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Home My WebLink About20200437.tiffEXHIBIT INVENTORY CONTROL SHEET CASE: MET19-0003 (DRY CREEK METROPOLITAN DISTRICT NO. 1) - ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC Exhibit Submitted By A. Planning Commission Description Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 01/21/2020) C. Planning Staff Assistant County D. Attorney, Bob Choate Assistant County E. Attorney, Bob Choate F. County Attorney G. Applicant J. Andrew Ausmus, City of Fort Lupton reply regarding Todd Creek Metro H. Ausmus Law Firm, P.C. District (received 10/20/2020) Email from Applicant with 1st Update to Service Plan showing sewer connection, dated 12/31/2019 Email from Applicant Attorney, Jeff Erb, with 2nd Update to Service Plan (clean and markup) with Exhibits, received 1/29/2020 Emailed copy of Intergovernmental Agreement between City of Fort Lupton and Todd Creek Farms Metro District No. 1, received 1/29/2020 Emailed copy of Todd Creek Metro District Service Area Map, received 1/29/2020 Letter of Withdrawal (dated 2/4/2020) I. Steve Teets J. K. L. M. N. O. P. Q. R. S. T. U. Statement of objection, shared at the 10/21/20 Board of County Commissioners meeting 2020-0437 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Angela Snyder Tuesday, December 31, 2019 8:14 AM Esther Gesick Bob Choate; Tom Parko Jr. FW: MET 19-0003 20190130_DCM D_Service_Plan_Revised.pdf Updated service plan showing correct sewer connection. Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Peter Martz <pmartzlrg@comcast.net> Sent: Monday, December 30, 2019 5:04 PM To: Angela Snyder <asnyder@weldgov.com> Subject: FW: MET19-0003 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. See attached From: Peter Martz [mailto:pmartzlrg@comcast.net] Sent: Monday, December 30, 2019 10:48 AM To: 'Angela Snyder' Cc: 'Tom Parko Jr.'; 'Jeffrey Erb'; 'Bob Choate'; 'Don Ryan' Subject: RE: MET19-0003 Angela, 1 That is an incorrect offsite sewer graphic from previous studies, I'll get you the correct exhibit today, sewer connection to Fort Lupton. Thanks. Peter From: Angela Snyder [mailto:asnyder@weldgov.com] Sent: Thursday, December 26, 2019 2:55 PM To: Peter Martz Cc: Tom Parko Jr.; Jeffrey Erb; Bob Choate; Don Ryan Subject: MET19-0003 Hi Peter, I noticed that the metro district shows plans for connecting the sanitary sewer from Todd Creek Village North, PUDZ18- 0006, to the Metro North Treatment Plant instead of to Fort Lupton (Exhibit E, Sheet E-10). Does this mean that you have made an agreement with Denver Metro to take the sewer? Or rather, that TCVMD made an agreement? Our code only says that sewer service be provided by TCVMD in Dry Creek. If there is an agreement in place for the sanitary sewer service, please let me know ASAP and be prepared to explain it to the Planning Commission on January 7th Best, Angela Angela Snyder, CFM Planner II 1555 N 17th Ave Greeley, CO 80631 asnyder@weldgov.com PHONE: (970) 400-3525 FAX: (970) 304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 LEGAL DESCRIPTION LOT "B" RECORDED EXEMPTION NO. 1469-35-03 RE -4462, AND LOT "B" RECORDED EXEMPTION NO. 1469-35-03 RE -433, BOTH IN THE OFFICIAL RECORDS OF THE CLERK AND RECORDER, COUNTY OF WELD. STATE OF COLORADO, LYING WITHIN THE WEST HALF OF SECTION 35. TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN. SAID COUNTY AND STATE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35. THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35. NORTH 00°46'38" WEST, A DISTANCE OF 2,639.81 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 35, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID LOT "B RECORDED EXEMPTION NO. 1469-35-03 RE -4462"; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, ALONG THE NORTHERLY, WESTERLY, AND EASTERLY BOUNDARY'S OF SAID LAST DESCRIBED LOT "B" THE FOLLOWING FIVE (5) COURSES 1) NORTH 89°35'28" EAST, A DISTANCE OF 738.93 FEET; 2) NORTH 00°24'32" WEST. A DISTANCE OF 154.03 FEET: 3) SOUTH 58°48'43" EAST, A DISTANCE OF 450.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 5,729 58 FEET, 4) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°17'09". AN ARC LENGTH OF 228.57 FEET, 5) SOUTH 00°43'19" EAST, A DISTANCE OF 2,440.95 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 35 AND SECTION 2, TOWNSHIP 1 SOUTH. RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER. SOUTH 89°33'32" WEST A DISTANCE OF 1,316.45 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 79 525 ACRES, (3,464,089 SQUARE FEET), MORE OR LESS ILLUSTRATION ATTACHED AND MADE A PART HEREOF Ca 0 tY z O U P.013. SW CORNER SECTION 35 \, LOT '% ecasOtV f.tf4tPPS " "NO «59-35-UJ Q£ 4462 c., M'' .4e, *- N89'35'28'E 738.93' II 1/4 CORNER SE'C77ON 35 A Fri of co 3 a o N0O 24 32 W NW 1/4 SEC. 35, 154.03' T.1N.. R.67f., SIXTH P.M. S58'48'43"E 450.99'- LOT WECOROCD ti(M°P€.W NO. 7469-35- 05 Re 4462 NC A'O .uaaty PARCEL CONTAINS 3,464,089 (SO.FT.) 79.525 ACRES MORE OR LESS _ 40.27 V ctiL• fit At; Piuszdet 11 1/2 SW 1/4 SEC. 35, T.IN.. 8.671.. SIXTH P.M. JO' RIO1i-t- t'Ar fASZWNI I-- soar PAa Vac 107 1,9 RECORDED f•tEWlh7vv Na 1469-3rOS Rf'Si erAb I4JJ4. S89'33'32'W 1316.45' 9"E 2440.95 0 0 N89'35'28'E 2638.00' MLnOs ft- Sil/4Or ire .8 C - II 1/16 CORNER SECTION 35 if.217'09" R-5729.58' L=228.57' sad K 1/2 SW 1/4 SEC. 35, T.1 ti., It.67W., SIXTH P.M. _0.4'WL-Y-IK41 LAST, NI !ifr 6.f P4 r 190 POS9&E 40' 1, wT-Or. 14 r AS -- x"rCa LXr RECUPOfD £,rf4#'RTOY RAI r469-J5-OJ RE t462 V 1/18 CORNER SECTION 35/2 star Or Re Swift Ci SEC IS TIN KA%n COUNTY ROAD 2 .I,1' -1489'33'32t TIM RA711 NOTE• THIS DRAW 4G LCJES Ni?l REPRESENT A Witte( MID LAIC SURLY AIII) IS ONLY NTT -WED TO DEPICT THE A11AC*&D LEGAL DESCRIPTION Id R3 HRGreen HRGreen.com DRY CREEK METROPOLITAN DISTRICT NO. 1 LEGAL DESCRIPTION EXHIBIT A SCALE: 1"=500' DATE: 01/30/19 HRGreen Ii nes fia • t I 4 S 58°48'43" E 450.99' a� N 00°24'32" W 154.03' 211:114.143 41rici alga s :•'3 3 6.45'4, R = 5729.58' L = 228.57' A = 217'09" BOUNDARY 0 250 DRY CREEK METROPOLITAN DISTRICT NO, 1 HRGreen.com INITIAL DISTRICT BOUNDARY MAP EXHIBIT C-1 SCALE: 1"=500' DATE: 01/30/19 80' 12' 20' 16' 20' 12' 6' J E 8' 12' O Z cc a PAIN TED MEDIAN 12' 8' -J W W > Z a I- 2% Z Y ce a 6' 5 VERTICAL CURB & GUTTER SEE STD. S7.1 4' 2 LANE URBAN COLLECTOR - 80' ROW MOUNTABLE 60' 12' 36' 12' W a NC a U Q 0 5" Z 4a2-°•AZI _ 8' 10' 10' 8' PARKING J >w Z a g a F- 2% -J Q Z Cr F- 2% Z a a a Lir a U J 3 2% 4' VERTICAL CURB & GUTTER SEE STD. S7.1 LOCAL RESIDENTIAL - 60' ROW MOUNTABLE 60' 15' 16' 24' 12' l 12' 16' O O W Z Z • a as -J Q Z a: I- 2% 2% 0 O Wce Z Gr as a 0 5'. 15' Sal _ T VERTICAL CURB & GUTTER Pea SEE STD S7.1 LOCAL COMMERCIAL - 60' ROW MOUNTABLE Y O 0 - J m CO ILL W U) 1--A3 HRGreen COUNTY ROAD 21 COUNTY ROAD 2 STREET IMPROVEMENT LEGEND PROP. SIDEWALK PROP. GUTTER STREET SECTIONS ARTERIALS COLLECTOR a LOCAL COMMERCIAL LOCAL RESIDENTIAL STREET/ROADWAY IMPROVEMENTS DESCRIPTION: • ARTERIAL ROADWAYS - CR- 2 AND CR-21 THE PERIMETER ROADWAYS WILL BE CONSTRUCTED TO A ONE-HALF ARTERIAL ROADWAY SECTION. FUTURE MEDIAN WILL BE PROVIDED LATER BY OTHERS. A FOUR -FEET WIDE GRAVEL SHOULDER WILL BE ADDED ALONG THE WESTERN EDGE OF CR-21. CURRENT PAVEMENT FOR CR-21 WILL BE INTEGRATED INTO THE NORTH HALF ARTERIAL SECTION FOR CR-2. • LOCAL COMMERCIAL ROADWAYS - THESE INTERNAL COMMERCIAL ROADWAYS WILL BE DEDICATED WITH A 60 -FEET RIGHT-OF-WAY AND INCLUDE A 56 FEET WIDE PAVED ROADWAY. DETACHED SIDEWALKS WILL BE CONSTRUCTED LATER WHEN ADJACENT COMMERCIAL PROPERTIES DEVELOP. • LOCAL RESIDENTIAL ROADWAYS - THESE INTERNAL RESIDENTIAL ROADWAYS WILL BE DEDICATED AS 60 FEET RIGHTS -OF -WAY AND WILL INCLUDE A 36 FEET WIDE PAVED STREET SECTION AND 4 FEET WIDE DETACHED SIDEWALKS AND LANDSCAPE TREE LAWN. • TWO-LANE URBAN COLLECTOR - THIS ROADWAY WILL BE DEDICATED WITH AN 80 FEET RIGHT -OF WAY AND WILL INCLUDE A 56 FEET WIDE PAVED ROADWAY THAT WOULD INCLUDE A PAINTED MEDIAN, TWO 12 -FOOT TRAVEL LANES AND TWO 8 -FOOT PARKING LANES. SIX FEET WIDE DETACHED SIDEWALKS AND TREE LAWN AREAS WILL BE PROVIDED. DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com ROADWAY AND TRAFFIC 0 500 EXHIBIT E SCALE: 1"=500' DATE: 01/30/19 Cr N O re >- Z O U MIXED USE liana OUTFALL TO OFFSITE DETENTION POND MULTIFAMILY USE a Nei COUNTY ROAD 2 STORM IMPROVEMENT LEGEND PROP. SWALE CENTERLINE PROP. 18" STORM PROP. 24" STORM PROP. DETENTION POND STORM DRAINAGE IMPROVEMENTS DESCRIPTION: • PUBLIC STORM SEWER - THE STORM SEWER SYSTEM WILL BE DESIGNED IN CONFORMANCE WITH WELD COUNTY STANDARDS AND SPECIFICATIONS AND WILL INCLUDE VARYING SIZES OF CONCRETE STORM SEWER, CURB INLETS, MANHOLES AND FLARED END SECTIONS PLACED AT DAYLIGHT POINTS. • REGIONAL DRAINAGE SWALE - THIS REGIONAL SWALE IS INTENDED TO INTERCEPT OFFSITE- UPSTREAM DRAINAGE FLOWS AND ROUTE THESE FLOWS THROUGH THE SITE. CROSSING CULVERTS WILL BE REQUIRED AT PLANNED ROAD CROSSINGS. • LOCAL DRAINAGE SWALES - LOCAL DRAINAGE SWALES ARE INTENDED TO INTERCEPT LOCAL ONSITE DRAINAGE AND CONVEY FLOWS TO SUB -REGIONAL DETENTION POND. • SUB -REGIONAL DETENTION POND - A SUB -REGIONAL DETENTION POND WILL BE CONSTRUCTION WITHIN THE DISTRICT BOUNDARIES TO ATTENUATE PEAK STORM DISCHARGE FLOWS DOWNSTREAM. DETENTION AND WATER QUALITY WILL BE PROVIDED IN CONFORMANCE TO WELD COUNTY AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT DESIGN STANDARDS. 0 250 X00 I -R3 HRGreen HRGreen.corn DRY CREEK METROPOLITAN DISTRICT NO. 1 STORM SEWER EXHIBIT E- 2 SCALE: 1"=500' DATE: 01/30/19 SEE EXHIBIT D-5 FOR OFF -SITE WATER MAIN )7FL0CAL PARK • • a t 4* _ SEE EXHIBIT D-4 FOR OFF -SITE WATER MAIN A a a WATER IMPROVEMENT LEGEND PROP_ 4" WATER PIPE PROP. 8" WATER PIPE PROP. 12" WATER PIPE PROP FIRE HYDRANT PROP. WATER VALVE PROP. WATER PLUG PROP. WATER BLOWOFF H MULTIFAMILY USE igloo - COUNTY ROAD 2 14R3 HRGreen HRGreen.com J 4( WATER MAIN IMPROVEMENTS DESCRIPTION. POTABLE WATER MAIN IMPROVEMENTS WILL INCLUDE PVC WATERMAINS ROUTED WITHIN ALL INTERNAL ROADWAYS TO PROVIDE POINT OF SERVICE CONNECTION TO ALL PLATTED LOTS. WATER MAIN IMPROVEMENTS WILL INCLUDE ALL FITTINGS, FIRE HYDRANTS, GATE VALVES, BLOW -OFFS, AIR RELEASE VALVES AND TERMINAL PLUGS DRY CREEK METROPOLITAN DISTRICT NO. 1 WATER MAIN 1-1 500 /50 EXHIBII E-3 SCALE: 1 "=500' DATE: 01/30/19 LOCAL PARK COUNTY ROAD 21 COUNTY ROAD 2 MULTIFAMILY USE 8" SANITARY SEWER OUTFALL TO OFFSITE PACKAGE WASTEWATER TREATMENT REUSE FACILITY SANITARY IMPROVEMENT LEGEND PROP SANITARY MANHOLE PROP SANITARY SEWER SANITARY IMPROVEMENT DESCRIPTIONS SANITARY SEWER PLANNED FOR THE DEVELOPMENT PARCELS WILL CONSIST OF 8 -INCH PVC SEWER PIPE, 4 -FEET ID MANHOLES AND SERVICE STUBS INTO FUTURE DEVELOPMENT PARCELS. SANITARY SEWER MAINS WILL BE ROUTED TO ALLOW POINT OF SERVICE CONNECTION FOR INTERNAL PLATTED PARCEL OR LOT. JU 1-A3 HRGreen HRGreen.com DRY CREEK METROPOLITAN DISTRICT NO. 1 SANITARY SEWER IMPROVEMENT EASEMENT EXHIBIT LXIH111si I E- 4 SCALE: 1=500' DATE: 01/30/19 J COUNTY ROAD 21 N LOCAL PARK _ i MIXED USE SEE EXHIBIT E -X FOR OFF -SITE NON -POTABLE WATER MULTIFAMILY USE I I i COUNTY ROAD 2 1-193 HRGreen NON -POTABLE WATER IMPROVEMENT LEDGEND 4" PVC 6" PVC SEE EXHIBIT E -X FOR OFF -SITE NON -POTABLE WATER NON -POTABLE WATER IMPROVEMENTS DESCRIPTIONS. NON -POTABLE WATER SYSTEM WILL INCLUDE PVC IRRIGATION MAINS ROUTED WITHIN INTERNAL ROADWAYS TO PROVIDE POINT OF SERVICE CONNECTION TO ALL PLATTED LOTS NON -POTABLE MAIN IMPROVEMENTS WILL INCLUDE ALL FITTINGS, BLOW -OFFS AIR RELEASE VALVES, GATE VALVES AND TERMINAL PLUGS DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com NON -POTABLE WATER \NORTH I.XHIFBIT E-5 SCALE: 1"=500' DATE:01 /30/ 19 HRGreen COUNTY ROAD 21 1 _ MIXED MULTIFAMILY USE USE a at- _aka Sir COUNTY ROAD 2 LANDSCAPE/OPEN SPACE/PARK/AMENITIES LEGEND r STREET BUFFER ENHANCED LANDSCAPE NATURALIZED NATIVE LANDSCAPE NATIVE LANDSCAPE LANDSCAPE IMPROVEMENTS DESCRIPTIONS: • STREET BUFFER - STREET BUFFER AREAS WILL BE LANDSCAPED WITH ORNAMENTAL GRASSES AND SHRUBS STREET BUFFER AREA IRRIGATION WILL BE LIMITED TO SPAY HEADS, SHRUB SPRAYS AND BUBBLER SYSTEMS • ENHANCED LANDSCAPE -ENHANCED LANDSCAPE AREAS WILL BE PROVIDED IN KEY VISUAL AREAS AND WILL CONTAIN TREE AND SHRUB BEDS INCLUDING LANDSCAPE BERMS ENHANCED LANDSCAPE AREAS IRRIGATION WILL BE LIMITED TO SHRUB SPRAYS AND BUBBLER SYSTEMS • NATURALIZED NATIVE LANDSCAPE - THESE AREAS WILL BE LIMITED TO ONSITE NATIVE AREAS THAT WILL NOT BE DISTURBED AND REMAIN IN IT'S NATURAL STATE. NO IRRIGATION WILL BE PROVIDED • NATIVE LANDSCAPE - THESE AREAS WILL BE PLANTED WITH NATIVE PLANTINGS AND WILL BE TEMPORARILY IRRIGATED TO ESTABLISH VEGETATIVE GROWTH. DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com PARK AND RECREATION 0 500 2 O LXHIBIT E SCALE: 1"=500' DATE: 01/30/19 HRGreen i_•_._•_._•_•_.MI. •_•_• ••_•_•_•_•_•_. ell _._•�• ti to -%1 Satos I FM II r ) X11■.■..■.1111 New Lift Station At Existing WWRF Ground Elevation: 5010 Feet Invert Elevation: 4985 Feet I.- Yr *rut • ■ ■ 11,650 LF 24" Gravity a■ • ■1 ■ •P ii•� � •■ in ■ 11 tr a s ! ■ ■ a op o ■ • e• ■ • i• ■ • • r.c ■ • ..uuiu.1111■,. • 21 Sap r ■ • %vie am it M ■ 1,360 LF 6" Min Forcemain 1,440 LF 12" Gravity • I 1 I I 1 I I I I I 1 I I I I I I I I 1 1 1 • I 1 %wn., r•.. •. Tie into Existing 12" Fort Lupton Public Sewer Flow Design Flow (gCd) Design Flow (gP n) Design Peaking Factor Average Daily Fkrw (ADF) 68,400 47.5 Maximum Daily Him f \1DF ) 136,800 95 I'cak Flow 1I'F) 342,000 '37.5 5 I S 0 i 1111... wn N A O.B Miles C OponStrootMap odd I contributors. cC BY St Todd Creek Village North Proposed Sanitary Sewer Phase I Improvement Phase I Proposed Force Phase I Proposed Gravity SS TCVN_Prop_Sewer WWRF Site Proposed Roadway Parcel Todd_Creek_Village_North_Service_Boundary •—•—•— Todd_Creek_Village_Metro_District_Service_Boundary BAI ENGINEERS HRGreen.com reen . com DRY CREEK METROPOLITAN DISTRICT NO. 1 OFFSITE SANITARY SEWER EXHIBIT E-7 SCALE: NTS DATE: 01 /30/1 9 L•4' Weld County •.I..n.. Adams County 1 • 1410 I AI 00. M.V. • al' 440 ....,. L In ,JM.....i Todd Creek Village North Proposed Irrigation System 1 N • 100 —.-. ---- r • —• f••—...-1-1 I • v. tease. I I I II WO • •IIIIIIfludilan. •—•_all at.-- !«17e":4: fhe ka it:. - a�1 • • ■ • • • ■ • I I I t470 i) •a 0. 1 — 1 i • — • 1_ 1 — • , •••• !./11 .OY)\ . •... , IP • 4 • aith •• •-• fit •♦ Neely • 11� i Illinan OD as ■ • a I • onID , - • '� • • - wr t ' �t _11r• a. f Todd _Creek _Village_North_ Service_ Boundary TCVN_Prop_Irngation TCVN Proposed Roadway I -R3 HRGreen HRGreen.com F• • — r e•el.• •—• r I t 4 I I I f 1 11 I/ Brlgh`on 1 us uAz • I �1 of 1/1 1 3 (O 1�•Nn Mpr l TCVMD_Exist_Irrigation_Pipe • TCVMD_Exist _Irrigation _Node TCVMD_Prop_8"_Irrigation — • — • Todd_Creek_Village_SA 0 A I • S I S. • IN r•Or 1b0 • •..• Vn.. 2 I In rend in I In r••• r Innen C OpenS&eelMap (and) conhr bulors. CC-BYSA Miles BAI ENGINEERS DRY CREEK METROPOLITAN DISTRICT NO. 1 OFFSITE IRRIGATION SYSTEM EXHIBI I F-1 0 SCALE: NTS DATE: 01 /30/19 HRGreen Weld County Road 21 Weld County 4.. I 'With ...• Adams County Todd Creek Village North Proposed Water System Improvement Phase IA (Up to 100 SFEs) Development 2 TCVMD Existing Water TCVMD Phase I -A 12" Water PhaselA TCVN Prop Water r mitt 1140 LF of 12" Water Line E 168th Ave E 168th Ave 1 6ryt Pratt • • • • • • • • E 161thPie • r r a w 3 O 0 Q E J • • • • • • • • • • • • • • • ' F♦ ets • Weld County Road 2 5 t 5 Sources Esn. HERE. Garmin, USC , Informal) INCREMENT P. NRan. Esn Japan. METI Fvrr China (Hong Kong), Esn Korea Esri (Thailand). NGCC OpenStreetMap contributors. and thh GIS User Community • • Node Phase 1A Roadway_1.A_Parcel N 0 02 i Miles DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com OFFSITE WATER SYSTEM BAI ENGINEERS EXHIBIT E-11 SCALE: NTS DATE: 01 /30/1 9 5290 LF of 14" Water Line Weld County V-4.• n.. Adams County N O) r O C c O O V 410 LF of 14" Water Line 2355 LF of 12" water line a. • ear • ♦ • • ale agla •Ill e +a, • ■ • • U \*) 5265 LF of 14" Water Line • N" St, 7 N O ce z a) 2635 LF of 14" Water Line ttJ Sources. Esn. HERE, r$CDrme. USGS, In Mapmylndta, NGCC. C U{31YSteetMap cdlS .10 0 • ♦V cre •I1m LN x•;11 44, l • • ♦ ♦at• ♦ I ♦ I • � I • .r.n.P.46 I Weld County Road 2 ■ rmap. INCREMENT P. NRCan, Esn Japan, METI.tsn Chma (Hong t.t ), Esri area, Esn (Thailand), tnlwlors, and the GIS User Community a Todd Creek Village North Proposed Water System Improvement Phase IB (Up to 201 to 300 SFEs) Development • - TCVMD Existing Water TCVMD Phase 1A Prop. Water TCVMD Phase 1B Prop. Water • Phase1 B_TCVN_Prop_Water Node -Phase 1B TCVN Proposed Roadway 0 N A 0.4 BAI ENGINEERS Miles HRGreen.com HRGreen DRY CREEK METROPOLITAN DISTRICT NO. 1 OFFSITE WATER SYSTEM EXHIBIT F 17 SCALE: NTS DATE: 01 /30/1 9 HRGreen MS. era • • /n. 'Ws h it e n • w. scat• 5520 LF of 1411 water line Todd Creek Village North Proposed Water System Improvement Final Development TCVMD Existing Water TCVMD_Water_Node_Final_Phase N Final Phase Development TCVN_Prop_Water Phase 1B Development Phase 1A Development TCVN Proposed Roadway 0 I N R4.. M&. CO a ,4 dim 11 Brlgh(on !r r uses f / INI- an r ti I 1 f • Weld County Adams County S Ins Stop ..n CoS I aw., W — •IN Sens. Ynn /nap .'n. © OpenStreietMap (and; contributors. CC -BY -SA 1 BAI ENGINEERS Miles DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com OFFSITE WATER SYSTEM EXHIB T F-1 3 SCALE: NTS DATE: 01/30/19 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Bob Choate Wednesday, January 29, 2020 11:04 AM Esther Gesick Angela Snyder FW: Dry Creek Metropolitan District No. 1 - Updated Service Plan for BOCC Hearing Dry Creek MD No. 1 - Final Exhibits 01.27.2020 (00445281xC440A).PDF; Dry Creek Metro District No. 1 Service Plan REDLINE 03.18.2019 to 01.27.2020 (00445339xC440A).PDF; Dry Creek Metro District No. 1 Service Plan 01.27.2020 (00445346xC440A).PDF Updated metro district service plan with redlines as moved by planning commission. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Jeffrey Erb <jerb@svwpc.com> Sent: Tuesday, January 28, 2020 3:08 PM To: Bob Choate <bchoate@weldgov.com> Cc: Peter Martz (pmartzlrg@comcast.net) <pmartzlrg@comcast.net>; Michele Barrasso <mbarrasso@svwpc.com>; Natalie Fleming <nfleming@svwpc.com> Subject: Dry Creek Metropolitan District No. 1 - Updated Service Plan for BOCC Hearing Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bob, Service Plan Attached, please find (1) an updated service (clean and redline) for the Dry Creek Metro. District No. 1 and (2) a complete set of exhibits. The changes cover: 1. The two changes requested by the county; 2. Correction of a "math error" regarding the size of the service area; 3. Correction of a paragraph reference; 4. Updated Exhibit G re need for an additional IGA with TCVMD to memorialize exactly what water and sewer will be built and how it will be paid for (required by the Water and Sewer Service Agreement). In addition, I have incorporated the updated exhibits Peter Martz previously provided that were part of the Planning Commission review. Fort Lupton I have received and reviewed Fort Lupton's letter regarding the hearing tomorrow, including the withdrawal of the continuation request. Sounds like were in good shape to move forward with the hearing tomorrow; see you at 10. Sincerely, 1 Jeff Jeffrey E. Erb. Esq Seter & Vander Wall, P.C. 7400 E. Orchard Road. Suite 3300 Greenwood Village, CO 80111 303-770-2700 303-770-2701 (fax) jerb(a�svwpc. corn www. s vwpc. corn Linked --- CONFIDENTIAL/PRIVILEGED COMMUNICATION. This e-mail may contain attorney -client or otherwise privileged and confidential information intended only for the use of one of our clients. Dissemination. distribution or copying of this communication is strictly prohibited. If you believe that this e-mail has been sent to you in error, please reply to the sender that you received the message in error and delete this e-mail Although this e-mail and any included files are believed to be free of any virus, the files should be virus scanned before opening them. 2 EXHIBIT A - LEGAL DESCRIPTION OF INITIAL DISTRICT BOUNDARY 100392861} LEGAL DESCRIPTION LOT "B" RECORDED EXEMPTION NO. 1469-35-03 RE -4462, AND LOT "B" RECORDED EXEMPTION NO. 1469-35-03 RE -433, BOTH IN THE OFFICIAL RECORDS OF THE CLERK AND RECORDER, COUNTY OF WELD. STATE OF COLORADO, LYING WITHIN THE WEST HALF OF SECTION 35. TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID COUNTY AND STATE. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35, THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35, NORTH 00°46'38" WEST. A DISTANCE OF 2,639.81 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 35, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID LOT "B RECORDED EXEMPTION NO. 1469-35-03 RE -4462": THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, ALONG THE NORTHERLY, WESTERLY, AND EASTERLY BOUNDARY'S OF SAID LAST DESCRIBED LOT "B" THE FOLLOWING FIVE (5) COURSES. 1) NORTH 89°35'28" EAST, A DISTANCE OF 738.93 FEET; 2) NORTH 00°24'32" WEST, A DISTANCE OF 154.03 FEET, 3) SOUTH 58°48'43" EAST, A DISTANCE OF 450.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 5,729.58 FEET; 4) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02"17'09", AN ARC LENGTH OF 228.57 FEET; 5) SOUTH 00°43'19" EAST, A DISTANCE OF 2,440.95 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 35 AND SECTION 2, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, SOUTH 89"33'32" WEST, A DISTANCE OF 1,316.45 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 79 525 ACRES, (3,464.089 SQUARE FEET), MORE OR LESS. ILLUSTRATION ATTACHED AND MADE A PART HEREOF. a P.05. SW CORNER SECTION 35 LOT A \ .6 C4? ED f1'EAIPAGW NO ►•69 -35 -OS APE 4462 S7 ( AC) 14 Su -5.12 2 NOO'24'32'W NW 1/4 SEC. 35, 154-.03' 1.1N.. R.67W., SDCflI P.I. N89'35'28"E 738.93' R 1/4 coRNER carcnoN 35 S58'48'43'E 450.99' t of to N 3 M O 0 (BASIS OF BEARINGS) LOTS NJ -CG QOW f.AEAP ROy WO. 7369-35-03 '4$! PARCEL CON TANS 3,464.089 (S0.FT. ) 79.525 ACRES MORE OR LESS i utaa 4 LD . Et No toga 11 1/2 SW 1/4 SEC. 35. T. IN.. R.671F., SIXTH P.M. x1011-17-MYEAThtW1 s ;z PAZ I,36 LOT 13 sEC0PJEG f'x(lIPJIOW MA 7169-35--t73 RE 435 C Aa mar S89'33'32"W 1316.45' 500'43'19"E 2440.95' N89.15'28"E 2638.00' NLIECrACSl1/IOrStt 35 c -W 1/16 CORNER SECTION 35 A=217'09" R-5729.58' ` L=228.57' --- Sr 40O Semi } - 4 E 1/2 SW 1/4 SEC. 35, TAN., R.67W., SIXTH P.M. SrIii1 t--Y-tarEASSr wT 1- °coral Ala- 290 POSSaf 49' AOff -Sal r AS OMCI10 0Y IPfaR1117) EATW1PINJI fAI 1159-1S-oJ RE 4462 R 1/16 CORNER SECTION 35/2 OIE4r/fEWO4xSEC.8 TIN R671T_ t I -1.489'33432-E N89.33'32 -E na MY! COUNTY ROAD 2 (60' WIDE PUBLIC ROW) SOOK 8.3. PACE 290 NOTE- 1H15 DRAWNG DOES NOT REPRESENT A M(*wtNTID LAM) 91RWEr MID IS ON.Y INTENDED TO DEPICT THE ATTAGE0 LEGAL DESORPTION HR3 HRGreen DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com LEGAL DESCRIPTION EXHIBIT A SCALE: 1 "=500' DATE: 01 /30/1 9 EXHIu, HRGreen.com HRGreen DRY CREEK METROPOLITAN DISTRICT NO. 1 VICINITY MAP SCALE: 1 "=5000' DATE: 01/30/19 EXHIBIT C-1 - INITIAL DISTRICT BOUNDARY MAP {00392871) EXHIBIT C-2 - FUTURE INCLUSION AREA BOUNDARY MAP AND LEGAL DESCRIPTION {00392841) Note: Phase 1 is not part of the Future Inclusion Area because Phase I is part of the Initial District Boundary. Remaining property is part of the Future Inclusion Area. Legal Description of Future Inclusion Area (Future Inclusion Area legal description includes the property within the Initial District Boundary. Future Inclusion Area includes all property except the property described as part of the Initial District Boundary). {00392841} DRY CREEK EAST LAND DESCRIPTION: PART OF THE SOUTHWEST QUARTER (SW 114) AND THE NORTHWEST QUARTER (NW 1/4) OF SECTION 35, AND PART OF THE SOUTHWEST QUARTER (SW 114) AND THE NORTHEAST QUARTER (NE 1/4) OF SFCTION 26. TOWNSHIP ONE NORTH (T01N), RANGE SIXTY-SEVEN WEST (R67W) OF THE SIXTH PRINCIPAL MERIDIAN (6TH P M.). COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE BASIS OF BEARINGS IS THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP ONE NORTH (T01N), RANGE SIXTY-SEVEN WEST (R67W) OF THE SIXTH PRINCIPAL MERIDIAN (6TH P M ), COUNTY OF WELD, STATE OF COLORADO, BEING MONUMENTED AT THE SOUTHWEST QUARTER CORNER AS A 2 -INCH ALUMINUM CAP STAMPED 'L S. 2593T AND BEING MONUMENTED AT THE NORTHWEST QUARTER CORNER AS A 3.25 -INCH ALUMINUM CAP STAMPED 'L S. 2593T SAID LINE BEARS NO0134613814/ FOR A DISTANCE OF 2639 85 FEET BEGINNING AT THE SOUTHWEST CORNER OF SOUTHWEST QUARTER OF SECTION 35, THENCE NC0°46'38'W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2639.85 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, THENCE N89°35'40"E, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, SAID NORTH LINE ALSO BEING THE SOUTHERLY LINE OF LOT A RECCRDED EXEMPTION NO. 1469-35-03 RE -4462 RECEPTION NO 3450532, FOR A DISTANCE OF 738.93 FEET; THENCE DEPARTING THE NORTH LINE OF SAID SOUTHWEST QUARTER N00''24'20"W, ALONG I HE EASTERLY LINE OF SAID LOT A FOR A DISTANCE OF 154 03 FEET, THENCE N58°48'43"W, ALONG THE NORTHERLY LINE OF SAID LOT A FOR A DISTANCE OF 872 48 FEET TO A POINT ON THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 35; THENCE DEPARTING THE NORTHERLY LINE OF SAID LOT A N00°48'03"W, ALONG THE WESTERLY LINE OF SAID NORTHWEST QUARTER FOR A DISTANCE OF 368 46 FEET; THENCE DEPARTING THE WESTERLY LINE OF SAID NORTHWEST QUARTER N84°21'53"E, ALONG THE SOUTHERLY LINE OF LOT A OF RECORDED EXEMPTION NO 1469-35-1 RE -4487 RECEPTION NO 3440694 FOR A DISTANCE OF 500 21 FEET; THENCE NO0'32'57"W, ALONG THE EASTERLY LINE OF SAID LOT A FOR A DISTANCE OF 345.19 FEET, THENCE S89°11'57"W, ALONG THE NORTHERLY LINE OF SAID LOT A FOR A DISTANCE OF 500.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID NORTHWEST QUARTER, THENCE DEPARTING THE NORTHERLY LINE OF SAID LOT A NOO°48'03"W, ALONG THE WESTERLY LINE OF SAID NORTHWEST QUARTER FOR A DISTANCE OF 1273.57 FEET TO THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 35; SAID NORTHWEST CORNER ALSO BEING THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 26, THENCE N00°33'06"W, ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER FOR A DISTANCE OF 2640.02 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, THENCE N89°40'23'E, ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER FOR A DISTANCE OF 2645.72 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE N00°31 18"W, ALONG THE WESTERLY LINE OF THE NORTHEAST QUARTER OF SECTION 26 FOR A DISTANCE OF 2493.67 FEET THENCE DEPARTING THE WESTERLY LINE OF SAID NORTHEAST QUARTER ALONG THE SOUTHERLY LINE OF LOT A RECORDED EXEMPTION NO 1469-26-1 RE -1898 RECEPTION NO 2510456, THE FOLLOWING SEVEN (7) COURSES AND DISTANCES. 1 S55°12'32'E FOR A DISTANCE OF 128 8.0 FEET, 2. THENCE S41°20'46"E FOR A DISTANCE OF 330.15 FEET: 3. THENCE S64°00'29"E FOR A DISTANCE OF 296.15 FEET; 4 THENCE S87°16'23'E FOR A DISTANCE OF 294.42 FEET, 5 THENCE $65°173'"E FOR A DISTANCE OF 158 91 FEET 6. THENCE S85°05'O4'E FOR A DISTANCE OF 190.61 FEET, 7 THENCE S80°02'2'"E FOR A DISTANCE OF 300.48 FEET :0(69184 THENCE NO2°53'58"E ALONG THE EASTERLY LINE OF SAID LOT A FOR A DISTANCE OF 764.93 FEET TO A POINT ON THE NORTHERLY LINE OF SAID NORTHEAST QUARTER: THENCE DEPARTING THE EASTERLY LINE OF SAID LOT A N89°34'02`E. ALONG THE NORTHERLY LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 847.23 FEET; THENCE DEPARTING THE NORTHERLY LINE OF SAID NORTHEAST QUARTER SOO°05'27'W FOR A DISTANCE OF 267.01 FEET THENCE N89°34'02`E FOR A DISTANCE OF 245 01 FEET TO THE EASTERLY LINE OF SAID NORTHEAST QUARTER; THENCE S00°05'27'W, ALONG THE EASTERLY LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 445.01 FEET; THENCE DEPARTING THE EASTERLY LINE OF SAID NORTHWEST QUARTER AND CONTINUING ALONG THE NORTHERLY AND WESTERLY LINES OF LOT A RECORDED EXEMPTION NO 1469- 26-1 RE -2859 RECEPTION NO. 2949931, THE FOLLOWING THREE (3) COURSES AND DISTANCES 1. S79°57'21'W FOR A DISTANCE OF 289.21 FEET, 2. THENCE S88°57'31"W FOR A DISTANCE OF 106 78 FEET; 3. THENCE S08°33'31"W FOR A DISTANCE OF 965 24 FEET; THENCE DEPARTING THE WESTERLY LINE OF SAID LOT A AND CONTINUING ALONG THE WESTERLY. SOUTHERLY AND EASTERLY LINES OF LOT B RECORDED EXEMPTION NO 1469-26- 1 RE215 RECEPTION NO 1694272 AND 2147506 THE FOLLOWING FOUR (4) COURSES AND DISTANCES 1. S26°29 31'W FOR A DISTANCE OF 272.60 FEET; 2. THENCE S01°10'04' E FOR A DISTANCE OF 148.90 FEET; 3. THENCE N89°04'04'E FOR A DISTANCE OF 530 60 FEET; 4. THENCE N09°48'489/1 FOR A DISTANCE OF 389.70 FEET; THENCE DEPARTING THE EASTERLY LINE OF SAID LOT B AND CONTINUING ALONG THE EASTERLY LINES OF LOT A RECORDED EXEMPTION NO 1469-26-1 RE -2859 RECEPTION NO. 2949931 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1. N09°48'48"W FOR A DISTANCE OF 117 30 FEET 2. THENCE N11°09'50"E FOR A DISTANCE OF 161.65 FEET, 3. THENCE N29°14'32"E FOR A DISTANCE OF 363 56 FEET TO A POINT ON THE EASTERLY LINE OF SAID NORTHEAST QUARTER: THENCE DEPARTING THE EASTERLY LINE OF SAID LCT A SOO°05'27'W, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 1523.23 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER, THENCE S89°40'23"W. ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER FOR A DISTANCE OF 2618.41 FEET TO THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER. THENCE S0O°31'18-E. ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 26 FOR A DISTANCE OF 2635 43 FEET TO THE SOU THEAST CORNER OF SAID SOUTHWEST QUARTER' SAID SOUTHEAST CORNER ALSO BEING THE NORTHEAST CORNER OF NORTHWEST QUARTER OF SECTION 35; THENCE SCO°39'48'E, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER FOR A DISTANCE OF 2641.41 FEET TO THE NORTHEAST CORNER OF SOUTHWEST QUARTER OF SECTION 35, THENCE S00°40'00 -E, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER FOR A DISTANCE OF 759.77 FEET- THENCE N68°58'25'W FOR A DISTANCE OF 755 90 FEET; THENCE NORTHWESTERLY, ALONG A CIRCULAR CURVE TO THE RIGHT HAVE A RADIUS OF 5729 75 FEET, AN ARC LENGTH OF 680.93 AND A CHORD WHICH BEARS N65'35'53"W FOR A DISTANCE OF 680 53 FEET TO A POINT ON THE EASTERLY LINE OF THE WEST I-ALF OF SAID SOUTHWEST QUARTER; THENCE SOO°43'19'E, ALONG THE EASTERLY LINE OF THE WEST HALF OF SAID SOUTHWEST QUARTER FOR A DISTANCE OF 2440.93 FEET TO SOUTHEAST CORNER OF THE WEST HALF OF SAID SOUTHWEST QUARTER, THENCE S89°33'23`W, ALONG THE I0039284I SOUTHERLY LINE OF SAID SOUTHWEST QUARTER FOR A DISTANCE OF 1316.44 FEET TO THE POINT OF BEGINNING: SAD PARCEL CONTAINING A CALCULATED AREA OF 530 10 ACRES MORE OR LESS; SAID PARCEL BEING SUBJECT TO COUNTY ROAD RIGHT-OF-WAY AS RECORDED AT THE CLERK AND RECORDERS OFFICE IN BOOK 96 AT PAGE 273. {00392841} PARCEL LAND DESCRIPTIONS: TITLE COMMITMENT PARCEL ONE (WELD COUNTY ASSESSOR'S PARCEL NO. 146926000009): THE S 112 OF THE SW 1/4 OF SECTION 26, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P M , COUNTY OF WELD STATE OF COLORADO TITLE COMMITMENT PARCEL TWO [WELD COUNTY ASSESSOR'S PARCEL NOS. 146935200011 AND A PORTION OF 46935200012): ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF UNION PACIFIC RAILROAD COMPANY IN THE SW 1/4 OF SECTION 35, TOWNSHIP 1 NORTH RANGE 67 WEST OF THE 6TH P M, COUNTY OF WELD, STATE OF COLORADO EXTENDING SOUTHEASTERLY FROM THE NORTH LINE TO THE EAST LINE OF SAID SW 1/4 AND LYING BETWEEN THE CENTERLINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY, AS FORMERLY CONSTRUCTED AND OPERATED, AND A LINE PARALLEL WITH AND 50 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES AND/OR RADIALLY FROM SAID CENTERLINE OF MAIN TRACK, ALSO ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF SAID RAILROAD COMPANY IN THE NW 1/4 OF SAID SECTION 35, EXTENDING SOUTHEASTERLY FROM THE WEST LINE TO THE SOUTH LINE OF SAID NW 1/4 AND LYING BETWEEN THE CENTER LINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY, AS FORMER/ Y CONSTRUCTED AND OPERATED, AND A LINE PARALLEL WITH AND 200 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES AND/OR RADIALLY, FROM SAID CENTER LINE OF MAIN TRACK TITLE COMMITMENT PARCEL THREE (A PORTION OF WELD COUNTY ASSESSOR'S PARCEL NO. 146935200010): ALL THAT PART OF THE SW 1/4 OF SECTION 35. TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO LYING NORTH OF THE RIGHT OF WAY OF THE UNION PACIFIC RAILROAD COMPANY. TITLE COMMITMENT PARCEL FOUR (WELD COUNTY ASSESSOR'S PARCEL NOS. 146935200008, 14693520009, 146935?04010i* AND A PORTION OF 146935200012): ALL THAT PART OF THE NW 1/4 OF SECTION 35, TOWNSHIP NORTH, RANGE 67 WEST OF THE CT- P.M , COUNTY OF WELD, STATE OF COLORADO LYING NORTH OF THE RIGHT OF WAY OF I HE UNION PACIFIC RAILROAD COMPANY EXCEPTING THEREFROM, LOT A, RECORDED EXEMPTION NO 1469-35-1 RE 4487, RECORDED 12 8, 2006 AT RECEPTION NO. 3440694, LOCATED IN THE W 1/2 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD. STATE OF COLORADO TITLE COMMITMENT PARCEL FIVE (WELD COUNTY ASSESSOR'S PARCEL NOS. 146926100002 AND 146926100003); ALL THAT PART OF THE NE 1/4 OF SECTION 26, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M , COUNTY OF WELD. STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SECTION 26 AND CONSIDERING THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 26 AS BEARING S 90" 00' 00" W, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO 003928.11 THENCE S 00° 33' 57" W. ALONG 1HE EAST LINE OF THE NE 1/4 OF SAID SECTION 26, A DISTANCE OF 2650.67 FEET TO THE E 1/4 CORNER OF SAID SECTION 26; THENCE N89° 53' 08" W, ALONG THE SOUTH LINE OF THE NE 1/4 OF SAID SECTION 26. A DISTANCE OF 1806.06 FEET; THENCE N 7° 30' 02" E, 193 51 FEET; THENCE N 2° 15' 24" E, 357.85 FEET THENCE N 29' 13' 40' E, 429.55 FEET; THENCE N 40° 07' 18"E, 349 17 FEET; THENCE N 7Q` 53' 14" E, 141.55 FEET; THENCE N 54' 12' 31" E, 88.31 FEET; THENCE N 29° 10' 23" E, 312.61 FEET. THENCE N 1° 22' 00" W, 177.68 FEET THENCE N 32° 17' 27 W, 172.52 FEET. THENCE N 3' 20' 00" E, 762 57 FEET TO A POINT ON THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 26, THENCE N 90° 00' 00" E ALONG THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 26, A DISTANCE OF 1052.42 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM A TRACT OF LAND CONVEYED BY DEED RECORDED OCTOBER 8 1976 AT RECEPTION NO. 1700903 IN BOOK 779 AND EXCEPTING THEREFROM A TRACT OF LAND CONVEYED BY DEED RECORDED JULY 8, 1988 AT RECEPTION NO. 2147403 IN BOOK 1202 AND EXCEPTING THEREFROM LOT A, RECORDED EXEMPTION NO 1496-26-1 RE 2859, RECORDED MAY 9, 2002 AT RECEPTION NO. 2949931, LOCATED IN THE NE 114 OF SECTION 26, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P M. COUNTY O= WELD, STATE OF COLORADO. A PORTION OF SAID PARCEL ALSO SHOWN AS LOT B. RECORDED EXEMPTION NO 1496 -26 -1 -RE 2859, RECORDED MAY 9, 2002 AT RECEPTION NO. 2949931, LOCATED IN THE NE 1/4 OF SECTION 26, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P M., COUNTY Of WELD, STATE OF COLORADO. TITLE COMMITMENT PARCEL SIX (WELD COUNTY ASSESSOR'S PARCEL NO. 146926100036): ALL THAT PART OF THE NE 114 OF SECTION 26. TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD. STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE NE CORNER OF SAID SECTION 26 AND CONSIDERING THE NORTH LINE OF THE NE 1/4 OF SAID SECTION 26 AS BERING S 90° 00' 00" W AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE S 90° 00' 00" W ALONG THE NORTH LINE OF THE NE 1/4 1052. 42 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING ALONG SAID NORTH LINE OF THE NE 1/4. S 90" 00' 00" W 1594.52 FEET TO THE N 1'4 CORNER OF SAID SECTION 26; THENCE S 00° 13' 22" W, ALONG THE WEST LINE OF THE NE 1;4 OF SECTION 26, A DISTANCE OF 2645 36 FEET TO THE CENTER CORNER OF SAID SECTION 26; THENCE S 89° 53' 08" E ALONG THE SOUTH LINE OF THE NE 1;4 OF SECTION 26 A DISTANCE OF 825.00 FEET TO A POINT WHICH IS 1806 06 FEET FROM THE E 1/4 CORNER OF SAID SECTION 26: THENCE N 7° 30' 02" E, 193 51 FEET; THENCE N 2° 15' 24" E 357 85 FEET THENCE N 29° 13' 40" E, 429.55 FEET, THENCE N 40' 07' 18" E, 349.17 FEET; THENCE N 70' 53' 14` E, 141.55 FEET. THENCE N 54" 12' 31" E, 88 31 FEET, THENCE N 29° 10' 23" E, 312 61 FEET, THENCE N 1° 22' 00" W, 177 68 FEET, THENCE N 32° 1T 22" W. 172.52 FEE 1, THENCE N 3° 20' 00" E, 762.57 FEET TO A POINT ON THE NORTH LINE OF THE NE 1/4 OF SECTION 26 AND THE TRUE POINT OF BEGINNING EXCEPTING ANY PORTION THEREOF WITHIN PARCEL CONVEYED IN DEED RECORDED JULY 10, 1997 AT RECEPTION NO. 2557342 IN BOOK 1615. SAID PARCEL ALSO SHOWN AS LOT 6. RECORDED EXEMPTION NO 1469-26-1 RE 1898, RECORDED SEPTEMBER 11, 1996 AT RECEPTION NO. 2510456. LOCATED IN THE NE 1/4 OF SECTION 26. TOWNSHIP 1 NORTH RANGE 67 WEST OF THE 6TH P.M , COUNTY OF WELD. STATE OF COLORADO {003928411 TITLE COMMITMENT PARCEL SEVEN (WELD COUNTY ASSESSOR'S PARCEL NO. 146935300027) BEGINNING AT THE SW CORNER OF SECTION 35, TOWNSHIP 1 NORTH. RANGE 67 WEST OF fHE 6TH P M , COUNTY OF WELD, STATE OF COLORADO, THENCE NORTH ALONG THE WEST LINE OF SID SECTION 35, 3001 7 FEET TO THE INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE BOULDER BRANCH OF THE UNION PACIFIC RAILROAD, SAID RIGHT OF WAY BEING 200 FEET DISTANCE SOUTHWESTERLY FROM THE CENTER LINE OF SAID RAILROAD WHEN MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND PARALLEL WITH SAID CENTERLINE OF SAID RAILROAD. 710 FEET TO THE INTERSECTION OF THE EAST WEST CENTERLINE OF SAID SECTION 35; THENCE EAST ALONG SAID CENTER LINE OF SAID SECTION 35 ALSO BEING THE RIGHT OF WAY LINE Of SAID RAILROAD. 291 7 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD WHICH IS 50 FEET DISTANCE SOUTHWESTERLY FROM THE CENTER LINE OF SAID RAILROAD WHEN MEASURED AT RIGHT ANGLES THERETO. THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND PARALLEL WITH SAID CENTER LINE OF SAID RAILROAD, 487.7 FEET TO THE INTERSECTION WITH THE EAST LINE OF THE W 1/2 OF THE SW 1;4 OF SAID SECTION 35; THENCE SOUTH ALONG SAID EAST LINE 2391 1 FEET TO THE SOUTH LINE OF SAID SECTION 35, THENCE WEST ALONG SAID SOUTH LINE 1320 FEET TO THE POINT OF BEGINNING. EXCEPT ANY PORTtON THEREOF LYING WITHIN LOT A. RECORDED EXEMPTION NO 1469-35-3 RE 4462, RECORDED JANUARY 24, 2007 AT RECEPTION NO, 3450532, LOCATED IN THE W 12 OF ;HE W 1/2 OF SECTION 35 TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M , COUNTY OF WELD STATE OF COLORADO AND ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS THAT PART CF THE W 1/2 OF SECTION 35. TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P. M.. COUNTY OF WELD, STATE OF COLORADO, DEFINED AS. BEGINNING AT THE SW CORNER OF SAID SECTION 35; THENCE N 00` 20' 10" W ON AN ASSUMED BEARING ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 242 46 FEET. THENCE N 90° 00' 00" E PARALLEL WITH THE SOUTH LINE OF SAID W 1/2 OF SECTION 35. A DISTANCE OF 215 59 FEET; THENCE S 00' 20' 10' E A DISTANCE OF 242.46 FEET TO A POINT ON THE SOUTH LINE OF SAID W 1/2 OF SECTION 35; THENCE S 90° DO' 00' W, A DISTANCE OF 215 59 FEET TO THE POINT OF BEGINNING; SAID PARCEL BEING A PORTION OF LOT A RECORDED EXEMPTION NO 1469-35-3 RE 433. RECORDED DECEMBER 19. 1979 AT RECEPTION NO 1812435, LOCATED IN THE W 1/2 OF SECTION 35 TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. SAID PARCEL ALSO BEING A PORTION OF LOT B, RECORDED EXEMPTION NO 1469-35-3 RE 4462, RECORDED JANUARY 24, 2007 AT RECEPTION NO. 3450532, LOCATED IN THE W 1/2 OF THE W 1/2 OF SECTION 35 TOWNSHIP 4 NORTH. RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD. STATE OF COLORADO TITLE COMMITMENT PARCEL EIGHT (WELD COUNTY ASSESSOR'S PARCEL NO. 146935300027): ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF UNION PACIFIC RAILROAD COMPANY IN THE NW 1/4 OF SECTION 35. TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD. STATE OF COLORADO. EXTENDING SOUTHEASTERLY FROM THE WEST LINE TO THE SOUTH LINE OF SAID NW 1/4 AND LYING BETWEEN THE CENTERLINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY, AS {00392841; FORMERLY CONSTRUCTED AND OPERATED, AND A LINE PARALLEL WMTH AND 200 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE OF MAIN TRACK. ALSO ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF SAD RAILROAD COMPANY IN THE NW 114 OF THE SW 1/4 OF SAID SECTION 35, EXTENDING SOUTHEASTERLY FROM THE NORTH LINE TO THE EAST LINE OF SAID NW 1/4 OF THE SW 1/4 AND LYING BETWEEN THE CENTERLINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY, AS FORMERLY CONSTRUCTED AND OPERATED, AND A LINE PARALLEL WITH AND 50 FEET SOUTHWESTERLY. MEASURED AT RIGHT ANGLES AND/OR RADIALLY FROM SAID CENTER LINE OF MAIN TRACK EXCEPTING THEREFROM, ANY PORTION THEREOF LYING WITHIN LOT A ON RECORDED EXEMPTION NO 1469-35-03 RE 4462, RECORDED JANUARY 24, 2007 AT RECEPTION NO. 3450532, LOCATED IN THE W 1/2 OF THE W 1/2 OF SECTION 35. TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M , COUNTY OF WELD, STATE OF COLORADO TITLE COMMITMENT PARCEL NINE (WELD COUNTY ASSESSOR'S PARCEL NO. 146935000024) - THAT PART OF THE W 1/2 OF SECTION 35. TOWNSHIP 1 NORTH. RANGE 67 WEST OF THE 6TH P M. COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS BEGINNING AT THE SW CORNER OF SAID SECTION 35, THENCE N 00' 20' 10" W ON AN ASSUMED BEARING ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 242.46 FEET; THENCE N90" 00' 00" E PARALLEL WITH THE SOUTH LINE OF SAID W 112 OF SECTION 35, A DISTANCE OF 215 59 FEET; THENCE S 00` 20' 10" E, A DISTANCE OF 247 46 FEET TO A POINT ON THE SOUTH LINE OF SAID W 1/2 OF SECTION 35; THENCE S 90° 00' 0C" W, A DISTANCE OF 215.59 FEET TO THE POINT OF BEGINNING THIS IS THE SAME PROPERTY THAT IS SHOWN AS LOT B, RECORDED EXEMPTION NO 1469-35-3 RE 433 RECORDED DECEMBER 19, 1979 AT RECEPTION NO 1812435. LOCATED IN THE W 1/2 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M . COUNTY OF WELD, STATE OF COLORADO. TITLE COMMITMENT PARCEL TEN (WELD COUNTY ASSESSOR'S PARCEL NO. 146926000008): THE N 1/2 OF THE SW 1)4 OF SECTION 26. TOWNSHIP 1 NORTH. RANGE 67 WEST OF THE 6TH P M . COUNTY OF WELD, STATE OF COLORADO .j a l (14105 (00392841) EXHIBIT D - PRIMARY INFRASTRUCTURE PLAN (00392878} Dry Creek East Metropolitan District Improvements Phase 1 Engineers Opinion of Probably Construction Costs INFRASTRUCTURE COSTS TOTAL PUBLIC ROADWAY AND SITE IMPROVEMENTS ARTERIAL ROADWAY S 1,061,910 COLLECTOR ROADWAY S 330,915 LOCAL ROADWAY S 1,754,870 SITE (GRADING, WALLS, STORM SEWER, EROSION CONTROL, DEMOLITION) $ 1,332,856 DETENTION/WATER QUALITY POND $ 262,300 COMMON LANDSCAPING $ 1,776,600 UTILITY POTABLE WATER S 3,957,260 IRRIGATION/NON-POTABLE WATER S 1.305,290 SANITARY SEWER S 6,483,785 DRY UTILITIES Not Included SUBTOTAL COST: CONTINGENCY (25%): SUBTOTAL: S 18 265,786 S4.566.446 $ 22,832,232 SOFT COSTSlia CIVIL ENGINEERING S 1,141,612 LAND PLANNING/LANDSCAPE DESIGN S 456,645 SURVEY/CONSTRUCTION STAKING S 456,645 GEOTECHNICAL ENGINEERING S 57,081 ENVIRONMENTAL ENGINEERING S 39,956 TRAFFIC/TRANSPORTATION ENGINEERING S 171,242 TAP FEES SCHOOL/PARK/TRANSPORTATION IMPACT FEES ($2600/LOT) S 431,600 CONSTRUCTION MANAGEMENT S 342,483 ENTITLEMENTS/INSPECTION S 136,993 MOBILIZATION $ 114,161 PERMITS S 91,329 WARRANTY S 456,645 S 114,161 LETTER OF CREDIT SUBTOTAL COST: S 4,010,552 CONTINGENCY (25%): 51,002.638 SUBTOTAL: $ 5,013,190 ESTIMATED TOTAL COST: $ 27,845,422 Since the Engineer has no control over the cost of labor, materials or equipment, or over the Contractor's method of determining prices, or over competitive bidding or market conditions, his opinions of probable construction cost provided for herein are made on the basis of his experience and qualifications. These opinions represent his best judgment as a design professional familiar with the construction industry. However, the Engineer cannot and does not guarantee that proposal, bids, or the construction cost will not vary from opinions of probable cost prepared by him. Dry Creek East Metropolitan District Improvements Phase 1 POTABLE WATER SUMMARY TABLE TOTAL POTABLE WATER DISTRIBUTION (ON -SITE) S 1,228.060 POTABLE WATER (OFF -SITE) S 2,729.200 SUBTOTAL COST: 5 3,957,260 POTABLE WATER DISTRIBUTION (ON -SITE) 8 AIR RELEASE VALVE 2 EA S 8.500.00 S 17.000.00 4" WATER MAIN 45 DEGREE BEND 2 EA S 400.00 S 800.00 8" 11.25 DEGREE BEND 7 EA S 600.00 S 4.200.00 8" WATER MAIN 45 DEGREE BEND 11 EA S 600.00 S 6.600.00 4" GATE VALVE & BOX 2 EA S 2.500.00 S 5,000.00 8" GATE VALVE & BOX 11 EA S 3.500 00 S 38.500.00 12" GATE VALVE & BOX 9 EA S 4,500.00 S 40;500.00 4" PLUG wl 2" BLOW OFF ASSEMBLY 3 EA S 1 600.00 S 4.800.00 8" PLUG wl 2" BLOW OFF ASSEMBLY 1 EA S 1,800.00 S 1,800.00 12" PLUG w/ 2" BLOWOFF ASSEMBLY 4 EA S 2 000.00 S 8000.00 4" PVC WATERMAIN C900 CL -200 540 LF $ 60.00 S 32,400.00 8" PVC WATERMAIN C900 CL -200 4860 LF S 80.00 S 388.800.00 12" PVC WATERMAIN C900 CL -200 2965 LF S 95.00 S 281,675.00 8" x 4" REDUCER 2 EA S 750.00 S 1.500.00 6" x 4" REDUCER 1 EA S 700.00 S 700.00 12" x 12" x 12" TEE 3 EA S 1.500.00 S 4 500.00 12" x 12" x 8" TEE 2 EA S 1.200.00 S 2,400.00 12" x 12" x 6" TEE 4 EA S 1.000.00 S 4.000.00 8" x 8" x 12" TEE 2 EA $ 1.250.00 S 2,500.00 8" x 8" x 8" TEE 3 EA S 1.000.00 S 3.000.00 8"x8"x6"TEE 11 EA $ 1.000.00 S 11.000.00 TESTING 8365 LF S 1.00 S 8.365.00 WATER SERVICE 166 EA S 1,500.00 S 249.000.00 FIRE HYDRANT ASSEMBLY 15 EA S 6,500.00 S 97.500.00 FIRE HYDRANT 6" DIP 169 LF S 80.00 S 13 520.00 SUBTOTAL: $ 1,228,060 POTABLE WATER (OFF -SITE) CONNECT TO EXISTING 2 EA $ 4.000.00 S 8.000.00 FIRE HYDRANT 6 -INCH DIP 360 LF S 42.00 S 15 120.00 FIRE HYDRANT ASSEMBLY w/GATE VALVE & BOX - At Bends 8 EA $ 8.500.00 S 68.000.00 AIR RELEASE VALVE w/MANHOLE 5 EA S 8.500.00 S 42.500.00 14" DUCTILE IRON PIPE 80 LF S 150.00 S 12.000.00 14" WATER MAIN 45 DEGREE BEND 10 EA S 1.600.00 S 16 000.00 14" 11.25 DEGREE BEND 10 EA S 1.600.00 S 16,000.00 14" FITTINGS - MISC 10 EA S 1.600.00 S 16000.00 14" GATE VALVE & BOX 25 EA $ 5.000.00 S 125.000.00 14' PLUG wi 2" BLOWOFF ASSEMBLY 6 EA S 2.000.00 S 12.000.00 14" PRESSURE REDUCE VALVE 1 EA $ 40.000.00 S 40.000.00 14" PIPE WITH 30" CASING JACK & BORE - Cross WCR2 East Connect 1 EA S 150,000.00 S 150,000.00 14" PIPE WITH 30" CASING JACK & BORE - Cross WCR2 West Connect 1 EA S 150.000.00 S 150.000.00 14" PVC WATERMAIN C900 CL -200 w/BEDDING 17095 LF S 1 15.00 S 1,965,925.00 14" x 14" x 14" TEE 2 EA $ 3.600.00 S 7.200.00 14" x 8" x 14" TEE 8 EA S 3.000.00 S 24.000.00 14" x 6" x 14" TEE FOR FIRE HYDRANTS a $ 3.000.00 S 24.000.00 TESTING 17455 LF S 1.00 S 17.455.00 ASPHALT R & R 1 LS S 20 000.00 S 20.000.00 SUBTOTAL: $ 2,729,200 Dry Creek East Metropolitan District Improvements Phase 1 IRRIGATION/NON-POTABLE WATER SUMMARY TABLE TOTAL IRRIGATION/NON-POTABLE WATER DISTRIBUTION (ON -SITE) $ 691,165 IRRIGATION/NON-POTABLE WATER (OFF -SITE) S 614,125 SUBTOTAL COST: $ 1,305,290 IRRIGATION/NON-POTABLE WATER DISTRIBUTION (ON -SITE) 8" AIR RELEASE VALVE 2 EA $ 8.500.00 $ 17.000.00 CONNECT TO EXISTING 2 EA S 4.000.00 S 8.000.00 IRRIGATION MAIN LINE 11.25 DEGREE BEND 8 EA $ 600.00 $ 4,800.00 IRRIGATION MAIN LINE 22.5 DEGREE BEND 3 EA S 600.00 $ 1 ,800.00 IRRIGATION MAIN LINE 90 DEGREE BEND 6 EA $ 600.00 $ 3,600.00 IRRIGATION SERVICE 166 EA S 1.000.00 S 166.000.00 20 EA S 1.500.00 $ 30,000.00 1.5" IRRIGATION TAP & METER PIT (COMMON SPACE) 4" PVC IRRIGATION C900 CL -200 3810 LF S 60.00 $ 228.600.00 6" PVC IRRIGATION MAIN C900 CL -200 3100 LF S 70.00 $ 217.000.00 IRRIGATION TEE 10 EA S 600.00 S 6.000.00 TESTING 8365 LF $ 1.00 $ 8,365.00 SUBTOTAL: $ 691,165 IRRIGATION/NON-POTABLE WATER (OFF -SITE) 8 AIR RELEASE VALVE 2 EA S 8.500.00 S 17.000.00 8" PVC Pipe Connection at East Connection Point 1 EA $1,500.00 $ 1,500.00 8" PVC Pipe Connection at West Connection Point 1 EA $1.500.00 S 1.500.00 8" PIPE WITH 24" STEEL CASING JACK & BORE CROSS WCR 2 AT EAS1 1 EA S135,000.00 $ 135,000.00 8" PIPE WITH 24" STEEL CASING JACK & BORE CROSS WCR 2 AT WES 1 EA S135,000.00 S 135,000.00 8" PVC IRRIGATION MAIN CL -200 w/ BEDDING 3125 LF $80.00 $ 250.000.00 8" FITTINGS 10 EA S600.00 S 6.000.00 TESTING 3125 LF $1.00 $ 3.125.00 ASPHALT R & R 1 LS S65.000.00 S 65,000.00 PIPE LINE BUILD BY OTHERS - Later 5385 LF $0.00 $ - FITTINGS - PIPE LINE BUILD BY OTHERS - Later EA $0.00 $ - CONNECT TO EXISTING - PIPE LINE BUILD BY OTHERS - Later 2 EA $0.00 $ - SUBTOTAL 614,125 Dry Creek East Metropolitan District Improvements Phase 1 SANITARY SEWER SUMMARY TABLE TOTAL WASTEWATER COLLECTION (ON -SITE) $ 925,113 WASTEWATER (OFF -SITE) $ 5.558,673 SUBTOTAL COST: $ 6,483,785 WASTEWATER COLLECTION (ON -SITE) 4' DIAMETER MANHOLE 16 EA $ 5,000.00 $ 80.000.00 5' DIAMETER MANHOLE 10 EA $ 6,000.00 S 60,000.00 8" PVC MAIN w/ PERFORATED UNDERDRAIN 6825 LF S 75.00 $ 511 875.00 AIR TEST MAIN 6825 LF S 0.70 $ 4,777.50 DEFLECTION TEST MAIN 6825 LF S 0.80 S 5.460.00 EXTRA DEPTH MANHOLE 200 VF $ 30.00 $ 6,000.00 SANITARY SERVICES 166 EA S 1 .500.00 S 249.000.00 UD CUTOFF WALL 10 EA $ 800.00 $ 8,000.00 SUBTOTAL: $ 925,113 WASTEWATER (OFF -SITE) 15"PVC Gravity Line to Lift Station from Phase 1B from South w/perf drain 1435 LF S 165.00 $ 236.775.00 15"PVC Gravity from Phase 1A Site to Phase 1B Pipe from South w/perf drai 1500 LF $ 165.00 $ 247,500.00 - Along 15" Gravity Line 1B to Lift Station - 10 ft 4 EA S 6.000.00 S 24,000.00 4' DIAMETER MANHOLE 4' DIAMETER MANHOLE - Along 15" Gravity Line 1A to 1B - 10 ft 5 EA $ 6.000.00 $ 30.000.00 15"PVC Gravity Line to Lift Station from the North w/perf drain - Later 5285 LF $ - S - 4' DIAMETER MH - Along 15" Gravity Line to Lift Station from North -Later 12 EA $ - S - 10" PVC FORCEMAIN w/BEDDING TO 168TH w/perf drain 4020 LF $ 95.00 $ 381 .900.00 10" FORCEMAIN CLEAN OUT 1 EA S 8.500.00 S 8.500.00 24" PVC w/ BEDDING - GRAVITY PIPE DOWN 168TH w/perf drain 10050 LF S 230.00 $ 2.31 1 .500.00 4' DIAMETER MANHOLE - ALONG 24" Gravity Line down 168th 34 EA S 7,000.00 $ 238,000.00 24" INV SIPHON ACROSS DRAIN SWALE WITH 36" CASING JACK/BORE 2 EA S 160.000.00 S 320.000.00 24" INV SIPHON ACROSS RIVER WITH 36" CASING JACK/BORE 1 EA $ 280,000.00 $ 280,000.00 CONNECT TO EXISTING 1 EA S 4.000.00 $ 4.000.00 TIE INTO EXISTING MANHOLE 1 EA $ 1.500.00 $ 1.500.00 TIE INTO EXISTING UNDERDRAIN 1 EA $ 1.500.00 $ 1 .500.00 TEST GRAVITY SEWER - AIR AND DEFLECTION 12985 LF $ 1.50 S 19.477.50 TEST FORCEMAIN - PRESSURE 4020 LF $ 1.00 $ 4,020.00 TRAFFIC CONTROL 1 LS $ 10.000.00 S 10,000.00 CROSS UNDER EXISTING UTILITIES 1 LS S 10.000.00 $ 10,000.00 ROCK CUT (for 24 inch gravity along 168th) 7500 CY $ 40.00 $ 300,000.00 ASPHALT R & R 1 LS $ 500.000.00 $ 500.000.00 Lift Station - Package 1 EA $ 450,000.00 $ 450,000.00 Lift Station - Concrete Structure 1 EA S 75.000.00 S 75.000.00 Lift Station - Electrical Control 1 EA $ 65.000.00 $ 65.000.00 Emergency Power Supply System 1 EA S 40.000.00 S 40,000.00 SUBTOTAL: $5,558,673 Dry Creek East Metropolitan District Improvements Phase 1 PUBLIC ROADWAY AND SITE IMPROVEMENTS SUMMARY TABLE TOTAL ARTERIAL $ 1.061.910 COLLECTOR $ 330,915 LOCAL $ 1.754.870 SUBTOTAL COST: $ 3,147,695 ARTERIAL ACCESSIBLE RAMPS 10 EA S 1.500.00 $ 15.000.00 10' SIDEWALK - 4" THICK 4000 LF $ 44.00 $ 176.000.00 SIDEWALK SUBGRADE PREP 4000 LF S 1.85 $ 7.400.00 4800 LF S 20.00 $ 96.000.00 6" VERTICAL CURB & GUTTER w/ 2' PAN CURB & GUTTER PREP 4800 LF S 1.90 $ 9.120.00 CONCRETE CROSSPAN 5 EA S 1.500.00 $ 7.500.00 9" AGGREGATE BASE COURSE (ABC) + TAPER 20300 SY S 6.80 $ 138,040.00 5" ASPHALT PAVING + TAPER 20300 SY S 22.00 $ 446.600.00 STRIPING 12000 LF S 0.80 S 9.600.00 SIGNAGE 12 EA $ 850.00 $ 10.200.00 RAISE MANHOLE LIDSNALVE BOXES 12 EA $ 400.00 S 4.800.00 TRAFFIC CONTROL 1 LS $ 30.000.00 $ 30.000.00 SUBGRADE PREPARATION (FLY ASH) 20300 SY S 5.50 S 111,650.00 SUBTOTAL: $ 1,061,910 COLLECTOR ACCESSIBLE RAMPS 3 EA S 1.500.00 $ 4 500.00 6' SIDEWALK - 6" THICK 2040 LF $ 27.00 $ 55.080.00 SIDEWALK SUBGRADE PREP 2040 LF S 1.85 S 3.774.00 6" VERTICAL CURB & GUTTER 2140 LF S 20.00 $ 42.800.00 CURB & GUTTER PREP 2140 LF S 1.90 S 4.066.00 CONCRETE CROSSPAN 1 EA $ 1.500.00 $ 1.500.00 9" AGGREGATE BASE COURSE (ABC) + TAPER 6150 SY S 6.80 S 41_820.00 5" ASPHALT PAVING + TAPER 6150 SY $ 22.00 $ 135.300.00 STRIPING 5000 LF S 0.80 S 4.000.00 SIGNAGE 5 EA $ 850.00 $ 4.250.00 SUBGRADE PREPARATION (FLY ASH) 6150 SY S 5.50 $ 33.825.00 SUBTOTAL: $ 330,915 LOCAL ACCESSIBLE RAMPS 25 EA S 1,500.00 $ 37 500 00 4' SIDEWALK - 6" THICK 13000 LF $ 18.00 $ 234,000.00 6' SIDEWALK - 6" THICK 2800 LF S 27.00 S 75 600.00 SIDEWALK SUBGRADE PREP 16000 LF S 1.85 $ 29.600.00 13000 LF $ 16.50 $ 214 500.00 4" ROLL CURB & GUTTER 3000 LF $ 20.00 $ 60.000.00 6" VERTICAL CURB & GUTTER CURB & GUTTER PREP 16000 LF S 1.90 $ 30,400.00 6" AGGREGATE BASE COURSE (ABC) 33500 SY S 6.50 $ 217.750.00 4" ASPHALT PAVING 33500 SY S 18.50 $ 619.750.00 STRIPING 11400 LF $ 0.80 $ 9.120.00 SIGNAGE 40 EA S 850.00 $ 34 000.00 UTILITY SLEEVES 21 EA S 400.00 $ 8.400.00 SUBGRADE PREPARATION (FLY ASH) 33500 SY S 5.50 $ 184 250.00 SUBTOTAL: $ 1,754,870 Dry Creek East Metropolitan District Improvements Phase 1 PUBLIC ROADWAY AND SITE IMPROVEMENTS SUMMARY TABLE TOTAL SITE (GRADING, WALLS, EROSION CONTROL, STORM SEWER, DEMOLITION) $ 1.332,856 DETENTION/WATER QUALITY POND $ 262,300 COMMON LANDSCAPING $ 1,776.600 SUBTOTAL COST: $ 3,371,756 SITE (GRADING, WALLS, EROSION CONTROL, STORM SEWER, DEMOLITION) EXCAVATION CU -I 53653 CY $ 3.00 $ 160.959.00 EXCAVATION FILL 31035 CY $ 5.00 $ 155,176.50 EROSION CONTROL 72.4 AC $ 1.800.00 $ 130 320.00 DEWATERING OPERATIONS 1 LS S 100,000.00 $ 100.000.00 SWPP BOOK & MAINTENANCE 8 MO $ 1.200.00 $ 9.600.00 4 EA S 5.000.00 $ 20 000.00 5' DIAMETER MANHOLE 18" FES 2 EA $ 725.00 $ 1.450.00 24" FES 1 EA S 850.00 $ 850.00 18" RCP CL -Ill 1575 LF $ 120.00 $ 189,000.00 24" RCP CL -Ill 175 LF S 140.00 $ 24 500.00 RCB BOX CULVERT 3 EA $ 140.000.00 $ 420.000.00 5' TYPE R INLET 2 EA S 6.500 00 S 13.000.00 10' TYPE R INLET 8 EA $ 10.000.00 $ 80,000.00 EXTRA DEPTH 100 LF S 30.00 $ 3.000.00 DEMOLITION & HAUL OFF 1 LS S 25,000.00 $ 25,000.00 SUBTOTAL: $ 1,332,856 DETENTION/WATER QUALITY POND DRAINAGE SWALES 4500 LF $ 35.00 $ 157.500.00 1 LS $ 45,000.00 $ 45,000.00 OUTLET STRUCTURE RIPRAP 150 CY $ 260.00 $ 39.000.00 TRICKLE CHANNEL 200 LF $ 9.00 $ 1,800.00 FOREBAY 1 LS $ 15.000.00 $ 15,000.00 WATER QUALITY POND/OUTLET 1 EA $ 4.000.00 $ 4.000.00 SUBTOTAL: $ 262,300 COMMON LANDSCAPING COMMON SPACE LANDSCAPING W/IRRIGATION 522720 SF S 2.50 $ 1 306 800.00 ENTRY MONUMENTATION 1 EA $ 30.000.00 $ 30,000.00 OPEN SPACE TRACT TRAIL (8 FEET) 84000 SF S 4.45 $ 373.800.00 SPLIT RAIL FENCING 6000 LF $ 11.00 $ 66.000.00 SUBTOTAL: $ 1,776,600 EXHIBIT E - MAP DEPICTING PUBLIC IMPROVEMENTS {00392881} 80' 12' 20' 1. 16' 20' 12' 6' 5 12' O Z Cc 4 O J LU Z 4 CC I- 2% PAIN MEC TED IAN 12' a• J w 4 C✓ I - W Z 4 -J 2% O z Y CC 4 a 6' VERTICAL CURB & GUTTER SEE STD. S7 1 2 LANE URBAN COLLECTOR - 80' ROW MOUNTABLE 60' 12' 4' 0 5- a' w _ a 4 U 3Q 0 41 2%I 36• I 10' 10' e• 12' -- PARKING J W Q Z a: F- 2% r/o Z a US' CL 4 0 U) O z 5 VERTICAL CURB & GUTTER SEE STD S7.1 15' 4' 0.5" 1_2%1 LOCAL RESIDENTIAL - 60' ROW MOUNTABLE 60' Y O O4 J m CO ILL Tn 16• 24' 12' 12' 16' DO W Z J Y O C` Z 4 4a J 11.1 LAJ > • z re H 2% 2% 0 w Z 0 Z CC 4 4 a 15' VERTICAL CURB & GUTTER SEE STD. S7 1 LOCAL COMMERCIAL - 60' ROW MOUNTABLE pad O O O 4 J m m F - W Tn HRGreen r N Q 0 I - Z D 0 U COUNTY ROAD 2 STREET IMPROVEMENT LEGEND PROP. SIDEWALK PROP. GUTTER STREET SECTIONS ARTERIALS COLLECTOR a LOCAL COMMERCIAL LOCAL RESIDENTIAL STREET/ROADWAY IMPROVEMENTS DESCRIPTION • ARTERIAL ROADWAYS - CR- 2 AND CR-21 THE PERIMETER ROADWAYS WILL BE CONSTRUCTED TO A ONE-HALF ARTERIAL ROADWAY SECTION. FUTURE MEDIAN WILL BE PROVIDED LATER BY OTHERS. A FOUR -FEET WIDE GRAVEL SHOULDER WILL BE ADDED ALONG THE WESTERN EDGE OF CR-21. CURRENT PAVEMENT FOR CR-21 WILL BE INTEGRATED INTO THE NORTH HALF ARTERIAL SECTION FOR CR 2. • LOCAL COMMERCIAL ROADWAYS - THESE INTERNAL COMMERCIAL ROADWAYS WILL BE DEDICATED WITH A 60 -FEET RIGHT-OF-WAY AND INCLUDE A 56 FEET WIDE PAVED ROADWAY. DETACHED SIDEWALKS WILL BE CONSTRUCTED LATER WHEN ADJACENT COMMERCIAL PROPERTIES DEVELOP. • LOCAL RESIDENTIAL ROADWAYS - THESE INTERNAL RESIDENTIAL ROADWAYS WILL BE DEDICATED AS 6O FEET RIGHTS -OF -WAY AND WILL INCLUDE A 36 FEET WIDE PAVED STREET SECTION AND 4 FEET WIDE DETACHED SIDEWALKS AND LANDSCAPE TREE LAWN. • TWO-LANE URBAN COLLECTOR - THIS ROADWAY WILL BE DEDICATED WITH AN 80 FEET RIGHT -OF WAY AND WILL INCLUDE A 56 FEET WIDE PAVED ROADWAY THAT WOULD INCLUDE A PAINTED MEDIAN, TWO 12 -FOOT TRAVEL LANES AND TWO 8 -FOOT PARKING LANES. SIX FEET WIDE DETACHED SIDEWALKS AND TREE LAWN AREAS WILL BE PROVIDED. DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com ROADWAY AND TRAFFIC 0 50C 25O EXHIBIT E-1 SCALE: 1 "=500' DATE: 01/30/19 • HRGreen r N O 0 ce } Z 0 U I LOCAL PARK i MIXED USE MULTIFAMILY USE I ei OUTFALL TO OFFSITE DETENTION POND COUNTY ROAD 2 STORM IMPROVEMENT LEGEND PROP. SWALE CENTERLINE PROP 18" STORM PROP 24" STORM PROP. DETENTION POND STORM DRAINAGE IMPROVEMENTS DESCRIPTION • PUBLIC STORM SEWER - THE STORM SEWER SYSTEM WILL BE DESIGNED IN CONFORMANCE WITH WELD COUNTY STANDARDS AND SPECIFICATIONS AND WILL INCLUDE VARYING SIZES OF CONCRETE STORM SEWER, CURB INLETS, MANHOLES AND FLARED END SECTIONS PLACED AT DAYLIGHT POINTS. • REGIONAL DRAINAGE SWALE - THIS REGIONAL SWALE IS INTENDED TO INTERCEPT OFFSITE- UPSTREAM DRAINAGE FLOWS AND ROUTE THESE FLOWS THROUGH THE SITE CROSSING CULVERTS WILL BE REQUIRED AT PLANNED ROAD CROSSINGS • LOCAL DRAINAGE SWALES - LOCAL DRAINAGE SWALES ARE INTENDED TO INTERCEPT LOCAL ONSITE DRAINAGE AND CONVEY FLOWS TO SUB -REGIONAL DETENTION POND • SUB -REGIONAL DETENTION POND - A SUB -REGIONAL DETENTION POND WILL BE CONSTRUCTION WITHIN THE DISTRICT BOUNDARIES TO ATTENUATE PEAK STORM DISCHARGE FLOWS DOWNSTREAM DETENTION AND WATER QUALITY WILL BE PROVIDED IN CONFORMANCE TO WELD COUNTY AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT DESIGN STANDARDS. 0 250 500 HRGreen.com DRY CREEK METROPOLITAN DISTRICT NO. 1 STORM SEWER EXHIBIT E -� SCALE: 1 "=500' DATE: 01/30/19 I i i I SEE EXHIBIT D-5 FOR OFF -SITE WATER MAIN LOCAL PARK 4 A viL i F MIXED USE III MULTIFAMILY USE I a t SEE EXHIBIT D-4 FOR OFF -SITE WATER MAIN liRe3 HRGreen HRGreen.com COUNTY ROAD 2 t WATER IMPROVEMENT LEGEND PROP. 4" WATER PIPE PROP. 8" WATER PIPE PROP. 12" WATER PIPE -) PROP. FIRE HYDRANT N A' PROP. WATER VALVE PROP. WATER PLUG PROP. WATER BLOWOFF WATER MAIN IMPROVEMENTS DESCRIPTION: POTABLE WATER MAIN IMPROVEMENTS WILL INCLUDE PVC WATERMAINS ROUTED WITHIN ALL INTERNAL ROADWAYS TO PROVIDE POINT OF SERVICE CONNECTION TO ALL PLATTED LOTS, WATER MAIN IMPROVEMENTS WILL INCLUDE ALL FITTINGS, FIRE HYDRANTS, GATE VALVES, BLOW -OFFS, AIR RELEASE VALVES AND TERMINAL PLUGS. DRY CREEK METROPOLITAN DISTRICT NO. 1 WATER MAIN 0 25U 5L EXHIBIT E-3 SCALE: 1"=500' DATE: 01/30/19 COUNTY ROAD 21 MIXED USE MULTIFAMILY USE a COUNTY ROAD 2 8" SANITARY SEWER OUTFALL TO OFFSITE PACKAGE WASTEWATER TREATMENT REUSE FACILITY SANITARY IMPROVEMENT LEGEND PROP SANITARY MANHOLE PROP. SANITARY SEWER SANITARY IMPROVEMENT DESCRIPTIONS: SANITARY SEWER PLANNED FOR THE DEVELOPMENT PARCELS WILL CONSIST OF 8 -INCH PVC SEWER PIPE, 4 -FEET ID MANHOLES AND SERVICE STUBS INTO FUTURE DEVELOPMENT PARCELS. SANITARY SEWER MAINS WILL BE ROUTED TO ALLOW POINT OF SERVICE CONNECTION FOR INTERNAL PLATTED PARCEL OR LOT. 0 250 I -R3 HRGreen HRGreen.com DRY CREEK METROPOLITAN DISTRICT NO. 1 SANITARY SEWER IMPROVEMENT EASEMENT EXHIBIT EXHIBIT E-4 SCALE: 1=500' DATE: 01/30/19 I ..- LOCAL PARK \ r J MIXED USE SEE EXHIBIT E -X FOR OFF -SITE NON -POTABLE WATER l MULTIFAMILY USE COUNTY ROAD 2 1-A3 H RG reen I NON -POTABLE WATER IMPROVEMENT LEDGEND ® 4" PVC 6" PVC SEE EXHIBIT E -X FOR OFF -SITE NON -POTABLE WATER NON -POTABLE WATER IMPROVEMENTS DESCRIPTIONS: NON -POTABLE WATER SYSTEM WILL INCLUDE PVC IRRIGATION MAINS ROUTED WITHIN INTERNAL ROADWAYS TO PROVIDE POINT OF SERVICE CONNECTION TO ALL PLATTED LOTS. NON -POTABLE MAIN IMPROVEMENTS WILL INCLUDE ALL FITTINGS: BLOW -OFFS AIR RELEASE VALVES. GATE VALVES AND TERMINAL PLUGS. DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com NON -POTABLE WATER 0 50C EXHIBII E-5 SCALE: 1"= 500' DATE:01 /30/ 19 COUNTY ROAD 2 LANDSCAPE/OPEN SPACE/PARK/AMENITIES LEGEND COUNTY ROAD 21 STREET BUFFER ENHANCED LANDSCAPE NATURALIZED NATIVE LANDSCAPE NATIVE LANDSCAPE LANDSCAPE IMPROVEMENTS DESCRIPTIONS. • STREET BUFFER - STREET BUFFER AREAS WILL BE LANDSCAPED WITH ORNAMENTAL GRASSES AND SHRUBS STREET BUFFER AREA IRRIGATION WILL BE LIMITED TO SPAY HEADS, SHRUB SPRAYS AND BUBBLER SYSTEMS • ENHANCED LANDSCAPE -ENHANCED LANDSCAPE AREAS WILL BE PROVIDED IN KEY VISUAL AREAS AND WILL CONTAIN TREE AND SHRUB BEDS INCLUDING LANDSCAPE BERMS ENHANCED LANDSCAPE AREAS IRRIGATION WILL BE LIMITED TO SHRUB SPRAYS AND BUBBLER SYSTEMS • NATURALIZED NATIVE LANDSCAPE - THESE AREAS WILL BE LIMITED TO ONSITE NATIVE AREAS THAT WILL NOT BE DISTURBED AND REMAIN IN IT'S NATURAL STATE NO IRRIGATION WILL BE PROVIDED. • NATIVE LANDSCAPE - THESE AREAS WILL BE PLANTED WITH NATIVE PLANTINGS AND WILL BE TEMPORARILY IRRIGATED TO ESTABLISH VEGETATIVE GROWTH. I NORTH 14R3 HRGreen HRGreen.com DRY CREEK METROPOLITAN DISTRICT NO. 1 PARK AND RECREATION LXHIBIT E 6 SCALE: 1"=500' DATE: 01/30/19 C )p Ofitsyr �.�.ion.mo._.S._._._._._. _. _. _. s._. •••• auss•_. _. _• —. —. I t 1/Vetd etiiinfy ttams•c cation, I { w - ■ New Lift Station At Existing WWRF Ground Elevation: 5010 Feet Invert Elevation: 4985 Feet • ■ ■ ■ ■ • • ■ d i. ■ ai i• • LS e • • • ■ • ■ ■ 11,650 LF 24" Gravity ...n load, • ■ ■ ■ ■ ■ ■ 4P ■ as! • • • j■ • t ot • ■ New Lift Station j1,360 LF 6" Min Forcemain ■ • •••••• — 1,440 LF 12" Gravity ■ ■ ■ • e4- I d.r r NO ma) I 1 1 I I I I I 1 I I 1 1 i S f 1 I I 1 I 1 I tt 9,210 LF 6" Min Forcemain I• • • I Tie into Existing 12" Fort Lupton Public Sewer An {•••• IWO* 0111 • Flow Design Flow (gptl) Design Flow (gptn) Design Peaking Factor Aseraic Dail% How. (AIM i 6K,400 47.5 Maw►nun I Lids Fbw (\1DF1 136,MIw 95 .' I'cak I kiss i I'I 1 342.000 237.5 1 I 0 ...via bo N 00 IM$I. s ► C; OponStreotMap Iorldl contnou►ors. CC !iY $6 Todd Creek Village North Proposed Sanitary Sewer Phase I Improvement Phase I Proposed Force Phase I Proposed Gravity SS TCVN_Prop_Sewer WWRF Site HRGreen •S •SM Proposed Roadway Parcel Todd_Creek_Village_North_Service_Boundary Todd_C reek_Village_Metro_District_Service_Boundary BAI ENGINEERS DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com OFFSITE SANITARY SEWER EXHIBIT E - SCALE: NTS DATE: 01 /30/1 9 County Road 19 5290 LF of 14" Water Line Weld County I '1411 A.• Adams County [ 410 LF of 14" Water Line 2355 LF of 12" water line ♦ • were st • I a � • era m a) ✓ • • • 5265 LF of 14" Water Line ."• M• N V co O cc C 7 O U V a) J 2635 LF of 14" Water Line NI•. . Nn O •••♦ • U • atW • • • • • ••t ♦ � • • • • • • • • • co • C ♦ , • tit • • 4,i,• • g•• Suurces. Esn, HERE, (Met USGS. In Hoop. INCREMENT P. NRCnn Esn Jaqum Mapmylndta. NGCC. UtkaStreetMap colitributors, and the GIS User Community Weld County Road 2 .... ••♦ ■ I METI,1so Chew (Hung Kq(f6), Esti KAru1r, Esrt (Thc"lnndi. Todd Creek Village North Proposed Water System Improvement Phase IB (Up to 201 to 300 SFEs) Development • • • TCVMD Existing Water Phase1B TCVN Prop Water TCVMD Phase 1A Prop. Water 0 Node -Phase 1B TCVMD Phase 1B Prop. Water TCVN Proposed Roadway 0 A 0.4 Miles BAI ENGINEERS I -RD HRGreen HRGreen.com DRY CREEK METROPOLITAN DISTRICT NO. 1 OFFSITE WATER SYSTEM EXHIBIT E-8 SCALE: NTS DATE: 01 /30/ 19 N 'template 2215 LF of 1411 Water Line IN'W1` VV 5520 LF of 1411 water line f 47.1 Todd Creek Village North Proposed Water System Improvement Final Development HRGreen _, ,IN r1.in 1.M.I TCVMD Existing Water TCVMD _Water Node _Final Phase Final Phase Development — TCVN_Prop__Water Phase 1B Development TCVN Proposed Roadway Phase 1A Development 0 J I • l lean a�Mr +� COI I t4...'ant LAM ttathose.,*sec "1.0I- Weld County Adams County Brlgh/Or+ I. US IS E pr' s 1 / 4 I " j J Iw '�Yn Mry 4 OpenStrcetMap (and) contributors, CC -BY -SA 1 BAI ENGINEERS Miles DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com OFFSITE WATER SYSTEM EXHIBII E-9 SCALE: NTS DATE: 01/30/19 HRGreen reen • TCVMD_Exist_Irrigation_Node N Todd Creek Village North Proposed Irrigation System - ONO -- Todd_Creek_Village_North_Service_Boundary TCVN_Prop_I rriga Lion TCVN Proposed Roadway TCVMD_Exist_Irrigation_Pipe TCVMD_Prop_8"_Irrigation ....... Todd_Creek_Village_SA 0 A 2 Miles BAI ENGINEERS HRGreen.com DRY CREEK METROPOLITAN DISTRICT NO. 1 OFFSITE IRRIGATION SYSTEM EXHIB T E-10 SCALE: NTS DATE: 01/30/19 HRGreen Weld County Road 21 Weld County 1 1110th Ade E 168th Ave Adams County Todd Creek Village North Proposed Water System Improvement Phase IA (Up to 100 SFEs) Development Stouffer Restr.olt No 1 a - - - TCVMD Existing Water TCVMD Phase I -A 12" Water PhaselA TCVN_Prop Water • 1140 LF of 12" Water Line] E 16811, Ave E 1601h Arc 1 r!7}tntbp • 1 I 1 1 r r6EIh Pt" • •• • f r a • • 3 T 3 m i • • Cr: a E_ J • • 1 • • 1 • • • 1 ' E 167th " Weld County Road 2 1• 1 •1 5 Souroos Esn, HERE Gamin. US Intermap. INCREMENT P NR�an. Esn Japan METI, Es" China (Hong Kong), Esn Koren. Esn (Thailand) contributors, and th GIS User Community • Node Phase 1A Roadway_1 A Parcel N A 0 0.2 ttt�s 1 Miles DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com OFFSITE WATER SYSTEM NGCC. BAI ENGINEERS EXHIBIT SCALE: NTS DATE: 01 /30/1 9 a 5290 LF of 14" Water Line Weld County I ,\4..., Adams County 410 LF of 14" Water Line 2355 LF of 12" water line •.♦-0 • • .-•.• • ■ a a a Slat • • f • 5265 LF of 14" Water Line 2635 LF of 14" Water Line to • N,. ... M4 ..• ■ • • f •a.... I I ♦ • �W ♦ • ♦ • alp • • • I 41 CONO. "•' • • • C A ♦. •,mss • :,.,,,• rlamoareier go Am i Sources Esti HERE. t��rme, USGS Iny. uuap, INCREMENT P. NRC.+u Esn Japan. METI,EerI China (Hong KA), Esrl K&ua, Esn (Thailand), Mapmylndra. NGCC. C Olrea5 [eetMap cnntnbulors. and the GIS User Community AIL I i gas • Weld County Road 2 Todd Creek Village North Proposed Water System Improvement Phase IB (Up to 201 to 300 SFEs) Development - - - TCVMD Existing Water PhaselB_TCVN _Prop Water TCVMD Phase 1A Prop. Water • Node -Phase 1B TCVMD Phase 1B Prop. Water TCVN Proposed Roadway 0 N A 0.4 BAI ENGINEERS Miles DRY CREEK METROPOLITAN DISTRICT NO. 1 HRGreen.com OFFSITE WATER SYSTEM HRGreen EXf-iIF311 F- 1 2 SCALE: NTS DATE: 01 /30/19 HRGreen N Todd Creek Village North Proposed Water System Improvement Final Development TCVMD Existing Water Final Phase Development Phase 1B Development Phase 1A Development TCVMD Water Node Final Phase TCVN Prop Water TCVN Proposed Roadway 0 c) OpenStrOitMap (and) contributors, CC -BY -SA BAI ENGINEERS 1 Miles HRGreen.com DRY CREEK METROPOLITAN DISTRICT NO. 1 OFFSITE WATER SYSTEM EXHIBIT F- 1 3 SCALE: NTS DATE: 01 /30/1 9 EXHIBIT F - FINANCIAL PLAN {00392885) YEAR 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 DRY CREEK METROPOLITAN DISTRICT #1 Development Projection at 55.277 (target) District Mills for Debt Service — SERVICE PLAN -- 03/0412019 Series 2020, G.O. Bonds, 100x, Non -Rated, 30-yr. Maturity «««« Residential »»»» Total Rest Units 0 0 0 45 90 MM Value Biennial Reasses'mt 6.0% 0 111 3,415,450 7.050,910 7,473,964 7,922,402 8,397,746 8,901,611 9,435,708 10,001.850 10,601,961 11,238,079 11,912,364 12,627,105 13,384,732 14,187,816 15,039,085 54 0 0 0 0 0 0 0 0 0 0 0 0 0 0 300 151,590,782 Cumulative Market Value 0 0 0 20,094,000 56, 924,160 100,856,531 117,515,162 124,566,072 124,566,072 132,040,036 132,040,036 139,962,438 139,962,438 148,360,184 148,360.184 157,261,796 157,261, 796 166,697,503 166,697,503 176,699,353 176,699,353 187,301,315 187,301,315 198,539,394 198,539,394 210,451,757 210,451,757 223,078,863 223,078,863 236,463,594 236,463,594 250,651,410 250,651,410 265,690,495 As'ed Value 42) 7.20% of Market (2-yr lag) 0 0 0 1,446, 768 4.098,540 7,261,670 8,461,092 8.968,757 8,968,757 9.506.883 9,506,883 10,077,296 10,077,296 10,681,933 10,681,933 11,322,849 11,322,849 12,002,220 12,002,220 12,722,353 12,722,353 13,485,695 13,485,695 14,294,836 14,294,836 15,152,527 15,152,527 16,061,678 16,061,678 17,025,379 17,025,379 18,046,902 < Platted/Developed Lots > As'ed Value a 29.00% Cumulative Market Value 0 0 1,970.000 3,540,000 3,818,000 1,689,000 225,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c « « « « Commercial Mkt Value Biennial of Market Total Comrn'I R (2-yr lag) Sq. Ft. 0 0 571,300 1,026,600 1,107,220 489,810 65,250 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12,000 18,000 0 0 0 0 0 0 0 0 0 0 0 0 0 ig 6.0% 0 0 97,419 252,315 267,454 283,501 300,511 318,542 337.654 357,914 379,388 402,152 426,281 451,858 478,969 507,707 30.000 4.861,664 >> >> >> >> >> As'ad Value 0 29.00% Cumulative of Market Market Value (211 lag) 0 0 0 0 0 0 1,623,648 4,205,249 4,205,249 4,457,564 4.457,564 4,725,018 4,725,018 5,008,519 5,008,519 5,309,030 5.309,030 5.627,572 5.627,572 5.965,226 5,965,226 6,323.140 6,323,140 6,702,528 6,702,528 7,104,680 7,104,680 7,530.960 7.530,960 7,982.818 7.982.818 8,461,787 8,461,787 8,969,494 0 0 0 0 0 0 470,858 1,219.522 1,219,522 1,292,694 1,292,694 1,370,255 1,370,255 1,452,470 1,452,470 1,539,619 1,539,619 1.631,996 1,631,996 1,729.916 1,729,916 1,833,710 1,833,710 1,943,733 1,943,733 2,060,357 2,060,357 2.183.979 2,183,979 2,315,017 2,315,017 2,453.918 Total A ed Value $0 0 571,300 2,473,368 5,205,760 7,751,480 8,997,200 10,188.279 10,188.279 10,799,576 10,799,576 11,447,551 11,447,551 12,134,404 12,134,404 12.862,468 12,862,468 13,634,216 13,634,216 14,452,269 14,452,269 15,319,405 15,319,405 16,238,569 16,238,569 17,212,884 17,212,884 18,245,657 18,245,657 19,340,396 19,340,396 20,500,820 Rest AV Ratio 00% 58 5% 78 7% 93 7% 940% 88 0% 88 0% 88 0% 88 0% 88.0% 88.0% 88.0% 88.0% 88 0% 880% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% I) \ l)%% I I)SO Distnct District WS Mill Levy ri O/5 Mill Levy (66.277 Target) Collections (65.277 Cap) 0 98% 50.000 50.000 53.087 54 155 54.944 54.963 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54 645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 $0 0 0 27,994 128,677 276,278 417,376 484,619 545,607 545,607 578,344 578.344 613,044 613,044 649,827 649,827 688,817 688,817 730,146 730,146 773,954 773,954 820,392 820,392 869,615 869.615 921,792 921,792 977,100 977.100 1,035,725 1.035, 725 1,097,869 District S.O. Taxes Collected $0 0 0 1,680 7,721 16.577 25,043 29,077 32,736 32,736 34,701 34,701 36,783 36,783 38,990 38,990 41,329 41,329 43,809 43,809 46,437 46,437 49,223 49,223 52,177 52.177 55.308 55,308 58.626 58,626 62,144 62,144 65,872 45,214,229 2,712,854 [1 Max Target/Cap; Modified per Res'l AV Ratio (est.) Total Available Revenue $0 0 0 29,673 136,398 292,854 442,419 513,696 578,344 578,344 613,044 613,044 649,827 649,827 688,817 688,817 730,146 730,146 773.954 773,954 820,392 820,392 869.615 869,615 921,792 921,792 977,100 977,100 1,035,725 1,035,725 1,097,869 1,097,869 1,163,741 47,927,082 3/4/2019 B DCMD#1 Fin Plan 19 NR SP Fin Plan Prepared by D.A Davidson & Co. Draft For discussion purposes only. 1 DRY CREEK METROPOLITAN DISTRICT #1 Development Projection at 65.277 (target) District Mills for Debt Service — SERVICE PLAN - 03/04/2019 Series 2020, G.O. Bonds, 100x, Non -Rated, 30-yr. Maturity YEAR Net Available for Debt Svc Ser. 2020 $11,090,000 Par [Net $9.166 MM] Net Debt Service Annual Surplus Surplus Release to $1,109,000 Cumulative Surplus $1,109,000 Target Debt/ A d Ratio Debt/ Act'l Value Ratio Coy. of Nat DS: ® Target 2017 2018 SO n/a n/a 0% 2019 0 n/a n/a 0% 2020 0 $0 0 0 1941% 18% 0% 2021 29,673 0 29,673 0 29,673 448% 11% 0% 2022 136,398 0 136,398 0 166,071 213% 9% 0% 2023 292,854 277,250 15.604 0 181.675 143% 9% 106% 2024 442,419 554,500 (112,081) 0 69,594 123% 9% 80% 2025 513,696 554,500 (40,804) 0 28,790 109% 8% 93% 2026 578.344 574,500 3.844 0 32,634 109% 8% 101% 2027 578,344 573,500 4,844 0 37,477 102% 8% 101% 2028 613,044 612,500 544 0 38,022 102% 8% 100% 2029 613,044 609,500 3,544 0 41,566 95% 7% 101% 2030 649,827 646,500 3,327 0 44,893 95% 7% 101% 2031 649,827 646,500 3,327 0 48,220 88% 7% 101% 2032 688,817 686,250 2.567 0 50,786 87% 7% 100% 2033 688,817 683,750 5,067 0 55,853 81% 6% 101% 2034 730,146 726,000 4,146 0 59,999 79% 6% 101% 2035 730,146 725,750 4,396 0 64,394 73% 5% 101% 2036 773,954 770.000 3,954 0 68,348 71% 5% 101% 2037 773,954 771,500 2,454 0 70,803 65% 5% 100% 2038 820,392 817,250 3,142 0 73,944 63% 5% 100% 2039 820.392 820.000 392 0 74,336 57% 4% 100% 2040 869,615 866,750 2,865 0 77,201 54% 4% 100% 2041 869,615 865,250 4,365 0 81,566 48% 4% 101% 2042 921,792 917,750 4,042 0 85.608 45% 3% 100% 2043 921,792 921,500 292 0 85,900 39% 3% 100% 2044 977,100 973,750 3.350 0 89,250 36% 3% 100% 2045 977,100 972,000 5,100 0 94,349 30% 2% 101% 2046 1,035,725 1,033,750 1.975 0 96,325 26% 2% 100% 2047 1,035,725 1,030,750 4,975 0 101,300 20% 2% 101% 2048 1,097,869 1,096,000 1,869 0 103,169 16% 1% 100% 2049 1.097.869 1,096,000 1,869 0 105,038 10% 1% 100% 2050 1,163,741 1,162,573 1,168 106,206 0 0% 0% 100% 47,927,082 21.985,823 25.941,259 24,832.259 (BMar04/9 20nrsp8] I► . U%♦ II)S l\ 3/4/2019 8 DCMD111 Fin Plan 19 NR SP Fin Plan Prepared by D A Davidson & Co. Draft For discussion purposes only. 2 YEAR DRY CREEK METROPOLITAN DISTRICT #1 Development Projection -- Buildout Plan (updated 3/4/19) Residential Development N Lots Devel'd Incr/(Decr) in Finished Lot Value 10% SFD 40' N Units Price Completed Inflated 118 target 2% Market Value Incr/(Decr) in Finished Lot rti Lots Value Devel'd 10% SFD 60' N Units Price Completed Inflated 48 target 2% Market Value N Lots Devel'd Incr/(Decr) in Finished Lot Value IV 10% MF 0 Units Price Completed Inflated (11 134 target 2% Market Value I) k 1):1♦ 11)SO\ Residential Summary Total Residential Market Value Total Res'I Units 2017 0 2018 0 2019 25 2020 50 2021 43 2022 0 2023 0 2024 0 2025 0 2026 0 2027 0 2028 0 2029 0 2030 0 2031 0 2032 0 2033 0 2034 0 2035 0 2036 0 2037 118 0 0 1,000, 000 1,000,000 (280,000) (1,720,000) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $400,000 400,000 400,000 25 408,000 50 416,160 43 424,483 0 432,973 0 441,632 0 450,465 0 459,474 0 468,664 0 478,037 0 487,598 0 497,350 0 507,297 0 517,443 0 527,792 0 538,347 0 549,114 0 560,097 0 571,298 118 0 0 0 10,200,000 20,808,000 18,252,778 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 49,260,778 0 0 20 20 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 970,000 0 (582,000) (388,000) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $485,000 485,000 485,000 20 494,700 20 504,594 8 514,686 0 524,980 0 535,479 0 546,189 0 557,113 0 568,255 0 579,620 0 591,212 0 603,037 0 615,097 0 627,399 0 639,947 0 652,746 0 665,801 0 679,117 0 692,699 48 (0) 48 3/4/2019 B DCMD#1 Fin Plan 19 Abs 0 0 0 9,894,000 10,091,880 4,117,487 0 0 0i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 60 54 0 0 0 0 0 0 0 0 0 0 0 0 0 0 24,103, 367 I 134 0 0 0 570,000 1,140,000 (171.000) (1,539,000) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $285,000 285,000 285,000 290,700 20 296,514 60 302,444 54 308,493 0 314,663 0 320,956 0 327,375 0 333,923 0 340.601 0 347,413 0 354,362 0 361,449 0 368,678 0 376,051 0 383,572 0 391,244 0 399,069 0 407,050 134 1 1 0 0 0 0 5,930.280 8,146,657 6,658,631 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40,735,568 $0 0 0 20,094,000 36.830,160 40,516,921 16,658,631 0 0 0 0 0 0 0 0 0 0 0 0 0 0 114,099, 712 0 0 0 45 90 111 54 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Prepared by D.A. Davidson & Co. 300 3 YEAR DRY CREEK METROPOLITAN DISTRICT #1 Development Projection -- Buildout Plan (updated 3/4/19) Commercial Development Commercial Summary 3.81 Acres Comm'I (tbdl Incr/(Decr) in Finished Lot Square Ft per Sq Ft, SF Value Completed Inflated Market Devel'd 10% 30,000 2% Value Total Total Commercial Commercial Market Value Sq Ft Value of Platted & Developed Lots Adjustment Adjusted Value 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 0 0 $125.00 $0 0 0 125.00 0 0 0 125.00 0 0 0 127.50 0 0 0 130.05 0 12,000 150,000 132.65 0 18,000 75,000 12,000 135.30 1,623,648 0 (225,000) 18,000 138.01 2,484,182 0 0 0 140.77 0 0 0 0 143.59 0 0 0 0 146.46 0 0 0 0 149.39 0 0 0 0 152.37 0 0 0 0 155.42 0 0 0 0 158.53 0 0 0 0 161.70 0 0 0 0 164.93 0 0 0 0 168.23 0 0 0 0 171.60 0 0 0 0 175.03 0 0 0 178.53 0 30,000 0 30,000 4,107,830 3/4/2019 B DCMD#1 Fin Plan 19 Abs 0 0 0 0 0 0 1.623,648 2,484,182 0 0 0 0 0 0 12,000 18,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4,107,830 30,000 0 0 0 0 O 1,970,000 O 1,570,000 O 278,000 O (2,129,000) O (1,464,000) O (225,000) O 0 O 0 O 0 O 0 0 0 O 0 O 0 0 0 0 0 O 0 O 0 O 0 O 0 0 0 11 k 1).%1 II)SO\ Prepared by D.A. Davidson & Co. 4 0 U \\ II)SU\ SOURCES AND USES OF FUNDS DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION BONDS, SERIES 2020 55.277 (target) Mills [1] Non -Rated, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Dated Date 12/01/2020 Delivery Date 12/01/2020 Sources: Bond Proceeds: Par Amount 11,090,000.00 11,090,000.00 Uses: Project Fund Deposits: Project Fund 8,165,772.92 Other Fund Deposits: Capitalized Interest Fund Debt Service Reserve Fund Cost of Issuance: Other Cost of Issuance Delivery Date Expenses: Underwriter's Discount 1,386,250.00 1,016,177.08 2,402,427.08 300,000.00 221,800.00 11,090,000.00 [1] Max. Target/Cap; Modified per Residential AV Ratio (est.) Mar 4, 2019 10:13 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 MD 18 (fka To...:BMAR0419-20NRSPB) 5 n \ I)1V IDSON BOND SUMMARY STATISTICS DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION BONDS, SERIES 2020 55.277 (target) Mills [1] Non -Rated, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Dated Date Delivery Date First Coupon Last Maturity Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All -In TIC Average Coupon Average Life (years) Weighted Average Maturity (years) Duration of Issue (years) Par Amount Bond Proceeds Total Interest Net Interest Bond Years from Dated Date Bond Years from Delivery Date Total Debt Service Maximum Annual Debt Service Average Annual Debt Service Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price Bond Component Par Value Price 12/01/2020 12/01/2020 06/01/2021 12/01/2050 5.000000% 5.148959% 5.000000% 5.357604% 5.000000% 23.982 23.982 13.849 11,090,000.00 11,090,000.00 13,298,250.00 13,520,050.00 265,965,000.00 265,965,000.00 24,388,250.00 2,178,750.00 812,941.67 20.000000 Term Bond due 2050 11,090,000.00 100.000 Average Coupon 5.000% 20.000000 98.000000 Average Life Average Maturity Date 23 982 11/24/2044 PV of 1 bp change 17,189.50 11,090,000.00 23.982 17,189.50 Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts Target Value Target Date Yield TIC 11,090,000.00 -221,800.00 10,868,200.00 12/01/2020 5.148959% All -In TIC 11,090,000.00 -221,800.00 -300,000.00 10,568,200.00 12/01/2020 5.357604% Arbitrage Yield 11,090,000.00 11,090,000.00 12/01/2020 5.000000% Mar 4, 2019 10:13 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 MD 18 (fka To...:BMAR0419-20NRSPB) 6 I) 1 I).A1IDSO \ BOND DEBT SERVICE DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION BONDS, SERIES 2020 55.277 (target) Mills [1] Non -Rated, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Annual Period Debt Debt Ending Principal Coupon Interest Service Service 06/01/2021 277,250 277,250 12/01/2021 277,250 277,250 554,500 06/01/2022 277,250 277,250 12/01/2022 277,250 277,250 554,500 06/01/2023 277,250 277,250 12/01/2023 277,250 277,250 554,500 06/01/2024 277,250 277,250 12/01/2024 277,250 277,250 554,500 06/01/2025 277,250 277,250 12/01/2025 277,250 277,250 554,500 06/01/2026 277,250 277,250 12/01/2026 20,000 5.000% 277,250 297,250 574,500 06/01/2027 276,750 276,750 12/01/2027 20,000 5.000% 276,750 296,750 573,500 06/01/2028 276,250 276,250 12/01/2028 60,000 5.000% 276,250 336,250 612,500 06/01/2029 274,750 274,750 12/01/2029 60,000 5.000% 274,750 334,750 609,500 06/01/2030 273,250 273,250 12/01/2030 100,000 5.000% 273,250 373,250 646,500 06/01/2031 270,750 270,750 12/01/2031 105,000 5.000% 270,750 375,750 646,500 06/01/2032 268,125 268,125 12/01/2032 150,000 5.000% 268,125 418,125 686,250 06/01/2033 264,375 264,375 12/01/2033 155,000 5.000% 264,375 419,375 683,750 06/01/2034 260,500 260,500 12/01/2034 205,000 5.000% 260,500 465,500 726,000 06/01/2035 255,375 255,375 12/01/2035 215,000 5.000% 255,375 470,375 725,750 06/01/2036 250,000 250,000 12/01/2036 270,000 5.000% 250,000 520,000 770,000 06/01/2037 243,250 243,250 12/01/2037 285,000 5.000% 243,250 528,250 771,500 06/01/2038 236,125 236,125 12/01/2038 345,000 5.000% 236,125 581,125 817,250 06/01/2039 227,500 227,500 12/01/2039 365,000 5.000% 227,500 592,500 820,000 06/01/2040 218,375 218,375 12/01/2040 430,000 5.000% 218,375 648,375 866,750 06/01/2041 207,625 207,625 12/01/2041 450,000 5.000% 207,625 657,625 865,250 06/01/2042 196,375 196,375 12/01/2042 525,000 5.000% 196,375 721,375 917,750 06/01/2043 183,250 183,250 12/01/2043 555,000 5.000% 183,250 738,250 921,500 06/01/2044 169,375 169,375 12/01/2044 635,000 5.000% 169,375 804,375 973,750 06/01/2045 153,500 153,500 12/01/2045 665,000 5.000% 153,500 818,500 972,000 06/01/2046 136,875 136,875 12/01/2046 760,000 5.000% 136,875 896,875 1,033,750 06/01/2047 117,875 117,875 12/01/2047 795,000 5.000% 117,875 912,875 1,030,750 06/01/2048 98,000 98,000 12/01/2048 900,000 5.000% 98,000 998,000 1,096,000 06/01/2049 75,500 75,500 12/01/2049 945,000 5.000% 75,500 1,020,500 1,096,000 06/01/2050 51,875 51,875 12/01/2050 2,075,000 5.000% 51,875 2,126,875 2,178,750 11,090,000 13,298,250 24,388,250 24,388,250 Mar 4, 2019 10:13 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 MD 18 (fka To...:BMAR0419-20NRSPB) 7 U .\ DA% IDSON NET DEBT SERVICE DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION BONDS, SERIES 2020 55.277 (target) Mills [1] Non -Rated, 100; 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Period Ending Principal Capitalized Total Debt Service Interest Net Interest Debt Service Reserve Fund Fund Debt Service 12/01/2021 554,500 554,500 12/01/2022 554,500 554,500 12/01/2023 554,500 554,500 12/01/2024 554,500 554,500 12/01/2025 554,500 554,500 12/01/2026 20,000 554,500 574,500 12/01/2027 20,000 553,500 573,500 12/01/2028 60,000 552,500 612,500 12/01/2029 60,000 549,500 609,500 12/01/2030 100,000 546,500 646,500 12/01/2031 105,000 541,500 646,500 12/01/2032 150,000 536,250 686,250 12/01/2033 155,000 528,750 683,750 12/01/2034 205,000 521,000 726,000 12/01/2035 215,000 510,750 725,750 12/01/2036 270,000 500,000 770,000 12/01/2037 285,000 486,500 771,500 12/01/2038 345,000 472,250 817,250 12/01/2039 365,000 455,000 820,000 12/01/2040 430,000 436,750 866,750 12/01/2041 450,000 415,250 865,250 12/01/2042 525,000 392,750 917,750 12/01/2043 555,000 366,500 921,500 12/01/2044 635,000 338,750 973,750 12/01/2045 665,000 307,000 972,000 12/01/2046 760,000 273,750 1,033,750 12/01/2047 795,000 235,750 1,030,750 12/01/2048 900,000 196,000 1,096,000 12/01/2049 945,000 151,000 1,096,000 12/01/2050 2,075,000 103,750 2,178,750 1,016,177.08 554,500 554,500 277,250 277,250.00 554,500.00 554,500.00 574,500.00 573,500.00 612,500.00 609,500.00 646,500.00 646,500.00 686,250.00 683,750.00 726,000.00 725,750.00 770,000.00 771,500.00 817,250.00 820,000.00 866,750.00 865,250.00 917,750.00 921,500.00 973,750.00 972,000.00 1,033,750.00 1,030,750.00 1,096,000.00 1,096,000.00 1,162,572.92 11,090,000 13,298,250 24,388,250 1,016,177.08 1,386,250 21,985,822.92 Mar 4, 2019 10:13 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 MD 18 (fka To...:BMAR0419-20NRSPB) 8 D A DAVIDSON BOND SOLUTION DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION BONDS, SERIES 2020 55.277 (target) Mills [1] Non -Rated, 100x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Period Ending Proposed Proposed Principal Debt Service Debt Service Total Adj Adjustments Debt Service Revenue Constraints Unused Revenues Debt Sery Coverage 12/01/2021 12/01/2022 12/01/2023 12/01/2024 12/01/2025 12/01/2026 12/01/2027 12/01/2028 12/01/2029 12/01/2030 12/01/2031 12/01/2032 12/01/2033 12/01/2034 12/01/2035 12/01/2036 12/01/2037 12/01/2038 12/01/2039 12/01/2040 12/01/2041 12/01/2042 12/01/2043 12/01/2044 12/01/2045 12/01/2046 12/01/2047 12/01/2048 12/01/2049 12/01/2050 554,500 554.500 554,500 554,500 554,500 20.000 574,500 20,000 573,500 60,000 612.500 60,000 609,500 100,000 646,500 105,000 646,500 150,000 686,250 155,000 683,750 205,000 726,000 215,000 725,750 270,000 770,000 285,000 771,500 345,000 817.250 365.000 820,000 430.000 866,750 450,000 865,250 525.000 917,750 555.000 921,500 635,000 973,750 665,000 972,000 760,000 1,033,750 795,000 1,030,750 900,000 1,096,000 945,000 1,096,000 2,075,000 2,178,750 -554,500 -554,500 -277,250 -1,016,177 29,673 136,398 277,250 292,854 554,500 442,419 554,500 513,696 574,500 578,344 573,500 578,344 612,500 613,044 609,500 613,044 646,500 649,827 646,500 649,827 686,250 688,817 683,750 688,817 726,000 730,146 725,750 730,146 770,000 773,954 771,500 773,954 817,250 820,392 820,000 820,392 866,750 869,615 865,250 869,615 917,750 921,792 921,500 921,792 973,750 977,100 972,000 977,100 1.033,750 1,035.725 1,030,750 1,035,725 1,096,000 1,097,869 1,096,000 1,097,869 1,162,573 1,163,741 29,673 136,398 15,604 -112,081 -40,804 3,844 4,844 544 3,544 3,327 3,327 2,567 5,067 4,146 4,396 3,954 2,454 3,142 392 2,865 4,365 4,042 292 3,350 5,100 1,975 4,975 1,869 1,869 1,168 105.62825% 79.78693% 92.64132% 100.66905% 100.84458% 100.08887% 100.58151% 100.51461% 100.51461% 100.37400% 100.74100% 100.57102% 100 60566% 100.51355% 100.31812% 100.38441% 100 04775% 100 33055% 100.50449% 100 44042% 100 03169% 100.34398% 100.52464% 100.19110% 100.48270% 100.17053% 100.17053% 100.10049% 11,090,000 24,388,250 -2,402,427 21,985,823 22,092,029 106,206 Mar 4. 2019 10:13 am Prepared by D A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 MD 18 (fka To...:BMARO419-20NRSPB) 9 YEAR 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 DRY CREEK METROPOLITAN DISTRICT #1 Development Projection at $5.277 (target) District Mills for Debt Service -- SERVICE PLAN -- 03/04/2019 Series 2030, G.O. Bonds, Pay & Cancel Refg of (proposed) Series 2020 + New, 100x, Assumes Investment Grade, 30-yr. Maturity «««« Residential »»»» Total Reel Units 0 0 0 Mkt Value Biennial Reassei mt e 6.0% 45 0 90 111 3,415,450 7,050.910 7,473.964 7,922,402 8,397.746 8,901.611 9,435,708 10,001,850 10.601,961 11,238,079 11,912,364 12,627,105 13,384,732 14.187,816 15.039,085 15,941,430 16,897,915 17,911,790 18,986,498 20,125,688 54 0 0 0 0 0 0 0 0 0 0 0 0 0 0 300 241,454,103 Cumulative Market Value 0 0 0 20,094,000 56.924.160 100,856,531 117,515.162 124.566,072 124,566,072 132,040,036 132,040,036 139,962,438 139,962,438 148,360,184 148,360,184 157,261,796 157,261,796 166.697,503 166,697.503 176,699,353 176,699,353 187,301,315 187,301,315 198,539,394 198,539,394 210,451,757 210.451.757 223.078.863 223.078,863 236,463.594 236,463.594 250,651,410 250,651,410 265,690,495 265,690,495 281,631,924 281.631,924 298,529,840 298,529,840 316,441,630 316,441,630 335,428,128 335,428,128 355,553,816 As'ed Value 0 7.20% of Market (2-yr leg) < Platted/Developed Lots > Acted Value 5 29.00% Cumulative of Market Total Comm'l Market Value (2-yr lag) Sq. Ft 0 0 0 1,970,000 0 0 3,540,000 0 0 3,818,000 571,300 1,446,768 1,689,000 1,026,600 4,098,540 225,000 1,107,220 7,261.670 0 489,810 8,461,092 0 65.250 8,968,757 0 0 8,968,757 0 0 9,506,883 0 0 9,508,883 0 0 10,077,296 0 0 10,077,296 0 0 10,681,933 0 0 10,681,933 0 0 11,322,849 0 0 11,322,849 0 0 12,002,220 0 0 12,002.220 0 0 12,722,353 0 0 12,722,353 0 0 13,485,695 0 0 13,485,695 0 0 14,294,836 0 0 14,294,836 0 0 15,152,527 0 0 15,152,527 0 0 16,061,678 0 0 16,061,678 0 0 17,025,379 0 0 17,025,379 0 0 18,046,902 0 0 18,046,902 0 0 19,129,716 0 0 19,129,716 0 0 20,277.499 0 0 20,277,499 0 0 21,494,148 0 0 21,494,148 0 0 22,783,797 0 0 22,783,797 0 0 24,150,825 0 0 0 0 0 0 0 0 12,000 18,000 ««««« Commercial »»»»» Mitt Value Biennial Rsasses'mt Cumulative @ 6.0% Market Value 0 0 0 0 0 0 0 0 1.623,648 97,419 4,205,249 0 4,205,249 0 252,315 4,457,564 0 4,457,564 0 267,454 4,725,018 0 4.725,018 0 283,501 5,008,519 0 5,008,519 0 300.511 5,309.030 0 5.309,030 0 318,542 5,627.572 0 5.627,572 0 337,654 5,965,226 0 5,965,226 357,914 6.323.140 6,323,140 379,388 6,702.528 6,702,528 402,152 7,104,680 7,104,680 426,281 7,530,960 7,530.960 451,858 7,982,818 7,982,818 478.969 8.461,787 8,461,787 507,707 8,969,494 8.969.494 538,170 9,507,664 9.507.664 570,460 10.078.124 10,078,124 604,687 10,682.811 10,682,811 640,969 11,323.780 11,323,780 679,427 12.003,207 30.000 7,895,377 As'ed Value ® 29.00% of Market (2.yr lag) 470.858 1,219,522 1.219,522 1.292,694 1.292.694 1.370 255 1,370,255 1.452.470 1,452.470 1.539,619 1,539,619 1,631.996 1,631.996 1,729,916 1,729,916 1.833, 710 1.833,710 1,943, 733 1,943,733 2,060,357 2.060,357 2.183,979 2.183.979 2.315,017 2.315,017 2,453,918 2.453,918 2,601,153 2.601,153 2,757,223 2,757,223 2,922,656 2.922,656 3,098.015 3,098,015 3,283,896 Total Assessed Value 0 $0 0 0 0 571.300 0 2,473.368 0 5,205,760 0 7,751,480 8,997,200 10,188,279 10,188,279 10,799,576 10,799,576 11,447,551 11,447,551 12.134,404 12,134,404 12,862,468 12,862,468 13,634,216 13,634,216 14,452,269 14,452.269 15.319,405 15.319.405 16,238.569 16.238,569 17,212,884 17,212,884 18,245.657 18.245.657 19,340,396 19,340,396 20,500,820 20,500.820 21,730,869 21.730.869 23,034,721 23,034,721 24,416.804 24,416,804 25.881,813 25.881,813 27,434,721 Reel AV Ratio 0.0% 58.5% 78. 7% 93. 7% 940% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 880% 880% 88.0% 88 0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88 0% 88.0% 88 0% 88.0% 88.0% 880% 88.0% 88 0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% 88.0% District District D/S Mill Levy ri 0/5 Mill Levy (55.277 Target) Coll.ctlons 135.277 Cap) A 50.000 50.000 53.087 54.155 54.944 54.963 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.845 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 54.645 $0 0 0 27,994 128,677 276,278 417,376 484.619 545.607 545,607 578,344 578,344 613,044 613.044 649,827 649.827 688,817 688.817 730,146 730,146 773.954 773.954 820.392 820,392 869.615 869,615 921.792 921,792 977,100 977,100 1,035,725 1.035,725 1.097,869 1,097,869 1.163,741 1,163.741 1,233.566 1,233,566 1,307,580 1,307,580 1,386,034 1,386,034 1,469,196 District S.O. Taxes Collected 1) 6% $0 0 0 1.680 7,721 16,577 25,043 29,077 32,736 32,736 34,701 34,701 36,783 36,783 38,990 38,990 41,329 41,329 43.809 43,809 46,437 46,437 49,223 49,223 52,177 52,177 55,308 55.308 58.626 58,626 62,144 62,144 65,872 65,872 69.824 69.824 74,014 74,014 78,455 78,455 83,162 83,162 88,152 33,590,444 2,015,427 f Max Target/Cap; Modified per Res'1 AV Ratio (sat.) Total Available Revenue $0 0 0 29,673 136,398 292,854 442.419 513,696 578,344 578,344 613.044 613,044 649,827 649.827 688,817 688,817 730,146 730,146 773,954 773.954 820.392 820,392 869,615 869,615 921,792 921,792 977.100 977.100 1,035,725 1,035,725 1,097,869 1,097,869 1,163,741 1,163.741 1,233,566 1,233,566 1,307,580 1,307,580 1,386.034 1,386,034 1,469,196 1,469,196 1,557,348 35,605,870 3/4/2019 B DCMDM 1 Fm Plan 19 NR SP FP+2030 IG Refg Prepared by D.A Davidson 6 Co. Draft. For discussion purposes only. 1 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 DRY CREEK METROPOLITAN DISTRICT #1 Development Projection at 55.277 (target) District Mills for Debt Service -- SERVICE Pl AN 03/04/2019 Series 2030, G.O. Bonds, Pay & Cancel Refg of (proposed) Series 2020 + New, 100x, Assumes Investment Grade, 30-yr. Maturity Net Available tur Debt Svc Ser 2020 211,090,000 Par (Net $6.166 MM) Net Debt Service Ser 2030 516,465,000 Par [Net 56 354 MM) Net Debt Service Total Net Debt Service Funds on Hand' Used as Source Annual Surplus Surplus Release p to $1,648,500 Cumulative Surplus $1,645,500 Target $0 0 0 so $0 0 0 29,673 0 0 29,673 0 29,673 136,398 0 0 136,398 0 166.071 292,854 277,250 277,250 15,604 0 181,675 442,419 554,500 554,500 (112,081) 0 69,594 513,696 554,500 554.500 (40,804) 0 28,790 578,344 574,500 574,500 3,844 0 32,634 578,344 573.500 573,500 4,644 0 37,477 613,044 612,500 612,500 544 0 38,022 613.044 609.500 609.500 3,544 0 41.566 649,827 646,500 50 646,500 540.000 (36.673) 0 4,893 649,827 [Ref'd by Sor '281 603.717 603,717 46.110 0 51,003 688,817 688,600 688,600 217 0 51,220 688,817 687.400 687,400 1,417 0 52,636 730,146 726,200 726.200 3,946 0 56.582 730,146 728,400 728.400 1.746 0 58.327 773,954 770,400 770,400 3,554 0 61,882 773,954 770,600 770,600 3.354 0 65,236 820,392 815,600 815,600 4.792 0 70.028 820.392 818.600 818.600 1,792 0 71,819 869,615 866.200 866.200 3.415 0 75.234 869,615 866.600 866,600 3,015 0 78,249 921,792 921,600 921.600 192 0 78,441 921,792 919.000 919,000 2,792 0 81.233 977,100 976,000 976,000 1,100 0 82,333 977,100 975.200 975,200 1,900 0 84.232 1,035.725 1,033.800 1.033.800 1,925 0 86.158 1,035,725 1,034,400 1,034,400 1,325 0 87,483 1.097,869 1.094.200 1.094.200 3.669 0 91,152 1,097,869 1,095,800 1,095,800 2,069 0 93,221 1,163,741 1,161,400 1.161.400 2,341 0 95,562 1.163.741 1,163.400 1,163.400 341 0 95.904 1,233,566 1.229.200 1,229,200 4,366 0 100,269 1.233, 566 1.231.200 1,231,200 2,366 0 102,635 1.307, 580 1.306,800 1,306,800 780 0 103.414 1.307, 580 1.303.000 1,303,000 4.580 0 107,994 1,386,034 1.382.800 1.382,800 3.234 0 111,228 1,386,034 1,382, 800 1,382,800 3,234 0 114,463 1,469,196 1,466,000 1.466.000 3,196 0 117,659 1.469,196 1,469.000 1,469,000 196 0 117,855 1,557,348 1,554,800 1,554,800 2,548 120,403 0 35,605,870 4,402,750 31,042,717 35,445.467 40.000 120,403 120,403 ;Braat04i9 20nrspel 18Mu0419 30c20n81 Debt) Debt) Assessed Act'l Value Ratio Ratio \ II\1 IUtitt\ Cov. of Net DS. la Target n/a n/a n/a n/a 1941% 18% 448% 11% 213% 9% 143% 9% 123% 9% 109% 8% 109% 8% 102% 8% 102% 8% 95% 7% 144% 11% 136% 10% 135% 10% 128% 10% 127% 9% 119% 9% 118% 9% 111% 8% 110% 8% 102% 8% 101% 8% 93% 7% 91% 7% 84% 6% 82% 6% 75% 6% 73% 5% 66% 5% 63% 5% 56% 4% 53% 4% 47% 3% 43% 3% 37% 3% 32% 2% 26% 2% 22% 2% 16% 1% 11% 1% 5% 0% 0% 0% 0.0% 0.0% 0.0% 00% 0.0% 105.6% 79.8% 926% 100 7% 100.8% 100.1% 1006% 100.5% 107.6% 100.0% 100.2% 100.5% 100.2% 100. 5% 100.4% 1006% 100.2°A 1004% 100. 3% 100.0% 100.3% 100.1% 100.2% 100.2% 100.1% 100. 3% 100.2% 100.2% 1000% 1004% 100 2% 100.1% 100.4% 100.2% 100.2% 100.2% 1000% 100.2% 314/2019 B DCMDM1 Fin Plan 19 NR SP FP+2030 IG Refg Prepared by D A Davidson & Co Draft For discussion purposes only 2 ICN YEAR DRY CREEK METROPOLITAN DISTRICT #1 Development Projection — Buildout Plan (updated 3/4/19) Residential Development M Lots Deverd Incr/(Decr) in Finished Lot Value 10% SFD 40' Units Completed 118 target Price Inflated 2% Market Value f Lots Deverd Incr/(Decr) in Finished Lot Value 10% FD 60' I Units Completed 46 target Price Inflated e 2% Market Value I Lots DovsI'd Inc/l(Deer) in Finished Lot Value fa 10% ME Units Completed 134 target Price Inflated g 2% Market Value I) 1 1):t% 11)SO\ Residential Summary Total Residential Market Value Total Res'l Units 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 0 0 0 0 25 1,000,000 50 1,000,000 43 (280,000) 0 (1,720,000) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 118 0 $400,000 400,000 400,000 25 408,000 50 416,160 43 424,483 0 432,973 0 441,632 0 450,465 0 459,474 0 468,664 0 478,037 0 487,598 0 497,350 0 507,297 0 517,443 0 527,792 0 538,347 0 549,114 0 560,097 0 571,298 118 0 0 0 10,200,000 20,808,000 18,252,778 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 49,260,778 0 0 0 0 20 970,000 20 0 8 (582,000) 0 (388,000) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 48 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (0) $485,000 0 485,000 0 485,000 0 20 494,700 9,894,000 20 504,594 10,091,880 8 514,686 4,117,487 0 524,980 0 0 535,479 0 0 546,189 0 0 557,113 0 0 568,255 0 0 579,620 0 0 591,212 0 0 603,037 0 0 615,097 0 0 627,399 0 0 639,947 0 0 652,746 0 0 665,801 0 0 679,117 0 0 692,699 0 48 3/4/2019 B DCMD#1 Fin Plan 19 Abs 24,103,367 0 0 0 0 0 0 20 570,000 60 1,140,000 54 (171,000) 0 (1,539,000) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 134 0 20 60 54 0 0 0 0 0 0 0 0 0 0 0 0 0 0 134 $285,000 285,000 285,000 290,700 296,514 302,444 308,493 314,663 320,956 327,375 333,923 340,601 347,413 354,362 361,449 368,678 376,051 383,572 391,244 399,069 407,050 0 0 0 0 5,930,280 18,146,657 16,658,631 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40,735,568 $0 0 0 20,094,000 36,830,160 40,516,921 16,658,631 0 0 0 0 0 0 0 0 0 0 0 0 0 0 114, 099, 712 0 0 0 45 90 111 54 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Prepared by D.A. Davidson & Co. 300 3 DRY CREEK METROPOLITAN DISTRICT #1 I) A DAVIDSON ...0 a{0.1 [.n.n 101•••128 Development Projection -- Buildout Plan (updated 3/4/19) Commercial Development Commercial Summary YEAR SF Deverd 3.81 Acres Comm' (tbd) Incr/(Decr) in Finished Lot Square Ft per Sq Ft, Value @ Completed Inflated @ Market 10% 30,000 2% Value Total Total Commercial Commercial Market Value Sq Ft Value of Platted & Developed Lots Adjustment Adjusted Value 2017 0 0 $125 00 2018 0 0 125.00 2019 0 0 125.00 2020 0 0 127 50 2021 0 0 130.05 2022 12,000 150,000 132.65 2023 18,000 75,000 12,000 135.30 2024 0 (225,000) 18,000 138.01 2025 0 0 0 140.77 2026 0 0 0 143 59 2027 0 0 0 146.46 2028 0 0 0 149.39 2029 0 0 0 152 37 2030 0 0 0 155 42 2031 0 0 0 158.53 2032 0 0 0 16170 2033 0 0 0 164.93 2034 0 0 0 168.23 2035 0 0 0 17160 2036 0 0 0 175.03 2037 0 0 178.53 30,000 0 30,000 $0 0 0 0 0 0 1,623,648 2,484,182 0 0 0 0 0 0 0 0 0 0 0 0 0 4,107,830 0 0 0 0 0 0 1,623,648 2,484,182 0 0 0 0 0 0 12,000 18,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4,107,830 30,000 0 0 0 0 0 1,970,000 0 1,570,000 0 278,000 0 (2,129,000) 0 (1,464,000) 0 (225,000) 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 0 0 0 0 O 0 0 0 O 0 0 0 Prepared by D.A. Davidson & Co. 3/4/2019 B DCMD#1 Fin Plan 19 Abs 4 •;:p \ I1\\Il)SU\ SOURCES AND USES OF FUNDS DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 55.277 (target) Mills [1] Assumes Investment Grade, 130x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Dated Date Delivery Date Sources: 12/01/2030 12/01/2030 Bond Proceeds: Par Amount Other Sources of Funds: Funds on Hand' Series 2020 - DSRF 16,465,000.00 40, 000.00 1,016,177.00 1,056,177.00 17,521,177.00 Uses: Project Fund Deposits: Project Fund Refunding Escrow Deposits: Cash Deposit' Other Fund Deposits: Capitalized Interest Fund Cost of Issuance: Other Cost of Issuance Delivery Date Expenses: Underwriter's Discount 6,353,968.67 10,830,000.00 54,883.33 200,000.00 82,325.00 17, 521,177.00 [1] Max. Target/Cap; Modified per Residential AV Ratio (est.) [-] Estimated balances (tbd) Mar 4, 2019 10:21 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 M...:BMAR0419-30IG20NB,30IG20NB) 5 \ I)\\ IDSO \ BOND SUMMARY STATISTICS DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 55.277 (target) Mills [1] Assumes Investment Grade, 130x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Dated Date Delivery Date First Coupon Last Maturity Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) All -In TIC Average Coupon Average Life (years) Weighted Average Maturity (years) Duration of Issue (years) Par Amount Bond Proceeds Total Interest Net Interest Bond Years from Dated Date Bond Years from Delivery Date Total Debt Service Maximum Annual Debt Service Average Annual Debt Service Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price Bond Component Par Value Price 12/01/2030 12/01/2030 06/01/2031 12/01/2060 4.000000% 4.035170% 4.000000% 4.121650% 4.000000% 22.218 22.218 14.525 16,465,000.00 16,465,000.00 14,632,600.00 14,714,925.00 365,815,000.00 365,815,000.00 31,097,600.00 1,554,800.00 1,036,586.67 5.000000 Average Coupon 5.000000 99.500000 Average Life Average Maturity Date Term Bond due 2060 16,465,000.00 100.000 4.000% 22.218 02/18/2053 PV of 1 bp change 28,649.10 16,465,000.00 22.218 28,649.10 Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts Target Value Target Date Yield TIC 16,465,000.00 -82,325.00 16,382,675.00 12/01/2030 4.035170% All -In TIC 16,465,000.00 -82,325.00 -200,000.00 16,182,675.00 12/01/2030 4.121650% Arbitrage Yield 16,465,000.00 16,465,000.00 12/01/2030 4.000000% Mar 4, 2019 10:21 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 M...:BMAR0419-30IG20NB,30IG20NB) 6 D A DAVIDSON .,4. nCC., :.n•.1 BOND DEBT SERVICE DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 55.277 (target) Mills [1] Assumes Investment Grade, 130x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Period Ending Principal Annual Debt Debt Coupon Interest Service Service 06/01/2031 329,300 329,300 12/01/2031 329,300 329,300 658,600 06/01/2032 329,300 329,300 12/01/2032 30,000 4.000% 329,300 359,300 688,600 06/01/2033 328,700 328,700 12/01/2033 30,000 4.000% 328,700 358,700 687,400 06/01/2034 328,100 328,100 12/01/2034 70,000 4.000% 328,100 398,100 726,200 06/01/2035 326,700 326,700 12/01/2035 75,000 4.000% 326,700 401,700 728,400 06/01/2036 325,200 325,200 12/01/2036 120,000 4.000% 325,200 445,200 770,400 06/01/2037 322,800 322,800 12/01/2037 125,000 4.000% 322,800 447,800 770,600 06/01/2038 320,300 320,300 12/01/2038 175,000 4.000% 320,300 495,300 815,600 06/01/2039 316,800 316,800 12/01/2039 185,000 4.000% 316,800 501,800 818,600 06/01/2040 313,100 313,100 12/01/2040 240,000 4.000% 313,100 553,100 866,200 06/01/2041 308,300 308,300 12/01/2041 250,000 4.000% 308,300 558,300 866,600 06/01/2042 303,300 303,300 12/01/2042 315,000 4.000% 303,300 618,300 921,600 06/01/2043 297,000 297,000 12/01/2043 325,000 4.000% 297,000 622,000 919,000 06/01/2044 290,500 290,500 12/01/2044 395,000 4.000% 290,500 685,500 976,000 06/01/2045 282,600 282,600 12/01/2045 410,000 4.000% 282,600 692,600 975,200 06/01/2046 274,400 274,400 12/01/2046 485,000 4.000% 274,400 759,400 1,033,800 06/01/2047 264,700 264,700 12/01/2047 505,000 4.000% 264,700 769,700 1,034,400 06/01/2048 254,600 254,600 12/01/2048 585,000 4.000% 254,600 839,600 1,094,200 06/01/2049 242,900 242,900 12/01/2049 610,000 4.000% 242,900 852,900 1,095,800 06/01/2050 230,700 230,700 12/01/2050 700,000 4.000% 230,700 930,700 1,161,400 06/01/2051 216,700 216,700 12/01/2051 730,000 4.000% 216,700 946,700 1,163,400 06/01/2052 202,100 202,100 12/01/2052 825,000 4.000% 202,100 1,027,100 1,229,200 06/01/2053 185,600 185,600 12J01/2053 860,000 4.000% 185,600 1,045,600 1,231,200 06/01/2054 168,400 168,400 12/01/2054 970,000 4.000% 168,400 1,138,400 1,306,800 06/01/2055 149,000 149,000 12/01/2055 1,005,000 4.000% 149,000 1,154,000 1,303,000 06/01/2056 128,900 128,900 12/01/2056 1,125,000 4.000% 128,900 1,253,900 1,382,800 06/01/2057 106,400 106,400 12/01/2057 1,170,000 4.000% 106,400 1,276,400 1,382,800 06/01/2058 83,000 83,000 12/01/2058 1,300,000 4.000% 83,000 1,383,000 1,466,000 06/01/2059 57,000 57,000 12/01/2059 1,355,000 4.000% 57,000 1,412,000 1,469,000 06/01/2060 29,900 29,900 12/01/2060 1,495,000 4.000% 29,900 1,524,900 1,554,800 16,465,000 14,632,600 31,097,600 31,097,600 Mar 4, 2019 10:21 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 M...:BMAR0419-30IG20NB,30IG20NB) 7 I) \ DAVIDSON "tOYt C* ItII YNgry NET DEBT SERVICE DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 55.277 (target) Mills [1] Assumes Investment Grade, 130x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Period Ending Principal Total Capitalized Interest Debt Service Interest Fund Net Debt Service 12/01/2031 658.600 658.600 12/01/2032 30,000 658,600 688,600 12/01/2033 30,000 657,400 687,400 12/01/2034 70,000 656.200 726,200 12/01/2035 75,000 653,400 728.400 12/01/2036 120,000 650,400 770,400 12/01/2037 125.000 645,600 770600 12/01/2038 175,000 640,600 815,600 12/01/2039 185,000 633,600 818,600 12/01/2040 240,000 626,200 866,200 12/01/2041 250,000 616,600 866,600 12/01/2042 315000 606,600 921,600 12/01/2043 325,000 594,000 919,000 12/01/2044 395,000 581,000 976,000 12/01/2045 410,000 565.200 975,200 12/01/2046 485,000 548,800 1,033,800 12/01/2047 505,000 529,400 1,034,400 12/01/2048 585.000 509,200 1,094.200 12/01/2049 610,000 485,800 1,095,800 12/01/2050 700,000 461,400 1,161,400 12/01/2051 730.000 433,400 1,163.400 12/01/2052 825.000 404,200 1,229,200 12/01/2053 860,000 371,200 1,231,200 12/01/2054 970,000 336,800 1,306,800 12/01/2055 1,005,000 298.000 1,303.000 12/01/2056 1,125,000 257,800 1,382,800 12/01/2057 1,170,000 212,800 1,382,800 12/01/2058 1,300,000 166,000 1,466,000 12/01/2059 1,355,000 114,000 1,469,000 12/01/2060 1,495,000 59,800 1,554,800 54,883 33 603,716.67 688,600.00 687,400.00 726,200 00 728,400.00 770,400.00 770,600.00 815,600.00 818,600.00 866,200_00 866,600_00 921,600.00 919,000.00 976,000 00 975,200_00 1,033,800.00 1,034,400.00 1,094,200.00 1,095,800_00 1,161,400 00 1,163,400.00 1,229,200.00 1,231,200.00 1,306,800.00 1,303,000.00 1,382,800.00 1,382,800.00 1,466,000_00 1,469,000.00 1,554,800.00 16,465.000 14,632,600 31,097,600 54,883.33 31,042,716.67 Mar 4, 2019 10:21 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 M...:BMAR0419-301G20NB.30IG20NB) 8 1 1) t‘ IDSON :•nbt Y•Itttt SUMMARY OF BONDS REFUNDED DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 55.277 (target) Mills [1] Assumes Investment Grade, 130x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Bond Maturity Interest Par Call Call Date Rate Amount Date Price 3/4/19: Ser 20 NR SP, 5.00%, 100x, 55.277m1s (MOD), FG+6`)/0 BiRe: TERM50 12/01/2031 5.000% 105,000.00 12/01/2030 100.000 12/01/2032 5.000% 150,000.00 12/01/2030 100.000 12/01/2033 5.000% 155,000.00 12/01/2030 100.000 12/01/2034 5.000% 205,000.00 12/01/2030 100.000 12/01/2035 5.000% 215,000.00 12/01/2030 100.000 12/01/2036 5.000% 270,000.00 12/01/2030 100.000 12/01/2037 5.000% 285,000.00 12/01/2030 100.000 12/01/2038 5.000% 345,000.00 12/01/2030 100.000 12/01/2039 5.000% 365,000.00 12/01/2030 100.000 12/01/2040 5.000% 430,000.00 12/01/2030 100.000 12/01/2041 5.000% 450,000.00 12/01/2030 100.000 12/01/2042 5.000% 525,000.00 12/01/2030 100.000 12/01/2043 5.000% 555,000.00 12/01/2030 100.000 12/01/2044 5.000% 635,000.00 12/01/2030 100.000 12/01/2045 5.000% 665,000.00 12/01/2030 100.000 12/01/2046 5.000% 760,000.00 12/01/2030 100.000 12/01/2047 5.000% 795,000.00 12/01/2030 100.000 12/01/2048 5.000% 900,000.00 12/01/2030 100.000 12/01/2049 5.000% 945,000.00 12/01/2030 100.000 12/01/2050 5.000% 2,075,000.00 12/01/2030 100.000 10,830,000.00 Mar 4, 2019 10:21 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 M...:BMAR0419-30IG20NB,30IG20NB) 9 \ I)11Ipso \ ESCROW REQUIREMENTS DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 55.277 (target) Mills [1] Assumes Investment Grade, 130x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Dated Date Delivery Date 12/01/2030 12/01/2030 3/4/19: Ser 20 NR SP, 5.00%, 100x, 55.277m1s (MOD), FG+6°/0 BiRe Period Principal Ending Redeemed Total 12/01/2030 10,830,000.00 10,830,000.00 10,830,000.00 10,830,000.00 Mar 4, 2019 10:21 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 M...:BMAR0419-30IG20NB,30IG20NB) 10 1 l)1\ II)SU\ PRIOR BOND DEBT SERVICE DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 55.277 (target) Mills [1] Assumes Investment Grade. 130x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Annual Period Debt Debt Ending Principal Coupon Interest Service Service 06/01/2031 270,750 270,750 12/01/2031 105,000 5.000% 270,750 375,750 646,500 06/01/2032 268,125 268,125 12/01/2032 150,000 5.000% 268,125 418,125 686,250 06/01/2033 264,375 264,375 12/01/2033 155,000 5.000% 264,375 419,375 683,750 06/01/2034 260,500 260,500 12/01/2034 205,000 5.000% 260,500 465,500 726,000 06/01/2035 255,375 255,375 12/01/2035 215,000 5.000% 255,375 470,375 725,750 06/01/2036 250,000 250,000 12/01/2036 270,000 5.000% 250,000 520,000 770,000 06/01/2037 243,250 243,250 12/01/2037 285,000 5.000% 243,250 528,250 771,500 06/01/2038 236,125 236,125 12/01/2038 345,000 5.000% 236,125 581,125 817,250 06/01/2039 227,500 227,500 12/01/2039 365,000 5.000% 227,500 592,500 820,000 06/01/2040 218,375 218,375 12/01/2040 430,000 5.000% 218,375 648,375 866,750 06/01/2041 207,625 207,625 12/01/2041 450,000 5.000% 207,625 657,625 865,250 06/01/2042 196,375 196,375 12/01/2042 525,000 5.000% 196,375 721,375 917,750 06/01/2043 183,250 183,250 12/01/2043 555,000 5.000% 183,250 738,250 921,500 06/01/2044 169,375 169,375 12/01/2044 635,000 5.000% 169,375 804,375 973,750 06/01/2045 153,500 153,500 12/01/2045 665,000 5.000% 153,500 818,500 972,000 06/01/2046 136,875 136,875 12/01/2046 760,000 5.000% 136,875 896,875 1,033,750 06/01/2047 117,875 117,875 12/01/2047 795,000 5.000% 117,875 912,875 1,030,750 06/01/2048 98,000 98,000 12/01/2048 900,000 5.000% 98,000 998,000 1,096,000 06/01/2049 75,500 75,500 12/01/2049 945,000 5.000% 75,500 1,020,500 1,096,000 06/01/2050 51,875 51,875 12/01/2050 2,075,000 5.000% 51,875 2,126,875 2,178,750 10,830,000 7,769,250 18,599,250 18,599,250 Mar 4, 2019 10:21 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 M...:BMAR0419-30IG20NB,30IG20NB) 11 cp, t) 1 D.4% IIDSON BOND SOLUTION DRY CREEK METROPOLITAN DISTRICT #1 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2030 Pay & Cancel Refunding of (proposed) Series 2020 + New Money 55.277 (target) Mills [1] Assumes Investment Grade, 130x, 30-yr. Maturity (SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections) [ Preliminary -- for discsussion only ] Period Proposed Proposed Debt Service Total Adj Revenue Unused Debt Sery Ending Principal Debt Service Adjustments Debt Service Constraints Revenues Coverage 12/01/2031 658,600 -54,883 603,717 649,827 46,110 107.63774% 12/01/2032 30,000 688,600 688,600 688,817 217 100.03145% 12/01/2033 30,000 687,400 687,400 688,817 1,417 100.20608% 12/01/2034 70,000 726,200 726,200 730,146 3,946 100.54332% 12/01/2035 75,000 728,400 728,400 730,146 1,746 100.23965% 12/01/2036 120,000 770,400 770,400 773,954 3,554 100.46136% 12/01/2037 125,000 770,600 770,600 773,954 3,354 100.43529% 12/01/2038 175,000 815,600 815,600 820,392 4,792 100.58749% 12/01/2039 185,000 818,600 818,600 820,392 1,792 100.21886% 12/01/2040 240,000 866,200 866,200 869,615 3,415 100.39426% 12/01/2041 250,000 866,600 866,600 869,615 3,015 100.34792% 12/01/2042 315,000 921,600 921,600 921,792 192 100.02083% 12/01/2043 325,000 919,000 919,000 921,792 2,792 100.30381% 12/01/2044 395,000 976,000 976,000 977,100 1,100 100.11265% 12/01/2045 410,000 975,200 975,200 977,100 1,900 100.19478% 12/01/2046 485,000 1,033,800 1,033,800 1,035,725 1,925 100.18625% 12/01/2047 505,000 1,034,400 1,034,400 1,035,725 1,325 100.12814% 12/01/2048 585,000 1,094,200 1,094,200 1,097,869 3,669 100.33531% 12/01/2049 610,000 1,095,800 1,095,800 1,097,869 2,069 100.18881% 12/01/2050 700,000 1,161,400 1,161,400 1,163,741 2,341 100.20158% 12J01/2051 730,000 1,163,400 1,163,400 1,163,741 341 100.02932% 12/01/2052 825,000 1,229,200 1,229,200 1,233,566 4,366 100.35516% 12/01/2053 860,000 1,231,200 1,231,200 1,233,566 2,366 100.19214% 12/01/2054 970,000 1,306,800 1,306,800 1,307,580 780 100.05965% 12/01/2055 1,005,000 1,303,000 1,303,000 1,307,580 4,580 100.35146% 12/01/2056 1,125,000 1,382,800 1,382,800 1,386,034 3,234 100.23390% 12J01/2057 1,170,000 1,382,800 1,382,800 1,386,034 3,234 100.23390% 12/01/2058 1,300,000 1,466,000 1,466,000 1,469,196 3,196 100.21803% 12/01/2059 1,355,000 1,469,000 1,469,000 1,469,196 196 100.01337% 12/01/2060 1,495,000 1,554,800 1,554,800 1,557,348 2,548 100.16389% 16,465,000 31,097,600 -54,883 31,042,717 31,158,227 115,511 Mar 4, 2019 10:21 am Prepared by D.A, Davidson & Co Quantitative Group -PM (Dry Creek MD#1 M...:BMAR0419-301G20NB,30IG20NB) 12 EXHIBIT G - ANTICIPATED OR EXISTING INTERGOVERNMENTAL AGREEMENTS 1. Intergovernmental Agreement with Todd Creek Village Metropolitan District for the provision of water and wastewater services (assignment of Water and Sewer Service Agreement from ALF Todd Creek Village North, LLC to the Dry Creek Metropolitan District No. 1). Original agreement entered into between Todd Creek Village Metropolitan District and ALF Todd Creek Village North, LLC on September 17, 2008 (attached). a. Intergovernmental Agreement between Dry Creek Metropolitan District No. 1 and Todd Creek Village Metropolitan District re assignment of Water and Sewer Service Agreement and to memorialize final construction and financing of water and sewer facilities. See Water and Sewer Service Agreement, para. 1.3.A. 2. Intergovernmental Agreement with the Special District Association Property and Liability Pool for the provision of insurance to the district. {00444973} WATER AND SEWER SERVICE AGREEMENT (ALF Equinox) THIS AGREEMENT, made and entered into, effective the 1 day of S`��*„ 2008, by and between the TODD CREEK VILLAGE METROPOLITAN DISTRICT, a quasi -municipal corporation of the State of Colorado, hereinafter referred to as the "District", and, ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC, a Colorado limited liability company, hereinafter referred to as the "Applicant"; both parties are sometimes referred to herein as a "Party" or the "Parties." RECITALS WHEREAS, District has the authority to provide water and sewer services to certain properties within Weld County, Colorado (the "County"); and WHEREAS, Applicant is the owner of certain real properties in the County, a legal description of which is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Property") ; and WHEREAS, services are not now provided to the Property; and WHEREAS, Applicant recognizes that the provision of "Services" to the Property by the District, consisting of potable water, non -potable irrigation water and sanitary sewer supply, treatment and disposal services, will benefit the Property; and WHEREAS, Applicant has agreed to certain terms and conditions imposed by the District in order to obtain needed Services; and WHEREAS, Applicant is interested in having the Property served by the District, the provision of Services being subject to the rules and regulations of the District now or hereafter existing, and subject further to the terms and conditions of this Agreement; and WHEREAS, the statutes of the State of Colorado permit District and Applicant to enter into this Agreement for the provision of Services to the Property, and said statutes further provide that such Agreement is binding upon the District and Applicant, and their successors, transferees and assigns; NOW THEREFORE, in consideration of the mutual covenants and stipulations herein expressed, District and Applicant agree as follows: I. PRELIMINARY COVENANTS. 1 Generally. A. This Agreement is intended to outline the terms and conditions under which the District will extend Services to Applicant's Property, as it lies, without 1081:257092_6 the boundaries of the District but within the District Service Area as defined below, . In all cases District and Applicant agree that, except as expressly set forth in this Agreement, there shall be no differentiation in the availability, extent, quality, use, or cost of service between the Property and properties within the District Service Area. The District acknowledges and agrees that the uses anticipated for the Property are provided for within the District's Rules and Regulations, and the Property is eligible for the Services in accordance with the terms of this Agreement. B. Applicant acknowledges and agrees that the Services provided hereunder include only potable water, non -potable irrigation water and sanitary sewer supply, treatment and disposal services. To the extent Applicant desires, Applicant shall be responsible for the construction and provision of all other services, facilities and related improvements for the Property which are not within the scope of this Agreement, and in the absence of its specific agreement set forth in writing, the District shall have no obligation to contribute to any such effort outside the scope of this Agreement. 2. Timing and Fees. A. District Fees. Applicant and District have negotiated this Agreement in good faith in the interest of extending Services to the Property and thereby enhancing the value thereof In consideration therefor, Applicant hereby agrees to follow all statutory requirements applicable to the Applicant's obligations hereunder, and to pay all of its own legal, engineering, or other fees paid or costs incurred, with respect to or arising out of the proceedings and negotiations culminating in the execution of this Agreement. As a condition to the connection of and initiation of water and sewer service to any particular building improvement or separate irrigation facility ("Tap"), Applicant agrees to pay the District's Tap and Inspection Fees ("Tap Fee") in accordance with the District's applicable tap fee schedule, as the same may be amended from time to time, provided the same is uniformly applied by service category to the District's service areas both within and without its boundaries, including the Property (collectively the "District Service Area") and subject to the Parties entering into an agreement addressing the price and timing for payment of Tap Fees ("Tap Purchase Agreement"). The existing applicable tap fees are set forth on Exhibit "B" hereto but are subject to amendment as provided herein, and the Parties acknowledge and agree that the tap fees are reasonably calculated to reimburse the District for the impact of the costs of the proposed extension of Services in question on the District's service capacity, recognizing that the extension of Services may require that the District allocate portions of or expand the capacity of its service systems, presently or in the future, as a result of the extension of Services to the Property. B. Fort Lupton Agreement. The Parties acknowledge and agree that the provision of sanitary sewer collection, transmission and treatment services to the Property is dependent upon the operation of that certain Intergovernmental Agreement by and between the City of Fort Lupton and the District, attached hereto as Exhibit "C" ("IGA") and the Parties entering into the Tap Purchase Agreement. Unless otherwise agreed by the Parties in advance and in writing, the Applicant shall have no obligation to fund the construction of the capital items described in the IGA as the responsibility of 1081.257092_6 the District, including without limitation the "District Main" and the "Treatment Expansion." 3. Service Affected by Organization of Special District. A. Assignment to Successor District. The parties hereto acknowledge and agree that the District is committing, subject to the terms hereof, to provide Services to the Property in perpetuity, which commitment contemplates that there will be put in place a perpetually existing entity to cooperate and coordinate with the District in the provision of Services and the payment of the costs thereof. Consistent with that understanding, the provision of Services to the Property is expressly assignable by Applicant to a Title 32 Special District ("Successor District") organized for the purpose of providing, at a minimum, potable water, non potable irrigation water, and sanitary sewer services, facilities and improvements to the Property. The District shall have the right to review and comment on the water and sewer aspects of any service plan for the Successor District prior to its submission to Weld County (or any other agency having jurisdiction), and any reasonable comments shall be considered and applied by the proponents of the Successor District. The proponents of the Successor District agree to include a provision in the Successor District's service plan which requires that an IGA between the District and the Successor District be signed prior to the construction or financing of any water or sewer Facilities. Upon the organization thereof, with powers and abilities reasonably acceptable to the District for purposes of effectuating this Agreement, the Parties acknowledge and agree that this Agreement may be assigned by Applicant to the Successor District in order to complete the Facilities (as defined below) and to cooperate and coordinate with the District in the District's provision of services and facilities contemplated hereby. Where ever the word "Applicant" appears hereafter, the terms, conditions, covenants and agreements hereof shall apply with equal force to the Successor District which shall stand in the stead of the Applicant once organized and subject to this Agreement. The District's obligations under this Agreement will inure and be owing to: (1) the Successor District on the same terms as are set forth herein for the Applicant (subject to specific provisions herein pertaining to the Successor District); (2) the Applicant; or (3) any successor in interest to the Property, or any portion thereof, undertaking development of any Facilities. Except for Applicant and the Successor District, each such described successor is herein after referred to as a "Qualified Successor". Applicant and each Qualified Successor shall remain a third party beneficiary of the District's obligations hereunder following the assignment to and succession by the Successor District. II. CONDITIONS OF WATER AND SEWER SERVICE 1 Extent of Service. A. Initial Water. Applicant shall, prior to the commencement of the Services, convey to the District marketable title to all rights water associated with, appurtenant to or underlying the Property, including but not limited to any decreed rights. (collectively, the "Initial Water"), together with such well sites and suitable easements for such wells, to be determined by the parties within one year of the present 1081:257092 6 date. The Parties agree that the Initial Water shall be assumed to provide actual production of 502 acre feet of water per year which may be used to fulfill the District's obligation to provide the water service. The Initial Water, and any other water dedications hereunder, shall be conveyed by special warranty deed, provided that in the case of any dedications, including the Initial Water, the Applicant will be required to furnish the District with reasonable evidence of marketable title (e.g., a customary opinion of water counsel). The foregoing described water rights, and any other water underlying the Property, may be pumped through wells located within or without the District or the Property. The Applicant shall execute such further documents as may be required by law to transfer the right to use Applicant's right, title and interest in any other water that may underlie the Property in order to allow the District to decree, permit, withdraw and use such water including, but not limited to deeds and consents to withdraw. B. District Water. The District has at its disposal 4,279 acre feet of water rights either perfected or in the process of the same. The District hereby recognizes its obligation to provide the Services hereunder and shall make service available to 3,600 single family equivalent units within the Property. C. Additional Water. Services to development in excess of that capable of being served with the Initial Water and the District Water shall be contingent upon the District's acquisition of additional water rights over and above the Initial Water and the District Water. The District agrees to use its best efforts to acquire and put such water rights to use in providing the Services to the Property, provided that Applicant agrees to enter into tap purchase agreements or other mutually agreeable funding arrangements to enable the District to fund such acquisitions. D. Allocation of Taps. Applicant shall have the right to allocate Taps within the Property as Applicant deems appropriate; provided that as Applicant applies to the District for specific Services within specific phases of development within the Property it shall also allocate Taps adequate, in the reasonable determination of the District, to serve the development within the proposed phase. Applicant shall have the absolute right to sell or otherwise transfer portions of the Property with or without an accompanying allocation of Taps, and may retain said allocation rights notwithstanding the sale or the assignment of this Agreement to a Successor District. Taps may not be transferred to land outside the Property. E. Service Facilities. Services to development on the Property shall be contingent upon Applicant providing, at its sole expense and in accordance with the design standards and specifications adopted by the District, as the same may be amended from time to time, for all service facilities in such time frames and phases as are necessary to extend Services within the Property as development occurs. Service facilities shall mean raw water supply lines and facilities, treated water distribution lines, sewage collection lines and/or lift stations, irrigation lines, effluent storage and/or effluent application areas, and also any meters and telecommunications systems necessary for tele-monitoring of the Services furnished to the Property from time to time (collectively, the "Facilities"). Facilities necessary to extend Services to the boundary of 1081:257092_6 the Property, water wells or well equipment, water treatment or storage or sewage treatment shall be furnished by the District at its sole cost, and are not part of the Facilities that Applicant must provide. In addition, notwithstanding any implications herein to the contrary, in the event the District shall determine to change locations for any Facilities after the same have been initially approved and installed by the Applicant or its Qualified Successors, then the undertaking and cost of changing the locations, and correspondingly modifying the Facilities, will be borne and paid solely by the District. 2. Designation and Utilization of Well Sites. A. Transfer of sites. Prior to the provision of Services to development on the Property as it occurs, District shall have the right, with Applicant's concurrence as set forth below, to designate well sites within or without the District, or to change and relocate points of diversion of existing well sites. Such designation shall be made by mutual agreement of the parties, acting reasonably and in good faith, in such numbers and at such sites as will result in adequate production for a supply of water to the Property through the District's system. If such sites are on Applicant's property, Applicant agrees, upon the designation of such well site location or locations, to grant the District a permanent, non-exclusive easement for utilization for such sites for a water supply well, together with a permanent, non-exclusive easement for the purpose of extending any necessary and appurtenant pipelines and facilities to such well sites and as necessary to provide access to same, and a temporary access easement for the purpose of constructing the well(s) and appurtenant pipelines and facilities in question Such easements shall be granted by legally sufficient instruments at no cost to District. B. Joint Sites. In the event the District deems it appropriate, in the interest of efficiency and cost savings, the District may designate one or more sites as joint well sites for the purpose of serving both the Property and other District -system users. Such sites may be either on or off the Property, and shall be located in accordance with Section II. 2 A., above. C. Existing Wells. The Parties acknowledge and agree that the Property has located upon it permitted well sites, as more specifically shown on Exhibit E, attached hereto and incorporated herein by this reference, and that the provision of Services is contingent upon the subject wells and attendant easements (configured as shown on Exhibit D) being made available for use by the District prior to the provision of Services to the Property; provided that the District shall cooperate with Applicant and any Qualified Successor in the selection of alternative locations for the wells and easements as the same are made productive or as development takes place; but provided further that in making any such adjustments the wells shall be located and made productive in a manner which will preserve their legal production capabilities under Colorado law. Applicant agrees to cooperate with the District to amend the decrees for any existing wells to allow the District to put them to beneficial use. To that end the Applicant agrees to execute such further documents as may be required to amend such decrees. 1081:257092_6 D. Off Site Acquisitions. In any case where a well site is to be located off the Property pursuant to the foregoing, Applicant shall have no obligation to contribute to the cost of the District acquiring the site or any requisite interest therein. 3. Commencement of Construction. With respect to the construction of the Facilities serving the Property Applicant agrees as follows: A. To obtain the District's approval of the plans and specifications for the proposed Facilities, which approval shall be consistent with the prevailing standards and practices of the District, and may not be unreasonably withheld, denied or delayed; B. To construct all Facilities in compliance with the approved plans and specifications of the District, and to hold harmless and indemnify the District for any and all losses or damages it may suffer or may be called upon to pay as a result of said construction to the extent such losses or damages arise from the Applicant's failure to construct in material conformity with the approved plans and specifications, or from any negligence or willful misconduct of the Applicant; C. To cause all Facilities, whether within or without the Property, to be placed either in District -approved easements which shall be conveyed to the District, or in public rights of way, in either event granting to District rights at least equal to rights it would enjoy in a dedicated street; D. To permit District or its designee to observe and inspect any and all of the construction operations and permit the District to order cessation or appropriate modification of improper construction; E. To give District reasonable notification (in any event not less than 24 hours) of the time proposed to make connections to the District's then -existing lines or to place any meters; F. To abide by all Rules and Regulations of the District, now or hereafter existing; and 4. Transfer of Facilities. Within thirty (30) days after the date of completion of the construction of Facilities for each phase of Applicant's project on the Property, and subject to the District's contemporaneous acceptance of those Facilities pursuant to Section 11.5 below, Applicant shall: A. Deliver to District (i) a certificate from a registered professional engineer (which may be the engineer that provided the engineering services attendant to the construction of the Facilities) certifying that all Facilities have been built, and where appropriate are operating, in accordance with the governing plans and specifications, and (ii) an assignment of any and all applicable contractor, supplier or manufacturers warranties for the Facilities. If, within one (1) year from the date of such certification, any approved portion of such Facilities appears to be defective or ceases to operate as intended then, to the extent the applicable warranties do not remedy the 1081:257092_6 condition in question, the District may demand that Applicant replace the defective or improperly operating portion or portions of such facilities and remedy said defective work and Applicant shall promptly do so at its cost and expense. B. Execute and deliver to District a good and sufficient bill of sale describing all of the components of the Facilities and all personal property of Applicant, of whatever character, relating to such Facilities, which bill of sale shall warrant that conveyance of the property described therein to District is made free from any claim or demand whatever (but subject to real property interests of record affecting the pertinent easement areas). C. Execute and deliver to District good and sufficient instruments of transfer conveying all of Applicant's interest in any easements which may be required to give District the right to control the Facilities constructed including the right to ingress and egress necessary to operate and maintain them. In the case of the streets constructed by Applicant under which Facilities may lie, the District or the Applicant may require that their transfer be made directly to the County or such other governmental entity as may have the authority to accept and maintain streets. and in that event the transfer and warranty requirements of the County or such other entity shall control and be complied with by Applicant. D. Provide District one reproducible mylar of "as -built" drawings of the Facilities, certified by a registered, professional engineer. 5. Completion of Facilities. In no event shall the District be required to provide Services to each completed phase on the Property until such time as it, in the exercise of its reasonable discretion, determines that the Facilities required to serve said phase have been completed in accordance with the approved plans and specifications and transferred in accordance with Section 11.4 of this Agreement. 6. Cost Recovery and District Participation. A. No Revenue Sharing. Except as specifically set forth in this Agreement, no revenue received by the District from the assessment of service charges and/or tap fees against the Property, as permitted hereunder and as permitted by the Districts rules and regulations as the same may be amended, shall afford Applicant any right of offset, rebate or refund for or against any obligation created by this Agreement. B. Cost Recovery. In the event Applicant is required to oversize the Facilities, or a portion thereof for the purpose of allowing the District to provide water and/or sewer service to other properties, or to extend the Facilities from outside the boundaries of the Property for the purpose of serving the Property, then this shall be accomplished pursuant to a cost -recovery agreement to be entered into at the time of construction of the oversized and/or extended Facilities in question which shall provide for the reimbursement of costs of oversizing or extension as development occurs on the Property or other benefitted properties on mutually acceptable terms. 1081:257092_6 7. Limitations on Use and Enjoyment. Any easements granted to the District pursuant to the provisions of this Agreement will be nonexclusive, and will be located so that the same will not cause any obstruction of or material interference with existing or prospective development within the Property or any portion thereof from time to time, or the use and enjoyment thereof, and the locations for well sites and related facilities shall be determined accordingly. 8. Other Governmental Approvals. The District and the Applicant will be obligated to make all reasonable, diligent, and good faith efforts to obtain any requisite permits or approvals for the Facilities that each will respectively construct from other governmental authorities having jurisdiction, including, without limitation, the North Front Range Water Quality Authority and the Colorado Department of Public Health and Environment. III. OWNERSHIP AND OPERATION OF WATER AND SEWER FACILITIES 1. Facilities. The Parties acknowledge and agree that the Ownership of all Facilities shall be in the District when accepted by and conveyed to the District in accordance with Section 11.5 above. The District shall be responsible for the operation and maintenance of all Facilities subject to Section 2., below. 2. District Operation and Maintenance of the Water and Sewer Facilities. For purposes of this Agreement and to clarify the continuing obligation of the District to provide Services to Applicant (and the Successor District and its inhabitants,) the Property. as the same may be enlarged from time to time as permitted under Section 111.2.1., is hereinafter referred to as the "Contract Service Area." A. Subject to the execution of a Tap Purchase Agreement, the District agrees to furnish the Services within the Contract Service Area for all uses and purposes to which it is lawfully authorized, of a quality, and in quantities so as to provide adequate Services to all users, except as otherwise specifically provided under the terms of this Agreement. The Services so rendered by the District shall be pursuant to the same rules, regulations, policies and standards as the rest of the District Service Area. Nothing herein, however, shall prohibit the District from amending such rules, regulations, policies and standards in a fair, reasonable, and nondiscriminatory manner. B. Applicant grants to the District the right to construct, own, use, connect; disconnect, modify, renew, extend, enlarge, replace, convey, abandon or otherwise dispose of any and all of the Facilities for providing Services within the Contract Service Area and to enable the District to perform its obligations as set forth in subsection 2. A., above. To implement the purposes of this Agreement Applicant agrees to exercise such authority, to do such acts, and to grant such easements as may reasonably be requested by the District and are consistent with Applicant's rights hereunder. C. The District agrees to maintain Facilities it owns or which come under its dominion hereunder by acceptance or otherwise, with reasonable and normal 1081:257092_6 care to the extent that such maintenance is necessary to the furnishing of the Services provided for hereunder and to construct, operate, maintain and keep a complete inventory of such additional physical facilities as are necessary or desirable to accomplish the obligations it has undertaken for Applicant as set forth herein. D. The District may establish, revise, impose and collect charges for the Services it provides users in the Contract Service Area hereunder, which charges shall be referred to as "service charges." In addition, the District may at any time impose tap fees as described above in this Agreement. Service use charges and tap fees are separate charges and one does not include the other or any part thereof. All such fees and charges shall be uniform among members of each class of users within the District Service Areas. Methods of collection of fees and charges shall be applied uniformly among similarly situated users within the District Service Area. Tap fees will be a one-time charge for each discrete development of a parcel or building, payable prior to the commencement of construction and subsequent provision of water service to each parcel or building. There will be no "inclusion fees", however denominated, for the District's general undertaking to furnish Services under this Agreement. Subject to the foregoing, the District shall have sole authority to impose and collect all fees and charges; provided, however, that Applicant may request that the District impose for Applicant's benefit surcharges to the District's service charges and tap fees, in such amounts as may be reasonably required for the purpose of payment of any indebtedness incurred in the construction of the Facilities or for the provision of capital reserves, and the District in its sole discretion may agree to impose and collect such surcharges in the same manner and along with its own charges. If the District, in its sole discretion agrees to surcharge the lines, it shall remit the same to Applicant as and when collected. E. It is mutually agreed that the duration of this Agreement is such that the passage of time will require changes in the charges to be made for the Services to be rendered hereunder in the Contract Service Area, and that the most feasible way to insure fairness will be to keep charges for the rendering of Services within the Contract Service Area uniformly related to charges for the rendering of Services inside other areas of the District Service Area for similar service. It is therefore agreed that the District may modify the schedule of charges for Services provided hereunder, from time to time, in its discretion, provided: (1) Such modification will become effective not earlier than ten (10) days after any changed schedule of charges shall be duly adopted by the District for Services provided within the District. (2) The District will take reasonable steps to notify Applicant and each user in the Contract Service Area of such change within a reasonable time after such change shall have been adopted. (3) The District shall at all times have reasonable discretion to establish and apply criteria for determining, as to Services provided to both the Property and the District Service Area, rate structure, necessary plant, plant value, and 1081:257092_6 operation, maintenance and depreciation expenses, provided that the application of such criteria shall be made upon the same basis with respect to the provision of Services to the Property and within the District. F. All the general rules and regulations and amendments thereto placed in force by the District from time to time concerning the operation of the District's service systems and conditions of service from those systems shall be as fully enforceable in the Contract Service Area as rest of the District Service Area. Applicant shall have the right to make and enforce rules not inconsistent with the District rules to govern uses in the Contract Service Area, subject to the Districts prior review and approval of such rules and regulations. Applicant agrees for itself and the Successor District to exercise any rule making or police power it may have to assist the District in enforcing the District's rules and regulations including those made to protect purity and safety of the water supply and to prevent waste of water in the Contract Service Area. G All water furnished by the District in providing Services hereunder is on a leasehold basis only for a single use by the users within the Contract Service Area for the purposes for which the water rights have been decreed. Such right to use the leased water does not include any right to recapture, reuse or make a succession of uses of such water and the District retains dominion and control of, and all rights to, return flows, wastewater and any other water whatsoever remaining after the first use of the leased water. The District shall be entitled to enter the Property in the future to install, maintain and inspect necessary measuring devices and equipment to quantify such return flows, and Applicant hereby grants the District an easement for those purposes, provided, however, that the exercise of that easement shall not unreasonably interfere with Applicant's development plans or existing use of the Property. Except as otherwise provided herein, all property rights to the water being furnished by the District hereunder are reserved in the District. Nevertheless, it is mutually agreed that there is no obligation on Applicant or on the users within the Property with respect to creating any particular volume of return flow from water delivered hereunder. H. All facilities installed or replaced by the District in the Contract Service Area shall be installed pursuant to its rules, regulations and standards. Said facilities shall be the property of the District. 1. No enlargement of the Contract Service Area by Applicant, or any other amendment of this Agreement, may be made except by mutual agreement entered into with the same formality as that employed in the execution of this Agreement. J. Applicant agrees that it will neither directly nor indirectly furnish, nor authorize the furnishing, of any Services within the Contract Service Area through the Facilities so long as the District is in material compliance with its obligations hereunder. (For purposes of this Section J., if there arises any breach of the District's obligation hereunder, the District will continue to be in material compliance so long as the District promptly commences and exercises all reasonable and good faith efforts to cure the breach upon being given notice thereof and completes the cure within sixty (60) days 1081:257092 6 after receipt of same or, if sixty days is an inadequate time frame under the circumstances, within such reasonable additional time frame as may actually be necessary.) K. In the event, after the assignment hereof to a Successor District as contemplated herein, the Successor District seeks to dissolve pursuant to C.R.S. 32-1- 701 et seq, as amended, the plan for dissolution required by C.R.S. 32-1-702 shall specifically provide that Services are to continue to be provided to the Property by the District. IV. MISCELLANEOUS 1. Indemnification by Applicant. To the extent permitted by law, Applicant hereby agrees to defend, indemnify and hold harmless the District from and against any and all liens, claims, demands, injuries, damages, costs, expenses (including without limitation reasonable attorneys' and legal assistants' fees) or liability incurred by or asserted against the District ("Claims") through actions by persons or entities not party to this Agreement, as a result of or in any way arising out of the Applicant's installation and construction of the Facilities, except to the extent of the negligence or willful misconduct of or material breach of this Agreement by the District or its agents, contractors, independent contractors or employees. Said indemnification shall include, but not be limited to, court costs, damages, and reasonable attorneys' fees. In the event of an occurrence or loss out of which a claim arises or could arise, District agrees to transmit in writing, promptly upon its receipt, any notice or information received or learned by District concerning such claim. Except at its own cost, or except as reasonably undertaken with the intent of mitigating its losses, District agrees not to voluntarily make any payment, assume any obligation or incur any expense in connection with the subject matter of this subsection. No claim for indemnity under this paragraph shall lie against the Applicant hereunder unless as a condition precedent thereto, District has fully complied with the provisions of this Agreement nor until the amount of District's obligation to pay shall have been fully determined (except again for sums reasonably incurred by District with the intent of mitigating its losses) and no claim for indemnity whatsoever shall lie against the Applicant for any Claim made following the expiration of the one year remedial period for the Facilities dedicated to the District as described in II.4.A., above except to the extent of negligence or willful misconduct of or material breach of this Agreement by the Applicant or its agents, contractors, independent contractors or employees. 2. Indemnification by District. To the extent permitted by law, the District agrees to save Applicant harmless from and against any and all liens, claims, demands, injuries, damages, costs, expenses (including without limitation reasonable attorneys' and legal assistants' fees) or liability incurred by or asserted against the Applicant through actions by persons or entities not party to this Agreement, arising out of the District's provision of Services under color of this Agreement, except to the extent of the negligence or willful misconduct of or material breach of this Agreement by the Applicant or its agents. contractors, independent contractors or employees. Said indemnification shall include, but not be limited to, court costs, damages, and 1081:257092_6 reasonable attorneys' fees. In the event of an occurrence or loss out of which a claim arises or could arise, Applicant agrees to transmit in writing, promptly upon its receipt, any notice or information received or learned by Applicant concerning such claim. Except at its own cost, or except as reasonably undertaken with the intent of mitigating its losses, Applicant agrees not to voluntarily make any payment, assume any obligation or incur any expense in connection with the subject matter of this subsection. No claim shall lie against the District hereunder unless as a condition precedent thereto, Applicant has fully complied with the provisions of this Agreement nor until the amount of Applicant's obligation to pay shall have been fully determined (except again for sums reasonably incurred by Applicant with the intent of mitigating its losses). 3. Enforcement.Applicant and District acknowledge and agree that this Agreement may be enforced in law or in equity by decree of specific performance, damages, or other legal and equitable relief as may be available to either Party subject to the provisions of the laws of the State of Colorado; provided that punitive damages are not recoverable. The Parties specifically acknowledge that the timely performance of the obligations set forth in this Agreement is essential and that a failure to perform the obligations in breach of this Agreement may cause the other Party irreparable harm for which damages or other remedies available at law will not be adequate, and which may be adequately redressed only by specific performance or other appropriate equitable relief. The parties agree that in any action to enforce any provision of this Agreement the prevailing Party shall be entitled to recover from the other Party all of the prevailing Party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees. 4. Successors and Assigns; Intergovernmental Agreement. A. All successors in interest to the Applicant in the ownership of the Property, or portions thereof, will acquire their interests subject to the conditions, requirements and limitations placed upon the provision of Services hereunder, and the authorizations and other rights (including lien rights) in favor of the District, and as such this Agreement shall constitute covenants running with the Property and shall be binding upon Applicant and its successors and transferees of the Property, to the extent of the portions of the Property that each of them owns; provided, however, that when a successor or transferee becomes entitled to receive Services hereunder, such Services shall not be conditioned upon or limited or terminated because of any failure, on the part of some other successor or transferee and with respect to another portion of the Property to satisfy any conditions, requirements or limitations placed thereon pursuant to this Agreement. Notwithstanding the foregoing provisions or any other provisions of this Agreement that may indicate to the contrary, and except to the extent specifically assumed by any such successor in writing, any such successor will not have any personal liability for the Applicant's remedial undertakings in relation to the construction of Facilities, or any other obligations of the Applicant hereunder, except that (i) any such successor, in its capacity as a recipient of Services, will have the same obligations and liabilities to the District as are applicable to recipients of Services within the District, and (ii) any successor will be liable for remedial (under Section II.4.A. above) and any other obligations applicable to any Facilities that the successor may construct and dedicate to 10131:257092_6 the District. The foregoing exculpation from personal liability in favor of successors will not preclude the District from enforcement by equitable remedies in the nature of specific performance or prohibitory injunctive relief that do not entail the recovery of damages or other sums or the incurrence of expenditures in order to comply. In order that notice of the District's authority hereunder may be given to all applicable property owners, Applicant agrees that this Agreement shall be recorded against the Property and Applicant agrees that it will not sell and convey any portion of the Property to which it has allocated Taps prior to the recording of this Agreement against the Property, and in addition the Applicant shall exercise reasonable and good faith efforts to secure the requisite consents of the Property's mortgage lender to the terms of this Agreement and to it being made of record against the Property, and upon the occurrence of the latter event the Applicant and District shall record this Agreement against the Property B. Upon the formation of the Successor District, and the assignment of this Agreement to the Successor District pursuant to the provisions hereof, this Agreement shall then constitute an intergovernmental agreement authorized pursuant to C.R.S. ' 29-1-201, et seq. The Applicant will have no obligation or liability under this Agreement from and after the completion of that assignment. Without diminishing the rights of enforcement and other interests of the Successor District hereunder, the District acknowledges that following such assignment the Applicant and its Qualified Successors will continue to be third party beneficiaries of the District's obligations hereunder, with rights of direct enforcement. 5. Assignment. Prior to the transfer of the Initial Water as required hereby, this Agreement may be assigned by Applicant only with the written consent of the District, which consent may be given or not in the sole discretion of the District notwithstanding the provisions of Section IV.7., below. Any such attempted assignment without such consent shall be deemed void and of no force and effect 6. Survival of Obligations. Notwithstanding the prohibition against unauthorized assignment set forth in Section IV. 5., above, the provisions of this Agreement shall be deemed to survive any transfer of the Property and shall be binding upon the successors to, and/or transferees, and assigns of the Applicant's interest in the Property. 7. Fair Dealing. In all cases where the consent or approval of one Party is required before the other may act, or where the agreement or cooperation of either or both parties is separately or mutually required as a legal or practical matter, then in that event the parties agree that each will act in a fair and reasonable manner with a view to carrying out the intents and goals of this Agreement as the same are set forth herein, subject to the terms hereof. In the performance of this Agreement, each Party shall be bound in accordance with the general rules and principles of the Colorado law of contracts, and the District, in the exercise of its governmental powers, may not contravene any of the rights and interests of the Applicant (and its successors) under this Agreement in violation of the law of contracts; provided, however, that subject to the other provisions herein, this Agreement shall not be construed as imposing on either Party any greater duty or obligation to the other than that which already exists as a 1081:257092_6 matter of Colorado law, including but not limited to any fiduciary duty or other responsibility greater than that of reasonable parties contracting at arms length. The Property will not be bound by or subject to any rules or regulations of the District that are not also applicable and enforced in the same manner against similarly situated properties and users of Services within District Service Area. All references in this Agreement to the District's standards, policies, rules or regulations, or similar references, shall mean the same as adopted and applied by the District within the District Service Area, but as the same may be amended from time to time. Furthermore, notwithstanding any provisions in this Agreement to the contrary, in furnishing Services to the recipients thereof within the Property, the District will be bound by the same duties and standards of care as are applicable to and benefit recipients of Services within the District. 8. Supersedes Prior Agreements. This Agreement supersedes all prior agreements between the Parties with respect to the Property and shall constitute the entire agreement of the Parties. 9. Severability. To the extent that this Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of this Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof, provided that neither Party is materially deprived of the benefit of the intended bargain hereunder. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. 10. Third Parties.lt is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of the Parties hereto that any person other than Applicant and the District receiving Services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. However, the District specifically acknowledges and agrees that its obligations and undertakings hereunder will inure to the benefit of and may be enforced by Applicant. the Successor District and Qualified Successors. 11. Authority and Term. Each Party hereto represents and warrants that all actions have been taken that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this Agreement on behalf of such Party and to bind such Party to its provisions, and that such Party otherwise has all requisite legal authority to bind itself to the provisions hereof, for the full term of this Agreement, and without any further action on the part of such Party or any third party or authority. 12. Termination for Breach and Waiver. 1081:257092_6 A. It is essential to the interests of each Party that this Agreement be maintained in effect, in accordance with its terms, and therefore neither Party shall have the contract remedy, generally afforded by law, to terminate this Agreement for a breach of the other Party's obligations hereunder; provided, however, that the foregoing shall not impair the non -defaulting Party's rights to pursue appropriate equitable relief as otherwise provided herein, or any express right of termination set forth under the other provisions of the Agreement. B. No waiver by any of the Parties of any covenant, term, condition, or agreement contained herein shall be deemed or construed as a waiver of any other covenant, term, condition, or agreement, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Agreement. 13. Notices. Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: (1) upon hand delivery, or (2) upon 3 days after the same shall have been mailed by certified mail, return receipt requested; to the address of the Parties as set forth below or to such other Party or addresses as may hereafter be designated in writing. To Applicant: TCVN, LLC c/o Equinox Land Group, Inc. 9055 East Mineral Circle, Suite 100 Centennial, Colorado 80112 Attn.: Gene A. Osborne To District: Todd Creek Village Metropolitan District 21 North 1St Avenue, Suite 190 Brighton, Colorado 80601 Attention: James Worley, Manager 14. Incorporation of Exhibits. All Exhibits attached hereto and referenced herein are incorporated into this Agreement by this reference. 15. Governing Law. Venue. This Contract shall be construed in accordance with the laws of the State of Colorado. Venue shall be in the District Court in and for the County of Weld, State of Colorado. 16. Estoppel Certificates. With fifteen (15) business days after request therefor from time to time by notice, the Party which is the recipient of the request shall 1081:257092_6 execute and deliver an estoppel certificate confirming that this Agreement remains in full force and effect in accordance with its stated provisions (subject to any appropriate qualifications that the request may disclose). Additionally the request may ask that the response set forth any outstanding sums that the requested Party claims are then due and owing to the requested Party under this Agreement, and any claims by the requested Party of any outstanding breaches or defaults of this Agreement by any other Party bound hereby, and the status of such other matters related to the terms of this Agreement as may be reasonably set forth by the requesting Party in its notice of request. Any estoppel certificate so tendered may be relied upon by the requesting Party and its designees. IN WITNESS WHEREOF. the parties hereto have caused their names and seals to be affixed the date and year first above written. TODD CREEK VILLAGE METROPOLITAN DISTRICT a quasi -municipal corporation and political subdivision of the State of Colorado. By: President ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC By: TCVN, LLC, its operating manager C By: rem C Gene Osborne Its: Manager STATE OF G p r -n_ et..O COUNTY OF X19O, hCC,) ) ss. The foregoing in trument was acknowledged before me this l - _ day of S&yftri Tit , 2008, by Gene Osborne, as Manager of TCVN, LLC, operating manager of ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC a Colorado limited liability company. Witness my hand and official seal. My commission expires: I O /3 O/ O F_a,,f -e##- #P-Q4`#O-#O.ra# EMILY VINZ NOTARY PUBLIC STATE OF COLORADO _-fl aaait-a My Commission Expires 10/30/2010 Notary Public STATE OF COLORADO COUNTY OF A rn,I cdoce)t- c The f regoing instrument was acknowledged before me this 11` k) day of Jti ,� 1'A9\�C , 2008, by (tit) O j 'p1'* aI President of TODD CREEK VILLAGE METROPOLITAN DISTRICT, a quasi -municipal corporation of the State of Colorado. ) ss. Witness my hand and official seal. My commission expires: l v 1 3O A/ 0 EMILY VINZ NOTARY PUBLIC STATE OF COLORADO 4....-ren.•-•-e4.44-nenee My Commission Expires 1O'2('a01') Notary Public APPENDIX 1- PORTIONS OF WELD COUNTY CODE (2017) REFERRED TO IN THE SERVICE PLAN 2-14-20.1 The Service Plan shall include financial projections prepared by an investment banking firm or financial advisor qualified to make such projections. Said firm shall be listed in the Bond Buyers Marketplace as a provider of financial projections. The financial projections shall include calculations establishing the District's projected maximum debt capacity based on assumptions of (i) the projected interest rate on the debt to be issued by the District; (ii) the projected assessed valuation of the property within the District; and (iii) the projected rate of absorption of the assessed valuation within the District. These calculations must use market -based, market -comparable valuation and absorption data and shall not use an annual inflation rate greater than three percent (3%). The Maximum Debt Authorization in the Service Plan shall not be increased unless one (1) or a combination of the factors described in (i), (ii) or (iii) above change or the rate of inflation is demonstrated to be in excess of three percent (3%), leading to increased debt capacity for the District as determined by an investment banking firm or financial advisor as described above, in which case the Maximum Debt Authorization may increase up to one hundred fifty percent (150%) of the original projected maximum debt capacity. The Service Plan shall provide that any increase in the Maximum Debt Authorization by the District above the limits described above shall require forty -five-day notice publication and written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S., along with a report from the financial advisor described above, documenting the basis for the increase in the Maximum Debt Authorization. If, within forty-five (45) days of the publication of such notice, the County expresses to the District a written objection to the proposed action, then the proposed action shall he considered a material modification of the Service Plan and shall be resolved only in accordance with Section 31-1-207(2), C.R.S. The vote by the Board of Directors to increase the Maximum Debt Authorization above the limits described above which precedes the notice to the County must occur at a public meeting of the District for which the District has sent written notification via U.S. mail at least fourteen (14) days and not more than thirty (30) days in advance of such a meeting to all electors, residents and landowners ("District Meeting"). Such notification must include the time, date and location of the meeting, as well as a general description of the modification to be discussed. 2-14-20.L Every Service Plan shall include, in addition to all materials, plans and reports required by the Act, a Primary Infrastructure Plan ("PIP") as defined in the Model Service Plan. This PIP shall include, at a minimum, a map or maps (24" x 36") providing an illustration of public improvements proposed to be built, acquired or financed by the District, along with a written narrative and description of those items and a general description of the District's proposed role with regard to the same. (00392834) SERVICE PLAN FOR DRY CREEK METROPOLITAN DISTRICT NO. 1 WELD COUNTY, COLORADO PREPARED BY: SETER & VANDER WALL, P.C. 7400 EAST ORCHARD ROAD, SUITE 3300 GREENWOOD VILLAGE, CO 80111 MARCH 7, 2019 JANUARY 27, 2020 UI)31,1 I I ; I. INTRODUCTION A. Purpose and Intent. The District is an independent unit of local government, separate and distinct from the County and, except as may otherwise be provided for by state or local law or this Service Plan, its activities are subject to review by the County only insofar as they may deviate in a material matter from the requirements of this Service Plan. It is intended that the District will provide a part or all of the Public Improvements for the use and benefit of all anticipated inhabitants and taxpayers of the District. The primary purpose of the District will be to finance the construction of these Public Improvements. The District is not being created to provide ongoing operations and maintenance services other than as specifically set forth in this Service Plan. This Service Plan has been prepared in accordance with Article XIV of Chapter 2 of the County Code. B. Need for the District. There are currently no other governmental entities, including the County, located in the immediate vicinity of the District that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and financing of the Public Improvements needed for the Project. Formation of the District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C. Objective of the County Regarding District's Service Plan. The County's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District. All Debt is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term and at a tax mill levy no higher than the Maximum Debt Mill Levy. Debt which is issued within these parameters (as further described in the Financial Plan) will insulate property owners from excessive tax burdens to support the servicing of the Debt and will result in a timely and reasonable discharge of the Debt. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that are not to be violated under any circumstances. The primary purpose is to provide for the Public Improvements associated with the Project and those regional improvements necessitated by the Project. Ongoing operational and maintenance activities are allowed, but only as specifically addressed in this Service Plan, and only to the extent that the District has sufficiently demonstrated that such operations and maintenance functions are in the best interest of the County and the existing and future residents and taxpayers of the District. In no case shall the mill levies imposed by the District for debt service and operations and maintenance functions exceed the Aggregate Mill Levy Cap. The District shall be authorized to finance the Public Improvements that can be funded from Debt to be repaid from tax revenues collected from a mill levy which shall not exceed the {004451II) 2 Maximum Debt Mill Levy and which shall not exceed the Maximum Debt Mill Levy Imposition Term. It is the intent of this Service Plan to assure to the extent possible that no taxable property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration, even under bankruptcy or other unusual situations. Generally, the costs of Public Improvements that cannot be funded within these parameters are not costs to be paid by the District. II. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: "Aggregate Mill Levy Cap" means the maximum aggregate mill levy the District is permitted to impose for debt service and operations and maintenance, as set forth in Subsection VI.H below. "Approved Development Plan" means a development plan or other process established by the County (including but not limited to approval of a Planned Unit Development final plan or Subdivision final plat by the BOCC) for identifying, among other things, Public Improvements necessary for facilitating development for property within the Service Area as approved by the County pursuant to the County Code and as amended pursuant to the County Code from time to time. "Board" means the Board of Directors of the District. "BOCC" means the Board of County Commissioners of the County of Weld, Colorado. "Bond", "Bonds" or "Debt" means bonds or other obligations for the payment of which the District has promised to impose an ad valorem property tax mill levy and/or pledged revenue received by the District through fees imposed for services, programs or facilities provided by the District. "County" means the County of Weld, Colorado. "County Code" means the Weld County Code, as the same may be amended from time to time. "District" means the Dry Creek Metropolitan District No. 1. "External Financial Advisor" means a consultant that: (1) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (2) shall be an underwriter, investment banker or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and (3) is not an officer or employee of the District. {00445111) 3 "Financial Plan" means the Financial Plan described in Section VI below which is prepared by an External Financial Advisor in accordance with the requirements of the County Code and describes: (a) how the Public Improvements are to be financed; (b) how the Debt is expected to be incurred; and (c) the estimated operating revenue derived from property taxes for the first budget year. "Inclusion Area Boundaries" means the boundaries of the area described in the Inclusion Area Boundary Map, if any. "Inclusion Area Boundary Map" means the map attached hereto as Exhibit C-2. describing the property proposed for inclusion within the District (if any) in the future. "Initial District Boundaries" means the boundaries of the area described in the Initial District Boundary Map. "Initial District Boundary Map" means the map attached hereto as Exhibit C-1, describing the District's initial boundaries. "Map Depicting Public Improvements" means the map or maps attached hereto as Exhibit E, showing the locations of the Public Improvements listed in the Primary Infrastructure Plan. "Maximum Debt Mill Levy" means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Subsection VI.C below. "Maximum Debt Mill Levy Imposition Term" means the maximum term for imposition of a mill levy as set forth in Subsection VI.D below. "Primary Infrastructure Plan" means the Primary Infrastructure Plan described in Subsection V.B below, which includes: (a) a list of the Public Improvements to be developed by the District; and (b) an estimate of the cost of the Public Improvements. "Project" means the development or property commonly referred to as Dry Creek. "Public Improvements" means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed as generally described in the Special District Act, except as specifically limited in Section V below to serve the future taxpayers and inhabitants of the Service Area as determined by the Board of the District. "Service Area" means the property within the Initial District Boundary Map and the Inclusion Area Boundary Map. "Service Plan" means this service plan for the District approved by the BOCC. "Service Plan Amendment" means an amendment to the Service Plan approved by the BOCC in accordance with applicable state law. {0044511I} 4 "Special District Act" means Sections 32-1-101 et seq., C.R.S., as amended from time to time. "State" means the State of Colorado. "Total Debt Issuance Limitation" means the total Debt the District is authorized to issue, as set forth in Paragraph V.A.67 below and supported by the Financial Plan. III. BOUNDARIES The area of the Initial District Boundaries includes approximately 79 acres, and the total area proposed to be included in the Inclusion Area Boundaries is approximately 451 acres. A legal description of the Initial District Boundaries is attached hereto as Exhibit A. A map of the Initial District Boundaries is attached hereto as Exhibit C -1, and a map and legal description of the Inclusion Area Boundaries is attached hereto as Exhibit C-2. A vicinity map is attached hereto as Exhibit B. It is anticipated that the District's Boundaries may change from time to time as it undergoes inclusions and exclusions pursuant to Sections 32-1-401 et seq., C.R.S., and Sections 32-1-501 et seq., C.R.S., subject to the limitations set forth in Article V below. The District may include and exclude property within the District's Service Area without further approval of the County. IV. PROPOSED LAND USE AND ASSESSED VALUATION The Service Area consists of approximately 589530 acres of land. The current assessed valuation of the Service Area is assumed to be $120,150 (One Hundred Twenty Thousand One Hundred Fifty Dollars) for purposes of this Service Plan and, at build -out, is expected to be sufficient to reasonably discharge the Debt as demonstrated in the Financial Plan. Approval of this Service Plan by the County does not imply approval of the development of a specific area within the District, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings which may be identified in this Service Plan or any of the exhibits attached thereto, unless the same is contained within an Approved Development Plan. V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide, operate and maintain within and without the boundaries of the District, the Public Improvements set forth in the Service Plan, as such power and authority are described in the Special District Act and other applicable statutes, common law and the State Constitution, subject to the limitations set forth herein. If, after the Service Plan is approved, the State Legislature includes additional powers or grants new or broader powers for Title 32 districts by amendment of the Special District Act, no such powers shall be available to or exercised by the District unless the District publishes a forty -five- day notice and provides written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the {00445111) 5 District a written objection to the proposed exercise of such new or broader powers, then the exercise of the same by the District without the prior written consent of the BOCC shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. 1. Public Improvements. The District may plan for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. The District shall dedicate the Public Improvements to the County or other appropriate jurisdiction or owners' association in a manner consistent with the Approved Development Plan, other rules and regulations of the County and applicable provisions of the County Code. 2. Operations and Maintenance. The District shall be authorized to operate, maintain, repair, and improve the Public Improvements. 3. Construction standards limitation. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the County and of other governmental entities having proper jurisdiction, as applicable. The District will obtain all applicable permits for construction and installation of Public Improvements prior to perform i ng such work. 4. Privately placed debt limitation. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by the District for the [insert the designation of the Debt] does not exceed a reasonable current [tax-exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert the designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 5. Inclusion limitation. The District shall not include within its boundaries any property outside the Service Area without the prior written consent of the BOCC. Inclusions or exclusions not described in this Service Plan shall require a forty -five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed inclusion or exclusion, then the proposed inclusion or exclusion shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. 6. Initial debt limitation. Prior to the effective date of approval of an Approved Development Plan relating to development within all or a part of the Service Area, the District shall not: (a) issue any Debt; (b) impose a mill levy for the payment of Debt by direct {00445111} 6 imposition or by transfer of funds from the operating fund to the Debt service funds; or (c) impose and collect any fees used for the purpose of repayment of Debt. 7. Total debt issuance limitation. The District shall not issue Debt in excess of $30,000,000 (Thirty -million dollars). To the extent the District seeks to modify the Total Debt Issuance Limitation, it shall proceed in accordance with Subsection 2-14-20.I of the County Code as attached in Appendix 1, where the Total Debt Issuance Limitation is also referred to as the "Maximum Debt Authorization." 8. Consolidation limitation. The District shall not file a request with any court to consolidate with another Title 32 district without the prior written consent of the County. 9. Eminent domain limitation. The District shall not exercise its statutory power of eminent domain, except as may be necessary to construct, install, access, relocate or redevelop the Public Improvements identified in the Primary Infrastructure Plan. Any use of eminent domain shall be undertaken strictly in compliance with state law. Any proposed use of eminent domain for a purpose other than as may be necessary to complete the Public Improvements identified in the Primary Infrastructure Plan shall require a forty -five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R. S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed use of eminent domain by the District, then the proposed use of eminent domain shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. 10. Service Plan amendment requirement. This Service Plan is general in nature and does not include specific detail in some instances because development plans have not been finalized. The Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. Modification of the general types of services and facilities making up the Public Improvements, and changes in proposed configurations, locations or dimensions of the Public Improvements, shall be permitted to accommodate development needs consistent with the then -current Approved Development Plans for the Project. The District is an independent unit of local government, separate and distinct from the County, and its activities are subject to review by the County only insofar as they may deviate in a material manner from the requirements of the Service Plan. Any action of the District which: (1) violates the limitations set forth in Paragraphs V.A.1-10 above; or (2) violates the limitations set forth in Subsections VI.B—H below, shall be deemed to be a material modification to this Service Plan, unless otherwise agreed by the County as provided for in Section X of this Service Plan. B. Primary Infrastructure Plan. The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance and financing of the Public Improvements within and without the boundaries of the District, to be more specifically defined in an Approved Development Plan. The Primary Infrastructure Plan, including: (1) a list of the Public Improvements to be developed by the District; and (2) an estimate of the cost of the Public Improvements is attached hereto as Exhibit D. The Map Depicting Public Improvements {00445111} 7 attached hereto as Exhibit E shall comply with Subsection 2-14-20.L of the County Code as attached in Appendix 1, except it may be reduced as necessary to permit filing of the approved Service Plan with the District Court for and in Weld County, Colorado. As shown in the Primary Infrastructure Plan, the estimated cost of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed by the District is approximately $27,845,000. The District shall be permitted to allocate costs between such categories of the Public Improvements in its discretion. All of the Public Improvements described herein will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the County and shall be in accordance with the requirements of the Approved Development Plan. All descriptions of the Public Improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, the County's requirements and construction scheduling may require. Upon approval of this Service Plan, the District will continue to develop and refine the Primary Infrastructure Plan and the Map Depicting Public Improvements, as necessary, and prepare for issuance of Debt. All cost estimates will be inflated to then -current dollars at the time of the issuance of Debt and construction. All construction cost estimates contained in Exhibit D assume construction to applicable local, state or federal requirements. VI. FINANCIAL PLAN A. General. The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from its revenues and by and through the proceeds of Debt to be issued by the District. The Financial Plan for the District shall be to issue such Debt as the District can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the District shall be permitted to issue shall not exceed the Total Debt Issuance Limitation and shall be permitted to be issued on a schedule and in such year or years as the District determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. All Bonds and other Debt issued by the District may be payable from any and all legally available revenues of the District, including general ad valorem taxes to be imposed upon all taxable property within the District. The District will also rely upon various other revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties or charges as provided in Section 32-1- 1001(1), C.R.S. The Total Debt Issuance Limitation is supported by the Financial Plan prepared by D.A. Davidson attached hereto as Exhibit F and the Engineers Opinion of Probable Construction Costs shown in Exhibit D. The Financial Plan attached to this Service Plan satisfies the requirements of Subsection 2-14-20.I of the County Code as attached in Appendix 1. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. ;00445111; 8 The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. In the event of a default, the proposed maximum interest rate on any Debt is not expected to exceed fifteen percent (15%). The proposed maximum underwriting discount will be five percent (5%). Debt, when issued, will comply with all relevant requirements of this Service Plan, state law and federal law as then applicable to the issuance of public securities. C. Maximum Debt Mill Levy. The Maximum Debt Mill Levy shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt, and shall be fifty (50) mills; provided that if, on or after January 1, 2006, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2006, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1 101, C.R.S., and all other requirements of state law. D. Maximum Debt Mill Levy Imposition Term. The District shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any property which exceeds forty (40) years after the year of the initial imposition of such mill levy to such property unless a majority of the Board are residents of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101 et seq., C.R.S. The District shall be limited to issuing new Debt within a period of fifteen (15) years from the date of the District's first debt authorization election. The District may issue Debt after the fifteen -year period in order to provide the services outlined in this Service Plan if development phasing is of a duration that makes it impracticable to issue all debt within the fifteen -year period. E. Debt Repayment Sources. The District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service. The District may also rely upon various other revenue sources authorized by law. At the District's discretion, these may include the power to assess fees, rates, tolls, penalties or charges as provided in the Special District Act. In no event shall the debt service mill levy in the District exceed the Maximum Debt Mill Levy. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds or other funds available from or through governmental or nonprofit entities for which the County is eligible to apply, except pursuant to an intergovernmental agreement with the County. 100445111) 9 F. Security for Debt. The District shall not pledge any revenue or property of the County as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the County of payment of any of the District's obligations; nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the County in the event of default by the District in the payment of any such obligation. G. TABOR Compliance. The District will comply with the provisions of TABOR. In the discretion of the Board, the District may set up other qualifying entities to manage, fund, construct and operate facilities, services and programs. To the extent allowed by law, any entity created by the District will remain under the control of the District's Board. H. District's Operating Costs. The estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the District's organization and initial operations, are anticipated to be $200,000 which will be eligible for reimbursement from Debt proceeds. In addition to the capital costs of the Public Improvements, the District will require operating funds for administration and to plan and cause the Public Improvements to be operated and maintained. The first year's operating budget is estimated to be $50,000 which is anticipated to be derived from property taxes and other revenues. The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the District's mill levy necessary for the provision of operation and maintenance functions to its taxpayers and service users. The Aggregate Mill Levy Cap shall be the maximum mill levy the District is perm itted to impose upon the taxable property within the District for payment of Debt and operations and maintenance functions, and shall be sixty-five (65) mills; provided that if, on or after January 1, 2006, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the Aggregate Mill Levy Cap may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2006, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. I. Elections. Elections of the District, including its organizational election, will be conducted as provided in the Uniform Election Code of 1992, the Colorado Local Government Election Code, the Special District Act, and TABOR, and any other laws related to special district elections. (00445111} 10 At least thirty (30) days prior to the District's organizational election, the proposed ballot questions shall be submitted to the County for review to ensure that said ballot questions are in compliance with this Service Plan. VII. ANNUAL REPORT A. General. The District shall be responsible for submitting an annual report with the County Clerk not later than March 1 of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County, Colorado. B. Reporting of Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made or proposed to the District's boundary as of December 31 of the prior year. 2. Intergovernmental Agreements with other governmental entities, either entered into or proposed as of December 31 of the prior year. 3. Copies of the District's rules and regulations, if any, as of December 31 of the prior year. 4. A summary of any litigation which involves the District's Public Improvements as of December 31 of the prior year. 5. Status of the District's construction of the Public Improvements as of December 31 of the prior year. 6. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the County as of December 31 of the prior year. 7. The estimated assessed valuation of the District for the current year. 8. Current year budget including a description of the Public Improvements to be constructed in such year. 9. Audit of the District's financial statement, for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles or audit exemption, if applicable. VIII. DISSOLUTION Upon a determination of the BOCC that the purposes for which the District was created have been accomplished, the District agrees to file a petition in the District Court in and for Weld County, Colorado, for dissolution, in accordance with the provisions of the Special District Act. In no event shall dissolution occur until the District has provided for the payment or discharge of {00445111} 11 all of its outstanding Debt and other financial obligations as required pursuant to state statutes. If the District is responsible for ongoing operations and maintenance functions under this Service Plan (Long -Term District Obligations), the District shall not be obligated to dissolve upon any such BOCC determination. However, should the Long -Term District Obligations be undertaken by the County or other governmental entity, or should the District no longer be obligated to perform the Long -Term District Obligations, the District agrees to commence dissolution proceedings as set forth above. IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS All such agreements must be for facilities, services and agreements lawfully authorized to be provided by the District, pursuant to the State Constitution, Article XIV, Section I8(2)(a), and Sections 29-1-201 et seq., C.R.S. To the extent practicable, the District may enter into additional intergovernmental and private agreements to better ensure long-term provision of the Public Improvements identified herein. Agreements may also be executed with property owner associations and other service providers. Any agreements which are required, or known at the time of formation of the District to likely be required, to fulfill the purposes of the District, are identified in Exhibit G. X. MATERIAL MODIFICATIONS Material modifications to this Service Plan may be made only in accordance with Section 32-1- 207, C.R.S. No modification shall be required for an action of the District which does not materially depart from the provisions of this Service Plan. The District may request from the County a determination as to whether the County believes any particular action constitutes a material departure from the Service Plan, and the District may rely on the County's written determination with respect thereto; provided that the District acknowledges that the County's determination will be binding only upon the County, and will not be binding upon any other party entitled to enforce the provisions of the Service Plan as provided in Section 32-1-207, C.R.S. XI. CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., and Section 32-1-203(3), C.R.S., establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; {00445111} 12 4. The area to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; 5. Adequate service is not, and will not be, available to the area through the County or other existing municipal or quasi -municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; 6. The facility and service standards of the District are compatible with the facility and service standards of the County and each municipality which is an interested party under Section 32-1-204(1), C.R.S.; 7. The proposal is in substantial compliance the County's Master Plan adopted pursuant to Section 30-28-106, C.R.S.; 8. The proposal is in compliance with any duly adopted County, regional or state long-range water quality management plan for the area; 9. The creation of the District is in the best interests of the area proposed to be served; and 10. The creation of the District is in the best interests of the residents and future residents of the area proposed to be served. XII. RESOLUTION OF APPROVAL The District agrees to incorporate the BOCC's resolution of approval, including any conditions on any such approval, into the Service Plan presented to the District Court for and in Weld County, Colorado. ;00445III 13 APPENDIX 1- PORTIONS OF WELD COUNTY CODE (2017) REFERRED TO IN THE SERVICE PLAN t 2-14-20.1 The Service Plan shall include financial projections prepared by an investment banking firm or financial advisor qualified to make such projections. Said firm shall be listed in the Bond Buyers Marketplace as a provider of financial projections. The financial projections shall include calculations establishing the District's projected maximum debt capacity based on assumptions of (i) the projected interest rate on the debt to be issued by the District; (ii) the projected assessed valuation of the property within the District; and (iii) the projected rate of absorption of the assessed valuation within the District. These calculations must use market -based, market -comparable valuation and absorption data and shall not use an annual inflation rate greater than three percent (3%). The Maximum Debt Authorization in the Service Plan shall not be increased unless one (1) or a combination of the factors described in (i), (ii) or (iii) above change or the rate of inflation is demonstrated to be in excess of three percent (3%), leading to increased debt capacity for the District as determined by an investment banking firm or financial advisor as described above, in which case the Maximum Debt Authorization may increase up to one hundred fifty percent (150%) of the original projected maximum debt capacity. The Service Plan shall provide that any increase in the Maximum Debt Authorization by the District above the limits described above shall require forty -five-day notice publication and written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S., along with a report from the financial advisor described above, documenting the basis for the increase in the Maximum Debt Authorization. If, within forty-five (45) days of the publication of such notice, the County expresses to the District a written objection to the proposed action, then the proposed action shall be considered a material modification of the Service Plan and shall be resolved only in accordance with Section 31-1-207(2), C.R.S. The vote by the Board of Directors to increase the Maximum Debt Authorization above the limits described above which precedes the notice to the County must occur at a public meeting of the District for which the District has sent written notification via U.S. mail at least fourteen (14) days and not more than thirty (30) days in advance of such a meeting to all electors, residents and landowners ("District Meeting"). Such notification must include the time, date and location of the meeting, as well as a general description of the modification to be discussed. 2-14-20.L Every Service Plan shall include, in addition to all materials, plans and reports required by the Act, a Primary Infrastructure Plan ("PIP") as defined in the Model Service Plan. This PIP shall include, at a minimum, a map or maps (24" x 36") providing an illustration of public improvements proposed to be built, acquired or financed by the District, along with a written narrative and description of those items and a general description of the District's proposed role with regard to the same. {00445111; SERVICE PLAN FOR DRY CREEK METROPOLITAN DISTRICT NO. 1 WELD COUNTY, COLORADO PREPARED BY: SETER & VANDER WALL, P.C. 7400 EAST ORCHARD ROAD, SUITE 3300 GREENWOOD VILLAGE, CO 80111 JANUARY 27, 2020 {00444897} I. INTRODUCTION A. Purpose and Intent. The District is an independent unit of local government, separate and distinct from the County and, except as may otherwise be provided for by state or local law or this Service Plan, its activities are subject to review by the County only insofar as they may deviate in a material matter from the requirements of this Service Plan. It is intended that the District will provide a part or all of the Public Improvements for the use and benefit of all anticipated inhabitants and taxpayers of the District. The primary purpose of the District will be to finance the construction of these Public Improvements. The District is not being created to provide ongoing operations and maintenance services other than as specifically set forth in this Service Plan. This Service Plan has been prepared in accordance with Article XIV of Chapter 2 of the County Code. B. Need for the District. There are currently no other governmental entities, including the County, located in the immediate vicinity of the District that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and financing of the Public Improvements needed for the Project. Formation of the District is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C. Objective of the County Regarding District's Service Plan. The County's objective in approving the Service Plan for the District is to authorize the District to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the District. All Debt is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term and at a tax mill levy no higher than the Maximum Debt Mill Levy. Debt which is issued within these parameters (as further described in the Financial Plan) will insulate property owners from excessive tax burdens to support the servicing of the Debt and will result in a timely and reasonable discharge of the Debt. This Service Plan is intended to establish a limited purpose for the District and explicit financial constraints that are not to be violated under any circumstances. The primary purpose is to provide for the Public Improvements associated with the Project and those regional improvements necessitated by the Project. Ongoing operational and maintenance activities are allowed, but only as specifically addressed in this Service Plan, and only to the extent that the District has sufficiently demonstrated that such operations and maintenance functions are in the best interest of the County and the existing and future residents and taxpayers of the District. In no case shall the mill levies imposed by the District for debt service and operations and maintenance functions exceed the Aggregate Mill Levy Cap. The District shall be authorized to finance the Public Improvements that can be funded from Debt to be repaid from tax revenues collected from a mill levy which shall not exceed the 100444897} 2 Maximum Debt Mill Levy and which shall not exceed the Maximum Debt Mill Levy Imposition Term. It is the intent of this Service Plan to assure to the extent possible that no taxable property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration, even under bankruptcy or other unusual situations. Generally, the costs of Public Improvements that cannot be funded within these parameters are not costs to be paid by the District. II. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: "Aggregate Mill Levy Cap" means the maximum aggregate mill levy the District is permitted to impose for debt service and operations and maintenance, as set forth in Subsection VI.H below. "Approved Development Plan" means a development plan or other process established by the County (including but not limited to approval of a Planned Unit Development final plan or Subdivision final plat by the BOCC) for identifying, among other things, Public Improvements necessary for facilitating development for property within the Service Area as approved by the County pursuant to the County Code and as amended pursuant to the County Code from time to time. "Board" means the Board of Directors of the District. "BOCC" means the Board of County Commissioners of the County of Weld, Colorado. "Bond", "Bonds" or "Debt" means bonds or other obligations for the payment of which the District has promised to impose an ad valorem property tax mill levy and/or pledged revenue received by the District through fees imposed for services, programs or facilities provided by the District. "County" means the County of Weld, Colorado. "County Code" means the Weld County Code, as the same may be amended from time to time. "District" means the Dry Creek Metropolitan District No. 1. "External Financial Advisor" means a consultant that: (1) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (2) shall be an underwriter, investment banker or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and (3) is not an officer or employee of the District. (00444897) 3 "Financial Plan" means the Financial Plan described in Section VI below which is prepared by an External Financial Advisor in accordance with the requirements of the County Code and describes: (a) how the Public Improvements are to be financed; (b) how the Debt is expected to be incurred; and (c) the estimated operating revenue derived from property taxes for the first budget year. "Inclusion Area Boundaries" means the boundaries of the area described in the Inclusion Area Boundary Map, if any. "Inclusion Area Boundary Map" means the map attached hereto as Exhibit C-2, describing the property proposed for inclusion within the District (if any) in the future. "Initial District Boundaries" means the boundaries of the area described in the Initial District Boundary Map. "Initial District Boundary Map" means the map attached hereto as Exhibit C-1, describing the District's initial boundaries. "Map Depicting Public Improvements" means the map or maps attached hereto as Exhibit E, showing the locations of the Public Improvements listed in the Primary Infrastructure Plan. "Maximum Debt Mill Levy" means the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Subsection VI.C below. "Maximum Debt Mill Levy Imposition Term" means the maximum term for imposition of a mill levy as set forth in Subsection VI.D below. "Primary Infrastructure Plan" means the Primary Infrastructure Plan described in Subsection V.B below, which includes: (a) a list of the Public Improvements to be developed by the District; and (b) an estimate of the cost of the Public Improvements "Project" means the development or property commonly referred to as Dry Creek. "Public Improvements" means a part or all of the improvements authorized to be planned. designed, acquired, constructed, installed, relocated, redeveloped and financed as generally described in the Special District Act, except as specifically limited in Section V below to serve the future taxpayers and inhabitants of the Service Area as determined by the Board of the District. "Service Area" means the property within the Initial District Boundary Map and the Inclusion Area Boundary Map. "Service Plan" means this service plan for the District approved by the BOCC. "Service Plan Amendment" means an amendment to the Service Plan approved by the BOCC in accordance with applicable state law. {00444897; 4 "Special District Act" means Sections 32-1-101 et seq., C.R.S., as amended from time to time. "State" means the State of Colorado. "Total Debt Issuance Limitation" means the total Debt the District is authorized to issue, as set forth in Paragraph V.A.7 below and supported by the Financial Plan. III. BOUNDARIES The area of the Initial District Boundaries includes approximately 79 acres, and the total area proposed to be included in the Inclusion Area Boundaries is approximately 451 acres. A legal description of the Initial District Boundaries is attached hereto as Exhibit A. A map of the Initial District Boundaries is attached hereto as Exhibit C-1, and a map and legal description of the Inclusion Area Boundaries is attached hereto as Exhibit C-2. A vicinity map is attached hereto as Exhibit B. It is anticipated that the District's Boundaries may change from time to time as it undergoes inclusions and exclusions pursuant to Sections 32-1-401 et seq., C.R.S., and Sections 32-1-501 et seq., C.R.S., subject to the limitations set forth in Article V below. The District may include and exclude property within the District's Service Area without further approval of the County. IV. PROPOSED LAND USE AND ASSESSED VALUATION The Service Area consists of approximately 530 acres of land. The current assessed valuation of the Service Area is assumed to be $120,150 (One Hundred Twenty Thousand One Hundred Fifty Dollars) for purposes of this Service Plan and, at build -out, is expected to be sufficient to reasonably discharge the Debt as demonstrated in the Financial Plan. Approval of this Service Plan by the County does not imply approval of the development of a specific area within the District, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings which may be identified in this Service Plan or any of the exhibits attached thereto, unless the same is contained within an Approved Development Plan. V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES A. Powers of the District and Service Plan Amendment. The District shall have the power and authority to provide, operate and maintain within and without the boundaries of the District, the Public Improvements set forth in the Service Plan, as such power and authority are described in the Special District Act and other applicable statutes, common law and the State Constitution, subject to the limitations set forth herein. If, after the Service Plan is approved, the State Legislature includes additional powers or grants new or broader powers for Title 32 districts by amendment of the Special District Act, no such powers shall be available to or exercised by the District unless the District publishes a forty -five- day notice and provides written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the {00444897} 5 District a written objection to the proposed exercise of such new or broader powers, then the exercise of the same by the District without the prior written consent of the BOCC shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. 1. Public Improvements. The District may plan for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements. The District shall dedicate the Public Improvements to the County or other appropriate jurisdiction or owners' association in a manner consistent with the Approved Development Plan, other rules and regulations of the County and applicable provisions of the County Code. 2. Operations and Maintenance. The District shall be authorized to operate, maintain, repair, and improve the Public Improvements. 3. Construction standards limitation. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the County and of other governmental entities having proper jurisdiction, as applicable. The District will obtain all applicable permits for construction and installation of Public Improvements prior to performing such work. 4. Privately placed debt limitation. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by the District for the [insert the designation of the Debt] does not exceed a reasonable current [tax-exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert the designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 5. Inclusion limitation. The District shall not include within its boundaries any property outside the Service Area without the prior written consent of the BOCC. Inclusions or exclusions not described in this Service Plan shall require a forty -five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R.S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed inclusion or exclusion, then the proposed inclusion or exclusion shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. 6. Initial debt limitation. Prior to the effective date of approval of an Approved Development Plan relating to development within all or a part of the Service Area, the District shall not: (a) issue any Debt; (b) impose a mill levy for the payment of Debt by direct {00444897} 6 imposition or by transfer of funds from the operating fund to the Debt service funds; or (c) impose and collect any fees used for the purpose of repayment of Debt. 7. Total debt issuance limitation. The District shall not issue Debt in excess of $30,000,000 (Thirty -million dollars). To the extent the District seeks to modify the Total Debt Issuance Limitation, it shall proceed in accordance with Subsection 2-14-20.I of the County Code as attached in Appendix 1, where the Total Debt Issuance Limitation is also referred to as the "Maximum Debt Authorization." 8. Consolidation limitation. The District shall not file a request with any court to consolidate with another Title 32 district without the prior written consent of the County. 9. Eminent domain limitation. The District shall not exercise its statutory power of eminent domain, except as may be necessary to construct, install, access, relocate or redevelop the Public Improvements identified in the Primary Infrastructure Plan. Any use of eminent domain shall be undertaken strictly in compliance with state law. Any proposed use of eminent domain for a purpose other than as may be necessary to complete the Public Improvements identified in the Primary Infrastructure Plan shall require a forty -five-day notice publication and written notice to the BOCC pursuant to Section 32-1-207(3)(b), C.R. S. If, within forty-five (45) days of the publication of such notice, the BOCC expresses to the District a written objection to the proposed use of eminent domain by the District, then the proposed use of eminent domain shall be considered a material modification of the Service Plan and shall be resolved in accordance with Section 32-1-207(2), C.R.S. 10. Service Plan amendment requirement. This Service Plan is general in nature and does not include specific detail in some instances because development plans have not been finalized. The Service Plan has been designed with sufficient flexibility to enable the District to provide required services and facilities under evolving circumstances without the need for numerous amendments. Modification of the general types of services and facilities making up the Public Improvements, and changes in proposed configurations, locations or dimensions of the Public Improvements, shall be permitted to accommodate development needs consistent with the then -current Approved Development Plans for the Project. The District is an independent unit of local government, separate and distinct from the County, and its activities are subject to review by the County only insofar as they may deviate in a material manner from the requirements of the Service Plan. Any action of the District which: (1) violates the limitations set forth in Paragraphs V.A.1-10 above; or (2) violates the limitations set forth in Subsections VI.B—H below, shall be deemed to be a material modification to this Service Plan, unless otherwise agreed by the County as provided for in Section X of this Service Plan. B. Primary Infrastructure Plan. The District shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance and financing of the Public Improvements within and without the boundaries of the District, to be more specifically defined in an Approved Development Plan. The Primary Infrastructure Plan, including: (1) a list of the Public Improvements to be developed by the District; and (2) an estimate of the cost of the Public Improvements is attached hereto as Exhibit D. The Map Depicting Public Improvements {00444897) 7 attached hereto as Exhibit E shall comply with Subsection 2-14-20.L of the County Code as attached in Appendix 1, except it may be reduced as necessary to permit filing of the approved Service Plan with the District Court for and in Weld County, Colorado. As shown in the Primary Infrastructure Plan, the estimated cost of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed by the District is approximately $27,845,000. The District shall be permitted to allocate costs between such categories of the Public Improvements in its discretion. All of the Public Improvements described herein will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the County and shall be in accordance with the requirements of the Approved Development Plan. All descriptions of the Public Improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, the County's requirements and construction scheduling may require. Upon approval of this Service Plan, the District will continue to develop and refine the Primary Infrastructure Plan and the Map Depicting Public Improvements, as necessary, and prepare for issuance of Debt. All cost estimates will be inflated to then -current dollars at the time of the issuance of Debt and construction. All construction cost estimates contained in Exhibit D assume construction to applicable local, state or federal requirements. VI. FINANCIAL PLAN A. General. The District shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from its revenues and by and through the proceeds of Debt to be issued by the District. The Financial Plan for the District shall be to issue such Debt as the District can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the District shall be permitted to issue shall not exceed the Total Debt Issuance Limitation and shall be permitted to be issued on a schedule and in such year or years as the District determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. All Bonds and other Debt issued by the District may be payable from any and all legally available revenues of the District, including general ad valorem taxes to be imposed upon all taxable property within the District. The District will also rely upon various other revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties or charges as provided in Section 32-1- 1001(1), C.R.S. The Total Debt Issuance Limitation is supported by the Financial Plan prepared by D.A. Davidson attached hereto as Exhibit F and the Engineers Opinion of Probable Construction Costs shown in Exhibit D. The Financial Plan attached to this Service Plan satisfies the requirements of Subsection 2-14-20.I of the County Code as attached in Appendix 1. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. ;00444897} 8 The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. In the event of a default, the proposed maximum interest rate on any Debt is not expected to exceed fifteen percent (15%). The proposed maximum underwriting discount will be five percent (5%). Debt, when issued, will comply with all relevant requirements of this Service Plan, state law and federal law as then applicable to the issuance of public securities. C. Maximum Debt Mill Levy. The Maximum Debt Mill Levy shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt, and shall be fifty (50) mills; provided that if, on or after January 1, 2006, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2006, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. All Debt issued by the District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S., and all other requirements of state law. D. Maximum Debt Mill Levy Imposition Term. The District shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any property which exceeds forty (40) years after the year of the initial imposition of such mill levy to such property unless a majority of the Board are residents of the District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101 et seq., C.R.S. The District shall be limited to issuing new Debt within a period of fifteen (15) years from the date of the District's first debt authorization election. The District may issue Debt after the fifteen -year period in order to provide the services outlined in this Service Plan if development phasing is of a duration that makes it impracticable to issue all debt within the fifteen -year period. E. Debt Repayment Sources. The District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service. The District may also rely upon various other revenue sources authorized by law. At the District's discretion, these may include the power to assess fees, rates, tolls, penalties or charges as provided in the Special District Act. In no event shall the debt service mill levy in the District exceed the Maximum Debt Mill Levy. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds or other funds available from or through governmental or nonprofit entities for which the County is eligible to apply, except pursuant to an intergovernmental agreement with the County. (00444897} 9 F. Security for Debt. The District shall not pledge any revenue or property of the County as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the County of payment of any of the District's obligations; nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the County in the event of default by the District in the payment of any such obligation. G. TABOR Compliance. The District will comply with the provisions of TABOR. In the discretion of the Board, the District may set up other qualifying entities to manage, fund, construct and operate facilities, services and programs. To the extent allowed by law, any entity created by the District will remain under the control of the District's Board. H. District's Operating Costs. The estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the District's organization and initial operations, are anticipated to be $200,000 which will be eligible for reimbursement from Debt proceeds. In addition to the capital costs of the Public Improvements, the District will require operating funds for administration and to plan and cause the Public Improvements to be operated and maintained. The first year's operating budget is estimated to be $50,000 which is anticipated to be derived from property taxes and other revenues. The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the District's mill levy necessary for the provision of operation and maintenance functions to its taxpayers and service users. The Aggregate Mill Levy Cap shall be the maximum mill levy the District is permitted to impose upon the taxable property within the District for payment of Debt and operations and maintenance functions, and shall be sixty-five (65) mills; provided that if, on or after January 1, 2006, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the Aggregate Mill Levy Cap may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2006, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation to assessed valuation shall be deemed to be a change in the method of calculating assessed valuation. I. Elections. Elections of the District, including its organizational election, will be conducted as provided in the Uniform Election Code of 1992, the Colorado Local Government Election Code, the Special District Act, and TABOR, and any other laws related to special district elections. (00444897} 10 At least thirty (30) days prior to the District's organizational election, the proposed ballot questions shall be submitted to the County for review to ensure that said ballot questions are in compliance with this Service Plan. VII. ANNUAL REPORT A. General. The District shall be responsible for submitting an annual report with the County Clerk not later than March 1 of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County, Colorado. B. Reporting of Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made or proposed to the District's boundary as of December 31 of the prior year. 2. Intergovernmental Agreements with other governmental entities, either entered into or proposed as of December 31 of the prior year. 3. Copies of the District's rules and regulations, if any, as of December 31 of the prior year. 4. A summary of any litigation which involves the District's Public Improvements as of December 31 of the prior year. 5. Status of the District's construction of the Public Improvements as of December 31 of the prior year. 6. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the County as of December 31 of the prior year. 7. The estimated assessed valuation of the District for the current year. 8. Current year budget including a description of the Public Improvements to be constructed in such year. 9. Audit of the District's financial statement, for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles or audit exemption, if applicable. VIII. DISSOLUTION Upon a determination of the BOCC that the purposes for which the District was created have been accomplished, the District agrees to file a petition in the District Court in and for Weld County, Colorado, for dissolution, in accordance with the provisions of the Special District Act. In no event shall dissolution occur until the District has provided for the payment or discharge of {00444897} 1 1 all of its outstanding Debt and other financial obligations as required pursuant to state statutes. If the District is responsible for ongoing operations and maintenance functions under this Service Plan (Long -Term District Obligations), the District shall not be obligated to dissolve upon any such BOCC determination. However, should the Long -Term District Obligations be undertaken by the County or other governmental entity, or should the District no longer be obligated to perform the Long -Term District Obligations, the District agrees to commence dissolution proceedings as set forth above. IX. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS AND EXTRATERRITORIAL SERVICE AGREEMENTS All such agreements must be for facilities, services and agreements lawfully authorized to be provided by the District, pursuant to the State Constitution, Article XIV, Section 18(2)(a), and Sections 29-1-201 et seq., C.R.S. To the extent practicable, the District may enter into additional intergovernmental and private agreements to better ensure long-term provision of the Public Improvements identified herein. Agreements may also be executed with property owner associations and other service providers. Any agreements which are required, or known at the time of formation of the District to likely be required, to fulfill the purposes of the District, are identified in Exhibit G. X. MATERIAL MODIFICATIONS Material modifications to this Service Plan may be made only in accordance with Section 32-1- 207, C.R.S. No modification shall be required for an action of the District which does not materially depart from the provisions of this Service Plan. The District may request from the County a determination as to whether the County believes any particular action constitutes a material departure from the Service Plan, and the District may rely on the County's written determination with respect thereto; provided that the District acknowledges that the County's determination will be binding only upon the County, and will not be binding upon any other party entitled to enforce the provisions of the Service Plan as provided in Section 32-1-207, C.R.S. XI. CONCLUSION It is submitted that this Service Plan for the District, as required by Section 32-1-203(2), C.R.S., and Section 32-1-203(3), C.R.S., establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the District; 2. The existing service in the area to be served by the District is inadequate for present and projected needs; 3. The District is capable of providing economical and sufficient service to the area within its proposed boundaries; {00444897) 12 4. The area to be included in the District does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; 5. Adequate service is not, and will not be, available to the area through the County or other existing municipal or quasi -municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; 6. The facility and service standards of the District are compatible with the facility and service standards of the County and each municipality which is an interested party under Section 32-1-204(1), C.R.S.; 7. The proposal is in substantial compliance the County's Master Plan adopted pursuant to Section 30-28-106, C.R.S.; 8. The proposal is in compliance with any duly adopted County, regional or state long-range water quality management plan for the area; 9. The creation of the District is in the best interests of the area proposed to be served; and 10. The creation of the District is in the best interests of the residents and future residents of the area proposed to be served. XII. RESOLUTION OF APPROVAL The District agrees to incorporate the BOCC's resolution of approval, including any conditions on any such approval, into the Service Plan presented to the District Court for and in Weld County, Colorado. {00444897; 13 APPENDIX 1- PORTIONS OF WELD COUNTY CODE (2017) REFERRED TO IN THE SERVICE PLAN 2-14-20.I The Service Plan shall include financial projections prepared by an investment banking firm or financial advisor qualified to make such projections. Said firm shall be listed in the Bond Buyers Marketplace as a provider of financial projections. The financial projections shall include calculations establishing the District's projected maximum debt capacity based on assumptions of (i) the projected interest rate on the debt to be issued by the District; (ii) the projected assessed valuation of the property within the District; and (iii) the projected rate of absorption of the assessed valuation within the District. These calculations must use market -based, market -comparable valuation and absorption data and shall not use an annual inflation rate greater than three percent (3%). The Maximum Debt Authorization in the Service Plan shall not be increased unless one (1) or a combination of the factors described in (i), (ii) or (iii) above change or the rate of inflation is demonstrated to be in excess of three percent (3%), leading to increased debt capacity for the District as determined by an investment banking firm or financial advisor as described above, in which case the Maximum Debt Authorization may increase up to one hundred fifty percent (150%) of the original projected maximum debt capacity. The Service Plan shall provide that any increase in the Maximum Debt Authorization by the District above the limits described above shall require forty -five-day notice publication and written notice to the County pursuant to Section 32-1-207(3)(b), C.R.S., along with a report from the financial advisor described above, documenting the basis for the increase in the Maximum Debt Authorization. If, within forty-five (45) days of the publication of such notice, the County expresses to the District a written objection to the proposed action, then the proposed action shall be considered a material modification of the Service Plan and shall be resolved only in accordance with Section 31-1-207(2), C.R.S. The vote by the Board of Directors to increase the Maximum Debt Authorization above the limits described above which precedes the notice to the County must occur at a public meeting of the District for which the District has sent written notification via U.S. mail at least fourteen (14) days and not more than thirty (30) days in advance of such a meeting to all electors, residents and landowners ("District Meeting"). Such notification must include the time, date and location of the meeting, as well as a general description of the modification to be discussed. 2-14-20.L Every Service Plan shall include, in addition to all materials, plans and reports required by the Act, a Primary Infrastructure Plan ("PIP") as defined in the Model Service Plan. This PIP shall include, at a minimum, a map or maps (24" x 36") providing an illustration of public improvements proposed to be built, acquired or financed by the District, along with a written narrative and description of those items and a general description of the District's proposed role with regard to the same. (00444897) Esther Gesick From: Sent: To: Cc: Subject: Attachments: Bob Choate Wednesday, January 29, 2020 11:27 AM Commissioners Angela Snyder; Esther Gesick FL - Todd Creek IGA IGA between Fort Lupton and TCVMD re Sewer Service (00440577xC440A).pdf EXHIBIT 1 E 1Tlq recta IGA between Fort Lupton and Todd Creek Metro District, attached. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 UAM-2006-018 INTERGOVERNMENTAL AGREEMENT BY AM) BETWEEN THE CITY OF FORT LUPTON AND TODD CREEK FARMS METROPOLITAN DISTRICT NO. 1 The Parties to this Intergovernmental Agreement ("IGA") are the CITY OF FORT LUPTON, a municipal corporation and political subdivision of the State of Colorado, including its Utility Enterprise (together with its successors and assigns, "Fort Lupton or City"), and TODD CREEK FARMS METROPOLITAN DISTRICT NO. 1, a quasi -municipal corporation and political subdivision of the State of Colorado (together with its successors and assigns, the "District"). Individually, Fort Lupton and the District are referred to herein as a "Party" and collectively the "Parties." RECITALSAND PURPOSE A. WHEREAS, Colorado Revised Statute §§ 29-1-203 and 29-20-105 authorize and enable governments of the State of Colorado (the "State") to enter into cooperative agreements or contracts, regarding public infrastructure matters, including funding the design and construction of public infrastructure such as sanitary sewer collection systems, conveyance and treatment facilities that may be necessary or desirable to support development, together with mutually binding and enforceable comprehensive development plans regarding planning, zoning, subdivision, building, and related regulations within areas under their mutual jurisdiction; B. TCVN, LLC, a Colorado limited liability company ("TCVN") together with others own and/or are the contract purchasers of certain real property situated in the unincorporated territory of Weld County, Colorado (the "County"), and generally located within an approximately 5,000 acre area bounded on the South by Weld County Road 2, on the North by Weld County Road 6, on the East by the Platte River, and on the West by Weld County Road 15 (Holly Avenue) as depicted in Exhibit A (the "Growth Area"); C. TCVN and the other landowners in the Growth Area will require certain land use and development approvals, and will require certain infrastructure and services including potable water, irrigation water, sanitary sewer, streets and other municipal services to develop the Growth Area; D. TCVN anticipates that the Growth Area will be conceptually planned as a mixed - use community consisting of approximately 14,000 residential dwelling units and approximately 1,000,000 square feet of retail and commercial development ("Todd Creek Village North"); E. Fort Lupton is located in the County, and has both unused sewer treatment capacity and the legal and technical ability to seek expansion to its existing treatment facilities to provide additional treatment capacity that could be used to provide extra -territorial sewer treatment services to the Growth Area; F. The District does not have the facilities to provide sewer treatment services within the Growth Area, but supports regional sewer treatment services in the Growth Area being provided by Fort Lupton; G. The Parties have determined that it is in their mutual interest to cooperate in the funding, design and construction of certain backbone sanitary sewer collection and conveyance facilities (the District Main) to connect to Fort Lupton's existing treatment facilities. The District Main is conceptually depicted and described in Exhibit B. The Parties also have agreed to provide for the funding of current operations and future expansions ("Treatment Expansion") and operations of Fort Lupton's Existing Treatment Facilities in order to support development within Fort Lupton and the Growth Area consistent with the Parties' assumptions for growth within those areas; H. The District Main will consist of a properly engineered and sized main sewer line, together with any necessary lift station(s) and associated force main(s), as necessary to service the sewer collection system to be developed within the Growth Area; I. The District will incur substantial debt and will undertake substantial obligations with respect to funding the design and construction of the District Main and the Treatment Expansion to serve the Growth Area; J. The District's ability to fund and to perform its obligations hereunder is substantially dependant on achieving and sustaining certain sources of revenue for the District from within the Growth Area through, among other means, development of property within the Growth Area consistent with the conceptual development plan for Todd Creek Village North; and K. In exchange for the public benefits associated with the orderly and well -planned development of the Growth Area, the Parties desire to enter into this IGA to establish a basis for financing the design and construction of the District Main, the Treatment Expansion and related public infrastructure; and to allow for the creation of additional Article 1, Title 32 metropolitan districts (each a "Related Districts") within the Growth Area to participate through intergovernmental agreements with the District in the financing and construction of public improvements necessary to support development within the Growth Area, such that fees generated from such growth will be sufficient to finance the District Main and the District's share of the Treatment Expansion as contemplated by this IGA. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this IGA and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. TERM, DEFINITIONS & ENTERPRETATION A. Term This IGA will expire on the fortieth (40`h) anniversary of its effective date, unless extended by the Parties as evidenced by a written agreement executed by all Parties. Notwithstanding anything to the contrary contained in this IGA, Fort Lupton's and the District's obligation to maintain sewer collection and treatment facilities to the Growth Area is perpetual. 2 Furthermore, none of the rights or obligations set forth in this IGA will be effective, unless and until the District enters into an intergovernmental agreement with the County, and the owners of property within the Growth Area secure vested development rights from the County, which 1,4sur.ca TviiiitereeloVilltigettiOttlrwill be developed in substantial confonnity.withl a density. set forth herein, 'such that construction of the Treatment Expansion :and:I?istrict Main can_ be supported. •- Finally, 'Fort Lupton agrees with the execution of the IGA to request modification of their existing 208 Plan with the State to include Todd Creek Village North in their service area. Modification of the 208 Plan is a requirement of the County to facilitate the approval of land use and development plans for Todd Creek Village North. B. Definitions 1. District Bonds means tax exempt bonds marketed by the District to finance the design and construction of the District Main and the District's share of the Treatment Expansion. 2. District Main means a properly engineered and sized gravity interceptor main sewer line, together with any necessary lift: station(s) and associated force main(s), as necessary to service the sewer collection system to be developed within the Growth Area as conceptually depicted and described in Exhibit B. 3. District Sewer Fees means fees collected by the District comprised of two components: tap fees and sewer treatment fees. The tap fees will contain three component parts as follows: a. Sewer Treatment Development Fee: A fee paid to Fort Lupton to connect District customers to the Existing Treatment Plant and to fund into the Expansion Fund the District's share of the Treatment Expansion, b. Sewer Collection Development Fee: A fee paid to the District to fund the District's infrastructure, and c. Debt Service Fee: A fee paid to the District to fund debt service payments on the District Bonds, as defined in 1. above. The sewer treatment fees are fees paid by the customers of the District for providing sewer treatment for the growth area. Existing Treatment Plant means the Fort Lupton sewer treatment facility as it exists on the effective date of this IGA. 4. Fort Lupton Sewer Fees means fees collected by Fort Lupton comprised of two components: tap fees and sewer usage fees. The tap fees will contain two component parts as follows: (1) Sewer Collection Plant Investment Fee - A fee paid to Fort Lupton to fund Fort Lupton's infrastructure, including its share of the Treatment Expansion, and (2) Debt Service Fee - A fee paid to Fort Lupton to fund debt service payments on Fort Lupton Bonds. 5. Growth Area means an approximately 5,000 acre area generally located and bounded on the South by Weld County Road 2, on the North by Weld County 3 Road 6, on the East by the Platte River, and on the West by Weld County Road 15 (Holly Avenue) as depicted in Exhibit A; which shall not be changed without the consent of the City. 6. Phasing Plan means the timeline for implementing the Treatment Expansion as set forth in Exhibit C, to be updated on a semi-annual basis to incorporate additional tasks, revise timelines and add ' additional details as they become available, subject to the approval of both Parties. 7. Related Districts means additional Article 1, Title 32, C.R.S. metropolitan districts within the Growth Area, which, together with the District through intergovernmental agreements, will finance and construct the public improvements necessary to support development within the Growth Area. 8. Sewer Usage Fees means the monthly fee paid by users for the treatment, disinfection and proper discharge of wastewater flows from the Fort Lupton's Existing Treatment Facilities and Treatment Expansion. Extra -territorial rates will be based on a combination of volume and solids loading and subject to annual review and change by the City of Fort Lupton. Absent extenuating circumstances, fees may not exceed 200% of the rates charged City residents for similar services. (See Exhibit E for rate calculation details.) 9. Todd Creek Village North means a mixed -use community in the Growth Area consisting of approximately 14,000 residential dwelling units and approximately 1,000,000 square feet of retail and commercial development. 10. Treatment Expansion means any future expansion(s) of Fort Lupton's Existing Treatment Facilities and their operations to support development within Fort Lupton and the District Growth Area consistent with the development assumptions for Todd Creek Village North and Fort Lupton's urban growth projections. Expansions may be joint ventures of the City and the District or separate events by either the City or the District as necessary to support growth in the respective areas. 11. Treatment Plant means the Fort Lupton sewage treatment plant as it may be expanded in the future by the Treatment Expansion or otherwise. C. Interpretation. 1. Successors. Whenever herein Fort Lupton or the District is named or referred to, such provision is deemed to include the successors of Fort Lupton or the District, respectively, whether expressed or not. All of the covenants, stipulations, obligations, agreements and other provisions, by or on behalf of or for the benefit of Fort Lupton or the District bind and inure to the benefit of each Party's successors and bind and inure to the benefit of any officer, board, district, commission, authority, agent, or instrumentality to whom or to which they are transferred by or in accordance with any law, right, power, or duty of Fort Lupton or the District, respectively. 4 2. Parties Interested Herein. Nothing herein expressed or implied is intended or shall be construed to confer upon or to give any person or corporation, other than Fort Lupton or the District, any right, remedy, or claim under or by reason hereof or any covenant, condition, or stipulation hereof All the covenants, stipulations, promises, and agreements herein contained by and on behalf of Fort Lupton and the District are for the sole and exclusive benefit of Fort Lupton, the District, and any such tnistee, and any holder of any such note, bonds, other securities, and the coupons thereunto appertaining, if any. IL DESIGN AND FINANCING A. The District Main. 1. Design. The District will, with all practicable speed, prepare and complete construction plans for the District.Main. Before undertaking construction of any substantial part of the District Main, the District will submit the construction plans and specifications first to Fort Lupton for review and approval, at District expense, and then to any other entities with competent jurisdiction for approval concerning the sufficiency of design and compliance with applicable standards. The District will obtain any required permits or other approvals for such construction. Fort Lupton will fully cooperate with the District in processing the construction plans and obtaining the approvals and permits required for construction. Once the construction plans are approved, the District will, with all practicable speed, complete the District Main and put the same into operation. 2. Financing. The District will market the District Bonds and utilize a portion of the proceeds thereof to initially finance the design and construction of the District Main, including the acquisition of any required right-of-way by eminent domain or otherwise. The District will impose and collect the District Sewer Fees from all development within the Growth Area that utilizes the District Main, the rates of which will be established by the District in its sole discretion, but which will at a minimum be sufficient in the aggregate to enable the District to satisfy its obligations under this IGA. Additionally, Fort Lupton will impose and collect Fort Lupton Sewer Fees from all development within its municipal boundaries or receiving extra -territorial service from Fort Lupton, which benefit from the District Main, the rates of which will be established by Fort Lupton in its sole discretion, but which will at a minimum be sufficient in the aggregate to enable Fort Lupton to satisfy its obligations under the IGA. In addition, the District will provide, at its expense, a payment bond sufficient to insure that any obligation of Fort Lupton to repay expansion loans can be met by bond coverage, in addition to the fees generated by connection and usage. 3. Operation. The District will operate and maintain the District Main, receiving and transporting to the Treatment Plant all sewage that may be generated in the Growth Area. The District Main will remain the sole and separate property of the District, with the obligation to operate and maintain the entire length and component parts thereof The District assumes all liability for any claims of third 5 parties related thereto, and will indemnify and hold Fort Lupton harmless therefrom. Nothing herein waives, or affects the legal status or protection of governmental immunity for either the District or Fort Lupton. B. The Treatment Expansion. 1. Design. Fort Lupton will, in coordination with the District, prepare complete plans for the Treatment Expansion in compliance with the Phasing Plan. Before undertaking construction of any substantial part of the Treatment Expansion, Fort Lupton will submit the construction plans and specifications first to the District for review, and then to the State Board of Health of Colorado for approval concerning the design and compliance with the standards for sewage treatment plants, and will attempt to obtain a permit or other approval from the State Board of Health to proceed with construction. If the construction plans are approved, Fort Lupton will, with all practical speed, complete the Treatment Expansion in compliance with the Phasing Plan and put the same into operation. The District further agrees that if the City is required by State statute to start the planning process for a Treatment Expansion and subsequent construction, that the District will fully participate in the design and construction even though the timing may be premature to the District's wastewater treatment needs. 2. Financing. The District will pledge and deposit a portion of the District Sewer Fees into the Expansion Fund to finance its pro rata Share of the design and construction of the Treatment Expansion. Fort Lupton will pledge and deposit a portion of the Fort Lupton Sewer Fees into the Expansion Fund to finance its pro rata share of the design and construction of the Treatment Expansion. Fort Lupton will have management responsibility for the Expansion Fund. Fort Lupton's and the District's pro rata share of the design and construction costs of the Treatment Expansion will be determined by that portion of the Treatment Expansion required to serve Fort Lupton's and the Growth Area's residents, respectively. To fund initial start-up costs for the IGA and designs for the planned Treatment Expansion, the District will pay Fort Lupton $200,000 with the execution of the IGA by both Parties. Any costs incurred in excess of this amount will be reimbursed from the Expansion Fund when sufficient deposits are collected. 3. Capital Expenditures. In addition to costs associated with Treatment Expansion, capital expenditures for the Treatment Plant will be shared pro -rata by the District and Fort Lupton for any expenditure that extends the useful life of the Treatment Plant or is a State mandated change or improvement. 4. Operation. Fort Lupton will operate and maintain the Treatment Plant and will receive, treat, and dispose of all sewage delivered to the Treatment Plant from the Growth Area. 6 C. Extensions and Alterations. Fort Lupton and the District may at any time enlarge or modify the Treatment Plant and the District Main, respectively, or renew or replace any part thereof and may construct or otherwise acquire any extension or alteration, as may be feasible and permitted by law, so long as such enlargement, alteration, or replacement does not otherwise prevent either Fort Lupton or the District from meeting its obligations as set forth in this IGA. At least thirty (30) days prior to commencing any design or construction activities for the enlargement or modification to the Treatment Plant or District Main, the Party undertaking the enlargement or modification shall notify the other Party in writing indicating the nature of such enlargement or modification and the proposed schedule for commencing such activities. D. Performing Duties. Fort Lupton and the District will faithfully and punctually perform their duties as set forth herein and as otherwise required by the laws of the State and the resolutions and ordinances of Fort Lupton and the District, including but not limited to the making and collecting of reasonable and sufficient rates and charges for services rendered or furnished, and the proper segregation of the revenues and their application to the respective funds provided for in this IGA. E. Further Assurances. At all times Fort Lupton and the District will each, so far as it may be authorized by law (including without limitation executing the power of eminent domain), pass, make, do, execute, acknowledge, and deliver any and every such further resolution or ordinance, approval, acts, deeds, conveyances, assignments, transfers, and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning;and'confirming all rights,wevenues and other obligations setforth herein, or which Fort Lupton or the District may heretofore or hereafter become bound to pledge or to assign, or as may be reasonable and required to carry out the purposes stated herein. Fort Lupton will fulfill the obligations contracted herein by reasonable and appropriate governmental action. Fort Lupton will at all times, to the extent permitted by law, defend, preserve, and protect the pledge of revenues derived from the Fort Lupton Sewer Fees and any other funds pledged to service the Expansion Fund and all the rights of every holder of any note, bond, and any other security of the City against all claims and demands of all persons whomsoever. The District will at all times, to the extent permitted by law, defend, preserve, and protect the pledge of revenues derived from the District Sewer Fees and any other funds pledged to service the District Bonds and fund the Expansion Fund and all the rights of every holder of any note, bond, and any other security of the District against all claims and demands of all persons whomsoever. F. Operation and Maintenance. Fort Lupton and the District will at all times operate the Treatment Plant and the District Main, respectively, properly and in a sound and economical manner and will maintain, preserve, and keep the same proper or cause the same to be so maintained, preserved, and kept, with the appurtenances and every part and parcel in good repair, order, and condition, and will from time to time make or cause to be made all necessary and proper repairs, replacements, and renewals so that at all times the operation of the Treatment Plant and the District Main may be properly and advantageously conducted. The Treatment Plant and Treatment Expansions will remain the sole and separate property of Fort Lupton with the obligation to operate and maintain them. Fort Lupton assumes all liability for any claims of third parties related thereto. The 7 District Main will remain the sole and separate property of the District with the obligation to operate and maintain it. The District assumes all liability for any claims of third parties related thereto. Nothing herein waives, or affects the legal status or protection of governmental immunity for either the District or Fort Lupton. G. Rules, Regulations, and Other Details. The District and Fort Lupton will establish and enforce reasonable rules and regulations governing the operation, use, and services of the District Main and the Treatment Plant, respectively. Fort Lupton and the District will observe and comply with all valid acts, rules, regulations, orders, and directions of any legislative, executive, administrative, or judicial body applicable to Fort Lupton or the District. H. Payment of Lawful Governmental Charges. The District and Fort Lupton will pay all taxes and assessments or other municipal or governmental charges, if any, lawfully levied or assessed upon or in respect to the District Main or the Treatment Plant, respectively, upon any part thereof or upon any revenue therefrom, when it becomes due, and will duly observe and comply with all valid requirements of any municipal or governmental authority relative to any part of the District Main and the Treatment Plant and will not create or suffer to be created any lien or charge upon the District Main or Treatment Plant, respectively, or any part thereof or upon the revenues therefrom, except the pledge created by any resolution for the payment of the principal and redemption price of and the interest on the District Bonds and funding the Expansion Fund, or as otherwise set forth herein. With regard to the Treatment Plant for Fort Lupton and the District Main for the District, Fort Lupton and the District will pay or cause to be discharged or will make adequate provision to satisfy and to discharge, within sixty (60) days after the same shall become payable, all lawful claims and demands for labor, materials, supplies, or other object which if unpaid might by law become a lien upon the Treatment Plant and the District Main or any part thereof or the revenues therefrom; provided, however, that nothing in this Section shall require payment or discharge so long as the validity thereof is contested in good faith and by appropriate legal proceedings. Insurance and Reconstruction. Fort Lupton and the District will at all times maintain with responsible insurers all such insurance reasonably required and obtainable within limits and at costs deemed reasonable by Fort Lupton and the District as is customarily maintained with respect to waste water treatment systems of like character against loss of or damage to the Treatment Plant and District Main, respectively, against loss of revenues, and against public and other liability to the extent at least reasonably necessary to protect the interests of Fort Lupton and the District, and each holder of any bond or other security of Fort Lupton or the District Liability coverage for Fort Lupton with CIRSA shall be included in the definition of insurers and insurance. Any liability incurred by Fort Lupton as a result of the operation of the Treatment Plant shall be its sole liability, and any liability incurred by the District as a result of the operation of the District Main shall be its sole liability with the District liable for input into the District Main and Treatment Plant, subject to any agreement to the contrary now existing or hereafter made. S J. Alienating System. No part of the District Main or the District's portion of a Treatment Expansion shall be sold, leased, mortgaged, pledged, encumbered, or otherwise disposed of or otherwise alienated, until all the District Bonds have been paid in full, both principal and interest, or unless provision has been made therefor, or until the District Bonds or other securities have otherwise been redeemed, including but not necessarily limited to the termination of the pledge herein authorized. K. Records, Accounts, and Audits. Fort Lupton and the District shall keep proper books of record and account (separate from all other records and accounts), in which complete and correct entries shall be made of its transactions relating to the Treatment Plant and the District Main, respectively, or any part thereof and which, together with all other books and papers of Fort Lupton and the District, shall at all reasonable times be subject to inspection. Fort Lupton and thc District will cause its books and accounts to be audited annually by an independent accountant. Each such audit, in addition to the matters hereinabove designated and to whatever matters may be thought proper by the independent accountant to be included therein, shall include, but not be limited to, the following: 1. Income and Expenditures. A statement in detail of the income and expenditures related to the Treatment Plant or District Main for the Fiscal Year, including but not necessarily limited to a classified statement of gross revenue received, of the net revenues, and also of the amount of any capital expenditures appertaining to the Treatment Plant or District Main for the Fiscal Year, and a statement of the profit or loss for the Fiscal Year. 2. Balance Sheet. A balance sheet as of the end of the Fiscal Year, including the amount on hand, both cash and investments, in each of the accounts created by the various resolutions of Fort Lupton and the District and in other proceedings authorizing the issuance of outstanding bonds and other obligations payable from the revenues from the Fort Lupton Sewer Fees or the District Sewer Fees. 3. Independent Accountant's Comment. The independent accountant's comment regarding Fort Lupton's or the District's methods of operation and accounting practices and the manner in which Fort Lupton or the District has carried out the requirements of each resolution and any other proceedings authorizing the issuance of outstanding bonds or other obligations. 4. Listing Insurance. A list of the insurance policies in force at the end of the Fiscal Year, setting out as to each policy the amount of the policy, the risks covered, the name of the insurer, and the expiration date of the policy. 5. Recapitulation of Funds and Accounts. A recapitulation of each fund or account created by the various resolutions and by the other proceedings authorizing the issuance of outstanding bonds and other obligations payable from the revenues from the Fort Lupton Sewer Fees or the District Sewer Fees, into each of which accounts arc put moneys derived from the operation of the Treatment Plant or District Main or derived from the sale of the securities, such 9 analysis to show the balance in such account at the beginning of the Fiscal Year, the deposits and withdrawals during said Fiscal Year, and the balance at the end of said Fiscal Year. ITI. CONNECTION A. Connection to Treatment Plant. Connection to the Treatment Plant shall be made only at the connection point set forth on Exhibit B, or as approved by Fort Lupton. The District Main's connection to the Treatment Plant shall he metered at one location. Flows will be monitored and measured for volume, strength for BOD, Nitrogen, PO4, TDS and solids loading, both average and peak flows and loads, by the City of Fort Lupton at the point where the District Main enters the Treatment Plant. The measurements taken at this point are the ones to be utilized in the calculation of Sewer Usage Fees. B. Connection to District Maim Connection to the District Main will be at points specified by the District in its sole discretion. Fort Lupton and the District will require as a condition to issuing a building permit from within the Growth Area or within an area receiving extra -territorial service from Fort Lupton and which utilizes the District Main or the Treatment Expansion, either that it connect to the District Main or the Treatment Plant and pay the applicable District Sewer Fees and/or Fort Lupton Sewer Fees. The District will make provisions for measuring the quantity of discharged waste being delivered to the Treatment Plant, as well as the quality of the discharge. All monitoring costs will be the District's responsibility. The District Main shall receive no storm water directly or indirectly from surface drains, ditches or streams, storm or combined sewers, roofs, areaways, or foundation drains, or from any other means, except the minimum practicable infiltration of groundwater as specified in Exhibit D. C. Service Rendered by Fort Lupton and the District. The District will intercept, receive and transport sewage in the District Main from the Growth Area to the Treatment Plant. Fort Lupton will treat sewage in the Treatment Plant and discharge treated water therefrom. The District will maintain ownership of its effluent discharged from the Treatment Plant. The District will provide a monthly summary of water sources of sewage received for treatment and cover any cost of water accounting. Fort Lupton and the District will retain full power and authority to provide sewer service to the inhabitants of the Growth Area, including the acquisition, improvement, operation, and maintenance of facilities for the collection and treatment of sewage generated from the Growth Area. D. Construction of Other Sewage Disposal Systems Prohibited. Fort Lupton and the District will exclusively operate the sewage disposal system for treatment and disposal of sewerage derived from the Growth Area. No sewage disposal system or other facilities for the collection, treatment, or disposal for sewage generated from the Growth Area will be constructed to serve the Growth Area, unless Fort Lupton and the District both consent in writing thereto and approve the plans and specifications therefor. 10 IV. DELETERIOUS WASTE A. Compliance with Requirements. The District will cause all sewage at any time discharged directly or indirectly into the District Main and thereby into the Treatment Plant to comply with all requirements and standards placed on the District and Ft Lupton as specified or permitted by law. In all cases where the application or the enforcement of said requirements involve technical or scientific analyses or determinations; Fort Lupton shall have final authority as to the methods, standards, criteria, significance, evaluation, and interpretation of such analyses and determinations. The District will permit no new or existing connections, which allow the entrance or discharge of sewage into the District Main or the. Treatment Plant that does not comply with said requirements of the District or Fort Lupton. Fort Lupton will have the right to inspect arid monitor the District Main and collect confirmatory samples for compliance with its regulations. B. Modification of Deleterious Wastes Requirements. The District and Fort Lupton may from time to time make any amendments to their requirements concerning deleterious wastes, which may be reasonably necessary to prohibit or to regulate properly the delivery or the discharge into the District Main or Treatment Plant of any substances which alone or in combination with other substances delivered and discharged are or may be or may reasonably be expected to be substantially injurious or deleterious to the District Main or the Treatment Plant or to its efficient operation. C. Determination of Quantity, Quality, and Characteristics of Sewage. The District will use meters for determining the quantity and will make tests and will use other means for determining the quality and other characteristics of all sewage which shall be delivered and discharged into the District Main and therefore into the Treatment Plant in accordance with sound engineering practices and environmental standards. A copy of each such determination made by the District with respect to each Fiscal Year will be mailed to Fort Lupton. From and after the placing of the District Main into operation, the District will make and will keep permanent records of the quantity, quality, and other characteristics of sewage delivered and discharged into the District Main. See Exhibit D. D. Storm Waters. The District will not make or permit any connection to the District Math, which is designed to pc -unit entrance directly or indirectly into the Treatment Plant of storm water drainage from ground surface, roof leaders, catch basins, or any other source. E. Prohibited Sewage and Wastes. 1. General Discharge Prohibitions. None of the sewage, water, substances, materials or wastes described in Exhibit D shall be discharged into the District Main. 2. Specific Discharge Limitations. The District will establish in its Rules and Regulations, and may from time to time amend, specific limitations governing the discharge of pollutants into the District Main, provided such amendment is approved in writing by Fort Lupton prior to its taking effect. 3. Industrial Commercial Users. 11 The District will control, though permit, contract or similar means, industrial waste discharges from each significant industrial user within the Growth Area as described in Exhibit D. F. Remedies. 1. Emergency Remedies. Where a discharge into the District Main reasonably appears to present an imminent endangerment to the health or welfare of persons, or presents or may present an endangerment to the environment, or threatens to interfere with the operation of the Treatment Plant, the District in concert with Fort Lupton shall immediately initiate investigative procedures to identify the source of the discharge, and take any steps necessary to halt or prevent the discharge. If necessary, the District shall seek injunctive relief against the violating user together with any user contributing significantly to the emergency condition. 2. Penalties. In the event any damages are incurred to the District Main, the Treatment Plant, the environment, or the health and welfare of any persons as a result of any polluting or deleterious sewage being discharged into the District Main, the District will be responsible for paying any claims. To the extent Fort Lupton incurs any damages or additional costs resulting from said discharge, the District shall make reimbursement, and said claim shall be considered contractual and governmental immunity shall not be a bar or restriction on such claim. 3. Remedies. If the District or Fort Lupton determines that a user is not in compliance with District standards, the District will issue a notice setting forth the requirements and standards not being complied with and directing the user to attain conformance to these requirements and standards within a period of ten (10) days. The District, in coordination with Fort Lupton, will establish appropriate fines or penalties for any violations of the District standards. V. BUDGET, FEES AND THEIR ESTABLISHMENT AND COLLECTION A. Annual Budget. 1. Preparation of Annual Budget Fort Lupton and the District will jointly prepare annually a budget, including therein operating revenues, and expenses, debt service payments, and any provisions for capital expenditures for the ensuing Fiscal Year. Every budget will set forth a statement of the sources of funds to be available to defray such expenditures, including without limitation the Fort Lupton Sewer Fees and the District Sewer Fees to be paid by users of the District Main and Treatment Plant. 2. District Levy. Collection and Calculation of Annual Charges. With respect to all sewage delivered into the District Main, the District shall make, impose, and collect the District Sewer Fees in accordance with this IGA, as the same may be amended or otherwise supplemented from time to time. 12 aTo pay at all times all operation and maintenance expenses and at the end of each fiscal year to maintain therefor reserve requirements; b. To provide in each fiscal year a sum equal to its portion of the debt service on the District Bonds for the bond year commencing in such fiscal year computed as of the beginning of such bond year; c. To provide for funding the Expansion Fund in a sum equal to the amount required to fund it's pro rata share of the Treatment Expansion on the schedule set forth in the Phasing Plan; d. To pay the fee to Fort Lupton for providing treatment and discharge services for sewage collected by the District Main; e. To provide at all times for any deficits of the District resulting from failure to receive any fees or any sums payable to the District for any cause; and f. To comply at all times in all respects with the terms and the provisions of this IGA and to pay and to discharge all other charges or liens payable out of the income of the District when due and enforceable. 3. Fort Lupton Levy. Collection and Calculation of Annual Charges. With respect to all sewage delivered into the Treatment Plant from the District Main, Fort Lupton will make, impose, and collect the Fort Lupton Sewer Fees from the District (which collects all fees from its users) in accordance with this IGA, as the same may be amended or otherwise supplemented from time to time. a. To pay at all times all operation and maintenance expenses and at the end of each fiscal year to maintain therefor reserve requirements; b. To provide in each fiscal year a sum equal to its portion of the debt service on Fort Lupton Bonds for Treatment Expansion for the bond year commencing in such fiscal year computed as of the beginning of such bond year; c. To provide for funding the Expansion Fund in a sum equal to the amount required to fund it's pro rata share of the Treatment Expansion on the schedule set forth in the Phasing Plan; d. To provide at all times for any deficits of Fort Lupton resulting from failure to receive any fees or any sums payable to Fort Lupton for the provision of sewer service; and e. To comply at all times in all respects with the terms and the provisions of this IGA and to pay and to discharge all other charges or liens associated with the Treatment Plant and payable out of' the income of Fort Lupton when due and enforceable. 13 4. Compliance with Service Contract and Enforcement of Annual Charges. Fort Lupton and the District will plan, schedule, and prosecute all construction on or about the Treatment Plant and the District Main in accordance with the Phasing Plan and operate and maintain the Treatment Plant and District Main in a manner that enables Fort Lupton and the District, at the earliest practicable time, to make, impose, and collect the District Sewer Fees and the Fort Lupton Sewer Fees pursuant to this IGA. S. Charges Limited to Connecting Municipalities. The District will be liable for the payment of Sewer Usage Fees to Fort Lupton, for receiving sewage from the District Main operating the Treatment Plant, and discharging the District's effluent. The Sewer Usage Fees will be set by Fort Lupton prior to commencement of construction of the District Main. Once the District Main is operational and District Sewer Fees are collected, the District will make the Sewer Treatment Development Fee payment to Fort Lupton on a monthly basis. The Sewer Usage Fees rate may be adjusted by Fort Lupton on an annual basis. Nothing herein contained shall be construed as preventing Fort Lupton or the District from fixing and collecting by contract or otherwise rates, tolls, and other fees appertaining to the Treatment Plant and the District Main, respectively. 6. Enforcement. If any payment or any part thereof due to Fort Lupton from the District shall remain unpaid following its due date, the District shall be charged with and will pay Fort Lupton interest on the amount unpaid from its due date until paid at a prime rate plus one percent (Prime +l %) per month (or fraction thereof). The Parties agree to establish a prime rate index for purposes of enforcing the provisions of this paragraph with the establishment of the initial Sewer Usage Fees. VI. INCLUSION A. Applicability of IGA. This IGA applies to all land that is currently contained or may later be included within the boundaries of the Growth Area or Todd Creek Village North through mutual consent. The boundaries as outlined above may not be changed without the express consent of the City. B. Conditions of Inclusion. Any area in reasonable proximity to the Growth Area may be included into the Growth Area, such that Fort Lupton and the District may provide sewer service to it, upon such terms and conditions as may be mutually determined by the Parties and upon determination that such area may feasibly be served by the District Main and/or the Treatment Plant VII. MISCELLANEOUS A. Conformance with Laws. Each Party hereto agrees to abide by and to conform to all applicable laws of the Federal Government, the State, and any other body corporate or political having any jurisdiction in the premises. Nothing in this Section contained, however, shall require any Party hereto to comply with any law the validity or 14 applicability of which shall be contested in good faith and, if necessary or desirable, by appropriate legal proceedings. B. Acts of God. No Party hereto shall be responsible or liable in any way for Acts of God or any other act or acts or omissions beyond the control of such Party, which may in any way cause an interruption or a discontinuance of service appertaining to provision of sewer services. C. Nonassignability. No Party to this Agreement may assign any interest therein to any Person or entity without the consent of all the other Parties hereto at that time, and the terms of this IGA shall inure to the benefit of and be binding upon the respective representatives and successors of each Party hereto. Notwithstanding anything contained herein to the contrary, the District may assign its obligation herein to a Related District without the prior written consent of the other Parties. Nothing herein contained, however, shall be construed as preventing the reorganization of any Party hereto nor as preventing any other body corporate or political succeeding to the rights, privileges, powers, immunities, liabilities, disabilities, and duties of a Party hereto, as may be authorized by law, in the absence of any prejudicial impairment of any obligation of contract hereby imposed. D. Amendments. Subject to the rights and privileges of the holder or holders of any bonds or other securities of the District, this IGA may be amended from time to time by written agreement. E. Severability. If any section, subsection, paragraph, clause, phrase, or other provision of this IGA shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, phrase, or other provision shall not affect any of the remaining provisions of this IGA. F. Execution of Documents. This IGA may be executed in counterparts, any of which shall he regarded for all purposes as one original. G. Waiver. No waiver by either Party of any term or condition of this IGA shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this IGA. H. Remedies. In addition to the remedies provided by law, this Agreement shall be specifically enforceable by any Party hereto. Entirety. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the Parties hereto relating to the subject matter hereof and constitutes the entire contract between the Parties concerning the disposal of sewage within the Growth Area. [Signatures to follow on a separate page.] 15 UAM-2006-018 CITY OF FORT LUPTON By: Name: Shannon Crespin Its: Mayor TODD CREEK FARMS METROPOLITAN DISTRICT NO. 1 (1 -IS ` OS bfl cerw- UAM-2006-018 EXHIBIT A ("Growth Area") N . S�:"�� .:' . • !'.' ... •. ri.`.L.. C. 6.J `^'i,n-,� "+• .ar: jIJefw-see.as; a tf1,, w. or J V RG� 7'61HWYE6) jr. k: ', :, i kg I.in •.;; • - •_ • wI . .•. 1 ...at• .w...1 T.,' `n\ 1 �ryrMy •y,..�. 3: ..r .1$f 'T'7r f - .� i rhhui It' I • ' ,1. D CREEK ,\/(LLA UAM-2006-018 EXHIBIT B ("Conceptual Treatment Expansion") ,1-'� ••,:i �ytt �• • o t t+� aft AM e *' Mil - �aR3/Rltt'.. • R.•' n L ■t•7III _Ittw id?�Id;i�i:Clyii: on , i I I t allas Op9 tas a IVmar w asap: assou , Snit. _ - -m7.t. if... taw r B • sR pOtil/a.b. Claps' SW IS MIMS es - -- a •1 ,,_.•t_',i•:, I,. ..a 0-..-e..• e-- - tamp SASS ft ISMS •.T£:,tttL3ur,,::t 7'i85 2 mmist camas mop 'nu *a- noires ' .T. i:'r 1 _ IIII /op lbw IMAIII I. 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Ian lll rQ Ki - .tr.rra ' •s•+r Opp flu M A a t.USW ... ttO.•a.wasOa.Iet SS* • Me Ria ww tafl t .�-� " tan •Sas Worn ' •'IaJip: sans wig rasa : ,F —I -a-- awp ' iit'wttl INISSA : ��-� . _ - i.it$l�i C'��—_-_ fl . SS' Ojai` . .. it%.t.,:r i t.ID^AJ : t.pl•tt.arriw Miles. -Se WWII i TS** ululate s,. f.irateSSIa.fliMartfl as) Op rTractor.' NMmta BEIC2i1'� alaJttl..fetli.wtl Oap . Pm tint N1.il1a J. . `a rIennatt•Ail MUD -StoerPRE P.—. la :• 'nirliiL a: Ws nail lamfIl•••0nullas Sari l'_I r `. • Si __ `� ... aprt'Sate 041 sew SS: WI all - :,y; . as, It.iai:w7' *es • ism ras espl nm Ian visas c3i Sai is a;s. Turner tw•ia 1 , - F Tt3'1 f lErG'Ill SJ `. CM ....•.O Se .• Trvn• OVSfais bet. MSS O/p app' The taafe: Ns arW _ ._.. ____ .. .. .4al�apj tgit•ai Oasis tai 1 tea �1 It. tea —(•.�::J�� `. tn.•is le sr trues sus Y tfpl•t•,s teats ■app, Tat tram, ISM N` i:l: . Ltrl- IPt ISItUJprp.pa PISS S . to sj: nr t7J.f wS Mild3 1 Ili .... .. t f l w.� `'l- os Ina1 tiw. Was Anil ilia.final r111t•�VOlr p�lt- , ; ' �a Plow I roman : OwMLa VIM all - •l J - -cam. . 4'1aGdw1::6irsYS%lik`_: .t: _:3i"..:a,Yl;<IS•. .S...�;i.=::.. ^.31 Suitt. ' art. • w atTra• Mal au oPea Main afAa O Si a ..l is 1" i s ur4ttj ►t e••rr ^ •---- beWANE Prim 1> - SE --- twat ♦ folha Mote SraiSISWar• Aat pun' EXHIBIT D ("Technical Information") INTERGOVERNMENTAL AGREEMENT FOR WASTEWATER TREATMENT SERVICES BETWEEN THE CITY OF FORT LUPTON, COLORADO AND TODD CREEK FARMS METROPOLITAN DISTRICT NO. 1) 1. Services Provided. The City agrees to permit the connection of the District main to the City's treatment plant at the location shown on Exhibit B, which is attached hereto and incorporated herein by this reference and to permit the discharge of wastewater from the District Main into the City's treatment plant subject to all applicable requirements of the Code of the City of Fort Lupton ("City Code"), during the term of this Agreement. (a) Clean Water Act — The City is committed to compliance with all provisions of the Colorado Discharge Permit System (CPDS). Accordingly, as the City is prepared to provide wastewater treatment services to the District, the District is also subject to all terms and conditions of the City's most current CPDS permit. The District is subject to any and all changes within said permit that necessitate changes to the operation, maintenance or construction of new facilities required for compliance with the CPDS permit. Further, should the CPDS permit require "de -rating" of the treatment plant to obtain compliance, the District will also be subject to their pm -rate percentage of the "de -rating". The District shall be subject to additional charges associated with compliance of the CPDS permit necessitated by permit changes in accordance with their allocated Treatment Plant capacity. (b) Metering. The point of connection between the District Main and the Treatment Plant shall be made with a flow measurement and monitoring station, including a manhole in which said measuring devices shall be located ("Metering Station") designed by the District consistent with the City's requirements and subject to the City's approval, which shall not be unreasonably withheld or delayed. This Metering Station shall be installed and operate so as to continuously: 1) measure and record wastewater flows; 2) transmit flow information to the District and the City for monitoring and billing; and 3) provide for periodic sampling. The City shall have full access to and control of such Metering Station upon installation and final inspection and acceptance by the City, for the purpose of carrying out the City's responsibilities hereunder. In the event of Metering Station failure, the quantity and quality of flows from the District Main may be extrapolated from the available data and any related information, including but not limited to prior observations and measurements or contemporaneous data regarding flows into the Treatment Plant. (c) Industrial and/or Categorical Discharges. If, in the reasonable discretion of the City, it is determined that discharges from the District Main into the Treatment Plant may cause pass through of pollutants, interfere with the operation or performance of the Treatment Plant, whether due to the partial or complete obstruction of flow in the 6O152.1 J'l J05iN lU4l06 I:AT PM District Main, or any other cause, the District shall make such modifications and impose such controls and improvements to the District Main as the City may reasonably require in order to allow for the issuance of the permit required for said discharge. The District will not permit the connection of any customer that requires an Industrial Discharge Permit, unless and until an Industrial Discharge Permit for said discharge has been requested by the discharging customer and approved by the City and all permit fees and other associated charges have been paid in full. In the event that any such categorical discharge results in increased costs to the City, the City shall be entitled to increase the fees and charges to be paid pursuant to this Agreement commensurate with said increased costs. 2. Payment for Services. In exchange for the use of the Treatment Plant as provided herein, the District shall pay to the City each of the fees and charges set forth in this Agreement. The fees and charges for wastewater services set forth herein shall be as established by the City from time to time based upon an analysis of the cost to the City of providing services hereunder, including but not limited to administrative and other indirect costs related thereto. The initial rates and charges shall be determined by an initial cost of service study. The City may update and revise as necessary said cost of service study, but shall in any event update and revise the same no less frequently than one (1) time every five (5) years. The District may request that the City conduct additional cost of service studies and analyses, but said additional studies and analyses shall be at the District's sole cost and expense. As applied in this Agreement, the term "Cost of Service Data" is intended to mean the most recently completed cost of service study hereunder. The initial Cost of Service Data shall be based upon estimated wastewater flow rates provided by the District and wastewater strength consistent with normal domestic strength wastewater as defined in City Code. (a) In the event that the District determines that wastewater discharges from the District Main may exceed the peak day flow rate for which a Sewer Treatment Development Fee has been paid, or either the City or the District determine that the characteristics of said discharges have materially changed or are expected to materially change, and as a result additional Sewer Treatment Development Fee charges are applicable, the District shall pay such additional Sewer Treatment Development Fee as applicable. Upon a determination by the City that the discharges from the District have reached ninety-five percent (95%) of the peak day flow rate for which the Sewer Treatment Development Fee has been paid by the District, the District shall at that time be prohibited from permitting any additional connections to the District Main until such time as the District has paid any additional Sewer Treatment Development Fees that are due for the increased wastewater flows based upon the most accurate and currently available projections for the demand created by the District Main (b) Sewer Usage Fees will be charged on a monthly basis for District Main discharges consistent with the rate applicable set by City Council for extra -territorial customers in accordance with the City Code. The initial Sewer Usage Fees shall be as set forth in Exhibit E, until such time as the City updates its Cost of Service Data or modifications in wastewater flows result in increases as otherwise described herein. I Gr1/2006; FINAL - lES 2 (c) In the event the peak day flow rate of discharges from the District Main exceeds the flow rate for which the Sewer Treatment Development Fees have been paid, a System Lease Charge shall be applicable to said excess flows. This System Lease Charge is explained in Exhibit E. The System Lease Charge shall not apply toward the total of Sewer Treatment Development Fees paid by the District, and shall be payable whether or not the City has provided notice to the District that wastewater flows have exceeded the ninety-five percent (95%) threshold described in subparagraph A, above. Upon payment of additional Sewer Treatment Development Fees, the System Lease Charge shall cease to apply except to wastewater flows in excess of the increased peak day flow rate for which new Sewer Treatment Development Fees have been paid. (d) In the event that the wastewater strength exceeds normal domestic wastewater strength (350 mgll BOD5, 350 mg/I TSS, 30 mg/1 NH3) or deviates from the basis for the Cost of Service Data, then a Wastewater Surcharge shall be added to the monthly Sewer Usage Fees, which shall be based upon deviations from the strength and composition projections for the District Main that have been used to determine the charges otherwise set forth herein, and shall be determined by applying applicable wastewater strength surcharge rates as set forth within the City Code. (e) In the event the District requests or requires any services not included in the monthly Sewer Usage Fees, the District shall pay to the City miscellaneous fees and charges based upon the City's costs, time and materials plus the overhead percentage at the rate provided in the City Code for "Third Party" overhead charges. 3. Pretreatment Requirements and Enforcement. The Parties acknowledge and agree that the City's U.S. Environmental Protection Agency -approved Industrial Pretreatment Program (the "IP Program") shall apply in full within the District Main, and shall be enforceable by the City throughout said system. The District agrees to cooperate with the IP Program in connection with any inspection, investigation, corrective or enforcement action, or other action required to implement said IP Program. In particular, the District agrees that as a condition of service to all customers of the District and as a condition of service to the District, the City shall be entitled to inspect, monitor and take or require such corrective action within the District Main as may be necessary for the purpose of implementation or enforcement of said IP Program. As noted in Paragraph 2.C, above, no categorical discharge to the District Main or the City's Treatment Plant shall be allowed except in accordance with the City's requirements for an Industrial Discharge Permit, the terms of which shall be fully enforceable by the City. The District shall notify the City no less than thirty (30) days in advance of the connection to the District Main of any nonresidential customer or change of use by a new or existing customer that will result in the connection of a nonresidential use to the District Main that has not been expressly reviewed and approved by the City. 4. Performance Standards for District Main. The District shall establish and enforce design and performance standards in conformance with City standards for all service lines, collector lines and other components of the District Main. Such standards shall address, but not be limited to, prevention and control of infiltration, inflow, pretreatment requirements and system reliability, and shall meet generally accepted engineering standards for public wastewater collection systems. 1 o7n006; FINAL. - JFS 3 5. Annual Reporting by District. No later than January 10th of each year of this Agreement, the District shall provide to the City a complete and accurate list of the District's industrial wastewater customers as of the end of the prior year, including customer name, service address, billing address and category of customer. The District agrees to cooperate with the City and provide such additional information as the City may require in order to reconcile the records of the City and the District, and to confirm the nature, extent and circumstances of wastewater generated at or discharged from any industrial property served by the District Main .and connected to the City Treatment Plant. The parties acknowledge that all or portions of the information provided hereunder may constitute confidential information pursuant to the Colorado Open Records Act or other applicable law, and agree that the City shall, as a condition of receipt of such information, protect the same from public disclosure to the extent required by law. 6. Extension of the District Main. The parties acknowledge that the District may choose to extend the District Main in order to provide wastewater services to areas not within the defined boundaries of the District as of the date of this Agreement. Subject to the terms and conditions set forth herein, Fort Lupton intends that such extensions shall be allowed hereunder, provided that the District Main is within the approved service area, or within an additional area for which service has been expressly authorized or approved by the City Council or other appropriate City official in accordance with the City Code. The Parties agree that in the event said approved service areas attach to the District Main, all wastewater flows from these areas will be metered separately and the fees and charges by the City to the District will reflect only the wastewater flows for the District. Furthermore, the City will be responsible for all maintenance and monitoring of wastewater flows from these approved service areas. 7. Force Majeure. The City shall provide the services as set forth herein, subject to the general requirements applicable to the Treatment Plant by law, including the Code of the City of Fort Lupton, as the same may from time to time be modified or amended. The City shall not be liable for any failure, default or delay in any service provided for under this Agreement caused by strikes, acts of God, unavoidable accidents or contingencies of any nature whatsoever beyond its control. 8. Liability for Costs, Fees and Damages. The District shall be liable to the City for any expense, loss or damage caused to the City by reason of the violation of any applicable law, permit requirement or condition hereunder of the District, and for any direct or indirect damages incurred by the City as a result of the discharge of wastewater from the District Main into the Treatment Plant, including any court costs or other costs of enforcement by the City of its rights hereunder. 9. Default/Remedies. If any Party fails to comply with the provisions of this Agreement, the other Parties, after providing written notification to the noncomplying Party and upon the failure of the noncomplying Party to achieve compliance within one hundred and eighty (180) days, may seek actual damages, specific performance and injunctive relief, or forfeiture of investment and all rights of said Party to further service by the City's Treatment Plant or to discharges from the District Main, as applicable, but excluding any exemplary and/or consequential damages. In the event litigation is required to enforce this Agreement, the prevailing Party(ies) shall be entitled to payment by the defaulting Party of its/their actual IO2II2 6; FINAL • ]as 4 attorneys' fees and costs incurred. Nothing in this Paragraph 11 or any other provision of this Agreement shall, however, be construed as a waiver of the notice requirements, defenses, immunities, and limitations any of the Parties may have under the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., or any other defenses, immunities, or limitations of liability available by law. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder to the Parties hereto are in addition to, and arc not to be construed in any way as a limitation of, any rights and remedies available to them which are otherwise imposed by law or regulation, and the provisions of this paragraph will be as effective as if repeated specifically in the Agreement in connection with each particular duty, obligation, right, and remedy to which they apply. 10. Suspension of Service. In addition to the remedies afforded by paragraph 9 hereof, the City may suspend the wastewater treatment service provided for in this Agreement when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes pass through or interference, causes the City to violate any condition of its NPDES Permit, or should the District fail to appropriate and pay to the City any amounts required by this Agreement within the one hundred eighty (180) day notice period set forth in paragraph 9 hereof. Upon notification of suspension of wastewater treatment service the District will immediately stop or eliminate the discharge identified in the notice. In the event of a failure of the District to comply voluntarily with the suspension order, the City will take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the Treatment Plant or endangerment to any individuals or the environment. The City will reinstate wastewater treatment service upon proof of elimination of the non- complying discharge or payment of the amount owed. As to non -complying discharges, a detailed written statement submitted by the District describing the causes of the harmful contribution and the measures taken to prevent any future occurrence will be submitted to the City within 15 days following the date of the occurrence. 11. System Responsibilities. The District shall not be responsible for operation and maintenance of the City's Treatment Plant. Fort Lupton shall not be responsible for the operation and maintenance of the District Main, but the District may desire to negotiate separate agreements with the operator of the City's Treatment Plant to provide assistance in the operation and maintenance of the District Main. At the point of connection between the District Main and the City's Treatment Plant, the City shall own the Metering Station (as set forth in Paragraph 2.B, above). All collection and treatment improvements downstream of said Metering Station shall be part of the City's Treatment Plant and all collection system improvements upstream of said Metering Station shall be a part of the District Main except as expressly and specifically agreed by the Parties in writing. The District shall make full payment to the City of all amounts due, including without limitation all Sewer Treatment Development Fees, surcharge of penalty cost incurred, monthly Sewer Usage Fees, and compliance by the District with all requirements and conditions set forth herein. The Parties acknowledge that this Agreement is intended to document the conditions and requirements to be met by the District in order for the City to provide wastewater service as described herein, and that this Agreement is not intended to, and 10/2/2005; FINAL - JES 5 does not, impose upon Fort Lupton any obligations to the District except for those obligations that Fort Lupton has as a general matter to its wastewater utility customers. 12. Relationship of Parties. This Agreement does not create and shall not be construed as creating a relationship of joint ventures, partners, or employer -employee, between the Parties. The Parties intend that this Agreement be interpreted as creating an independent contractor relationship. Pursuant to that intent, it is agreed that the conduct and control of the duties required by the Agreement shall lie solely with each Party respectively, and each Party shall be free to exercise reasonable discretion in the performance of its individual duties under this Agreement. Neither Party shall, with respect to any activity, be considered an agent or employee of the other Party. 13. Modification of Agreement. This Agreement may be modified, amended, changed or terminated, except as otherwise provided herein, in whole or in part, only by an agreement in writing duly authorized and executed by both Parties. No consent of any third party shall be required for the negotiation and execution of any such agreement. 14. Financial Obligations/Future Fiscal Years. This Agreement is not intended to create or constitute a debt or indebtedness, whether direct or indirect, for the City or the District within the meaning of any constitutional, charter or statutory provision or limitation. larlf206b,ENAL•lei 6 EXHIBIT E ("RATES AND SURCHARGES") 1. The extra -territorial cost to the District for the processing of wastewater is agreed to be 200% of the City's rate for the citizens of Fort. Lupton. 2. The peak rate would be imposed for situations as follows: (a) Influent 5 day BOD concentration (mg/I). Daily influent concentrations exceeding 750 mg/l, or a monthly average exceeding 450 mg/1 will trigger a surcharge for organic loading. (b) Influent 5 day BOD loading (lbs/day). Daily influent loadings exceeding the District's available treatment % of the Treatment Plant's total available rated organic capacity for this constituent, or a monthly average exceeding the District's available treatment % of the Treatment Plant's total available rated organic capacity for this constituent, will trigger a surcharge for organic loading. (i) District lbs/day > District's % of Treatment Plant's total loading lbs capacity (Influent 5 day BOD loading) (c) Influent Total Suspended Solids (TSS) concentration (mg/1). Daily influent concentrations exceeding 500 mg/l, or a monthly average exceeding 300 mg/1 will trigger a surcharge for organic loading. (d) Influent TSS loading (lbs/day). Daily influent loadings exceeding the District's available treatment % of the Treatment Plant's total available rated capacity for this constituent, or a monthly average exceeding the District's available treatment % of the Treatment Plant's total available rated capacity for this constituent, will trigger a surcharge for loading. (i) District lbs/day > the District's % of Treatment Plant total loading lbs capacity (Influent TSS loading) (e) Influent Flows. Daily influent peak flows up to two times the monthly average limit, while not exceeding the allowed monthly average flow permitted limit. Additionally, if the monthly permitted average flow is exceeded, a surcharge will apply. In addition, for every day this limit is exceeded, additional penalties will result. (i) E.g.: If permitted monthly average is 500,000 gallons per day, and the influent flow for one day exceeds 1,000,000 gallons per day, a surcharge is triggered. (ii) If monthly permitted average daily flow is 500,000 gallons per day, and District's monthly average flow for a month results in a monthly average daily flow of 529,000 gallons per day, the surcharge will apply. 6632521 ,InOli4 102/00 147 PM 3. The surcharge rate will equate to a 35% increase of the normal sewer charge per 1,000 gallons for the gallons that are over the permitted monthly average. � (Y2/2006; SAL - WS 2 Esther Gesick From: Sent: To: Cc: Subject: Attachments: Bob Choate Wednesday, January 29, 2020 11:31 AM Commissioners Angela Snyder; Esther Gesick Todd Creek Metro District Service Area Map Todd Creek Metro Service Area Map.png Todd Creek Metro District Service Area Map, attached. (from toddcreekvillage.org). Bob Choate Assistant Weld County Attorney 1 150 'O' Street, Greeley, CO 80632 (970) 336-7235 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Todd Creek Village Metropolitan District Service Area General Location Map ,age... RBA 4110 _ i• Ouster ••eae.M •..111C.•... ,.. Legend * eons * IlWilnern se Pipits Ws. lases0 a R O qrr Pais a Oa P• flee AS ee • ass Pis -4 © One As lassies sat Per Overview Map Colorado February 4.2020 Ms. Angela Snyder Weld County Planning Department 1555 N 17th Ave Greeley, CO 80631 RE: Withdrawal of Applications for PUDZ18-0006 and MET19-0003 Dear Angela, After careful consideration, we have decided to withdraw our applications for change of zone PUDZ18-0006, and the service plan and district formation for MET19-0003. Please notify the Clerk of the Board and any other county agencies of our decision. At this time we do plan on re- submitting the applications once we have had enough time to re-evaluate and resolve any of the outstanding issues. Thanks for your assistance with this project. Sincerely, Peter Martz ALF Todd Creek Village North LLC EXHIBIT .0 S AUSMUS LAW FIRM, P.C. 6020 Greenwood Plaza Blvd., Suite 100 Greenwood Village, CO 80111 Telephone: 303-694-4248 Telefax: 303-694-4956 E-mail: andy@ausmuslaw.com October 19, 2020 Mr. Bob Choate, esq. Weld County Attorney 1555 N. 17th Avenue Greeley, CO 80631 Mt -T19 -O6o J. Andrew Ausmus Adam R. Ausmus Of Counsel Christy K. Ausmus Tricia McCarthy Re: City of Ft. Lupton Reply regarding Todd Creek Metro Dist. Case No. MET 19-0003 Dear Bob: To reiterate, Fort Lupton's obligation to provide sewer services is contingent upon conditions that currently do not exist under paragraph I (A) of the IGA. The City is not waiving those conditions and therefore specifically reserves all rights under the current IGA. With that said, the City of Fort Lupton has had very productive meetings with District representatives and are working diligently towards a mutually acceptable amendment to the current IGA. While the City reserves all rights it has under the existing IGA, the City of Fort Lupton does not want to be an impediment to Weld County's review of the pending application. Please do not hesitate to contact me with any questions. Sincerely, AUSMUS LAW FIRM, P.C. J. Andrew Ausmus Cc: City Administrator City Planner City Engineer RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO WEDNESDAY, OCTOBER 21, 2020 EXCERPT FROM PUBLIC INPUT: Steve Teets. Greeley resident, shared he is not in support of the Service Plan. M ET19-0003, for the proposed Dry Creek Metropolitan District No. 1, scheduled to be considered by the Weld County Board of Commissioners on October 28. 2020, due to the population growth rate and the need to designate finances to County maintenance and improvements. Minutes, Wednesday, October 21, 2020 Page 1 2020-3138 BC0016 Hello