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Home My WebLink About20092666.tiffRESOLUTION RE: REQUEST FOR STAY OF DEADLINE FOR SUBMITTAL OF APPLICATIONS FOR QUINQUENNIAL FINDINGS OF REASONABLE DILIGENCE AND STIPULATION FOR BEEBE DRAW FARMS METROPOLITAN DISTRICTS NOS. 1 AND 2 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on April 29, 2009, the Board approved Resolution #2009-1028, which required that the Boards of Directors of Beebe Draw Farms Metropolitan Districts Nos.1 and 2 ("Metro Districts") submit to the Board of County Commissioners, within sixty (60) days of receiving a copy of said Resolution, applications for quinquennial findings of reasonable diligence for Beebe Draw Farms Metropolitan Districts Nos. 1 and 2, including certain required information, and WHEREAS, the Metro Districts received a copy of Resolution #2009-1028 on May 7, 2009, which therefore set the due date for said submittal of applications and information at July 6, 2009, and WHEREAS, the Metro Districts submitted a letter dated June 11, 2009, requesting that the due date for submittal be extended to August 6, 2009, and the Board deemed it advisable to grant such extension at the hearing conducted on June 22, 2009, and WHEREAS, the Metro Districts submitted a letter dated July 31, 2009, requesting that the due date for submittal be extended to September 21, 2009, and the Board deemed it advisable to grant an extension to September 9, 2009, at the hearing conducted on August 5, 2009, and WHEREAS, the Metro Districts submitted a letter dated August 28, 2009, requesting that the due date for submittal be extended to November 2, 2009, and the Board deemed it advisable to grant an extension to November 2, 2009, and set a hearing date of November 18, 2009, at the hearing conducted on September 2, 2009, and WHEREAS, the Board has been presented with a Letter Stipulation Agreement, dated October 7, 2009, from Paul Cockrel, General Counsel to Beebe Draw Farms Metropolitan District No. 1; Mary Ann McGeady, Special Counsel to Beebe Draw Farms Metropolitan District No. 2; and Richard Lyons, Attorney for Jeff Hare, requesting a stay of the submittal date, vacation of the hearing scheduled for November 18, 2009, conditional upon compliance with the milestones as listed in said stipulation, and WHEREAS, upon hearing the matter, the Board deems it advisable to approve said Letter Stipulation Agreement, conditional upon compliance with the milestones as listed in said stipulation, grant a stay of the submittal deadline date, and vacate the hearing scheduled for November 18, 2009. 2009-2666 SD0001 00 rat. aE 77/05/67 REQUEST FOR STAY OF DEADLINE FOR SUBMITTAL OF APPLICATIONS FOR QUINQUENNIAL FINDINGS OF REASONABLE DILIGENCE AND STIPULATION FOR BEEBE DRAW FARMS METROPOLITAN DISTRICTS NOS. 1 AND 2 PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Letter Stipulation Agreement be, and hereby is, approved, conditional upon compliance with the milestones as listed in said stipulation. BE IT FURTHER RESOLVED by the Board that the request for a stay of the submittal deadline date and vacation of the hearing scheduled for November 18, 2009, be, and hereby is, granted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of October, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COIdM1JTY, COLORADO ATTEST: /L/ Weld County Clerk to the B BY�. 1.11L -t; iCYi1 Depute Clerk to the Board APP,,RO,A A 4S5 — Attorney Date of signature: I /3 )C`) 2009-2666 SD0001 McGEADY SISNEROS October 7, 2009 VIA EMAIL Weld County Board of County Commissioners Weld County P.O. Box 758 Greeley, CO 80632 McGeady Sisneros P.C. 450 E. 1 Th Avenue, Suite 400 Denver, Colorado 80203-1214 303.592.4380 tel 303.592.4385 fax www.mcgeadysisneros.com Re: Beebe Draw Metropolitan District Nos. 1 and 2, Quinquennial Review Dear Commissioners: This request and stipulation is being jointly submitted by the Beebe Draw Farms Metropolitan District Nos. 1 and 2 and a group of residents from District No. 1, including Jeff Hare. As you know, the current deadline for the Districts to submit the written application for quinquennial findings of reasonable diligence is November 2, 2009 and a hearing is scheduled for November 18, 2009. Over the past few months the Districts have been working cooperatively and diligently with Mr. Hare and other members of the community, County staff, District consultants, and the Executive Committee in order to address all of the concerns of the County and residents and to provide solutions in the best interests of the community and the Districts. In particular, we have negotiated and come to major agreement on the key terms for a restructuring of the Districts which will provide for more oversight and responsibility by District No. 1 of the operations and maintenance of the improvements and the timing and construction of amenities within the development. All parties desire to continue to work cooperatively and to move forward with the proposed restructuring. In order to make efficient use of the time and resources of the Districts, residents, and County staff, we respectfully request that the deadline for the written application of quinquennial findings be stayed and the November 18, 2009, hearing be vacated as long as the agreed to milestones described below are attained. The parties agree to the following milestones: 1. November 15, 2009 — Deadline for the Districts to make formal submittal of the Amended and Restated Service Plan to the Board of County Commissioners. 2. February 26, 2010 — Deadline for approval of Amended and Restated Service Plan by the BOCC. {00155465. DOC v:3) Weld County Board of County Commissioners October 7, 2009 Page 2 3. Within 15 days of approval of Amended and Restated Service Plan by BOCC — Deadline for the Developer to submit a petition to District No. 1 to exclude undeveloped lots from District No. 1 and to submit a petition to District No. 2 for inclusion of undeveloped lots into District No. 2 4. April 15, 2010 — Deadline for approval by District No. 1 of exclusion of Developer's undeveloped lots conditional upon the May 2010 election passing. 5. April 15, 2010 — Deadline for approval by District No. 2 of inclusion of Developer's undeveloped lots conditional upon the May 2010 election passing. 6. May 4, 2010 — Elections to be held in District No. 1 and District No. 2. 7. June 3, 2010 — Deadline to certify results of election to BOCC. The parties agree that if any of the above milestones are not timely met, and if the parties have not otherwise agreed in writing to extend the applicable milestone deadline, the BOCC may lift the stay and the Districts shall have 30 days from the date the stay has been lifted in which to file their written application of quinquennial findings to the BOCC. If all the milestones are reached but the election does not pass, the Districts shall submit their written application of quinquennial findings to the BOCC on or before July 6, 2010. The parties acknowledge that, in accordance with Section 32-1-1101.5(1.5), C.R.S, the BOCC initially required the Districts' filing of the application of quinquennial findings in fiscal year 2009, which is the 10th calendar year after the Districts' last ballot issue election in 1999. In the event the stay is lifted or the election does not pass as set forth herein and the timing to file the written application is extended beyond December 31, 2009, the parties waive any right they may have to object to being required to file their written application of quinquennial findings after December 31, 2009. If the election passes, the parties agree that the quinquennial review will no longer be required. In addition to filing this written stipulation and request to the BOCC, the parties will also be filing a stipulation with the District Court of Weld County, Case No. 2009cv332, requesting a stay of the exclusion appeal under the same timeframes as set forth herein and other related items. We look forward to presenting the proposed restructure to County staff and the BOCC. Thank you in advance for your time. By: Paul Cockrel, General Counsel to Beebe Draw Farms Metropolitan District No. I (00155465DOC v:3) Weld County Board of County Commissioners October 7, 2009 Page 3 By: MaryAnn McGeady, Special Counsel to Beebe Draw Farms Metropolitan District No. 2 By: Richard Lyons, At; tirney for Jeff Hare This stipulation is approved this %7tiday of October, 2009. BOARD OF COUNTY COMMISSIONERS OF WELD COUNTzrOLORADO By: William F. Garcia, Chairman ' _.5 cc: Bruce Barker, Esq. Board of Directors, Beebe Draw Farms Metropolitan District Nos. 1 and 2 (00155465.DOC v:3 Weld County Board of County Commissioners October 7, 2009 Page 3 By: By: V\t, 5n-/iR MaryAm McGeady, Special Coun l to Beebe Draw Farms Metropolitan District No. 2 Richard Lyons, Attom/for Jeff Hare This stipulation is approved this 12`Cday of October, 2009. BOARD OF COUNTY COMMISSIONERS OF WELD COUNT, COLORADO By: William F. Garcia, Chairman OCT 1 2 ro. cc: Bruce Barker, Esq. Board of Directors, Beebe Draw Farms Metropolitan District Nos. 1 and 2 {00155465.DOC v:3} Donna Bechler From: Sent: To: Cc: Subject: Don Warden Friday, October 09, 2009 10:33 AM Bruce Barker; Commissioners Monica Mika; CTB RE: Beebe Draw Deal I agree with Bruce their approach is a good method to try to resolve the historical problems and let the community move forward together to try and make this development work for the current owners and the future owners. It is encouraging that all the parties are agreeable to the approach. They have put a lot of work into getting this far. I think even with this approach the development has an uphill battle to ultimately market this project. The build out is going to be many years, but I think the parties understand that and their ultimate service plan will reflect a 20-30 year build out. It is kind of making the best of a bad situation. That said I also recommend BOCC approval Monday. Don Original Message From: Bruce Barker Sent: Friday, October 09, 2009 9:24 AM To: Commissioners Cc: Don Warden; Monica Mika; CTB Subject: Beebe Draw Deal See the attached. This will be on the Board's agenda for Monday. MaryAnn McGeady and Dick Lyons will be there to explain. Jeff will be in San Francisco on Monday, but he has authorized Dick to sign on his behalf. The parties have worked out a new structure (through an authority) that will allow a method by which both districts will be governed by an authority board made up of both resident and developer representatives. A professional manager will be hired to manage the operations and maintenance. Revenues will be split approximately 85% to infrastructure and 15% to amenities, with an initial $325,000 put into the amenities account. These are some of the details that will go into restructured service plans, for which the attached stipulation provides a schedule for BOCC approval and a vote of the property owners of the 2 districts. Note that the stipulation again extends the quinquennial review. Under this stipulation, the quinquennial review process will reactivate if the BOCC does not approve the restructured service plans, or if the property owners vote them down. The stipulation also vacates the hearing now scheduled for November 18, 2009. The stipulation is the result of many hours of work by both Ms. McGeady and Kristin Bowers, and by Jeff Hare. It also has been discussed at many community and district meetings. I believe the stipulation presents a reasonable method for the community to move forward, and I recommend the BOCC approve the same on Monday, October 12, 2009. Esther Gesick From: Esther Gesick Sent: Wednesday, October 21, 2009 4:16 PM To: Kristin Bowers Cc: MaryAnn McGeady; Jennifer Henry; Julia Dybdahl; Bruce Barker; Esther Gesick Subject: RE: Beebe Draw Farms Stipulation Attachments: Beebe Draw Farms Stipulation Kristin, I have attached this digital copy to the Resolution as an temporary document. We are still waiting on an original to present to the Chair to signature. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) From: Kristin Bowers [mailto:kbowers@mcgeadysisneros.com] Sent: Wednesday, October 21, 2009 12:07 PM To: Esther Gesick Cc: MaryAnn McGeady; Jennifer Henry; Julia Dybdahl Subject: Beebe Draw Farms Stipulation Hi Esther: Attached please find a revised Stipulation for the Beebe Draw Farms Quinquennial Review extension - revised to correct the typo on page 2 of "District No. " to "District No. 2". Please let me know if you have any questions. Thanks. Kristin J. Bowers McGeady Sisneros, P.C. 450 E. 17th Avenue, Suite 400 Denver, CO 80203-1214 (303) 592-4380 phone (303) 592-4385 fax kbowers(a mcgeadvsisneros.com Please visit our new website: www.mcgeadysisneros.com The information contained in this communication is confidential, may constitute inside information, is intended only for the use of the addressee, and is the properly of McGeady Sisneros PC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. t McGEADY SISNEROS October 23, 2009 McGeady Sisneros P.C. 450 E. 17"' Avenue, Suite 400 Denver, Colorado 80203-1214 303.592.4380 tel 303.592.4385 fax www.mcgeadysisneros.com li C., to 1'1 C Esther Gesick Weld County Board of County Commissioners 915 10th Street Greeley, CO 80631 Re: Beebe Draw Farms Metropolitan District Nos. 1 and 2 Dear Esther: Enclosed for execution by the BOCC is the Stipulation regarding Beebe Draw Farms Metropolitan District Nos. 1 and 2, Quinquennial Review. If you have any questions, please do not hesitate to call. Thank you. Very truly yours, MCGEADY SISNEROS, P.C. Julia Dybdahl Legal Assistant to MaryAnn M. McGeady Enclosure 00156710.DOC v:1 t o7C9G�j- o2&&& Hello