HomeMy WebLinkAbout#11 Community Facilities Districts Agenda Item # 11
TRUCKEE ,,
Public Utility District 1
WORKSHOP
To: Board of Directors
From: Mary Chapman
Date: December 16, 2009
Subject: Discussion of Potential Foreclosures in the Community Facilities
Districts
1. WHY THIS MATTER IS BEFORE THE BOARD
Adoption of a foreclosure resolution is the next step in the collection of past due CFD
assessments. Only the Board can adopt resolutions.
2. HISTORY
In 2003, the Board formed a Communities Facilities District (CFD) for the Old
Greenwood development. In 2004, the Board formed a Communities Facilities District
for the Gray's Crossing development and authorized additional bonds to be sold in
2005. Both CFDs were formed for the purpose of selling bonds to pay for portions of
the infrastructure in both the Old Greenwood and Gray's Crossing developments.
Each year since their formation, the property owners of each development have been
assessed such that there would be sufficient funds to pay the principal and interest on
the bonds as it came due.
3. NEW INFORMATION
The criteria for when the Board must proceed with foreclosure is:
1) A parcel is past due more than $7,500;
2) If more than 5% of the amount billed is past due, all past due parcels are subject to
foreclosure.
There are two property owners that owe on their 2007/08 assessments in Old
Greenwood and 7 property owners that owe assessments from the 2008/09 tax year.
The total past due for Old Greenwood assessments is $29,618.46 including principal,
interest, penalties and fees. None of the Old Greenwood parcels owe more than
$7,500 and the total past due does not exceed 5% of the amount billed. The Board
may proceed with foreclosure on these parcels if you choose.
There are currently 6 parcels in Gray's Crossing that owe assessments from tax years
2006/07 and/or 2007/08. There are 30 parcels that owe for the 2008/09 tax year. The
total past due for Gray's -Crossing assessments is $126,996.27 including principal,
interest, penalties and fees (Attachment 1). Three parcels owe more than $7,500 and
the total past due exceeds the 5% limit. A total of 31 parcels are subject to
foreclosure proceedings at this time. Attached is a document (Attachment 2) from
Willdan Financial Services showing the calculation of the past due percentage by year
and the Covenant for Judicial Foreclosure which defines when the foreclosure
proceedings apply.
All of the property owners have received reminder letters, demand letters and
foreclosure letters prepared by Willdan Financial, the firm that administers the
collection of the assessments. Additionally, Nevada County requires that all
delinquent CFD assessments be removed from the County tax rolls. With the removal
from the tax rolls, a Notice of Intent to Remove Delinquent Special Tax Installments
from Tax Roll is recorded on the property to notify a future buyer that there may be
delinquent special taxes due on the parcel.
Susan Feller a law partner of Sherman & Feller provided me with a draft resolution
which needs to be adopted to begin the foreclosure process. Ms. Feller was
recommended by both Willdan Financial Services, and by John Murphy of Stradling
Yocca Carlson and Rauth who was bond counsel on the CFDs. Mr. Murphy said that
foreclosure is the only thing that Susan Feller does and their fees are reasonable.
The next steps are:
1) Review and adopt the draft resolution prepared by Susan Feller which orders
judicial foreclosure of delinquent special taxes pursuant to the Mello-Roos
Community Facilities Act of 1982 and authorizes retention of special counsel
(Attachment 3).
2) Enter into a fee agreement for legal services with Susan Feller of Sherman and
Feller.
4. FISCAL IMPACT
There is no fiscal impact with this workshop item.
5. RECOMMENDATION
Review this report and provide comment.
V
Mary Chap6iAn 0 Michael D. Holley
Administrative Services Manager General Manager
Attachment 1
Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
t f • •)-Community Facilities District No. 1Crossing)
A Active fa Foreclosure Action Flags: R Reminder Letter Sent N Notice of Intent/Strip Requested U SSE H Handbilled
P Paid Off S Split 0 Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
F Finished L Foreclosure Letter Sent P Payment Plan S Hold/Special Circumstance J Judgement
R Refunded
19-770-05-000 A PLANT STEPHEN T 8 180 DELAVEACA PARK RD SANTA CRUZ,CA 11092 CHINA CAMP ROAD 12/102007 $1,538.75 $153.88 $392.36 $0.00 $2,084.99 RDTL 09114/20D9
LAURIE H TRSTES 95065
04/10/2008 1,538.75 153.88 392.36 0.00 2,08499 DTL 0 9/1 412 0 0 9
A
12110/2008 1569,52 156.95 117.70 0.00 1.844.17 RDTL 09/14/2009
A
04110/2009 1569.52 156,95 117.70 0.00 1,844,17 DTL 0 9/1 412 0 09
A
Total Delinquent: $"16.54 $621.66 $1,020.12 0.00 $7,858.32
19-780.28-000 A
KELLEY JEFFREY H POB 1248 CRYSTAL BAY,NV 11315 CHINA CAMP ROAD 12/102008 $1,569.52 $156.95 $117.70 $0.00 $1,844.17 RDTL 09/14/2009
89402
041102009 1569.52 156.95 117.70 0.00 1,844.17 DTL 09/14/2009
A
Total Delinquent: $3,139.04 $313.90 $235.40 0.00 $3,688.34
19-790-14-000 A KELLY JAMES H POB 1248 CRYSTAL BAY,NV 11628 CHINA CAMP ROAD 1 211 02 0 0 8 $7 569.52 $156.95 $117.70 $0.00 $1 844,17 RDTL 09/14/2009
89402
041102009 1,569.52 156,95 117.70 0.00 1,844.17 DTL 09/14/2009
A
t
Total Delinquent: $3,139.04 $313.90 $235.40 0.00 f3,888.34
4
i
4
1
i
19-790.22-000 A PACKARD AMY P 8 7140 SUNRIVER CT REND,NV 89523 10576 BRICKELL COURT 04/1 D/2009 $1,677.77 $167.78 $125.85 $0.00 $1,971 40 RTL 09/14/2009
EDWARDA
Total Delinquent: $1,677.77 $167.78 $125.e5 0.00 $1,911.40
19A00.21-000 A EMARD LUKE POB 2308 LOOMIS,CA 95650 11881 COB URN DRIVE 04/1-110 11,591.81 $159.18 $405.96 $0.00 $2,156.95 RTL 09/14/2009
W I LLDAN Printed on November 23,2009 at 10:07 am Page 1 of 7
Financial Services
Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District CFD/CFD 04-1 (Gray's Crossing)-Community Facilities District No.04-1 (Gray's Crossing)
A Active fa Foreclosure Action Flags: R Reminder Letter Sent N Notice of Intent/Strip Requested U SBE H Handbilled
p P Paid OH S Split O Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
Ef F Finished L Foredosure Letter Sent P Payment Plan 5 HokUSpecial Circumstance J Judgement
V
R Refunded
- t -
A 12/102008 1.623.65 162.37 121.75 0.00 1,90T77 RDTL 09/14/2009
A 04/10/2009 1623,65 162.37 121.75 0.00 1,90T77 DTL 09/14/2009
Total Delinquent: $4,839.11 $483.92 $649.45 0.00 $5,972.49
jt
E 19-800-27-000 A BENTHAM JACK E 4710 ESPLANADE CT GRANBURY,TX 11607 CHINA CAMP ROAD 12/10/2008 $1,623.65 $162.37 $121 75 $000 $1 90T77 RDTL 09/142009
ETAL 76049
A 04/10/2009 1.623.65 162.37 121.75 0.00 1,907.77 DTL 09/14/2009
pi
p Total Delinquent: $3,247.30 $324.74 $243.50 0.00 $3,815.54
i
{ 19-840-01-000 A STUART 2020 PRADO VISTA LINCOLN.CA 95648 04/102009 $2,029.56 $202.96 $152.20 $0.00 $2.38472 RTL 09/14/2009
CHRISTOPHER ETAL
Total Delinquent: $2,029.56 $202.96 $162.20 0.00 $2,384.72
19-840-16-000 A RYE BRIAN J&DAWN POB 550 TAHOE VISTA,CA 12/10/2008 $1,961.91 $196.19 $147A5 $0-00 $2,305.25 RDTL 09/142009
C 96148
A 04/102009 1,961.91 196.19 147.15 0.00 2.30525 DTL 09/142009
f Total Delinquent: $3,923.82 $392.38 $294.30 0.00 $4,610.50
19-840-24-000 A RIDGEWOOD POS 1248 CRYSTAL BAY,NV DQ10/2009 $1,961.91 $196.19 $147.15 $0.00 $2,305.25 RTL 09/142009
ENTERPRISES LLC 89402
Total Delinquent: $1,961.91 $196.19 $147.15 0.00 $2,305.25
19-640-27-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $2.029.56 $202.96 $152.20 $0.00 $2.384.72 RTL 09/142009
ENTERPRISES LLC 89402
Total Delinquent: $2.029.55 $202.96 $152.20 0.00 $2,384.72
19-850-08-000 A RIDGEWOOD POB 1248 CRYSTAL BAY.NV 0411012009 $2,029.56 $202.96 $152.20 $0-00 $2.384.72 RTL 09/142009
ENTERPRISES LLC 89402
Total Delinquent: $2.029.56 $202.96 $152.20 0.00 $2,384.72
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Financial Services
Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
Community . i• . •
A Active fa Foreclosure Action Flags. R Reminder Letter Sent N Notice of Intent/Strip Requested U SBE H HandbiNed
{ P Paid Off S Split 0 Demand Letter Sam T Removal confirmed F Parcel in Foreclosure B Bankrupt
F Finished L Foreclosure Letter Sent P Payment Plan S Hold/Special Circumstance J Judgement
R Refunded
1g-g50-10..000 A MORAN TIMOTHY D 5485 BLOSSOM TREE LN SAN JOSE.CA 04/10/2008 $1 923.44 $192.34 $49045 E0.00 $2,606.23 RTL 09/14Y1009
ETAL 95124
I
12/102008 1.961.91 196.19 147.15 0.00 2,305.25 RDTL 09/14/2009
A
A 04/10/2009 1.961.91 196.19 147.15 0,00 2,305.25 DTL 09/14/2009
Total Delinquent: $5,84726 $584.72 $784.75 0.00 $7,216.73
19-850-18d00 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 E2,029.56 E202.96 $15220 E0.00 $2,384.72 RTL 05/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $2,029.56 $202.96 $152.20 0.00 $2,384.72
19-860-04-000 A MOODY MARLENE& 7752 FISHER ISLAND DR FISHER ISLAND..FL 121102008 $2.097.21 $209.72 $157.30 $0.00 $2,464.23 RDTL 09/14/2009
DOUGLAS W 33109
04/10/2009 2,097.21 209.72 157.30 0.00 2.464.23 DTL 09/14/2009
A
Total Delinquent: $4,194.42 $419.44 $314.60 0.00 S4,928A6
19-86001-000 A PORTER MICHAEL E& ROB 482 TRUCKEE,CA 0 411 0/2 0 0 7 $1,885.72 $188.57 $820.41 $0.00 $2,894.70 RDTL 09/14/2009
ESTHER M 96160
Total Delinquent: $1,885.72 $188.57 $820.41 0.00 $2,894.70
19-860-16-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $1,961.91 $196.19 $147.15 $0.00 $2,305.25 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $1,961.91 $196.19 $147.15 0.00 S2,30525
19-860-17-000 A RIDGEWOOD POS 1248 CRYSTAL BAY,NV 0 411 0/20 0 9 $2.02956 $202.96 $152.20 $0.00 $2,384.72 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $2,029.56 $202.96 $152.20 0.00 $2,354.72
19A60-18-000 A WATSON MATTHEW K POB 8451 TRUCKEE,CA 12/10/2008 $2,029.56 $202.96 $152.20 $0.00 $2,384.72 RDTL 0 911 4 2 0 09
96162
04/10/2009 2,029.56 202.96 152.20 0.00 2,384.72 DTL 09/142009
A
W I LLDAN I Printed on:November 23.2009 at 10:07 am Page 3 of 7
„� Financial Services
Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District • . No.
! A Active fa Foreclosure Action Flags: R Reminder Letter Sent N Notice of Intent/Strip Requested U SBE H Handbilled
{ P Paid Off S Split D Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
F Finished L Foreclosure Letter Sent P Payment Plan 9 Hold/Special Circumstance J Judgement
R Refunded
t
Total Delinquent: $4,059.12 $406.92 $304.40 0.00 $4,769.44
19-870-10-000 A DERAKSHANDEH 1504 W SAN TOMAS AOUINO CAMPBELL.CA 12/10/2008 $1,961,91 $196,19 $147,15 $0.00 $2,305.25 RDTL 09/14/2009
DARYOUSH&ELIKA RD 95008
ETAL
f A 04/10/2009 1.961.91 196A9 147.15 0.00 2.305.25 DTL 09/14/2009
Total Delinquent: $3,923.82 $392.36 $294.30 0.00 $4,610.50
6
_A,
A
19-870-14-000 A BLOOM JEFFREY M& 2085 BINNS CT SAN LUIS OBISPO, 04/10/2009 $1,961.91 $196.19 $147.15 $D00 $2,305.25 RTL 09/14/2009
CHRISTINA L CA 93401
Total Delinquent: $1,961.91 $196.19 $147.15 0.00 $2,305.25
IM70-20-000 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 04/10/2009 $1,961.91 $196.19 $147.15 $a00 $2,305.25 RTL 09/142009
ENTERPRISES LLC 89402
Total Delinquent $1,961.91 $196.19 $147.15 0.00 $2,305.25
19.870-214)00 A RIDGEWOOD POB 1248 CRYSTAL BAY,NV 0 411 0 20 0 9 $2,029.56 $202.96 $152.20 $aoo $2,384.72 RTL 0911412009
ENTERPRISES LLC 89402
Total Delinquent: $2,029.56 $202.96 $152.20 0.00 $2,384.72
19-880-02-000 A HOURIGAN PATRICK& 12671 ST MORITZ LN TRUCKEE,CA 1 2/1 0120 0 8 $2.23251 $223.25 $16745 $0.00 $2.623.21 RDTL 09/1412009
AILEEN 96161
A D4/102009 2.232.51 223.25 167.45 0.00 2,623.21 DTL 09/1420D9
Total Delinquent: $4,465.02 $446.50 $334.90 0.00 $5,246.42
19-880-05-000 A FERSON/SCHERMAN DAN FERSON LA JOLLA,CA 92038 04/10/2009 $2,232.51 $223.25 $167.45 $0.00 $262321 RTL 09/142009
FAMILY LLC ETAL POB 1169
AA/W I LLDAN Printed on:November 23,2009 at 10:07 am Page 4 of 7
_.« Financial Services
Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District CFD/CFD 04-1 (Gray's Crossing)-Community Facilities District No.04-1 (Gray's Crossing)
A Active fa Foreclosure Action Flags: R Reminder Letter Sent N Notice of Intent/Strip Requested D SBE H Handbilled
k P Paid Off S Split D Demand Letter Sent T Removal confirmed F Parcel in Foreclosure B Bankrupt
F Finished L Foreclosure Letter Sent P Payment Plan S Hold/Special Circumstance J Judgement
R Refunded
Total Delinquent: $2,232.51 $223.26 $167.45 0.00 $2,623.21
19-180-08,100 A JPMORGAN CHASE WASHINGTON MUTUAL BANK JACKSONVILLE,FL 111989 GHIRARD ROAD 12/10,21,011 12,029.56 1202.96 $152.20 $0.00 $2,384.72 RDTL 09/14/2009
BANK NTL ASSN #JAXB2007 32256
7255 BAYMEAD0W5
04/10/2009 2,029.56 202.96 152.20 0.00 2.384.72 DTL 09114/2009
A
Total Delinquent: $4,059.12 $405.92 $304.40 0.00 $4,769.44
t
1g-eg0.15.000 q SLITTER DOVGLAS 1039 CAMINO PABLO MORAGA,CA 94556 04/10/2009 $2,164.86 $216.49 $162,35 $0.00 $2.543.70 RTL 09/14/2009
I
Total Delinquent: $2,164.86 $216A9 $162.35 0.00 $2,543.70
19-890-02-OW A DELUCCHI RON 8 AMY 4481 PANORAMA OR LA MESA,CA 91941 12/10/2007 $1,989.76 $19598 $507.45 $0.00 $2,696.19 RDTL 09/14/2009
ETAL
04410/2008 1,989.76 198.98 507.45 0.00 2,696.19 DTL 09/14/2009
A
12/10/2008 2,029.56 202.96 152.20 0.00 2,384.72 RDTL 09/14/2009
A
04/10/2009 2.029.56 202.96 152,20 0.00 2,384.72 DTL 09/102009
A
Total Delinquent: $8,033.64 $803.88 $1,319.30 0.00 $10,161.82
19-890-13-000 A RUPPERT NATHAN M POB 1921 TRUCKEE,CA 04/10/2007 $1.885.72 $188.57 $820,41 $0.00 $2,894.70 RDTL 09/14/2009
ETAL 96160
12710/2007 1.923.44 192.34 490A5 0.00 2606.23 RDTL 09/14/2009
A
0411 OM08 1,923.44 19234 490.45 0,00 2.606.23 DTL 09/14/2009
A
12/10/2008 1,961.91 196.19 147.15 0.00 2,30525 RDTL 09/14/2009
A
04/1012009 1,961.91 196.19 147.15 0.00 2,305.25 DTL 09/14/2009
A
W I LLDAN I Printed on:November 23,2009 at 10:07 am Page 5 of 7
Financial Services
Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
gDistrict CFD/CFD 1 • .)-Community Facilities District No. iCrossing)
E
A Active is Foreclosure Action Flags. R Reminder Letter Sent N Notice of Intent/Strip Requested U SSE H Handbilled
t
P Paid Off 5 Split D Demand Letter Sent T Removal confirmed f Parcel in Foreclosure a Bankrupt
F Finished L Foreclosure Letter Sent P Payment Plan 5 HokvSpecial Circumstance J Judgement
R Refunded
Total Delinquent: $9,656.42 $965.63 $2,095,61 0.00 $12,717.66
i
1
19-89(Ma- 0 A RIDGEWOOD POB 1248 CRYSTAL SAY,NV 04/10/2009 $1,961.91 $196,19 $147.15 $0.00 $2,305.25 RTL 09/14/2009
ENTERPRISES LLC 89402
Total Delinquent: $1,961,91 $196.19 $147.15 0.00 $2,305.25
19-900-18-000 A RIDGEWOOD POB 1248 CRYSTAL BAY.NV 04/102009 $1.961.91 $196.19 $147.15 $0.00 $2,305,25 RTL 09/14/2009
fififi ENTERPRISES LLC 89402
Total Delinquent: $1,961.91 $196.19 $147.15 0.00 $2,30525
19-900-21-000 A TENEYCK SCOTT 10053 E ALDER CREEK TRUCKEE,CA 12/10/2008 $2,029.56 $202.96 $15220 $0,00 $2,384.72 RDTL 09/14/2009
I 96161
A 0,4/102009 2.029.55 202.96 152.20 0.00 2,384.72 DTL 09/14/2009
Total Delinquent: $4.059.12 $405.92 $304.40 0.00 $4,769.44
Printed on:November 23,2009 at 10:07 am Page 6 of 7
vWILLDAN ,
Financial Services
Special Tax
DELINQUENCY DETAIL REPORT
Truckee Donner PUD
District CFD1CFD 04-1 (Gray's Crossing)-Community Facilities District No. 04-1 (Gray's Crossing)
District Totals: Parcels Amount Penalties Interest Fees Total
All delinquencies prior to the 200912010 levy 33 $109,997.49 $10,999.80 $14,104.09 $0.00 $135,101.38
2009I2010 delinquencies 0 0.00 0.00 0.00 0.00 0.00
Total 33 $109,997.49 $10,999.80 $14,104.09 $0.00 $135,101.38
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Financial Services
Attachment 2 DELINQUENCY SUMMARY BY DISTRICT
Truckee Donner PUD
'Community Facilities District No. 0-
'A IW011411.
2006/07-1 $936,360.14 $1,885.72 0.20% 304 1 09/14/2009
2006/07-2 936,360.14 7,165.74 0.77% 304 4 09/14/2009
2007/08-1 1,034,307.38 5,451.95 0.53% 304 3 09/14/2009
2007/08-2 1,034,307.38 8,967.20 0.87% 304 5 09/14/2009
2008/09-1 1,013,059.88 28,251.46 2.79% 388 15 09/14/2009
f 2008/09-2 1,013,059.88 58,275.42 5.75% 388 30 09/14/2009
TOTAL $5,967,454.80 $109,997.49 1.84%
I
Calculations performed on 11/30/2009 11:41:00PM
i
x Covenant for Judicial Foreclosure
The District has covenanted to commence judicial foreclosure proceedings against all parcels where the aggregate delinquent Special Taxes on such
parcels is greater than$7,500 by the October 1 following the close of each Fiscal year in which such Special Taxes were due.
The District will commence judicial foreclosure proceedings against all parcels with delinquent Special Taxes by the October 1 following the close of
each Fiscal Year in which it receives Special Taxes in an amount which is less than 951/o of the total Special Tax levied for such Fiscal year.
The District will diligently pursue such foreclosure proceedings until the delinquent special taxes are paid. The District may elect to defer foreclosure
proceedings on any parcel which is owned by a delinquent property owner whose property is not,in the aggregate,delinquent in the payment for a period
of three years or more or in an amount in excess of$12,000 so long as the amount in the Reserve Account of the Special Tax Fund is at lest equal to the
Reserve Requirement,and the District is not in default in the payment of the principal of or interest on the Bonds.
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WIL.LDAN Printed on:December 01,2009 at 8:26 am Page 1 of 1
F na xiai Seances
Attachment 3
DRAFT
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TRUCKEE DONNER PUBLIC UTILTY DISTRICT ACTING ON
ITS OWN BEHALF AND AS THE GOVERNING BODY OF ALL
OF ITS COMMUNITY FACILITIES DISTRICTS ORDERING
JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL
TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982, ORDERING THAT THE TAX
COLLECTOR BE CREDITED WITH THOSE TAXES AND
AUTHORIZING RETENTION OF SPECIAL COUNSEL
WHEREAS, the Truckee Donner Public Utility District (the "TDPUD") has
conducted proceedings resulting in the formation of Community Facilities Districts ("CFDs";
the District and the CFDs are collectively referred to as "District") and the issuance and sale
of bonds or debt pursuant to the Mello-Roos Community Facilities Act of 1982 (Cal. Gov.
Code Section 53311, et seq.; the "Act"); and
WHEREAS, pursuant to the Act, the District has duly recorded Notices of Special
Tax Lien and has duly and regularly levied CFD special taxes, which special taxes and
interest and penalties thereon constitute a lien against the parcel of the land against which it
was levied until the same are paid, which liens secure in whole or part debt issued pursuant to
the Act; and
WHEREAS, certain installments of the special taxes have not been paid when due,
and certain special taxes may not be paid when due in the future; and
WHEREAS, pursuant to Section 53356.1(a) of the Act,the District is authorized to
order the special taxes collected by an action brought in the Superior Court to foreclose their
liens; and
WHEREAS, pursuant to Section 53356.1(b) of the Act, the District covenanted for
the benefit of owners of the debt to file such foreclosure actions on behalf of the debt holders
and are authorized to order the County Auditor to credit the delinquent special taxes upon the
secured tax roll,thus relieving the County Tax Collector of further duty and regard thereto;
and,
WHEREAS, the District wishes to retain experienced, qualified counsel to
prosecute such judicial foreclosure actions,
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the TDPUD
acting on its own behalf and as the Legislative Body of all of the District CFDs that:
1
1. The Board finds that the Act authorizes the commencement of judicial
foreclosure proceedings to collect delinquent special taxes, and hereby orders that the
delinquent special taxes listed on the attached Exhibit A and all future delinquent special
taxes as to such property, be collected by action brought in the appropriate Superior Court to
foreclose the liens thereof.
2. The District[Fill in with who will sign contract] is authorized to retain Sherman
&Feller, a Law Corporation, as special counsel on the terms set forth in the agreement
presented to the Board to prosecute the foreclosure actions and to collect on behalf of the
CFDs all amounts due on account of the special taxes listed in Exhibit A and any subsequent
delinquent special taxes.
3. The Board finds that the Act provides for the payment of the costs and attorneys
fees for prosecution of the foreclosures authorized by the District and hereby authorizes
Attorneys to require payment on its behalf of all costs and all attorneys fees incurred as to
each delinquent parcel as a condition of such redemption as provided in the agreement.
4. District personnel in conjunction with special counsel and other CFD and
District consultants are authorized and directed if and as applicable,pursuant to Government
Code Section 53356.2: 1)to record notices of intent to remove the delinquent special taxes
from the tax rolls, and 2)to request that the applicable County officials remove current and
future delinquent special taxes from the tax rolls.
Adopted by the Board of Directors of the Truckee Donner Public Utility District
acting on its own behalf and as the Legislative Body of all of its Community Facilities
Districts at a regular meeting held on _, 20_, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
District Clerk President, Board of Directors acting on its
own behalf and as the Legislative Body of all
of the District of Vallejo Community
Facilities Districts
(SEAL)
2
EXHIBIT A
[Samplelor use document prepared by consultant with equivalent information]
CFD
APN Fiscal Year Installments Amount*'
2007108 2nd or Both*
** Or"2nd" if only one installment is delinquent
*Exclusive of Delinquent and Redemption Penalties.
4