HomeMy WebLinkAbout20072572.tiff RESOLUTION
RE: APPROVE CONSOLIDATED SERVICE PLAN FOR PROPOSED WATERFRONT AT
FOSTER LAKE METROPOLITAN DISTRICTS NOS. 1, 2, AND 3
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,pursuant to Section 32-1-204,C.R.S.,a Consolidated Service Plan concerning
the proposed Waterfront at Foster Lake Metropolitan Districts Nos. 1, 2, and 3, was filed with the
Weld County Board of County Commissioners, and
WHEREAS, on June 6, 2007, by Resolution #2007-1593, the Board of County
Commissioners scheduled a public hearing on the Consolidated Service Plan to be held at
9:00 a.m. on August 8, 2007, and
WHEREAS,the Board of County Commissioners rescheduled said public hearing on the
Consolidated Service Plan to be held at 9:00 a.m. on August 29, 2007, and
WHEREAS, notice of the date, time, location, and purpose of said hearing was duly
published in The Fort Lupton Press, the county legal newspaper, on August 8, 2007; notice was
provided to the Division of Local Affairs of the name and type of the proposed district;and notice of
the date,time and location of said hearing was provided to the Petitioners,to the governing body of
each municipality and of each special district which had levied an ad valorem tax within the next
preceding tax year and which had boundaries within a radius of three (3) miles of the proposed
district,and to said Division,as required by Section 32-1-202(1), C.R.S.,and Section 32-1-204(1),
C.R.S., and
WHEREAS,the Weld County Planning Commission considered the Consolidated Service
Plan at its meeting on July 17, 2007,and presented its favorable recommendation to the Board of
County Commissioners at its hearing on this matter, as required by Section 32-1-204(2), C.R.S.,
and
WHEREAS,the Board did,on August 29,2007,conduct a full public hearing on this matter,
taking evidence establishing the jurisdiction of the Board to hear this matter and further taking
evidence regarding the substantive issues set forth in Section 32-1-203, C.R.S.,at which hearing
all interested parties were afforded an opportunity to be heard, and
WHEREAS,the Board fully considered the Consolidated Service Plan and all testimony and
other evidence presented to it in this matter relating to said Consolidated Service Plan,including the
favorable recommendation of the Weld County Planning Commission, and
WHEREAS,the Board,after consideration of all testimony and other evidence presented to
the Board in this matter,finds that the Consolidated Service Plan meets the criteria contained within
Section 32-1-203, C.R.S., and
�,L'. �L � K EK' �3 c: w/G.�f- 2007-2572
SD0132
-/K v 7
APPROVE PROPOSED CONSOLIDATED SERVICE PLAN-WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICTS NOS. 1, 2, AND 3
PAGE 2
WHEREAS,no written requests for exclusion were submitted to the Board from any property
owners or owners within the boundaries of the proposed Districts.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that:
Section 1. The Board hereby determines that all of the jurisdictional and other
requirements of Sections 32-1-202 and 32-1-204,C.R.S.,have been fulfilled,
including those relating to the filing and form of the Service Plan, the form
and publication of the public hearing of the hearing on the Service Plan,and
the type of public hearing held herein, and that, pursuant to
Section 32-1-204(1)the petitioners did give proper and timely notification of
the hearing to the governing body of any existing municipality or special
district which levied an ad valorem property tax in 2006, and which has
boundaries within a radius of three miles from the boundaries of the
proposed Districts.
Section 2. The Weld County Planning Commission has considered this matter as
required by law and has favorably recommended approval of the
Consolidated Service Plan.
Section 3. Based upon the information contained within the Consolidated Service Plan
and evidence presented to the Board at the hearing,the Board hereby finds
and determines as follows:
A. There is sufficient existing and projected need for organized services
of the nature proposed in the Consolidated Service Plan in the area
to be serviced by the proposed District.
B. The existing services in the area to be served by the proposed
Districts are inadequate for present and projected needs.
C. The proposed Districts are capable of providing economical and
sufficient services to the area within its proposed boundaries.
D. The area to be included in the proposed Districts has, or will have,
the financial ability to discharge the proposed indebtedness on a
reasonable basis.
E. Adequate services are not, and will not be, available to the area
through Weld County or other municipal or quasi-municipal
corporations,including special districts,within a reasonable time and
on a comparable basis.
F. The facilities and service standards of the proposed Districts are,or
will be, compatible with the facilities and service standards of Weld
2007-2572
SD0132
APPROVE PROPOSED CONSOLIDATED SERVICE PLAN-WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICTS NOS. 1, 2, AND 3
PAGE 3
County and of each municipality and special district which is an
interested party hereto.
G. The Consolidated Service Plan is in substantial compliance with the
Weld County Comprehensive Plan and the Weld County Code.
H. The creation of the proposed Districts will be in the best interest of
the area proposed to be served.
Section 4. The Consolidated Service Plan of the proposed Districts be,and hereby is,
approved, subject to the following conditions:
A. That the Petitioners shall secure resolutions from the respective
Boards of Directors of the Longs Peak Water District("LPWD")and
the St.Vrain Sanitation District("SVSD"),consenting to the formation
of the Districts, as required by Section 32-1-107, C.R.S. (the
"Consent Resolutions"), prior to the entry of the Districts' orders of
formation by the District Court for, and in, Weld County, Colorado.
B. That, to the extent required by and referenced in the Consent
Resolutions, the Districts shall approve an intergovernmental
agreement with each of LPWD and SVSD, and that such
intergovernmental agreements, if any, be approved at the Districts'
joint organizational meeting of their Boards of Directors, which
meeting will be held following the entry of the Districts' orders of
formation by the District Court for and in Weld County, Colorado.
The intergovernmental agreements to be approved by the Districts
with each of LPWD and SVSD generally set forth the following: (1)
LPWD shall be the sole provider of water service within the
boundaries of the Districts; (2) SVSD shall be the sole provider of
sanitary sewer service within the boundaries of the Districts;(3)the
Districts are prohibited from constructing a water treatment plant or
wastewater treatment plant; (4) the Districts are prohibited from
selling water or sanitary sewer taps; (5) water and sanitary
sewer-related infrastructure constructed by the Districts will be
completed in accordance with all then-current applicable regulations
of LPWD and SVSD.
Section 5. The Clerk to the Board be, and hereby is, directed to advise the Petitioners
in writing of this action and to attach a certified copy of this Resolution for the
purpose of filing the same with the District Court of Weld County.
Section 6. All Resolutions, or parts hereof, in conflict with the provisions hereof, are
hereby repealed to the extent of such conflict only.
2007-2572
SD0132
APPROVE PROPOSED CONSOLIDATED SERVICE PLAN-WATERFRONT AT FOSTER LAKE
METROPOLITAN DISTRICTS NOS. 1, 2, AND 3
PAGE 4
Section 7. This Resolution,immediately upon its passage,shall be authenticated by the
signatures of the Board of County Commissioners and the Clerk to the Board
and sealed with the corporate seal of the County.
Section 8. This Resolution is necessary for the health, safety and welfare of the
citizenry of Weld County.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 29th day of August, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
Lam WELD COUNTY, COLORADO
ATTEST: ,rva �L� "' '�"ver %EXCUSED
1S61 (V David E. Long, Chair
Weld County Clerk to th:% oFr A
.
It WilJi�m ¢I. r e, Pro-Tem
BY: r.� ... ,�ts..:.i
D ty CI: - to the Boar
'� William F. Garcia
O D AS TO •
OEXCUSED
Robert D. Masden
• ttorney
Douglas ademacher
Date of signature: 61/10/0
2007-2572
SD0132
CONSOLIDATED SERVICE PLAN
FOR
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 1
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 2
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NO. 3
WELD COUNTY, COLORADO
Prepared by:
Grimshaw&Harring, P.C.
1700 Lincoln Street, Suite 3800
Denver, CO 80203
Submitted to Weld County on:
May 31, 2007
TABLE OF CONTENTS
I. INTRODUCTION 1
A. Purpose and Intent 1
II. DEFINITIONS 1
A. Multiple District Structure. 4
B. Needs Analysis/Basis for Statutory Findings 4
C. District Functions Generally 4
III. BOUNDARIES 5
IV. PROPOSED LAND USE AND ASSESSED VALUATION 5
V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES 6
A. Powers of the Districts and Service Plan Amendment. 6
1. Operations and Maintenance Limitation 6
2. Longs Peak Water District and St. Vrain Sanitation District 7
3. Construction Standards Limitation 7
4. Privately Placed Debt Limitation 7
5. Initial Debt Limitation 8
6. Total Debt Issuance Limitation 8
7. Monies from Other Governmental Sources 8
8. Eminent Domain Limitation 8
9. Service Plan Amendment Requirement 8
B. Primary Infrastructure Plan 9
VI. FINANCIAL PLAN 9
A. General 9
B. Maximum Net Effective Interest Rate and Maximum Underwriting Discount.... 10
C. Maximum Debt Mill Levy. 10
D. Maximum Debt Mill Levy Imposition Term 10
E. Debt Repayment Sources 11
F. Security for Debt 11
G. Operating Costs of the Districts 11
H. Elections 12
VII. CONSOLIDATION 12
VIII. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND
EXTRATERRITORIAL SERVICE AGREEMENTS 12
IX. CONCLUSION 13
LIST OF EXHIBITS
EXHIBIT A Legal Descriptions
EXHIBIT B Vicinity Map
EXHIBIT C District Boundaries Map
EXHIBIT D Primary Infrastructure Plan
EXHIBIT E Map Depicting Public Improvements
EXHIBIT F Financial Plan
EXHIBIT G Statutory Considerations
• •
• I. INTRODUCTION
A. Purpose and Intent.
The Waterfront at Foster Lake Metropolitan District Nos. 1, 2 and 3 (the
"Districts") are independent,units of local government, separate and distinct from the County,
and, except as may otherwise be provided for by State or local law or this Service Plan, their
activities are subject to review by the County only insofar as they may deviate in a material
matter from the requirements of this Service Plan. This Service Plan is submitted in accordance
with Part 2 of the Special District Act (Section 32-1-201 et seq., C.R.S.) and defines the powers
and authorities of, as well as the limitations and restrictions on the Districts. It is intended that
the Districts will provide a part or all of the Public Improvements necessary and appropriate for
the development of a project within the County to be known as Waterfront at Foster Lake. The
Public Improvements will be constructed for the use and benefit of all anticipated residents,
property owners and taxpayers of the Districts. The primary purposes of the Districts will be to
plan, design, acquire, construct, install, finance, receive reimbursement for, own, operate,
maintain, relocate and/or redevelop the Public Improvements.
The Districts are also being created to provide ongoing operations and
maintenance of certain of the Public Improvements, as more specifically set forth in this Service
Plan. This Service Plan has been prepared in accordance with Article XIV of Chapter 2 of the
County Code.
• II. DEFINITIONS
In this Service Plan, the following terms shall have the meanings indicated below, unless
the context hereof clearly requires otherwise:
Aggregate Mill Levy Cap: means the maximum aggregate mill levy any District is
permitted to impose for payment of Debt and operations and maintenance functions
related to District Activities, as set forth in Section VI.G below.
Approved Development Plan: means a development plan or other process established by
the County for identifying, among other things, Public Improvements necessary for
facilitating development for property within the Service Area as approved by the County
pursuant to the County Code.
Board: means the Board of Directors of one District, or the Boards of Directors of all
Districts, as is contextually appropriate.
BOCC: means the Board of County Commissioners of the County of Weld, Colorado.
Debt: means bonds or other financial obligations not subject to annual appropriation for
the payment of which a District has promised to impose, collect and pledge an ad
valorem property tax mill levy or other rates, tolls, fees and charges available to a
District.
• County: means the County of Weld, Colorado.
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•
• County Code: means the Weld County Code, as the same may be amended from time to
time.
District: means District No. 1, District No. 2 or District No. 3.
District Activities: means any and all functions undertaken by the Districts in accordance
with this Service Plan and as permitted under applicable law in order to effectuate the
purposes for which the Districts are organized.
District Boundaries: means the initial boundaries of each of the Districts as described in
Exhibit A and as depicted in the District Boundaries Map.
District Boundaries Map: means the map attached hereto as Exhibit C, depicting the
initial boundaries of each of the Districts.
District No. 1: means the Waterfront at Foster Lake Metropolitan District No. 1, the
boundary of which is designated as "R-1" on the District Boundaries Map.
District No. 2: means the Waterfront at Foster Lake Metropolitan District No. 2, the
boundary of which is designated as "R-2" on the District Boundaries Map.
District No. 3: means the Waterfront at Foster Lake Metropolitan District No. 3, the
boundary of which is designated as "C" on the District Boundaries Map.
• Districts: means District Nos. 1 through 3, collectively.
External Financial Advisor: means a consultant that: (1) advises Colorado governmental
entities on matters relating to the issuance of securities by Colorado governmental
entities, including matters such as the pricing, sales and marketing of such securities and
the procuring of bond ratings, credit enhancement and insurance in respect of such
securities; (2) shall be an underwriter, investment banker, or individual listed as a public
finance advisor in the Bond Buyer's Municipal Market Place; and (3) is not an officer or
employee of any District.
Financial Plan: means the Financial Plan described in Section VI which has been
prepared by an External Financial Advisor in accordance with the requirements of the
County Code and describes (a) how the Public Improvements are planned to be financed;
(b) how the Debt is expected to be incurred; and (c) the proposed sources of revenue and
projected expenses of the Districts.
LPWD: means the Longs Peak Water District, a quasi-municipal corporation and
political subdivision of the State.
Map Depicting Public Improvements: means the map or maps attached hereto as Exhibit
E, showing the location of the Public Improvements listed in the Primary Infrastructure
Plan.
•
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Maximum Debt Mill Levy: means the maximum mill levy any of the Districts is
•
permitted to impose for payment of Debt as set forth in Section VI.C below.
Maximum Debt Mill Levy Imposition Term: means the maximum term for imposition of
a mill levy as set forth in Section VI.D below.
Maximum Net Effective Interest Rate: means the maximum net effective interest rate
applicable to any issuance of Debt, which is fifteen percent (15%) under this Service
Plan.
Maximum Underwriting Discount: means the maximum underwriter's discount
applicable to any issuance of Debt, which is five percent (5%) under this Service Plan.
Primary Infrastructure Plan: means the Primary Infrastructure Plan described in Section
V.B. and attached hereto as Exhibit D, which includes: (a) a list of the Public
Improvements to be developed by the Districts; and (b) an estimate of the cost of the
Public Improvements.
Project: means the development or property commonly referred to as Waterfront at
Foster Lake within the County.
Public Improvements: means a part or all of the improvements authorized to be planned,
designed, acquired, constructed, installed, relocated, redeveloped, financed, operated
• and/or maintained as generally described in the Special District Act, except as
specifically limited in Section V below, and intended to serve the future taxpayers and
residents of the Service Area as determined by the Boards.
Service Area: means the property within and without the District Boundaries Map that
may legally be served by the Districts.
Service Plan: means this service plan for the Districts as approved by the BOCC.
Service Plan Amendment: means an amendment to this Service Plan approved from time
to time by the BOCC, in accordance with the Special District Act and the County Code.
Special District Act: means Section 32-1-101, et seq., of the Colorado Revised Statutes,
as amended from time to time.
State: means the State of Colorado.
SVSD: means the St. Vrain Sanitation District, a quasi-municipal corporation and
political subdivision of the State.
TABOR: means Article 10 Section 20 of the Colorado Constitution.
Total Debt Issuance Limitation: means the total Debt the Districts are authorized to
• issue, as set forth in Section V.A.6 and as supported by the Financial Plan.
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•
A. Multiple District Structure.
•
It is anticipated that the Districts, collectively, will undertake the financing of the
Public Improvements. The nature of the functions and services to be provided by the Districts
may be clarified and set forth in one or more intergovernmental agreements ("IGAs") between
and among the Districts. All such IGAs will be designed to help assure the orderly development
of the Public Improvements in accordance with the requirements of this Service Plan. The IGAs
may be amended from time to time by mutual agreement of the Districts in order to best serve
the evolving needs of the Project, and without the need to amend this Service Plan.
Three Districts are proposed because the Project includes multiple uses, including
various types of residential product and commercial development. District Nos. 1 and 2 are
intended to include residential development and District No. 3 is intended to include commercial
development. The Districts will jointly or individually finance the Public Improvements
necessary and appropriate for the Project.
B. Needs Analysis/Basis for Statutory Findings
In order to establish compliance with the standards for Service Plan approval as
set forth in Section 32-1-203, C.R.S., Exhibit G attached hereto provides a needs analysis for the
Districts.
C. District Functions Generally
• The Districts shall be authorized to fund the District Activities from the proceeds
of Debt to be issued by the Districts, and from other legally available revenues. All Debt
payable from a pledge of property taxes is subject to the Total Debt Issuance Limitation,
Maximum Debt Mill Levy, and Maximum Debt Mill Levy Imposition Term. Debt issued within
these parameters and pursuant to the provisions of this Service Plan will protect property owners
from excessive tax burdens to support the servicing of such Debt and also will result in a timely
and reasonable discharge thereof.
The Districts expect and are authorized to own, operate and maintain certain
Public Improvements not dedicated to the County or other governmental entities, the scope of
which shall include, but not necessarily be limited to street improvements located within the
Project. Certain other Public Improvements will be dedicated to the County, or in the case of
water and sanitation improvements to the Longs Peak Water District ("LPWD") and the St.
Vrain Sanitation District ("SVSD"), respectively, according to the requisite procedures for each
specific entity (including but not limited to applicable standards related to construction).
Determination of both the scope and manner in which specific Public Improvements will be
dedicated to the County, LPWD, SVSD, and/or other governmental entities will be the subject of
specific agreements among the interested parties. Further detail on operations and maintenance
of certain Public Improvements is discussed below.
The County shall have and will exercise sole and exclusive jurisdiction over land
use and building, e.g. zoning, subdivision, building permit issuance, and property development
• within the boundaries of the Districts. Construction of the Public Improvements shall be subject
4
• to applicable provisions of the County Code and regulations of other governmental entities
having jurisdiction.
III. BOUNDARIES
The area of the District Boundaries consists of approximately 587 acres, and covers all
acreage within the Project. A legal description of the District Boundaries is attached hereto as
Exhibit A and a vicinity map is attached hereto as Exhibit B. The District Boundaries Map is
attached hereto as Exhibit C (District No. 1 is designated as area "R-1" therein, District No. 2 is
designated as area "R-2" therein, and District No. 3 is designated as area "C" therein).
It is anticipated that the Districts' boundaries may change from time to time as they
undergo inclusions and exclusions pursuant to Section 32-1-401, et seq., C.R.S., and Section 32-
1-501, et seq., C.R.S. The Districts shall be permitted to include and/or exclude property within
the Service Area without the need to amend this Service Plan. Any proposed exclusion or
inclusion of property that does not lie within the Service Area shall require forty-five (45) day
published and written notice to the County made pursuant to Section 32-1-207(3)(b), C.R.S. If
the County expresses a written objection to the proposed action, the proposed action shall be
considered a material modification of this Service Plan and shall be resolved only in accordance
with Section 32-1-207(2), C.R.S. The vote by a Board to seek exclusions or inclusions of
property not lying within the Service Area which precedes the notice to the County must occur at
a public meeting of a District for which a District has sent written notification via U.S. Mail at
least fourteen (14) days and not more than thirty (30) days in advance of such meeting to all
• electors, residents and land owners within the District. Such notice shall include the date, time
and location of the meeting, as well as a general description of the matters to be considered.
IV. PROPOSED LAND USE AND ASSESSED VALUATION
It is currently anticipated that at full build out the Project will include approximately 587
acres of mixed use development, including approximately 1,130 single family detached homes,
225 single family attached homes, 425 multi-family homes, and approximately 100,000 square
feet of commercial space. All residential units within the Project will be included in either
District No. 1 or District No. 2. The boundaries of District No. 3 shall be modified as necessary
to include all commercial uses within the Project. The current assessed valuation of the Service
Area is assumed to be $0.00 for purposes of this Service Plan and, at build out, is expected to be
sufficient to reasonably discharge the Debt proposed in the Financial Plan, at a level
approximating $45,000,000 in 2017.
Approval of this Service Plan by the County does not imply approval of the development
of a specific area within the Districts, nor does it imply approval of the number of residential
units or the total site/floor area of commercial or industrial buildings which may be identified in
this Service Plan or any of the exhibits attached hereto. Any and all development approvals are
specifically subject to further approval by the County pursuant to the County Code and other
applicable County requirements.
S
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• •
• V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES
A. Powers of the Districts and Service Plan Amendment.
The Districts shall have the power and authority to provide the Public
Improvements and undertake related District Activities within the Service Area, as such power
and authority is described in the Special District Act, and other applicable statutes, the common
law and the State Constitution, subject to the limitations set forth in this Service Plan.
If, after this Service Plan is approved, the State Legislature includes additional powers or
grants new or broader powers for Title 32 districts by amendment of the Special District Act, no
such powers shall be available to or exercised by the Districts unless the Districts publish forty-
five day notice and provide written notice to the BOCC pursuant to Section 32-1-207(3)(b),
C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to
the Districts a written objection to the proposed exercise of such new or broader power(s), then
the exercise of the same by any District without the prior written consent of the BOCC shall be
considered a material modification of the Service Plan and shall be resolved in accordance with
Section 31-1-207(2), C.R.S. The vote by a Board to obtain or utilize such additional powers
which precedes the notice to the County, must occur at a public meeting of a District for which a
District has sent written notification via U.S. Mail at least fourteen (14) days and not more than
thirty (30) days in advance of such meeting to all electors, residents and land owners within the
District. Such notice shall include the date, time and location of the meeting, as well as a general
description of the matters to be considered.
• 1. Operations and Maintenance Limitation. "Operation and maintenance"
shall refer to all District Activities necessary to maintain the Public Improvements, including but
not limited to replacement of deteriorated materials and structures (as determined by County
inspection). Specifically, the Districts shall be responsible for the operation and maintenance of
all street improvements within the Project, including but not limited to streets, curbs, gutters,
bridges, embankments, divider islands and medians, crosswalks, cross-pans and traffic signals
and signage.
The primary purpose of the Districts is to undertake the District Activities,
including the provision of the Public Improvements. The Districts shall dedicate certain Public
Improvements to the County in a manner consistent with the Approved Development Plan, other
rules and regulations of the County, applicable provisions of the County Code, and other rules
and regulations of other governmental entities having jurisdiction. In addition to the operation
and maintenance of the Public Improvements identified above, each District shall specifically be
authorized to own, operate and maintain any part or all of the Public Improvements within the
District not dedicated to the County or other appropriate jurisdictions, including LPWD and
SVSD, where it can be demonstrated that having the District be responsible for operation and
maintenance is in the best interests of the County and the residents and taxpayers of the District.
2. Longs Peak Water District and St. Vrain Sanitation District. The Districts
hereby acknowledge that LPWD will be the sole provider of water services within the Districts.
• The Districts' authorization in this regard shall be limited to the financing and construction of all
internal water improvements needed for the Project, and the financing and construction of water
6
• improvements outside the Project that are needed to connect the Districts' internal infrastructure
to LPWD's existing lines. All water improvements authorized for financing and construction by
the Districts shall be designed and constructed in accordance with LPWD's standards and shall
be conveyed to LPWD upon completion. The Districts shall not amend this Service Plan in any
manner that would affect or expand the water powers contemplated herein without the express
written consent of LPWD.
The Districts hereby acknowledge that SVSD will be the sole provider of
sanitation services within the Districts. The Districts agree not to sell any sewer taps and will not
construct, finance or otherwise provide for any sanitation treatment facility. The Districts shall
be expressly prohibited from entering into any contract with any other sanitary sewer provide,
other than SVSD, for such treatment facilities. The Districts' authorization in this regard shall be
limited to the financing and construction of all internal sanitation improvements needed for the
Project, and the financing and construction of sanitation improvements outside the Project that
are needed to connect the Districts' internal infrastructure to SVSD's existing lines.
Notwithstanding the aforesaid, the Districts' authorization with respect to the construction of
sanitation improvements outside of the Project shall be exercised only with the prior written
consent of SVSD. All sanitation improvements authorized for financing and construction by the
Districts shall be designed and constructed in accordance with SVSD's standards and shall be
conveyed to SVSD upon completion. The Districts shall not amend this Service Plan in any
manner that would affect or expand the sanitary sewer powers contemplated herein without the
express written consent of SVSD.
• 3. Construction Standards Limitation. The Districts will ensure that the
Public Improvements are designed and constructed in accordance with the standards and
specifications of the County and of other governmental entities having proper jurisdiction, as
applicable. The Districts will obtain approval of civil engineering plans and permits for
construction and installation of Public Improvements from the County, or other appropriate
governing jurisdictions. All Public Improvements constructed by the Districts for dedication to
the County will be subject to review,monitoring and inspection by the County.
4. Privately Placed Debt Limitation. Prior to the issuance of any privately
placed Debt, a District shall obtain the certification of an External Financial Advisor
substantially as follows:
We are [I am] an External Financial Advisor within the meaning of
the District's Service Plan.
We [I] certify that (1) the net effective interest rate (calculated as
defined in Section 32-1-103(12), C.R.S.) to be borne by the
District for the [insert the designation of the Debt] does not exceed
a reasonable current [tax-exempt] [taxable] interest rate, using
criteria deemed appropriate by us [me] and based upon our [my]
analysis of comparable high yield securities; and (2) the structure
of [insert designation of the Debt], including maturities and early
• redemption provisions, is reasonable considering the financial
circumstances of the District.
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5. Initial Debt Limitation. Prior to the effective date of approval of an
• Approved Development Plan relating to development within the Service Area, the Districts shall
not: (a) issue any Debt; (b) impose a mill levy for the payment of Debt by direct imposition or by
transfer of funds from the operating fund to the Debt service funds; or (c) impose and collect any
fees used for the purpose of repayment of Debt.
6. Total Debt Issuance Limitation. The maximum outstanding Debt of the
Districts shall not exceed $28,000,000 without the approval of the County. The Districts shall
not issue Debt in excess of$28,000,000 in the aggregate, provided that the foregoing shall not
include the principal amount of Debt issued for the purpose of refunding or refinancing Debt
lawfully issued by any District. To the extent the Districts seek to modify the Total Debt
Issuance Limitation set forth herein, it shall proceed in accordance with Section 2-14-20O) of the
County Code.
7. Monies from Other Governmental Sources. The Districts shall not apply
for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds
available from or through governmental or non-profit entities for which the County is eligible to
apply for, except pursuant to an intergovernmental agreement with the County. This Section
shall not apply to specific ownership taxes which shall be distributed to and a revenue source for
the Districts without any limitation.
8. Eminent Domain Limitation. No District shall exercise its statutory power
of eminent domain, except as may be necessary to construct, install, access, relocate or redevelop
the Public Improvements identified in the Primary Infrastructure Plan. Any use of eminent
domain shall be undertaken strictly in compliance with State law. Any proposed use of eminent
domain for a purpose other than as may be necessary to complete the Public Improvements
identified in the Primary Infrastructure Plan shall require forty-five (45) day notice publication
and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five
days of the publication of such notice, the BOCC expresses to the District a written objection to
the proposed use of eminent domain by the District, then the proposed use of eminent domain
shall be considered a material modification of the Service Plan and shall be resolved in
accordance with Section 31-1-207(2), C.R.S. The vote by a Board exercise the District's power
of eminent domain which precedes the notice to the County, must occur at a public meeting of a
District for which a District has sent written notification via U.S. Mail at least fourteen (14) days
and not more than thirty (30) days in advance of such meeting to all electors, residents and land
owners within the District. Such notice shall include the date, time and location of the meeting,
as well as a general description of the matters to be considered.
9. Service Plan Amendment Requirement. This Service Plan is general in
nature and does not include specific detail in some instances because development plans have not
been finalized. The Service Plan has been designed with sufficient flexibility to enable the
Districts to provide the Public Improvements and the related operation and maintenance
functions identified herein without the need for numerous amendments. Modification of the
general types of services and facilities making up the Public Improvements, and changes in
proposed configurations, locations or dimensions of the Public Improvements shall be permitted
to accommodate the development needs of the Project, consistent with the then-current
Approved Development Plan(s). Actions of the Districts that violate the limitations set forth
8
• •
herein shall be deemed to be material modifications to this Service Plan and the County shall be
• entitled to all remedies available under State and local law to enjoin such actions.
B. Primary Infrastructure Plan.
The Primary Infrastructure Plan, including: (1) a list of the Public Improvements
to be constructed or acquired by the Districts; and (2) an estimate of the cost of the Public
Improvements is attached hereto as Exhibit D. The Map Depicting Public Improvements is
attached hereto as Exhibit E. In accordance with Section 2-14-20(L) of the County Code, the
Map Depicting Public Improvements shall be provided to the County in (at minimum) 24" x 36"
format. The Map Depicting Public Improvements may be reduced as necessary to permit filing
of the approved Service Plan with the District Court for and in Weld County, Colorado.
As shown in the Primary Infrastructure Plan, the estimated cost of the Public
Improvements which may be planned for, designed, acquired, constructed, installed, relocated,
redeveloped, maintained or financed by the Districts is approximately $55,000,000, including
approximately $13,200,000 in offsite Public Improvements and approximately $41,800,000 in
onsite Public Improvements.
The Districts shall be permitted to allocate costs between such categories of the
Public Improvements as deemed necessary in their discretion.
All of the Public Improvements described herein will be designed in such a way
as to assure that the Public Improvements standards will be compatible with those of the County
and shall be in accordance with the requirements of the Approved Development Plan. All
descriptions of the Public Improvements, and their related costs, are estimates only and are
subject to modification as engineering, development plans, economics, the County's
requirements, and construction scheduling may require. Upon approval of this Service Plan, the
Districts will continue to develop and refine the Primary Infrastructure Plan and the Map
Depicting Public Improvements, as necessary, and prepare for issuance of Debt. All cost
estimates will be inflated to then-current dollars at the time of the issuance of Debt and
construction. All construction cost estimates contained in Exhibit D assume construction to
applicable local, State or Federal requirements.
VI. FINANCIAL PLAN
A. General.
The Districts shall be authorized to undertake the District Activities from any
legally available revenues, including but not limited to the proceeds of Debt to be issued by the
Districts. The Financial Plan for the Districts shall be to issue such Debt as the Districts can
reasonably pay from time to time within the Maximum Debt Mill Levy Imposition Term from
revenues derived from the Maximum Debt Mill Levy and other legally available revenues. The
total Debt that the Districts shall be permitted to issue shall not exceed the Total Debt Issuance
Limitation and shall be permitted to be issued on a schedule and in such year or years as the
Districts determine shall meet the needs of the Project and phased to serve development as it
occurs. All Debt issued by the Districts may be payable from any and all legally available
revenues of the Districts, including general ad valorem taxes to be imposed upon all taxable
9
• property within the Districts. The Districts will also rely upon various other revenue sources
authorized by law. These will include the power to assess fees, rates, tolls, penalties, or charges
as provided in Section 32-1-1001(1), C.R.S., as amended from time to time.
The Total Debt Issuance Limitation is supported by the Financial Plan prepared
by Piper Jaffray & Co., attached hereto as Exhibit F. The Financial Plan attached to this Service
Plan satisfies the requirements of Section 2-14-20(I) of the County Code. The Financial Plan
provides an illustration of the manner in which the Public Improvements and other District
Activities maybe financed; however, the final terms of such financing shall be determined by the
Boards subject to the parameters set forth in this Service Plan.
B. Maximum Net Effective Interest Rate and Maximum Underwriting Discount.
The interest rate on any Debt is expected to be the market rate at the time the Debt
is issued, but the interest rate shall not exceed the Maximum Net Effective Interest Rate. The
underwriting discount on any Debt shall not exceed the Maximum Underwriting Discount. Debt,
when issued, will comply with all relevant requirements of this Service Plan, and State and
Federal law then applicable to the issuance of public securities.
C. Maximum Debt Mill Levy.
The "Maximum Debt Mill Levy" shall be the maximum mill levy any District is
permitted to impose upon the taxable property within the District for payment of Debt, and shall
• be fifty (50) mills; provided that if, on or after January 1, 2006, there are changes in the method
of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement;
the mill levy limitation applicable to such Debt may be increased or decreased to reflect such
changes, such increases or decreases to be determined by the Board in good faith (such
determination to be binding and final) so that to the extent possible, the actual tax revenues
generated by the mill levy, as adjusted for changes occurring after January 1, 2006, are neither
diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in
the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method
of calculating assessed valuation.
D. Maximum Debt Mill Levy Imposition Term.
A District shall not impose a levy for repayment of any and all Debt (or use the
proceeds of any mill levy for repayment of Debt) on any property which exceeds thirty (30)
years after the year of the initial imposition of such mill levy to such property unless the Board
has voted in favor of a refunding of a part or all of the Debt and such refunding will result in a
net present value savings as set forth in Section 11-56-101, C.R.S. et seq.
The Districts shall be limited to issuing new Debt within a period of fifteen (15)
years following the year in which the Districts conduct their initial debt authorization election.
The Districts may issue Debt after the fifteen (15) year period in order to finance the Public
Improvements outlined in this Service Plan if development phasing is of a duration that makes it
impracticable to issue all Debt within said period.
•
10
E. Debt Repayment Sources.
•
Each of the Districts may impose a mill levy on taxable property within their
respective boundaries as a primary source of revenue for repayment of debt service and for
operations and maintenance of certain Public Improvements, including but not limited to street
improvements located within the Project. The Districts may also rely upon various other revenue
sources authorized by law. At the Districts' discretion, these may include the power to assess
fees, rates, tolls, penalties, or charges as provided in the Special District Act. In no event shall
the mill levy in any District exceed the Aggregate Mill Levy Cap, the Maximum Debt Mill Levy,
or the Maximum Debt Mill Levy Imposition Term, as specifically set forth in this Service Plan.
F. Security for Debt.
The Districts shall not pledge any revenue or property of the County as security
for the proposed Debt set forth in this Service Plan. Approval of this Service Plan shall not be
construed as a guarantee by the County of payment of any of the Districts' obligations; nor shall
anything in the Service Plan be construed so as to create any responsibility or liability on the part
of the County in the event of default by any of the Districts in the payment of any such
obligation.
G. Operating Costs of the Districts.
The estimated cost of engineering services, legal services and administrative
• services, together with the estimated costs of the Districts' organization and initial operations, are
anticipated to be $100,000, which may be eligible for reimbursement from Debt proceeds.
In addition to the capital costs of the Public Improvements, the Districts will
require operating funds for administration and to plan and cause the Public Improvements to be
operated and maintained. The first year's operating budget for each District is anticipated to be
derived from property taxes and other revenues, and are estimated as follows: (1) $40,000 for
District No. 1; (2) $20,000 for District No. 2; and (3) $15,000 for District No. 3.
The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the
Districts' ability to increase their respective mill levies as necessary for provision of operation
and maintenance services to taxpayers and service users located within the Service Area. The
"Aggregate Mill Levy Cap" shall be the maximum mill levy a District is permitted to impose
upon the taxable property within that District for payment of Debt and operations and
maintenance functions, and shall be sixty-five (65) mills; provided that if, on or after January 1,
2006, there are changes in the method of calculating assessed valuation or any constitutionally
mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be
increased or decreased to reflect such changes, such increases or decreases to be determined by
the Board in good faith(such determination to be binding and final) so that to the extent possible,
the actual tax revenues generated by the mill levy, as adjusted for changes occurring after
January 1, 2006, are neither diminished nor enhanced as a result of such changes. For purposes
of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed
to be a change in the method of calculating assessed valuation. Although a mill levy imposed by
• a District for operations and maintenance may exceed fifteen (15) mills as part of the Aggregate
I1
Mill Levy Cap, at no time shall the debt service mill levy of any District exceed the Maximum
• Debt Mill Levy.
H. Elections.
The Districts will call elections on the questions of organizing the Districts,
electing the initial Boards, and setting in place the proposed financial structure as required by
TABOR. The election will be conducted as provided in the Uniform Election Code of 1992, the
Municipal Election Code, and TABOR. In accordance with Section 2-14-20(J) of the County
Code,proposed ballot questions will be submitted to the County no later than August 1, 2007.
VII. CONSOLIDATION
After all Debt has been issued by the Districts and adequate provision has been made for
payment of all Debt of the Districts, the electorates of District Nos. 1 and 2 will have the
opportunity to consider the consolidation of District Nos. 1 and 2 into a single entity, or the
dissolution of a District in accordance with State law. It is currently anticipated that District
Nos. 1 and 2 will consolidate into a single entity once the Project has been built-out and adequate
provision for repayment of Debt issued by District Nos. 1 and 2 has been made. District Nos. 1
and 2 will not consider consolidation until such time as adequate provision has been made for
operation and maintenance of the Public Improvements then-maintained by District Nos. 1 and 2.
In the event the obligation for operation and maintenance is undertaken by another party, or is
otherwise no longer the responsibility of the Districts, the County may request the Boards to
• consider dissolution. Ultimately, control of any decision to consolidate or dissolve will rest with
the respective electorate of each District.
VIII. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS
AND EXTRATERRITORIAL SERVICE AGREEMENTS
As set forth in Section II.C., it is anticipated that the Districts will enter into one or more
intergovernmental agreements ("IGAs") between and among the Districts to help assure the
orderly development of the Public Improvements in accordance with the requirements of this
Service Plan. The IGAs may be amended from time to time by mutual agreement of the Districts
in order to best serve the evolving needs of the Project, and without the need to amend this
Service Plan.
It is intended that the IGAs will address the methods under which the Districts will agree
to (1) design, construct, acquire, install or otherwise provide the Public Improvements, (2)
provide for the continued operation and maintenance of the street improvements installed within
the Service Area, and (3) coordinate the dedication and conveyance of certain of the Public
Improvements to other governmental entities having jurisdiction, including but not limited to the
County, SVSD, and LPWD. It is also currently anticipated that the Districts may enter into an
intergovernmental agreement(s) or other agreement(s) with LPWD and/or SVSD.
Any and all intergovernmental agreements not expressly contemplated herein shall
. require forty-five (45) day notice publication and written notice to the County pursuant to
Section 32-1-207(3)(b), C.R.S. If the County expresses written objection to the proposed action,
12
• the proposed action shall be considered a material modification of the Service Plan and shall be
resolved only in accordance with Section 32-1-207(2) C.R.S. The vote by a Board to enter into
such an intergovernmental agreement which precedes the notice to the County, must occur at a
public meeting of the District for which the District has sent written notification via U.S. mail at
least fourteen (14) days and not more than thirty (30) days in advance of such a meeting to all
electors, residents, and land owners. Such notice shall include the time, date and location of the
meeting, as well as a general description of the matters to be considered.
With the specific exception of facilities to be constructed outside the boundaries of the
Districts and which are necessary for the development of the Project and are set forth as part of
the Primary Infrastructure Plan, the Districts may only provide services to properties outside the
Districts' Service Area pursuant to extraterritorial service agreements with the written consent of
the BOCC. Any extraterritorial service agreements entered into by a District that are not
described in this Service Plan shall require forty-five (45) day notice publication and written
notice to the County pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of
the publication of such notice, the County expresses to the District a written objection to the
proposed action, then the proposed action shall be considered a material modification of the
Service Plan and shall be resolved only in accordance with Section 32-1-207(2), C.R.S. The
vote by a Board to enter into such an extraterritorial agreement which precedes the notice to the
County, must occur at a public meeting of the District for which the District has sent written
notification via U.S. mail at least fourteen (14) days and not more than thirty (30) days in
advance of such a meeting to all electors, residents, and land owners. Such notice shall include
the time, date and location of the meeting, as well as a general description of the matters to be
• considered.
IX. CONCLUSION
It is submitted that this Service Plan for the Districts, as required by Section 32-1-203(2),
C.R.S., and Section 32-1-203(3), establishes that:
1. There is sufficient existing and projected need for organized service in the area to
be serviced by the Districts;
2. The existing service in the area to be served by the Districts is inadequate for
present and projected needs;
3. The Districts are capable of providing economical and sufficient service to the
area within their proposed boundaries;
4. The area to be included in the Districts does have, and will have, the financial
ability to discharge the proposed indebtedness on a reasonable basis;
5. Adequate service is not, and will not be, available to the area through the County
or other existing municipal or quasi-municipal corporations, including existing special districts,
within a reasonable time and on a comparable basis;
•
13
• •
• 6. The facility and service standards of the Districts are compatible with the facility
and service standards of the County and each municipality which is an interested party under
Section 32-1-204(1), C.R.S.;
7. The proposal is in substantial compliance the County's Master Plan adopted
pursuant to Section 30-28-106, C.R.S.;
8. The proposal is in compliance with any duly adopted County, regional or state
long-range water quality management plan for the area;
9. The creation of the Districts is in the best interests of the area proposed to be
served; and
10. The creation of the Districts is in the best interests of the residents and future
residents of the area proposed to be served.
Therefore, it is hereby respectfully requested that the Board of County Commissioners of
Weld County, Colorado, which has jurisdiction to approve this Service Plan by virtue of Section
32-1-204, C.R.S., et seq., as amended, adopt a resolution which approves this Consolidated
Service Plan for the Waterfront at Foster Lake Metropolitan District Nos. 1, 2 and 3, as
submitted.
•
•
14
• EXHIBIT A
Legal Descriptions
District No. 1:
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 27 AND
THE NORTH HALF OF SECTION 34, ALL IN TOWNSHIP 3 NORTH, RANGE 68
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34 WHENCE
THE NORTH ONE-QUARTER CORNER OF SAID SECTION 34 BEARS NORTH
89°07'33" EAST 2566.17 FEET, SAID LINE FORMING THE BASIS OF BEARING
FOR THIS DESCRIPTION; THENCE ALONG THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 34 NORTH 89°07'33" EAST 30.01
FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD NO. 7 AND THE POINT OF BEGINNING;
THENCE ALONG SAID EAST RIGHT-OF-WAY LINE AND ALONG A LINE 30.00
FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST
QUARTER OF SECTION 27, NORTH 00°22'25" WEST 2654.12 TO A POINT ON
THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 27 FEET;
• THENCE ALONG SAID NORTH LINE NORTH 89°04'53" EAST 1354.30 FEET;
THENCE SOUTH 06°51'09" WEST 266.98 FEET; THENCE SOUTH 30°38'53" EAST
445.00 FEET; THENCE SOUTH 42°21'07" WEST 219.00 FEET; THENCE SOUTH
23°06'07" WEST 660.00 FEET; THENCE SOUTH 24°53'53" EAST 700.00 FEET;
THENCE NORTH 88°51'07" EAST 454.00 FEET; THENCE SOUTH 60°53'53" EAST
385.00 FEET; THENCE NORTH 86°21'07" EAST 178.52 FEET; THENCE SOUTH
75°00'00" EAST 155.32 FEET; THENCE SOUTH 00°24'02" WEST 89.26 FEET;
THENCE SOUTH 85°38'17" EAST 582.71 FEET; THENCE NORTH 65°31'22" EAST
315.60 FEET; THENCE NORTH 52°0424" EAST 339.15 FEET; THENCE NORTH
50°39'42" EAST 213.85 FEET; THENCE NORTH 21°19'16" EAST 257.83 FEET;
THENCE NORTH 00°31'12" WEST 298.26 FEET; THENCE NORTH 14°21'24" WEST
244.37 FEET; THENCE NORTH 12°34'51" WEST 588.61 FEET; THENCE NORTH
43°15'27" EAST 134.45 FEET; THENCE NORTH 51°34'02" EAST 332.64 FEET;
THENCE NORTH 41°59'02" EAST 419.65 FEET TO A POINT ON THE NORTH
LINE OF THE SOUTHEAST QUARTER OF SECTION 27; THENCE ALONG SAID
NORTH LINE, NORTH 89°04'53" EAST 472.67 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF INTERSTATE 25; THENCE ALONG SAID WEST
RIGHT-OF-WAY LINE SOUTH 00°06'27" WEST 2577.68 FEET; THENCE SOUTH
85°59'05" WEST 456.95 FEET; THENCE SOUTH 89°07'10" WEST 214.69 FEET;
THENCE SOUTH 00°52'50" EAST 30.00 FEET; THENCE NORTH 89°07'10" EAST
670.00 FEET; THENCE SOUTH 00°00'41" EAST 25.00 FEET; THENCE SOUTH
89°07'10" WEST 492.80 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
• LEFT (SAID CURVE HAVING A RADIUS OF 800.00 FEET, A CENTRAL ANGLE
OF 66°08'08" AND A CHORD WHICH BEARS SOUTH 56°03'06" WEST 873.01), A
DISTANCE OF 923.43; THENCE SOUTH 22°59'02" WEST 338.11 FEET; THENCE
•
ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A
RADIUS OF 700.00 FEET, A CENTRAL ANGLE OF 89°55'40" AND A CHORD
WHICH BEARS SOUTH 67°56'52" WEST 989.33), A DISTANCE OF 1098.67;
THENCE NORTH 67°05'18" WEST 1517.51 FEET; THENCE ALONG THE ARC OF
A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 2225.00 FEET,
A CENTRAL ANGLE OF 14°33'24" AND A CHORD WHICH BEARS NORTH
59°48'36" WEST 563.77), A DISTANCE OF 565.29; THENCE NORTH 52°31'54"
WEST 143.34 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT
(SAID CURVE HAVING A RADIUS OF 700.00 FEET, A CENTRAL ANGLE OF
38°20'33" AND A CHORD WHICH BEARS NORTH 71°42'10" WEST 459.75), A
DISTANCE OF 468.44; THENCE SOUTH 89°01'32" WEST 141.15 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THERE FROM THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION
34, WHENCE THE NORTHWEST CORNER OF SAID SECTION 34 BEARS SOUTH
89°07'33" WEST, A DISTANCE OF 2566.17 FEET, SAID LINE FORMING THE
BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE WEST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34, SOUTH 00°35'07"
EAST, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE ALONG A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH THE
•
NORTH LINE THE NORTHWEST QUARTER OF SAID SECTION 34 NORTH
89°07'33" EAST, A DISTANCE OF 0.15 FEET; THE ALONG A LINE 30.00 SOUTH
OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 34 NORTH 89°07'10" EAST, A DISTANCE OF 765.29 FEET;
THENCE SOUTH 02°06'45" WEST, A DISTANCE OF 310.68 FEET; THENCE
NORTH 87°52'58" WEST, A DISTANCE OF 751.65 FEET TO A POINT ON THE
WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE
ALONG SAID WEST LINE NORTH 00°35'07" WEST, A DISTANCE OF 270.95
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 217.738 ACRES,MORE OR LESS.
District No. 2:
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 3,
TOWNSHIP 2 NORTH, RANGE 68 WEST AND SECTION 34, TOWNSHIP 3
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 34 WHENCE THE
WEST ONE-QUARTER CORNER OF SECTION 34 BEARS SOUTH 00°24'50" EAST
• 2659.16 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS
DESCRIPTION; THENCE ALONG THE NORTH LINE OF THE NORTHWEST
• QUARTER OF SAID SECTION 34 NORTH 89°07'33" EAST 30.01 FEET TO A
POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7;
THENCE ALONG SAID EAST RIGHT-OF-WAY LINE SOUTH 00°24'50" EAST
708.42 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89°59'22" EAST 788.34 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 800.00 FEET, A
CENTRAL ANGLE OF 17°03'35" AND A CHORD WHICH BEARS NORTH
20°39'30" EAST 237.32), A DISTANCE OF 238.20; THENCE NORTH 29°13'01"
EAST 110.87 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT
(SAID CURVE HAVING A RADIUS OF 2225.00 FEET, A CENTRAL ANGLE OF
07°07'18" AND A CHORD WHICH BEARS SOUTH 63°31'39" EAST 276.38), A
DISTANCE OF 276.56; THENCE SOUTH 67°05'18" EAST 1517.51 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A
RADIUS OF 700.00 FEET, A CENTRAL ANGLE OF 89°55'40" AND A CHORD
WHICH BEARS NORTH 67°56'52" EAST 989.33), A DISTANCE OF 1098.67;
THENCE NORTH 22°59'02" EAST 338.11 FEET; THENCE ALONG THE ARC OF A
CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 800.00 FEET, A
CENTRAL ANGLE OF 66°08'08" AND A CHORD WHICH BEARS NORTH
56°03'06" EAST 873.01), A DISTANCE OF 923.43; THENCE NORTH 89°07'10"
EAST 492.80 FEET; THENCE SOUTH 00°57'01" EAST 25.00 FEET; THENCE
SOUTH 89°07'10" WEST 455.00 FEET; THENCE SOUTH 00°56'56" EAST 25.00
•
FEET; THENCE SOUTH 85°51'25" EAST 456.80 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF INTERSTATE NO. 25; THENCE ALONG SAID WEST
RIGHT-OF-WAY LINE SOUTH 00°57'01" EAST 2590.28 FEET; THENCE SOUTH
00°56'51" EAST 267.75 FEET; THENCE SOUTH 13°55'35" EAST 289.41 FEET;
THENCE SOUTH 00°56'51" EAST 1025.00 FEET; THENCE SOUTH 07°07'44" EAST
325.05 FEET; THENCE SOUTH 00°56'51" EAST 494.18 FEET; THENCE SOUTH
89°03'18" WEST 66.01 FEET; THENCE NORTH 65°01'41" WEST 69.29 FEET;
THENCE SOUTH 00°04'10" WEST 339.78 FEET; THENCE SOUTH 89°47'50" WEST
567.78 FEET; THENCE SOUTH 50°06'50" WEST 440.00 FEET; THENCE SOUTH
73°04'17" WEST 1383.42 FEET; THENCE SOUTH 23°14'50" WEST 55.32 FEET TO
A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 3;
THENCE ALONG SAID WEST LINE NORTH 00°35'48" EAST 730.38 FEET TO THE
SOUTH ONE-QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, NORTH
89°54'46" WEST 520.82 FEET; THENCE NORTH 28°18'59" WEST 737.00 FEET;
THENCE NORTH 01°04'15" WEST 2033.10 FEET TO A POINT ON THE NORTH
LINE OF THE SOUTHWEST QUARTER OF SECTION 34; THENCE ALONG SAID
NORTH LINE NORTH 89°07'20" EAST 817.26 FEET TO THE CENTER ONE-
QUARTER CORNER OF SECTION 34; THENCE NORTH 00°34'36" WEST 1333.53
FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SECTION 34; THENCE ALONG THE NORTH LINE
OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 34 SOUTH
• 89°26'07" WEST 2540.06 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID EAST RIGHT-OF-WAY
•
LINE,NORTH 00°24'49" WEST 603.07 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 357.376 ACRES, MORE OR LESS.
District No. 3:
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION
34, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34 WHENCE
THE SOUTHWEST CORNER OF THE NORTH ONE-HALF OF THE NORTHWEST
ONE-QUARTER OF THE SAID SECTION 34 BEARS SOUTH 00°24'50" EAST
1311.57 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS
DESCRIPTION; THENCE ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 34 NORTH 89°07'33" EAST 30.01 FEET TO A
POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7
AND THE POINT OF BEGINNING;
THENCE NORTH 89°01'32" EAST 141.15 FEET; THENCE ALONG THE ARC OF A
• CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 700.00 FEET, A
CENTRAL ANGLE OF 38°20'33" AND A CHORD WHICH BEARS SOUTH
71°42'10" EAST 459.75), A DISTANCE OF 468.44; THENCE SOUTH 52°31'54"
EAST 143.34 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT
(SAID CURVE HAVING A RADIUS OF 2225.00 FEET, A CENTRAL ANGLE OF
07°26'06" AND A CHORD WHICH BEARS SOUTH 56°14'57" EAST 288.52), A
DISTANCE OF 288.73; THENCE SOUTH 29°13'01" WEST 110.87 FEET; THENCE
ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A
RADIUS OF 797.34 FEET, A CENTRAL ANGLE OF 17°07'02" AND A CHORD
WHICH BEARS SOUTH 20°39'30" WEST 237.32), A DISTANCE OF 238.21;
THENCE SOUTH 89°59'22" WEST 788.34 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 7; THENCE ALONG SAID
EAST RIGHT-OF-WAY LINE NORTH 00°24'50" WEST 708.42 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 11.891 ACRES, MORE OR LESS.
•
EXHIBIT B
• Vicinity Map
•
•
SOUTH HALF OF SECTION 27 AND THE NORTH
• HALF OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 68 WEST AND THE
NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH,
RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO.
CO ORADOHIGHWAY66IMI
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0
I EXHIBIT B
? VICINITY MAP 0 1 000 2000 4000
,+y 1900 S.SUNSET ST.,
SUITE 1-F
LONGMONT,CO 80501
• THIS EXHIBIT DOES NOT REPRESENT SCALE: 111 = 20001 MAIN:303.772.5282
ci A MONUMENTED SURVEY. IT IS ONLY FAX: 303.772.7039
k INTENDED
IPTION TO DEPICT THE ATTACHED 5-21-2007 BA 1 OF 1
DESCR
g JOB# 5161 .002.04
• EXHIBIT C
District Boundaries Map
•
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• •
• EXHIBIT D
Primary Infrastructure Plan
•
•
• •
TABLE 1
ON-SITE ESTIMATED PUBLIC IMPROVEMENT CONSTRUCTION COSTS
On-Site Costs only for the Waterfront at Foster Lake,Weld County,CO
23-May-07
• ITEM QUANTITY UNIT UNIT PRICE TOTAL
1. Items Calculated Overall
1.1 Internal Road Network
Curb and Gutter 134,022 LF $20.00 $2,680,440
Sidewalk 75,290 SY $25.00 $1,882,250
Asphalt/Base Paving 310,000 SY $20.00 $6,200,000
Soil Preparation 310,000 SY $2.00 $620,000
Storm Drainage 48,000 LF $40.00 $1,920,000
Sanitary Sewer Lines 66,000 LF $46.00 $3,036,000
Water Lines 66,000 LF $30.00 $1,980,000
Earthwork 0 CY $6.00 a
Miscellaneous Roadways-WCR 7 and WCR 28 have been moved to the Off-site Sheet-Table 2
1.0 Total Internal Street Systems $18,318,690
2.0 Recreation and Open Space Systems-Does not include arterial landscaping(See Parks and Open Space Map)
Fishing Pier/Boat Docks 1 EA $150,000.00 $150,000
Pavilion 1 EA $100,000.00 $100,000
North Pocket Park 1 LS $150,000.00 $150,000
South Pocket Park 1 LS $150,000.00 $150,000
Community Center 1 LS $1,500,000.00 $1,500,000
• Open Space 8,851,320 SF $1.50 $13,276,980
Entry Monuments 4 EA $50,000.00 $200,000
Trail System 15,900 LF $6.00 $95,400
2.0 Total Recreation and Open Space Systems $15,622,380
3.0 Non-Potable Water System Improvements(does not include cost of water rights I transfers)
Storage/Transfer Facility 3 EA $100,000.00 $300,000
Pump Stations 3 EA $250,000.00 $750,000
Miscellaneous Piping 67,000 LF $20.00 $1,340,000
3.0 Total Non-Potable Water System $2,390,000
Total Cost $36,331,070
Total Cost WI 15%Contingency $41,780,731
•
C\Documents and Settings\mcaskin\Local Settings\Temporary Internet Files\OLK65\W atedront Public Improvement Costs(Combined)052307.xls
• •
TABLE 2
•
OFF-SITE ESTIMATED PUBLIC IMPROVEMENT CONSTRUCTION COSTS
Off-Site(Oversizing)Costs only for the Waterfront at Foster Lake,Weld County,CO
21-May-07
TOTAL
ITEM/LOT BASIS QUANTITY UNIT UNIT PRICE COST
Utilities
Off-Site Sanitary Sewer Line $0
Off-Site Dry Utilities $250,000
Off-Site Water Lines and Appurtenances
18"Waterline from SH66 to WCR 28 5,280 LF $50.00 $264,000
Design-Actual+15% 1 EA $39,600.00 $39,600
Bidding 8,Construction-15% 1 EA $39,600.00 $39,600
Contingency-15% 1 EA $39,600.00 $39,600
Total Off-Site Water Improvements $382,800
Off-Site Ditch Improvements
Spillway to Foster Lake 1 EA $500,000.00 $500,000
Piping of Outlet#3 5,400 LF $100.00 $540,000
Outlet#3 Headworks 1 LS $250,000.00 $250,000
Breach Path Drop Structures 1 LS $500,000.00 $500,000
St.Vrain River Restoration 1 LS $2,500,000.00 $2,500,000
Bridges for Spillway/Breach Path 4 EA $500,000.00 $2,000,000
Design/Construction/Contingency @ 25% 1 LS $1,572,500.00 $1,572,500
Total Off-Site Ditch Improvements $7,362,500
• Off-Site Transportation Improvements
Potential Improvements(TBD by Final Traffic Report) $1,450,000
Intersection of WCR 7/SH 66
WCR 7-between WCR 28 and SH66
Signal at WCR 5.5/SH 119
WCR 26-between WCR 7 8 WCR 5.5
Pedestrian Crossing Signal at High School
Design of Transportation Facilities(assumed 10%) $145,000
Subtotal $1,595,000
Arterial Roadways,Adjacent to the Site
Weld County Road 7-
Curb and Gutter 2,700 LF $12.00 $32,400
Sidewalk 2,400 SY $25.00 $60,000
Asphalt/Base Paving 9,000 SY $20.00 $180,000
Soil Preparation 9,000 SY $2.00 $18,000
Weld County Road 28
Curb and Gutter 13,000 LF $12.00 $156,000
Sidewalk 12,000 SY $25.00 $300,000
Asphalt/Base Paving 42,000 SY $20.00 $840,000
Soil Preparation 42,000 SY $2.00 $84,000
Subtotal of Arterial Roadways $1,670,400
Subtotal of Arterial Roadways w/ 15%Contingency $1,920,960
Total Off-Site Transportation Improvements $3,515,960
Note: All cost estimates shown for transportation
Improvements do not include soft items such as
landscaping,irrigation,street lighting,fencing,entry
slgnage,bus stops,etc.Assumed In contingency
• Total Off-Sites $11,511,260
Total Cost wth 15%Contingency $13,237,949
C:\Documents and Seahgs\mcaskin\Local Settings\Temporary Internet FilestOLN65\Waterfront Public Improvement Costs(Combined)052307.xls
• •
• EXHIBIT E
Map Depicting Public Improvements
•
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$28,035,000
Waterfront at Foster Lake Metropolitan District Nos. 1 - 3
Limited Tax General Obligation Bonds
Series 2011
Sources & Uses
Sources Of Funds
Par Amount of Bonds $28,035,000.00
Total Sources $28,035,000.00
Uses Of Funds
Total Underwriter's Discount (2.000%) _ 560,700.00
Costs of Issuance 120,000.00
Deposit to Debt Service Reserve Fund 2,641,137.81
Deposit to Cayrtalized Interest(CIF)Fu_nd
Proceeds Available for Construction 24,713,162.19
Total Uses $28,035,000.00
•
Piper Jaffray & Co.
Public Finance Services
-Page 7- 5/21/2007
• EXHIBIT G
Statutory Considerations
A. There is sufficient existing and projected need for organized service in the
area to be served by the Districts. The Financing Plan and the content of this Service Plan
describe the overall development plans for the Project. The Project will require substantial Public
Improvements, totaling approximately $55,000,000 (in 2007 dollars). Although the Districts
may only finance a portion of the Public Improvements (subject to the Total Debt Issuance
Limitation of $28,000,000), the Districts provide a mechanism to ensure that the Public
Improvements are constructed on a schedule as will facilitate development within the Service
Area. A multiple district structure is proposed in order to ensure that organized service is
provided to the totality of the Project, and provides a mechanism to ensure that the varying levels
of service necessitated by commercial and residential landowners may be reasonably
accomplished. The demand for services and facilities to be provided by the Districts is
demonstrable.
B. The existing service in the area to be served by the Districts is inadequate for
the present and projected needs / adequate service through other governmental entities,
including existing special districts, will not be available within a reasonable time and on a
comparable basis. There are currently no other entities in existence in the immediate vicinity
of the Project which have the ability and/or desire to undertake the design, financing and
• construction of the Public Improvements identified in this Service Plan. It is also the
understanding of the proponents of the Districts that the County does not consider it feasible or
practicable for the County to provide the necessary services and facilities for the Project. As set
forth in the Service Plan, LPWD and SVSD will be providing water and sanitary sewer services
to the Project. However, there are no existing governmental entities that are available to
undertake the operation and maintenance of certain of the Public Improvements, including but
not limited to the street improvements within the Project. The formation of the Districts is in the
best interests of the area to be served.
C. The Districts are capable of providing economical and sufficient service to
the area within their boundaries. The proposed Districts are necessary in order to provide the
most economical and efficient means of undertaking the District Activities to serve existing and
future residents within their respective boundaries, as those boundaries may be amended from
time to time. The Financing Plan attached to this Service Plan as Exhibit F demonstrates that the
Districts will be able to provide economical and sufficient service to the Project.
D. The area to be included in the Districts has, or will have, the financial ability
to discharge the proposed indebtedness on a reasonable basis. The Financing Plan attached
to this Service Plan as Exhibit F demonstrates that the Districts will have the ability to discharge
the Total Debt Issuance Limitation of$28,000,000 on a reasonable basis and with a reasonable
debt service mill levy.
•
• •
• E. The facility and service standards of the Districts are compatible with the
facility and service standards of Weld County. This Service Plan and all other applicable rules
and regulations of the County require that the County's facility and service standards associated
with the Public Improvements be met. Therefore, the facility and service standards of the
Districts will be compatible with those of the County.
F. The proposal is in substantial compliance with any master plan adopted
pursuant to Section 30-28-106, C.R.S. /the proposal is in compliance with any duly adopted
City, County, Regional, or State long-range water quality management plan for the area.
The Service Plan clearly states that all Public Improvements must be constructed in accordance
applicable ordinances, codes and regulations of the County, inclusive of the applicable Master
Plan and any Water Quality Management Plan. In addition, the Service Plan requires that water
and sanitary sewer Public Improvements be installed in accordance with applicable regulations
of LPWD and SVSD. The Service Plan also states that the County has exclusive jurisdiction
over all property development issues within the boundaries of the Districts.
G. The creation of the proposed special districts will be in the best interests of
the area proposed to be served. The Service Plan establishes that the creation of the Districts is
in the best interests of the area to be served. A multiple district structure is merited given the
varying land uses within the project — namely commercial and a mix of residential uses. The
Districts provide a mechanism to coordinate the funding, acquisition and construction of certain
off-site and on-site Public Improvements required for successful build-out of the Project, as more
• particularly identified in the Primary Infrastructure Plan. In addition, following formation, the
Districts will constitute quasi-municipal corporations vested with the ability to undertake the
operation and maintenance of certain of the Public Improvements within the Project not
dedicated to the County, LPWD or SVSD. For that reason, the formation of the Districts will
support the maintenance of public infrastructure serving the Project over the long term, a benefit
accruing to future residents and taxpayers of the Districts as well as the County generally.
•
• •
RE: SERVICE PLAN-WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NOS. 1, 2,
AND3
PAGE 1
• RESOLUTION
RE: ACCEPTANCE OF FILING OF SERVICE PLAN, REFERRAL TO WELD
COUNTY PLANNING COMMISSION FOR STUDY AND
RECOMMENDATION, AND SET HEARING DATE FOR CONSIDERATION -
WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NOS. 1, 2,
AND 3.
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, the Service. Plan for the Waterfront at Foster Lake Metropolitan District
Nos. 1, 2, and 3, has been received by the Clerk to the Board from counsel for the proposed
Metropolitan Districts, Grimshaw & Harring, P.C., 1700 Lincoln Street, Suite 3800, Denver,
Colorado 80203, for filing with, and consideration by, the Board of County Commissioners, and
WHEREAS, Section 32-1-204(2), C.R.S., requires that the Service Plan be delivered to
the Weld County Planning Commission for study and recommendation to the Board of County
Commissioners, such recommendation to be received by the Board within thirty (30) days after
the filing of the Service Plan, and
• WHEREAS, the Board deems that the date of filing should be commensurate with the
date of this Resolution, in order to allow enough time for referrals of the Service Plan to
appropriate agencies for comment prior to the public hearing before the Planning Commission,
and
WHEREAS, the Board of County Commissioners deems it advisable to accept the filing
of the Service Plan as of June 6, 2007, and to refer it to the Weld County Planning Commission
for a hearing to be held on July 17, 2007, with study and recommendation to be received by the
Board from Planning Commission prior to July 23, 2007, pursuant to the proposed schedule
recommended by the applicant, which schedule waives the thirty-day requirement, and
WHEREAS, the Board of County Commissioners deems it advisable to set a public
hearing date for its consideration of said Service Plan, said hearing date to be August 8, 2007, at
9:00 a.m., and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the filing of said Service Plan be, and hereby is, accepted.
BE IT FURTHER RESOLVED that said Service Plan be, and hereby is, referred to the
Weld County Planning Commission for study and recommendation back to the Board of County
Commissioners, such recommendation to be received by the Board prior to July 23, 2007.
•
RE: SERVICE PLAN-WATERFRONT AT FOSTER LAKE METROPOLITAN DISTRICT NOS. 1, 2,
AND3
PAGE 2
• BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the public hearing for consideration of the Waterfront at Foster Lake Metropolitan
District Nos. 1, 2, and 3, be, and hereby is, August 8, 2007, at 9:00 a.m.
BE IT FURTHER RESOLVED by the Board of County Commissioners that the
organizers of the proposed Metropolitan Districts have paid the required statutory filing fee of
$500.00 to the Clerk to the Board.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day June, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY: David E. Long, Chair
Deputy Clerk to the Board
• William H. Jerke, Pro-Term
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
William F. Garcia
Date of signature:
Douglas Rademacher
•
S . STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS '.9°0.
DIVISION OF LOCAL GOVERNMENT R�
r5 �`� °o
Local Government Services •
*i` G`,� n
1313 Sherman Street,Suite 521 *dos*
Denver,Colorado 80203
Phone: (303)866-2156 Bill Ritter,Jr.
Governor
FAX: (303)866-4819
TDD: (303)866-5300 Susan E.IGrkpalrick
Executive Director
NOTICE OF FILING OF SPECIAL DISTRICT SERVICE PLAN
Pursuant to CRS 32-1-202(1), the County Clerk and Recorder shall notify the Division of Local
Government within five days after the filing of a service plan for the formation of a new special
district. •Please provide the information indicated and return this form to the Division of Local
Government.
WATERFRONT AT FOSTER LAKE •
METROPOLITAN DISTRICT NOS. 1-3 MAY 31, 2007
Name of Proposed District Filing Date
•
METROPOLITAN DISTRICT AUGUST 8, 2007
Type of District Proposed Date of Hearing
915 10th STREET
9:00 A.M GREELEY, CO 80631 -
Time of Hearing Location of Hearing
GRIMSHAW &. EARRING, •P.C.
ATTN: MARCUS A. MCASKIN (303) 839-3800
Contact Person Filing Service PlanPhone
WELD COUNTY
County Receiving Service Plan
MAY 31, 2007
Clerk and Recorder Date
FORM DLG-60
Revised 6/02
• •
• • Page 1 of 2
• Linda Sweetman-King
From: Rob Fleck [rob@stsan.com]
Sent: Thursday, May 10, 2007 3:14 PM
To: Linda Sweetman-King
Subject: RE: Waterfront at Foster Lake-Service Agreement
The requested changes have been sent to the board. The board meeting is next
week. The one change that was not recommended for approval was the verbiage
about "who benefit by such" in paragraph 10. And change the e to a y in the
second sentence in paragraph 10 in the word reasonable.
Sincerely,
Robert Fleck
District Engineering/Project Manager
St. Vrain Sanitation District
11307 Business Park Circle
Firestone, Colorado 80504
Rob@stsan.com
303-776-9570
303-682-4681
fax 303-485-1968
Original Message
From: Linda Sweetman-King [mailto:Isk@terravisionsllc.com]
Sent: Thursday, May 10, 2007 2:54 PM
To: Rob Fleck
Cc: Lauren Balsley; Cathy Leslie
Subject: Waterfront at Foster Lake - Service Agreement
Rob: Have you had a chance to review the draft of the agreement? When may I expect your
comments? Will we still be able to make your board meeting with a draft of the agreement?
TKS,
LSK
Sincerely,
Linda Sweetman-King
'1"erraVisions,
1745 Shea Center Drive
Suite 310
Highlands Ranch,CO 80129
O: 303.468.6700
F: 303.468.6705
• C: 303.472.7862
1sk@tcrravisionsllc.com
5/16/2007
• • Page 1 of 1
• Linda Sweetman-King
From: Linda Sweetman-King
Sent: Wednesday, May 02, 2007 4:59 PM
To: rob@stsan.com
Cc: 'Cathy Leslie'; dkuosman@faegre.com; 'Schaub, Peter'; Lauren Balsley
Subject: FW: Anderson/St. Vrain
Rob: As you know I am working on the old Anderson farm property called Waterfront at Foster Lake. Attached is
our redline against your boiler plate of the Subdivision Service Agreement. I will call you in the morning to discuss
review and timing. The County is wanting us to have this agreement complete with you prior to our Change of
Zone submittal in May. What is the schedule for your board meetings? I'll be in touch. Thanks in advance for
your assistance on the Agreement.
Sincerely,
TerraVisions, LLC
Linda Sweetman-King
1745 Shea Center Drive#310
Highlands Ranch, CO 80129
303-468-6700 Office
303-472-7862 Cell
•
•
5/16/2007
• • Page 1 of 3
• Linda Sweetman-King
From: Linda Sweetman-King
Sent: Monday, May 07, 2007 10:32 AM
To: 'Rob Fleck'
Cc: Lauren Balsley
Subject: RE: Anderson/St.Vrain
Rob: I have attached the current lot plan for Waterfront at Foster Lake. This will visually help you to see that Jim
Anderson still owns 5 acres west of 1-25 and south of the Lake.As you recall, he came in separate for the
inclusion agreement. Would it be correct to assume that Jim will need to do a separate Service Agreement with
you for his 5 acres and therefore the legal description for my service agreement would exclude his 5 acres? If it's
easier,just call me to discuss. Thanks so much!
Sincerely,
Linda Sweetman-King
"TcrraVisions, LL,C.
1745 Shea Center Drive
Suite 310
Highlands Ranch,CO 80129
O: 303.468.6700
F: 303.468.6705
• C:: 303.472.7862
lkk(a)tcrravisirm;llc.cum
From: Rob Fleck [mailto:rob@stsan.com]
Sent: Friday, May 04, 2007 9:00 AM
To: Linda Sweetman-King
Subject: RE: Anderson/St. Vrain
For the subdivision service agreement, just include the land you will develop.
Sincerely,
Robert Fleck
District Engineering/Project Manager
St. Vrain Sanitation District
11307 Business Park Circle
Firestone, Colorado 80504
Rob@stsan.com
303-776-9570
303-682-4681
fax 303-485-1968
•
5/16/2007
• •
SUBDIVISION SERVICE AGREEMENT
•
1. PARTIES. The parties to this Subdivision Service Agreement (this "Agreement") are the ST.
VRAIN SANITATION DISTRICT ("District") and MIDWEST HERITAGE INN OF VISALIA,
INC., a North Dakota corporation and MIDWEST HERITAGE INN OF DEPTFORD, INC., a
North Dakota corporation (collectively, "Applicant").
2. RECITALS AND PURPOSES. The Applicant owns, or is in the process of purchasing,
certain real property, legally described in Exhibit A (the "Property"). Exhibit A is attached to this
Agreement and incorporated herein by this reference. The District is a special district, which
provides sanitary sewer service to its customers for which monthly service charges are made. The
Applicant desires that the District provide sanitary sewer service ("Service") within the boundaries
of the Property. The District desires to supply Service. The purpose of this Agreement is to set
forth the terms and conditions concerning the purchase of Service connections and the District's
providing such Service to the Property.
3. SUBDIVISION OF THE PROPERTY. The Applicant intends to subdivide the Property.
The Applicant has furnished the District with preliminary plans which describe the future total
development of the Property so that prior to entering into this Agreement the District could study
and consider the total development under this Agreement as it relates to future demands upon the
District for service within the entire development and the effect this may have, presently and in the
future, on the District's entire system and its obligations in regard thereto. At such time as the
Applicant obtains a final subdivision plat (the "Final Plat", or collectively, the "Final Plats") for the
• subdivision of the Property ("Subdivision"), the Applicant agrees to furnish a reproducible copy of
the Final Plat to the District. Any change or alteration in the area, size, shape, density, usages,
requirements, number of service connections or timing of development of a Subdivision that may
affect the issuance of taps pursuant to this Agreement shall first require the advance written
approval of the District. For purposes of this paragraph, the term "approval" shall only extend to
the District's review of the Applicant's proposed sanitary sewer infrastructure and other utility-
related issues within the Property, and such term shall not include any land-use issues. The
District's approval shall not be unreasonably withheld, conditioned or delayed.
4. CONDITIONAL COMMITMENT TO SELL/PURCHASE SANITARY SEWER
SERVICE
4.1 Subject to subsections (a) and (b) below, Applicant hereby applies for JTBD)
single-family residential equivalent sanitary service connections ("Connections") to the
District's sanitary sewer system for service within the Property. Subject to the terms and
conditions stated in this Agreement, the District hereby conditionally commits to sell, and
the Applicant hereby conditionally commits to purchase, such total number of taps at the
then-current plant investment fee per connection, and other applicable fees and charges
pursuant to applicable District by-laws, rules and regulations, which may be in force from
time to time (the "District's Rules and Regulations") for use solely within the boundaries of
the Property, upon the terms and conditions set forth in this Agreement.
•
tempmail.doc I
•
(a) Notwithstanding anything to the contrary contained herein, Applicant's obligations
under this Residential Subdivision Service Agreement are expressly conditioned
upon Applicant's obtaining the necessary entitlements for the Property (including,
without limitation, the Final Plat), satisfactory to Applicant in its sole discretion to
allow for Applicant's planned development of the Property.
(b) In the event the condition precedent in (a) above is not timely satisfied, then this
Residential Subdivision Service Agreement shall be deemed void ab initio and the
parties shall have no further obligations hereunder.
4.2 The Applicant acknowledges and agrees that the District's conditional commitment
is subject to the availability of the Connections at the time the Applicant wishes to purchase
such conditionally-committed Connections. Purchase of the conditionally-committed
Connections may only be made by paying in full the total amount of the plant investment
fee and other applicable fees and charges for each Connection purchased, up to the
maximum number specified above. The District represents and warrants that as of the date
of this Agreement, it has plant capacity and sufficient connections to serve [TBD]
single family residences on the Property described on Exhibit A, serve [TBD]
multi-family residences on the Property described on Exhibit A and serve approximately ten
(10) acres of commercial development on the Property described on Exhibit A.
4.3 The District makes no warranties, promises or representations that such
conditionally-committed Connections will be available for purchase or reservation due to
• limitations on its treatment capacity as determined by its plant capacity, collection system
capacity, discharge permit, and any governmental regulations or limitations. The Applicant
acknowledges and agrees that it is solely responsible for inquiring as to the availability of
Connections, and that the District is under no affirmative obligation to inform the Applicant
of any other sales or reservations, commitments, or any other events, which may limit the
District's ability to sell the conditionally-committed Connections. Applicant assumes all
risks of unavailability by not purchasing said conditionally-committed Connections.
4.4 The District's obligation to sell such conditionally committed Connections is
expressly conditioned upon the entry of an order of inclusion by the District's Board of
Directors upon the submittal by the Applicant of a petition for inclusion and the fulfillment
of all conditions of inclusion, which petition was approved by the District's Board of
Directors on March 21, 2007.
5. TERM. This Agreement shall continue in full force and effect for a period of fifteen (15)
years after the date of execution unless extended by mutual agreement by the parties in writing.
6. ACTIVATION OF TAP. All purchased Connections (taps) shall be deemed activated and
subject to the District's minimum service charges pursuant to the District's Rules and Regulations
upon payment to the District of plant investment fees and all other fees due for connection to
District facilities, which fees are set forth on Exhibit B attached hereto and incorporated herein by
this reference.
•
tempmail.doc 2
7. DESIGN SPECIFICATIONS AND CONSTRUCTION. It is agreed, as a condition
• precedent to Service, that all sewer lines and appurtenant facilities required to provide Service
within the boundaries of the Property ("Sewer Lines") and all necessary trunk lines, outfall lines
and connecting lines and appurtenant facilities within the Property that are necessary to connect
with the lines of the District as presently planned, engineered or installed ("On-site Connecting
Lines"), shall be installed at the Applicant's sole cost and expense and shall be in designed and
constructed in accordance with design and specifications as fixed by the District. The specific
design of such Sewer Lines and On-Site Connecting Lines shall be submitted for District review
and approval prior to construction, which approval shall not be unreasonably withheld, conditioned
or delayed. The Applicant agrees that the actual installation and construction of the Sewer Lines
and the On-Site Connecting Lines shall be constructed by Applicant, a metropolitan or similar
special district formed by Owner and on behalf of Owner (the "Owner's District") or a third party
who hereinafter acquires any portion of the Property (any of the foregoing are referred to as the
"Constructing Party") and shall be subject to the general, as opposed to specific, supervision,
inspection and approval by the District. The Applicant further agrees that the installation and
construction of the off-site lines and facilities, including outfall lines, connecting lines, and trunk
lines, will be constructed by the District utilizing funds provided to the District by the Applicant.
All related costs of engineering study, review, inspection and approval for both on-site and off-site
construction shall be at the sole cost and expense of, and paid by, the Constructing Party and the
Applicant, respectively. The Constructing Party further agrees to give the District, through the
District's Engineer, fourteen days advance notice prior to commencement of construction.
8. EASEMENTS. Applicant shall furnish, at Applicant's expense, any and all applicable
• easements and rights-of-way within the Property (if not dedicated to the public use on the recorded
plat) necessary for the Sewer Lines and the On-Site Connecting Lines, and all consents, permits,
licenses and other agreements necessary to effectuate the intent of this Agreement.
9. TRANSFER AND CONVEYENCE OF LINES.
9.1 Prior to conveyance, the Constructing Party shall jet-clean, pressure and vacuum
test all lines. Upon the Constructing Party's completion and the District's approval
and acceptance of the Sewer Lines and the On-Site Connecting Lines, as evidenced
by the issuance of the District's Certificate of Acceptance, the Constructing Party
shall convey and transfer all of the Constructing Party's interest and ownership in
the Sewer Lines, the On-Site Connecting Lines, and related appurtenant facilities to
the Owner's District. Thereafter, the Owner's District shall convey, transfer and
assign of all the Owner's District's interest and ownership in the Sewer Lines, the
On-Site Connecting Lines, and related appurtenant facilities to the District, free and
clear of all liens and encumbrances, and shall confirm that the work has been done
in accordance with the laws of the State of Colorado, and all other governmental
subdivisions, agencies and units and in accordance with the design standards and
requirements of the District.
9.2 The Constructing Party shall guarantee the Sewer Lines and the On-Site Connecting
Lines, as installed, against faulty workmanship and materials to the District for a
•
period of two (2) years from the date of the District's approval and acceptance of the
tempmail.doc 3
• Sewer Lines and the On-Site Connecting Lines and shall, during said period, pay
any and all actual costs and expenses of repair or replacement of the Sewer Lines
and the Connecting Lines. Pursuant to District regulations, the Constructing Party
shall post adequate security in a form acceptable to the District (e.g., bond, escrowed
funds, or letter of credit, etc.) to insure the payment of the costs and expenses of
repair or replacement during such two year period. The security, or such balance of
the security if any portion of the security is used by the District to pay for the costs
and expenses of repair or replacement, will be released or returned to the
Constructing Party at the expiration of the two year period.
9.3 Upon completion, approval, acceptance, conveyance and transfer of the Sewer
Lines and the On-Site Connecting Lines to the District, the District shall assume all
responsibility thereafter, and all costs and expenses for operation and maintenance,
except as to the above two (2)-year guarantee. The Constructing Party's completion
of the construction, the inspection, approval and acceptance by the District, the
transfer of the Sewer Lines and the On-Site Connecting Lines from the Owner's
District to the District, and the payment of all construction costs and expenses for
the Sewer Lines and the On-Site Connecting Lines required to be paid by the
Constructing Party and Applicant, as applicable, are conditions precedent to the
obligation of the District to furnish and provide Service.
10. EXTENDED AND OVERSIZED LINES.
10.1 Applicant shall be required to pay for installation of off-site trunk line extensions to
•
connect Applicant's sewer infrastructure to District facilities. District agrees to execute a
Line Extension Agreement reasonable acceptable to Applicant with the Applicant and to
reimburse the Applicant for the cost of such trunk line extension according to the terms of the
Line Extension Agreement. District further agrees to reimburse the Applicant Line extension
fee's collected from other property owners served or who benefit by such trunk line pursuant
to the Line Extension Agreement at the rate set forth therein for a period of fifteen (15) years
from and after the date of the Line Extension Agreement, but not thereafter, to pay to
Applicant for its cost but, in no event, more than the total cost of such extending or oversizing
paid the Applicant and agreed to by District upon presentation of Applicant's cost data.
10.2 If the District requires that trunk line and facilities be oversized to permit the use of
these lines and facilities by the District to serve additional lands and property in addition to
the Property of the Applicant, District agrees to reimburse the cost of such extending or
oversizing at the then-current rate of oversizing reimbursement as stated in the District's
Rules and Regulations.
10.3 In the event that no off-site trunk line extensions are required, Applicant may be
required to pay a line reimbursement fee as a condition of connecting the Property to an
existing trunk line as follows: (a) if service to the Property was included in a trunk line
extension agreement, such fees may be payable in conjunction with the payment of the
individual taps; or (b) if service to the Property was not included in an applicable trunk line
extension agreement, the Applicant shall pay all such line reimbursement fees for all taps
•
tcmpmail.doc 4
• within a filing of the Subdivision of the Property at the time of first connection within such
filing of the Subdivision as a condition of connecting to the line.
11. DISTRICT REGULATIONS. All Service provided under this Agreement shall be subject to
the District's monthly service charges and to the District's Rules and Regulations.
12. GOVERNMENTAL REGULATIONS. Any provisions of this Agreement to the contrary
notwithstanding, the obligation of the District to furnish Service under this Agreement is limited by
and subject to all orders, requirements and limitations which may be imposed by federal, state,
county or any governmental or regulatory body or agency having jurisdiction and control over the
District and/or the operation of its sanitary sewer system and treatment facilities, or discharge
permit for discharge into state waters.
13. DOCUMENTS TO BE FURNISHED. Applicant agrees to furnish District the following:
13.1 Upon execution of this Agreement, or at such time or times as may be reasonably
requested by District, a topographical survey of the Property; and
13.2 When approved by the appropriate governmental boards, commissions, or agencies,
the recorded Final Plat(s) and recorded[?] Address Plat for the Property, together with any
requirements or conditions of approval fixed by such governmental entities, together with
evidence of the Applicant's compliance or plan for compliance; and
• 13.3 Upon completion, approval, acceptance, conveyance and transfer of the Sewer Lines
and the On-Site Connecting Lines to the District:
13.3.1 "As-built" mylar maps (one full-sized and one half-sized copy), certified by
the Applicant's engineer and depicting all lines, manholes, etc. constructed, installed,
and transferred pursuant to Paragraph 9, above.
13.3.2 "As-built" AutoCad file certified by the Applicant's engineer and depicting
all parcels, subdivision boundaries, non-sewer utilities, sewer lines, manholes, etc. in
plan and profile, constructed, installed, and transferred pursuant to Paragraph 9
above.
13.3.3 A table of positions of each manhole listing latitude, longitude, and invert
elevation.
13.3.4 The bid tabulation of the installation costs for sewer line elements.
13.4 "As-built" mylar maps certified by Applicant's engineer depicting all lines,
manholes, etc. constructed, installed, and transferred pursuant to Paragraph 9 above. One
copy to be full size and the other copy one-half(1/2) size.
13.5 In the event the Property to be served under this Agreement is not the entire project
•
of Applicant as hereinabove described, Applicant shall furnish preliminary plats and plans as
lempmail.doc 5
developed by the Applicant with reference to the future total development of the entire
•
property so that prior to issuance of taps and initial installation of lines and facilities the
District may study and consider the total development under this Agreement as it may relate
to future demands upon the District for service within the entire development and the effect
this may have, presently and in the future, on the District's entire system and its obligations in
regard thereto. It is understood and agreed that a request for information as to future plans and
developments of the Applicant and the consideration of such plans by the District in
connection with its obligation to service Applicant's above described land under this
Agreement shall in no wise be construed as an agreement or obligation of District to serve
such other lands or areas proposed by the Applicant for such future development. All
information required to be furnished to District by Applicant shall be provided at Applicant's
expense.
14. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations
under this Agreement shall be excused if such delays or failure are a result of acts of God and
nature, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military
authorities, restrictions or limitations contained in any initiative approved by the voters, shortages
of labor materials, or other causes, similar or dissimilar, which are beyond the control of such party,
including any orders, requirements or limitations described in paragraph 13 above.
15. TIME OF ESSENCE. Time is expressly stated to be the essence of this Agreement and
any failure to perform the covenants and agreements herein agreed to be performed strictly at the
times designated shall operate as an immediate termination of this Agreement.
•
16. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for
convenience and reference, and are not intended in any way to define, limit, or describe the scope
or intent of this Agreement.
17. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any
reasonable additional documents and to take any reasonable additional action necessary to carry out
this Agreement.
18. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings. This
Agreement may be amended only by an instrument in writing signed by the parties. If any
provision of this Agreement is held invalid or unenforceable, no other provision shall be affected
by such holding, and all of the remaining provisions of this Agreement shall continue in full force
and effect.
19. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising
under or related to this Agreement, the parties shall use their best efforts to settle such dispute or
claim through good faith negotiations with each other. If such dispute or claim is not settled
through negotiations within 30 days after the earliest date on which one party notifies the other
party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then
the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted
• under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer
tempnuil.doc 6
• •
. in existence, or if the parties agree otherwise, then under the auspices of a recognized established
mediation service within the State of Colorado. Such mediation shall be conducted within 60 days
following either party's written request therefore. If such dispute or claim is not settled through
mediation, then either party may initiate a civil action in the District Court for Weld County.
20. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall pay
all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement
whether through legal proceedings or alternative dispute resolution pursuant to paragraph 19 above.
21. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Colorado.
22. NOTICES. Any notice required or permitted by this Agreement shall be in writing and
shall be deemed to have been sufficiently given for all purposes if sent by certified or registered
mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given
at the address set forth on the signature page below, or at such other address as has been previously
furnished in writing to the other party or parties. Such notice shall be deemed to have been given
when deposited in the U.S. Mail.
23. BINDING EFFECT; NOTICE OF ASSIGNMENT. This Agreement shall inure to the
benefit of, and be binding upon, the parties, and their respective legal representatives, successors,
and assigns as owners of the land described in Exhibit A. Any deposits, if any, which are made
pursuant to the District's reservation of connection policy and approved agreements shall be
• transferred to the credit of Applicant's assignee. Applicant shall give written notice to the District
of such assignment and shall provide the assignee with a copy of this Agreement.
24. GOVERNMENTAL IMMUNITY. Nothing in this Agreement is intended, or shall be
construed as, a waiver of any immunities provided to the District by statute or common law,
including without limitation the Colorado Governmental Immunity Act, §24-10-101, et. seq.,
C.R.S.
DATED
ST. VRAIN SANITATION DISTRICT
By
President
11307 Business Park Circle
Longmont, CO 80504
ATTESTED:
District Manager
•
tempmail.doc 7
• •
Approved As To Form:
•
District Legal Counsel
•
•
tcmpmail.doc 8
• •
• STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this of 200_,
by as President, and , as Manager of St. Vrain
Sanitation District.
Witness my hand and official seal.
My commission expires:
Notary Public
•
•
tempmail.doc 9
• •
• APPLICANT:
MIDWEST HERITAGE INN OF VISALIA,
INC., a North Dakota corporation
Address: c/o HF Holdings, LLC
1745 Shea Center Drive
Highlands Ranch, CO 80129
Attn: Darwin Horan
By
Darwin Horan, Manager of HF HOLDINGS,
LLC, a Colorado limited liability company,
Attorney-in-Fact for Gary Tharaldson,
President of Midwest Heritage Inn of Visalia,
Inc., a North Dakota corporation
MIDWEST HERITAGE INN OF
DEPTFORD, INC., a North Dakota
corporation
By
Darwin Horan, Manager of HF HOLDINGS,
LLC, a Colorado limited liability company,
Attorney-in-Fact for Gary Tharaldson,
President of Midwest Heritage Inn of
Deptford, Inc., a North Dakota corporation
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me by Darwin Horan, Manager of HF
HOLDINGS, LLC, a Colorado limited liability company, Attorney-in-Fact for Gary Tharaldson,
President of Midwest Heritage Inn of Visalia, Inc., a North Dakota corporation and Midwest
Heritage Inn of Deptford, Inc., a North Dakota corporation, this day of , 2007.
Witness my hand and official seal
My commission expires:
• Notary Public
tempmait.doc 10
II
LONGS PEAK WATER DISTRICT
SUBDIVISION SERVICE AGREEMENT
FOR
WATERFRONT AT FOSTER LAKE
1. PARTIES. The parties to this Agreement are the LONGS PEAK WATER
DISTRICT("District"), and MIDWEST HERITAGE INN OF VISALIA, INC., a North
Dakota corporation and MIDWEST HERITAGE INN OF DEPTFORD, INC., a North
Dakota corporation(collectively, "Owner"). The District and the Owner are hereinafter
referred to collectively as the Parties.
2. RECITALS AND PURPOSE. The Owner is the owner of certain property which
it desires to develop and which is referred to as Waterfront at Foster Lake
("Subdivision"). The Subdivision is within the District's service area and is described on
attached EXHIBIT A. The District is a special district organized under Colorado law
which provides domestic andg `` n water service to its customers for which monthly
service charges are made., E Own# desires that the District commit to provide water
service within the bound ai of th& ub vision for approximately residential
lot equivalent taps("RLE's"): e r all comply with all of the District's Bylaws,
Policies and Regulations as theyaerir&thereafter exist. In order for the District to
provide domestic and/or irrigation wat" iice,certain improvements to the District's
0 system(s)must be made. The Owner Ow inst ain Off-Site potable water
infrastructure to accommodate the tot er, residential units in the Subdivision;
install or participate in(via rebate or reimbutv ent a.geements described in EXHIBIT
B)certain other Off-Site potable water infra ac iolscommodate the total number of
RLE's in the Subdivision; install all required( r potale water infrastructure to
support the total demands and requirements of the Su "divis ry; and install On-Site and
Off-Site Brown Water Irrigation System infrastructure(" j' n System")to
accommodate the total number of RLE's in the SubdiviSk Ownership of the On-Site
and Off-Site potable water infrastructure improvemenconstructed on behalf of Owner
will be transferred to the District upon completion,approval of and acceptance by the
District. The District shall own and operate the Irrigation System, and ownership of all
On-Site and Off-Site Irrigation System infrastructure constructed by the Constructing
Party(as hereinafter defined)will be transferred to the District upon completion,
approval of and acceptance by the District. District policies regarding ownership and
operation of Irrigation Systems will be forthcoming. If the Owner complies with this
Agreement,then the District agrees to provide potable water service for all requested taps
under the terms and conditions set forth in this Agreement, and in accordance with the
District Bylaws,Policies and Regulations. In addition,if the Owner complies with this
Agreement,then the District agrees to provide irrigation water service for all requested
taps under the terms and conditions set forth in this Agreement, and in accordance with
the District Bylaws, Policies and Regulations, including forthcoming policies regarding
Irrigation Systems. The purpose of this Agreement is to set forth the terms and conditions
concerning the District's supplying such Water Service to the Subdivision.Accordingly,
•
the Parties agree to the following provisions in consideration of the terms, conditions, and
mutual covenants set forth herein.
NOW,THEREFORE,THE PARTIES AGREE:
3. CONSTRUCTION.
3.1 Subject to the terms and conditions set forth herein, the Owner, a
metropolitan or similar special district formed by Owner and on behalf of Owner
(the"Owner's District")or a third party who hereinafter acquires any portion of
the Property (any of the foregoing are referred to as the "Constructing Party")
shall install the On-Site and Off-Site infrastructure improvements for both the
potable water system and for the Irrigation System("Installations")pursuant to
the plans and specifications approved by the District as stated in Paragraph 3.2 of
this Agreement. The obligations and benefits to this Agreement shall run with the
land described in EXHIR T A.
ani
3.2. The Constrctmg Party shall submit plans and specifications for the
Installations to the strict approval,which approval shall not be
unreasonably withhelaMficlehet or delayed. Upon receipt of the plans and
specifications for the Insta�ttr s,4 District shall have a reasonable time
(approximately 30 days)to revie plans and specifications for approval or
• rejection. If written notice of approvalA Sgt given to the Constructing Party
within such time period,the plan8 iis ifications shall be deemed rejected;
provided,however, if the District reit*such loans and specifications,the
District agrees to provide to the Convict a the reasons for such rejection.
4 I The Constructing Party shall have the ttt % esuubmit amended plans to the
District for review. The District may impose reasonable standards for the
protection of the District. This review process shalldPnue until the plans and
specifications are approved by the District(collerpfik'ely,ihe"Approved Plans")or
until terminated by the Owner.Upon this apparal, and subject to the conditions
set forth in Paragraph 8 below,the Owner and District shall execute a Line
Extension,Participation and Rebate Agreement, a Tap Purchase Agreement, and
other such agreements (all of the above,reasonably acceptable to Owner and the
District) so as to accommodate water service to the Subdivision. The Constructing
Party shall make no modifications to the Approved Plans without the prior written
approval of the District,which approval shall not be unreasonably withheld,
conditioned or delayed.
3.3 The Constructing Party shall notify the District at least three (3)business
days preceding the date of commencing work involved on the Installations,or
replacement of the Installations,permitted hereunder. The District may inspect
the Installations or replacements during the construction thereof, as it deems
necessary to protect its interests. The right of the District to inspect the
Installations or replacements shall be solely for the benefit of the District and
shall not be deemed to be a waiver by the District to enforce the obligation of the
•
II
LONGS PEAK WATER DISTRICT
SUBDIVISION SERVICE AGREEMENT
FOR
WATERFRONT AT FOSTER LAKE
1. PARTIES.The parties to this Agreement are the LONGS PEAK WATER
DISTRICT("District"),and MIDWEST HERITAGE INN OF VISALIA, INC., a North
Dakota corporation and MIDWEST HERITAGE INN OF DEPTFORD, INC., a North
Dakota corporation(collectively, "Owner"). The District and the Owner are hereinafter
referred to collectively as the Parties.
2. RECITALS AND PURPOSE. The Owner is the owner of certain property which
it desires to develop and which is referred to as Waterfront at Foster Lake
("Subdivision"). The Subdivision is within the District's service area and is described on
attached EXHIBIT A. The Distr.nt is a special district organized under Colorado law
which provides domestic and. g n water service to its customers for which monthly
service charges are made.j1i Own 'desires that the District commit to provide water
service within the boundari of tii ub jvision for approximately residential
lot equivalent taps("RLE's")`thr0 mall comply with all of the District's Bylaws,
Policies and Re ulations as the '
g y;A "'attw ereafter exist. In order for the District to
provide domestic and/or irrigation wat ' " ice,certain improvements to the District's
• system(s)must be made. The Owner lay inst :: ain Off-Site potable water
infrastructure to accommodate the tot " er !residential units in the Subdi
vision;
ivision;
install or participate in(via rebate or reimburse ent agreements described in EXHIBIT
B)certain other Off-Site potable water infrakOctuirtrostcommodate the total number of
RLE's in the Subdivision; install all required fl potable water infrastructure to
support the total demands and requirements of the Su'li'dividl''tjp; and install On-Site and
Off-Site Brown Water Irrigation System infrastructure(" ' ' n System")to
s
accommodate the total number of RLE's in the Subdivi 'th.Ownership of the On-Site
and Off-Site potable water infrastructure improvement!constructed on behalf of Owner
will be transferred to the District upon completion, approval of and acceptance by the
District. The District shall own and operate the Irrigation System, and ownership of all
On-Site and Off-Site Irrigation System infrastructure constructed by the Constructing
Party(as hereinafter defined)will be transferred to the District upon completion,
approval of and acceptance by the District.District policies regarding ownership and
operation of Irrigation Systems will be forthcoming. If the Owner complies with this
Agreement,then the District agrees to provide potable water service for all requested taps
under the terms and conditions set forth in this Agreement, and in accordance with the
District Bylaws,Policies and Regulations. In addition,if the Qwner complies with this
Agreement,then the District agrees to provide irrigation water service for all requested
taps under the terms and conditions set forth in this Agreement, and in accordance with
the District Bylaws,Policies and Regulations,including forthcoming policies regarding
Irrigation Systems. The purpose of this Agreement is to set forth the terms and conditions
concerning the District's supplying such Water Service to the Subdivision.Accordingly,
•
•
the Parties agree to the following provisions in consideration of the terms, conditions, and
mutual covenants set forth herein.
NOW,THEREFORE,THE PARTIES AGREE:
3. CONSTRUCTION.
3.1 Subject to the terms and conditions set forth herein,the Owner, a
metropolitan or similar special district formed by Owner and on behalf of Owner
(the"Owner's District")or a third party who hereinafter acquires any portion of
the Property (any of the foregoing are referred to as the "Constructing Party")
shall install the On-Site and Off-Site infrastructure improvements for both the
potable water system and for the Irrigation System("Installations")pursuant to
the plans and specifications approved by the District as stated in Paragraph 3.2 of
this Agreement. The obligations and benefits to this Agreement shall run with the
land described in EXHIBIT A.
3.2. The Cons - Tmg Part shall submit plans and specifications for the
Installations to the j trict. tt a royal, which approval shall not be
unreasonably withheld; ajor delayed. Upon receipt of the plans and
specifications for the Inst arty,t District shall have a reasonable time
• (approximately 30 days) to rev`" 1`"e plans and specifications for approval or
rejection. If written notice of.;e royal ' t given to the Constructing Party
within such time period,the plhu;9 's ifications shall be deemed rejected;
provided,however,if the District rej such, ans and specifications, the
District agrees to provide to the Conic 1 arta,the reasons for such rejection.
The Constructing Party shall have the ' esriSmit amended plans to the
District for review. The District may inipose mason e standards for the
protection of the District. This review process s� iinue until the plans and
specifications are approved by the District(col ely,the"Approved Plans") or
until terminated by the Owner. Upon this appr`d'val, and subject to the conditions
set forth in Paragraph 8 below,the Owner and District shall execute a Line
Extension,Participation and Rebate Agreement, a Tap Purchase Agreement, and
other such agreements (all of the above,reasonably acceptable to Owner and the
District) so as to accommodate water service to the Subdivision. The Constructing
Party shall make no modifications to the Approved Plans without the prior written
approval of the District,which approval shall not be unreasonably withheld,
conditioned or delayed.
3.3 The Constructing Party shall notify the District at least three (3)business
days preceding the date of commencing work involved on the Installations,or
replacement of the Installations,permitted hereunder. The District may inspect
the Installations or replacements during the construction thereof, as it deems
necessary to protect its interests. The right of the District to inspect the
Installations or replacements shall be solely for the benefit of the District and
shall not be deemed to be a waiver by the District to enforce the obligation of the
•
S
Constructing Party to construct the Installations in accordance with the plans and
shall not be deemed to estop the District for the Constructing Party's failure to
install or properly design its Installations.
3.4 The Constructing Party agrees that the construction permitted hereunder
shall proceed with reasonable diligence from the initiation of such construction to
its completion. The construction by the Constructing Party may be completed in
two or more phases as may be approved by the District,which approval shall not
be unreasonably withheld. The Installations shall be constructed in such a
manner so as not to interfere with the operations of existing facilities owned by
the District without the prior permission of,notification to and coordination with
the District.
3.5 Upon completion of the Installations,the Constructing Party shall notify
the District. The District shall accept or reject Installations except that the District
shall not be required to accept or reject until and unless all fees billed have been
paid pursuant to Paragraph 6 below,and until all required easements for such
Installations have bee = ,eted.The District shall not unreasonably withhold
acceptance. The D4 P t shall.e entitled to test the Installations in accordance
with District standards, sp; c ns and directives.Acceptance or rejection
shall be in writing. If'il3i"st ti are rejected, the District shall specify the
reasons for rejection, and ' ... strikting Party shall correct same, and the above
process shall be repeated. Any fencing and other facilities appurtenant to
• the District's existing facilitie all b 4 aced in a condition at least equal to the
condition of such facilities an e"natces prior to construction.
3.6 The District's review and app alilans and specifications for the
Installations is solely for its benefit 401Yeakps no benefit or right in any other
party. The District's review and approval of th%'plannd specifications shall not
relieve the Constructing Party or its agents or empl ' from its duty to properly
design and construct the Installations. er
'''
3.7 The Constructing Party shall install permanent markers or indicators
showing the location of the Installations for the purpose of locating the
Installations as required by the Utility Notifications Center of Colorado
("UNCC"). These markers shall be installed in accordance with the standards,
specifications and directives of the District.Additionally, a trace wire shall be
installed along the entire length of the Installations, and shall be installed in
accordance with the District's standards and specifications.
3.8 The Constructing Party shall be responsible, at its own expense, for
obtaining any local, state or federal permits or approvals necessary for
constructing the Installations. It is the Constructing Party's obligation to
investigate and determine the need for any such permits or approvals. The
Constructing Party is responsible, at its own expense,for obtaining all local, state
and federal permits or approvals and for compliance with all local, state and
federal laws and regulations applicable to the construction of the Installations,
•
•
MEMORANDUM OF SURFACE AGREEMENT
This Memorandum shall provide notice to all parties that Kerr-McGee Oil&Gas Onshore,
LP, a Delaware limited partnership, and Waterfront at Foster Lake, LLC, have entered into an
agreement dated/,4,000 q— (the"Agreement")covering the lands described on Exhibit
A to this Memorandum. Among other matters,the Agreement provides certain accommodations to
be made by both parties, subject to which, Kerr-McGee is authorized to commence drilling
operations on the following wells at the following locations in Township 3 North,Range 68 West,
Sections 27 & 34: .
KMG 16-34 SE/4SE/4 of Section 34
KMG 23-27 Center of the SE/4 of Section 27
KMG 24-27 Center of the SE/4 of Section 27
KMG 33-27 Center of the SW/4 of Section 27
KMG 35-27 Center of the SW/4 Section Line of Section 27
KMG 37-27 SE/4SE/4 of Section 27
KMG 33-26 SE/4SE/4 of Section 27
KMG 21-34 Center of the NE/4 of Section 34
KMG 23-34 SE/4SW/4 of Section 34
KMG 24-34 Center of the NE/4 of Section 34
KMG 30-34 Center of the SW/4 Section Line of Section 27
KMG 37-34 SE/4SE/4 of Section 34
KMG 39-34 SE/4SE/4 of Section 34
•
• KMG 41-34 SE/4SE/4 of Section 27
KMG 10-27 Center of the SE/4 of Section 27
KMG 11-27 Center of the S W/4 of Section 27
KMG 1-3 SE/4SE/4 of Section 34
KMG 2-3 SE/4SE/4 of Section 34
KMG 9-27 Center of the SE/4 of Section 27
KMG 12-27 Center of the SW/4 of Section 27
KMG 13-27 Center of the SW/4 of Section 27
KMG 14-27 Center of the SW/4 of Section 27
KMG 1-34 SE/4SE/4 of Section 27
KMG 2-34 Center of the NE/4 of Section 34
KMG 7-34 Center of the NE/4 of Section 34
• KMG 8-34 . Center of the NE/4 of Section 34
KMG 9-34 SE/4SE/4 of Section 34
KMG 11-34 SE/4SW/4 of Section 34
KMG 15-34 SE/4SW/4 of Section 34
ST. VRAIN 4-34 Center of the NW/4 of Section 34
The term of the Agreement shall be for the duration of the oil and gas lease presently
covering the subject lands. Further information regarding the terms of the Agreement may be
obtained by contacting Kerr-McGee at 1999 Broadway,Suite 3700, Denver, CO 80202, attention
Denver Basin Land Manager.
Executed this day of__,2007.
KE - GEE &GAS ONSHORE,LP
lu
. ORENZO
Ti e: a to Fact
Date:
WATERFRONT AT FOSTER LAKE,LLC
Midwe •en :g: Inn of Visalia,Inc.
a Nor Daktt• c. oration
By:
Darwin , ager of HF Holdings, Inc.
a Colorado limited liability company
Attorney-in-Fact for Gary Tharaldson,President
of Midwest Heritage Inn of Visalia,Inc.
• a North Dakota corporation
and
Midwest -ritage Inn of Deptford, Inc.,
a N•. +' ! \corporation
By:
Darwin�'o,mangy-r of HF Holdings,Inc
a Colorado limited liability company
Attomey-in-Fact for Gary Tharaldson,President
Midwest Heritage Inn of Deptford,Inc.
a North Dakota corporation
Date: F7/3/p 3
ACKNOWLEDGMENTS
STATE OF COLORADO )
) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 7a day of�uut. 2007,
by Joseph H. Lorenzo as Attorney in Fact of Kerr-McGee Oil & Gas Onshore LP, a Delaware
limited partnership.
WITNESS my hand and official seal.
My commissio ' �*ed.L(/,t,`.‘ gra_
.j;�OTARy.� '4 No P li
t
s i ildiVOC
FW _
Catalogal EON 0t119r2D1
STATE OF .,Geo-
) ss.
COUNTY OF /IA ale
The foregoing instrument was acknowledged before me this /3*day of J?u.it2_ 2007
by Darwin Horan as Manager of IIP Holdings,Inc,a Colorado limited liability company
WITNESS my hand and official seal.
My commission expires: Ac2'r
k 4 CS174^1ls.:0 Expires
Notary Public
P..nenml:1Cr 30, 2009
GRETCHEN NNE
Notary Pa
KITELEY .7 .. A ' x 3 KMG 2421 avnoxc
SUBDIVISION KMG 2221 , 0.0
KMG 25-21
FOSTER I
LAKE KMG 1021 r7AGP 1
• I �,-- 12 7 / e0 KMG 11-27 /
•,t
O /9 // R f.- inMJ1 l� lam/ L 1, V _ (V
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KM1IG 13034 ,
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KMG 431 N 1 ,r r; \ )) ,C_...:
r „/ ANDERSON *� • +�� —S
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MAO 31-34
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AOLER .;,,. l LEGEND
FLovo '> rn(G 104
KMG 53d.; BGUN4 KMG 6 �.
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lj
WELD COUNTY ROAD 26.5 KMG 2234 J
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r
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I k ANDERSON y
KMG X1.34;' ' ,'034 rKM0 Pad,
KMG 1234 _ =
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`"" IS160011„, ` 0-
•
•KMG 33-34 1 I ► 1 h ..
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-
KMG 1534
O KMG 1234 r .. m '"""�
3 m�
* 'r KMG 3134 1 J
AND6CSON
KMG29-3 _ FMLY TRSl3 L„:040,
KMG _ MAP#3PERANADARK0
PLUGGED WELL
� PER MEETING WI -� �s _�,_Yi 3 I_ //,��
KERR MCGEE - 0
KMG 4-3 GN eizsio6 MaG23 KMG 1-a
• IL.i--i
` J TETRATECHINC
WATERFRONT AT FOSTER LAKE n A-�,� dW HNC.
0ILGAS AND FACILITIES MAP DAIS 6/14/07
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