RES 14-25 - Floreo CFD SARB Sr. 2025 - Approving Assessment and Ordering Collection (002)(6.9.25) (6565586.2)(6565586.2).docx
City of Buckeye — Joint Community Facilities Districts (2025-07-01)
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6565586.2 1 RESOLUTION NO. 14-25 (Floreo at Teravalis) RESOLUTION OF THE BOARD OF DIRECTORS OF THE FLOREO AT TERAVALIS COMMUNITY FACILITIES DISTRICT (CITY OF BUCKEYE, ARIZONA) APPROVING THE ASSESSMENT AND THE PROCEEDINGS HERETOFORE HAD AND TAKEN FOR THE FLOREO AT TERAVALIS COMMUNITY FACILITIES DISTRICT (CITY OF BUCKEYE, ARIZONA); DETERMINING THE WORK HAS BEEN COMPLETED IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS; AND ORDERING THE COLLECTION OF THE AMOUNT ASSESSED. WHEREAS, the Board of Directors (the “District Board”) of the Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona) (the “District”), (i) initiated the establishment of Special Assessment District No. 1 within the boundaries of the District (the “Assessment District”), (ii) initiated the acquisition of certain public infrastructure improvements and purposes within the Assessment District (the “Project”) as described in Resolution No. 09-25 (Floreo at Teravalis) (the “Resolution of Intention”) adopted by the District Board on June 17, 2025, (iii) initiated the financing of said Project and necessary Incidental Expenses (as defined in the Resolution of Intention) with the District’s special assessment revenue bonds, and (iv) ordered, pursuant to Resolution No. 10-25 (Floreo at Teravalis), the acquisition of such Project as contemplated by the Resolution of Intention; and WHEREAS, pursuant to the Waiver Agreement (as defined in the Resolution of Intention), the owners of all of the real property within the Assessment District consented to the inclusion of all of the real property in the Assessment District, subject to later deletions of real property relating to undevelopable and publicly-owned land and other modifications, and acknowledged the levy of an assessment, as provided by law, in an amount not to exceed $10,970,000 for the purpose of financing the Project and Incidental Expenses; and WHEREAS, an assessment in the amount of $10,970,000 (the “Assessment”) was prepared, which will result in a total assessment certified to bond in the amount of $10,970,000, and a warrant has been prepared as provided by law and the District’s Special Assessment District No. 1 Special Assessment Revenue Bonds, Series 2025, in the amount of $10,970,000, have been or shall be issued and sold; and WHEREAS, the District Engineer (as defined in the Resolution of Intention) has reported to this District Board that all work relating to the Project has been completed in accordance with the approved plans and specifications; and WHEREAS, a hearing was set for the consideration of the Assessment and notice of such hearing on the Assessment has been given to all persons owning real property in the Assessment District as the names appear upon the tax roll and such hearing has been held; and WHEREAS, no objections to the District Engineer’s determination that all work relating to the Project has been completed in accordance with the plans and specifications have been filed or presented at the hearing; and WHEREAS, the District Engineer has caused to be prepared an estimate of all costs anticipated to be incurred in connection with the acquisition of the Project, including the costs of certain Incidental Expenses related thereto. 6565586.2 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona), as follows: Section 1. The work relating to the Project as described in the Resolution of Intention has been completed in accordance with the approved plans and specifications and is hereby accepted as complete. Section 2. Any and all objections to the Assessment, the legality of the Assessment and the legality of all proceedings related to the Assessment District are hereby overruled. The Assessment in the amount of $10,970,000 as so made is hereby fully and finally confirmed and approved. Section 3. All acts of the District Clerk, the Superintendent of Streets (as each term is defined in the Resolution of Intention) and any person acting for such officials in setting the date for the hearing on the Assessment and causing notice thereof to be mailed is hereby ratified and confirmed. Section 4. The Superintendent of Streets is hereby directed to request the Treasurer of the District to collect the Assessment that has been levied against the real property in the Assessment District for an amount not greater than the grand total of costs set forth in the Assessment. Section 5. With respect to any Assessment that bonds are issued against, the Treasurer of the District shall cause the Assessment to be billed and collected in installment payments sufficient to pay the amounts due on any bonds that are secured by such Assessment. The Assessment shall be collected and, if necessary, foreclosed in accordance with Arizona Revised Statutes Sections 48-601 through 48-607, inclusive, as amended, and in accordance with the Waiver Agreement. Section 6. All acts of the District Clerk, the Treasurer of the District, the District Manager, the District Engineer and the Superintendent of Streets, and any person acting for such officials in furtherance of this resolution or in the collection of the Assessment are hereby approved, ratified and confirmed. [Signatures on following page.] 6565586.2 PASSED, ADOPTED AND APPROVED by the Board of Directors of the Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona) on July 1, 2025. FLOREO AT TERAVALIS COMMUNITY FACILITIES DISTRICT (CITY OF BUCKEYE, ARIZONA) District Chair ATTEST: District Clerk APPROVED AS TO FORM: Gust Rosenfeld P.L.C. District Attorney/Bond Counsel CERTIFICATE I, Lucinda J. Aja, the duly appointed District Clerk of the Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona), do hereby certify that the above and foregoing Resolution No. 14-25 (Floreo at Teravalis) was duly passed by the Board of Directors of the Floreo at Teravalis Community Facilities District (City of Buckeye, Arizona), at a regular meeting held on July 1, 2025, and the vote was ____ aye s, ____ nay s, ____ abstained and ____ were absent, and that the Chair and ___ Board Members were present thereat. DATED: July 1, 2025. Lucinda J. Aja, District Clerk