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HomeMy WebLinkAboutRES 2025-24 - Board Docusign Envelope ID: F3404667-BF30-4630-gCFD-83D80E5AC7DD GI UCKEE DONNER blic Utility District RESOLUTION NO. 2025 - 24 RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT ACTING ON ITS OWN BEHALF AND AS THE GOVERNING BODY OF ALL OF ITS COMMUNITY FACILITIES DISTRICTS (OLD GREENWOOD No. 03-1 AND GRAYS CROSSING No. 04-1) AUTHORIZING FORECLOSURE PROCEEDINGS AND 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 the District CFDs that: 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. Docusign Envelope ID: F3404667-BF30-4630-9CFD-83D80E5AC7DD 2. The General Manager is authorized to retain Stradling Yocca Carlson & Rauth, a law firm, 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. 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 its Community Facilities Districts at a regular meeting held on September 3, 2025, by the following vote: AYES: Murrell, Randall, Laliotis, Finn NOES: none ABSTAIN: none ABSENT: Bender TRUCKEE DONNER PUBLIC UTILITY DISTRICT Signed by: isfa F 1,V fin, AIFSDD2E6BFC4EC... Christa Finn, President ATTEST: Signed by: Eg , Wes, G M 77918AE063C74F8... Brian Wright, General Manager Docusign Envelope ID: F3404667-BF30-4630-9CFD-83D80E5AC7DD Attachment 1 EXHIBIT A Parcel Owner's Name District Tax Year(s) Installment(s) 019750007000 HIGH LIFE LLC CFD 03-1R(Old Greenwood) 2024/25 1st&2nd 019750027000 CASTLETON AARON ETAL CFD 03-1R(Old Greenwood) 2024/25 1st&2nd 019770002000 SIDDIQUI FAMILY PARTNERSHIP LP CFD 04-1(Gray's Crossing) 2024/25 1st&2nd 019780006000 AAA BUKATY DEVELOPMENT CFD 04-1(Gray's Crossing) 2024/25 1st&2nd 019840004000 BANY TENILLE&ADAM CFD 04-1(Gray's Crossing) 2024/25 1st&2nd 019840028000 WENSTROM MARLON W&LESLY A TRSTES CFD 04-1(Gray's Crossing) 2024/25 2nd 019870019000 THP GC LLC CFD 04-1(Gray's Crossing) 2024/25 1st&2nd 043010005000 SIDDIQUI FAMILY PARTNERSHIP LP CFD 04-1(Gray's Crossing) 2024/25 1st&2nd 043010007000 DK ALVISO LLC CFD 04-1(Gray's Crossing) 2024/25 1st&2nd