HomeMy WebLinkAbout20050148.tiff SANDER INGEBRETSEN MILLER &
PARISH, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS ATL.AW
700 17°1 STREET,SUITE 2200
7n.v10ECL CARIES DENVER,COLORADO 802O2 DIRECT: 303285.5308
t'.ARAIEGAL PROM: 303-285-5300 EMAIL: jcarter@ssimlaw.com
FAx: 303-285-5301
December 29, 2004
VIA HAND DELIVERY
Weld County Clerk and Recorder
Elections Division
Post Office Box 459
Greeley, Colorado 80632
Attn: Rudy Santos
Re: Cottonwood Hollow Commercial Metropolitan District
Cottonwood Hollow Residential Metrgpolitan District
Neighbors Point Metropolitan District
The Peaks Metropolitan District
Organizational Filing Pursuant to § 32-1-306, C.R.S.
Dear Mr. Santos:
In accordance with §32-1-306, C.R.S., enclosed please find the Service Plan, which includes
the legal description and map of the district's boundaries, for each of the above-captioned districts.
The certified copies of the Orders and Decree for each district have been sent for recordation under
separate cover.
To confirm for our records that you have received the documents, please sign and return the
enclosed acknowledgement.
Should you have any questions,please do not hesitate to contact me.
Very truly yours,
SANDER INGEBRETSEN
MILLER Sr. PARISH
ofessional Coi
ice G. Carter
aralegal
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Cottonwood Com'I F+Res/Neighbors Point/The Peaks/Organization
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TIDE PEAKS
METROPOLITAN DISTRICT
SERVICE PLAN
CITY OF DACONO,COLORADO
APPROVED:
SEPTEMBER 27, 2004
TABLE OF CONTENTS
I. Introduction 1
II. Purpose of the Proposed District 4
III. Boundaries, Population& Valuation 5
IV. Description of Proposed Facilities 6
a. Type of Improvements 6
b. Description of Existing Conditions 10
— c. Anticipated Development 10
d. Public Improvement Schedule 10
e. City Construction Standards 11
f. Limitation on Eminent Domain 11
g. Dedication of Improvements to the City 11
h. Ownership and Maintenance of Facilities by the District 13
i. Acquisition of Land for Public Improvements 14
j. Services to be Provided by other Governmental Entities 14
k. Integration 15
V. Financial Information 15
a. General 16
b. Debt Issuance 17
c. Other Financial Restrictions, Limitations and Requirements 19
d. Limited Mill Levy 21
e. Investor Suitability 21
f. Refunding Bonds 22
g. Developer Bonds 22
h. Construction Financing Notes Issued to Developer 24
i. Identification of District Revenue 25
j. Security for Debt 25
k. Services of District 26
1. Quinquennial Review 26
m. Letters 27
VI. Landowners' Obligations as to Public Improvements 27
VII. Annual Report 27
VIII. Dissolution 29
IX. Consolidation 30
X. Elections 31
XI. Indemnities 32
XII. Disclosure and Disclaimer;No Third-Party Rights 32
XIII. Intergovernmental Agreements 33
XIV. Conservation Trust Fund 34
XV. Modification of Service Plan 34
XVI. Failure to Comply with Service Plan 36
XVII. Resolution of Approval 36
XVIII. Severability 36
TABLE OF EXHIBITS
Exhibit A Legal Description
Exhibit B Boundary Map
Exhibit C Vicinity Map
Exhibit D Property Owner's Consent
Exhibit E Engineering Estimates
Exhibit F Location of Public Improvements
Exhibit G Financial Plan; Forecasted Cash Surplus Balances and Cash Receipts and
Disbursements; Market Projection Consultant's Analysis; Developer's Letter in
Support of Market Projections
Exhibit H Underwriter's Letter
Exhibit I Legal Counsel Letter
Exhibit J Part I - Developer Indemnity Letter
Part II - District Indemnity Letter
Exhibit K Form of Disclosure Notice
Exhibit L Form of City Disclaimer Statement
Exhibit M Form of Intergovernmental Agreement between District and City
Exhibit N Resolution of City of Dacono Approving Service Plan
•
ii
THE PEAKS METROPOLITAN DISTRICT
SERVICE PLAN
I. INTRODUCTION
The District shall be named The Peaks Metropolitan District (the "District"). The
purpose of the District is to finance certain streets, street lighting, traffic and safety controls,
water, landscaping, storm drainage and park and recreation improvements for a development to
be known as the Silver Peaks at Dacono development ("Silver Peaks"). The developer of Silver
Peaks and the petitioner for the formation of the District is Silver Peaks Development, LLC, a
Colorado limited liability company (the "Developer"). The District is intended to provide for the
financing of public improvements for the Silver Peaks development, but is not intended to be a
District with perpetual existence. The District will consist of approximately seventy-three and
two hundred eighty-one one-thousandths-of-one (73.281) acres and no changes in the District's
boundaries are anticipated or authorized. The District shall be dissolved when its financial
obligations are paid or provided for or when the City of Dacono, Colorado (the "City") requests
dissolution, provided then-applicable statutory requirements are met, all as further described in
this Service Plan (together with all Exhibits hereto, the "Service Plan").
Except as expressly provided in this Service Plan, all public improvements and facilities
that are financed, constructed, installed or acquired by the District shall be dedicated and
conveyed to the City or its designee and will be operated and maintained by the City or its
designee upon City acceptance and completion of the District's warranty obligations. The City
may require that specific landscaping improvements that are dedicated and conveyed to the City
be maintained by a homeowners' association formed for the Silver Peaks development, for the
use and benefit of residents, taxpayers and property owners. The District shall not provide fire
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protection or emergency services, which fire protection and emergency services shall be
provided by the Mountain View Fire Protection District. The District may exercise those powers
of a metropolitan district set forth in §§32-1-1001 and -1004, C.R.S. only to implement the
provisions of this Service Plan and only to the extent authorized by and in a manner consistent
with this Service Plan.
The District is generally located north of Weld County Road 12 and east of Interstate 25.
The proposed boundaries of the District are limited to those boundaries described in Exhibit A,
attached hereto.
This Service Plan has been prepared by the following Developer and participating
consultants (the"Organizers"):
Developer District Counsel
Silver Peaks Development, LLC Sander Scheid Ingebretsen Miller&Parish
a Colorado limited liability company A Professional Corporation
Stephen J. Foley Dianne D. Miller, Esq.
Robert C. Swenson 700 17th Street, Suite 2200
6321 South Newport Court Denver, Colorado 80202
Englewood, Colorado 80111 (303) 285-5300
(303) 689-0242 (303) 285-5301--facsimile
(303) 689-0240—facsimile dmiller(i4ssimlaw.com
sfo1ey43@aol.com
fsland@mindspring.com
Investment Banker Engineer
Kirkpatrick, Pettis, Smith, Polian Inc. MB Consulting, Inc.
Thomas Bishop A Colorado corporation
1600 Broadway Street, Suite 1100 Mark F. Bishop, P.E.
Denver, Colorado 80202 333 West Colfax Avenue, Suite 500
_ (303) 764-5737 Denver, Colorado 80204
(303) 764-5770—facsimile (303) 825-7475
tbishop@kpsp.com (303) 825-7341—facsimile
mbishop(ccmbcdenver.com
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Bond Counsel Accountant
Sherman&Howard, LLC Clifton Gunderson, LLP
Blake T. Jordan, Esq. Dawn Jones
633 17th Street, Suite 3000 6399 South Fiddler's Green Circle, Suite 100
Denver, Colorado 80202 Greenwood Village, Colorado 80111
(303) 297-2900 (303) 779-5710
(303) 298-0940—facsimile (303) 779-0348—facsimile
bjordanasah.com dawn.jones(acliftoncpa.com
Market Proiection Consultant
DRM Real Estate Advisors, L.L.C.
Derek R. Maunsell, MM
Post Office Box 270898
Fort Collins, Colorado 80527
(970) 267-2900
(970) 267-2900—facsimile
Pursuant to the requirements of the Special District Control Act, §§ 32-1-201, et seq.,
C.R.S., this Service Plan consists of a financial analysis and an engineering plan showing how
the proposed facilities and services of the District will be provided and financed. As required by
§ 31-1-202(2), C.R.S., the following items are included in this Service Plan:
a. A description of the proposed services;
b. A financial plan showing how the proposed services are to be financed, including
all elements required by § 32-1-202(2)(b), C.R.S.;
c. A preliminary engineering or architectural survey showing how the proposed
services are to be provided;
d. A map of the proposed District's boundaries and an estimate of the population
and valuation for assessment of the proposed District;
e. A general description of the facilities to be constructed and the standards for
construction, including a statement of how the facility and service standards of the proposed
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District are compatible with facility and service standards of the City and special districts which
are interested parties pursuant to § 32-1-204(1), C.R.S.;
f. A general description of the estimated cost of acquiring land, engineering
services, legal services, administrative services, initial proposed indebtedness and estimated
proposed maximum interest rates and discounts and other major expenses related to the
organization and initial operation of the District; and
g. A description of any arrangement or proposed agreement with any political
subdivision for the performance of any services between the proposed District and such other
political subdivision and, if applicable, a form of the agreement.
II. PURPOSE OF THE PROPOSED DISTRICT
The District will finance the construction of public improvements for the Silver Peaks
development, which improvements shall be dedicated and conveyed to the City or its designee as
provided in this Service Plan, or as otherwise required by the City. A certain number of limited
improvements, upon the direction and consent of the City, will be dedicated and conveyed to
other servicing districts, or, upon prior written approval of the City, retained by the District and
operated and maintained by the District or a successor non-profit homeowners' association, for
the use and benefit of residents, taxpayers and property owners. The public improvements shall
be financed through the issuance of indebtedness as set forth in Article V, "Financial Plan".
Except as specified in or pursuant to this Service Plan, the District shall not construct or own any
improvements, shall not provide for any maintenance, repair or operation of any improvements
and shall not perform any services without the consent of the City as evidenced by a resolution
of approval of the City of Dacono City Council (the "City Council"). In addition, the District
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will not contract with any other governmental entity to receive any services which are or may
become available from the City, or to provide any services to or within any other governmental
entity without the prior written consent of the City. The District shall not provide any services or
facilities within any area of the District overlapping with the service area of another special
district without first obtaining the written consent of each and every special district whose
service area is so overlapped.
The District shall dissolve when its financial obligations are paid or provided for, or
otherwise upon request of the City, subject to then-applicable statutory requirements, all as
further provided in Article VIII.
III. BOUNDARIES, POPULATION & VALUATION
The District consists of approximately seventy-three and two hundred eighty-one one-
thousandths-of-one (73.281) acres located entirely within the boundaries of the City, as more
particularly set forth in the legal description, attached hereto as Exhibit A, and as shown on the
boundary map, attached hereto as Exhibit B, and the vicinity map, attached hereto as Exhibit C.
The petitioner, Silver Peaks Development, LLC, a Colorado limited liability company, also the
Developer of the District property and the sole owner of all property to be included in the
proposed District, has consented to the formation of the District, which consent is attached hereto
as Exhibit D and incorporated herein by this reference.
The Silver Peaks subdivision is being developed for the anticipated construction of two
hundred forty-two (242) single-family homes and one hundred eighty (180) townhomes. The
current population of the District is zero. The estimated population of the District at full build-
out is one thousand one hundred sixty-seven (1,167) people, subject to development approval by
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the City. It is acknowledged that City development standards and requirements may affect the
foregoing numbers of anticipated homes and population. The estimated assessed value at full
build-out is Seven Million Three Hundred Fifty-Four Thousand Five Hundred Fifty Dollars
($7,354,550.00). The property is currently zoned residential for residential uses. The current
assessed valuation of the District for purposes of this Service Plan is Zero Dollars ($0.00). The
total overlapping mill levy imposed upon the property within the proposed District for tax
collection year 2003 was one hundred eight and two hundred fifty-eight one-thousandths-of-one
(108.258) mills.
The District shall be required to obtain written approval from the City of a Service Plan
modification prior to any inclusion or exclusion of property to or from the District, or any other
change in its boundaries. Any such approval may be granted or denied by resolution of the City
Council, in its discretion. Any inclusion may be on the condition that all property originally in
the District remain in the District, and on such other conditions as the City may impose. Any
exclusion may be on the condition that there is no detriment to the remaining residents and
taxpayers within the District, or to the District's bondholders, and on such other conditions as the
City may impose. No changes in the boundaries of the District shall be made, unless the prior
written approval of the City Council has been obtained as part of a Service Plan modification, as
provided herein.
IV. DESCRIPTION OF PROPOSED FACILITIES
a. Type of Improvements.
The District will provide for the financing, construction, acquisition and installation of
public improvements consisting of streets, street lighting, traffic and safety controls, water,
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landscaping, storm drainage and park and recreation improvements and facilities (as the
foregoing terms are used in § 32-1-1004(2), C.R.S. and the sections referenced therein) within
the boundaries of the District and for the operation and maintenance of specific public
improvements as directed or approved by the City, as limited by this Service Plan.
The Central Weld County Water District (the "Water District"), by contract, provides
potable water to the City for delivery to City water users. The Water District owns and
maintains treatment, distribution and storage facilities (including pump station(s), elevated
tank(s), and master meters and appurtenances) and delivers water to the City water system at
certain master meter locations. The property within the District will receive water service from
the City through the City's arrangements with the Water District. The District, together with the
Developer, may provide financing for Water District water system improvements and facilities
that may be necessary for service to areas within the District, which facilities and improvements
are to be designed, constructed, installed or acquired by the Water District. The District will also
provide for the design, construction, acquisition and installation of City water system
improvements and facilities located within the boundaries of the District. In addition, a separate
raw water irrigation system will be installed by the District if it is determined by the Developer
and the City to be feasible and if it is approved by the City. The District will provide financing
for the City water system improvements, together with the Developer, as more fully set forth
below. All Water District system improvements shall be owned by the Water District. All City
water systems improvements shall be dedicated and conveyed to and owned by the City upon
acceptance and completion of the District's warranty obligations. A separate raw water
irrigation system, if authorized by the City, shall, at the City's option, either be dedicated and
conveyed to the City or its designee, or owned by the District and maintained by the District or a
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homeowners' association. All water rights for water service to the property and for any raw
water irrigation system shall be owned by the City. The District will not purchase, own, manage,
adjudicate or develop any water rights or water resources; provided, however, that, upon the
prior written consent of the City, which may be granted or denied in the City's sole discretion,
the District may manage, adjudicate or develop those water rights proposed for use in any raw
water irrigation system. The Developer at its expense is responsible for achieving any required
fire flows.
The District shall not design, construct, acquire or install water improvements or facilities
through contracts by the District, including off-site improvements, except upon approval of the
City and Water District with respect to the Water District system, and the City, with respect to
the City water system. Any intergovernmental agreement between the District and the Water
District shall be submitted to the City for review and shall be approved by the City prior to
execution by the District.
The District shall not construct any facilities outside the boundaries of the District, except
as necessary to connect service for the District to the facilities of other entities involved in
providing services to the District as described in this Service Plan, or as approved or directed by
the City or, with the City's consent, as approved or directed by other governmental entities
having jurisdiction. However, the District shall not construct any water facilities, except any
approved separate raw water irrigation system and those facilities approved by the City for the
City water system, without the prior written consent of the Water District which consent may be
withheld for any reason or for no reason.
The Organizers of the District have prepared a preliminary engineering report based on
the City's construction standards. The table, attached hereto as Exhibit E, lists all facilities
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which the District, subject to development approval of the City, will be authorized to finance,
acquire, design, construct, and install, including the costs in current dollars of each, together with
an explanation of the methods, basis and/or assumptions used. A letter concerning the
reasonableness of the cost estimates, and of the methods, bases and assumptions used, is
included in Exhibit E. The combined estimated cost of the improvements is Four Million Seven
Hundred Fifty-Two Thousand Three Hundred Seventy-Three Dollars ($4,752,373.00), which
exceeds the estimated debt capacity of the District. Funding for improvements not funded by the
District shall remain the responsibility of the Developer of the property, which amount is
presently estimated to be Two Million Three Hundred Seventeen Thousand Eight Hundred Three
Dollars($2,317,803.00) (the difference between the total estimated cost of the improvements and
the total estimated net proceeds projected to be received from the District's general obligation
bonds). The City is not responsible for assuming any of the costs of the improvements funded by
the District or necessary for service to the proposed Silver Peaks development.
A map showing the location of the public improvements to be financed by the District is
attached hereto as Exhibit F. The District shall be authorized to finance, acquire, design,
construct and install those types of public improvements and facilities which are authorized
under this Article IV and which are generally shown on Exhibit F, subject to development
approval by the City. Phasing of construction shall be in accordance with a phasing plan
approved by the City,which plan shall comply with City development standards and be designed
to meet the needs of residents and taxpayers within the boundaries of the District. The
engineering exhibits provided herein are preliminary. Upon the prior written approval of the
City, the District may, without amending this Service Plan, relocate or redesign improvements or
facilities to be provided by the District as necessary to comply with City design requirements and
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to better accommodate the pace of growth and resource availability within the District. All
public improvement locations, designs, plans and specifications are subject to City approval.
City consideration of any proposed changes in locations, designs, plans and specifications for
public improvements may be undertaken through the development review process for the Silver
Peaks development.
b. Description of Existing Conditions.
The area is predominantly undeveloped.
c. Anticipated Development.
The Developer anticipates total build-out to occur by 2011, with the completion of fifteen
(15) single-family homes in 2006, seventy-two (72) single-family homes in 2007, seventy-five
(75) single-family homes in 2008, eighty(80) single-family homes and sixty (60) townhomes in
2009, sixty (60) townhomes in 2010, and sixty (60) townhomes in 2011, subject to final design
and development approval by the City. It is acknowledged by the Developer that City approvals
are required and have not yet been obtained for the proposed Silver Peaks development, and that
City development standards and requirements may affect the foregoing numbers of anticipated
homes and the foregoing anticipated build-out schedule.
d. Public Improvement Schedule.
Construction of the public improvements will commence as soon as possible following
approval of the Service Plan. The public improvements will be phased to meet the development
schedule and shall be installed in compliance with any phasing plan approved by the City for the
Silver Peaks development.
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e. City Construction Standards.
All proposed facilities and improvements shall be designed and constructed in
accordance with the standards and specifications established by the City and in effect from time
to time, and with applicable standards and specifications of the federal government and the State
of Colorado. All proposed facilities and improvements shall be compatible with those of the
City and other governmental entities having jurisdiction including, but not limited to, the Water
District. The District and its engineer have designed and shall design the facilities and
improvements to meet such standards, specifications and compatibility requirements. The
District will obtain approval of civil engineering plans and permits for construction and
installation of facilities and improvements from the City prior to construction or installation.
The District shall be subject to all applicable provisions of the Dacono Municipal Code and to all
City rules, regulations and policies with respect to the conduct of its work on the improvements,
as in effect from time to time.
f. Limitation on Eminent Domain.
The District shall not exercise any power of dominant eminent domain against the City
and shall not exercise any power of eminent domain without the prior written consent of the
City. No exercise of eminent domain by the District is contemplated or authorized in this
Service Plan, and any proposed use thereof shall be considered a material modification of this
Service Plan and shall be subject to the City's prior written approval.
g. Dedication of Improvements to the City.
Except as specifically set forth in Article IV.h., below, the District shall dedicate and
convey to the City or its designee, or cause to be dedicated and conveyed to the City or its
designee, all public improvements and facilities, including, but not necessarily limited to, all
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streets, street lighting, traffic and safety controls, water, landscaping, storm drainage and park
and recreation improvements and facilities, as well as all rights-of-way, fee interests and
easements necessary for access to and operation and maintenance of such improvements and
facilities, to the extent such property interests have not been acquired by the City through the
land use approval process. The District shall not operate or maintain any public improvements,
except as necessary to comply with its warranty obligations hereunder and except to the extent
expressly permitted by Article IV.h., below. The District shall also dedicate and convey to the
City or its designee any other facilities and improvements contemplated in this Service Plan,
together with necessary rights-of-way, fee interests and easements. All such improvements,
facilities, easements and rights-of-way shall be conveyed to the City or its designee immediately
upon completion of construction, installation and expiration of the two (2) year warranty period
that commences after the City has issued Initial Acceptance as set forth below. All
improvements, facilities, rights-of-way, fee interests and easements shall be conveyed and
dedicated to the City or its designee by instruments acceptable to the City, free and clear of all
liens and encumbrances, except those which are acceptable to the City in its sole discretion.
Failure to comply with the requirements of this Article IV.g. shall be deemed to be an
unauthorized material modification of this Service Plan.
Once a public improvement to be dedicated to the City is constructed and installed, the City
shall issue an "Initial Acceptance" letter stating that the improvement has been constructed or
installed in conformance with the City's standards, or shall issue a letter stating the corrections
necessary to bring the improvement into compliance with City standards for the issuance of such
"Initial Acceptance" letter. The District at its expense shall promptly undertake any necessary
corrections. Upon issuance of the "Initial Acceptance" letter, the public improvements shall be
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warranted for two (2) calendar years from the date of such "Initial Acceptance", during which time
the District shall maintain the improvements and correct all deficiencies therein as directed by the
City. At the conclusion of such two (2) year period, the City shall issue a"Final Acceptance" letter
if the public improvements conform to the City's specifications and standards, or shall issue a letter
stating the correction necessary to bring the improvement into compliance with City standards for
the issuance of such a "Final Acceptance" letter. The District at its expense shall promptly
undertake any necessary corrections. A "Final Acceptance" meeting shall then be arranged, at
which time the City will issue a"Final Acceptance" for all public improvements to be accepted by
it, and the District will execute and deliver to the City all necessary instruments to dedicate and
convey to the City the improvements and facilities,and all necessary rights-of-way, fee interests and
easements.
h. Ownership and Maintenance of Public Improvements by the District.
Except for facilities and improvements described in this Article IV.h., the District shall
not be authorized to own or operate any improvements or facilities to be provided pursuant to
this Service Plan, other than as necessary to permit the financing and construction thereof, except
through approval by the City of an amendment to this Service Plan. The District shall have
authority to operate and maintain the improvements described in this Article IV.h.
Tract landscaping improvements and storm drainage improvements will be retained by
the District for operations and maintenance, except that upon request of the City, such
improvements and facilities shall promptly be dedicated and conveyed to, and thereafter owned,
operated and maintained by the City or its designee. If retained by the District, the District may
contract with a non-profit homeowners' association for operation and maintenance of these
improvements and facilities. Any contract with a homeowners' association must be approved by
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the City in advance, and the City may require assurances that a homeowners' association accepts
the operation and maintenance obligations and has the financial ability to undertake such
obligations.
i. Acquisition of Land for Public Improvements.
The District shall acquire, at no cost to the City, all lands or interests in land required by
the City for construction of streets, street lighting, traffic and safety controls, water, landscaping,
storm drainage and park and recreation improvements being constructed or installed by the
District. Such land or interests in land may be acquired by the District by instruments of
conveyance and/or plat dedication, in form and substance acceptable to the City. All land and
interests in land shall be conveyed to the City or its designee at no cost to the City at such times
and by such instruments of conveyance as the City may reasonably require, free and clear of all
liens and encumbrances. Exceptions must be approved by the City in advance and in writing.
Failure to comply with this provision shall be deemed to be a material modification of this
Service Plan.
j. Services to be Provided by other Governmental Entities.
The District proposes to finance, construct, acquire and install the public improvements
necessary to serve the District's residents and taxpayers, but is not authorized to and shall not
provide any ongoing water, sanitary sewer, park and recreation or other services within the
District. The District shall receive sanitary sewer service from the St. Vrain Sanitation District.
The District shall not provide any sanitary sewer services. The District will obtain a letter from
the Carbon Valley Park and Recreation District consenting to the overlapping boundaries for
financing purposes only. The District shall not provide ongoing park and recreation services.
— The District shall obtain a resolution from the Water District consenting to the overlapping
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boundaries for financing purposes only. The District shall not provide ongoing water services to
the District. The District is within and shall receive fire protection and emergency services from
the Mountain View Fire Protection District, or any successor entities thereof. Nothing herein
shall limit or discharge the District's responsibilities for operation, maintenance and repair of
public improvements prior to their acceptance by the City and conveyance to the City or its
designee, or limit or discharge the District's warranty obligations.
k. Integration.
All facilities and improvements shall be constructed so as to be integrated with existing
and planned facilities and improvements of the City and other entities providing service to the
Silver Peaks development. The District shall obtain from such other serving entities approval of
the proposed plans for the facilities and improvements.
V. FINANCIAL PLAN
This Article V describes the nature, basis, method of funding and debt and mill levy
limitations and other financial requirements and restrictions for the District's public improvements
program and operations. Together with the Financing Plan attached hereto as Exhibit G and further
described below, this Article V constitutes the financial plan for the District as required by § 32-1-
202(2)(b), C.R.S. A detailed Financing Plan, consisting of the Accountant's Forecasted Cash
Surplus Balances and Cash Receipts and Disbursements (including a Summary of Significant
Forecast Assumptions), the Market Projection Consultant's Analysis, and the Developer's Letter in
Support of the Market Projections is contained in Exhibit G, attached hereto and incorporated
herein. The Financing Plan includes estimated operations and administration costs (including
estimated costs of warranty maintenance), proposed indebtedness and estimated interest rates and
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discounts and other major expenses related to the organization and operation of the District. The
Financing Plan projects the issuance of the debt and the anticipated repayment based on the
development assumptions (including the market projections and absorption forecasts set forth
therein) for property within the boundaries of the District. The Financing Plan demonstrates that, at
the projected level of development, and with the projected Developer support, the proposed District
has the ability to finance the facilities identified herein, and will be capable of discharging the
proposed indebtedness on a reasonable basis.
a. General.
The provision of improvements and facilities by the proposed District will be primarily
financed through the issuance of general obligation bonds (the"Bonds"), secured by the ad valorem
taxing authority of the District and other District revenues, as discussed below. The Financing Plan
anticipates the issuance of two (2)series of Bonds in 2006 and 2009. The combined total estimated
cost of the improvements is Four Million Seven Hundred Fifty-Two Thousand Three Hundred
Seventy-Three Dollars ($4,752,373.00). The District has the capacity to issue general obligation
bonds in the aggregate principal amount of approximately Three Million Forty Thousand Dollars
($3,040,000.00), projected to yield net bond proceeds of approximately Two Million Four Hundred
Thirty-Four Thousand Five Hundred Sixty-Nine Dollars ($2,434,569.00) Accordingly, it is
currently anticipated that the bond proceeds will be insufficient to allow for repayment of Two
Million Three Hundred Seventeen Thousand Eight Hundred Three Dollars ($2,317,803.00), which
will be contributed by the Developer; however, if the financing capability of the District changes
and will permit repayment in the future (due to higher than anticipated assessed values, lower
interest rates or any other circumstance), the District may agree to repay the Developer for
unreimbursed public infrastructure costs so long as the District has the capacity to make such
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payments without exceeding the debt limit or Mill Levy Limit provided in this Service Plan, and
subject to all other requirements of Article V.h., below. Payments made to the Developer by the
District are expected to be made principally from Bond proceeds and shall not exceed the amount
advanced by the Developer for capital costs of District public improvements.
The Developer acknowledges and accepts the risk that, if all or a part of the general
obligation bonds proposed to be issued by the District are not issued, because of changes in
financial conditions or for any other reason, the Developer may not be paid or reimbursed for the
cost of public improvements or other advances to the District.
b. Debt Issuance.
This Service Plan authorizes only the issuance of general obligation bonds, except as
provided below with respect to notes issued to the Developer for construction financing. All
financial obligations of the District are subject to the provisions as to the Limited Mill Levy and
other limitations as set forth below. Other than ad valorem property taxes, specific ownership
taxes, amounts capitalized from bond proceeds and investment income on the foregoing, no
District revenues shall be pledged to any financial obligations of the District. The District may
be authorized to issue revenue bonds, certificates, debentures or other evidences of indebtedness
or to enter into lease-purchase transactions, only upon approval of an amendment to this Service
Plan, and such an amendment shall be considered a material modification of the Service Plan.
The District intends to issue two (2) series of general obligation bonds in the aggregate
principal amount of approximately Three Million Forty Thousand Dollars ($3,040,000.00). The
aggregate principal amount of all general obligation bonds and all other forms of borrowing by
the District, throughout the District's existence and regardless of subsequent payments and
discharges, shall be limited to a total of Three Million Three Hundred Fifty Thousand Dollars
($3,350,000.00) ("debt limit"); except to the extent otherwise provided in Article V.f. with
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respect to refunding bonds and in Article V.h. with respect to construction financing notes (i.e.,
notes or other financial obligations, if any, issued by the District to the Developer to evidence the
District's obligation to repay the Developer's advances for construction costs).
The first series of general obligation bonds will be issued in the approximate amount of
One Million Two Hundred Thousand Dollars ($1,200,000.00) and are anticipated to be issued in
2006. The second series of general obligation bonds will be issued in the approximate amount of
One Million Eight Hundred Forty Thousand Dollars ($1,840,000.00) and are anticipated to be
issued in 2009. All net proceeds of both the first and second series of bonds issued by the
District (after deduction of reasonable amounts for capitalized interest, capitalized reserves and
issuance costs) will be immediately deposited into an escrow account held by the bond trustee
and bond proceeds will be released from the escrow account into an unrestricted account on a pro
rata basis as building permits are issued by the City as further described below. The amount of
bond proceeds released into the unrestricted account will be on a per unit basis and will be
proportionate with each series of bonds. For example, the first series of bonds represents
approximately thirty-nine percent (39%)of the total amount of bonds to be issued by the District.
Thirty-nine percent (39%) of the total units within the District is approximately one hundred
sixty-five (165) units. The net bond proceeds from the first series of bonds are anticipated to be
Eight Hundred Ninety-One Thousand Two Hundred Three Dollars and Fifty-Four Cents
($891,203.54). Therefore, approximately Five Thousand Four Hundred One Dollars ($5,401.00)
per unit will be transferred from the escrow account to the unrestricted account upon the issuance
of each building permit; provided, however, that all public improvements required to serve the
dwelling units for which such building permits have been issued have been completed and
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initially accepted by the City in accordance with the City subdivision requirements and
subdivision agreement.
By issuing bond proceeds into an escrow account and realizing the funds upon the
conditions described above, the City, taxpayers and residents can be assured that continued
development will occur to pay the bonds and, to the extent development does not occur, the
escrow account will be used to defease the bonds after two (2) years from the date of issue and,
as a result, there will not be an excessive debt burden on the existing lots within the District. The
District's Financial Advisor has indicated that issuance of building permits is a generally
accepted lending criterion for special district debt, and that accordingly, the escrow release
requirements will evidence sufficient development activity within the District to support
repayment of the corresponding debt. The anticipated par amount of each series of bonds is an
estimate only. The actual amount of the bonds issued will be subject to assessed valuations and
market conditions as they exist at the time of issuance of each series of bonds, and will be issued
only in compliance with the above-stated debt limit and all other requirements and restrictions of
this Service Plan.
c. Other Financial Restrictions,Limitations and Requirements.
The District shall request voter authorization for a maximum of Three Million Three
Hundred Fifty Thousand Dollars ($3,350,000.00) of general obligation debt (together with
construction financing notes) to account for unforeseen contingencies, increases in construction
costs due to inflation and all costs of issuance, including capitalized interest, reserve funds,
discounts, legal fees and other incidental costs of issuance; however, the debt limit imposed by
this Service Plan shall control unless modified with the City's approval pursuant to Article XV
hereof. The authorized maximum voted interest rate is eighteen percent (18%) per annum and
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the maximum underwriting discount is four percent (4%) of bond principal. The actual interest
rates and discounts, within such maximum voted amounts, will be determined at the time the
bonds are sold by the District and will reflect market conditions at the time of sale. The term of
any bonds issued by the District shall not exceed thirty (30) years.
Estimated interest rates used in the Financing Plan are based on information furnished by
the underwriters, Kirkpatrick, Pettis, Smith, Polian Inc. In the event bonds are issued at an
interest rate higher than the estimated rates used in the Financing Plan, the principal amount of
bonds will be reduced so as to result in total debt service payments approximately equal to those
projected in the Financing Plan, and so that debt service on the bonds can be paid from the
revenue sources contemplated in this Service Plan. If actual increases in District assessed
valuation are less than the projected increases for those factors as shown in the Financing Plan
forecasts, it is expected that the District would compensate by increasing its mill levy(subject to
the Limited Mill Levy) or by reducing the principal amount of the bonds issued.
No bonds issued by the District shall provide for acceleration as a remedy upon default,
unless the District has received the prior written administrative approval of the City, which
approval may be granted only by the City Administrator or the City Council.
All bonds of the District shall be structured utilizing a commercial bank with trust powers
as trustee to hold the bond proceeds and debt service funds and to pursue remedies on behalf of
the bondholders.
Any bonds issued by the District pursuant to this Service Plan shall be in compliance
with all applicable legal requirements, including without limitation § 32-1-1101(6), C.R.S., and
article 59 of title 11, C.R.S., and shall be approved by nationally recognized bond counsel. An
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opinion shall also be obtained from bond counsel or counsel to the District that the bonds comply
with all requirements of this Service Plan.
d. Limited Mill Levy.
"Limited Mill Levy" shall mean an ad valorem mill levy (a mill being equal to 1/10 of
10) imposed upon all taxable property in the District each year in an amount sufficient to pay the
principal of, premium if any, and interest on the bonds as the same become due and payable, and
to make up any deficiencies in any debt service reserve for the bonds, but, together with all other
_ District mill levies (including, without limitation, all mill levies for administration, warranty
maintenance and other operating expenses), such mill levy shall not exceed fifty (50.000) mills;
provided, however, that in the event of changes in the ratio of actual valuation to assessed
valuation for residential real property pursuant to Article X, section 3(1)(b) of the Colorado
Constitution and legislation implementing such constitutional provision, the fifty (50.000) mill
levy limitation provided herein will be increased or decreased (as to all taxable property in the
District) to reflect such changes so that, to the extent possible, the actual tax revenues generated
by the mill levy, as adjusted, are neither diminished nor enhanced as a result of such changes
("Gallagher adjustment"). The Limited Mill Levy shall be an enforceable limit on all District
mill levies.
e. Investor Suitability.
Except as provided below in this paragraph as to rated bonds and in Article V.g., below
with respect to Developer Bonds, the District's bonds shall be issued not in a public offering and
only to financial institutions or institutional investors within the meaning of § 32-1-
1101(6)(a)(IV), § 32-1-103(6.5) and § 11-59-103(8), C.R.S. The District shall provide for and
shall utilize mechanisms and procedures for transfers and exchanges of bonds which are
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reasonably designed to insure continuing compliance with such limitation of sales to institutional
investors. If the District's bonds are rated in one of the four highest investment grade rating
categories by one or more nationally recognized organizations which regularly rate such
obligations, compliance with the institutional investor limitation set forth above shall not be
required.
f. Refunding bonds.
General obligation refunding bonds may be issued by the District to defease original
issue bonds in compliance with applicable law, but any such refunding shall not extend the
maturity of the bonds being refunded nor increase the total debt service thereon and shall meet
the requirements of§ 32-1-1101(6)(a), C.R.S. Refunding bonds shall not be subject to the debt
limit stated in Article V.b., above, provided that such refunding bonds demonstrate net present
value debt service savings; but if such refunding bonds do not demonstrate net present value debt
service savings, any increase in principal amount of the refunding bonds over the principal
amount of bonds being refunded shall be subject to such debt limit. Any issuance of refunding
bonds must comply with Article V.e., above "Investor Suitability". Except to the extent
expressly provided in this Article V.f., all limitations, restrictions and requirements of this
Service Plan with respect to general obligation bonds of the District shall be applicable to
refunding bonds, including, without limitation, Limited Mill Levy, debt limit, maximum interest
rate, maximum discount, maximum term, prohibition on acceleration, bank trustee requirement
and opinion requirements.
g. Developer Bonds.
In lieu of issuing bonds to third party investors, the Developer may choose to purchase all
bonds of a series (the "Developer Bonds"). Except as provided below in this Article V.g.,
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Developer Bonds shall not be sold, transferred, assigned, participated or used as security for any
borrowing. Developer Bonds shall not be subject to the escrow requirements of Article V.b.,
above; however, Developer Bonds may be resold (or otherwise transferred, assigned, participated
or used as security) only to the extent that the requirements for release from escrow (issuance of
building permits and initial acceptance of public improvements) have been met with respect to
the principal amount of Developer Bonds to be sold, transferred, assigned, participated or used as
security. If and when Developer Bonds are resold by the Developer, such resale must comply
with the institutional investor requirements of Article V.e. above, (unless the Developer Bonds
have received an investment grade rating as described in the last sentence of Article V.e. above).
The purchase of Developer Bonds by the Developer shall not be subject to any underwriting
discount, and interest rates on Developer Bonds shall not exceed the estimated interest rates used
in the Financing Plan. Except as otherwise specifically provided in this Article V.g., all
limitations, restrictions and requirements of this Service Plan with respect to general obligation
_ bonds of the District shall be applicable to Developer Bonds, both when owned by the Developer
and upon any permitted resale, including, without limitation, Limited Mill Levy, debt limit,
maximum interest rate, maximum term, prohibition on acceleration, bank trustee requirement
and opinion requirements. For purposes of ownership of Developer Bonds, the Developer shall
include all affiliates or entities under the majority control of the Developer ("controlled
affiliates"), provided that the Developer and any such controlled affiliate must be an accredited
investor, as that term is defined under sections 3(b) and (4)(2) of the federal "Securities Act of
1933" by regulation adopted thereunder by the Securities and Exchange Commission at the time
of acquisition of the Developer Bonds. To the extent that transfers or exchanges of Developer
Bonds are permitted under this Article V.g., the District shall provide for and shall utilize
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mechanisms and procedures for transfers and exchanges of Developer Bonds which are
reasonably designed to insure continuing compliance with applicable requirements and
restrictions as provided in or cross-referenced by this Article V.g. The Developer (including all
controlled affiliates) assumes all risk of nonpayment or other default on Developer Bonds, and
shall comply with the above-stated limitations, restrictions and requirements regarding
Developer Bonds.
h. Construction Financing Notes Issued to Developer.
The District may issue construction financing notes to the Developer to evidence the
District's obligation to reimburse the Developer's advances for construction costs; any
Developer advances which are not so reimbursed shall be treated as Developer contributions as
described in Article V.a., above. Such notes shall be subject to the following restrictions set
forth above for general obligation bonds: Limited Mill Levy, debt limit, maximum term,
prohibition on acceleration and opinion as to Service Plan compliance; but such notes shall not
be subject to the above-stated bank trustee requirement or bond counsel opinion requirements.
The repayment of construction financing notes from proceeds of an equal or lesser principal
amount of the District's bonds shall not be treated as an increase in the principal amount of
District debt for purposes of the debt limit under this Service Plan. Such notes shall not be
general obligations of the District, shall bear no interest, shall be issued only to the Developer
(and, therefore, shall not be subject to any underwriting discount), and shall not be sold,
transferred, assigned, participated or used as security for any borrowing. The Developer hereby
represents that it is an accredited investor, as that term is defined under §§ 3(b) and (4)(2) of the
federal "Securities Act of 1933" by regulation adopted thereunder by the Securities and
Exchange Commission, and the Developer agrees that it will also be such an accredited investor
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if and when it acquires such notes. Such notes shall be paid from proceeds of the District's
general obligation bonds when and if received by the District; otherwise the notes will be
unsecured obligations of the District. To the extent that any of such notes are outstanding when
the District's general obligation bonds are also outstanding, payments on the notes may be made
only if such payments do not adversely affect the District's ability to pay its general obligation
bonds. The Developer solely assumes the risk of nonpayment or other default on such notes,
including, without limitation, delay, inability or failure of the District to sell or issue its general
obligation bonds.
i. Identification of District Revenue.
The District will impose a mill levy on all taxable property in the District as the primary
source of revenue for repayment of debt service and for operations and administration. The mill
levy imposed by the District shall not exceed fifty (50.000) mills, except for Gallagher
adjustments permitted under Article V.d., above. Although the mill levy imposed may vary
depending on the phasing of facilities anticipated to be funded, it is estimated that a mill levy of
approximately thirty-five (35.000) mills will produce revenue sufficient to support debt service
and operations and warranty maintenance expenses throughout the repayment period. The
District may elect to impose facility fees upon property located within the District without the
consent of or notification to the City, provided that such facility fees are limited to a one-time
imposition of One Thousand Five Hundred Dollars ($1,500.00) per dwelling unit. The District
shall not impose any other fees or user charges, and the imposition of any other fee or charge
shall be considered an unauthorized material modification of this Service Plan.
j. Security for Debt.
The District will not pledge any City funds or assets for security for the indebtedness set
forth in the Financing Plan of the District.
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k. Services of District.
The District will require sufficient operating funds to plan and cause the public
improvements to be constructed. The costs are expected to include: organizational costs, legal,
engineering, accounting and debt issuance costs, compliance with warranty obligations,
compliance with state reporting and other administrative requirements. The first year's operating
budget (for 2005) is estimated to be Thirty-Three Thousand Five Hundred Dollars ($33,500.00)
increasing annually at a rate of one percent (1%) to accommodate for inflation. The District
currently anticipates that, upon approval by the City, a non-profit homeowners' association will
maintain some or all of the improvements that the District may retain pursuant to Article IV.h.,
above, which may further reduce or eliminate the District's operations and maintenance
obligations. Such improvements will be retained by the District for operations and maintenance,
unless the City requests that such improvements be dedicated and conveyed to the City or its
designee.
1. Quinquennial Review.
Pursuant to § 32-1-1101.5, C.R.S., the District shall submit application for a quinquennial
finding of reasonable diligence in every fifth (5th) calendar year after the calendar year in which
the District's ballot issue to incur general obligation indebtedness is approved by its electorate.
Upon such application, the City Council may accept such application or hold a public hearing
thereon and take such actions as are permitted by law. The District shall be responsible for
payment of the City's consultant and administrative costs associated with such review, and the
City may require a deposit of the estimated costs thereof. The City shall have all powers
concerning the quinquennial review as provided by statutes in effect from time to time.
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m. Letters.
Attached hereto as Exhibit H is an underwriter's letter stating its intention to underwrite the
District's financial obligations as proposed in the Financing Plan. Attached hereto as Exhibit I is a
letter from legal counsel for the District stating that the petition for organization of the District, this
Service Plan, notice and hearing procedures in connection therewith, and provisions thereof
(including without limitation provisions as to the District's bonds, fees and revenue sources)
meet the requirements of titles 11 and 32, C.R.S., and other applicable law.
VI. LANDOWNERS' OBLIGATIONS AS TO PUBLIC IMPROVEMENTS
The creation of the District shall not relieve the Developer, the landowner or any
subdivider of property within the District, or any of their respective successors or assigns, of
obligations to construct public improvements for the Silver Peaks development, of the obligation
— to enter into a subdivision improvements agreement regarding such improvements, or of
obligations to provide to the City letters of credit as required by the City to ensure the
completion of such public improvements, or of any other obligations to the City under City
ordinances, rules, regulations or policies, or under other agreements affecting the property within
the District or the Silver Peaks development, or any other agreement between the City and the
Developer(or any such landowner, subdivider or successors or assigns).
VII. ANNUAL REPORT
The District shall be responsible for submitting an annual report to the City within one
hundred twenty (120) days from the conclusion of the District's fiscal year. Failure of the
District to submit such report shall not constitute a material modification hereof, unless the
District refuses to submit such report within thirty (30) days after a written request from the City
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to do so. The District's fiscal year shall end on December 3ls` of each year. The content of the
annual report shall include information as to the following matters which occurred during the
year:
a. Boundary changes made or proposed;
b. Intergovernmental Agreements entered into or proposed;
c. Changes or proposed changes in the District's policies;
d. Changes or proposed changes in the District's operations;
e. Any changes in the financial status of the District including any issuance of
financial obligations or any change in revenue projections or operating costs;
f. A summary of any litigation and notices of claim involving the District;
g. Proposed plans for the year immediately following the year summarized in the
annual report;
h. Status of construction of public improvements;
i. The current assessed valuation in the District; and
j. A schedule of all fees, charges and assessments imposed in the report year and
proposed to be imposed in the following year and the revenues raised or proposed
to be raised therefrom.
The foregoing list shall not be construed to excuse the requirement for prior written City
approval of those matters that are considered material modifications of this Service Plan or for
any other required City approval. The annual report shall be signed by the President and attested
by the Secretary of the District. Along with the annual report, and at any more frequent intervals
as reasonably requested by the City, the District shall provide to the City a currently dated and
written certificate, signed by the President and Secretary of the District, certifying that the
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District is in full compliance with this Service Plan. If the District is not in full compliance with
this Service Plan, the certificate shall include a detailed statement describing such
noncompliance, and the District shall cooperate fully with the City in providing further
information as to, and promptly remedying, any such noncompliance. The City reserves the
right, pursuant to §§ 32-1-207(3)(c) and (d), C.R.S., to request reports from the District beyond
the mandatory statutory five (5) year reporting report. In addition to the foregoing, the District
shall cooperate with the City by providing prompt responses to all reasonable requests by the
City for information, and the District shall permit the City to inspect all public improvements and
facilities and all books and records of the District.
VIII. DISSOLUTION
Promptly when all of the general obligation bonds to be issued by the District have been
paid (or when provision for payment thereof has been made through establishment of an escrow
as provided by § 32-1-702(3)(b), C.R.S.), the District will so notify the City and will cooperate
fully with the City in taking all steps necessary under then applicable law to dissolve the District
(including, without limitation: formulating a plan of dissolution; executing the District's consent
to dissolve pursuant to § 32-1-704(3)(b), C.R.S.; making any necessary agreements as to
continuation or transfer of warranty maintenance and other services, if any, which are then being
provided by the District; submitting a petition for dissolution to the District Court; and,
conducting any required dissolution election).
In addition, at any time after the District has issued all of its general obligation bonds
(excluding refunding bonds) as contemplated by the Financial Plan, upon the City's request, the
District will cooperate fully with the City to dissolve the District pursuant to a plan for
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dissolution stating that there are outstanding financial obligations and providing that the District
will continue in existence (with the City Council serving as the District Board if the City so
elects) to such extent as is necessary to adequately provide for the payment of such financial
obligations, as provided in §§ 32-1-702(3)(c) and 32-1-707(2)(c), C.R.S. To the extent that any
District financial obligations are owned by the Developer (or by the Developer's controlled
affiliates as provided in Article V.g), the Developer shall cooperate fully, and shall cause any
such controlled affiliate to cooperate fully, with the City to dissolve the District. Also, on or
after December 31, 2009, if the District has not issued any of its general obligation bonds, the
City shall have the right to require the District to dissolve in accordance with applicable law, and
the District will cooperate fully with the City to dissolve the District.
To the maximum extent permitted by law, the above-stated agreements to cooperate in
dissolution of the District shall be binding on the undersigned Developer (including the
Developer's controlled affiliates) and shall also be binding on the Developer's successors in title
to any and all land in the District (including the nominees for the initial Board of Directors set
forth in Article X hereof and succeeding directors who own land within the District); and such
agreements shall obligate all such persons to cooperate fully with the City as described above,
including without limitation, the signing of petitions, execution of consents and voting in favor
of dissolution in any required election.
IX. CONSOLIDATION
The District shall not file a request with the District Court to consolidate with another
special district without the prior written approval of the City Council.
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X. ELECTIONS
Following approval of this Service Plan by the City, and after acceptance of the
organizational petition and issuance of orders from the District Court, elections on the questions
of organizing the District and approving bonded indebtedness and various agreements described
herein will be scheduled. All elections will be conducted as provided in the court orders, the
Uniform Election Code of 1992 (as may from time to time be amended), and Article X §20 of
the Colorado Constitution(the "TABOR Amendment"), and are currently planned for November
2, 2004, but may be held on any legally permitted date. The election questions are expected to
include whether to organize the District, election of initial directors, and TABOR Amendment
ballot issues and questions. Thus, the initial ballot may deal with the following topics (in several
questions, but not necessarily using the exact divisions shown here):
a. Whether to organize the District,
b. Membership and terms of the initial board members,
c. Approval of new taxes,
d. Approval of maximum operational mill levies,
e. Approval of bond and other indebtedness limits,
f. Approval of an initial property tax revenue limit,
g. Approval of an initial total revenue limit,
h. Approval of an initial fiscal year spending limit, and
i. Approval of a four(4) year delay in voting on ballot issues.
Ballot issues may be consolidated as approved in court orders. The petitioners intend to
follow both the letter and the spirit of the Special District Act, the Uniform Election Code and
the TABOR Amendment during organization of the District. Future elections to comply with the
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TABOR Amendment may be held as determined by the elected Board of Directors of the
District.
The following persons, who are or will be owners of property within the District, are
anticipated to be nominated for the initial board of directors of the District:
Stephen J. Foley Robert C. Swenson
6321 South Newport Court 756 Spring Creek Road
Englewood, Colorado 80111 Silverthorne, Colorado 80498
John H. Bostick Karen Zain Henry
3821 Alden Bridge Circle 420 Franklin Street
Highland Ranch, Colorado 80126 Denver, Colorado 80218
Richard David Preston
2119 Arapahoe Street
Golden, Colorado 80401
XL INDEMNITIES
The fully executed Silver Peaks Development, LLC Indemnity Letter attached hereto as
Part I of Exhibit J is submitted by the Developer to the City as part of this Service Plan. The
form of the District Indemnity Letter attached hereto as Part II of Exhibit J shall be executed by
the District and delivered to the City immediately upon formation of the District. The District
shall not incur any financial obligations of any kind or otherwise perform any functions
authorized under this Service Plan until the District Indemnity Letter has been duly executed by
the District and delivered to the City. The execution of such Indemnity Letters are material
considerations in the City's approval of this Service Plan, and the City has relied thereon in
approving this Service Plan.
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XII. DISCLOSURE AND DISCLAIMER; NO THIRD-PARTY RIGHTS
The District will also record a statement against the property within the District which
will include notice of the existence of the District, anticipated mill levy and maximum allowed
mill levy. The form of the notice is attached hereto and incorporated herein as Exhibit K,
subject to any changes required by the City in the future. In addition, attached hereto as Exhibit
L is a form of the City's disclaimer statement. The District shall conspicuously include this
disclaimer statement, or any modified or substitute statement hereafter furnished by the City, in
all offering materials used in connection with any bonds or other financial obligations of the
District (or, if no offering materials are used, the District shall deliver the disclaimer statement to
any prospective purchaser of such bonds or financial obligations). No changes shall be made to
the disclosure and the disclaimer set forth in Exhibits K and L, respectively, except as directed
by the City. Neither this Service Plan, the intergovernmental agreement to be entered into
between the City and the District as described in Article XIII below, nor any other related
agreements shall be construed to impose upon the City any duties to or confer any rights against
the City upon, any bondholders, investor, lenders, or other third parties.
XIII. INTERGOVERNMENTAL AGREEMENTS
The District shall enter into an intergovernmental agreement with the City which shall be
in substantially the form set forth in Exhibit M. The District shall execute and deliver the
intergovernmental agreement to the City immediately upon formation of the District. The
District shall not incur any financial obligations of any kind or otherwise perform any functions
authorized under this Service Plan until the intergovernmental agreement has been duly executed
and delivered to the City. The execution of such agreement is a material consideration in the
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City's approval of this Service Plan, and the City has relied thereon in approving this Service
Plan. No other intergovernmental agreements are proposed at this time. Any intergovernmental
agreements proposed regarding the subject matter of this Service Plan shall be subject to review
and approval by the City Council prior to their execution by the District. Failure of the District
to obtain such approval shall constitute an unauthorized material modification of this Service
Plan.
XIV. CONSERVATION TRUST FUND
The District shall not apply for or claim any entitlement to funds from the Conservation
Trust Fund which is derived from lottery proceeds, or other funds available from or through
governmental or nonprofit entities for which the City is eligible to apply. The District shall remit
to the City any and all conservation trust funds which it receives.
XV. MODIFICATION OF SERVICE PLAN
The District shall obtain the prior written approval of the City before making any material
modifications to this Service Plan. Material modifications require a Service Plan amendment
and include modifications of a basic or essential nature, including, but not limited to, the
following:
a. Any change in the stated purposes of the District or additions to the types of
facilities, improvements or programs provided by the District;
b. Any issuance by the District of financial obligations not expressly authorized by
this Service Plan, or under circumstances inconsistent with the District's financial ability to
discharge such obligations as shown in the build out, assessed valuation and other forecasts
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contained in the Financing Plan, or any change in debt limit, change in revenue type or change in
maximum mill levy (except for any necessary Gallagher adjustment as provided in Article V.d.,
above);
c. Any change in the types of improvements or estimated costs of improvements
from what is stated in Exhibit E of this Service Plan;
d. Failure by the District to enter into the intergovernmental agreement (the form of
which is attached hereto as Exhibit M) immediately upon the District's formation as provided in
Article XIII of this Service Plan, or failure by the District to execute and deliver the District
indemnity letter (the form of which is attached hereto as Exhibit J-II) immediately upon the
District's formation as provided in Article XI of this Service Plan;
— e. Failure to comply with the requirements of this Service Plan concerning the
dedication of improvements or the acquisition and conveyance of lands or interests in land;
f. The failure of the District to develop any capital facility proposed in its Service
Plan when necessary to service approved development within the District;
g. Any proposed use of the powers set forth in §§ 32-1-1101(1)(f) and —1101(1.5),
C.R.S., respecting division of the District;
h. The occurrence of any event or condition which is defined under the Service Plan
or intergovernmental agreement as necessitating a service plan amendment;
i. The default by the District under any intergovernmental agreement;
j. Any of the events or conditions enumerated in § 32-1-207(2), C.R.S., of the
Special District Act; or
k. Any action or proposed action by the District which would interfere with or delay
the planned dissolution of the District as provided in Article VIII hereof.
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(The examples above are only examples and are not an exclusive list of all actions which may be
identified as a material modification.)
The District will pay all reasonable expenses of the City, its attorneys and consultants, as
well as the City's reasonable processing fees, in connection with any request by the District for
modification of this Service Plan or administrative approval by the City of any request
hereunder. The City may require a deposit of such estimated costs.
XYI. FAILURE TO COMPLY WITH SERVICE PLAN
In the event it is determined that the District has undertaken any act or omission which
violates this Service Plan or constitutes a material departure from the Service Plan (including,
without limitation, any material modification of this Service Plan as described in Article XV which
is not duly authorized by the City), the City may utilize the remedies set forth in the Colorado
statutes to seek to enjoin the actions of the District, or may withhold issuance of any permit,
_ authorization, acceptance or other administrative approval for the Silver Peaks development, or may
pursue any other remedy available at law or in equity, including affirmative injunctive relief to
require the District to act in accordance with the provisions of this Service Plan. The District shall
pay any and all costs, including attorneys' fees, incurred by the City in enforcing any provision of
the Service Plan. To the extent permitted by law, the District hereby waives the provisions of§ 32-
-
I-207(3)(b), C.R.S.,and agrees it will not rely on such provisions as a bar to the enforcement by the
City of any provisions of this Service Plan.
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XVII. RESOLUTION OF APPROVAL
The Developer and other proponents of the proposed District agree to and shall
incorporate the City Council's Resolution of Approval, including any conditions on such
approval, into the Service Plan presented to the Weld County District Court. Such resolution
shall be attached as Exhibit N.
XVIII.SEVERABILITY
If any portion of this Service Plan is held invalid or unenforceable for any reason by a
court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its
unenforceability shall not cause the entire Service Plan to be terminated. Further, with respect to
any portion so held invalid or unenforceable, the District and City agree to pursue a Service Plan
amendment or take such other actions as may be necessary to achieve to the greatest degree
possible the intent of the affected portion.
- 37 -
XIX. CERTIFICATION
This Service Plan is submitted to the City by the undersigned Developer, which is the
District petitioner, and with the consent of all property owners of all property within the boundaries
of the proposed District. The undersigned will cause written notice of the City's hearing on the
proposed Service Plan to be duly given to all "interested parties"within the meaning of§ 32-1-204,
C.R.S., and will or has caused all other required filings to be made and all other applicable
procedural requirements to be met. The information contained in this Service Plan is true and
correct as of this date.
SILVER PEAKS DEVELOPMENT, LLC, a Colorado
limited liability company
By: FS Land, LLC a Colorado limited liability
company, its Manager
deJ. Foltanag r
EXHIBIT A
Legal Description
��gil Land Consultants
480 Yuma Street • Denver, Colorado 80204
Off: (303) 436-9233 • Fax: (303) 436-9235
Date 08-23-04 Job No. 02042
LEGAL DESCRIPTION - THE PEAKS METROPOLITAN DISTRICT
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF DACONO, COUNTY OF WELD, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 2, WHENCE THE WEST
QUARTER CORNER THEREOF BEARS 389°43' 56"W, A DISTANCE OF 2628 .42
FEET; THENCE S00°06' 16"W, ALONG THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 2, A DISTANCE OF 1927 .27 FEET; THENCE
S89°28' 12"W, A DISTANCE OF 1618.41 FEET; THENCE N10°15' 11"W, A
DISTANCE OF 120 .38 FEET; THENCE N00°49' 01"W, A DISTANCE OF
1553 . 98 FEET; THENCE N01°00'36"W, A DISTANCE OF 262 . 19 FEET TO A
POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
2; THENCE N89°43' 56"E, ALONG SAID NORTH LINE, A DISTANCE OF
1670.08 FEET TO THE POINT OF BEGINNING. CONTAINING 3, 192, 137
SQUARE FEET OR 73 .281 ACRES MORE OR LESS.
•\`pna�uuREG/r�
/ • o
JO I IL, P S' dk 26606
1 � 26606 J4=
t
r0J;., J0
EXHIBIT B
Boundary Map
Nay
gii Land Consultants
480 Yuma Street s Denver, Colorado 80204
Off: (303) 436-9233 s Fax: (303) 436-9235
"' Date 08-23-04 BOUNDARY FOR THE PEAKS METROPOLITAN DISTRICT Job No. 02042
ATTACHMENT TO LEGAL DESCRIPTION - NOT A SURVEY
.- DACONO GATEWAY CENTRE Point of
MINOR SUBDIVISION Beginning
LOT 4 W 1/16 Cor, Sec. 2 C 1/4 Cor, Sec. 2
W 1/4 Cor, Sec. 2 TIN, R68W, 6th P.M. TIN, R68W, 6th P.M.
TIN, R68W, 6th P.M.
I , UNPLATTED
1
__ . _ I N89_'43'56"E 1670.08'
.r 958.34'r��arocn Peak Drl N U 1 4,rS 2 E I i
Sample Drive
—
N01'00'36"W/ I i a
262.19' 1
e `°
e
• b `a
N �� 1 i I /
i i L----
I�:. ` I i N
—
+' °°0 CONTAINS / Sharps Piacs • ; '
I `)i i i' 1 c a
T 192,137 S.F. ;
3,
SCALE: 1-=300' ___ ___ / > � •.�
73.281 AC.
1
I c
c, }
I 1 a.
co
SIVER ?=AILS --. •
! JrCO„i7 '� �> •: a Garcia Road �O
O `C is
r / ,
/ ~-�% -/-� . • ca
7t' 1 (i ; ' i II e O
o l a • ab
0 `\ SILVER PEAKS `w ' o
`. AT DACONO
I t"
__- o . c i. •
{ ice!
— 1 I
1 i i
i I ,
— I Summit Drive
i
j 1i i i I
i l E 1
�� t`
I S89'28'12•'W j 1614 f T
y, /, ; \
N10'15'1 1 V SPLV_R PEAKS I ` , I
120.38' A T DACtV; J
SHEET 2 OF 2
EXHIBIT C
Vicinity Map
_ THE PEAKS METROPOLITAN DISTRICT
VICINITY MAP
- ,r
III STATE HIGHWAY 52
.... ..,...w._ i
ia f
THE PEAK METROPOLIT9N T
_
DISTRACT LOCATION ' jai
yr •
g
. w EJ.r H �
Vii'
�.! — WELD COUNTY GOAD 12 .��• '
•
•
'4 v r �
` i / + A
3
$ 11
EXHIBIT D
Property Owner's Consent
August 20, 2004
— City of Dacono
Post Office Box 186
Dacono, Colorado 80514
RE: Proposed The Peaks Metropolitan District (the "District")
To Whom It May Concern:
Silver Peaks Development, LLC, a Colorado limited liability company, is the owner of
the property attached hereto as Exhibit A, which property is proposed to constitute the
boundaries of the District. The purpose of this letter is to advise that I, Stephen J. Foley,
as Manager of FS Land, LLC, a Colorado limited liability company, as Manager of Silver
Peaks Development, LLC, consent to the organization of the District.
SILVER PEAKS DEVELOPMENT, LLC,
a Colorado limited liability company
By: FS Land, LLC a Colorado limited
liability company, its Manager
Stephen . Fole anager
STATE OF COLORADO )
) ss
COUNTY OF l f af&,lldg— )
Subsc.. . d sworn to before me on this 20`h day of August 2004, by Stephen J.
Foley, - ] -!Q'4.'`,\ Land, LLC, a Colorado limited liability company, as Manager
of Sil ,-f4 .'t'l nt, LLC, a Colorado limited liability company.
A&et.%G P�4E\AL]
toCF COVOR3 7 Notary Public
_-
11/1021 01b1 Eck.01
My commission expires ( 3, okS- .
The Peaks\Service Plan
JLG1714
0789.0003
EXHIBIT A
_ ,•_ v jf gil Land Consultants
480 Yuma Street • Denver, Colorado 80204
Off:(303) 436-9233 • Fax:(303) 436-9235
Date 08-23-04 Job No. 02042
LEGAL DESCRIPTION - THE PEAKS METROPOLITAN DISTRICT
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF DACONO, COUNTY OF WELD, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 2, WHENCE THE WEST
QUARTER CORNER THEREOF BEARS 889°43'56"W, A DISTANCE OF 2628.42
FEET; THENCE S00°06' 16"W, ALONG THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 2, A DISTANCE OF 1927 .27 FEET; THENCE
S89°28'12"W, A DISTANCE OF 1618.41 FEET; THENCE N10°15'11"W, A
^ DISTANCE OF 120.38 FEET; THENCE NO0°49'01"W, A DISTANCE OF
1553 .98 FEET; THENCE N01°00'36"W, A DISTANCE OF 262 .19 FEET TO A
POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
2; THENCE N89°43'56"E, ALONG SAID NORTH LINE, A DISTANCE OF
1670.08 FEET TO THE POINT OF BEGINNING. CONTAINING 3, 192,137
SQUARE FEET OR 73 .281 ACRES MORE OR LESS.
. . . Wm
NEN
JO • =I IL, P ': 26606
•
- p 26606 g'
EXHIBIT E
Engineering Estimates
The Peaks Metropolitan District
Construction Cost Estimate
This engineer's estimate of probable cost to construct the public improvements
within the district boundaries along with the required offsite improvements are
represented in the approximate costs listed by category below.
Parks and Open Space
Construction cost for the landscaping, streetscaping, parks and open space.
Onsite Landscaping $ 871,283
Offsite Landscaping $ 68,717
Roadway Construction
Construction Costs for the sidewalks, curb and gutter, asphalt pavement and
pavement prep.
Onsite Roadway $ 902,550
Offsite Roadway $ 708,400
Waterline Construction
Construction cost for the installation of the water distribution system.
Onsite Waterline $ 773,032
Offsite Waterline $326,598
Storm Drainage Construction
Construction cost for the installation of the storm drainage system.
Onsite Storm Drainage $ 857,199
_ Offsite Storm Drainage $ 244,594
Total of the Probable Construction Cost for the District Improvements for Silver
Peaks at Dacono
Total Onsite Improvements $3,404,064
Total Offsite Improvments $1,348,309
Total Estimated Budget $4,752,373
M B Y CONSULTING, INC. PLANNING • CIVIL ENGINEERING • PROJECT MANAGEMENT
September 30,2004
City of Dacono
512 Cherry Avenue
Dacono,CO 80514
RE:Proposed The Peaks Metropolitan District
To Whom It May Concern:
I,Bruce A. Roscoe,a Registered Professional Engineer in the State of Colorado,have reviewed the
Engineer's Estimate of Probable Construction Costs within the proposed The Peaks Metropolitan District
area.The Engineer's Estimate of Probable Construction Cost was based on the following information and
assumptions:
A. The quantities for each item were based on conceptual design of public improvements,as
depicted in the Silver Peaks @ Dacono Final Construction Plans dated March 3,2003,
prepared by MB Consulting,Inc which are not approved by appropriate agencies.
B. Unit costs were based on recent bid cost for similar projects.
Based on these assumptions,I believe that the Engineering Estimate of Probable Construction Cost
contained within the Service Plan for The Peaks Metropolitan District is reasonable for the public
improvements portion of this project.
Additionally,I have reviewed the exhibits of the location of public improvements within the Service Plan
for the District(Streets,Sidewalks and Trails,Waterline,Storm Drainage System,Water System,Parks and
Open Space,off site roadway,and off site waterline)and believe the exhibits represent the conceptual
design of the public improvements prepared by MB Consulting,Inc.
For and on Behalf of
MB Consulting,Inc
62a—C,C— 40 00 REG
of Zv
73 :� � LtA
`30i
Bruce A.Roscoe,P.E. EVES
Project Manager NAL El
IINI
333 W. Colfax Ave., Suite 500 • Denver, CO 80204 • www.mbcdenvencom • Office 303-825-7475 • Fax 303-825-7341
EXHIBIT F
Location of Public Improvements
THE PEAKS METROPOLITAN DISTRICT
STREETS, SIDEWALKS AND TRAILS EXHIBIT
LEGEND
a DISTRICT BOUNDARY
-- • • OFFSITE IMPROVEMENTS
MAROON PEAK DRIVE
••.•
!. If SAMPLE DRIVE
le
N
pi i W to
W W
m
-. ___ _.
GRAY'S PEAK 1 _ - ---- I ig&
PLACE _ c�.{� _ -.
<IIii
, ---i— tax
SHARPE
PLACEI
. ------- ) _ _
IL
I �
ROA0
tTTW > ≥> 1>-._. _L -_ w W N __.
Q I-
"' Cry SUNLIGHT
PLACE M SUMMIT DRIVE I ,I\
Z %
1
r-- - - SUNSHINE DRIVE
WELD COUNTY ROAD 12 ---
_ THE PEAKS METROPOLITAN DISTRICT
WATERLINE EXHIBIT
LEGEND
a DISTRICT BOUNDARY
-
• • OFFSITE IMPROVEMENTS
MAROON PEAK DRIVE
•I SAMPLE DRIVE
I.
I GRAY'S PLACEPEAK �d-9'-. �.. _ i ._
" '� , Lai
Z
i PLACE
st
✓ r
I W
0 SILVER PEAK PLACE ) ROgO ; J
re DI I In I
o i ¢ s
1Z`-- , 1 w `I�l
z
N J N
lil I- SUNLIGHT .~ ..
w0\ 0 SUMMIT DRIVE
- ..__
K. , _ O i F
C-
/
\ -
SUNSHINE DRIVE j•
-
•
-
WELD COUNTY ROAD 12 -
THE PEAKS METROPOLITAN DISTRICT
STORM DRAINAGE EXHIBIT
LEGEND
-DISTRICT BOUNDARY
• • OFFSITE IMPROVEMENTS
MAROON PEAK DRIVE
-' • 7 SAMPLE!DRIVE'
•
I i --,. ....„ 4 k____
•
. :
• •
GRAYS PEAK -._._._. i �_ rir
• . PLACE F_ , �
...)
,
-....'.....-\ r----- ----k i
• I ( t� -11--- .:2.--‘., $1dqiRPF - �-� 2
'! ,-' i PLACE
i 1. ' ; w
1 tii-
2i SILVER PEAK PLACE) I - -'
a z. I
o 'a �
X
.._ , I w ------.._- C r _-_
NI I
1-' i t
1-- ' . SUNLIGHT /)
I I
w PLACE j/ _-. 7 • , .
\ S�JMh11T DRIVE~ I
-- $\-----
t iyy}�
1 ' I
\4 r ��SUN NINE DRNE I { .,..--
•
•
ETENTI.N.......f
! J.f
•
•
,; WELD COUNTY ROAD 12
i-1, — _b
THE PEAKS METROPOLITAN DISTRICT
PARKS AND OPEN SPACE EXHIBIT
LEGEND
a DISTRICT BOUNDARY
... . OFFSITE IMPROVEMENTS
MAROON PEAK DRIVE
-- - OUROT B ,
\ SAMPLE DRIVE motor
rI Iiiim Y
C0OO_ ■
GRAY'S PEAK , — w c
_ �
I I _-
PLACE
--- i&Z '—--I --
___,� ___� r—r
`, � / __:
.._ ..__
�Ly z
w i v�11 PARK/I 9t1ARPE
:� \--- / i/ �-
i _ .PLACE
" ,
�• �OURQT O / - w'
E / % W
•
SILVER PEAK PLACE --� ,- _ crs_
W, - r w w
z i
re
—
o w
C S PLACE (
SUNLIGHT /
F
to
La
�i SUMMIT DRIVE
/ /
��.__J j: \ - OUROT N OVIIpT N
OVROT L
J '
\ \ I•
■
w '
Z __
•
_ --- ��,�_SUNSHINE DRIVE `
_ '•
O I I
OUROT 0
-
OPEN CHANNEL
WELD COUNTY ROAD 12 . -
EXHIBIT G
Financial Plan
Forecasted Cash Surplus Balances and Cash Receipts and Disbursements
Market Projection Consultant's Analysis
Developer's Letter in Support of Market Projections
_ THE PEAKS
METROPOLITAN
DISTRICT
FORECASTED SURPLUS CASH BALANCES
AND
_ CASH RECEIPTS AND DISBURSEMENTS
SEPTEMBER 30, 2004
Clifton
Gunderson LLP
Certified Public Accountants&Consultants
Accountant's Report
The Petitioners for Formation of
The Peaks Metropolitan District
Weld County, Colorado
We have compiled the accompanying forecasted surplus cash balances and cash receipts and
disbursements of The Peaks Metropolitan District (the "District") (in the Formation Stage of
Development) as of the date of formation and for the calendar years ending through 2039, in
accordance with attestation standards established by the American Institute of Certified Public
Accountants.
A compilation is limited to presenting in the form of a forecast, information that is the
representation of the Petitioners for Formation of the District (collectively, "Management") and
does not include evaluation of the support for the assumptions underlying the forecast. We have not
examined the forecast and, accordingly, do not express an opinion or any other form of assurance
on the accompanying schedules or assumptions. However, we did become aware of a departure
from the guidelines for presentation of a forecast established by the American Institute of Certified
Public Accountants, which is described in the following paragraph. Furthermore, there will usually
be differences between the forecasted and actual results, because events and circumstances
frequently do not occur as expected, and those differences may be material. We have no
responsibility to update this report for events and circumstances occurring after the date of this
report.
As discussed in Note 4, the forecast is presented on the cash basis of accounting, whereas the
historical financial statements for the forecast period are expected to be presented in conformity
with generally accepted accounting principles on the accrual basis for government wide statements
and the modified accrual basis for individual fund financial statements for all funds of the District
by fund type. Guidelines for presentation of a forecast established by the American Institute of
Certified Public Accountants require disclosure of the differences resulting from the use of a
different basis of accounting in the forecast than that expected to be used in the historical financial
statements for the period. Accordingly, if the AICPA presentation guidelines were followed, the
forecast would indicate that the presentation reflects — surplus cash balances and the cash received
and disbursed rather than fund balances and the revenue and expenditures that would be recognized
under generally accepted accounting principles based on the accrual basis and the modified accrual
basis of accounting.
(ter.__dam-• L L A
Greenwood Village, Colorado
September 30, 2004
Offices In 13 states and Washington,DC HLB International
I ) 1 ) 1 1 1 I 1 1 I I 1 1 I 1 I 1 )
TIIE PEAKS METROPOLITAN DISTRICT
(IN THE FORMATION STAGE OF DEVELOPMENT)
I Page 2 i
FORECASTED SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS
GENERAL AND DEBT SERVICE FUNDS ONLY
SUMMARY-GENERAL FUND
AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2039
-
Cash Receipts Cult Disbursements Cash Balances
-
General Net Specific Annual Administrative Annual Cumulative
Total Fund Property Ownership Developer Interest Total Costs Total Surplus Surplus
Collection Assessed Mill Taxes Taxes Contributions Income Cash $33,500 Cash Cash Cash Collection
Year Value • Levy for as Receipts Inflated by Disbursements (Deficit) Balances Year
_ (Sc.Page 5) 9800% 10.00% Administrative 2.00% _ 1.00%
2004 0 0.000 0 0 0 0 0 0 0 0 0 2004
2005 0 0.000 0 0 33,500 0 33.500 33,500 33.500 0 0 2005
2006 0 0.000 0 0 34,000 0 34900 33935 33,835 165 165 2006
2007 100,050 5.000 490 49 34.000 3 34,542 34,173 34,173 369 534 2007
2008 )65,955 5.000 3,753 3]5 30,500 11 34,639 34,515 )4,315 124 658 2008
2009 2.184,824 5.000 10,707 1,071 23,500 13 35,291 34,860 34,860 431 1,088 2009
2010 3,999.153 5.000 19,5% 1960 14,000 22 35,578 35209 35.209 369 1,457 2010
2011 5,873,59] 5.000 28.781 2,8]8 4,000 29 35,688 35,561 35.561 127 1,585 2011
2012 6,792,632 5.000 33,284 3,328 32 36,644 35,917 35.917 727 2,312 2012
2013 ].354,550 5.000 36,037 3,604 46 39.68] 36,2]6 36,276 3,411 5,723 2013
2014 7,501,641 5.000 36,758 3.676 114 40.548 36,638 36,638 3,910 9,633 2014
2015 7,501,641 5.000 36,758 3,676 193 40,627 37,005 3],05 3,622 13,255 2015
2016 7.651,674 5.000 37,493 3,749 265 41,50] 37.375 37,375 4,132 17.38] 2016
2017 7,651,6]4 5.000 37,493 3,749 348 41,590 37.749 3],749 3.841 21,229 2017
2018 7,804,]07 5.000 38243 3,824 425 42,492 38,126 38.126 4,366 25,594 2018
2019 ],804,707 5.000 38,243 3.824 512 42,579 38.50] 38,507 4,072 29,666 2019
2020 7,960.802 5000 39,008 3,901 593 43,502 38,892 38,892 4,610 34.276 2020
2021 7,960,802 5.000 39,008 3,901 686 43,595 39.281 39.281 4.314 38,589 2021
2022 8,120.018 5.000 39,788 3,979 772 44,539 39,674 39,674 4,865 43,454 2022
2023 8,120,018 5.000 39,788 3,979 869 44,636 40.0]1 40,071 4,565 48,019 2023
2024 8282,418 . 5.000 40,584 4,058 960 45,602 40,472 404]2 5,130 53,149 2024
2025 8,282,418 5.000 40,584 4.058 1,063 45,]05 40.876 40,876 4,829 57,9]8 2025
2026 8,448,066 5.000 41,396 4,140 1,160 46,696 41.285 41.285 5.411 63,389 2026
2027 8,448,066 5.000 41,3% 4,140 1,268 46,804 41.698 41,698 5,106 68,495 2027
2028 8617.028 5.000 42,223 4,222 1270 47,815 42,115 42,115 5,70 74,195 2028
2029 8,617028 5.000 42223 4,222 1.484 47.929 42.536 42.536 5.393 79,588 2029
2030 8,789.368 5.000 43,068 4,307 1,592 48,%] 42.961 42,961 6,006 85,593 2030
2031 8,]89,368 5.000 43.068 4,307 1,712 49,087 43,391 43,391 5,696 91,289 2031
2032 8,965,156 5.000 43,929 4,393 1826 50,148 43,825 43.825 6.323 97,612 2032
2033 8,965,156 5.000 43,929 4,393 1,952 50.274 44,263 44263 6,011 103,623 2033
2034 9,144.459 5.000 44,808 4,481 2,072 51,361 44,706 44,706 6,655 110.278 2034
20)5 9,144,459 5.000 44,808 4,481 2206 51,495 45,153 45,153 6,342 116.620 2035
2036 9,327,348 5.000 45,704 4,570 2.332 52,606 45,604 45.604 7,002 123,622 2036
2037 9.327,348 5.000 45204 4,570 2.472 52,746 46,061 46.061 6.685 130,307 2037
2038 9,513,895 5.000 46,618 4,662 2.606 53986 46.521 46,521 7,365 137672 2038
2039 9,513,895 5.000 46,618 4,662 2.753 54.033 46.986 46,986 7,047 144,719 2039
1,211 688 121,189 173.500 33,761 1.540,338 1.395,619 1.395.619 144,719
This financial information should be read only in connection with the accompanying Summary of Significant forecast Assumptions and Accounting Policies and Accountant's Repon.
I ) I ) 1 I I I I I I I I ) I I 1 1
TIDE PEAKS METROPOLITAN DISTRICT
(IN THE FORMATION STAGE OF DEVELOPMENT)
I Page 3 j
FORECASTED SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS
GENERAL AND DEBT SERVICE FUNDS ONLY
SUMMARY-DEBT SERVICE FUND
AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2039
Casa Recaps Cash Balances
Debt Net Specific Total Cumulative Net Net Total Annual Cumulative
Total Service Property Ownership Interest Annual Cash Debt Service Debt Service Bonds Surplus Fund Cash Surplus Surplus
Collection Assessed Fund Taxes Taxes Income Cash Available on on Transfer to Cumulative Maximum Debt to Disbursements Cash Cash Collection
Year Value Mill at Receipts for 2006 Bonds 2009 Bonds (Release dam) Surplus Balance Assessed (Deficit) Balances Year
(Sec Page 5)- Levy 98.00% 10.00% 2.00%, _ Debt Service (Sec Page 6) (See Page e) Surplus Fund Balance Ratio
2004 2004
2005 0.000 0 0 0 0 0 0 100,000 Na 0 2005
2006 0.000 0 0 0 0 0 0 0 100000 Na 0 2006
2007 100.05 30.000 2,941 294 3,235 3,235 0 3.235 3235 100.000 1199% 3,235 2007
2008 765,95 30000 22.519 2,252 24771 24,771 0 24,771 28,006 100,000 15700. 24,771 2008
2009 2,184,82 30.000 64234 6,423 70,657 70,657 0 0 70,657 98,663 100,000 139% 70,657 2009
2010 3,999,15 30.000 117,575 11,758 129,333 129.333 90,000 0 1.337 100,000 100,000 76% 91,337 37,996 37,996 2010
2011 5.873,59 30000 172,684 17,268 760 190,712 228.708 90,000 29,400 0 100,000 100,000 52% 119,400 71,31 10930 2011
2012 6792,63 30.000 199703 19,970 2,186 221,859 331.167 90,000 128,800 (100,000) 0 45% 118,800 103,05 212,36 2012
2013 7,354,55 30.000 216224 21,622 4207 242,093 454,460 100,000 138,800 0 0 41% 238,800 3,29 215,660 2013
2014 7,501,641 30.000 220,548 22,055 1,3❑ 246,916 462,576 99250 138,100 40% 237,350 9,566 225,22 2014
2015 7,501.641 30000 220548 22,055 4,505 247,108 472,334 103,500 137,400 39% 240,900 6,208 231,43 2015
2016 7,651,674 30.000 224,959 22,4% 4,629 252,084 483,518 102,375 136,700 38% 239.075 13,009 244,44 2016
2017 7,651.674 30.000 224,959 22,496 4,889 252,341 496,787 106,250 141,000 38% 247.250 5,094 249,5J 2017
2018 7,804,707 30000 229,458 22,946 4,991 257395 506.932 104,750 139,950 37% 244,700 12,695 262,23_ 2018
2019 7,804,707 30.000 229,458 22,946 5,245 257.649 519.881 108,250 143,900 36% 252,150 5,499 267,731 2019
2020 7,960,802 30.000 234048 23,405 5,355 262,808 530539 106375 142.500 35% 248,875 13.933 281,664 2020
2021 7.960802 30.000 234,048 23,405 5,633 263086 544.750 109.500 146,100 34% 255,600 7,486 289,150 2021
2022 8,120,018 30.000 238729 23,873 5,783 268,385 557,535 107250 149350 33% 256.600 11,785 300,935 2022
2023 8,120,018 30.000 238,729 23,873 6,019 268,621 569356 110,000 152250 32% 262.250 6,371 307,306 2023
2024 8282,418 30.000 243.503 21,350 6,146 273,999 581,305 112,375 149,800 30% 262,175 11,824 319.130 2024
2025 8282,418 28.000 227270 22,727 6,383 256,380 575.510 114,375 152350 29% 266,725 (10,345) 308,785 2025
2026 8448,066 28.000 231,815 23,182 6,176 261,173 569,958 116,000 149,550 27% 265,550 (4.377) 304,408 2026
2027 8,448,066 28.000 231,815 23.182 6,088 261,085 565493 117,250 156,750 26% 274,000 (12,915) 291,493 2027
2028 8,617,028 28.000 236451 23,645 5,830 265.926 557,419 118,125 153,250 24% 271,375 (5,449) 286,044 2028
2029 8,617,028 28.000 236.451 23,645 5,721 265,817 551,861 118,625 159,750 23% 278,375 (12,558) 273,486 2029
2030 8789,368 28.000 241,180 24.118 5,470 270,768 544,254 118,750 155,550 21% 274,300 (3,532) 269,954 2030
2031 8,789.368 28.000 241,180 24.118 5,399 270,698 540,652 123,500 156,350 19% 279,850 (9,152) 260,802 2031
2032 8,%5,156 27.000 237,218 23,722 5,216 266,158 526,960 122,500 161,800 17% 284,300 (18,142) 242,660 2032
2033 4%5,156 27.000 237218 23,722 4,853 265,7% 508,456 121,12 166,550 15% 287,675 (21,879) 220,781 2033
2034 9.144.459 27.000 241,962 241% 4,416 270,578 491,359 124,37 165,600 12% 289,975 (19,397) 201,384 2034
2035 9,144.459 26.000 233,001 23,300 4,028 260334 461,718 126,87 164,300 10% 291,175 (30.841) 170.543 2035
2036 9,327,348 26.000 237,661 23766 3.111 264,844 035,387 123,62 167,650 8% 291,275 (26,431) 144.112 2036
2037 9,327.348 25.000 228,520 22.852 2,882 254261 398,373 300,300 6% 300,300 (46,039) 98,073 2037
2038 9,513,895 25000 233,090 2,309 1,961 258,368 356,441 298,150 3% 298,150 (39782) 58291 2038
2039 9,513,895 24.500 228,429 22.843 1,166 252,447 310,738 304.950 0% 304,950 (52.503) 5.788 2039
6,858,128 685,814 133.701 7,677,688 2.985.000 4,686,900 0 I 7,671,900 5,788
This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and Accountant's Repon.
I 1 ) ) ) ) I I 1 I I I I I ) 1 I I 1
THE PEAKS METROPOLITAN DISTRICT
(IN THE FORMATION STAGE OF DEVELOPMENT)
Page 4
FORECASTED SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS
GENERAL AND DEBT SERVICE FUNDS ONLY
SCHEDULE OF ESTIMATED ASSESSED VALUATION
(Page I of 2 - Continued on Page 5)
AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2039
TOTAL RESIDENTIAL UNITS
Single-Family Homes Townhomes TOTAL RESIDENTIAL UNITS Est.Biennial Cumulative Estimated
Est.Market Annual Est.Market Annual Annual Annual Revaluation Market Residential RESIDENTIAL
Construction Collection Number of Value per Value Number of Value per Value Number of New Value of New per State Value Assessment ASSESSED
Year Year Dwelling Unit of New Dwelling Unit of New Residential Residential Statute at of New Ratio VALUATION
Units $230,000 Units Units 5150,000 Units Units Units 2.00% Units
Inflation compounded annually on base price at 2.00% 2.00%
2004 2006 230,000 150,000 0 0 0 0 7.96% 0
2005 2007 234,600 153,000 0 0 0 7.96% 0
2006 2008 15 239292 3,589,380 156,060 0 15 3,589,380 0 3,589,380 7.96% 285,715
2007 2009 72 244,078 17,573,604 159,181 0 72 17,573,604 21,162,984 7.96% 1,684,574
2008 2010 75 248,959 18,671,955 162,365 0 75 18,671,955 423,260 40,258,199 7.96% 3,204,553
2009 2011 80 253,939 20,315,087 60 165,612 9,936,727 140 30,251,814 70,510,013 7.96% 5,612,597
2010 2012 259,017 0 60 168,924 10,135.462 60 10.135,462 1,410.200 82,055,675 7.96% 6,531,632
2011 2013 264,198 0 60 172,303 10,338,171 60 10,338,171 92,393,846 7.96% 7.354,550
2012 2014 269.482 0 175,749 0 1,847,877 94,241,723 7.96% 7,501,641
2013 2015 274,871 0 179,264 0 94,241,723 7.96% 7,501,641
2014 2016 1,884,834 96,126,557 7.96% 7,651.674
2015 2017 96,126,557 7.96% 7,651,674
2016 2018 1,922,531 98,049,088 7.96% 7,804.707
2017 2019 98,049,088 7.96% 7,804,707
2018 2020 1,960,982 00,010,070 7.96% 7,960,802
2019 2021 00.010,070 7.96% 7,960,802
2020 2022 2,000,201 02,010,271 7.96% 8,120,018
2021 2023 02,010,271 7.96% 8,120,018
2022 2024 2,040,205 04,050,476 7.96% 8,282,418
2023 2025 04,050,476 7.96% 8,282,418
2024 2026 2,081.010 06,131,486 7.96% 8,448,066
2025 2027 06,131,486 7.96% 8,448,066
2026 2028 2,122,630 08,254,116 7.96% 8,617,028
2027 2029 08,254,116 7.96% 8.617,028
2028 2030 2,165,082 10,419,198 7.96% 8,789,368
2029 2031 10,419,198 7.96% 8,789,368
2030 2032 2,208,384 12,627,582 7.96% 8,965,156
2031 2033 12,627,582 7.96% 8,965,156
2032 2034 2,252,552 14,880,134 7.96% 9,144,459
2033 2035 14,880,134 7.96% 9,144,459
2034 2036 2,297,603 17,177,737 7.96% 9,327,348
2035 2037 17.177,737 7.96% 9,327,348
2036 2038 2,343,555 19,521,292 7.96% 9,513.895
2037 2039 19,521,292 7.96% 9,513,895
242 60,150,026 180 30,410,360 422 90,560,386 28,960,906
This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and Accountant's Report.
1 I I I I I I I I I I I I I ) } I I
TIIE PEAKS METROPOLITAN DISTRICT
(IN THE FORMATION STAGE OF DEVELOPMENT)
Page 5
FORECASTED SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS
GENERAL AND DEBT SERVICE FUNDS ONLY
SCHEDULE OF ESTIMATED ASSESSED VALUATION
(Page 2 of 2 - Continued from Page 4)
AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2039
Undeveloped Residential Land
Single-Family Homes Townhomes Annual Cumulative Estimated
Platted& Less: Annual Platted& Less: Annual Market Market Land LAND RESIDENTIAL TOTAL
Construction Collection Developed Lots Lots Actual Developed Lots Lots Actual Value of Value of Assessment ASSESSED ASSESSED ASSESSED Collection
Year Year $230,000 Used Value $150,000 Used Value Undeveloped Undeveloped Ratio VALUATION VALUATION VALUATION ,Year
10.00% 10.00% Land Land (See Page 4)
2004 2006 0 0 0 0 0 0 0 0 29.00% 0 0 0 2006
2005 2007 345,000 0 345,000 0 0 0 345,000 345,000 29.00% 100,050 0 100,050 2007
2006 2008 1,656,000 (345,000) 1,311,000 0 0 0 1,311.000 1,656,000 29.00% 480,240 285,715 765,955 2008
2007 2009 1,725,000 (1,656,000) 69,000 0 0 0 69,000 1,725.000 29.00% 500,250 1,684,574 2,184.824 2009
2008 2010 1,840,000 (1,725.000) 115,000 900,000 0 900,000 1,015,000 2,740,000 29.00% 794,600 3,204,553 3,999,153 2010
2009 2011 0 (1,840,000) (1,840,000) 900,000 (900,000) 0 (1,840,000) 900,000 29.00% 261,000 5,612,597 5,873,597 2011
2010 2012 0 0 0 900,000 (900,000) 0 0 900,000 29.00% 261,000 6,531,632 6,792,632 2012
2011 2013 0 0 0 0 (900,000) (900,000) (900,000) 0 29.00°% 0 7,354,550 7,354.550 2013
2012 2014 0 0 0 0 0 0 0 0 29.00°. 0 7,501,641 7,501,641 2014
2013 2015 0 0 0 0 0 0 0 0 29.00°. 0 7,501,641 7,501,641 2015
2014 2016 0 29.00% 0 7,651,674 7,651.674 2016
2015 2017 0 29.00°0 0 7,651,674 7,651,674 2017
2016 2018 0 29.00% 0 7,804,707 7,804,707 2018
2017 2019 0 29.00% 0 7,804,707 7,804.707 2019
2018 2020 0 29.00°/. 0 7,960,802 7,960,802 2020
2019 2021 0 29.00°/ 0 7,960,802 7,960,802 2021
2020 2022 0 29.00°/. 0 8,120,018 8,120,018 2022
2021 2023 0 29.00% 0 8,120,018 8,120,018 2023
2022 2024 0 29.00/s 0 8,282,418 8,282,418 2024
2023 2025 0 29.00% 0 8,282,418 8,282,418 2025
2024 2026 0 29.00% 0 8,448,066 8,448,066 2026
2025 2027 0 29.00°/. 0 8,448,066 8,448,066 2027
2026 2028 0 29.00°/. 0 8,617,028 8,617,028 2028
2027 2029 0 29.00°% 0 8,617,028 8,617.028 2029
2028 2030 0 29.00°/. 0 8,789,368 8,789,368 2030
2029 2031 0 29.00% 0 8.789.368 8,789,368 2031
2030 2032 0 29.00% 0 8,965,156 8,965,156 2032
2031 2033 I 0 29.00% 0 8,965,156 8,965,156 2033
2032 2034 0 29.00% 0 9,144,459 9,144,459 2034
2033 2035 0 29.00% 0 9,144,459 9,144,459 2035
2034 2036 0 29.00% 0 9,327.348 9.327,348 2036
2035 2037 0 29.00°/. 0 9,327,348 9,327,348 2037
2036 2038 0 29.00% 0 9.513.895 9,513,895 2038
2037 2039 0 29.00°% 0 9,513,895 9.513,895 2039
5,566,000 (5,566,000) 0 2,700,000 (2,700,000) 0
This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and Accountant's Report.
THE PEAKS METROPOLITAN DISTRICT
(IN THE FORMATION STAGE OF DEVELOPMENT)
..' Page 6
FORECASTED SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS
GENERAL AND DEBT SERVICE FUNDS ONLY
.-
SCHEDULE of ESTIMATED BOND DEBT SERVICE REQUIREMENTS
AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2039
Series 2006 Bond Issue
Dated: December 1,2006 51,200,000
Issued: December 1,2006
Interest Rate: 7.500% Principal payments due on Dec. 1.
Reduce Debt Net 2006
Outstanding Total 2006 Service By Bonds
Principal Bonds Capitalized Debt Service
Year Principal Coupon Interest Balance Debt Service Interest Payments Year
(See Page 7)
2006 0 ,200,000 0 0 0 2006
2007 7.500% 90,000 .200,000 90,000 (90,000) 0 2007
2008 7.500% 90,000 200,000 90,000 (90,000) 0 2008
2009 7.500% 90,000 200,000 90,000 (90,000) 0 2009
2010 7.500% 90,000 ,200,000 90,000 90,000 2010
2011 7.500% 90,000 .200,000 90,000 90,000 2011
2012 7.500% 90,000 ,200,000 90,000 90,000 2012
2013 10,000 7.500% 90,000 .190,000 100,000 100,000 2013
2014 10,000 7.500% 89,250 ,180.000 99,250 99,250 2014
2015 15,000 7.500% 88,500 ,165,000 103,500 103,500 2015
2016 15,000 7.500% 87,375 ,150,000 102,375 102,375 2016
-
2017 20,000 7.500% 86,250 ,130,000 106,250 106,250 2017
2018 20,000 7.500% 84,750 ,110,000 104,750 104.750 2018
2019 25,000 7.500% 83,250 .085,000 108,250 108,250 2019
2020 25,000 7.500% 81,375 ,060,000 106,375 106,375 2020
2021 30,000 7.500% 79,500 ,030,000 109,500 109,500 2021
2022 30,000 7.500% 77,250 ,000,000 107,250 107,250 2022
2023 35,000 7.500% 75,000 965,000 110,000 110,000 2023
2024 40,000 7.500% 72,375 925,000 112,375 112,375 2024
-- 2025 45,000 7.500% 69,375 880,000 114,375 114,375 2025
2026 50,000 7.500% 66,000 830,000 116,000 116,000 2026
2027 55,000 7.500% 62,250 775,000 117,250 117,250 2027
2028 60,000 7.500% 58,125 715,000 118,125 118,125 2028
2029 65,000 7.500% 53,625 650,000 118,625 118,625 2029
2030 70,000 7.500% 48,750 580,000 118,750 118,750 2030
2031 80,000 7.500% 43,500 500,000 123,500 123,500 2031
2032 85,000 7.500% 37,500 415,000 122,500 122,500 2032
2033 90,000 7.500% 31,125 325,000 121,125 121,125 2033
.-
2034 100,000 7.500% 24,375 225.000 124,375 124,375 2034
2035 110,000 7.500% 16,875 115,000 126,875 126,875 2035
2036 115,000 7.500% 8,625 0 123,625 123,625 2036
,,_ 1,200,000) I 2,055,000 1 3,255,0001 (270,000) 2,985,000
USE OF PROCEEDS'
Developer Reimbursement 891,204
Capitalized Interest 260,796 Interest at 2.000%
Issuance Costs 48,E
$1,200,000
This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and
—
Accountant's Report.
r
I I I 1 1 I I I I I I I I I I 1 I I 1
THE PEAKS METROPOLITAN DISTRICT
(IN THE FORMATION STAGE OF DEVELOPMENT)
Page 7
FORECASTED SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS
GENERAL AND DEBT SERVICE FUNDS ONLY
SCHEDULE OF CAPITALIZED BOND INTEREST
AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2039
CALCULATION of CAPITALIZED INTEREST on SERIES 2006 BOND
ISSUANCE
Beginning Capitalized Interest at Disbursements Ending
Date Balance Interest 2.000% To Debt Service Balance
(See Page 6) (See Page 6)
12/01/2006 0 260,796 260,796
6/01/2007 260,796 2,608 (45,000) 218,404
12/01/2007 218,404 2,184 (45,000) 175,588
6/01/2008 175,588 1,756 (45,000) 132,344
12/01/2008 132,344 1,323 (45,000) 88,667
6/01/2009 88,667 887 (45,000) 44,554
12/01/2009 44,554 446 (45,000) 0
260,796 9,204 (270,000)
This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and
Accounting Policies and Accountant's Report.
THE PEAKS METROPOLITAN DISTRICT
(IN THE FORMATION STAGE OF DEVELOPMENT)
— Page 8
FORECASTED SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS
GENERAL AND DEBT SERVICE FUNDS ONLY
— SCHEDULE of ESTIMATED BOND DEBT SERVICE REQUIREMENTS
AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2039
Series 2009 Bond Issue
Dated: December I,2009 $1,840,000
Issued: December I,2009
Interest Rate: 7.000%
Principal payments due on Dec. I.
Reduce Debt Net 2009
Outstanding Total 2009 Service By Bonds
Principal Bonds Capitalized Debt Service
Year Principal Coupon Interest Balance Debt Service Interest Payments Year
(See Page 9)
2009 1,840,000 0 0 0 2009
-- 2010 7.000% 128,800 1,840,000 128,800 (128,800) 0 2010
2011 7.000% 128,800 1,840,000 128,800 (99,400) 29,400 2011
2012 7.000% 128,800 1,840,000 128,800 128,800 2012
2013 10,000 7.000% 128,800 1,830,000 138,800 138,800 2013
- 2014 10,000 7.000% 128,100 1,820,000 138,100 138,100 2014
2015 10,000 7.000% 127,400 1,810,000 137,400 137,400 2015
2016 10,000 7.000% 126,700 1,800,000 136,700 136,700 2016
2017 15,000 7.000% 126,000 1,785,000 141,000 141,000 2017
2018 15,000 7.000% 124,950 1,770,000 139,950 139,950 2018
_
2019 20,000 7.000% 123,900 1,750,000 143,900 143,900 2019
2020 20,000 7.000% 122,500 1,730,000 142,500 142,500 2020
2021 25,000 7.000% 121,100 1,705,000 146,100 146,100 2021
2022 30,000 7.000% 119,350 1,675,000 149,350 149,350 2022
2023 35,000 7.000% 117,250 1,640,000 152,250 152,250 2023
2024 35,000 7.000% 114,800 1,605,000 149,800 149,800 2024
2025 40,000 7.000% 112,350 1,565,000 152,350 152,350 2025
2026 40,000 7.000% 109,550 1,525,000 149,550 149,550 2026
.- 2027 50,000 7.000% 106,750 1,475,000 156,750 156,750 2027
2028 50,000 7.000% 103,250 1,425,000 153,250 153,250 2028
2029 60,000 7.000% 99,750 1,365,000 159,750 159,750 2029
2030 60,000 7.000% 95,550 1,305,000 155,550 155,550 2030
_ 2031 65,000 7.000% 91,350 1,240,000 156,350 156,350 2031
2032 75,000 7.000% 86,800 1,165,000 161,800 161,800 2032
2033 85,000 7.000% 81,550 1,080,000 166,550 166,550 2033
2034 90,000 7.000% 75,600 990,000 165,600 165,600 2034
2035 95,000 7.000% 69,300 895,000 164,300 164,300 2035
2036 105,000 7.000°% 62,650 790,000 167,650 167,650 2036
2037 245,000 7.000% 55,300 545,000 300,300 300,300 2037
2038 260,000 7.000% 38,150 285,000 298,150 298,150 2038
2039 285,000 7.000% 19,950 0 304,950 304,950 2039
-
1,840,000 I L 3,075,100 I 4,915,100 (228,200) 4,686,900
USE OF PROCEEDS: .
Developer Reimbursement 1,543,366
Capitalized Interest 223,034 Interest at 2.000%
Issuance Costs 73,600
- $1,840,000
This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and
Accountant's Report.
► I ► i 1 1 I I I 1 I ► ► 1 1 1 ► 1 1
THE PEAKS METROPOLITAN DISTRICT
(IN THE FORMATION STAGE OF DEVELOPMENT)
Page 9
FORECASTED SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS
GENERAL AND DEBT SERVICE FUNDS ONLY
SCHEDULE OF CAPITALIZED BOND INTEREST
AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2039
CALCULATION of CAPITALIZED INTEREST on SERIES 2009 BOND
ISSUANCE .
Beginning Capitalized Interest at Disbursements Ending
Date Balance Interest 2.000% To Debt Service Balance
(See Page 8) (See Page 8)
12/01/2009 0 223,034 . 223,034
6/01/2010 223,034 2,230 (64,400) 160,864
12/01/2010 160,864 1,609 (64,400) 98,073
6/01/2011 98,073 981 (64,400) 34,654
12/01/2011 34,654 346 (35,000) 0
6/01/2012 0 0 0
12/01/2012 0 0 0
223,034 5,166 (228,200)
•
This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and
Accounting Policies and Accountant's Report.
THE PEAKS METROPOLITAN DISTRICT
(In the Formation Stage of Development)
SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS
AND ACCOUNTING POLICIES
September 30, 2004
NOTE 1) NATURE AND LIMITATION OF FORECAST
This forecast of financial information is for the purpose of a financial analysis of the proposed
financial plan of The Peaks Metropolitan District (the "District") (in the Formation Stage of
Development), located in the City of Dacono (the "City") in Weld County, Colorado. It is to
display how the proposed facilities and services are currently anticipated to be provided and
financed.
This financial forecast presents, to the best knowledge and belief of the Petitioners of the
District, the District's expected cash position and results of cash receipts and disbursements for
the forecasted periods. Accordingly, the forecast reflects Management's judgement, as of
September 30, 2004, the date of this forecast, the expected conditions within the District and the
District's expected course of action.
The assumptions disclosed herein are those that Management believes are significant to the
forecast, however, they are not all-inclusive. There will usually be differences between
forecasted and actual results, because events and circumstances frequently do not occur as
expected, and those differences may be material.
The forecast is expressed in terms of 2004 dollars, with the only adjustments for inflation as
follows. The market values of residential properties are forecasted to increase 2% per year,
starting in 2005 through build-out. The market values of residential properties are forecasted to
increase 2% biennially pursuant to the reassessment of property required by State statute. The
residential assessment ratio is assumed to remain constant for collection year 2004 and beyond,
based upon information as explained in Note 5. The assessment ratio for raw ground and
developed lots is assumed to remain at a constant 29% for the entire forecast period in
accordance with historical trends. Administrative costs in the General Fund are assumed to
increase by I% per year beginning in 2006.
NOTE 2) ORGANIZATION
The Petitioners for the formation of the District, a quasi-municipal corporation and political
subdivision of the State of Colorado, are in the process of organization. The District will be
governed pursuant to provisions of the Colorado Special District Act (Title 32). The District will
operate under a service plan approved by the City. The District's service area contains
approximately 73.281 acres of real property located entirely in Weld County, Colorado, within
the City. The District is being established primarily to provide financing for streets, street
lighting, traffic and safety controls, water, landscaping, storm drainage, and park and recreation
improvements needed for the area. The operation and maintenance of these services and
facilities is anticipated to be provided by the City or other entities, and not by the District.
Page 10
THE PEAKS METROPOLITAN DISTRICT
(In the Formation Stage of Development)
— SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS
AND ACCOUNTING POLICIES
September 30, 2004
NOTE 2) ORGANIZATION (continued)
As set forth in this forecast, the District is forecasted to issue $3,040,000 of debt with two bond
issues. However, the Service Plan may have a higher debt amount to allow for an under estimate
of valuations in this forecast.
— Formation of the District is intended to be timed to allow for the proper legislative,judicial and
election process to be completed in order for the District's electors to be able to vote for the
authorization of debt and TABOR questions in November 2004, and to certify tax levies for tax
collections in 2007. The Petitioners expect the favorable approval at the election since they
constitute the majority of the current eligible electors within the proposed District's boundaries.
NOTE 3) PETITIONERS FOR FORMATION
The Petitioners for Formation of the District are landowners, principals or employees of the
major property owner of the land included within the boundaries of the District. The major
landowner, as well as, the developer of the District is Silver Peaks Development, LLC, a
Colorado limited liability company (the "Developer"). The Developer anticipates developing
approximately 73.281 acres within the District.
The Developer has provided the information regarding the number of units estimated to be built
each year and the initial sales values for the residential properties to be developed in the District,
based upon their knowledge and experience in developing other properties. The Developer
anticipates that sales values will be increased by 2% for each year beyond 2004. Platted and
developed lot values were estimated to be approximately 10% of residential market value (see
page 5).
NOTE 4) BASIS OF ACCOUNTING
The basis of accounting for this forecast is the cash basis, which is a basis of accounting that is
different from that allowed by the generally accepted accounting principles under which the
District will prepare its financial statements.
Page 11
THE PEAKS METROPOLITAN DISTRICT
(In the Formation Stage of Development)
SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS
AND ACCOUNTING POLICIES
September 30, 2004
NOTE 5) PROPERTY TAXES
The primary source of revenue or cash receipts will be ad valorem property taxes. Property taxes
are to be determined annually by the District's Board of Directors and set by County
Commissioners as to rate or levy based upon the assessed valuation of the property within the
District. The Weld County Assessor determines the assessed valuation. The levy is expressed in
terms of mills. A mill is 1/1,000 of the assessed valuation. The forecast assumes that the
District will be able to set its initial mill levy at 35 mills for collection in 2007, for the combined
purposes of debt service and administration. The initial mill levy for the Debt Service Fund is
forecasted to be reduced to lower levels in future years as displayed in the forecast.
The Gallagher Amendment states that residential assessed values Statewide must be
approximately 45% of total assessed values. When the market values of residential property
increase faster than the values of nonresidential property, the residential assessment ratio must
decline to keep the 45 percent/55 percent ratio.
According to information as set forth in the Colorado Legislative Council Staff Forecasts entitled
"Assessed Value and Property Tax Projections" issued in December 2003, the residential
assessment ratio is projected to decline from the current 7.96% in 2003 (for collection in 2004),
to 7.64% in 2005, 7.43% in 2007, and 7.13% in 2009. The projections of the Legislative Council
Staff are estimates only, do not have the force of law, and may or may not occur as projected.
This forecast has included the current residential assessment ratio of 7.96% effective for
collections in 2007 and throughout the term of the forecast period, since it is assumed that the
_ District's Board will increase the mill levy, to maintain a mill levy that produces tax revenue in
relation to current assessed valuation equivalent to revenue generated by the initial levy of 35
mills as forecasted for collection year 2007 ("Gallagher adjustment"). Per the District's Service
_ Plan, the Mill Levy cap for the combined purpose of debt service and administration is 50 mills,
as adjusted by the Gallagher adjustment.
_ The assessed valuation for the District is dependent upon the build-out schedule of the residential
properties within the District. Management of the District has based the estimate of build-out on
their forecasted build-out schedule. The forecasted development build-out schedule and
_ conversion to assessed valuation is presented as a schedule (see pages 4 through 5). The
assessed valuation rate for raw ground and developed lots is 29% until a home is constructed.
All residential property has been assumed to be assessed at the residential property rates as
explained above.
Page 12
THE PEAKS METROPOLITAN DISTRICT
(In the Formation Stage of Development)
SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS
AND ACCOUNTING POLICIES
September 30, 2004
^ NOTE 5) PROPERTY TAXES (continued)
Increases to valuation for platted and partially finished lots and for the development of
infrastructure within the District for developed lots held for build-out are included in the
forecasted assessed valuation. No assessed valuation has been assumed for State Assessed
property that may be owned by public utilities within the District.
The beginning assessed value of the land totaling 73.281 acres, which constitutes the District,
has been deemed to be immaterial for purposes of the forecast.
The property taxes resultant from the above mill levy and assessed valuation have been reduced
for the Weld County Treasurer's 1.5% fee for collection of the taxes, and further reduced by
0.5% to allow for uncollectible taxes.
NOTE 6) SPECIFIC OWNERSHIP TAXES
Specific ownership taxes are set by the State and collected by the County Treasurer, primarily on
vehicle licensing within the County as a whole. The specific ownership taxes are allocated by
the County Treasurer to all taxing entities within the County. The forecast assumes that the
District's share will be equal to approximately 10% of the total property taxes collected by the
General and Debt Service Funds.
_ NOTE 7) DEVELOPER ADVANCES
The forecast assumes that the Developer will advance funds needed for organizational and
_ construction costs to the District (see Note 11). To the extent that bond proceeds are available
for organizational and construction payments in any year, the Developer advance would be
reduced accordingly, In addition, to the extent that there are surplus cash balances that can be
_ applied towards reducing this Developer advance without creating future cash deficits, the
Developer advances will be reduced accordingly.
_ The forecast does not display cash receipts for Developer advances for construction costs and
bonds proceeds available for construction costs nor cash disbursements for construction costs.
Accordingly, the forecast assumes that any Developer advances for construction will be repaid
from bond proceeds and that construction costs will be funded by Developer advances and / or
bond proceeds. Any Developer advances, which cannot be reimbursed, will be treated as
Developer contributions. Under the terms of the Service Plan, the District may issue
construction financing notes to the Developer and such notes may not bear interest.
Page 13
THE PEAKS METROPOLITAN DISTRICT
(In the Formation Stage of Development)
— SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS
AND ACCOUNTING POLICIES
September 30, 2004
NOTE 8) DEVELOPER CONTRIBUTIONS
The forecast assumes that the Developer will contribute funds to the District for administrative
costs as shown on the summary page for the General Fund of the forecast.
NOTE 9) INTEREST INCOME
The forecast includes interest income earned on monies that are forecasted to be on deposit or
invested by the District at the prior year-end at an interest rate of 2%. Additional interest earned
on deposits from bond proceeds, for payment of bond interest expense during an initial period
(capitalized interest), has been included in the debt service schedule at 2%. The calculation of
this interest is also shown as separate Schedule of Capitalized Bond Interest (see pages 7 and 9).
NOTE 10) ADMINISTRATIVE DISBURSEMENTS
Administrative expenditures include the services necessary to maintain the District's
administrative viability such as legal, accounting and audit, general engineering, insurance,
banking, meeting expense, and other administrative expenses. Administrative costs have been
included in the forecast at $33,500 in 2005. Beginning in 2006, these disbursements have been
increased for inflation by 1% per year throughout the term of the forecast. These administrative
services are necessary as long as bonds are outstanding throughout the life of the District.
NOTE 11) INFRASTRUCTURE IMPROVEMENTS
The estimated cost of the capital infrastructure improvements to be funded under this draft
Service Plan is $4,752,373, as expressed in 2004 dollars. The forecast assumes that the
Developer will advance funds for all infrastructure costs and be reimbursed from bond proceeds
to the extent bonds can be issued, which may be less than the total eligible costs (see Note 7).
Page 14
THE PEAKS METROPOLITAN DISTRICT
(In the Formation Stage of Development)
SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS
AND ACCOUNTING POLICIES
September 30, 2004
NOTE 11) INFRASTRUCTURE IMPROVEMENTS (continued)
The capital infrastructure costs per the engineering estimate exceed the amount that can be
reimbursed to the Developer under this Plan. Management expects that the District will allow
the Developer to: either advance funds to the District; or to actually construct the improvements
under the District's supervision, for reimbursement by the District upon completion of the
improvements to the extent bondable; or to contribute funds to the District, should costs exceed
the District's capacity for repayment of such costs. The reimbursement of any additional costs is
subject to the District's authorized indebtedness and other revenue available to the District. The
amount of infrastructure costs not bondable within the limits of the proposed Service Plan would
remain a responsibility of the Developer. There may be additional construction costs in the
future.
NOTE 12) DEBT SERVICE
The District anticipates issuing general obligation bonds on December 1, 2006, in the amount of
$1,200,000 and on December 1, 2009, in the amount of$1,840,000. The proceeds of such debt
will be used for issuance costs, capitalized interest, and to fund the cost of capital infrastructure
improvements or to reimburse the Developer for the advancement of those funds, to the extent
possible (see Note 7). The bonds are assumed to bear interest at an estimated rate of 7.50% for
the Series 2006 Bonds, and at 7% for the Series 2009 Bonds. The bond interest is payable semi-
annually on June 1 and December 1, with annual principal payments on December 1 of each
year. The bonds anticipate starting interest repayments on June 1, 2007 for the Series 2006
Bonds, and on June 1, 2010 for the Series 2009 Bonds, and per the scheduled maturities are
payable over 30-year periods, with final payments on December 1, 2036 and 2039, respectively.
Prior to the date the Debt to Assessed Ratio is equal to 50% or less, Pledged Revenue that is not
needed to pay debt service on both the Series 2006 Bonds and Series 2009 Bonds in any year
will be deposited to and held in the Surplus Fund, up to a maximum amount of$100,000. The
forecast assumes that the Debt to Assessed Ratio will be less than 50% in 2012, at which time
the Surplus Fund will be terminated and any moneys therein applied to any legal purpose of the
District.
Assumptions related to debt principal amounts, bond interest rates, issuance costs, capitalized
_ interest amounts and related interest earned at 2%, and other related debt service costs for the
proposed Series 2006 Bonds and Series 2009 bonds have been provided to Management by
Kirkpatrick Pettis, the proposed underwriter of the proposed bond issuances of the District.
This information should be read in connection with the accompanying Accountant's Report
and forecast of financial information.
Page 15
■
DRM REAL ESTATE ADVISORS,LLC
September 29, 2004
Ms. Jennifer Gruber
Sander, Scheid, Ingebretsen, Miller and Parish PC
700 17`h Street, #2200
Denver, Colorado 80202
and
Mr. Steve Foley
Managing Member
Silver Peaks Development LLC
Dacono, Colorado
Re: Silver Peaks Residential Subdivision
(Proposed residential subdivision development
containing 242 single-family lots and 180 Townhomes)
SEQ of Interstate 25 Frontage Road and County Road #12
Dacono, Colorado
Dear Ms. Gruber and Mr. Foley:
I was engaged by Silver Peaks Development LLC to prepare an absorption analysis for
the above referenced property for development planning. Included in the study, I made
an estimate of the projected absorption for the development based on historical and
projected trends for the area.
Based on the analysis presented within this market study, I have projected a rate of
absorption for the subject's proposed 242-lots to be in the area of 75 to 90 lots annually.
The rate of absorption is based on historical and projected trends for the area as well as
the location of the property and the projected size of the single-family lots to be marketed
at the property(i.e., 5,000 square feet).
In addition, the subject development will encompass a total of 180 townhome units.
Based on the current level of Townhome absorption in the competitive market area,
which have averaged between 54 to 77 units per project annually(i.e., projects located in
other sections of Southern Weld County, and the City of Longmont), we would project a
reasonable absorption rate for the subject's proposed Townhome product to be
approximately 55 and 70 units annually.
4025 Automation Way,Unit F4 • Fort Collins,Colorado 80525
Phone (970) 267-2900 • Fax (970)530-0799
■
DRM REAL ESTATE ADVISORS, LLC
Please feel welcome to call anything at the numbers as they appear below if you have any
questions.
Respectfully submitted,
D REAL ESTATE ADVISORS, LLC
Derek R. aunsell, MAI
(970)214-8291 -Direct
Principal
Certified General Appraiser-State of Colorado CG40002154(12/31/04)
A N
Development
August 24, 2004
City Council
— City of Dacono
Post Office Box 186
Dacono, Colorado 80514
RE: DRM Real Estate Advisors, LLC Analysis of Absorption Potentials
Silver Peaks development
Dear City Council:
We have reviewed the above-referenced study conducted by DRM Real Estate Advisors,
LLC and support its findings. The Analysis of Absorption Potentials also satisfactorily confirms
our projections and we request that it be admitted as a part of The Peaks Metropolitan District
formation application.
Please do not hesitate to call with any questions you have about this correspondence.
Very truly yours,
SILVER PEAKS DEVELOPMENT, LLC, a Colorado
limited liability company
By: FS Land, LLC a Colorado limited liability
company, its Manager
CJ( µE`T'A
Robert C. Swenson, Manager
The Pcakvlcrvice Plan
JI(11011
0789.0003
932 WALNUT ST. LOl'i5V'IEEE,. ('U 23(1047
I'll (7_'(1) $OO-1L11 FAX (303) 005-0737
EXHIBIT H
Underwriter's Letter
Kirkpatrick Pettis
A Mutual of Omaha Company
August 24, 2004
City of Dacono
512 Cherry Street
PO Box 186
Dacono, CO 80514
RE: Proposed The Peaks Metropolitan District
To Whom It May Concern:
As part of the service plan approval process, you have asked about the relationship
between the investment bankers and the proposed The Peaks Metropolitan District. We
are engaged with the petitioners of the proposed District as described by the attached
Letter of Intent. We have the intention of serving as underwriters for the District's voter
authorized debt once sufficient credit support can be identified based on assessed value or
guarantees provided by the landowners. The structure represented in the financing plan
involves non-rated bonds issued to a third party, which we believe will be marketable
based on the growth assumptions also included in this plan. In this example, the debt
would be sold to institutional investors and secured by an escrow of bond proceeds which
would be released by lot as reimbursement to developers upon receipt of a building
permit.
You also requested an explanation of the level of credit risk associated with the types of
financing we are considering for this District. As with most start-up special Districts, this
District expects to market bonds to third parties to raise capital for infrastructure before
the entire project is complete. The level of risk taken by a bondholder and the interest
rate required for the financing decrease as development occurs. Our recent special district
underwritings vary, from bonds sold at 8% with land in the District sold to builders and
no homes constructed, to refunding bonds issued with most of the homes built at interest
rates of 5%with"AAA"rated insurance. In the case of"AAA" rated, insured bonds, the
underlying Districts generally have debt/AV ratios of 50%or less.
Because the financing in this District is intended to pay for public infrastructure, we issue
bonds as close to the time the infrastructure is needed as possible. While this does
increase the bondholders' risk, the bondholders understand that risk and are compensated
in the interest rate on the bonds. With regard to the Town's risk, we know of no example
where a City was implicated in special district default and see no legal argument for such
implication.
1600 Broadway,Suite 1100* Denver,CO 80202-4922 * 303-764-5737* 303-7645768*800-942-7557
FAX 303-764-5770 * Home Office: 10250 Regency Circle,Suite 400*Omaha,NE 68114* 800-776-5777
Member NASD&SIPC * ssharoakoso.com*tbishoo(a'koso.com
We hope this letter helps to clarify the financing alternative represented in the financing
plan and the current market for special district bonds. Please call if you have any
questions or require further clarification.
Sinc ely,
homas R. shop SamS;Sh
Senior Vice President Vice President
Kirkpatrick Pettis
,_ A Mutual of Omaha Company
-
SENT BY: PSI DEVELOPMENT; 3036890240; SEP-27.04 1 :59PM; PAGE 1/4
Kirkpatrick Pettis
A Mutual of Omaha Company
September 24,2004
Petitioners for The Peaks Metropolitan District
do Steve Foley
F.S.1. Development Inc.
6321 S. Newport Court
Englewood,CO 80111
RE: Letter of Intent—Proposed The Peaks Metropolitan District
Dear Petitioners:
The petitioners are in the process of organizing the proposed The Peaks Metropolitan
District(the "District"). Once the District is organized it is anticipated that the District
will authorize and issue improvement and/or refunding bonds(the "Bonds") pursuant to
voter-approved election questions. The Petitioners desire to engage the services of
_ Kirkpatrick Pettis regarding the sale of those bonds. This letter confirms the basis upon
which we intend to submit an offer to purchase the Bonds from the District after it is
organized.
Section 1. Arrangements Before Sale. There are several arrangements, which must be
made before any sale of bonds can occur. These arrangements include, but are not
_ limited to:
Developing a Plan of Finance. In concert with bond counsel and District
management, Kirkpatrick Pettis will prepare a plan of expected development,
future capital improvements, revenues,expenses,and debt repayment. Once such
a plan is prepared and approved by the Proposed Board, various debt structures
can be analyzed within the plan to determine what will work best for the District.
Strocturiyg, Once a financing structure has been selected by the Proposed
Board, the terms of the debt (such as the sources of payment, the nature of the
security, maturity schedule, the rights of redemption prior to maturity, etc.) must
be determined, taking into account both the interests of the District and the
expectations of investors.
Local Counsel, Legal counsel will be selected and engaged by the District to
prepare the legal proceedings necessary to authorize the debt, to assist in the
preparation of disclosure documents necessary to sell the securities, and to render
certain approving opinions when the securities are delivered. All fees and
1000 aroedMsy,sues 1100*Dew,CO 80202 *303.7646737*303-7644188* 800.42.7567
FAX 303.7645770*Hems Oflct 10250 Ragancy Circle,Sues 400*Omaha,NE 68114*800.778.5777 • '
Mond.**MA*r%1 AID/` •whom/Alms.news•164•14....0,1••• ra l'
SENT BY: FSI DEVELOPMENT; 3038890240
SEP•27.04 1 :59PM; PAGE 2/4
Me Peat Merrapo/lrarr District •
Page S oft •
-
9/24/2004
expenses of legal counsel selected hereunder shall be paid only from the proceeds
derived upon sale of the Bonds.
&SQL The ratings which may be obtained for the bonds are likely to have a
significant effect on the rates of interest at which the bonds can be sold. If it is
determined to be in the District's best interest to obtain these ratings,Kirkpatrick
Pettis will assist the District in preparing and submitting applications to the rating
agencies along with detailed information about the District, the debt and any
credit enhancement.
Credit Enhancement. By providing investors with a guarantee of timely
payments on the debt, for even a limited time period, the purchase of credit
enhancement can produce a net reduction in financing costs. Kirkpatrick Penis
will assist the District in investigating the availability of bond insurance, letters of
credit or other forms of credit enhancement and assist the District in determining
the cost effectiveness of these products.,
Disclosure to Investors. In connection with the issuance of bonds by the District
and the sale and delivery of securities to ultimate investors, material information
about the District and the transaction must be compiled in a disclosure document
for distribution to prospective purchasers. As set forth above under Legal
Counsel, the District will engage the services of counsel to assist in the
preparation of such disclosure documents and advise the District and Underwriter
about sales practices,regulatory requirements, and security matters. If disclosure
counsel is engaged as the District's counsel, Kirkpatrick Pettis, will expect to
receive the benefit of their 10(b)-S opinion as well.
In contemplation of submitting an offer to underwrite the bonds, we will assist the
District in makin=g these arrangements. By accepting this letter and accepting our
assistance in making these arrangements, the District will not incur any obligation except
to pay from the Bond proceeds the expenses as provided in Sections 4 and 6 of this letter.
Our active participation in making these arrangements should not and cannot be
construed by the District as a promise to underwrite the bonds or as an assurance that the
bonds can be sold.
Section 2. Underwriting At such time as the arrangements for the sale of the securities
have been successfully completed, it is our intention to submit for consideration by the
Petitioners our offer to underwrite the bonds. Our offer will be submitted in the form of
a bond purchase agreement and will set forth terms of the purchase such as the rates of
interest, the amount of any original issue premium or discount, our underwriting
compensation (not to exceed 2 percent of the principal amount of the bonds), and the
date and conditions for delivery of the bonds. Until the District accepts our offer, there
will be no obligation for this firm to purchase the bonds from the District. In
SENT BY: FSI DEVELOPMENT; 3036890240; SEP-27-04 2:00PM; PAGE 3/4
The PeaksMerropolnaor District
Paws 3 of 4
9/24/2004
consideration for our work performed pursuant to Section 1, above, the District agrees
that it will not consider other underwriting proposals unless Kirkpatrick Penis has first
declined to underwrite the transaction on terms and conditions acceptable to the District
Section 3. Remarketing, In the event that the District issues bonds that are remarketed
within their term, the District will have to engage a remarketing agent qualified to
remarket the bonds on each remarketing date. If an underwriting agreement is reached
between Kirkpatrick Penis and the District, Kirkpatrick Pettis will submit an offer to
serve as remarketing agent to the District for compensation not to exceed.25 percent of
the amount of bonds annually remarketed. In further consideration for our work
performed pursuant to Section 1, above, the District agrees that as long as Kirkpatrick
Pettis is the lead underwriter, it will provide Kirkpatrick Penis with the option to submit
a proposal to act as remarketing agent and that it will not consider other proposals to act
as remarketing agent unless and until the Kirkpatrick Pettis proposal for remarketing has
been rejected.
Section 4. Pavmeat oft a Expenses will be incurred to make the arrangements
for the sale of the bonds before their delivery and the receipt of proceeds by the District
but such expenses will not be obligations of the District unless advance authorization has
been obtained from the District. All of the expenses incurred in connection with the
authorization,sale, and delivery of the bonds,including rating application,letter of credit
fees and related expenses, insurance premiums, bond, disclosure and underwriter's
counsel and our out-of-pocket expenses for any travel outside of Colorado shall be paid
only from the proceeds derived upon sale of the Bonds.
Section S. Not an Offer to Buy. This letter of intent is opt an offer to purchase or a
guarantee that we will make an offer to purchase the District's bonds in the future. Our
offer to purchase,if made, will only be made by a bond purchase agreement prepared by
our counsel and reviewed by the District and its counsel after the successful conclusion
of the pre-sale arrangements described in Section 1 and the completion of other
preliminary matters. This letter serves to summarize the steps we hope will lead to an
underwriting of bonds at a fttture date at which time both Kirkpatrick Pettis and the
District will incur and assume additional obligations as set forth in the bond purchase
agreement.
Section 6. ?rivals Placement of Debt, If the District determines that a private
placement of debt to developer or other parties would be in its best interest, the District
agrees it will utilize the services of Kirkpatrick Pettis as an advisor for a fee not to
exceed 1%of the debt distributed. •
Section 7. Term of Letter Aereeorent. This letter agreement shall remain in full force
and effect until such time as the Proposed Board of Directors of the District, after formal 1 action by the Board, notifies Kirkpatrick Pettis in writing of its intent to terminate this A ,T •
- SENT 8V: FSI DEVELOPMENT; 3036890240; SEP-27-04 2:00PM; PAGE 4/4
•
nu,Peaks Manopollrrar Disk:
Page 4 q/4 -
9/24/2004
letter agreement, provided that no such action or notice shall be effective until atter
September 1, 2006. Kirkpatrick Pettis may resign as investment banker to the District by
providing written notification with no less than 60 days notice to the District.
Section a Acceatance. The petitioners or other authorized officers of the developer
may indicate their desire to proceed with the delivery of these investment banking
services upon the basis set forth in this letter by executing one copy of this letter and
returning it to us.
Respectfully submitted,
Kirkpatrick,Pettis,Smith,Pollan Ise. .
IAtic
Samuel R.S<
Thomas It. Bishop
First Vice President Senior Vice President
ACCEPTED this Allay of September 2004
Proposed The Peaks Metropolitan District
4Lvi . '
Authorized Ofrceta
EXHIBIT I
Legal Counsel Letter
SANDER SCHEID INGEBRETSEN
MILLER & PARISH, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
700 17T"STREET,SUITE 2200
DENVER,COLORADO 80202
PHONE: 303-285-5300
'- FAX: 303-285-5301
September 27, 2004
City of Dacono
Post Office Box 186
Dacono, Colorado 80514
RE: Organization of The Peaks Metropolitan District
_ This firm has acted as counsel to the Petitioners in connection with the organization of
The Peaks Metropolitan District (the "District"). Pursuant to the requirements of V.m. of the
Service Plan for the District, this letter confines that the petition for organization of the District
filed with the City on August 27, 2004, the Service Plan for the District, as approved on
September 27, 2004, and the notice, hearing and other procedures in connection with the
approval of the Service Plan, have met the requirements of the Special District Act, §§ 32-1-101,
et seq., C.R.S., and that the provisions of the Service Plan, including, without limitation,
provisions as to the structure and terms of the District's bonds, fees and revenue sources, are
consistent with applicable provisions of titles 11 and 32, C.R.S., and other applicable law.
Please be advised, however, that this firm has not been engaged as bond counsel to the
District, nor will this firm serve as bond counsel at any time for the District. This letter does not
purport to offer any opinion of the type customarily required to be given by bond counsel with
regard to any bond transaction of the District.
This letter is limited to the use of the addressee as set forth above, and may not be relied
upon by other parties or in connection with any future sale, resale or transfer of bonds and may
be relied upon only as stated herein. This letter may not be used, quoted or referred to, in whole
or in part, for any other purpose without the prior, written consent of the firm
Very truly yours,
SANDER SCHEID INGEBRETSEN
MILL &PARISH, P. .
The Peaks�Servicc Plan ��� a 2i: ��•
1LGI207
0789.0003
EXHIBIT J
Part I -Developer Indemnity Letter
Part II -District Indemnity Letter
August 20, 2004
City of Dacono
Post Office Box 186
Dacono, Colorado 80514
RE: The Peaks Metropolitan District
Ladies and Gentlemen:
This Indemnity Letter (the "Indemnity Letter") is delivered by the undersigned Silver
Peaks Development, LLC, a Colorado limited liability company ("Silver Peaks") in order to
induce the City of Dacono (the "City") to approve the Service Plan, including all amendments
heretofore or hereafter made thereto (the "Service Plan") for The Peaks Metropolitan District
(the "District"). In consideration of the City's approval of the Service Plan, Silver Peaks, for and
on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and
agrees to and for the benefit of the City as follows:
I. Silver Peaks hereby waives and releases any present or future claims it might
have against the City or the City's elected or appointed officers, employees, agents or contractors
in any manner related to or connected with the Service Plan or any action or omission with
respect thereto. Silver Peaks further hereby agrees to indemnify and hold harmless the City and
the City's elected and appointed officers, employees, agents and contractors, from and against
any and all liabilities resulting from any and all claims, demands, suits, actions or other
proceedings of whatsoever kind or nature made or brought by any third party, including
attorneys' fees and expenses and court costs, which directly or indirectly or purportedly arise out
of or are in any manner related to or connected with any of the following: (a) the Service Plan or
any document or instrument contained or referred to therein; or (b) the formation of the District
or any actions or omissions of Silver Peaks, the District, the City or any other person or entity in
connection with the District, including, without limitation, any bonds or other financial
obligations of the District or any offering documents or other disclosures made in connection
therewith. Silver Pet further agrees to investigate, handle, respond to and to provide defense
for and defend against, or at the City's option to pay the attorneys' fees and expenses for counsel
of the City's choice for any such liabilities, claims, demands, suits, actions or other proceedings.
It is understood and agreed that the City does not waive or intend to waive the monetary limits
(presently$150,000 per person and$600,000 per occurrence) or any other rights, immunities and
_ protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101, et seq.,
C.R.S., as from time to time amended, or otherwise available to the City, its officers or its
employees.
2. Silver Peaks hereby consents to the City Disclaimer Statement contained in Exhibit L of
the Service Plan,acknowledges the City's right to modify the City Disclaimer Statement, and waive
The Peaks'Service Plan
JLG1306
0789.0003
and releases the City from any claims Silver Peaks might have based on or relating to the use of
or any statements made or to be made in such City Disclaimer Statement (including any
modifications thereto).
3. It is understood and agreed, and Silver Peaks hereby expressly acknowledges, that
the City, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity
Letter.
4. This Indemnity Letter has been duly authorized and executed on behalf of Silver
Peaks.
Very truly yours,
SILVER PEAKS DEVELOPMENT, LLC, a Colorado
limited liability company
By: FS Land, LLC a Colorado limited liability
company, its Manager
Stephen J. Foley,Manager
— The Peaks\Service Plan
JLG1306
0789.0003
,2004
(Date of Organizational Meeting)
City of Dacono
Post Office Box 186
Dacono, Colorado 80514
RE: The Peaks Metropolitan District
Ladies and Gentlemen:
This Indemnity Letter (the "Indemnity Letter") is delivered by The Peaks Metropolitan
District (the "District") in order to comply with the Service Plan, including all amendments
heretofore or hereafter made thereto (the "Service Plan") for the District. In consideration of the
City's approval of the Service Plan, the District, for and on behalf of itself and its transferees,
successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the
City as follows:
1. The District hereby waives and releases any present or future claims it might have
against the City or the City's elected or appointed officers, employees, agents or contractors in
any manner related to or connected with the Service Plan or any action or omission with respect
thereto. To the fullest extent permitted by law, the District hereby agrees to indemnify and hold
harmless the City and the City's elected and appointed officers, employees, agents and
contractors, from and against any and all liabilities resulting from any and all claims, demands,
suits, actions or other proceedings of whatsoever kind or nature made or brought by any third
party, including attorneys' fees and expenses and court costs, which directly or indirectly or
purportedly arise out of or are in any manner related to or connected with any of the following:
(a) the Service Plan or any document or instrument contained or referred to therein; or (b) the
formation of the District or any actions or omissions of the District, the City, Silver Peaks
Development, LLC, a Colorado limited liability company ("Silver Peaks"), or any other person
or entity in connection with the District, including, without limitation, any bonds or other
financial obligations of the District or any offering documents or other disclosures made in
connection therewith. The District further agrees to investigate, handle, respond to and to
provide defense for and defend against, or at the City's option to pay the attorneys' fees and
expenses for counsel of the City's choice for, any such liabilities, claims, demands, suits, actions
or other proceedings. It is understood and agreed that neither the District nor the City waives or
intends to waive the monetary limits (presently $150,000 per person and $600,000 per
occurrence) or any other rights, immunities and protections provided by the Colorado
Governmental Immunity Act, §§ 24-10-101, et seq., C.R.S., as from time to time amended, or
otherwise available to the City, the District, its officers, or its employees.
2. The District hereby consents to the City Disclaimer Statement contained in
Exhibit L to the Service Plan; agrees that the District will include such City Disclaimer
Statement or any modified or substitute City Disclaimer Statement hereafter furnished by the
City to the District in all offering materials used in connection with any bonds or other financial
obligations of the District (or, if no offering materials are used, the City Disclaimer Statement
will be given by the District to any prospective purchaser of any bonds or other financial
obligations of the District); and waives and releases the City from any claims the District might
have based on or relating to the use of or any statements made or to be made in such City
Disclaimer Statement(including any modifications thereto).
3. It is understood and agreed, and the District hereby expressly acknowledges, that
the City, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity
Letter.
4. This Indemnity Letter has been duly authorized and executed on behalf of the
District.
Very truly yours,
THE PEAKS METROPOLITAN DISTRICT
By:
Title:
EXHIBIT K
Form of Disclosure Notice
THE PEAKS METROPOLITAN DISTRICT
WELD COUNTY,COLORADO
DISCLOSURE STATEMENT
Pursuant to Article XII of the Service Plan
of The Peaks Metropolitan District
DISTRICT ORGANIZATION:
The Peaks Metropolitan District (the "District"), Weld County, Colorado is a quasi-
municipal corporation and political subdivision of the State of Colorado duly organized and existing
as a metropolitan district pursuant to Title 32, Colorado Revised Statutes. The District was declared
organized and an existing metropolitan district on ,2004, pursuant to an Order and
Decree Organizing District and Issuance of Certificates of Election for the Peaks Metropolitan
District, issued in the District Court of Weld County, Colorado. The Order and Decree was
recorded in the records of the Weld County Clerk and Recorder on , 200 at
Reception#
The District is located entirely within the corporate limits of the City of Dacono,
Colorado, in Weld County. The legal description of the property forming the boundaries of the
District is described in Exhibit A.
DISTRICT PURPOSE:
The Peaks Metropolitan District was organized for the purpose of financing streets, street
lighting, traffic and safety controls, water, landscaping, storm drainage and park and recreation
improvements, all in accordance with its Service Plan approved by the City Council of Dacono.
When completed, improvements shall be dedicated to the City of Dacono or other governmental
entities, all for the use and benefit of residents and taxpayers, or operated and maintained by
contract with a homeowners' association formed for the Silver Peaks development. The District's
Service Plan is on file and available for review at the office of the District's general counsel, Sander
Scheid Ingebretsen Miller& Parish,P.C., 700 17th Street, Suite 2200, Denver, Colorado 80202,and
at the office of the City Clerk,City of Dacono, 512 Cherry Street,Dacono,Colorado 80514.
TAX LEVY INFORMATION:
The primary source of revenue for the District is ad valorem property taxes. Property
taxes are determined annually by the District's Board of Directors and set by the Board of
County Commissioners for Weld County as to rate or levy based upon the assessed valuation of
the property within the District. The levy is expressed in terms of mills. A mill is 1/1,000 of the
assessed valuation, and a levy of one mill equals $1 of tax for each $1,000 of assessed value.
The financial forecast for the District (as set forth in its Service Plan) assumes that the District
will be able to set its tax levy at approximately thirty-five (35.000) mills for 2005 through 2039
for debt service and administration purposes. Except for certain adjustments permitted by the
Service Plan to compensate for legally required changes in residential valuation ratios, the
District shall not impose a mill levy in excess of fifty (50.000) mills. District taxes are collected
as part of the property tax bill from Weld County.
THE PEAKS METROPOLITAN DISTRICT
By: , President
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
200_,by as President of The Peaks Metropolitan District.
WITNESS my hand and official seal.
My commission expires:
Notary Public
EXHIBIT A
(Legal Description of District)
The Peaks\Service Plan
7LG1210
0789.0003
'a
_Vgil Land Consultants
480 Yuma Street • Denver, Colorado 80204
Off: (303) 436-9233 + Fax: (303) 436-9235
Date 08-23-04 Job No. 02042
LEGAL DESCRIPTION - THE PEARS METROPOLITAN DISTRICT
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF DACONO, COUNTY OF WELD, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 2, WHENCE THE WEST
QUARTER CORNER THEREOF BEARS 389°43' 56"W, A DISTANCE OF 2628.42
FEET; THENCE SO0°06' 16"W, ALONG THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 2, A DISTANCE OF 1927.27 FEET; THENCE
S89°28' 12"W, A DISTANCE OF 1618.41 FEET; THENCE N10°15'11"W, A
DISTANCE OF 120.38 FEET; THENCE N00°49'01"W, A DISTANCE OF
1553 .98 FEET; THENCE N01°00'36"W, A DISTANCE OF 262 .19 FEET TO A
POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
2; THENCE N89°43' 56"E, ALONG SAID NORTH LINE, A DISTANCE OF
1670.08 FEET TO THE POINT OF BEGINNING. CONTAINING 3,192,137
SQUARE FEET OR 73 .281 ACRES MORE OR LESS.
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EXHIBIT L
Form of City Disclaimer Statement
CITY OF DACONO,COLORADO-DISCLAIMER STATEMENT
As a requirement imposed in its formation process, The Peaks Metropolitan District (the
"District") is obligated to the City of Dacono (the "City") to include this disclaimer statement in
all offering materials used in connection with any bonds or other financial obligations of the
District(or, if no offering materials are used, to give this disclaimer statement to any prospective
purchaser, investor or lender in connection with any such bonds or other financial obligations of
the District). The date of this disclaimer statement is
The City has not reviewed or participated in the preparation of any offering materials or
any other disclosure documentation relating to any bonds or fmancial obligations of the District
or any other materials to which this Disclaimer Statement is appended. Other than this
Disclaimer Statement, no other statement of any kind is authorized to be made by or on behalf of
the City in any offering materials or any other disclosure documentation relating to any bonds or
other financial obligations of the District.
— The City and the District are separate legal entities. The City is not a party to and is not
obligated with respect to any borrowings, financings, bonds or other financial obligations of the
District. As a statutory requirement for the formation of the District, the City approved a Service
Plan containing financial and other information furnished by the District's organizers. The
City's approval of the Service Plan was based upon such information furnished by the District's
organizers, without independent investigation by the City. The District's Service Plan was
prepared in 2004 and not in connection with the offering of any bonds or other financial
obligations. The City's approval of the District's Service Plan should not be relied upon by
prospective purchasers, bondholders, investors or lenders in evaluating the investment quality of
the District's bonds or other financial obligations. The Service Plan and related agreements do
not impose upon the City any duties to, nor confer any rights against the City upon, any
purchasers, investors, lenders,bondholders or other third parties.
EXHIBIT M
Form of Intergovernmental Agreement between District and City
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF DACONO, COLORADO
AND
THE PEAKS METROPOLITAN DISTRICT
THIS AGREEMENT (the "Agreement") is made and entered into as of this _ day of
200_, by and between the CITY OF DACONO, a home-rule municipal corporation
of the State of Colorado (the "City"), and THE PEAKS METROPOLITAN DISTRICT, a quasi-
municipal corporation and political subdivision of the State of Colorado (the "District").
RECITALS
WHEREAS, the District was organized to provide those public improvements and to
exercise powers as are more specifically set forth in the District's Service Plan dated
September 27, 2004, and approved by the City on September 27, 2004, by Resolution No. 04-
- 30 ("Service Plan"); and
WHEREAS, the Service Plan makes reference to and requires the execution of an
intergovernmental agreement between the City and the District; and
WHEREAS, the City and the District have determined it to be in the best interests of
their respective taxpayers,residents and property owners to enter into this Agreement.
NOW, THEREFORE, for and in consideration of the covenants and mutual agreements
herein contained, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
COVENANTS AND AGREEMENTS
1. APPLICATION OF LOCAL LAWS. The District hereby acknowledges that
the property within its boundaries shall be subject to all ordinances, rules and regulations of
the City, including without limitation, ordinances, rules and regulations relating to zoning,
subdividing, building and land use, and to all related City land use policies, master plans,
related plans and intergovernmental agreements.
2. NATURE OF DISTRICT. The District agrees that it is organized for the
purpose of financing certain public improvements for the area within its boundaries only,
which area is designated as the proposed Silver Peaks development, and that the District's
purposes, powers, facilities and activities are to be limited and governed by the Service Plan.
The District is not intended to and shall not provide facilities or service outside its boundaries.
Further, the District is not intended to and shall not exist perpetually, but instead shall be
dissolved in accordance with the Service Plan and this Agreement. The Property within the
District will receive water service from the City through the City's arrangements with the
Central Weld County Water District. The District shall not provide any services or facilities
within any area of the District overlapping with the service area of another district without first
obtaining the written consent of each and every district whose service area is so overlapped.
3. CHANGE IN BOUNDARIES. The District agrees that, as set forth in the
Service Plan, inclusion of properties within, or any exclusion of properties from, its boundaries
shall constitute a material modification of the Service Plan; any purported inclusion or
exclusion that has not been approved by the City pursuant to the procedures applicable to a
material modification of the Service Plan shall be void and of no effect.
4. CITY APPROVAL REOUIREMENTS; REVIEW OF DISTRICT
SUBMITTALS. The District agrees that any City approval requirements contained in the
Service Plan (including, without limitation, any Service Plan provisions requiring that any
change, request, action, event or occurrence be treated as a Service Plan amendment proposal
or be deemed a "material modification" of the Service Plan) shall remain in full force and
effect, and such City approval shall continue to be required, notwithstanding any future change
in law modifying or repealing any statutory provision concerning service plans, amendments
thereof or modifications thereto. The District agrees to reimburse the City for all reasonable
administrative and consultant costs incurred by the City for any City review of reports, plans,
submittals or other materials or requests provided to the City by the District pursuant to the
Service Plan, state law or the Dacono Municipal Code. The City may require a deposit of such
estimated costs.
5. OWNERSHIP OF IMPROVEMENTS. The parties agree that the District shall
not be permitted to undertake ownership, operation or maintenance of public facilities and
services, except as specifically set forth in the Service Plan.
6. CONSOLIDATION. The District shall not file a request with the district court
to consolidate with another district without the prior written approval of the City.
7. DISSOLUTION. The District agrees that it shall take all action necessary to
dissolve the District upon payment or defeasance of the District's bonds or otherwise upon the
request of the City, all as provided in the Service Plan.
8. NOTICE OF MEETINGS. The District agrees that it shall submit a copy of the
written notice of every regular or special meeting and work session of the District's Board of
Directors to the Office of the Dacono City Administrator, by mail, facsimile or hand delivery,
to be received at least three (3) days prior to such meeting. The District agrees that it shall also
submit a complete copy of meeting packet materials for any such meeting to the Office of the
Dacono City Administrator, by mail, facsimile or hand delivery, to be received at least one (1)
day prior to such meeting.
9. ANNUAL REPORT. The District shall be responsible for submitting an annual
report to the City pursuant to and including the information set forth in Section VII of the
Service Plan.
10. ENTIRE AGREEMENT OF THE PARTIES. This written Agreement, together
with the Service Plan, constitutes the entire agreement between the parties and supersedes all
prior written or oral agreements, negotiations or representations and understandings of the
parties with respect to the subject matter contained herein.
11. AMENDMENT. This Agreement may be amended, modified, changed or
terminated in whole or in part only by a written agreement duly authorized and executed by
the parties hereto and without amendment to the Service Plan.
12. ENFORCEMENT. The parties agree that this Agreement may be enforced in law
or in equity for specific performance, injunctive or other appropriate relief, including damages,
as may be available according to the laws and statutes of the State of Colorado.
13. VENUE. Venue for the trial of any action arising out of any dispute hereunder
shall be in the Weld County District Court.
14. BENEFICIARIES. Except as otherwise stated herein, this Agreement is intended
to describe the rights and responsibilities of and between the named parties and is not intended
to, and shall not be deemed to, confer any rights upon any persons or entities not named as
parties.
15. EFFECT OF INVALIDITY. If any portion of this Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to either party or as to
both parties, such portion shall be deemed severable and its invalidity or its unenforceability
shall not cause the entire Agreement to be terminated. Further, with respect to any portion so
held invalid or unenforceable, the District and City agree to take such actions as may be
necessary to achieve to the greatest degree possible the intent of the affected portion.
16. ASSIGNABILITY. Other than as specifically provided for in this Agreement,
neither the City nor the District shall assign their rights or delegate their duties hereunder
without the prior written consent of the other parties.
17. SUCCESSORS AND ASSIGNS. Subject to Section 16 hereof, this Agreement
and the rights and obligations created hereby shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns.
. [Remainder of page intentionally left blank].
THE PEAKS METROPOLITAN DISTRICT
,President
ATTEST:
Secretary
— CITY OF DACONO
- By:
Its:
ATTEST:
By:
Its:
EXHIBIT N
Resolution of City Council Approving Service Plan
11: 71 CITY OF DA:cNo 4 3�:�2'_tt_s1 NNC._ 9
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CITY OF DACONO, COUNTY OF WELD, STATE OF COLORADO
LN RE THE ORGANIZATION OF THE PEAKS METROPOLITAN DISTRICT,
LN THE CITY OF DACONO, COUNTY OF WELD, STATE OF COLORADO
RESOLUTION NO. 04-30
REiOLUTIOh OF APPROVAL
WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amendm
• the City Council of the City of Dacono, County of Weld, State of Colorado,following due notice,
held a public bearing on the Service Plan of the proposed The Peaks Metropolitan District on the
27th day of September 2004; and
WHEREAS, the City Council has considered the Service Plan and all other testimony and
evidence presented at the hearing; and •
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WHEREAS, based upon the testimony and evidence presented at the hearing, it appears
that the Service Plan.should be approved by the City Council, subject to certain conditions set
forth below, in accordance with C.R.S. § 32-1-204.5(1)(c).
THEREFORE, BE IT RESOLVED BY THE CITY COCNCII. OF TEE CITY OF
_ DACONO, COLORADO:
Section 1. That the City Council, as the governing body of the City of Dacono, Colorado,
does hereby determine, based on representations by and on behalf of Silver Peals Development,
LLC, a Colorado limited liability company (the"Developer"),that all of the requirements of Title
32, Article 1, Part 2, C.R_S., as amended, relating to the filing of a Service Plan for the proposed
The Peaks Metropolitan District have been fulfilled and that notice of the hearing was given in
the time and manner required by the City.
Section 2. That, based on representations by and on behalf of the Developer, the City
Council of the City of Dacono, Colorado, has jurisdiction over the subject matter of this
proposed special district pursuant to Title 32, Article 1,part 2, C.R.S., as amended.
Section 3. That,pursuant to C.R.S. §§ 32.1-204.5, 32-1-202(2)and 32-1-203(2),the City
Council of the City of Dacono, Colorado, does hereby find and determine, based on the Service
Plan and other evidence presented by and on behalf of the Developer, that:
(a) There is sufficient existing and.projected need for organized service in the
area to be serviced by the proposed District;
1'd,'=4/214 i:::1 i_i i. l.F : cc : P,_._49 GC:
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(b) The existing service in the area to be served by the proposed District is
inadequate for present and projected needs;
(c) Ile proposed special district is capable of providing economical and
sufficient service to the area within its proposed boundaries;
(d) The area to be included in the proposed District has, or will have, the
financial ability to discharge the proposed indebtedness on a reasonable
basis; and
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(e) The creation of the proposed District will be in the best interests of the
area proposed to be served.
Section. 4. That pursuant to C.F.S. § 32-1-2043(1)(c), the City Council hereby imposes
the following conditions upon its approval of the Service Plan:
(a) The Developer agrees that the City Attorney will be given reasonable
notice of all proceedings in the District Court of Weld County relating to •
the organization of the District (including notice as described in C.R.S. §
• ' 32-1-304).
(b) The Developer agrees that, prior to the hearing dare set by the District
Court of Weld County pursuant to C.R.S. § 32-1=304, all fees and
expenses which have been submitted to the Developer for payment by or
on behalf of the City or its attorneys or financial or other advisors shall
have been paid in full.
(c) Prior to the hearing date set by the District Court of Weld County pursuant
to C.R.S. § 32-1-304, the District shall fully comply with the provisions of
C.R.S. § 32-1-107(3)with respect to the overlapping of service areas. The
District's authorization to provide services or facilities within any
overlapping area is expressly conditioned upon the District first obtaining
the written consent of each and every district whose service area is so
overlapped.
•
(d) Prior to the Mayor's execution of this Resolution, the fully and properly
executed originals of the engineer's statement of reasonableness of capital
costs; accountant's letter and forecasts; letters in support of market
projections and absorption rates; underwriter's letter; legal counsel letter;
Developer's indemnity letter; and property owners' consents that are
required under the Service Plan and set forth in Exhibits 1), E, Cr, H, I and
Part 1 of Exhibit J thereto, shall be provided to the city.
(e) At its organizational meeting, the District shall execute the District
indemnity letter and intergovernmental agreement with the City that are
required under the Service Plan and set forth-in Part 2 of Exhibit J and
bi-+=_ha 4 :0:2S5=1
"- Exhibit M thereto, and shall provide the ally executed originals of such
documents to the City.
If any of the above-stated conditions (a) through (d) are not met, the City may file a
motion with the District Court of Weld County requesting that the hearing on the oreanint;on of
the District be delayed until such conditions are met, and Developer has represented that it will
not oppose such motion. Further, if any of the above-stated conditions (a) through (e) are not
met, the City may pursue all legal and equitable remedies available to it for failure of compliance
— with such conditions of approval.
Section 5. That the Service Plan of the proposed. The Peaks Metropolitan District, as set
forth in Exhibit A to this Resolution and dated q Io 4 , 2004, is hereby approved subject to the •
conditions stated in Section 4, above, in accordance with C.R.S. § 32-l-204.5(i)(c).
Section 6. That a certified copy of this Resolution be filed in the records of the City of
Dacono and submitted to the Developer for the•purpose of filing in the District Court of Weld
County for further proceedings concerning the Distract.
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RESOLVED,ADOPTED AND APPROVED thisa&-7 day of &Sala, 2004.
•
CITY COUNCIL,
CITY OF DACONO, COLORADO
(SEAL) • &,fLe.
ATTEST: Wade Carlson
Mayor •
Val 'e Elliott-Lu ero
City Clerk
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E4 iiarJ4 11:31 _„Y OF LNCOtIO
CERTIFICATE
I, Valerie Elliott-Lucero, do hereby certify that the above and foregoing is a true,
correct and complete copy of a resolution adted by the City Council of the City of Dacono,
Colorado, at a public meeting held on theo77 day of %42frJi_P . ,2004.
- IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of
Dacono, Colorado, this day of&ph. h/� , 2004.
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E7 IUBIT B
Revisions to The Peaks Metropolitan District Service Plan
(Dacono City Council Meeting, September 27, 2004)
1. • Page 3, first line of paragaph(b),change "financing"to "financial".
2. Page 4, lines 8-9 of Article II, change"Financial Information"to "Financial Plan".
3. Page 16, lines 11-12 of paragraph(a), revise to read as follows: ". . .insufficient to allow
for repayment of Two Million Three Hundred Siiteen Seventeen Thousand Eight
Hundred Three Dollars (32,317,803.00). . . ."
4. Page 18, line 1, change "Refunding'd3onds"to "refunding bonds".
•
• 5. Page 22, line 10 of paragraph (0, revise to read as follows: ". - . expressly provided in
this Article V.f.,a-1}all limitations... . ."
6. - Page 23, line 5, revise to read as follows: ". . . building permits and initial acceptance of
public improvements) . . . ." •
• 7. Page 29,line 5,revise to read as follows: ". . . right,pursuant to § 32-1-2O7(3)(c) and 21
C.R.S., . . .
8. Page 32,lines 2 and 3 of Article XI, change "Part 1"to "Part I" and"Part 2"to"Part II".
9. Page 32, line 4 of Article XI, revise to read as follows: ". . . immediately upon formation
of the Disni.ct The District shall not incur any financial obligations of any kind or
otherwise perform any fiinctions authorized under this Service Plan until the District
Indemnity Letter has been duly executed by the District and delivered to the City. The
execution of such Indemnity Letters. . . ."
• 10. Page 33, line 3 of Article MI,revise to read as follows: "immediately upon formation of
the District The District shall not incur any financial obligations of any kind or
otherwise perform any functions authorized under this Service Plan until the
intereovemmental agreement has been duly executed and delivered to the City. The •
execution of such agreement. . . ." •
• 11. Provide for City review, and in a form satisfactory to the City Administrator, Clifton
Gunderson compilation with notes ("summary of significant forecast assumptions and
accounting policies') for Exhibit G, including corrected spreadsheets for Exhibit Gas
follows:
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• a. Deleting years following 2039 eon the first spreadsheet(pages 1 and 2); and
b. Correcting calculations as necessary on the f.rnt spreadsheet so as not to show a
negative"Cumulative Surplus" or'Net Available for Debt Svc" in year 2008; and
c. in the second spreadsheet ("Residential Development Projections"), revise so that
no inflation adjustments are shown fcr year 2004.
12. Provide for City review an updated letter from DRC Real Estate Advisors, LLC (Exhibit
G) incorporarng the 180 townhomes planned for this development into their projected
rate of absorption. •
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13. Revise the form of Intetoovernnjental Agreement between District and.City (Exhibit M)
pursuant to City comments dated September 23, 2004.
14. Provide an updated letter from MB Consulting, Inc., regarding the reasonableness of the
engineer's revised estimate of probable construction cost contained in Exhibit E.
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