Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutSupplement to 2023 Consolidated Annual Report SQMD 1-31
SUPPLEMENT TO
SOLARIS METROPOLITAN DISTRICT NOS. 1-3
2023 CONSOLIDATED ANNUAL REPORT
Pursuant to the Service Plan for Solaris Metropolitan District Nos. 1-3 (the “Districts”) and
Pursuant to §32-1-207(3)(c), Colorado Revised Statutes, the Districts provide the following
supplemental information to the 2023 annual report on the service plan for the year ended December
31, 2023:
§32-1-207(3) Statutory Requirements
1. A copy of the audited financial statements, if required by the “Colorado Local
Government Audit Law”, part 6 of article 1 of title 29, or the application for exemption
from audit, as applicable.
The 2023 audits for the fiscal year ending December 31, 2023 (“2023 Audits”) are attached as
Exhibits A, B and C.
Service Plan Requirements
1. Audit of the Districts’ financial statements, for the year ending December 31 of the
previous year, prepared in accordance with generally accepted accounting principles or
audit exemption, if applicable.
The 2023 audits for the fiscal year ending December 31, 2023 (“2023 Audits”) are attached as
Exhibits A, B and C.
2
EXHIBIT A
Solaris Metropolitan District No. 1
2023 Audit
Vail Square Metropolitan District No. 1
Financial Statements
December 31, 2023
Vail Square Metropolitan District No. 1
Financial Statements
December 31, 2023
Table of Contents
Page
INDEPENDENT AUDITOR'S REPORT A1 –A3
Management’s Discussion and Analysis B1 –B3
Government-wide Financial Statements:
Statement of Net Position C1
Statement of Activities C2
Fund Financial Statements:
Balance Sheet -Governmental Funds C3
Reconciliation of the Balance Sheet of Governmental Funds to the
Statement of Net Position C4
Statement of Revenues, Expenditures and Changes in
Fund Balances -Governmental Funds C5
Reconciliation of the Statement of Revenues, Expenditures and Changes in
Fund Balances of Governmental Funds to the Statement of Activities C6
Notes to the Financial Statements D1 –D15
Required Supplementary Information:
Schedule of Revenues, Expenditures and Changes in
Fund Balance -Budget and Actual -Governmental Funds:
General Fund E1
Supplementary Information:
Schedule of Revenues, Expenditures and Changes in
Fund Balance -Budget and Actual -Governmental Funds:
Debt Service Fund F1
McMahan and Associates, l.l.c.
Certified Public Accountants and Consultants
Web Site: www.mcmahancpa.com
Chapel Square, Bldg C Main Office: (970) 845-8800
245 Chapel Place, Suite 300 Facsimile: (970) 845-8108
P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com
Member: American Institute of Certified Public Accountants
Paul J. Backes, CPA, CGMA Avon: (970) 845-8800
Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996
Matthew D. Miller, CPA Frisco: (970) 668-3481
A1
M
&
A
INDEPENDENT AUDITOR'S REPORT
To the Board of Directors
Vail Square Metropolitan District No. 1
Vail, Colorado
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities and each major
fund of Vail Square Metropolitan District No. 1 (the “District”), as of and for the year ended December 31,
2023,and the related notes to the financial statements,which collectively comprise the District’s basic
financial statements as listed in the Table of Contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the
respective financial position of the governmental activities and each major fund of the District, as of
December 31, 2023 and the respective changes in financial position thereof for the year then ended in
accordance with accounting principles generally accepted in the United States of America (“U.S. GAAP”).
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America (“U.S. GAAS”). Our responsibilities under those standards are further described in the Auditor’s
Responsibilities for the Audit of the Financial Statements section of our report. We are required to be
independent of the District and to meet our other ethical responsibilities, in accordance with the relevant
ethical requirements relating to our audit. We believe that the audit evidence we have obtained is
sufficient and appropriate to provide a basis for our audit opinions.
Emphasis of Matter
As discussed in note VII, the District’s fund balance was restated for the correction of an error in the
previous year. Our opinion is not modified as a result of this.
Responsibilities of Management for the Financial Statements
The District’s management is responsible for the preparation and fair presentation of the financial
statements in accordance with U.S. GAAP, and for the design, implementation, and maintenance of
internal control relevant to the preparation and fair presentation of financial statements that are free from
material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or
events, considered in the aggregate, that raise substantial doubt about the District’s ability to continue as
a going concern for one year after the date that the financial statements are issued.
INDEPENDENT AUDITOR’S REPORT
To the Board of Directors
Vail Square Metropolitan District No. 1
A2
Auditor’s Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are
free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that
includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance
and therefore is not a guarantee that an audit conducted in accordance with U.S. GAAS will always detect
a material misstatement when it exists. The risk of not detecting a material misstatement resulting from
fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional
omissions, misrepresentations, or the override of internal control. Misstatements are considered material
if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment
made by a reasonable user based on the financial statements.
In performing an audit in accordance with U.S. GAAS, we:
Exercise professional judgment and maintain professional skepticism throughout the audit.
Identify and assess the risks of material misstatement of the financial statements, whether due to
fraud or error, and design and perform audit procedures responsive to those risks. Such
procedures include examining, on a test basis, evidence regarding the amounts and disclosures
in the financial statements.
Obtain an understanding of internal control relevant to the audit in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of expressing an
opinion on the effectiveness of the District’s internal control. Accordingly, no such opinion is
expressed.
Evaluate the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluate the overall presentation of the
financial statements.
Conclude whether, in our judgment, there are conditions or events, considered in the aggregate,
that raise substantial doubt about the District’s ability to continue as a going concern for a
reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters,
the planned scope and timing of the audit, significant audit findings, and certain internal control–related
matters that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Management’s
Discussion and Analysis in Section B be presented to supplement the basic financial statements. Such
information is the responsibility of management and, although not a part of the basic financial statements,
is required by the Governmental Accounting Standards Board who considers it to be an essential part of
financial reporting for placing the basic financial statements in an appropriate operational, economic, or
historical context. We have applied certain limited procedures to the required supplementary information
in accordance with auditing standards generally accepted in the United States of America, which
consisted of inquiries of management about the methods of preparing the information and comparing the
information for consistency with management’s responses to our inquiries, the basic financial statements,
and other knowledge we obtained during our audit of the basic financial statements. We do not express
an opinion or provide any assurance on the information because the limited procedures do not provide us
with sufficient evidence to express an opinion or provide any assurance.
The budgetary comparison information in section E is not a required part of the basic financial statements
but is supplementary information required by U.S. GAAP. The budgetary comparison information has
been subjected to the auditing procedures applied in the audit of the financial statements and certain
additional procedures, including comparing and reconciling such information directly to the underlying
accounting and other records used to prepare the financial statements or to the financial statements
themselves, and other additional procedures in accordance with U.S. GAAS. In our opinion, the
information is fairly stated in all material respects in relation to the financial statements as a whole.
INDEPENDENT AUDITOR’S REPORT
To the Board of Directors
Vail Square Metropolitan District No. 1
A3
Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively
comprise the District’s financial statements as a whole. The individual fund budgetary comparison in
Section F is presented for purposes of additional analysis and are not a required part of the basic
financial statements.
The budgetary comparison found in Section F is the responsibility of management and was derived from
and relate directly to the underlying accounting and other records used to prepare the financial
statements. The information has been subjected to the auditing procedures applied in the audit of the
basic financial statements and certain additional procedures, including comparing and reconciling such
information directly to the underlying accounting and other records used to prepare the financial
statements or to the financial statements themselves, and other additional procedures in accordance with
auditing standards generally accepted in the United States of America. In our opinion, the information is
fairly stated in all material respects in relation to the financial statements as a whole.
McMahan and Associates, L.L.C.
Avon, Colorado
September 30, 2024
MANAGEMENT’S DISCUSSION AND ANALYSIS
B1
Vail Square Metropolitan District No. 1
Management’s Discussion and Analysis
December 31, 2023
As management of Vail Square Metropolitan District No. 1 (the “District”), we offer readers of
the District’s financial statements this narrative overview and analysis of the financial activities
of the District for the fiscal year ended December 31, 2023.
Overview of the Financial Statements
This discussion and analysis is intended to serve as an introduction to the District’s basic
financial statements. The District’s basic financial statements are composed of three components:
1) government-wide financial statements; 2) fund financial statements; and 3) notes to the
financial statements. This report also contains additional supplementary information after the
notes to the financial statements.
Government-wide financial statements. The government-wide financial statements are
designed to provide readers with a broad overview of the District’s finances, in a manner similar
to a private-sector business.
The Statement of Net Position presents information on all of the District’s assets, deferred
outflows, liabilities, and deferred inflows with the difference reported as net position. Over time,
increases or decreases in net position may serve as a useful indicator of whether the financial
position of the District is improving or deteriorating.
The Statement of Activities presents information showing how the government’s net position
changed during the most recent fiscal year. All changes in net position are reported as soon as the
underlying event giving rise to the change occurs, regardless of the timing of related cash flows.
Thus, revenues and expenses are reported in this statement for some items that will only result in
cash flows in future fiscal periods.
The governmental activity of the District is primarily financing the construction, operation, and
maintenance of the basic public infrastructure within the District. There are no business-type
activities within the District.
The government-wide financial statements can be found on pages C1 and C2 of this report.
Fund financial statements. A fund is a grouping of related accounts that is used to maintain
control over resources that have been segregated for specific activities or objectives. The
District, like other state and local governments, uses fund accounting to ensure and demonstrate
compliance with finance-related legal requirements. The District currently has two funds, the
General Fund and the Debt Service Fund both of which are governmental funds.
Governmental funds. Governmental funds are used to account for essentially the same
functions reported as governmental activities in the government-wide financial statements.
However, unlike the government-wide financial statements, governmental fund financial
statements focus on near-term inflows and outflows of expendable resources, as well as on
B2
balances of expendable resources available at the end of the fiscal year. Such information may be
useful in evaluating a government’s near-term financing requirements.
Because the focus of governmental funds is narrower than that of the government-wide financial
statements, it is useful to compare the information presented for governmental funds with similar
information presented for governmental activities in the government-wide financial statements.
By doing so, readers may better understand the long-term impact of the government’s near-term
financing decisions. A reconciliation of the fund balance as reported in the governmental funds
to the net position reported in the government-wide financial statements and a reconciliation of
the net change in fund balance to the change in net position has been provided to facilitate the
comparison between governmental funds and governmental activities.
The fund financial statements are contained on pages C3 through C6 of the report.
Notes to the financial statements. The notes provide additional information that is essential to a
full understanding of the data provided in the government-wide and fund financial statements.
The notes to the financial statements can be found on pages D1 through D15of this report.
Condensed Financial Information
A condensed comparative summary of the District’s government-wide assets, deferred outflows,
liabilities, deferred inflows, net position, revenues and expenditures follows:
2023 2022
AS SETS & D EFER RED OUTFLOWS:
Current assets 1,274,729$ 2,079,684$
Non-current assets 627,749 8,134,182
Total Assets 1,902,478 10,213,866
De fe rred outflo ws of resources - 10,131
LIAB ILITIES:
Current lia bilit ie s 135,797 535,035
Non-current lia bilit ie s 1,138,932 8,995,131
Total Liabilitie s 1,274,729 9,530,166
NET POSITION :
Net Inve stment in capital assets 627,749 693,830
Restricted for emergencies 7,580 5,231
Unrestricted (7,580) (5 ,230)
Total Net Pos itio n 627,749$ 693,831$
REVEN UES :
Operatin g gr ants and contributions 178,657$ 1,556,058$
Inte rest and other revenue 495,346 40,384
Total R evenue s 674,003 1,596,442
EXPEN SES:
Ge ne ra l go ve rnme nt 370,195 1,019,389
Public works 229,364 128,443
Inte rest on long-te rm debt 140,526 514,688
Total Expenses 740,085 1,662,520
Cha ng e in Net Pos ition (6 6,082) (66,078)
Net Pos itio n - B eginning 693,831 759,909
Net Pos itio n - Ending 627,749$ 693,831$
Go ve rnme nt al
Activitie s
B3
The District is the operating district in a triple district structure whereby the District is
coordinating the financing and constructing public infrastructure for Vail Square Metropolitan
District Nos. 2 and 3. Such functions are furnished through a District Coordinating Services
Agreement among the District and Vail Square Metropolitan District Nos. 2 and 3. Vail Square
Metropolitan District Nos. 2 & 3 are the “financing districts” and as such, have and will continue
to pay “capital and service obligations” to the District for construction and operation of the
infrastructure in the Districts. The District’s revenues consisted primarily of funds received from
the financing Districts and the Vail Reinvestment Authority, as defined in agreements between
the District and those entities.
Government-wide Financial Analysis. The District’s primary activity has been the
construction,acquisition and operation of infrastructure and the issuance of debt to pay for the
infrastructure. The debt was originally issued by the District in 2008 but was refinanced in 2023
and transferred to Vail Square Metropolitan District No. 3.
Financial Analysis of the District’s Funds
As mentioned earlier, the District uses fund accounting to ensure and demonstrate compliance
with finance-related legal requirements.
Governmental Funds.The focus of the District’s governmental funds is to provide information
on near-term inflows, outflows, and balances of expendable resources. Such information is
useful in assessing the District’s financing requirements. In particular, unrestricted fund balance
may serve as a useful measure of a government’s net resources available for spending at the end
of the fiscal year.
The District restated its 2022 ending fund balance to report the prepaid service obligation from
District No. 2 and 3 as a unearned service obligation revenue. As a result the District is not
showing any fund balance. The unearned service obligation revenue is held by the District for
spending in future years.
The District adopts budgets for each fund on an annual basis. Budgetary comparisons have been
provided on page E1 for the General Fund, page E2 for the Debt Service Fund.
Capital assets. The District’s capital assets consist primarily of infrastructure in the Districts.
During 2023 the District recognized depreciation expense of $66,079. Details can be seen in
Note III B on page D11 of this report.
Long-term debts.The outstanding balance of the District’s debt for the tax-exempt loan taken
out in 2008 was moved from the District to Vail Square Metropolitan District No. 3 and
accordingly, the District has no remaining long-term debt. Additional information can be found
in the Notes to the Financial Statement in Note III C on page D12 of this report.
Request for Information
This financial report is designed to provide a general overview of the District’s finances for all
those with an interest in the government’s finances. Questions concerning any of the information
provided in this report or requests for additional financial information should be addressed to
Marchetti & Weaver LLC, 28 Second Street, Suite 213, Edwards, CO 81632 or you may call
(970) 926-6060.
GOVERNMENT-WIDE FINANCIAL STATEMENTS
Assets:
Cash and investm ents 1,093,679
Amounts due from VSMD No. 2 & 3 173,487
Prepaid expenses 7,563
Capital assets, net 627,749
Total Assets 1,902,478
Liabilities:
Current liabilities due in less than one year:
Accounts payable 135,797
Unearned Service Obligation Revenue
from VSMD No. 2 & 3 1,138,932
Total Liabilities 1,274,729
Net Position:
Net investment in capital assets 627,749
Restricted for emergencies 7,580
Unrestricted (7,580)
Total Net Position 627,749
December 31, 2023
Statement of Net Position
Vail Square Metropolitan District No. 1
The accompanying notes are an integral part of these financial statements.
C1
Net (Expense)
Revenue and Changes
in Net Position
Operating Capital
Charges for Grants and Grants and Net (Expense)
Expenses Services Contributions Contributions Revenue
Functions/Programs:
Governmental activities:
General government 370,195 - 178,657 415,598 224,060
Public works 229,364 - - - (229,364)
Interest 140,526 - - - (140,526)
Total primary government 740,085 - 178,657 415,598 (145,830)
General revenues:
Interest income 79,748
Total General Revenues 79,748
Change in Net Position (66,082)
Net Position - Beginning 693,831
Net Position - Ending 627,749
Vail Square Metropolitan District No. 1
Statement of Activities
For the Year Ended December 31, 2023
Program Revenues
The accompanying notes are an integral part of these financial statements.
C2
FUND FINANCIAL STATEMENTS
Total
Governmental
General Debt Service Funds
As sets:
Cash and investments 1,093,679 - 1,093,679
Am ounts due from VSMD No. 2 & 3 173,487 - 173,487
Prepaid expenses 7,563 - 7,563
Total Assets 1,274,729 - 1,274,729
Liabilities, Deferred Inflow of Resources,
Liabilities:
Accounts payable 135,797 - 135,797
Unearned service obligation revenue
from VSMD No. 2 & 3 1,138,932 - 1,138,932
Total Liabilities 1,274,729 - 1,274,729
Fund Balances:
Nonspendable 7,563 - 7,563
Restricted for emergencies 7,580 - 7,580
Assigned for capital reserves 920,000 - 920,000
Unassigned (935,143) - (935,143)
Total Fund Balances - - -
Total Liabilities, Deferred Inflow
of Resources, and Fund Balances 1,274,729 - 1,274,729
December 31, 2023
Governmental Funds
Balance Sheet
Vail Square Metropolitan District No. 1
The accompanying notes are an integral part of these financial statements.
C3
Governmental Funds Total Fund Balance -
Capital assets used in governmental activities are not considered current
financial resources and, therefore, are not reported in the funds.
Details of these amounts are as follows:
Capital assets 1,863,895
Accumulated depreciation (1,236,146)
627,749
Net Position of Governmental Activities 627,749
Vail Square Metropolitan District No. 1
Reconciliation of the Balance Sheet of Governmental Funds
to the Statement of Net Position
December 31, 2023
The accompanying notes are an integral part of these financial statements.
C4
Total
Governmental
General Debt Service Funds
Revenues:
Intergovernmental agreem ent 178,657 9,087,077 9,265,734
Interest 73,984 5,764 79,748
Total Revenues 252,641 9,092,841 9,345,482
Expenditures:
General government 89,356 280,838 370,194
Public works 163,285 - 163,285
Debt service
Principal - 9,440,000 9,440,000
Interest - 178,539 178,539
Total Expenditures 252,641 9,899,377 10,152,018
Net Change in Fund Balances - (806,536) (806,536)
Fund Balances - Beginning (restated)- 806,536 806,536
Fund Balances - Ending - - -
Vail Square Metropolitan District No. 1
Statement of Revenues, Expenditures
For the Year Ended December 31, 2023
Governmental Funds
and Changes in Fund Balances
The accompanying notes are an integral part of these financial statements.
C5
Net change in fund balances for total governmental funds (806,536)
Governmental funds report capital outlays as expenditures. However, in the
Statem ent of Activities, the cost of the assets is allocated over their
estimated useful lives as depreciation expense. This is the net difference
between depreciation and capital additions during the year. Details of these
differences are as follows:
Depreciation and amortization expense (66,079)
(66,079)
Amounts due from Vail Square Metropolitan District No. 2 and No. 3
for capital and service costs are not currently available financial resources
and, therefore, are not reported in the funds. (8,671,480)
The repayment of the principal of long-term debt consumes current financial
resources of governmental funds. This transaction, however, has no effect on
net position. This amount is the net effect of these differences in the
treatement of long-term debt repayments.
Principal repayments - Bonds payable 9,440,000
9,440,000
The change in accrued interest reported in the Statement of Activities does not
require the use of current financial resources and, therefore, is
not reported as an expenditure in governmental funds.38,013
Change in Net Position of Governmental Activities (66,082)
Changes in Fund Balances of Governmental Funds to the
Reconciliation of the Statement of Revenues, Expenditures, and
Vail Square Metropolitan District No. 1
For the Year Ended December 31, 2023
Statement of Activities
The accompanying notes are an integral part of these financial statements.
C6
NOTES TO THE FINANCIAL STATEMENTS
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
D1
I.Summary of Significant Accounting Policies
The Vail Square Metropolitan District No. 1 (the “District”) was established December 5, 2005, as
a quasi-municipal corporation and political subdivision of the State of Colorado. The District was
established as part of a triple district structure with Vail Square Metropolitan District Nos. 2 and 3.
The District is considered the Operating District, and was formed to coordinate the financing and
construction of all public improvements which will be constructed for the use and benefit of all
anticipated inhabitants and taxpayers of Vail Square Metropolitan District Nos. 1-3. Vail Square
Metropolitan District Nos. 2 and 3 are the Financing Districts and as such have paid and will
continue to pay capital and service obligations to the District for the infrastructure in the Districts.
The District’s financial statements are prepared in accordance with generally accepted
accounting principles (“GAAP”). The Governmental Accounting Standards Board (“GASB”) is
responsible for establishing GAAP for state and local governments through its pronouncements
(Statements and Interpretations). The more significant accounting policies established by GAAP
used by the District are discussed below.
A.Reporting Entity
The reporting entity consists of (a) the primary government; i.e., the District, and (b)
organizations for which the District is financially accountable. The District is considered
financially accountable for legally separate organizations if it is able to appoint a voting
majority of an organization's governing body and is either able to impose its will on that
organization or there is a potential for the organization to provide specific financial
benefits, to, or to impose specific financial burdens on, the District. Consideration is also
given to other organizations which are fiscally dependent; i.e., unable to adopt a budget,
levy taxes, or issue debt without approval by the District. Organizations for which the
nature and significance of their relationship with the District are such that exclusion would
cause the reporting entity's financial statements to be misleading or incomplete are also
included in the reporting entity.
Based on the criteria discussed above, the District is not financially accountable for any
other entity, nor is the District a component unit of any other government.
B.Government-wide and Fund Financial Statements
The District’s basic financial statements include both government-wide (reporting the
District as a whole) and fund financial statements (reporting the District’s major funds).
Both the government-wide and fund financial statements categorize primary activities as
governmental type.
1.Government-wide Financial Statements
In the government-wide Statement of Net Position, all balances are reported on a
full accrual, economic resource basis, which recognizes all long-term assets and
receivables as well as long-term debt and obligations.
The government-wide focus is on the sustainability of the District as an entity and
the change in the District’s net position resulting from the current year’s activities.
As a general rule, the effect of interfund activity has been eliminated from the
government-wide financial statements.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D2
I.Summary of Significant Accounting Policies (continued)
B.Government-wide and Fund Financial Statements (continued)
2.Fund Financial Statements
The financial transactions of the District are reported in individual funds in the
fund financial statements. Each fund is accounted for by providing a separate
set of self-balancing accounts that comprises its assets, liabilities, reserves, fund
equity, revenues and expenditures/expenses. The fund focus is on current
available resources and budget compliance.
The District reports the following governmental funds:
The General Fund is the District’s primary operating fund. It accounts for all
financial resources of the District, except those required to be accounted for in
another fund.
The Debt Service Fund accounts for the resources accumulated and payments
made for principal and interest on long-term general obligation debt of the
governmental funds.
C.Measurement Focus, Basis of Accounting, and Financial Statement Presentation
Measurement focus refers to whether financial statements measure changes in current
resources only (current financial focus) or changes in both current and long-term
resources (long-term economic focus). Basis of accounting refers to the point at which
revenues, expenditures, or expenses are recognized in the accounts and reported in the
financial statements. Financial statement presentation refers to classification of revenues
by source and expenses by function.
1.Long-term Economic Focus and Accrual Basis
Governmental activities in the government-wide financial statements use the
long-term economic focus and are presented on the accrual basis of accounting.
Revenues are recognized when earned and expenses are recognized when
incurred, regardless of the timing of the related cash flows.
2.Current Financial Focus and Modified Accrual Basis
The governmental fund financial statements use the current financial focus and
are presented on the modified accrual basis of accounting. Under the modified
accrual basis of accounting, revenues are recorded when susceptible to accrual;
i.e., both measurable and available. “Available” means collectible within the
current period or soon enough thereafter (60 days)to be used to pay liabilities of
the current period. Expenditures are generally recognized when the related
liability is incurred. The exception to this general rule is that principal and interest
on general long-term debt, if any, is recognized when due.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D3
I.Summary of Significant Accounting Policies (continued)
C.Measurement Focus, Basis of Accounting, and Financial Statement Presentation
(continued)
3.Financial Statement Presentation
Amounts reported as program revenues include capital grants and contributions,
including special assessments. Internally dedicated resources are reported as
general revenues rather than as program revenues. Likewise, general revenues
include all taxes and interest income.
D.Financial Statement Accounts
1.Cash and Cash Equivalents
Cash and equivalents are defined as deposits that can be withdrawn at any time
without notice or penalty and investments with maturities of three months or less.
Investments are stated at net asset value or amortized cost. The change in fair
value, net asset value, and amortized cost of investments is recognized as an
increase or decrease to investment assets and investment income. The District’s
investment policy is detailed in note III.A.
2.Receivables
Receivables are reported net of an allowance for uncollectible accounts.There
was no allowance as of December 31, 2023.
3.Capital Assets
Capital assets, which include land, buildings, equipment, vehicles, and
infrastructure assets, are reported in the governmental activity columns in the
government-wide financial statements. The District defines capital assets as
assets with an initial cost of $5,000 or more and an estimated useful life in
excess of five years. Such assets are recorded at historical cost. Donated
capital assets are recorded at estimated fair value at the date of donation.
Infrastructure, buildings, and equipment are depreciated using the straight-line
method over the following estimated useful lives:
Assets Years
Buildings and improvements 20 to 40
Infrastructure 25 to 40
Equipment and machinery 5 to 15
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D4
I.Summary of Significant Accounting Policies (continued)
D.Financial Statement Accounts (continued)
4.Long-term Debt
In the government-wide financial statements, in the fund financial statements,
long-term debt is reported as a liability in the applicable governmental activities,
in the statement of net position.
5.Deferred Outflows and Inflows of Resources
In addition to assets, the Statement of Net Position will sometimes report a
separate section for deferred outflows of resources. This separate financial
statement element, deferred outflows of resources, represents a consumption of
net assets that applies to a future period(s) and so will not be recognized as an
outflow of resources (expense/expenditure) until then. The District does not have
any items to report under this category.
In addition to liabilities, the Statement of Net Position will sometimes report a
separate section for deferred inflows of resources. This separate financial
statement element, deferred inflows of resources, represents an acquisition of
net assets that applies to a future period(s) and so will not be recognized as an
inflow of resources (revenue) until that time.The District does not have any items
to report under this category.
6.Fund Balance
The District classifies governmental fund balances as follows:
Nonspendable -includes fund balance amounts that cannot be spent either
because it is not in spendable form or because of legal or contractual
requirements.
Restricted –includes fund balance amounts that are constrained for specific
purposes which are externally imposed by providers, such as creditors or
amounts constrained due to constitutional provisions or enabling legislation.
Committed –includes fund balance amounts that are constrained for specific
purposes that are internally imposed by the government through formal action of
the highest level of decision making authority which is the Board of Directors.
Assigned –includes spendable fund balance amounts that are intended to be
used for specific purposes that are neither considered restricted or committed.
Fund balance may be assigned by the Board of Directors or its management
designee.
Unassigned -includes residual positive fund balance within the General Fund
which has not been classified within the other above mentioned categories.
Unassigned fund balance may also include negative balances for any
governmental fund if expenditures exceed amounts restricted, committed, or
assigned for those specific purposes.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D5
I.Summary of Significant Accounting Policies (continued)
D.Financial Statement Accounts (continued)
6.Fund Balance (continued)
The District uses restricted amounts first when both restricted and unrestricted
fund balance is available unless there are legal documents/contracts that prohibit
doing this, such as in grant agreements requiring dollar for dollar spending.
Additionally, the District first uses committed, then assigned, and lastly
unassigned amounts of unrestricted fund balance when expenditures are made.
The District does not have a formal minimum fund balance policy. However, the
District’s budget includes a calculation of targeted reserve positions and
management reports the targeted amounts annually to Board of Directors.
E.Use of Estimates
The preparation of financial statements in conformity with GAAP requires the District’s
management to make estimates and assumptions that affect the reported amounts of
assets and liabilities, the disclosure of contingent assets and liabilities at the date of the
financial statements, and the reported amount of revenues and expenditures or expenses
during the reporting period. Actual results could differ from those estimates.
II. Stewardship, Compliance, and Accountability
A.Budgetary Information
In the fall of each year, the District's Board of Directors formally adopts a budget with
appropriations by fund for the ensuing year pursuant to the Local Government Budget
Law of Colorado. The budgets for the funds are adopted on a basis consistent with
generally accepted accounting principles (“GAAP”).
As required by Colorado statutes, the District followed the following timetable in
approving and enacting a budget for 2023:
(1)For the 2023 budget year, prior to August 25, 2022, the County Assessor sent to
the District the certified assessed valuation of all taxable property within the
District’s boundaries and prior to December 10, 2022, the County Assessor sent
the final recertified assessed valuation to the District.
(2)On or before October 15, 2022, the District’s accountant submitted to the
District’s Board of Directors a recommended budget which detailed the
necessary property taxes needed along with other available revenues to meet
the District’s operating requirements.
(3)A public hearing on the proposed budget and capital program was held by the
Board no later than 45 days prior to the close of the fiscal year.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D6
II. Stewardship, Compliance, and Accountability (continued)
A.Budgetary Information (continued)
(4)For the 2023 budget, prior to December 15, 2022, the District computed and
certified to the County Commissioners a rate of levy that derived the necessary
property taxes as computed in the proposed budget.
(5)For the 2023 budget, the final budget and appropriating resolution was adopted
prior to December 31, 2022.
After adoption of the budget resolution, the District may make the following changes: a) it
may transfer appropriated monies between funds or between spending agencies within a
fund, as determined by the original appropriation level; b) it may approve supplemental
appropriations to the extent of revenues in excess of the estimated in the budget; c) it
may approve emergency appropriations; and d) it may reduce appropriations for which
originally estimated revenues are insufficient.
Taxes levied in one year are collected in the succeeding year. Thus, taxes certified in
2022 were collected in 2023 and taxes certified in 2023 will be collected in 2024. Taxes
are due on January 1st in the year of collection; however, they may be paid in either one
installment (no later than April 30th) or two equal installments (not later than February 28th
and June 15th) without interest or penalty. Taxes which are not paid within the prescribed
time bear interest at the rate of one percent (1%) per month until paid. Unpaid amounts
and the accrued interest thereon become delinquent on June 15th.
The level of control in the budget at which expenditures exceed appropriations is at the
fund level. All appropriations lapse at year end.The District’s General Fund exceeded
appropriations by $7,591 for 2023, which may be a violation of Colorado State Statute.
B.TABOR Amendment
In November 1992, Colorado voters amended Article X of the Colorado Constitution by
adding Section 20, commonly known as the Taxpayer's Bill of Rights (“TABOR”). TABOR
contains revenue, spending, tax and debt limitations that apply to the State of Colorado
and local governments. TABOR requires, with certain exceptions, advance voter
approval for any new tax, tax rate increase, mill levy above that for the prior year,
extension of any expiring tax, or tax policy change directly causing a net tax revenue gain
to any local government. Any revenues earned in excess of the fiscal year spending limit
must be refunded in the next fiscal year, unless voters approve retention of such excess
revenue.
Except for refinancing bonded debt at a lower interest rate or adding new employees to
existing pension plans, TABOR requires advance voter approval for the creation of any
multiple-fiscal year debt or other financial obligation unless adequate present cash
reserves are pledged irrevocably and held for payments in all future fiscal years.
TABOR also requires local governments to establish an emergency reserve to be used
for declared emergencies only. The reserve is calculated at 3% of fiscal year spending.
Fiscal year spending excludes bonded debt service and enterprise spending. The District
has reserved $7,580, which is the approximate required reserve, at December 31, 2023.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D7
II.Stewardship, Compliance, and Accountability (continued)
B.TABOR Amendment (continued)
Under TABOR, the initial base for local government spending and revenue limits is
December 31, 1992 fiscal year spending. The District’s first year of operations ended
December 31, 1995. Future spending and revenue limits are determined based on the
prior year’s fiscal year spending adjusted for inflation in the prior calendar year plus
annual local growth. Fiscal year spending is generally defined as expenditures and
reserve increases with certain exceptions. Revenue, if any, in excess of the fiscal year
spending limit must be refunded in the next fiscal year unless voters approve retention of
such revenue.
The electorate of the District authorized property taxes to be increased up to $1,500,000
in 2005, plus up to an additional $3,000,000 in 2007, and each year thereafter to pay the
Districts operations, maintenance, and other expenses, such amounts to increase
annually in an amount not to exceed the applicable limitations of Article X, Section 20 of
the Colorado Constitution and Colorado Law.
The District’s electorate further approved that the District’s taxes be increased
$120,000,000 annually, or by such lesser annual amount as may be necessary to pay the
District’s general or special obligation bonds,revenue bonds or other multiple fiscal year
financial obligations, including contracts, issued for the purpose of refunding, paying or
defeasing, in whole or in part, bonds, notes or other financial obligations of the District.
Such taxes may consist of an ad valorem property tax mill levy imposed without limitation
of rate and in amounts sufficient to produce the annual increase set forth above or such
lesser amount as may be necessary. The revenue from such taxes and any other monies
used to pay such general or special obligation bonds, revenue bonds or other multiple
fiscal year financial obligations costs, and investment income thereon, may be collected
and spent by the District without regard to any expenditure, revenue raising, or other
limitation contained within Article X, Section 20 of the Colorado Constitution.
The District’s management believes it is in compliance with the financial provisions of
TABOR. However, TABOR is complex and subject to interpretation. Many of its
provisions, including the interpretation of how to calculate fiscal year spending limits, will
require judicial interpretation.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D8
II.Stewardship, Compliance, and Accountability (continued)
C.Authorized But Unissued Debt
Pursuant to C.R.S. 32-1-1101(2) a District is authorized to issue bonds for a period up to
twenty years following the date of the election at which such bonds were authorized by
the District’s voters. The District has the following remaining authorizations at December
31, 2023:
Da te of Au th orization Au th orization
Auth orization Am ount Used Re maining
Street Fac ilities 11/1/2005 20,000,000 8,785,393 11,214,607
Drai nage Facilities 11/1/2005 2,000,000 - 2,000,000
Securi ty Fac ilities 11/1/2005 1,000,000 - 1,000,000
Tr affi c/Safe ty Prot ec tion Fac ilities 11/1/2005 2,000,000 851,532 1,148,468
Operat ions and Adminis trat ion 11/1/2005 20,000,000 - 20,000,000
Cos ts of Acqui ring/Cons truc ting Fac ilities 11/1/2005 20,000,000 - 20,000,000
Cos ts of Acqui ring/Cons truc ting Fac ilities 11/1/2005 20,000,000 - 20,000,000
Water Fac ilities 11/6/2007 5,000,000 1,795,410 3,204,590
Sani tary Sewer Facilities 11/6/2007 5,000,000 1,795,410 3,204,590
Park s and Rec reat ion 11/6/2007 5,000,000 2,532,490 2,467,510
Publ ic Trans port at ion 11/6/2007 5,000,000 - 5,000,000
Mosqui to Cont rol 11/6/2007 1,000,000 - 1,000,000
Fire Protec tion 11/6/2007 5,000,000 - 5,000,000
Te levis ion Rel ay 11/6/2007 1,000,000 239,765 760,235
Operat ions and Adminis trat ion 11/6/2007 5,000,000 - 5,000,000
Refunding 11/1/2005 40,000,000 - 40,000,000
157,000,000 16,000,000 141,000,000
Purpose
III.Detailed Notes on all Funds
A.Deposits and Investments
The District’s deposits are entirely covered by federal depository insurance (“FDIC”) or by
collateral held under Colorado’s Public Deposit Protection Act (“PDPA”). The FDIC
insures the first $250,000 of the District’s deposits at each financial institution. Deposit
balances over $250,000 are collateralized as required by PDPA. The carrying amount of
the District’s demand deposits was $9,390 at year end.
Colorado statutes specify investment instruments meeting defined rating and risk criteria
in which local governments, and entities such as the District, may invest which include:
Obligations of the United States and certain U.S. government agency securities
Certain international agency securities
General obligation and revenue bonds of U.S. local government entities
Bankers’acceptances of certain banks
Commercial paper
Written repurchase agreements collateralized by certain authorized securities
Certain money market mutual funds
Guaranteed investment contract
Local government investment pools
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D9
III.Detailed Notes on all Funds (continued)
A.Deposits and Investments (continued)
Interest Rate Risk.As a means of limiting its exposure to interest rate risk, the District
diversifies its investments by security type and institution, and limits holdings in any one
type of investment with any one issuer and type of issuer. The District coordinates its
investment maturities to closely match cash flow needs and restricts the maximum
investment term to less than five years (less in some cases) from the purchase date. As
a result of the limited length of maturities the District has limited its interest rate risk.
Credit Risk.District investment policy limits investments to those authorized by State
statutes. The District’s general investment policy is to apply the prudent-person rule:
investments are made as a prudent person would be expected to act, with discretion and
intelligence, to seek reasonable income, preserve capital, and, in general, avoid
speculative investments.
Concentration of Credit Risk.The District diversifies its investments by security type and
institution. Financial institutions holding District funds must provide the District a copy of
the certificate from the Banking Authority that states that the institution is an eligible
public depository.
At year end, the District had the following deposits and investments with the following
maturities:
Standa rd Te rm to Ma tu rity
& Poors Ca rrying Le ss than More tha n
Ra ti ng Am ounts one year one year
Depos its:
Chec king and savi ngs Not rat ed 9,390 9,390 -
Investment s:
Inve stment pool AAAm 1,084,289 1,084,289 -
1,093,679 1,093,679 -
At December 31, 2023, the District had the following recurring fair value measurements.
Total
CS AFE 1,084,289
1,084,289
Inve st ments Me asure d
at Amorti zed Cost
Fair Value of Investments.The District measures and records its investments using fair
value measurement guidelines established by generally accepted accounting principles.
These guidelines recognize a three-tiered fair value hierarchy, as follows:
Level 1: Quoted prices for identical investments in active markets;
Level 2: Observable inputs other than quoted market prices; and,
Level 3: Unobservable inputs.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D10
III.Detailed Notes on all Funds (continued)
A.Deposits and Investments (continued)
Investments classified in Level 1 are valued using prices quoted in active markets for
those securities. Investments classified in Level 2 are valued using the following
approaches:
U.S. Treasuries, U.S. Agencies, and Commercial Paper: quoted prices for identical
securities in markets that are not active;
Repurchase Agreements, Negotiable Certificates of Deposit, and Collateralized Debt
Obligations: matrix pricing based on the securities’ relationship to benchmark quoted
prices;
Money Market, Bond, and Equity Mutual Funds: published fair value per share (unit)
for each fund.
The Investment Pool represents investments in CSAFE. The net asset value of the pool
is determined by the pool’s share price. The District has no regulatory oversight for the
pool. At December 31, 2023, the District’s investments in CSAFE were 100%of the
District’s investment portfolio.
The District had invested $1,084,289 in the Colorado Surplus Asset Fund (“CSAFE”).
The Trust is an investment vehicle established for local government entities in Colorado
to pool surplus funds. The State Securities Commissioner administers and enforces all
State statutes governing the Trust. The Trust operates similarly to a money market fund,
measured at net asset value, and each share is equal in value to $1.00. Investments
consist of U.S. Treasury bills, notes and note strips and repurchase agreements
collateralized by U.S. Treasury securities. A designated custodial bank provides
safekeeping and depository services in connection with the direct investment and
withdrawal functions. Substantially all securities owned are held by the Federal Reserve
Bank in the account maintained for the custodial bank.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D11
III.Detailed Notes on all Funds (continued)
B. Capital Assets
An analysis of the changes in capital assets for the year ended December 31, 2023,
follows:
Be ginning En ding
Ba lance Incre ases De cre ases Ba lance
Capital assets, being deprec iated:
Land imrpovements 1,428,437 - - 1,428,437
Signage 211,913 - - 211,913
Ut ility improvement s 223,545 - - 223,545
To tal capital assets 1,863,895 - - 1,863,895
Less accumulat ed deprec iation for:
Land imrpovement s (828,496) (57,137) - (885,633)
Signage (211,913) - - (211,913)
Ut ility improvement s (129,658) (8,942) - (138,600)
To tal ac cumulat ed deprec iation (1,170,067) (66,079) - (1,236,146)
Ne t Ca pita l Asse ts 693,828 (66,079) - 627,749
Depreciation expense and capital outlay expenditures are classified by function as
follows:
Ca pi ta l De pre ciation
Outl ay Ex pe nse
Publ ic work s - 66,079
- 66,079
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D12
III.Detailed Notes on all Funds (continued)
C.Long-term Obligations
2008B Tax-Exempt Loan
The District obtained a $14,000,000 tax-exempt loan on July 23, 2008. Interest is payable
semiannually on June 1 and December 1, commencing December 1, 2008. The loan
matures in various amounts through 2023 and bears interest equal to 65% of the 1-month
LIBOR rate plus 125 basis points. The loan is a general obligation of the District and
supported by a Joint Funding Agreement between the District and the Financing Districts.
The Joint Funding Agreement generally provides that the Financing Districts will assess
mill levies to collect property taxes which will be paid to the District to be used to pay the
principal and interest payments required by the loans and interest rate swaps.
The loan was obtained to finance the design, acquisition, construction, relocation,
installation, completion and provision of public improvements and facilities. The District
also used loan proceeds to repay a portion of the long-term obligation to the Developer.
The 2008B loan may be prepaid, in whole or in part, on any date prior to July 23, 2013
upon payment of the principal amount so prepaid plus accrued interest thereon to the
date of prepayment, together with a prepayment penalty in an amount equal to three
percent of the principal amount prepaid.
The District entered into a $14,000,000 interest rate swap to effectively convert the
2008B loan from a variable-rate loan to a hedged loan with a synthetic fixed interest rate
of 4.61%. The loan was fully repaid during 2023.
1.Change in Long-term Obligations
Be gi nning En ding Due Within
Ba lance Ad diti ons Re ductions Ba la nce One Year
2008B Tax -E xempt Loan 9,440,000 - (9,440,000) - -
9,440,000 - (9,440,000) - -
IV.Other Information
A.Risk Management
Colorado Special Districts Property and Liability Pool
The District is exposed to various risks of loss related to torts; theft of, damage to, and
destruction of assets; errors and omission; and general liability. The District is a member
of the Colorado Special District Property and Liability Pool (“Pool”) for property and
liability insurance.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D13
IV.Other Information (continued)
A.Risk Management (continued)
Colorado Special Districts Property and Liability Pool (continued)
The Pool was formed by an intergovernmental agreement to provide public officials,
property, general and automobile liability coverage for claims up to $1,000,000, except if
the claim falls within the government immunity statute, then the coverage is $150,000 per
person and a $600,000 aggregate claim. The Pool is reinsured for 80% of the first
$250,000 of all claims and 100% for claims in excess of $250,000. The District may be
required to make additional contributions in the event aggregate losses incurred by the
Pool exceed amounts recoverable from reinsurance contracts. Any excess funds, which
the Pool determines are not needed for purposes of the Pool may be returned to the
members pursuant to a distribution formula. Any settled claims are not expected to
exceed coverage. A summary of audited statutory basis financial information for the Pool
as of and for the year ended December 31, 2023 (the latest available information) is as
follows:
Asse ts 81,143,798
Liabilities 58,670,068
Capital and surpl us 22,473,730
Tota l 81,143,798
Revenue 29,593,851
Underwrit ing ex pens es 31,416,477
Underwriting gain (los s)(1,822,626)
Ot her inc ome 1,695,393
Ne t income (loss)(127,233)
B.Commitments and Contingencies
During the normal course of business, the District may incur claims and other assertions
against it from various agencies and individuals. Management of the District and their
legal representatives have disclosed that they are not aware of any material outstanding
claims against the District at December 31, 2023.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D14
V.Intergovernmental Agreements
A.Joint Funding Agreement
The Operating District obtained two loans in the aggregate principal amount of
$16,000,000 on July 23, 2008 for the purpose of constructing certain public infrastructure
(the “Facilities”) for the benefit of the Districts. Concurrent with obtaining the loans the
Operating District entered into a Joint Funding Agreement with the Financing Districts to
provide funding to the Operating District for the repayment of the loans. The Joint
Funding Agreement generally provides that the Financing Districts will assess mill levies
to collect property tax revenues which will be paid to and used by the Operating District to
pay Financing Costs related to the loans. Financing Costs are defined as the principal
and interest payments required by debt and interest rate swaps obtained or entered into
by the Districts, including replenishment of debt reserve funds.
Concurrent with District No. 3 obtaining the refunding loan in the principal amount of
$9,400,000 on April 1, 2023 (the “2023 Loan”), the Joint Funding Agreement described
above was replaced with the Amended and Restated Joint Funding Agreement, dated as
of April 1, 2023, among the Operating District and Financing Districts. The Amended and
Restated Joint Funding Agreement generally provides that the Financing Districts will
assess mill levies to collect property tax revenues which will be paid to and used by the
District No. 3 to pay Financing Costs related to the 2023 Loan. Financing Costs are
defined as the principal and interest payments required by debt entered into by the
Districts, including replenishment of debt reserve funds.
In 2023, the mill levy assessed for collection in 2024 was 23.000 mills in Vail Square
Metropolitan District No. 2, with 20.000 mills allocated for the Amended and Restated
Joint Funding Agreement and 3.000 mills for the District Coordinating Services
Agreement; and, 14.797 mills in Vail Square Metropolitan District No. 3, with 11.797 mills
allocated for the Amended and Restated Joint Funding Agreement and 3.000 mills for the
District Coordinating Services Agreement.
B.District Facilities Joint Financing, Construction and Service Agreement
The Agreement generally provides an obligation for the Financing Districts to pay for the
acquisition and construction of the Facilities (defined above), to the extent not funded by
the Joint Funding Agreement (the Capital Obligation), and operation and maintenance of
the Facilities and administrative expenses incurred by the Operating District (the Service
Obligation). The Financing Districts are obligated to generate and pay to the Operating
District certain tax and other revenues to fund the Capital Obligation and the Service
Obligation.
In any given year the Financing Districts are obligated to fund such portion of the Capital
and Service Obligations as may be funded with the District taxes available from
imposition of a subordinate mill levy, together with other charges imposed by the
Financing Districts.
The Agreement specifies certain termination rights on the part of the Districts. Various
limitations and conditions to such termination rights exist and reference to the text of the
Agreement should be made for specific terms.
This agreement was terminated and replaced by the District Coordinating Services
Agreement on November 13, 2023.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D15
V.Intergovernmental Agreements (continued)
C.District Coordinating Services Agreement
The Operating District and Financing Districts entered into the District Coordinating
Service Agreement on November 13, 2023. The Agreement terminated the District
Facilities Joint Financing, Construction and Service Agreement. The Agreement generally
provides an obligation for the Districts to pay for the operation and maintenance of the
Facilities and administrative expenses incurred by the Operating District (the “Service
Obligation”). The Financing Districts are obligated to generate and pay to the Operating
District certain tax and other revenues to fund the Service Obligation.The Operating
District is responsible for preparing annual preliminary budget proposals to the Financing
Districts for their consideration. The Financing Districts are required to deposit 1/12th of
the annual costs from the budget with the Coordinating District on a monthly basis.
The Operating District has recorded deferred service obligation revenue from the
Financing Districts as of December 31, 2023 in the amounts of $842,809 and $296,122
which represents prepaid service obligations. The capital costs incurred for infrastructure
construction and costs related to issuance of and debt service on the loans in the
Operating District have been fully repaid and not Capital Obligations is outstanding to the
Operations District.
The Agreement specifies certain termination rights on the part of the Districts. Various
limitations and conditions to such termination rights exist and reference to the text of the
Agreement should be made for specific terms.
D.Pledge Agreements
The Districts have entered into an Intergovernmental Agreement and Amended and
Restated Pledge Agreement with the Vail Reinvestment Authority.
Under these agreements and in consideration for the Districts’ commitment to undertake
construction of certain public improvements, the Vail Reinvestment Authority agrees to
transfer to the Districts the District Tax Increment Revenues, to which the Authority would
otherwise be entitled under an Urban Renewal Plan relating to the project.
Under the second agreement the Authority pledged the Tax Incremental Revenue to the
2008 Loan.
The Districts entered into an Amended and Restated Pledge Agreement on April 1, 2023
with Vail Reinvestment Authority. The agreement replaces the previous pledge
agreement and pledges the Authority’s Debt Service District Tax Increment Revenues to
District No. 3 to assist with repayment of the 2023 Loan and Operations District Tax
Increment Revenues to District No. 1 to assist with paying the Financing Districts
operation and maintenance costs.
Vail Square Metropolitan District No. 1
Notes to the Financial Statements
December 31, 2023
(continued)
D16
VI.Other Information
The District's Board of Directors are either officers or employees of or have business or
professional relationships with the Developer. The District had the following payments to related
parties via certain agreements within Note V for the year ended December 31, 2023:
Purpose Am ount
Operations 28,348
Snowm elt 134,937
163,285
VII.Restatement of Fund Balance
The District’s Fund Balance was restated and reduced by $1,231,126 for a change in the
calculation of the Service Obligation as described in note V.B.
REQUIRED SUPPLEMENTARY INFORMATION
Final
Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)
Revenues:
Intergovernmental agreement 151,600 54,387 178,657 124,270
Interest 36,282 72,000 73,984 1,984
Total Revenues 187,882 126,387 252,641 126,254
Expenditures:
General government:
Accounting and auditing 26,650 43,600 50,544 (6,944)
Insurance 4,100 3,400 3,397 3
Legal 17,750 25,000 27,444 (2,444)
Administration - Other 8,000 1,630 1,553 77
Intergovernmental agreement 3,254 6,420 6,418 2
Public works:
Operations expense 19,950 18,000 28,348 (10,348)
Snowmelt 57,000 137,000 134,937 2,063
Contingency 10,000 10,000 - 10,000
Total General Government Expenditures 146,704 245,050 252,641 (7,591)
Net Change in Fund Balance 41,178 (118,663) - 118,663
Fund Balance - Beginning (restated)1,209,391 1,231,126 - (1,231,126)
Fund Balance - Ending 1,250,569 1,112,463 - (1,112,463)
Vail Square Metropolitan District No. 1
Schedule of Revenues, Expenditures and Changes in Fund Balance
Budget and Actual
Governmental Funds - General Fund
For the Year Ended December 31, 2023
E1
SUPPLEMENTARY INFORMATION
Final
Budget
Variance
Original Final Positive
Budget Budget Ac tual (Negative)
Revenues:
Intergovernmental agreement 757,062 9,087,080 9,087,077 (3)
Interest 10,000 17,100 5,764 (11,336)
Total Revenues 767,062 9,104,180 9,092,841 (11,339)
Expenditures:
General government:
Intergovernmental agreement - 282,176 280,838 1,338
Treasurer fees - - - -
Debt service:
Principal 557,000 9,440,000 9,440,000 -
Interest 509,921 178,540 178,539 1
Paying agent fees 1,000 - - -
Bond issuance costs 300,000 - - -
Contigency - 10,000 - 10,000
Total Expenditures 1,367,921 9,910,716 9,899,377 11,339
Excess of Revenues Over (Under)
Expenditures (600,859) (806,536) (806,536) -
Other Financing Sources (Uses):
Bond proceeds 9,906,000 - - -
Refunding payment to escrow agent (9,440,000) - - -
Total Other Financing (Uses)466,000 - - -
Net Change in Fund Balance (134,859) (806,536) (806,536) -
Fund Balance - Beginning 787,128 806,536 806,536 -
Fund Balance - Ending 652,269 - - -
Schedule of Revenues, Expenditures and Changes in Fund Balance
Vail Square Metropolitan District No. 1
For the Year Ended December 31, 2023
Governmental Funds - Debt Service Fund
Budget and Actual
F1
3
EXHIBIT B
Solaris Metropolitan District No. 2
2023 Audit
Vail Square Metropolitan District No. 2
Financial Statements
December 31, 2023
Vail Square Metropolitan District No. 2
Financial Statements
December 31, 2023
Table of Contents
Page
INDEPENDENT AUDITOR'S REPORT A1 – A3
Management’s Discussion and Analysis B1 – B4
Government-wide Financial Statements:
Statement of Net Position C1
Statement of Activities C2
Fund Financial Statements:
Balance Sheet -Governmental Funds C3
Reconciliation of the Balance Sheet of Governmental Funds to the
Statement of Net Position C4
Statement of Revenues, Expenditures and Changes in
Fund Balances -Governmental Funds C5
Reconciliation of the Statement of Revenues, Expenditures and Changes in
Fund Balances of Governmental Funds to the Statement of Activities C6
Notes to the Financial Statements D1 – D14
Required Supplementary Information:
Schedule of Revenues, Expenditures and Changes in
Fund Balance -Budget and Actual -Governmental Funds:
General Fund E1
Supplementary Information:
Schedule of Revenues, Expenditures and Changes in
Fund Balance -Budget and Actual -Governmental Funds:
Debt Service Fund F1
McMahan and Associates, l.l.c.
Certified Public Accountants and Consultants
Web Site: www.mcmahancpa.com
Chapel Square, Bldg C Main Office: (970) 845-8800
245 Chapel Place, Suite 300 Facsimile: (970) 845-8108
P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com
Member: American Institute of Certified Public Accountants
Paul J. Backes, CPA, CGMA Avon: (970) 845-8800
Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996
Matthew D. Miller, CPA Frisco: (970) 668-3481
A1
M
&
A
INDEPENDENT AUDITOR'S REPORT
To the Board of Directors
Vail Square Metropolitan District No. 2
Vail, Colorado
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities and each major
fund of Vail Square Metropolitan District No. 2 (the “District”), as of and for the year ended December 31,
2023,and the related notes to the financial statements,which collectively comprise the District’s basic
financial statements as listed in the Table of Contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the
respective financial position of the governmental activities and each major fund of the District, as of
December 31, 2023 and the respective changes in financial position thereof for the year then ended in
accordance with accounting principles generally accepted in the United States of America (“U.S. GAAP”).
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America (“U.S. GAAS”). Our responsibilities under those standards are further described in the Auditor’s
Responsibilities for the Audit of the Financial Statements section of our report. We are required to be
independent of the District and to meet our other ethical responsibilities, in accordance with the relevant
ethical requirements relating to our audit. We believe that the audit evidence we have obtained is
sufficient and appropriate to provide a basis for our audit opinions.
Emphasis of Matter
As discussed in note VI, the District’s fund balance and net position were restated for the correction of an
error in the previous year. Our opinion is not modified as a result of this.
Responsibilities of Management for the Financial Statements
The District’s management is responsible for the preparation and fair presentation of the financial
statements in accordance with U.S. GAAP, and for the design, implementation, and maintenance of
internal control relevant to the preparation and fair presentation of financial statements that are free from
material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or
events, considered in the aggregate, that raise substantial doubt about the District’s ability to continue as
a going concern for one year after the date that the financial statements are issued.
INDEPENDENT AUDITOR’S REPORT
To the Board of Directors
Vail Square Metropolitan District No. 2
A2
Auditor’s Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are
free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that
includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance
and therefore is not a guarantee that an audit conducted in accordance with U.S. GAAS will always detect
a material misstatement when it exists. The risk of not detecting a material misstatement resulting from
fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional
omissions, misrepresentations, or the override of internal control. Misstatements are considered material
if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment
made by a reasonable user based on the financial statements.
In performing an audit in accordance with U.S. GAAS, we:
Exercise professional judgment and maintain professional skepticism throughout the audit.
Identify and assess the risks of material misstatement of the financial statements, whether due to
fraud or error, and design and perform audit procedures responsive to those risks. Such
procedures include examining, on a test basis, evidence regarding the amounts and disclosures
in the financial statements.
Obtain an understanding of internal control relevant to the audit in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of expressing an
opinion on the effectiveness of the District’s internal control. Accordingly, no such opinion is
expressed.
Evaluate the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluate the overall presentation of the
financial statements.
Conclude whether, in our judgment, there are conditions or events, considered in the aggregate,
that raise substantial doubt about the District’s ability to continue as a going concern for a
reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters,
the planned scope and timing of the audit, significant audit findings, and certain internal control–related
matters that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Management’s
Discussion and Analysis in Section B be presented to supplement the basic financial statements. Such
information is the responsibility of management and, although not a part of the basic financial statements,
is required by the Governmental Accounting Standards Board who considers it to be an essential part of
financial reporting for placing the basic financial statements in an appropriate operational, economic, or
historical context. We have applied certain limited procedures to the required supplementary information
in accordance with auditing standards generally accepted in the United States of America, which
consisted of inquiries of management about the methods of preparing the information and comparing the
information for consistency with management’s responses to our inquiries, the basic financial statements,
and other knowledge we obtained during our audit of the basic financial statements. We do not express
an opinion or provide any assurance on the information because the limited procedures do not provide us
with sufficient evidence to express an opinion or provide any assurance.
The budgetary comparison information in section E is not a required part of the basic financial statements
but is supplementary information required by U.S. GAAP. The budgetary comparison information has
been subjected to the auditing procedures applied in the audit of the financial statements and certain
additional procedures, including comparing and reconciling such information directly to the underlying
accounting and other records used to prepare the financial statements or to the financial statements
themselves, and other additional procedures in accordance with U.S. GAAS. In our opinion, the
information is fairly stated in all material respects in relation to the financial statements as a whole.
INDEPENDENT AUDITOR’S REPORT
To the Board of Directors
Vail Square Metropolitan District No. 2
A3
Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively
comprise the District’s financial statements as a whole. The individual fund budgetary comparison in
Section F is presented for purposes of additional analysis and are not a required part of the basic
financial statements.
The budgetary comparison found in Section F is the responsibility of management and was derived from
and relate directly to the underlying accounting and other records used to prepare the financial
statements. The information has been subjected to the auditing procedures applied in the audit of the
basic financial statements and certain additional procedures, including comparing and reconciling such
information directly to the underlying accounting and other records used to prepare the financial
statements or to the financial statements themselves, and other additional procedures in accordance with
auditing standards generally accepted in the United States of America. In our opinion, the information is
fairly stated in all material respects in relation to the financial statements as a whole.
McMahan and Associates, L.L.C.
Avon, Colorado
September 30, 2024
MANAGEMENT’S DISCUSSION AND ANALYSIS
- B1 -
Vail Square Metropolitan District No. 2
Management’s Discussion and Analysis
December 31, 2023
As management of Vail Square Metropolitan District No. 2 (the “District”), we offer
readers of the District’s financial statements this narrative overview and analysis of the
financial activities of the District for the fiscal year ended December 31, 2023.
Overview of the Financial Statements
This discussion and analysis is intended to serve as an introduction to the District’s basic
financial statements. The District’s basic financial statements are composed of three
components: 1) government-wide financial statements; 2) fund financial statements; and
3) notes to the financial statements. This report also contains additional other information
after the notes to the financial statements.
Government-wide financial statements. The government-wide financial statements are
designed to provide readers with a broad overview of the District’s finances, in a manner
similar to a private-sector business.
The Statement of Net Position presents information on all of the District’s assets,
liabilities, and deferred inflows with the difference reported as net position. Over time,
increases or decreases in net position may serve as a useful indicator of whether the
financial position of the District is improving or deteriorating.
The Statement of Activities presents information showing how the government’s net
position changed during the most recent fiscal year. All changes in net position are
reported as soon as the underlying event giving rise to the change occurs, regardless of
the timing of related cash flows. Thus, revenues and expenses are reported in this
statement for some items that will only result in cash flows in future fiscal periods.
The governmental activity of the District is primarily financing the Intergovernmental
Service Costs and Capital Costs due to Vail Square Metropolitan District No. 1. There are
no business-type activities within the District.
The government-wide financial statements can be found on pages C1 and C2 of this
report.
Fund financial statements. A fund is a grouping of related accounts that is used to
maintain control over resources that have been segregated for specific activities or
objectives. The District, like other state and local governments, uses fund accounting to
ensure and demonstrate compliance with finance-related legal requirements. The District
currently has two funds, the General Fund and the Debt Service Fund, both of which are
governmental funds.
- B2 -
Governmental funds. Governmental funds are used to account for essentially the same
functions reported as governmental activities in the government-wide financial
statements. However, unlike the government-wide financial statements, governmental
fund financial statements focus on near-term inflows and outflows of expendable
resources, as well as on balances of expendable resources available at the end of the fiscal
year. Such information may be useful in evaluating a government’s near-term financing
requirements.
Because the focus of governmental funds is narrower than that of the government-wide
financial statements, it is useful to compare the information presented for governmental
funds with similar information presented for governmental activities in the government-
wide financial statements. By doing so, readers may better understand the long-term
impact of the government’s near-term financing decisions.
A reconciliation of the fund balance as reported in the governmental funds to the net
position reported in the government-wide financial statements and a reconciliation of the
net change in fund balance to the change in net position has been provided to facilitate
the comparison between governmental funds and governmental activities.
The fund financial statements are contained on pages C2 through C6 of the report.
Notes to the financial statements. The notes provide additional information that is
essential to a full understanding of the data provided in the government-wide and fund
financial statements. The notes to the financial statements can be found starting on page
D1 of this report.
(Table shown on following page; remainder of page intentionally left blank to
accommodate table.)
- B3 -
Condensed Financial Information
A condensed comparative summary of the District’s government-wide assets, liabilities,
deferred inflows, net position, revenues and expenditures follows:
2023 2022
ASSETS:
Current assets 759,987$ 585,762$
Non-current assets 842,809$ -$
Total Assets 1,602,796 585,762
LIABILITIES & DEFERRED INFLOWS:
Current liabilities 242,535 27,597
Non-current liabilities 6,202,395 6,175,492
Total Liabilities 6,444,930 6,203,089
Deferred inflows of resources 463,098 513,936
NET POSITION:
Restricted 25,730 25,061
Unrestricted (5,330,962) (6,156,324)
Total Net Position (5,305,232)$ (6,131,263)$
REVENUES:
Property and other taxes 1,014,665$ 1,041,004$
Interest and other revenue 12,976 2,423
Total Revenues 1,027,641 1,043,427
EXPENSES:
General government 1,547,835 237,514
Total Expenses 1,547,835 237,514
Change in Net Position (520,194) 805,913
Net Position - Beginning (4,785,038) (6,937,176)
2022 Restatement -1,346,225
Net Position - Ending (5,305,232)$ (4,785,038)$
Governmental
Activities
- B4 -
The District is one of the “financing districts” in a triple district structure whereby the
District is supporting financing the construction of infrastructure being coordinated by
Vail Square Metropolitan District No. 1. The District consists of residential properties
whereas the commercial properties are in District No. 3. Financing, constructing and
operating the infrastructure was initially furnished through a District Facilities Joint
Financing Construction and Service Agreement which has now been replaced with a
District Coordinating Services Agreement among the District and Vail Square
Metropolitan District Nos. 1 and 3. During 2023 District No. 3 assumed the loan that was
initially taken out by District No. 1 to finance the infrastructure. In conjunction with
District No. 3 assuming the obligation for the loan, District No. 2 moved its capital
pledge from No. 1 to No. 3. Government-wide Financial Analysis. During 2023 the District’s primary activity was
to collect property taxes to pay the debt service payments and to pay the service
obligation to District No. 1 for the infrastructure in the Districts.
Financial Analysis of the District’s Funds
As mentioned earlier, the District uses fund accounting to ensure and demonstrate
compliance with finance-related legal requirements.
Governmental Funds. The focus of the District’s governmental funds is to provide
information on near-term inflows, outflows, and balances of expendable resources. Such
information is useful in assessing the District’s financing requirements. In particular,
unassigned fund balance may serve as a useful measure of a government’s net resources
available for spending at the end of the fiscal year. As of the end of the current fiscal
year, the District’s governmental funds reported a combined ending fund balance of
$897,163. Of this fund balance, $842,809 is nonspendable as it has been prepaid to
District No. 1 to be used to provide future services to the District’s constituents and
$25,500 is restricted for future debt service.
The District adopts budgets for each fund on an annual basis. A budgetary comparison
has been provided on page E1 for the General Fund and on page F1 for the Debt Service
Fund.
Capital assets. All capital assets inside of the District boundaries are constructed and
operated by District No. 1. Therefore, no capital assets are reported by the District.
Long-term debts. District No. 2 is an additional obligor for the annual financing costs
related to District No. 3 2023 Unlimited Tax General Obligation Refunding Loan as more
fully described in the Amended and Restated Joint Funding Agreement between the
Districts dated April 1, 2023. More details and information related to the District’s
obligation under the Amended and Restated Joint Funding Agreement can be found in the
Notes to the Financial Statement in Note V. A. on page D12 of this report.
Request for Information
This financial report is designed to provide a general overview of the District’s finances
for all those with an interest in the government’s finances. Questions concerning any of
the information provided in this report or requests for additional financial information
should be addressed to Marchetti & Weaver LLC, 28 Second Street, Suite 213, Edwards,
CO 81632 or you may call (970) 926-6060.
GOVERNMENT-WIDE FINANCIAL STATEMENTS
Assets:
Cash and investm ents 292,834
Amounts due from Treasurer 4,055
Property taxes receivable 463,098
Prepaid service obligation to VSMD No. 1 842,809
Total Assets 1,602,796
Liabilities:
Current liabilities due in less than one year:
Amounts due to VMD No. 1 & 3 216,660
Amounts due to Vail Reinvestm ent Authority 25,875
Non-current liabilities due in excess of one year:
Capital obligation to VSMD No. 3 6,202,395
Total Liabilities 6,444,930
Deferred Inflow of Resources:
Property tax revenue 463,098
Total Deferred Inflow of Resources 463,098
Net Position:
Restricted for debt service 25,500
Restricted for emergencies 230
Unrestricted (5,330,962)
Total Net Position (5,305,232)
December 31, 2023
Statement of Net Position
Vail Square Metropolitan District No. 2
The accompanying notes are an integral part of these financial statements.
C1
Net (Expense)
Revenue and Changes
in Net Position
Operating Capital
Charges for Grants and Grants and Net (Expense)
Expenses Services Contributions Contributions Revenue
Functions/Programs:
Governmental activities:
General government 1,547,835 - - - (1,547,835)
Total primary government 1,547,835 - - - (1,547,835)
General revenues:
Taxes:
Property tax 959,121
Specific ownership tax 55,544
Interest income 12,976
Total General Revenues 1,027,641
Change in Net Position (520,194)
Net Position - Beginning (restated)(4,785,038)
Net Position - Ending (5,305,232)
Vail Square Metropolitan District No. 2
Statement of Activities
For the Year Ended December 31, 2023
Program Revenues
The accompanying notes are an integral part of these financial statements.
C2
FUND FINANCIAL STATEMENTS
Total
Governmental
General Debt Service Funds
Assets:
Cash and investm ents 28,854 263,980 292,834
Amounts due from Treasurer - 4,055 4,055
Property taxes receivable 60,404 402,694 463,098
Prepaid service obligation to VSMD No. 1 - 842,809 842,809
Total Assets 89,258 1,513,538 1,602,796
Liabilities, Deferred Inflow of Resources, and
Liabilities:
Amounts due to VMD No. 1 & 3 - 216,660 216,660
Amounts due to Vail Reinvestment Authority - 25,875 25,875
Total Liabilities - 242,535 242,535
Deferred Inflow of Resources:
Unavailable property tax revenue 60,404 402,694 463,098
Total Deferred Inflow of Resources 60,404 402,694 463,098
Fund Balances:
Nonspendable - 842,809 842,809
Restricted for debt service - 25,500 25,500
Restricted for emergencies 230 - 230
Unassigned 28,624 - 28,624
Total Fund Balances 28,854 868,309 897,163
Total Liabilities, Deferred Inflow
of Resources, and Fund Balances 89,258 1,513,538 1,602,796
December 31, 2023
Governmental Funds
Balance Sheet
Vail Square Metropolitan District No. 2
The accompanying notes are an integral part of these financial statements.
C3
Governmental Funds Total Fund Balance 897,163
Long-term liabilities, including bonds payable and leases payable, are
not due and payable in the current period and, therefore, are not
reported in the funds. This is the amount of District long-term
liabilities. Details of these amounts are as follows:
Capital obligation to VSMD No. 3 (6,202,395)
(6,202,395)
Net Position of Governmental Activities (5,305,232)
Vail Square Metropolitan District No. 2
Reconciliation of the Balance Sheet of Governmental Funds
to the Statement of Net Position
December 31, 2023
The accompanying notes are an integral part of these financial statements.
C4
Total
Governmental
General Debt Service Funds
Revenues:
Property taxes - 959,121 959,121
Specific ownership taxes - 55,544 55,544
Interest income - 12,976 12,976
Total Revenues - 1,027,641 1,027,641
Expenditures:
General government 7,611 1,071,974 1,079,585
Total Expenditures 7,611 1,071,974 1,079,585
Excess (Deficiency) of Revenues
over Expenditures (7,611) (44,333) (51,944)
Other Financial Sources (Uses):
Transfers in 17,236 - 17,236
Transfers (out)- (17,236) (17,236)
Total Other Financing Sources (Uses)17,236 (17,236) -
Net Change in Fund Balances 9,625 (61,569) (51,944)
Fund Balances - Beginning (restated)19,229 929,878 949,107
Fund Balances - Ending 28,854 868,309 897,163
Vail Square Metropolitan District No. 2
Statement of Revenues, Expenditures
For the Year Ended December 31, 2023
Governmental Funds
and Changes in Fund Balances
The accompanying notes are an integral part of these financial statements.
C5
Net change in fund balances for total governmental funds (51,944)
Amounts due to Vail Square Metropolitan District No. 3
for capital costs does not require a use of current financial resources
and, therefore, are not reported as an expenditure in the governmental funds. (468,250)
Change in Net Position of Governmental Activities (520,194)
Changes in Fund Balances of Governmental Funds to the
Reconciliation of the Statement of Revenues, Expenditures, and
Vail Square Metropolitan District No. 2
For the Year Ended December 31, 2023
Statement of Activities
The accompanying notes are an integral part of these financial statements.
C6
NOTES TO THE FINANCIAL STATEMENTS
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
D1
I.Summary of Significant Accounting Policies
The Vail Square Metropolitan District No. 1 (the “District”) was established December 5, 2005, as
a quasi-municipal corporation and political subdivision of the State of Colorado. The District was
established as part of a triple district structure with Vail Square Metropolitan District Nos. 2 and 3.
The District is considered the Operating District, and was formed to coordinate the financing and
construction of all public improvements which will be constructed for the use and benefit of all
anticipated inhabitants and taxpayers of Vail Square Metropolitan District Nos. 1-3. Vail Square
Metropolitan District Nos. 2 and 3 are the Financing Districts and as such have paid and will
continue to pay capital and service obligations to the District for the infrastructure in the Districts.
The District’s financial statements are prepared in accordance with generally accepted
accounting principles (“GAAP”). The Governmental Accounting Standards Board (“GASB”) is
responsible for establishing GAAP for state and local governments through its pronouncements
(Statements and Interpretations). The more significant accounting policies established by GAAP
used by the District are discussed below.
A.Reporting Entity
The reporting entity consists of (a) the primary government; i.e., the District, and (b)
organizations for which the District is financially accountable. The District is considered
financially accountable for legally separate organizations if it is able to appoint a voting
majority of an organization's governing body and is either able to impose its will on that
organization or there is a potential for the organization to provide specific financial
benefits, to, or to impose specific financial burdens on, the District. Consideration is also
given to other organizations which are fiscally dependent; i.e., unable to adopt a budget,
levy taxes, or issue debt without approval by the District. Organizations for which the
nature and significance of their relationship with the District are such that exclusion would
cause the reporting entity's financial statements to be misleading or incomplete are also
included in the reporting entity.
Based on the criteria discussed above, the District is not financially accountable for any
other entity, nor is the District a component unit of any other government.
B.Government-wide and Fund Financial Statements
The District’s basic financial statements include both government-wide (reporting the
District as a whole) and fund financial statements (reporting the District’s major funds).
Both the government-wide and fund financial statements categorize primary activities as
governmental type.
1.Government-wide Financial Statements
In the government-wide Statement of Net Position, all balances are reported on a
full accrual, economic resource basis, which recognizes all long-term assets and
receivables as well as long-term debt and obligations.
The government-wide focus is on the sustainability of the District as an entity and
the change in the District’s net position resulting from the current year’s activities.
As a general rule, the effect of interfund activity has been eliminated from the
government-wide financial statements.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D2
I.Summary of Significant Accounting Policies (continued)
B.Government-wide and Fund Financial Statements (continued)
2.Fund Financial Statements
The financial transactions of the District are reported in individual funds in the
fund financial statements. Each fund is accounted for by providing a separate
set of self-balancing accounts that comprises its assets, liabilities, reserves, fund
equity, revenues and expenditures/expenses. The fund focus is on current
available resources and budget compliance.
The District reports the following governmental funds:
The General Fund is the District’s primary operating fund. It accounts for all
financial resources of the District, except those required to be accounted for in
another fund.
The Debt Service Fund accounts for the resources accumulated and payments
made for principal and interest on long-term general obligation debt of the
governmental funds.
C.Measurement Focus, Basis of Accounting, and Financial Statement Presentation
Measurement focus refers to whether financial statements measure changes in current
resources only (current financial focus) or changes in both current and long-term
resources (long-term economic focus). Basis of accounting refers to the point at which
revenues, expenditures, or expenses are recognized in the accounts and reported in the
financial statements. Financial statement presentation refers to classification of revenues
by source and expenses by function.
1.Long-term Economic Focus and Accrual Basis
Governmental activities in the government-wide financial statements use the
long-term economic focus and are presented on the accrual basis of accounting.
Revenues are recognized when earned and expenses are recognized when
incurred, regardless of the timing of the related cash flows.
2.Current Financial Focus and Modified Accrual Basis
The governmental fund financial statements use the current financial focus and
are presented on the modified accrual basis of accounting. Under the modified
accrual basis of accounting, revenues are recorded when susceptible to accrual;
i.e., both measurable and available. “Available” means collectible within the
current period or soon enough thereafter (60 days)to be used to pay liabilities of
the current period. Expenditures are generally recognized when the related
liability is incurred. The exception to this general rule is that principal and interest
on general long-term debt, if any, is recognized when due.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D3
I.Summary of Significant Accounting Policies (continued)
C.Measurement Focus, Basis of Accounting, and Financial Statement Presentation
(continued)
3.Financial Statement Presentation
Amounts reported as program revenues include capital grants and contributions,
including special assessments. Internally dedicated resources are reported as
general revenues rather than as program revenues. Likewise, general revenues
include all taxes and interest income.
D.Financial Statement Accounts
1.Cash and Cash Equivalents
Cash and equivalents are defined as deposits that can be withdrawn at any time
without notice or penalty and investments with maturities of three months or less.
Investments are stated at net asset value or amortized cost. The change in fair
value, net asset value, and amortized cost of investments is recognized as an
increase or decrease to investment assets and investment income. The District’s
investment policy is detailed in note III.A.
2.Receivables
Receivables are reported net of an allowance for uncollectible accounts.There
was no allowance as of December 31, 2023.
3.Prepaid Expenses and Service Obligations
Certain payments reflect costs applicable to future accounting periods and are
recorded as prepaid items in both the government-wide and fund financial
statements. The cost of prepaid items is recorded as an expenditure/expense
when consumed.
4.Long-term Debt and Capital Obligations
In the government-wide financial statements, in the fund financial statements,
long-term debt is reported as a liability in the applicable governmental activities,
business-type activities, or proprietary fund type statement of net position.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D4
I.Summary of Significant Accounting Policies (continued)
D.Financial Statement Accounts (continued)
5.Deferred Outflows and Inflows of Resources
In addition to assets, the Statement of Net Position will sometimes report a
separate section for deferred outflows of resources. This separate financial
statement element, deferred outflows of resources, represents a consumption of
net assets that applies to a future period(s) and so will not be recognized as an
outflow of resources (expense/expenditure) until then. The District does not have
any items to report under this category.
In addition to liabilities, the Statement of Net Position will sometimes report a
separate section for deferred inflows of resources. This separate financial
statement element, deferred inflows of resources, represents an acquisition of
net assets that applies to a future period(s) and so will not be recognized as an
inflow of resources (revenue) until that time.Unavailable property tax revenue is
deferred and recognized as an inflow of resources in the period that the amounts
become available and earned.
6.Fund Balance
The District classifies governmental fund balances as follows:
Nonspendable -includes fund balance amounts that cannot be spent either
because it is not in spendable form or because of legal or contractual
requirements.
Restricted –includes fund balance amounts that are constrained for specific
purposes which are externally imposed by providers, such as creditors or
amounts constrained due to constitutional provisions or enabling legislation.
Committed –includes fund balance amounts that are constrained for specific
purposes that are internally imposed by the government through formal action of
the highest level of decision making authority which is the Board of Directors.
Assigned –includes spendable fund balance amounts that are intended to be
used for specific purposes that are neither considered restricted or committed.
Fund balance may be assigned by the Board of Directors or its management
designee.
Unassigned -includes residual positive fund balance within the General Fund
which has not been classified within the other above mentioned categories.
Unassigned fund balance may also include negative balances for any
governmental fund if expenditures exceed amounts restricted, committed, or
assigned for those specific purposes.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D5
I.Summary of Significant Accounting Policies (continued)
D.Financial Statement Accounts (continued)
6.Fund Balance (continued)
The District uses restricted amounts first when both restricted and unrestricted
fund balance is available unless there are legal documents/contracts that prohibit
doing this, such as in grant agreements requiring dollar for dollar spending.
Additionally, the District first uses committed, then assigned, and lastly
unassigned amounts of unrestricted fund balance when expenditures are made.
The District does not have a formal minimum fund balance policy. However, the
District’s budget includes a calculation of targeted reserve positions and
management reports the targeted amounts annually to Board of Directors.
E.Use of Estimates
The preparation of financial statements in conformity with GAAP requires the District’s
management to make estimates and assumptions that affect the reported amounts of
assets and liabilities, the disclosure of contingent assets and liabilities at the date of the
financial statements, and the reported amount of revenues and expenditures or expenses
during the reporting period. Actual results could differ from those estimates.
II. Stewardship, Compliance, and Accountability
A.Budgetary Information
In the fall of each year, the District's Board of Directors formally adopts a budget with
appropriations by fund for the ensuing year pursuant to the Local Government Budget
Law of Colorado. The budgets for the funds are adopted on a basis consistent with
generally accepted accounting principles (“GAAP”).
As required by Colorado statutes, the District followed the following timetable in
approving and enacting a budget for 2023:
(1)For the 2023 budget year, prior to August 25, 2022, the County Assessor sent to
the District the certified assessed valuation of all taxable property within the
District’s boundaries and prior to December 10, 2022, the County Assessor sent
the final recertified assessed valuation to the District.
(2)On or before October 15, 2022, the District’s accountant submitted to the
District’s Board of Directors a recommended budget which detailed the
necessary property taxes needed along with other available revenues to meet
the District’s operating requirements.
(3)A public hearing on the proposed budget and capital program was held by the
Board no later than 45 days prior to the close of the fiscal year.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D6
II. Stewardship, Compliance, and Accountability (continued)
A.Budgetary Information (continued)
(4)For the 2023 budget, prior to December 15, 2022, the District computed and
certified to the County Commissioners a rate of levy that derived the necessary
property taxes as computed in the proposed budget.
(5)For the 2023 budget, the final budget and appropriating resolution was adopted
prior to December 31, 2022.
After adoption of the budget resolution, the District may make the following changes: a) it
may transfer appropriated monies between funds or between spending agencies within a
fund, as determined by the original appropriation level; b) it may approve supplemental
appropriations to the extent of revenues in excess of the estimated in the budget; c) it
may approve emergency appropriations; and d) it may reduce appropriations for which
originally estimated revenues are insufficient.
Taxes levied in one year are collected in the succeeding year. Thus, taxes certified in
2022 were collected in 2023 and taxes certified in 2023 will be collected in 2024. Taxes
are due on January 1st in the year of collection; however, they may be paid in either one
installment (no later than April 30th) or two equal installments (not later than February 28th
and June 15th) without interest or penalty. Taxes which are not paid within the prescribed
time bear interest at the rate of one percent (1%) per month until paid. Unpaid amounts
and the accrued interest thereon become delinquent on June 15th.
The level of control in the budget at which expenditures exceed appropriations is at the
fund level. All appropriations lapse at year end.The District’s Debt Service Fund
exceeded appropriations by $59,217 for 2023, which may be a violation of Statute.
B.TABOR Amendment
In November 1992, Colorado voters amended Article X of the Colorado Constitution by
adding Section 20, commonly known as the Taxpayer's Bill of Rights (“TABOR”). TABOR
contains revenue, spending, tax and debt limitations that apply to the State of Colorado
and local governments. TABOR requires, with certain exceptions, advance voter
approval for any new tax, tax rate increase, mill levy above that for the prior year,
extension of any expiring tax, or tax policy change directly causing a net tax revenue gain
to any local government. Any revenues earned in excess of the fiscal year spending limit
must be refunded in the next fiscal year, unless voters approve retention of such excess
revenue.
Except for refinancing bonded debt at a lower interest rate or adding new employees to
existing pension plans, TABOR requires advance voter approval for the creation of any
multiple-fiscal year debt or other financial obligation unless adequate present cash
reserves are pledged irrevocably and held for payments in all future fiscal years.
TABOR also requires local governments to establish an emergency reserve to be used
for declared emergencies only. The reserve is calculated at 3% of fiscal year spending.
Fiscal year spending excludes bonded debt service and enterprise spending. The District
has reserved $230, which is the approximate required reserve, at December 31, 2023.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D7
II.Stewardship, Compliance, and Accountability (continued)
B.TABOR Amendment (continued)
Under TABOR, the initial base for local government spending and revenue limits is
December 31, 1992 fiscal year spending. The District’s first year of operations ended
December 31, 1995. Future spending and revenue limits are determined based on the
prior year’s fiscal year spending adjusted for inflation in the prior calendar year plus
annual local growth. Fiscal year spending is generally defined as expenditures and
reserve increases with certain exceptions. Revenue, if any, in excess of the fiscal year
spending limit must be refunded in the next fiscal year unless voters approve retention of
such revenue.
The electorate of the District authorized property taxes to be increased up to $1,500,000
in 2005, plus up to an additional $3,000,000 in 2007, and each year thereafter to pay the
Districts operations, maintenance, and other expenses, such amounts to increase
annually in an amount not to exceed the applicable limitations of Article X, Section 20 of
the Colorado Constitution and Colorado Law.
The District’s electorate further approved that the District’s taxes be increased
$120,000,000 annually, or by such lesser annual amount as may be necessary to pay the
District’s general or special obligation bonds, revenue bonds or other multiple fiscal year
financial obligations, including contracts, issued for the purpose of refunding, paying or
defeasing, in whole or in part, bonds, notes or other financial obligations of the District.
Such taxes may consist of an ad valorem property tax mill levy imposed without limitation
of rate and in amounts sufficient to produce the annual increase set forth above or such
lesser amount as may be necessary. The revenue from such taxes and any other monies
used to pay such general or special obligation bonds, revenue bonds or other multiple
fiscal year financial obligations costs, and investment income thereon, may be collected
and spent by the District without regard to any expenditure, revenue raising, or other
limitation contained within Article X, Section 20 of the Colorado Constitution.
The District’s management believes it is in compliance with the financial provisions of
TABOR. However, TABOR is complex and subject to interpretation. Many of its
provisions, including the interpretation of how to calculate fiscal year spending limits, will
require judicial interpretation.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D8
II.Stewardship, Compliance, and Accountability (continued)
C.Authorized But Unissued Debt
Pursuant to C.R.S. 32-1-1101(2) a District is only authorized to issue bonds for a period
up to twenty years following the date of the election at which such bonds were authorized
by the District’s voters.The District has the following remaining authorizations at
December 31, 2023:
Da te of Au thorization Au thorization
Authorization Am ount Used Re maining
Street Fac ilities 11/1/2005 20,000,000 5,446,944 14,553,056
Drai nage Facilities 11/1/2005 2,000,000 - 2,000,000
Securi ty Fac ilities 11/1/2005 1,000,000 - 1,000,000
Traffi c/Safety Protec tion Fac ilities 11/1/2005 2,000,000 527,950 1,472,050
Operat ions and Administrat ion 11/1/2005 20,000,000 - 20,000,000
Cos ts of Acquiring/Cons truc ting Fac ilities 11/1/2005 20,000,000 - 20,000,000
Cos ts of Acquiring/Cons truc ting Fac ilities 11/1/2005 20,000,000 - 20,000,000
Water Fac ilities 11/6/2007 5,000,000 1,113,154 3,886,846
Sanitary Sewer Facilities 11/6/2007 5,000,000 1,113,154 3,886,846
Park s and Rec reat ion 11/6/2007 5,000,000 1,570,144 3,429,856
Public Trans port at ion 11/6/2007 5,000,000 - 5,000,000
Mosquito Cont rol 11/6/2007 1,000,000 - 1,000,000
Fire Protec tion 11/6/2007 5,000,000 - 5,000,000
Te levis ion Relay 11/6/2007 1,000,000 148,654 851,346
Operat ions and Administrat ion 11/6/2007 5,000,000 - 5,000,000
Refunding 11/1/2005 40,000,000 - 40,000,000
157,000,000 9,920,000 147,080,000
Purpose
III.Detailed Notes on all Funds
A.Deposits and Investments
The District’s deposits are entirely covered by federal depository insurance (“FDIC”) or by
collateral held under Colorado’s Public Deposit Protection Act (“PDPA”). The FDIC
insures the first $250,000 of the District’s deposits at each financial institution. Deposit
balances over $250,000 are collateralized as required by PDPA. The carrying amount of
the District’s demand deposits was $0 at year end.
Colorado statutes specify investment instruments meeting defined rating and risk criteria
in which local governments, and entities such as the District, may invest which include:
Obligations of the United States and certain U.S. government agency securities
Certain international agency securities
General obligation and revenue bonds of U.S. local government entities
Bankers’acceptances of certain banks
Commercial paper
Written repurchase agreements collateralized by certain authorized securities
Certain money market mutual funds
Guaranteed investment contract
Local government investment pools
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D9
III.Detailed Notes on all Funds (continued)
A.Deposits and Investments (continued)
Interest Rate Risk.As a means of limiting its exposure to interest rate risk, the District
diversifies its investments by security type and institution, and limits holdings in any one
type of investment with any one issuer and type of issuer. The District coordinates its
investment maturities to closely match cash flow needs and restricts the maximum
investment term to less than five years (less in some cases) from the purchase date. As
a result of the limited length of maturities the District has limited its interest rate risk.
Credit Risk.District investment policy limits investments to those authorized by State
statutes. The District’s general investment policy is to apply the prudent-person rule:
investments are made as a prudent person would be expected to act, with discretion and
intelligence, to seek reasonable income, preserve capital, and, in general, avoid
speculative investments.
Concentration of Credit Risk.The District diversifies its investments by security type and
institution. Financial institutions holding District funds must provide the District a copy of
the certificate from the Banking Authority that states that the institution is an eligible
public depository.
At year end, the District had the following deposits and investments with the following
maturities:
Standa rd Te rm to Ma tu rity
& Poors Ca rrying Le ss than More tha n
Ra ti ng Am ounts one year one year
Depos its:
Chec king and savi ngs Not rat ed - - -
Investment s:
Inve stment pool AAAm 292,834 292,834 -
292,834 292,834 -
At December 31, 2023, the District had the following recurring fair value measurements.
Total
CS AFE 292,834
292,834
Inve st ments Measure d
at Amortized Cost
Fair Value of Investments.The District measures and records its investments using fair
value measurement guidelines established by generally accepted accounting principles.
These guidelines recognize a three-tiered fair value hierarchy, as follows:
Level 1: Quoted prices for identical investments in active markets;
Level 2: Observable inputs other than quoted market prices; and,
Level 3: Unobservable inputs.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D10
III.Detailed Notes on all Funds (continued)
A.Deposits and Investments (continued)
Investments classified in Level 1 are valued using prices quoted in active markets for
those securities. Investments classified in Level 2 are valued using the following
approaches:
U.S. Treasuries, U.S. Agencies, and Commercial Paper: quoted prices for identical
securities in markets that are not active;
Repurchase Agreements, Negotiable Certificates of Deposit, and Collateralized Debt
Obligations: matrix pricing based on the securities’ relationship to benchmark quoted
prices;
Money Market, Bond, and Equity Mutual Funds: published fair value per share (unit)
for each fund.
The Investment Pool represents investments in CSAFE. The net asset value of the pool
is determined by the pool’s share price. The District has no regulatory oversight for the
pool. At December 31, 2023, the District’s investments in CSAFE were 100%of the
District’s investment portfolio.
The District had invested $292,834 in the Colorado Surplus Asset Fund (“CSAFE”). The
Trust is an investment vehicle established for local government entities in Colorado to
pool surplus funds. The State Securities Commissioner administers and enforces all
State statutes governing the Trust. The Trust operates similarly to a money market fund,
measured at net asset value, and each share is equal in value to $1.00. Investments
consist of U.S. Treasury bills, notes and note strips and repurchase agreements
collateralized by U.S. Treasury securities. A designated custodial bank provides
safekeeping and depository services in connection with the direct investment and
withdrawal functions. Substantially all securities owned are held by the Federal Reserve
Bank in the account maintained for the custodial bank.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D11
IV.Other Information
A.Risk Management
Colorado Special Districts Property and Liability Pool
The District is exposed to various risks of loss related to torts; theft of, damage to, and
destruction of assets; errors and omission; and general liability. The District is a member
of the Colorado Special District Property and Liability Pool (“Pool”) for property and
liability insurance.
The Pool was formed by an intergovernmental agreement to provide public officials,
property, general and automobile liability coverage for claims up to $1,000,000, except if
the claim falls within the government immunity statute, then the coverage is $150,000 per
person and a $600,000 aggregate claim. The Pool is reinsured for 80% of the first
$250,000 of all claims and 100% for claims in excess of $250,000. The District may be
required to make additional contributions in the event aggregate losses incurred by the
Pool exceed amounts recoverable from reinsurance contracts. Any excess funds, which
the Pool determines are not needed for purposes of the Pool may be returned to the
members pursuant to a distribution formula. Any settled claims are not expected to
exceed coverage. A summary of audited statutory basis financial information for the Pool
as of and for the year ended December 31, 2023 (the latest available information) is as
follows:
Asse ts 81,143,798
Liabilities 58,670,068
Capital and surpl us 22,473,730
Tota l 81,143,798
Revenue 29,593,851
Underwrit ing ex pens es 31,416,477
Underwriting gain (los s)(1,822,626)
Ot her inc ome 1,695,393
Ne t income (loss)(127,233)
B.Commitments and Contingencies
During the normal course of business, the District may incur claims and other assertions
against it from various agencies and individuals. Management of the District and their
legal representatives have disclosed that they are not aware of any material outstanding
claims against the District at December 31, 2023.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D12
V.Intergovernmental Agreements
A.Joint Funding Agreement
The Operating District obtained two loans in the aggregate principal amount of
$16,000,000 on July 23, 2008 for the purpose of constructing certain public infrastructure
(the “Facilities”) for the benefit of the Districts. Concurrent with obtaining the loans the
Operating District entered into a Joint Funding Agreement with the Financing Districts to
provide funding to the Operating District for the repayment of the loans. The Joint
Funding Agreement generally provides that the Financing Districts will assess mill levies
to collect property tax revenues which will be paid to and used by the Operating District to
pay Financing Costs related to the loans. Financing Costs are defined as the principal
and interest payments required by debt and interest rate swaps obtained or entered into
by the Districts, including replenishment of debt reserve funds.
Concurrent with District No. 3 obtaining the refunding loan in the principal amount of
$9,400,000 on April 1, 2023 (the “2023 Loan”), the Joint Funding Agreement described
above was replaced with the Amended and Restated Joint Funding Agreement, dated as
of April 1, 2023, among the Operating District and Financing Districts. The Amended and
Restated Joint Funding Agreement generally provides that the Financing Districts will
assess mill levies to collect property tax revenues which will be paid to and used by the
District No. 3 to pay Financing Costs related to the 2023 Loan. Financing Costs are
defined as the principal and interest payments required by debt entered into by the
Districts, including replenishment of debt reserve funds.
In 2023, the mill levy assessed for collection in 2024 was 23.000 mills in Vail Square
Metropolitan District No. 2, with 20.000 mills allocated for the Amended and Restated
Joint Funding Agreement and 3.000 mills for the District Coordinating Services
Agreement; and, 14.797 mills in Vail Square Metropolitan District No. 3, with 11.797 mills
allocated for the Amended and Restated Joint Funding Agreement and 3.000 mills for the
District Coordinating Services Agreement.
The District has recorded a capital obligation payable to Financing District No. 3 as of
December 31, 2023 in the amount of $6,202,395 which represents unreimbursed costs
incurred through that date for the refunding of debt originally issued to pay infrastructure
construction and costs related to issuance of and debt service on the loans. This amount
has been allocated between the Financing Districts based on the District’s forecast of the
future annual bond costs to be paid by each Financing District. However, each Financing
District is responsible to pay Financing Costs until the District’s loans have been fully
repaid and the ultimate allocation of the Financing Costs between the Financing Districts
will be dependent on the assessed value and mill levy of each Financing District over the
life of the District’s loans.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D13
V.Intergovernmental Agreements (continued)
B.District Facilities Joint Financing, Construction and Service Agreement
The Agreement generally provides an obligation for the Financing Districts to pay for the
acquisition and construction of the Facilities (defined above), to the extent not funded by
the Joint Funding Agreement (the Capital Obligation), and operation and maintenance of
the Facilities and administrative expenses incurred by the Operating District (the Service
Obligation). The Financing Districts are obligated to generate and pay to the Operating
District certain tax and other revenues to fund the Capital Obligation and the Service
Obligation.
In any given year the Financing Districts are obligated to fund such portion of the Capital
and Service Obligations as may be funded with the District taxes available from
imposition of a subordinate mill levy, together with other charges imposed by the
Financing Districts.
The Agreement specifies certain termination rights on the part of the Districts. Various
limitations and conditions to such termination rights exist and reference to the text of the
Agreement should be made for specific terms.
This agreement was terminated and replaced by the District Coordinating Services
Agreement on November 13, 2023.
C.District Coordinating Services Agreement
The Operating District and Financing Districts entered into the District Coordinating
Service Agreement on November 13, 2023. The Agreement terminated the District
Facilities Joint Financing, Construction and Service Agreement. The Agreement generally
provides an obligation for the Districts to pay for the operation and maintenance of the
Facilities and administrative expenses incurred by the Operating District (the “Service
Obligation”). The Financing Districts are obligated to generate and pay to the Operating
District certain tax and other revenues to fund the Service Obligation.The Operating
District is responsible for preparing annual preliminary budget proposals to the Financing
Districts for their consideration. The Financing Districts are required to deposit 1/12th of
the annual costs from the budget with the Coordinating District on a monthly basis.
The District has recorded a prepaid service obligation with the Operating District as of
December 31, 2023 in the amount of $842,809.
The Agreement specifies certain termination rights on the part of the Districts. Various
limitations and conditions to such termination rights exist and reference to the text of the
Agreement should be made for specific terms.
Vail Square Metropolitan District No. 2
Notes to the Financial Statements
December 31, 2023
(continued)
D14
V.Intergovernmental Agreements (continued)
D.Pledge Agreements
The Districts have entered into an Intergovernmental Agreement and Amended and
Restated Pledge Agreement with the Vail Reinvestment Authority.
Under these agreements and in consideration for the Districts’ commitment to undertake
construction of certain public improvements, the Vail Reinvestment Authority agrees to
transfer to the Districts the District Tax Increment Revenues, to which the Authority would
otherwise be entitled under an Urban Renewal Plan relating to the project.
Under the second agreement the Authority pledged the Tax Incremental Revenue to the
2008 Loan.
The Districts entered into an Amended and Restated Pledge Agreement on April 1, 2023
with Vail Reinvestment Authority. The agreement replaces the previous pledge
agreement and pledges the Authority’s Debt Service District Tax Increment Revenues to
District No. 3 to assist with repayment of the 2023 Loan and Operations District Tax
Increment Revenues to District No. 1 to assist with paying the Financing Districts
operation and maintenance costs.
VI.Restatement of Fund Balance and Net Position
The District’s Fund Balance was restated and increased by $904,878 for a change in the
calculation of the Service Obligation as described in Note V.B. The District’s Net Position was
restated and increased by $1,346,225 for a change in the calculation of the Capital Obligation as
described in Note V.B.
REQUIRED SUPPLEMENTARY INFORMATION
Final
Budget
Original Variance
& Final Positive
Budget Ac tual (Negative)
Revenues:
Interest income - - -
Total Revenues - - -
Expenditures:
General government:
Accounting and auditing 3,200 3,311 (111)
Insurance 4,500 4,300 200
Contingecny 1,000 - 1,000
Total General Government Expenditures 8,700 7,611 1,089
Excess of Revenues Over (Under)
Expenditures (8,700) (7,611) 1,089
Other Financing Sources (Uses):
Transfers in 17,367 17,236 (131)
Total Other Financing Sources (Uses)17,367 17,236 (131)
Net Change in Fund Balance 8,667 9,625 958
Fund Balance - Beginning 19,229 19,229 -
Fund Balance - Ending 27,896 28,854 958
Vail Square Metropolitan District No. 2
Schedule of Revenues, Expenditures and Changes in Fund Balance
Budget and Actual
Governmental Funds - General Fund
For the Year Ended December 31, 2023
E1
SUPPLEMENTARY INFORMATION
Final
Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)
Revenues:
Property taxes 954,846 968,483 959,121 (9,362)
Specific ownership taxes 47,742 48,424 55,544 7,120
Interest income 2,000 13,217 12,976 (241)
Total Revenues 1,004,588 1,030,124 1,027,641 (2,483)
Expenditures:
General government:
Intergovernmental agreement 983,078 983,702 1,056,424 (72,722)
Treasurer fees 15,418 29,055 15,550 13,505
Total Expenditures 998,496 1,012,757 1,071,974 (59,217)
Excess of Revenues Over (Under)
Expenditures 6,092 17,367 (44,333) (61,700)
Other Financing Sources (Uses):
Transfers (out)(6,092) (17,367) (17,236) 131
Total Other Financing (Uses)(6,092) (17,367) (17,236) 131
Net Change in Fund Balance - - (61,569) (61,569)
Fund Balance - Beginning (restated)20,000 25,000 929,878 904,878
Fund Balance - Ending 20,000 25,000 868,309 843,309
Schedule of Revenues, Expenditures and Changes in Fund Balance
Vail Square Metropolitan District No. 2
For the Year Ended December 31, 2023
Governmental Funds - Debt Service Fund
Budget and Actual
F1
4
EXHIBIT C
Solaris Metropolitan District No. 3
2023 Audit
Vail Square Metropolitan District No. 3
Financial Statements
December 31, 2023
Vail Square Metropolitan District No. 3
Financial Statements
December 31, 2023
Table of Contents
Page
INDEPENDENT AUDITOR'S REPORT A1 – A3
Management’s Discussion and Analysis B1 – B4
Government-wide Financial Statements:
Statement of Net Position C1
Statement of Activities C2
Fund Financial Statements:
Balance Sheet -Governmental Funds C3
Reconciliation of the Balance Sheet of Governmental Funds to the
Statement of Net Position C4
Statement of Revenues, Expenditures and Changes in
Fund Balances -Governmental Funds C5
Reconciliation of the Statement of Revenues, Expenditures and Changes in
Fund Balances of Governmental Funds to the Statement of Activities C6
Notes to the Financial Statements D1 – D14
Required Supplementary Information:
Schedule of Revenues, Expenditures and Changes in
Fund Balance -Budget and Actual -Governmental Funds:
General Fund E1
Supplementary Information:
Schedule of Revenues, Expenditures and Changes in
Fund Balance -Budget and Actual -Governmental Funds:
Debt Service Fund F1
McMahan and Associates, l.l.c.
Certified Public Accountants and Consultants
Web Site: www.mcmahancpa.com
Chapel Square, Bldg C Main Office: (970) 845-8800
245 Chapel Place, Suite 300 Facsimile: (970) 845-8108
P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com
Member: American Institute of Certified Public Accountants
Paul J. Backes, CPA, CGMA Avon: (970) 845-8800
Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996
Matthew D. Miller, CPA Frisco: (970) 668-3481
A1
M
&
A
INDEPENDENT AUDITOR'S REPORT
To the Board of Directors
Vail Square Metropolitan District No. 3
Vail, Colorado
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities and each major
fund of Vail Square Metropolitan District No. 3 (the “District”), as of and for the year ended December 31,
2023,and the related notes to the financial statements,which collectively comprise the District’s basic
financial statements as listed in the Table of Contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the
respective financial position of the governmental activities and each major fund of the District, as of
December 31, 2023 and the respective changes in financial position thereof for the year then ended in
accordance with accounting principles generally accepted in the United States of America (“U.S. GAAP”).
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of
America (“U.S. GAAS”). Our responsibilities under those standards are further described in the Auditor’s
Responsibilities for the Audit of the Financial Statements section of our report. We are required to be
independent of the District and to meet our other ethical responsibilities, in accordance with the relevant
ethical requirements relating to our audit. We believe that the audit evidence we have obtained is
sufficient and appropriate to provide a basis for our audit opinions.
Emphasis of Matter
As discussed in note VI, the District’s fund balance and net position were restated for the correction of an
error in the previous year. Our opinion is not modified as a result of this.
Responsibilities of Management for the Financial Statements
The District’s management is responsible for the preparation and fair presentation of the financial
statements in accordance with U.S. GAAP, and for the design, implementation, and maintenance of
internal control relevant to the preparation and fair presentation of financial statements that are free from
material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or
events, considered in the aggregate, that raise substantial doubt about the District’s ability to continue as
a going concern for one year after the date that the financial statements are issued.
INDEPENDENT AUDITOR’S REPORT
To the Board of Directors
Vail Square Metropolitan District No. 3
A2
Auditor’s Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are
free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that
includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance
and therefore is not a guarantee that an audit conducted in accordance with U.S. GAAS will always detect
a material misstatement when it exists. The risk of not detecting a material misstatement resulting from
fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional
omissions, misrepresentations, or the override of internal control. Misstatements are considered material
if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment
made by a reasonable user based on the financial statements.
In performing an audit in accordance with U.S. GAAS, we:
Exercise professional judgment and maintain professional skepticism throughout the audit.
Identify and assess the risks of material misstatement of the financial statements, whether due to
fraud or error, and design and perform audit procedures responsive to those risks. Such
procedures include examining, on a test basis, evidence regarding the amounts and disclosures
in the financial statements.
Obtain an understanding of internal control relevant to the audit in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of expressing an
opinion on the effectiveness of the District’s internal control. Accordingly, no such opinion is
expressed.
Evaluate the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluate the overall presentation of the
financial statements.
Conclude whether, in our judgment, there are conditions or events, considered in the aggregate,
that raise substantial doubt about the District’s ability to continue as a going concern for a
reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters,
the planned scope and timing of the audit, significant audit findings, and certain internal control–related
matters that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Management’s
Discussion and Analysis in Section B be presented to supplement the basic financial statements. Such
information is the responsibility of management and, although not a part of the basic financial statements,
is required by the Governmental Accounting Standards Board who considers it to be an essential part of
financial reporting for placing the basic financial statements in an appropriate operational, economic, or
historical context. We have applied certain limited procedures to the required supplementary information
in accordance with auditing standards generally accepted in the United States of America, which
consisted of inquiries of management about the methods of preparing the information and comparing the
information for consistency with management’s responses to our inquiries, the basic financial statements,
and other knowledge we obtained during our audit of the basic financial statements. We do not express
an opinion or provide any assurance on the information because the limited procedures do not provide us
with sufficient evidence to express an opinion or provide any assurance.
The budgetary comparison information in section E is not a required part of the basic financial statements
but is supplementary information required by U.S. GAAP. The budgetary comparison information has
been subjected to the auditing procedures applied in the audit of the financial statements and certain
additional procedures, including comparing and reconciling such information directly to the underlying
accounting and other records used to prepare the financial statements or to the financial statements
themselves, and other additional procedures in accordance with U.S. GAAS. In our opinion, the
information is fairly stated in all material respects in relation to the financial statements as a whole.
INDEPENDENT AUDITOR’S REPORT
To the Board of Directors
Vail Square Metropolitan District No. 3
A3
Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively
comprise the District’s financial statements as a whole. The individual fund budgetary comparison in
Section F is presented for purposes of additional analysis and are not a required part of the basic
financial statements.
The budgetary comparison found in Section F is the responsibility of management and was derived from
and relate directly to the underlying accounting and other records used to prepare the financial
statements. The information has been subjected to the auditing procedures applied in the audit of the
basic financial statements and certain additional procedures, including comparing and reconciling such
information directly to the underlying accounting and other records used to prepare the financial
statements or to the financial statements themselves, and other additional procedures in accordance with
auditing standards generally accepted in the United States of America. In our opinion, the information is
fairly stated in all material respects in relation to the financial statements as a whole.
McMahan and Associates, L.L.C.
Avon, Colorado
September 30, 2024
MANAGEMENT’S DISCUSSION AND ANALYSIS
- B1 -
Vail Square Metropolitan District No. 3
Management’s Discussion and Analysis
December 31, 2023
As management of Vail Square Metropolitan District No. 3 (the “District”), we offer readers of
the District’s financial statements this narrative overview and analysis of the financial activities
of the District for the fiscal year ended December 31, 2023.
Overview of the Financial Statements
This discussion and analysis is intended to serve as an introduction to the District’s basic
financial statements. The District’s basic financial statements are composed of three components:
1) government-wide financial statements; 2) fund financial statements; and 3) notes to the
financial statements. This report also contains additional other information after the notes to the
financial statements.
Government-wide financial statements. The government-wide financial statements are
designed to provide readers with a broad overview of the District’s finances, in a manner similar
to a private-sector business.
The Statement of Net Position presents information on all the District’s assets, liabilities, and
deferred inflows with the difference reported as net position. Over time, increases or decreases in
net position may serve as a useful indicator of whether the financial position of the District is
improving or deteriorating.
The Statement of Activities presents information showing how the government’s net position
changed during the most recent fiscal year. All changes in net position are reported as soon as the
underlying event giving rise to the change occurs, regardless of the timing of related cash flows.
Thus, revenues and expenses are reported in this statement for some items that will only result in
cash flows in future fiscal periods.
The governmental activity of the District is primarily financing the Intergovernmental Service
Costs and Capital Costs due to Vail Square Metropolitan District No. 1. There are no business-
type activities within the District.
The government-wide financial statements can be found on pages C1 and C2 of this report.
Fund financial statements. A fund is a grouping of related accounts that is used to maintain
control over resources that have been segregated for specific activities or objectives. The
District, like other state and local governments, uses fund accounting to ensure and demonstrate
compliance with finance-related legal requirements. The District currently has two funds, the
General Fund and the Debt Service Fund, both of which are governmental funds.
- B2 -
Governmental funds. Governmental funds are used to account for essentially the same
functions reported as governmental activities in the government-wide financial statements.
However, unlike the government-wide financial statements, governmental fund financial
statements focus on near-term inflows and outflows of expendable resources, as well as on
balances of expendable resources available at the end of the fiscal year. Such information may be
useful in evaluating a government’s near-term financing requirements.
Because the focus of governmental funds is narrower than that of the government-wide financial
statements, it is useful to compare the information presented for governmental funds with similar
information presented for governmental activities in the government-wide financial statements.
By doing so, readers may better understand the long-term impact of the government’s near-term
financing decisions. A reconciliation of the fund balance as reported in the governmental funds
to the net position reported in the government-wide financial statements and a reconciliation of
the net change in fund balance to the change in net position has been provided to facilitate the
comparison between governmental funds and governmental activities.
The fund financial statements are contained on pages C3 through C6 of the report.
Notes to the financial statements. The notes provide additional information that is essential to a
full understanding of the data provided in the government-wide and fund financial statements.
The notes to the financial statements can be found starting on page D1 of this report.
(Table shown on following page; remainder of page intentionally left blank to
accommodate table.)
- B3 -
Condensed Financial Information
A condensed comparative summary of the District’s government-wide assets, liabilities, deferred
inflows, net position, revenues and expenditures follows:
2023 2022
ASSETS:
Current assets 1,091,449$ 289,688$
Non-current assets 6,498,517$ -$
Total Assets 7,589,966 289,688
LIABILITIES & DEFERRED INFLOWS:
Current liabilities 863,692 10,531
Non-current liabilities 8,305,000 1,264,860
Total Liabilities 9,168,692 1,275,391
Deferred inflows of resources 206,777 278,957
NET POSITION:
Restricted 727,549 177
Unrestricted (2,513,052) (1,264,837)
Total Net Position (1,785,503)$ (1,264,660)$
REVENUES:
Program Revenues
Operating contributions 7,403,127$ 1,023$
General Revenues
Property and other taxes 143,638 547,966
Interest and other revenue 21,906 979
Total Revenues 7,568,671 549,968
EXPENSES:
General government 9,680,622 384,929
Total Expenses 9,680,622 384,929
Change in Net Position (2,111,951) 165,039
Net Position - Beginning (2,610,885) (1,429,699)
2022 Restatement - (1,346,225)
Net Position - Ending (4,722,836)$ (2,610,885)$
Governmental
Activities
- B4 -
The District is one of the “financing districts” in a triple district structure whereby the District is
supporting financing the construction of infrastructure being coordinated by Vail Square
Metropolitan District No. 1. The District consists of commercial properties whereas the
residential properties are in District No. 2. Financing, constructing and operating the
infrastructure was initially furnished through a District Facilities Joint Financing Construction
and Service Agreement which has now been replaced with a District Coordinating Services
Agreement among the District and Vail Square Metropolitan District Nos. 1 and 2. During 2023
the District assumed the loan that was initially taken out by District No. 1 to finance the
infrastructure. In conjunction with assuming the obligation for the loan, the District was relieved
of its obligation for the debt to District No. 1 and received a repayment pledge for a portion of
debt service payments from Vail Square Metropolitan District No. 2.
Government-wide Financial Analysis. During 2023 the District’s primary activity was to
collect property taxes to pay the debt service payments and to pay the service obligation to
District No. 1 for the infrastructure in the Districts.
Financial Analysis of the District’s Funds
As mentioned earlier, the District uses fund accounting to ensure and demonstrate compliance
with finance-related legal requirements.
Governmental Funds. The focus of the District’s governmental funds is to provide information
on near-term inflows, outflows, and balances of expendable resources. Such information is
useful in assessing the District’s financing requirements. In particular, unassigned fund balance
may serve as a useful measure of a government’s net resources available for spending at the end
of the fiscal year. As of the end of the current fiscal year, the District’s governmental funds
reported a combined ending fund balance of $1,023,681. Of this fund balance, $727,359 is
restricted for future debt service and $296,122 is nonspendable as it has been prepaid to District
No. 1 to be used to provide future services to the District’s constituents.
The District adopts budgets for each fund on an annual basis. A budgetary comparison has been
provided on page E1 for the General Fund and on page F1for the Debt Service Fund.
Capital assets. All capital assets inside of the District boundaries are constructed and operated
by District No.1. Therefore, no capital assets are reported by the District.
Long-term debts. Early in 2023 the District assumed the obligation of $9,400,000 for the joint
debt of District Nos. 1, 2 and 3 from District No. 1 and subsequently repaid $404,000 of that debt
leaving an outstanding balance of $8,996,000 at the end of 2023. More details and information
related to the District’s long-term debts can be found in the Notes to the Financial Statement in
Note III B on page D10 of this report.
Request for Information
This financial report is designed to provide a general overview of the District’s finances for all
those with an interest in the government’s finances. Questions concerning any of the information
provided in this report or requests for additional financial information should be addressed to
Marchetti & Weaver, LLC, 28 Second Street, Suite 213, Edwards, CO 81632 or you may call
(970) 926-6060.
GOVERNMENT-WIDE FINANCIAL STATEMENTS
Net (Expense)
Revenue and Changes
in Net Position
Operating Capital
Charges for Grants and Grants and Net (Expense)
Expenses Services Contributions Contributions Revenue
Functions/Programs:
Governmental activities:
General government 9,201,978 - 6,418 10,334,041 1,138,481
Debt service 276,122 - - - (276,122)
Interest 202,522 - - - (202,522)
Total primary government 9,680,622 - 6,418 10,334,041 659,837
General revenues:
Taxes:
Property tax 113,497
Specific ownership tax 30,141
Interest income 21,906
Total General Revenues 165,544
Change in Net Position 825,381
Net Position - Beginning (restated)(2,610,884)
Net Position - Ending (1,785,503)
Vail Square Metropolitan District No. 3
Statement of Activities
For the Year Ended December 31, 2023
Program Revenues
The accompanying notes are an integral part of these financial statements.
C2
Total
Governmental
General Debt Service Funds
As sets:
Cash and investments 200 681,984 682,184
Am ounts due from Treasurer - 2,200 2,200
Am ounts due from VSMD No. 1 & 2 - 200,288 200,288
Property taxes receivable 34,856 171,921 206,777
Prepaid service obligation to VSMD No. 1 - 296,122 296,122
Total Assets 35,056 1,352,515 1,387,571
Liabilities, Deferred Inflow of Resources,
Liabilities:
Amounts due to VSMD No. 1 & 2 - 157,113 157,113
Total Liabilities - 157,113 157,113
Deferred Inflow of Resources:
Unavailable property tax revenue 34,856 171,921 206,777
Total Deferred Inflow of Resources 34,856 171,921 206,777
Fund Balances:
Nonspendable - 296,122 296,122
Restricted for debt service - 727,359 727,359
Restricted for emergencies 190 - 190
Unassigned 10 - 10
Total Fund Balances 200 1,023,481 1,023,681
Total Liabilities, Deferred Inflow
of Resources, and Fund Balances 35,056 1,352,515 1,387,571
December 31, 2023
Governmental Funds
Balance Sheet
Vail Square Metropolitan District No. 3
The accompanying notes are an integral part of these financial statements.
C3
FUND FINANCIAL STATEMENTS
Assets:
Cash and cash equivalents 682,184
Amounts due from Treasurer 2,200
Property taxes receivable 206,777
Amounts due from VSMD No. 1 & 2 200,288
Prepaid service obligation to VSMD No. 1 296,122
Capital obligation from VSMD No. 2 6,202,395
Total Assets 7,589,966
Liabilities:
Current liabilities due in less than one year:
Amounts due to VSMD No. 1 & 2 157,113
Accrued interest payable 15,579
Bonds payable 691,000
Non-current liabilities due in excess of one year:
Bonds payable 8,305,000
Total Liabilities 9,168,692
Deferred Inflow of Resources:
Property tax revenue 206,777
Deferred gain on refunding -
Total Deferred Inflow of Resources 206,777
Net Position:
Restricted for debt service 727,359
Restricted for emergencies 190
Unrestricted (2,513,052)
Total Net Position (1,785,503)
December 31, 2023
Statement of Net Position
Vail Square Metropolitan District No. 3
The accompanying notes are an integral part of these financial statements.
C1
Governmental Funds Total Fund Balance 1,023,681
Amounts due from other Districts for capital obligations are not considered
current financial resources and, therefore, are not reported in the funds. 6,202,395
Long-term liabilities, including bonds payable and leases payable, are
not due and payable in the current period and, therefore, are not
reported in the funds. This is the amount of District long-term
liabilities. Details of these amounts are as follows:
Bonds payable (8,996,000)
Accrued interest payable (15,579)
(9,011,579)
Net Position of Governmental Activities (1,785,503)
Vail Square Metropolitan District No. 3
Reconciliation of the Balance Sheet of Governmental Funds
to the Statement of Net Position
December 31, 2023
The accompanying notes are an integral part of these financial statements.
C4
Total
Governmental
General Debt Service Funds
Revenues:
Property taxes - 113,497 113,497
Specific ownership taxes - 30,141 30,141
Other income - - -
Intergovernmental agreem ent 6,418 1,194,314
Interest income - 21,906 21,906
Total Revenues 6,418 1,359,858 165,544
Expenditures:
General government 6,418 9,195,560 9,201,978
Debt service:
Principal - 404,000 404,000
Interest - 186,943 186,943
Bond issuance costs - 276,122 276,122
Total Expenditures 6,418 10,062,625 10,069,043
Excess (Deficiency) of Revenues
over Expenditures - (8,702,767) (9,903,499)
Other Financial Sources (Uses):
Bond proceeds - 9,400,000 9,400,000
Total Other Financing Sources (Uses)- 9,400,000 9,400,000
Net Change in Fund Balances - 697,233 697,233
Fund Balances - Beginning (restated)200 326,248 326,448
Fund Balances - Ending 200 1,023,481 1,023,681
Vail Square Metropolitan District No. 3
Statement of Revenues, Expenditures
For the Year Ended December 31, 2023
Governmental Funds
and Changes in Fund Balances
The accompanying notes are an integral part of these financial statements.
C5
Net change in fund balances for total governmental funds 697,233
Changes in am ounts due from Vail Square Metropolitan District No. 2
for capital costs are not currently available financial resources and,
therefore, are not reported in the funds. 6,202,395
The repayment of the principal of long-term debt consumes current financial
resources of governmental funds. This transaction, however, has no effect on
net position. This amount is the net effect of these differences in the
treatement of long-term debt repayments.
Principal repayments - Bonds payable 404,000
Bond proceeds (9,400,000)
(8,996,000)
The change in accrued interest reported in the Statement of Activities does not
require the use of current financial resources and, therefore, is
not reported as an expenditure in governmental funds.(15,579)
Change in Net Position of Governmental Activities (2,111,951)
Changes in Fund Balances of Governmental Funds to the
Reconciliation of the Statement of Revenues, Expenditures, and
Vail Square Metropolitan District No. 3
For the Year Ended December 31, 2023
Statement of Activities
The accompanying notes are an integral part of these financial statements.
C6
NOTES TO THE FINANCIAL STATEMENTS
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
D1
I.Summary of Significant Accounting Policies
The Vail Square Metropolitan District No. 1 (the “District”) was established December 5, 2005, as
a quasi-municipal corporation and political subdivision of the State of Colorado. The District was
established as part of a triple district structure with Vail Square Metropolitan District Nos. 2 and 3.
The District is considered the Operating District, and was formed to coordinate the financing and
construction of all public improvements which will be constructed for the use and benefit of all
anticipated inhabitants and taxpayers of Vail Square Metropolitan District Nos. 1-3. Vail Square
Metropolitan District Nos. 2 and 3 are the Financing Districts and as such have paid and will
continue to pay capital and service obligations to the District for the infrastructure in the Districts.
The District’s financial statements are prepared in accordance with generally accepted
accounting principles (“GAAP”). The Governmental Accounting Standards Board (“GASB”) is
responsible for establishing GAAP for state and local governments through its pronouncements
(Statements and Interpretations). The more significant accounting policies established by GAAP
used by the District are discussed below.
A.Reporting Entity
The reporting entity consists of (a) the primary government; i.e., the District, and (b)
organizations for which the District is financially accountable. The District is considered
financially accountable for legally separate organizations if it is able to appoint a voting
majority of an organization's governing body and is either able to impose its will on that
organization or there is a potential for the organization to provide specific financial
benefits, to, or to impose specific financial burdens on, the District. Consideration is also
given to other organizations which are fiscally dependent; i.e., unable to adopt a budget,
levy taxes, or issue debt without approval by the District. Organizations for which the
nature and significance of their relationship with the District are such that exclusion would
cause the reporting entity's financial statements to be misleading or incomplete are also
included in the reporting entity.
Based on the criteria discussed above, the District is not financially accountable for any
other entity, nor is the District a component unit of any other government.
B.Government-wide and Fund Financial Statements
The District’s basic financial statements include both government-wide (reporting the
District as a whole) and fund financial statements (reporting the District’s major funds).
Both the government-wide and fund financial statements categorize primary activities as
governmental type.
1.Government-wide Financial Statements
In the government-wide Statement of Net Position, all balances are reported on a
full accrual, economic resource basis, which recognizes all long-term assets and
receivables as well as long-term debt and obligations.
The government-wide focus is on the sustainability of the District as an entity and
the change in the District’s net position resulting from the current year’s activities.
As a general rule, the effect of interfund activity has been eliminated from the
government-wide financial statements.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D2
I.Summary of Significant Accounting Policies (continued)
B.Government-wide and Fund Financial Statements (continued)
2.Fund Financial Statements
The financial transactions of the District are reported in individual funds in the
fund financial statements. Each fund is accounted for by providing a separate
set of self-balancing accounts that comprises its assets, liabilities, reserves, fund
equity, revenues and expenditures/expenses. The fund focus is on current
available resources and budget compliance.
The District reports the following governmental funds:
The General Fund is the District’s primary operating fund. It accounts for all
financial resources of the District, except those required to be accounted for in
another fund.
The Debt Service Fund accounts for the resources accumulated and payments
made for principal and interest on long-term general obligation debt of the
governmental funds.
C.Measurement Focus, Basis of Accounting, and Financial Statement Presentation
Measurement focus refers to whether financial statements measure changes in current
resources only (current financial focus) or changes in both current and long-term
resources (long-term economic focus). Basis of accounting refers to the point at which
revenues, expenditures, or expenses are recognized in the accounts and reported in the
financial statements. Financial statement presentation refers to classification of revenues
by source and expenses by function.
1.Long-term Economic Focus and Accrual Basis
Governmental activities in the government-wide financial statements use the
long-term economic focus and are presented on the accrual basis of accounting.
Revenues are recognized when earned and expenses are recognized when
incurred, regardless of the timing of the related cash flows.
2.Current Financial Focus and Modified Accrual Basis
The governmental fund financial statements use the current financial focus and
are presented on the modified accrual basis of accounting. Under the modified
accrual basis of accounting, revenues are recorded when susceptible to accrual;
i.e., both measurable and available. “Available” means collectible within the
current period or soon enough thereafter (60 days)to be used to pay liabilities of
the current period. Expenditures are generally recognized when the related
liability is incurred. The exception to this general rule is that principal and interest
on general long-term debt, if any, is recognized when due.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D3
I.Summary of Significant Accounting Policies (continued)
C.Measurement Focus, Basis of Accounting, and Financial Statement Presentation
(continued)
3.Financial Statement Presentation
Amounts reported as program revenues include capital grants and contributions,
including special assessments. Internally dedicated resources are reported as
general revenues rather than as program revenues. Likewise, general revenues
include all taxes and interest income.
D.Financial Statement Accounts
1.Cash and Cash Equivalents
Cash and equivalents are defined as deposits that can be withdrawn at any time
without notice or penalty and investments with maturities of three months or less.
Investments are stated at net asset value or amortized cost. The change in fair
value, net asset value, and amortized cost of investments is recognized as an
increase or decrease to investment assets and investment income. The District’s
investment policy is detailed in note III.A.
2.Receivables
Receivables are reported net of an allowance for uncollectible accounts.There
was no allowance as of December 31, 2023.
3.Prepaid Expenses and Service Obligations
Certain payments reflect costs applicable to future accounting periods and are
recorded as prepaid items in both the government-wide and fund financial
statements. The cost of prepaid items is recorded as an expenditure/expense
when consumed.
4.Long-term Debt
In the government-wide financial statements, in the fund financial statements,
long-term debt is reported as a liability in the applicable governmental activities,
business-type activities, or proprietary fund type statement of net position.
5.Deferred Outflows and Inflows of Resources
In addition to assets, the Statement of Net Position will sometimes report a
separate section for deferred outflows of resources. This separate financial
statement element, deferred outflows of resources, represents a consumption of
net assets that applies to a future period(s) and so will not be recognized as an
outflow of resources (expense/expenditure) until then. The District does not have
any items to report under this category.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D4
I.Summary of Significant Accounting Policies (continued)
D.Financial Statement Accounts (continued)
5.Deferred Outflows and Inflows of Resources (continued)
In addition to liabilities, the Statement of Net Position will sometimes report a
separate section for deferred inflows of resources. This separate financial
statement element, deferred inflows of resources, represents an acquisition of
net assets that applies to a future period(s) and so will not be recognized as an
inflow of resources (revenue) until that time. Unavailable property tax revenue is
deferred and recognized as an inflow of resources in the period that the amounts
become available and earned.
6.Fund Balance
The District classifies governmental fund balances as follows:
Nonspendable -includes fund balance amounts that cannot be spent either
because it is not in spendable form or because of legal or contractual
requirements.
Restricted –includes fund balance amounts that are constrained for specific
purposes which are externally imposed by providers, such as creditors or
amounts constrained due to constitutional provisions or enabling legislation.
Committed –includes fund balance amounts that are constrained for specific
purposes that are internally imposed by the government through formal action of
the highest level of decision making authority which is the Board of Directors.
Assigned –includes spendable fund balance amounts that are intended to be
used for specific purposes that are neither considered restricted or committed.
Fund balance may be assigned by the Board of Directors or its management
designee.
Unassigned -includes residual positive fund balance within the General Fund
which has not been classified within the other above mentioned categories.
Unassigned fund balance may also include negative balances for any
governmental fund if expenditures exceed amounts restricted, committed, or
assigned for those specific purposes.
The District uses restricted amounts first when both restricted and unrestricted
fund balance is available unless there are legal documents/contracts that prohibit
doing this, such as in grant agreements requiring dollar for dollar spending.
Additionally, the District first uses committed, then assigned, and lastly
unassigned amounts of unrestricted fund balance when expenditures are made.
The District does not have a formal minimum fund balance policy. However, the
District’s budget includes a calculation of targeted reserve positions and
management reports the targeted amounts annually to Board of Directors.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D5
I.Summary of Significant Accounting Policies (continued)
E.Use of Estimates
The preparation of financial statements in conformity with GAAP requires the District’s
management to make estimates and assumptions that affect the reported amounts of
assets and liabilities, the disclosure of contingent assets and liabilities at the date of the
financial statements, and the reported amount of revenues and expenditures or expenses
during the reporting period. Actual results could differ from those estimates.
II. Stewardship, Compliance, and Accountability
A.Budgetary Information
In the fall of each year, the District's Board of Directors formally adopts a budget with
appropriations by fund for the ensuing year pursuant to the Local Government Budget
Law of Colorado. The budgets for the funds are adopted on a basis consistent with
generally accepted accounting principles (“GAAP”).
As required by Colorado statutes, the District followed the following timetable in
approving and enacting a budget for 2023:
(1)For the 2023 budget year, prior to August 25, 2022, the County Assessor sent to
the District the certified assessed valuation of all taxable property within the
District’s boundaries and prior to December 10, 2022, the County Assessor sent
the final recertified assessed valuation to the District.
(2)On or before October 15, 2022, the District’s accountant submitted to the
District’s Board of Directors a recommended budget which detailed the
necessary property taxes needed along with other available revenues to meet
the District’s operating requirements.
(3)A public hearing on the proposed budget and capital program was held by the
Board no later than 45 days prior to the close of the fiscal year.
(4)For the 2023 budget, prior to December 15, 2022, the District computed and
certified to the County Commissioners a rate of levy that derived the necessary
property taxes as computed in the proposed budget.
(5)For the 2023 budget, the final budget and appropriating resolution was adopted
prior to December 31, 2022.
After adoption of the budget resolution, the District may make the following changes: a) it
may transfer appropriated monies between funds or between spending agencies within a
fund, as determined by the original appropriation level; b) it may approve supplemental
appropriations to the extent of revenues in excess of the estimated in the budget; c) it
may approve emergency appropriations; and d) it may reduce appropriations for which
originally estimated revenues are insufficient.
Taxes levied in one year are collected in the succeeding year. Thus, taxes certified in
2022 were collected in 2023 and taxes certified in 2023 will be collected in 2024. Taxes
are due on January 1st in the year of collection; however, they may be paid in either one
installment (no later than April 30th) or two equal installments (not later than February 28th
and June 15th) without interest or penalty. Taxes which are not paid within the prescribed
time bear interest at the rate of one percent (1%) per month until paid. Unpaid amounts
and the accrued interest thereon become delinquent on June 15th.
The level of control in the budget at which expenditures exceed appropriations is at the
fund level. All appropriations lapse at year end.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D6
II. Stewardship, Compliance, and Accountability (continued)
B.TABOR Amendment
In November 1992, Colorado voters amended Article X of the Colorado Constitution by
adding Section 20, commonly known as the Taxpayer's Bill of Rights (“TABOR”). TABOR
contains revenue, spending, tax and debt limitations that apply to the State of Colorado
and local governments. TABOR requires, with certain exceptions, advance voter
approval for any new tax, tax rate increase, mill levy above that for the prior year,
extension of any expiring tax, or tax policy change directly causing a net tax revenue gain
to any local government. Any revenues earned in excess of the fiscal year spending limit
must be refunded in the next fiscal year, unless voters approve retention of such excess
revenue.
Except for refinancing bonded debt at a lower interest rate or adding new employees to
existing pension plans, TABOR requires advance voter approval for the creation of any
multiple-fiscal year debt or other financial obligation unless adequate present cash
reserves are pledged irrevocably and held for payments in all future fiscal years.
TABOR also requires local governments to establish an emergency reserve to be used
for declared emergencies only. The reserve is calculated at 3% of fiscal year spending.
Fiscal year spending excludes bonded debt service and enterprise spending. The District
has reserved $190, which is the approximate required reserve, at December 31, 2023.
Under TABOR, the initial base for local government spending and revenue limits is
December 31, 1992 fiscal year spending. The District’s first year of operations ended
December 31, 1995. Future spending and revenue limits are determined based on the
prior year’s fiscal year spending adjusted for inflation in the prior calendar year plus
annual local growth. Fiscal year spending is generally defined as expenditures and
reserve increases with certain exceptions. Revenue, if any, in excess of the fiscal year
spending limit must be refunded in the next fiscal year unless voters approve retention of
such revenue.
The electorate of the District authorized property taxes to be increased up to $1,500,000
in 2005, plus up to an additional $3,000,000 in 2007, and each year thereafter to pay the
Districts operations, maintenance, and other expenses, such amounts to increase
annually in an amount not to exceed the applicable limitations of Article X, Section 20 of
the Colorado Constitution and Colorado Law.
The District’s electorate further approved that the District’s taxes be increased
$120,000,000 annually, or by such lesser annual amount as may be necessary to pay the
District’s general or special obligation bonds, revenue bonds or other multiple fiscal year
financial obligations, including contracts, issued for the purpose of refunding, paying or
defeasing, in whole or in part, bonds, notes or other financial obligations of the District.
Such taxes may consist of an ad valorem property tax mill levy imposed without limitation
of rate and in amounts sufficient to produce the annual increase set forth above or such
lesser amount as may be necessary. The revenue from such taxes and any other monies
used to pay such general or special obligation bonds, revenue bonds or other multiple
fiscal year financial obligations costs, and investment income thereon, may be collected
and spent by the District without regard to any expenditure, revenue raising, or other
limitation contained within Article X, Section 20 of the Colorado Constitution.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D7
II.Stewardship, Compliance, and Accountability (continued)
B.TABOR Amendment (continued)
The District’s management believes it is in compliance with the financial provisions of
TABOR. However, TABOR is complex and subject to interpretation. Many of its
provisions, including the interpretation of how to calculate fiscal year spending limits, will
require judicial interpretation.
C.Authorized But Unissued Debt
Pursuant to C.R.S. 32-1-1101(2) a District is only authorized to issue bonds for a period
up to twenty years following the date of the election at which such bonds were authorized
by the District’s voters. The District has to following authorizations remaining as of
December 31, 2023:
Da te of Authori zation Au thorization
Authorizati on Am ount Used Re maining
Street Fac ilities 11/1/2005 20,000,000 3,338,449 16,661,551
Drainage Facilities 11/1/2005 2,000,000 - 2,000,000
Security Fac ilities 11/1/2005 1,000,000 - 1,000,000
Traffi c/Safety Prot ec tion Fac ilities 11/1/2005 2,000,000 323,582 1,676,418
Operat ions and Administration 11/1/2005 20,000,000 - 20,000,000
Cos ts of Acquiring/Cons truc ting Fac ilities 11/1/2005 20,000,000 - 20,000,000
Cos ts of Acquiring/Cons truc ting Fac ilities 11/1/2005 20,000,000 - 20,000,000
Water Facilities 11/6/2007 5,000,000 682,256 4,317,744
Sani tary Sewer Facilities 11/6/2007 5,000,000 682,256 4,317,744
Park s and Rec reat ion 11/6/2007 5,000,000 962,346 4,037,654
Publ ic Trans port at ion 11/6/2007 5,000,000 - 5,000,000
Mosqui to Control 11/6/2007 1,000,000 - 1,000,000
Fire Prot ec tion 11/6/2007 5,000,000 - 5,000,000
Televi sion Relay 11/6/2007 1,000,000 91,111 908,889
Operat ions and Administration 11/6/2007 5,000,000 - 5,000,000
Refunding 11/1/2005 40,000,000 9,400,000 30,600,000
157,000,000 15,480,000 141,520,000
Purpose
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D8
III.Detailed Notes on all Funds
A.Deposits and Investments
The District’s deposits are entirely covered by federal depository insurance (“FDIC”) or by
collateral held under Colorado’s Public Deposit Protection Act (“PDPA”). The FDIC
insures the first $250,000 of the District’s deposits at each financial institution. Deposit
balances over $250,000 are collateralized as required by PDPA. The carrying amount of
the District’s demand deposits was $0 at year end.
Colorado statutes specify investment instruments meeting defined rating and risk criteria
in which local governments, and entities such as the District, may invest which include:
Obligations of the United States and certain U.S. government agency securities
Certain international agency securities
General obligation and revenue bonds of U.S. local government entities
Bankers’acceptances of certain banks
Commercial paper
Written repurchase agreements collateralized by certain authorized securities
Certain money market mutual funds
Guaranteed investment contract
Local government investment pools
Interest Rate Risk.As a means of limiting its exposure to interest rate risk, the District
diversifies its investments by security type and institution, and limits holdings in any one
type of investment with any one issuer and type of issuer. The District coordinates its
investment maturities to closely match cash flow needs and restricts the maximum
investment term to less than five years (less in some cases) from the purchase date. As
a result of the limited length of maturities the District has limited its interest rate risk.
Credit Risk.District investment policy limits investments to those authorized by State
statutes. The District’s general investment policy is to apply the prudent-person rule:
investments are made as a prudent person would be expected to act, with discretion and
intelligence, to seek reasonable income, preserve capital, and, in general, avoid
speculative investments.
Concentration of Credit Risk.The District diversifies its investments by security type and
institution. Financial institutions holding District funds must provide the District a copy of
the certificate from the Banking Authority that states that the institution is an eligible
public depository.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D9
III.Detailed Notes on all Funds (continued)
A.Deposits and Investments (continued)
At year end, the District had the following deposits and investments with the following
maturities:
Standa rd Te rm to Ma turity
& Poors Ca rrying Le ss tha n More tha n
Ra ti ng Am ounts one year one year
Deposits:
Chec king and savi ngs Not rat ed - - -
Investment s:
Inve sco Treasury Port folio AAAm 424,669 424,669 -
Inve stment pool AAAm 257,515 257,515 -
682,184 682,184 -
At December 31, 2023, the District had the following recurring fair value measurements:
Total
Inves co Treas ury Port fo lio 424,669
424,669
Total
CS AFE 257,515
257,515
Inve st ments Me asure d
at Net Asse t Va lue
Inve st ments Me asure d
at Amorti zed Cost
Fair Value of Investments.The District measures and records its investments using fair
value measurement guidelines established by generally accepted accounting principles.
These guidelines recognize a three-tiered fair value hierarchy, as follows:
Level 1: Quoted prices for identical investments in active markets;
Level 2: Observable inputs other than quoted market prices; and,
Level 3: Unobservable inputs.
Investments classified in Level 1 are valued using prices quoted in active markets for
those securities. Investments classified in Level 2 are valued using the following
approaches:
U.S. Treasuries, U.S. Agencies, and Commercial Paper: quoted prices for identical
securities in markets that are not active;
Repurchase Agreements, Negotiable Certificates of Deposit, and Collateralized Debt
Obligations: matrix pricing based on the securities’ relationship to benchmark quoted
prices;
Money Market, Bond, and Equity Mutual Funds: published fair value per share (unit)
for each fund.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D10
III.Detailed Notes on all Funds (continued)
A.Deposits and Investments (continued)
The District had invested $257,515 in the Colorado Surplus Asset Fund (“CSAFE”). The
Trust is an investment vehicle established for local government entities in Colorado to
pool surplus funds. The State Securities Commissioner administers and enforces all
State statutes governing the Trust. The Trust operates similarly to a money market fund,
measured at net asset value, and each share is equal in value to $1.00. Investments
consist of U.S. Treasury bills, notes and note strips and repurchase agreements
collateralized by U.S. Treasury securities. A designated custodial bank provides
safekeeping and depository services in connection with the direct investment and
withdrawal functions. Substantially all securities owned are held by the Federal Reserve
Bank in the account maintained for the custodial bank.
B.Long-term Obligations
1.2023 Unlimited Tax General Obligation Loan
The District obtained a $9,400,000 unlimited tax general obligation loan on April 26,
2023. Interest is payable semiannually on June 1 and December 1, commencing
December 1, 2008. The loan matures in various amounts through 2034 and bears
interest equal to 3.330%. The loan is a general obligation of the District and
supported by a Joint Funding Agreement between the Operating District and the
Financing Districts. The Joint Funding Agreement generally provides that the
Financing Districts will assess mill levies to collect property taxes which will be paid
to the District to be used to pay the principal and interest payments required by the
loan.
The loan was obtained to refund the 2008B Tax-Exempt Loan that originally financed
the design, acquisition, construction, relocation, installation, completion and provision
of public improvements and facilities. The District also used loan proceeds to repay a
portion of the long-term obligation to the Developer.
2.Long-term Obligation Activity
The District had the following activity related to long-term obligations during the year
ended December 31, 2023:
Be ginning En ding Due Withi n
Ba lance Addi ti ons Re ducti ons Ba la nce One Year
Bonds pay able:
G.O. Refunding Loan, Seri es 2023 - 9,400,000 (404,000) 8,996,000 691,000
- 9,400,000 (404,000) 8,996,000 691,000
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D11
IV.Other Information
A.Risk Management
Colorado Special Districts Property and Liability Pool
The District is exposed to various risks of loss related to torts; theft of, damage to, and
destruction of assets; errors and omission; and general liability. The District is a member
of the Colorado Special District Property and Liability Pool (“Pool”) for property and
liability insurance.
The Pool was formed by an intergovernmental agreement to provide public officials,
property, general and automobile liability coverage for claims up to $1,000,000, except if
the claim falls within the government immunity statute, then the coverage is $150,000 per
person and a $600,000 aggregate claim. The Pool is reinsured for 80% of the first
$250,000 of all claims and 100% for claims in excess of $250,000. The District may be
required to make additional contributions in the event aggregate losses incurred by the
Pool exceed amounts recoverable from reinsurance contracts. Any excess funds, which
the Pool determines are not needed for purposes of the Pool may be returned to the
members pursuant to a distribution formula. Any settled claims are not expected to
exceed coverage. A summary of audited statutory basis financial information for the Pool
as of and for the year ended December 31, 2023 (the latest available information) is as
follows:
Asse ts 81,143,798
Liabilities 58,670,068
Capi tal and surplus 22,473,730
Total 81,143,798
Revenue 29,593,851
Underwri ting ex pens es 31,416,477
Underwriting gain (l os s)(1,822,626)
Other inc ome 1,695,393
Ne t incom e (l oss)(127,233)
B.Commitments and Contingencies
During the normal course of business, the District may incur claims and other assertions
against it from various agencies and individuals. Management of the District and their
legal representatives have disclosed that they are not aware of any material outstanding
claims against the District at December 31, 2023.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D12
V.Intergovernmental Agreements
A.Joint Funding Agreement
The Operating District obtained two loans in the aggregate principal amount of
$16,000,000 on July 23, 2008 for the purpose of constructing certain public infrastructure
(the “Facilities”) for the benefit of the Districts. Concurrent with obtaining the loans the
Operating District entered into a Joint Funding Agreement with the Financing Districts to
provide funding to the Operating District for the repayment of the loans. The Joint
Funding Agreement generally provides that the Financing Districts will assess mill levies
to collect property tax revenues which will be paid to and used by the Operating District to
pay Financing Costs related to the loans. Financing Costs are defined as the principal
and interest payments required by debt and interest rate swaps obtained or entered into
by the Districts, including replenishment of debt reserve funds.
Concurrent with District No. 3 obtaining the refunding loan in the principal amount of
$9,400,000 on April 1, 2023 (the “2023 Loan”), the Joint Funding Agreement described
above was replaced with the Amended and Restated Joint Funding Agreement, dated as
of April 1, 2023, among the Operating District and Financing Districts. The Amended and
Restated Joint Funding Agreement generally provides that the Financing Districts will
assess mill levies to collect property tax revenues which will be paid to and used by the
District No. 3 to pay Financing Costs related to the 2023 Loan. Financing Costs are
defined as the principal and interest payments required by debt entered into by the
Districts, including replenishment of debt reserve funds.
In 2023, the mill levy assessed for collection in 2024 was 23.000 mills in Vail Square
Metropolitan District No. 2, with 20.000 mills allocated for the Amended and Restated
Joint Funding Agreement and 3.000 mills for the District Coordinating Services
Agreement; and, 14.797 mills in Vail Square Metropolitan District No. 3, with 11.797 mills
allocated for the Amended and Restated Joint Funding Agreement and 3.000 mills for the
District Coordinating Services Agreement.
The District has recorded a capital obligation receivable from the Financing District No. 2
as of December 31, 2023 in the amount of $6,202,395 which represents unreimbursed
costs incurred through that date for the refunding of debt originally issued to pay
infrastructure construction and costs related to issuance of and debt service on the loans.
This amount has been allocated between the Financing Districts based on the District’s
forecast of the future annual bond costs to be paid by each Financing District. However,
each Financing District is responsible to pay Financing Costs until the District’s loans
have been fully repaid and the ultimate allocation of the Financing Costs between the
Financing Districts will be dependent on the assessed value and mill levy of each
Financing District over the life of the District’s loans.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D13
V.Intergovernmental Agreements (continued)
B.District Facilities Joint Financing, Construction and Service Agreement
The Agreement generally provides an obligation for the Financing Districts to pay for the
acquisition and construction of the Facilities (defined above), to the extent not funded by
the Joint Funding Agreement (the Capital Obligation), and operation and maintenance of
the Facilities and administrative expenses incurred by the Operating District (the Service
Obligation). The Financing Districts are obligated to generate and pay to the Operating
District certain tax and other revenues to fund the Capital Obligation and the Service
Obligation.
In any given year the Financing Districts are obligated to fund such portion of the Capital
and Service Obligations as may be funded with the District taxes available from
imposition of a subordinate mill levy, together with other charges imposed by the
Financing Districts.
The Agreement specifies certain termination rights on the part of the Districts. Various
limitations and conditions to such termination rights exist and reference to the text of the
Agreement should be made for specific terms.
C.District Coordinating Services Agreement
The Operating District and Financing Districts entered into the District Coordinating
Service Agreement on November 13, 2023. The Agreement terminated the District
Facilities Joint Financing, Construction and Service Agreement. The Agreement generally
provides an obligation for the Districts to pay for the operation and maintenance of the
Facilities and administrative expenses incurred by the Operating District (the “Service
Obligation”). The Financing Districts are obligated to generate and pay to the Operating
District certain tax and other revenues to fund the Service Obligation.The Operating
District is responsible for preparing annual preliminary budget proposals to the Financing
Districts for their consideration. The Financing Districts are required to deposit 1/12th of
the annual costs from the budget with the Coordinating District on a monthly basis.
The District has recorded a prepaid service obligation with the Operating District as of
December 31, 2023 in the amount of $296,122.
The Agreement specifies certain termination rights on the part of the Districts. Various
limitations and conditions to such termination rights exist and reference to the text of the
Agreement should be made for specific terms.
Vail Square Metropolitan District No. 3
Notes to the Financial Statements
December 31, 2023
(continued)
D14
V.Intergovernmental Agreements
D.Pledge Agreements
The Districts have entered into an Intergovernmental Agreement and Amended and
Restated Pledge Agreement with the Vail Reinvestment Authority.
Under these agreements and in consideration for the Districts’ commitment to undertake
construction of certain public improvements, the Vail Reinvestment Authority agrees to
transfer to the Districts the District Tax Increment Revenues, to which the Authority would
otherwise be entitled under an Urban Renewal Plan relating to the project.
Under the second agreement the Authority pledged the Tax Incremental Revenue to the
2008 Loan.
The Districts entered into an Amended and Restated Pledge Agreement on April 1, 2023
with Vail Reinvestment Authority. The agreement replaces the previous pledge
agreement and pledges the Authority’s Debt Service District Tax Increment Revenues to
District No. 3 to assist with repayment of the 2023 Loan and Operations District Tax
Increment Revenues to District No. 1 to assist with paying the Financing Districts
operation and maintenance costs.
VI.Restatement of Fund Balance and Net Position
The District’s Fund Balance was restated and increased by $326,248 for a change in the
calculation of the Service Obligation as described in Note V.B. The District’s Net Position was
restated and decreased $1,346,225 for a change in the calculation of the Capital Obligation as
described in Note V.B.
REQUIRED SUPPLEMENTARY INFORMATION
Final
Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)
Revenues:
Intergovernmental agreement 3,254 3,846 6,418 2,572
Total Revenues 3,254 3,846 6,418 2,572
Expenditures:
General government:
Accounting and auditing 3,200 3,200 3,118 82
Insurance 3,200 3,200 3,300 (100)
Total General Government Expenditures 6,400 6,400 6,418 (18)
Other Financing Sources:
Transfers in 6,146 5,554 - (5,554)
Total Other Financing Sources 6,146 5,554 - (5,554)
Net Change in Fund Balance 3,000 3,000 - (3,000)
Fund Balance - Beginning 200 200 200 -
Fund Balance - Ending 3,200 3,200 200 (3,000)
Vail Square Metropolitan District No. 3
Schedule of Revenues, Expenditures and Changes in Fund Balance
Budget and Actual
Governmental Funds - General Fund
For the Year Ended December 31, 2023
E1
SUPPLEMENTARY INFORMATION
Final
Budget
Variance
Original Final Positive
Budget Budget Ac tual (Negative)
Revenues:
Property taxes 518,276 518,276 113,497 (404,779)
Specific ownership taxes 25,914 25,914 30,141 4,227
Intergovernmental agreement - 902,556 1,194,314 291,758
Interest income 2,000 2,000 21,906 19,906
Total Revenues 546,190 1,448,746 1,359,858 (88,888)
Expenditures:
General government:
Intergovernmental agreement 531,675 9,073,930 9,187,180 (113,250)
Treasurer fees 8,369 8,369 8,380 (11)
Debt service:
Principal - 422,000 404,000 18,000
Interest - 313,020 186,943 126,077
Contingency - 10,000 - 10,000
Bond issuance costs - 406,000 276,122 129,878
Total Expenditures 540,044 10,233,319 10,062,625 170,694
Excess of Revenues Over (Under)
Expenditures 6,146 (8,784,573) (8,702,767) 81,806
Other Financing Sources (Uses):
Bond proceeds - 9,400,000 9,400,000 -
Transfers (out)(6,146) (5,554) - 5,554
Total Other Financing (Uses)(6,146) 9,394,446 9,400,000 5,554
Net Change in Fund Balance - 609,873 697,233 87,360
Fund Balance - Beginning (restated)- - 326,248 326,248
Fund Balance - Ending - 609,873 1,023,481 413,608
Schedule of Revenues, Expenditures and Changes in Fund Balance
Vail Square Metropolitan District No. 3
For the Year Ended December 31, 2023
Governmental Funds - Debt Service Fund
Budget and Actual
F1