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HomeMy WebLinkAboutR12-080 Wolcott Metropolitan District Nos. 1-4 Consolidated Service Plan EAGLE COUNTY, CO 201219291
TEAK J SIMONTON
Aga: 139 12:01 20PM 09/25/2012
REG: 80.00 DOC: Y
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of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2012 -
Approval of Consolidated Service Plan for the Wolcott Metropolitan Districts Nos. 1 -4
File No. SD - 3715
WHEREAS, pursuant to the provisions of the "Special District Control Act, Part 2 of
Article 1, Title 32, C.R.S., the Petitioners of the proposed Districts ( "Petitioners ") filed a
Consolidated Service Plan (the "Service Plan") for the proposed Wolcott Village Planned United
Development the ( "PUD ") with Eagle County on April 20, 2012; and
WHEREAS, the PUD, Eagle County File No. PDS -2714, received Sketch Plan approval
by the Eagle County Board of County Commissioners (the "BoCC ") on February 28, 2012; and
WHEREAS, the Service Plan has been submitted by Petitioners for approval by Eagle
County prior to approval of a Preliminary Plan for the PUD in order to permit submission of the
Service Plan to the District Court for the District of Colorado in time to allow submission of
bonded indebtedness approval to the eligible voters on such indebtedness in November 2012;
and
WHEREAS, the Service Plan was reviewed and recommended for approval by the Eagle
County Planning Commission by unanimous vote on May 16, 2012; and
WHEREAS, at a public hearing on July 3, 2012, the BoCC heard testimony from Eagle
County staff and the Petitioners and received and reviewed documentation concerning the
Service Plan, and at the conclusion of such public hearing voted unanimously to continue the
public hearing on the Service Plan to July 10, 2012, and directed Eagle County staff to prepare
for BoCC review and possible approval, with appropriate conditions as discussed at the July 3
hearing, at such continued public hearing; and
WHEREAS, the BoCC has reviewed and hereby approves the conditions of approval of
the Service plan as shown on Exhibit A hereto, and understand that such conditions also are
acceptable to and will be observed by Petitioners and the applicant, and the representatives of the
applicant for Sketch Plan approval of the PUD; and
201219291 1 OF 139
WHEREAS, a duly executed Certificate of Publication and Mailing of Notice of Hearing
in re Organization of the Wolcott Metropolitan District No. 1, Wolcott Metropolitan District No.
2, Wolcott Metropolitan District No. 3 and Wolcott Village Metropolitan District No. 4 has been
submitted to the Board at the public hearing on July 3, 2012 and is on file with Eagle County;
and
WHEREAS, evidence satisfactory to the BoCC sufficient to support each of the
necessary findings mandated by applicable Colorado Revised Statutes for Eagle County approval
of the Service Plan has been presented to the Board, as follows:
a. There is sufficient existing and projected need for organized services in the area to be
served by the special districts;
b. The existing service in the area to be served by the special districts is inadequate for
the present and projected needs;
c. The special districts are capable of providing economical sufficient service to the area
within its boundaries;
d. The area included in the special districts has, or will have, the financial ability to
discharge the proposed /existing indebtedness on a reasonable basis;
e. Adequate service is not, or will not be, available to the area through Eagle County or
other existing municipal or quasi- municipal corporations, including existing special
districts, within a reasonable time and on a comparable basis;
f. The facility and service standards of the Districts are compatible with the facility and
the service standards of Eagle County, and each municipality that is an interested
party under C.R.S. Section 32 -1- 204(1);
g. The Service Plan is in substantial conformance with the master plan adopted pursuant
to Section 30 -28 -106, C.R.S.;
h. The Service Plan is in compliance with the duly adopted long range water quality
management plan for the area; and
i. The Service Plan will be in the best interest of the area to be served.
NOW, THEREFORE, BE IT RESOLVED BY EAGLE COUNTY, COLORADO:
THAT, subject to the conditions of approval attached hereto as Exhibit A, the Service
Plan attached hereto as Exhibit B is hereby approved by the Board of County Commissioners of
Eagle County; and
THAT the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of the County of Eagle, State of Colorado.
2
•
•
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 10th day of July, 2012.
COUNTY OF EAGLE, STATE OF
. COLORADO, by and through its
ATTEST: ��3' L o y, OARD OF COUNTY COMMISSIONERS
pie » . , .r /i = pO � ' y
Tea . Simonto r ° Peter F. Runyon
Clerk to the Board of Chairman
County Commissioners ''
leis'__ Dr(hvi ,
By: 4 4, 4 ea.%
Jo S a ey, Vice Ch.' an
By: .rte [•_• '
Sara J. Fisher
Commissioner
Commissioner ' 1 )L-- -1 r-`-1 seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Runyon �� -�5 -► �+
Commissioner Stavney ,
Commissioner Fisher
This Resolution passed by / D vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
3
EXHIBIT A
(CONDITIONS OF APPROVAL OF CONSOLIDATED SERVICE PLAN)
1. The Planned Unit Development (the "PUD ") for the Wolcott Development
has received Sketch Plan Approval. Although the PUD and the Service
Plan both relate to the same project:
a) the Board of County Commissioners retains the authority to consider
each application separately — approval of the Service Plan does not
create any expectation regarding approval of the PUD;
b) the approval of the Service Plan shall bestow no vested development
rights upon the subject property; and
c) the final allocation of responsibility for maintaining streets within the
development shall be established no later than approval of the
Preliminary Plan.
2. If the Preliminary Plan has not been approved by the County
Commissioners by May 1, 2013, the Districts shall either be put on inactive
status pursuant to Section 32 -1 -104, C.R.S., or be dissolved, with such
determination made at the discretion of the Districts' Boards of Directors.
The foregoing Preliminary Plan application deadline may be extended by
the Board of County Commissioners.
3. The initial boundaries of all of the Districts shall be identical to the
boundaries of the Service District as described in Exhibit B to the Service
Plan. Property shall be included (the "Inclusions ") into the Taxing
Districts' boundaries after the closing (the "Closing ") of the sale of real
property within the Wolcott Development by CJC Properties Limited
Partnership and G. Jouflas Ranches LLC to Wolcott Valley Land Investors,
LLC (together, the "Parties "). After the Inclusions are completed, the
Taxing Districts' boundaries are anticipated to be identical to the
boundaries described in Exhibit B to the Service Plan.
4. If the Closing does not occur by May 1, 2013, the Court Order forming the
Districts shall either be rescinded or the Inclusions shall not be effectuated
unless such deadline is extended by the unanimous written consent of the
Parties in their sole and absolute discretion.
(00283338 DOCX / 4) EXHIBIT
1
5. Until the Preliminary Plan has been approved by the County
Commissioners and the Closing has occurred:
a) the Districts shall not levy taxes, impose rates, fees or charges, issue
debt, or execute any agreements;
b) the Order and Decree organizing the Districts shall not be recorded; and
c) the Districts shall not hold their organizational meetings.
6. The Districts shall not exercise any park and recreation powers until an
intergovernmental agreement has been executed by and among the Districts
and Western Eagle County Metropolitan Recreation District.
7. Inclusion of the Eagle Springs Golf Club into the Districts shall not be a
material modification to the Service Plan. Such inclusion shall remain
subject to all requirements of law, including approval by property owner
and the applicable District Board.
{00283338.DOCX / 4) 2
THE WOLCOTT
METROPOLITAN
DISTRICTS
NOS. 1 THRU 4
CONSOLIDATED SERVICE PLAN
Eagle County
July 2012
EXHIBIT
{00283291 DOCX /)
WOLCOTT METROPOLITAN DISTRICTS 1 THRU 4
EAGLE COUNTY
COLORADO
PREPARED BY
COMMUNITY CONCEPTS COLORADO, LLC
BOUNDARIES UNLIMITED INC.
STAN BERNSTEIN & ASSOCIATES, INC.
COLLINS COCKREL & COLE
{00283291.DOCX /}
• 4 4
TABLE OF CONTENTS
1. INTRODUCTION 1
2. PURPOSES OF DISTRICTS 2
3. PROPOSED DISTRICT BOUNDARIES /SERVICE AREA 4
4. PERMITTED LAND USES / POPULATION PROJECTIONS / ASSESSED
VALUATION 4
5. DESCRIPTION OF DISTRICT POWERS, SERVICES AND
IMPROVEMENTS 4
(a) Services and Improvements. 5
(b) Other Powers 9
6. ESTIMATED COSTS OF IMPROVEMENTS 10
7. ESTIMATED COSTS OF OPERATIONS AND MAINTENANCE 11
8. FINANCIAL PLAN / PROPOSED INDEBTEDNESS 11
(a) Financial Plan 11
(b) Bond Issuance and Developer Advances. 12
(c) Debt Authorization 13
(d) Parameters for Debt Issuance 14
(e) Revenue Sources. 15
(f) Operations, Maintenance and Administration. 15
9. INCLUSIONS / EXCLUSIONS 15
10. DISSOLUTION / CONSOLIDATION / INACTIVE STATUS 16
11. CONCLUSION 16
{00283291.DOCX /}
1
4 4
* 1 A
LIST OF EXHIBITS
EXHIBIT A Financial Plan
EXHIBIT B Legal Descriptions
EXHIBIT C Boundary Map
EXHIBIT D Vicinity Map
EXHIBIT E Site Plan
EXHIBIT F Cost Summaries of Improvements
EXHIBIT G Map of Location of Improvements
EXHIBIT H Form of Mill Levy Disclosure Statement
{00283291.DOCX /}
•
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1. INTRODUCTION
The Wolcott Development is a mixed use "new town" development (the
"Development ") located at Wolcott, Colorado in Eagle County (the "County "),
consisting of 373 acres proposed to be developed into approximately 431 residential units
(which may be developed into a maximum of 679 residential "unit counts" including
accessory dwelling units) and up to 150,000 square feet of commercial space. The
development will occur in phases, thus making appropriate the establishment of multiple
metropolitan districts to handle the various stages and types of development.
Wolcott Metropolitan District No. 1 (the "Service District ") will be responsible
for oversight of the construction and financing, ownership and operation of the public.
infrastructure. District No. 2 and District No. 4 will consist of residential neighborhoods
to be developed as the market allows, with District No. 3 consisting of the commercial
development as well as associated residential units (collectively, District Nos. 2 through 4
comprise the "Financing Districts" and together with the Service District they comprise
the "Districts "). Commercial property is assessed for taxation purposes at nearly four
times that of residential property, thus warranting a lower property tax levy in the
commercial area, able to be achieved through placing the commercial property in a
separate District. It is possible that a District No. 5 could be requested to be formed at a
later date in order to adjust the phasing of development.
The Wolcott Development is currently owned by three separate parties.
Community Concepts Colorado is the applicant of the Planned Unit Development (the
"PUD ") for the Wolcott Development. References in this Service Plan to a "Developer"
apply to Community Concepts Colorado, LLC and any affiliated or related entity, and
any successor developer or an affiliated or related entity thereof.
The Wolcott Development PUD has received Sketch Plan Approval from the
Eagle County (the "County ") Board of County Commissioners. The Developer is
preparing the PUD Preliminary Plan for submittal to the County. The concurrent
submittal of PUD and Service Plan applications is necessary because the Service District
is to execute one or more intergovernmental agreements with the Colorado Department of
Transportation ( "CDOT ") before the end of 2012, which in turn requires that the
Districts' organizational elections be held on November 7, 2012.
Although the PUD and the Service Plan both relate to the same project, the Board
of County Commissioners retains the authority to consider each application separately.
In particular, the approval of this Service Plan shall bestow no vested rights upon the
subject property. As further described in Section 10, if the Final PUD is not approved by
May 1, 2013, the Districts shall either be put on inactive status or be dissolved.
This Service Plan gives an overview of the services and functions that the Districts
are expected to provide and it also sets forth the parameters of the Districts' authority.
{00283291.DOCX /} 1
However, the projections contained in this Service Plan (including the Financial Plan and
a description of the public and private improvements in the Wolcott Development)
represent the best current information and estimates of the parties but are not intended to
create limitations on the Districts.
The Districts will have all the powers and authorities available to metropolitan
districts under Title 32, Article 1, C.R.S. (as amended from time to time, the "Special
District Act "), although all may not be utilized. As related below, water and sewer will
be provided by the Eagle River Water and Sanitation District; fire protection by either the
Eagle River Fire Protection District or Greater Eagle Fire Protection District; and
emergency medical services by the Eagle County Health Service District. The Districts'
boundaries will overlap with Western Eagle County Metropolitan Recreation District.
The Fire Districts and the Health Service District (Ambulance District) will
develop facilities as the need arises. The Water and Sanitation District has agreed to
establish a Water and Sanitation Subdistrict (the "Water and Sanitation Subdistrict ")
for water and wastewater purposes; and with security provided by the Developer, has
agreed to arrange for financing, construction, ownership and operation of the water and
sewer facilities. Those costs may be assisted by the Districts as is required and/or able to
be accomplished. The Water and Sanitation District shall also determine the adequacy of
the water rights being conveyed to it by the Developer for the Development.
All other infrastructure, including but not limited to streets, drainage, traffic
signalization, transportation, parks and recreation, and mosquito control, may be provided
through the Districts, as discussed in Sections 5 and 6 below.
It is estimated that less than one -half of the actual costs of the infrastructure will
be able to be financed through municipal bonds. The rest will be donated by the
Developer. The Financial Plan is set forth in Exhibit A.
2. PURPOSES OF DISTRICTS
As the management and control district, the Service District will be responsible for
managing, implementing and coordinating the financing, acquisition, construction,
completion and operation of certain public infrastructure (all of which public
improvements are referred to herein generally as the "Improvements ") and services
throughout the Development (referred to herein generally as the "Services "). The
Improvements and Services are more particularly described in Sections 5 and 6 below.
The Improvements will be completed for the collective use and benefit of the property
owners and residents of the Districts, as well as for all citizens of the County and
Colorado (the "State "). Upon completion, it is anticipated that the Service District will
dedicate and transfer certain of the Improvements to other governmental entities and/or
one or more owners associations (the "Owners' Associations ") as described in Section 5.
{00283291.DOCX /} 2
The Service District is expected to operate and maintain all other Improvements within
the Development.
It is anticipated that the Developer will make advances to the Service District as
necessary to fund the costs of acquisition, construction and completion of the
Improvements until such time as the Service District can issue bonds. Alternatively, any
of the Districts may, if feasible, issue bonds immediately to fund the costs of the
Improvements and to pay back any developer advances. It is expected that the Financing
Districts will pay all tax collections and other revenue to the Service District, which
revenue will be applied to the payment of debt service on bonds and the costs of
administration, operation and maintenance of the Improvements which are not transferred
to other parties and to the costs of providing the Services. The Service District shall also
administer the Arts and Entertainment Trust Fund and the Wolcott Environmental Trust
Fund (discussed in Section 5(a)).
The arrangements for financing, acquiring, constructing, completing, operating
and maintaining the Improvements and providing the Services will be set forth in an
intergovernmental agreement among the Districts (the "Inter- District IGA "). Because
of the lengthy build -out period of the Development, the use of the Service District as the
management district in cooperation with the Financing Districts will ensure that the
Improvements are financed and constructed in coordination with the various phases of the
Development and not sooner. This phased financing approach will also ensure that
property owners within the Districts are not taxed unnecessarily for Improvements before
they are needed and will reduce the costs of financing generally.
The Development is not presently served with the facilities or services to be
provided by the Districts, nor does the County or any other special district have any plans
to provide such facilities or services within a reasonable time and on a comparable basis.
The Water and Sanitation District has agreed to establish the Water and Sanitation
Subdistrict for water and wastewater purposes; and with security provided by the
Developer, has agreed to arrange for financing, construction, ownership and operation of
the water and sewer facilities. The Water and Sanitation District has purchased land
suitable for water and wastewater treatment facilities to serve the developable areas.
Alternatively, the Water and Sanitation District and Developer may locate the water and
sewer facilities to a different site, to be dedicated by the Developer. The Water and
Sanitation District and Developer are in the process of negotiating a reimbursement
agreement by which the Developer will make advances to the Water and Sanitation
District for the costs of the water and sewer capital improvements, with the intent that
such costs will ultimately be borne by either the Water and Sanitation Subdistrict or the
Districts.
The Districts may enter into an intergovernmental agreement with the County with
respect to the provision of services and facilities within the Development. The Service
District is expected to enter multiple intergovernmental agreements with CDOT (the
{00283291.DOCX /} 3
"CDOT IGAs ") related to highway improvements, including the relocation of
Highway 6 and the modification of the interchanges to I -70.
The use of the Districts to finance, acquire, construct, complete, operate and
maintain the Improvements, which are not transferred to other parties, will assure the
provision of requisite public infrastructure and other attractive public amenities within
the Development and the vicinity and will generally promote the public welfare of the
County. Thus, the organization of the Districts will promote both the interests of present
and future residents, property owners and taxpayers within the Districts as well as the
general interests of the County.
3. PROPOSED DISTRICT BOUNDARIES /SERVICE AREA
The Service District will be organized to manage, implement and coordinate the
financing, acquisition, construction, completion, operation and maintenance of the
Improvements and provision of the Services for the Development. It is anticipated that
there will be no residential or commercial buildings within the Service District. The
general composition of the Financing Districts is described in Section 9. The boundaries
of the Districts are located entirely within the County, as more particularly described in
the legal description of the initial expected boundaries of the Districts attached hereto and
incorporated herein as Exhibit B, and are also shown on the boundary map attached
hereto and incorporated herein as Exhibit C. A vicinity map and site plan are attached as
Exhibit D and Exhibit E. The service area of the Districts will consist of all property
that is included into their collective boundaries, as well as any areas in which off -site
Improvements will be completed (together, the "Service Area ").
4. PERMITTED LAND USES / POPULATION PROJECTIONS / ASSESSED
VALUATION
The Development is planned to offer a mix of residential, mixed -use commercial
(retail and service), municipal and community uses and private active and passive open
space. The expected permanent combined population of the Districts is 1,800 at full
build -out. The current assessed value of all property within the boundaries of the
Districts is approximately $129,510 and is projected to be approximately $50,100,000 at
full build -out.
5. DESCRIPTION OF DISTRICT POWERS, SERVICES AND
IMPROVEMENTS
The Service District will manage, implement and coordinate the financing,
acquisition, construction, completion, operation and maintenance of the Improvements
and the provision of the Services within and without the boundaries of the Districts in
accordance with the terms of the Inter - District IGA. The Districts will possess all the
powers and authorities available to metropolitan districts under the Special District Act,
{00283291.DOCX /} 4
although all may not be utilized. Without limiting the foregoing, the following is a
general description of the Districts' powers and authorities, the Services that they are
expected to provide, and the Improvements that they are expected to acquire or construct.
(a) Services and Improvements.
(i) Park and Recreation Improvements. The Districts shall have the
power and authority to provide for the design, acquisition, construction, installation,
completion, operation and maintenance of parks and recreation improvements and
programs as authorized by the Special District Act, including without limitation a canoe
and kayak club, nature center, river parks, swimming pools, playgrounds and playfields,
pocket parks, meditation lawns, park shelters and facilities, hiking trails, common areas,
open space areas, landscaping, hardscape, wildlife preservation and mitigation, signage,
entry and architectural features, a community center, recreational facilities, irrigation, art
and cultural activities, together with all necessary, incidental and appurtenant facilities,
land and easements, and all extensions of and improvements to such facilities within and
without the boundaries of the Districts. All park and recreation improvements will be
designed and constructed in accordance with any applicable specifications of the County.
It is expected that the Districts or the Owners' Associations will own, operate and
maintain the park and recreation improvements. The Districts' boundaries will overlap
with Western Eagle County Metropolitan Recreation District; it is not anticipated that the
Improvements will be conveyed or maintained by the recreation district.
(ii) Drainage Improvements. The Districts shall have the power and
authority to provide for the design, acquisition, construction, installation, completion,
operation and maintenance of a stormwater management system, including without
limitation stormwater, sewer, flood and surface drainage facilities and systems,
detention/retention ponds and associated drainage facilities, together with all necessary,
incidental and appurtenant facilities, land and easements, and all extensions of and
improvements to such facilities within and without the boundaries of the Districts. It is
expected that the Districts or the Owners' Associations will own, operate and maintain
the drainage improvements. All drainage improvements will be designed and constructed
in accordance with the standards and specifications of the County and any other
applicable State or federal agencies.
(iii) Street Improvements. The Districts shall have the power and
authority to provide for the design, acquisition, construction, installation, completion,
operation and maintenance of street, roadway and related landscaping improvements,
including curbs, gutters, culverts, and other drainage facilities, pedestrian ways, bridges,
alleys, parking facilities, paving, lighting, grading, landscaping, irrigation, and structures;
and street- related electric, telephone, and gas; together with all necessary, incidental, and
appurtenant facilities, land and easements, and all extensions of and improvements to said
facilities within and without the boundaries of the Districts. Improvements related to the
relocation of Highway 6 and modification of the interchanges to I -70 will be constructed
{00283291.DOCX /} 5
P 4
to CDOT standards and may be conveyed to CDOT for ownership and maintenance
pursuant to the CDOT IGAs. All other street improvements will be constructed to
County standards and will be conveyed and transferred to the County, subject to a
warranty period and acceptance, or may be retained by the Districts or conveyed to the
Owners' Associations for perpetual ownership and maintenance. The Districts will retain
the authority to supplement maintenance of roads conveyed to other entities.
(iv) Water Improvements. It is expected that water improvements will
be entirely financed, constructed, owned and operated by the Water and Sanitation
District through use of the Water and Sanitation Subdistrict and Developer financing. To
provide maximum flexibility for financing improvements, the Districts shall also have the
power and authority to provide for the design, acquisition, construction, installation,
completion, operation and maintenance of a complete potable water system and irrigation
water system for the Development, including but not limited to, water rights, water
supply, treatment, storage, transmission and distribution systems for public or private
purposes, together with all necessary and proper reservoirs, treatment works and
facilities, wells, water rights, equipment and appurtenances incident thereto which may
include, but shall not be limited to, transmission lines, distribution mains and laterals,
storage facilities, land and easements, together with extensions of and improvements to
said facilities or systems within and without the boundaries of the Districts. Upon
completion and acceptance by the Water and Sanitation District, all such improvements
shall be transferred to the Water and Sanitation District for ownership, maintenance and
operation, except for supplemental maintenance as may be determined by the Water and
Sanitation District by intergovernmental agreement.
(v) Sewer Improvements. It is expected that sewer improvements will
be entirely financed, constructed, owned and operated by the Water and Sanitation
District through use of the Water and Sanitation Subdistrict and Developer financing. To
provide maximum flexibility for financing improvements, the Districts shall also have the
power and authority to provide for the design, acquisition, construction, installation,
completion, operation and maintenance of sanitary sewers, wastewater treatment and
disposal works and facilities, water quality facilities, equipment and appurtenances
incident thereto, together with all necessary, incidental and appurtenant facilities, land
and easements, and all necessary extensions of and improvements to said facilities or
systems within and without the boundaries of the Districts. Upon completion and
acceptance by the Water and Sanitation District, all such improvements shall be
transferred to the Water and Sanitation District for ownership, maintenance and
operation, except for supplemental maintenance as may be determined by the Water and
Sanitation District by intergovernmental agreement.
(vi) Transportation Improvements. The Districts shall have the power
and authority to provide for the design, acquisition, construction, installation, completion,
operation and maintenance of a system to transport the public by bus, rail, or any other
{00283291.DOCX 7) 6
means of conveyance, or any combination thereof, including transit bus stops and park -n-
ride facilities, together with all necessary, incidental and appurtenant facilities, land and
easements, and all extensions of and improvements to such facilities within and without
the boundaries of the Districts. It is expected that the Districts or the Owners'
Associations will own, operate and maintain the transportation improvements. Any
changes to the location or reduction in the number of transit stops or Park & Ride parking
spaces shall be subject to review and eeramentapproval by ECO Transit.
(vii) Traffic and Safety Controls. The Districts shall have the power and
authority to provide for the design, acquisition, construction, installation, completion,
operation and maintenance of traffic and safety controls and devices on streets and
highways and at railroad crossings, together with all necessary, incidental and
appurtenant facilities, land and easements, and all extensions of and improvements to
such facilities within and without the boundaries of the Districts. The Districts shall have
the authority to enter into agreements with the County, CDOT, or railroad companies for
the erection of such safety controls and devices and for the construction of underpasses or
overpasses at railroad crossings. It is expected that the Districts or the Owners'
Associations will own, operate and maintain the traffic and safety controls.
(viii) Mosquito Control. The Districts shall have the power and authority
to provide for the design, acquisition, construction, installation, completion, operation
and maintenance of improvements to provide for the elimination and control of
mosquitoes, together with all necessary, incidental and appurtenant facilities, land and
easements, and all extensions of and improvements to such facilities within and without
the boundaries of the Districts.
(ix) Fire Protection. The Districts shall have the power and authority to
provide for the design, acquisition, construction, installation, completion, and (on a
supplemental basis, as needed) operation and maintenance of improvements to provide
for fire protection, together with all necessary, incidental and appurtenant facilities, land
and easements, and all extensions of and improvements to such facilities within and
without the boundaries of the Districts. Actual fire protection service would be provided
by the Fire Districts. Upon completion and acceptance by the respective Fire Districts,
all such improvements shall be transferred to the respective Fire Districts for ownership,
maintenance and operation, except for supplemental maintenance as may be determined
by the Fire Districts by intergovernmental agreement.
(x) Security Services. Subject to the provisions of Section 32 -1-
1004(7), C.R.S., the Districts shall have the power to furnish security services within the
Districts.
(xi) Covenant Enforcement. The Districts shall have the power to
furnish covenant enforcement and design review services within the Districts pursuant to
the provisions of Section 32- 1- 1004(8), C.R.S.
{00283291.DOCX /}
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(xii) Telephone. The Districts shall have the power to finance line
extension charges for new telephone construction for the purpose of furnishing telephone
service exclusively in any District which has no property zoned or valued for assessment
as residential.
(xiii) Street Lighting. The Districts shall have the power to enter into
contracts with public utilities, cooperative electric associations, and municipalities for the
purpose of furnishing street lighting service.
(xiv) Television. The Districts shall have the power to establish and
maintain television relay and translator facilities, and to enter into contracts with cable
television service providers.
(xv) Solid Waste. To the extent authorized by the Special District Act,
the Districts shall have the power and authority to provide for the design, acquisition,
construction, installation, completion, operation and maintenance of improvements to
provide for solid waste disposal or collection and transportation of solid waste, including
a community recycling collection area facility, together with all necessary, incidental and
appurtenant facilities, land and easements, and all extensions of and improvements to
such facilities within and without the boundaries of the Districts.
(xvi) Administration of Trust Funds. The Development contemplates the
establishment of two trust funds to be financed by a transfer fee to be imposed on all
sales by the Developer to unaffiliated parties by covenant against all properties within the
Development in the amount of 1% of the value of the property. The trust funds will be
administered by the Service District. It is anticipated that 75% of such funds will be
dedicated to the Arts and Entertainment Trust Fund to fund community art and to provide
unique art, entertainment, educational, recreational, and social programming and services
year round, including weekend fairs and musical performances; and the remaining 25%
of such funds will be dedicated to the Wolcott Environmental Trust Fund to fund wildlife
conservation efforts, including educational activities, such as tours to owners and visitors,
sustainability and conservation lectures and field trips, as well as to provide and maintain
parks and recreational improvements, including a nature center, hiking trails, and wildlife
conservation measures coordinated with the Colorado Division of Wildlife. Each Trust
Fund is anticipated to be administered by separate committees appointed from
community residents and owners by the Service District's Board of Directors.
The foregoing description provides the current expectations of the Improvements
and the Services to be provided by the Districts, and of how the Districts will coordinate
their efforts among themselves and with other entities. The actual provision of the
Improvements and the Services may differ from such descriptions.
The various activities of the Districts shall be subject to County zoning,
subdivision, building codes, land use regulations, and other applicable laws, rules, and
{00283291.DOCX /} 8
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regulations, so that the facility and service standards of the Districts will be compatible
with those of the County, the Water and Sanitation District and the Fire Districts. The
Developer will provide all permit and other applications and/or submissions to the
County, the Water and Sanitation District and the Fire Districts as are required for each
particular phase of development. The County shall not be responsible for assuming the
costs of any of the Improvements. The Developer will be responsible for any costs of the
Improvements needed for the Development that exceed the amount of bonds issued or
other revenues available to the Districts for such purposes.
The ownership of the Improvements and provision of the Services shall be
coordinated among the Districts and the Owners' Associations. The Districts are
expected to have lower costs than the Owners' Associations for a variety of reasons,
including because property owned by the Districts is not subject to taxation and the fact
that the Districts have the benefit of governmental immunity. It is also beneficial for
property owners to pay for as much of the Improvements and Services as possible
through the Districts because property taxes payable to the Districts are tax deductible
whereas dues to the Owners' Associations are not. The Developer thus intends to
minimize the use of Owners' Associations in the Development to the extent that the
Districts are able to finance Improvements and Services.
Land, easements and facilities proposed for conveyance to the County shall be free
and clear of all liens, encumbrances and easements, unless otherwise approved by the
County. All conveyances shall be by special warranty deed.
(b) Other Powers.
The Districts shall each have all powers and authorities granted to metropolitan
districts under the Special District Act, which may be exercised to provide for the
acquisition, construction, completion, operation and maintenance of the Improvements
and the provision of the Services as authorized in and subject to the limitations set forth
in this Service Plan and the Inter - District IGA. In addition to the enumerated powers and
authorities, the Boards of Directors of the Districts shall also have the following
authorities:
(i) Service Plan Amendments. To amend this Service Plan as needed,
subject to compliance with appropriate statutory procedures as set forth in this Service
Plan and the Special District Act.
(ii) Construction and Financing Phasing. Without having to amend this
Service Plan, except as otherwise expressly required herein, to defer, delay, reschedule,
rephase or restructure the financing and/or construction of the Improvements in order to
better accommodate the pace of growth within the Wolcott Development, resource
availability, and the funding capability of the Districts.
{00283291.DOCX 1) 9
(iii) Additional Services. Except as specifically prohibited herein, to
provide such additional services and exercise such powers and authorities as are
expressly or impliedly granted in the Special District Act or by State law.
(iv) Creation of Subdistricts. The Districts may organize one or more
subdistricts or areas as allowed by Section 32- 1- 1101(1)(f), C.R.S. Such organizations
shall not be material modifications to this Service Plan; provided, however, that any such
subdistrict(s) or area(s) shall be subject to all limitations on debt and other provisions of
the Service Plan. Neither the Limited Mill Levies (defined in Section 8(a)) nor the
aggregate debt limit set forth in Section 8(c) shall be increased as a result of creation of a
subdistrict. In accordance with Section 32- 1- 1101(1)(f)(I), C.R.S., the District shall
notify the County prior to establishing any such subdistrict(s) or area(s), and shall provide
the County with details regarding the purpose, location, and relationship of the
subdistrict(s) or area(s).
(v) Special Improvement Districts. The Districts may establish one or
more special improvement districts within their respective boundaries to finance all or
part of the costs of any Improvements from assessments as provided in Section 32 -1-
1101.7, C.R.S.
6. ESTIMATED COSTS OF IMPROVEMENTS
The present estimated (un- inflated) aggregate cost of the Improvements (including
related soft costs) which may be financed, acquired, constructed and completed by the
Districts, is approximately $38,500,000 as set forth in Exhibit F, which provides cost
summaries by type of Improvement. A map of the anticipated location of the
Improvements is attached hereto as Exhibit G.
The design, phasing of construction, location and completion of the Improvements
will be deteimined by the Service District to coincide with the phasing and development
of the Development and the availability of funding sources. In accordance with the terms
of the Inter - District IGA, the Service District may, in its discretion, phase the
construction, completion, operation and maintenance of the Improvements or defer,
delay, reschedule, rephase, restructure or determine not to proceed with the construction,
completion, operation and maintenance of the Improvements based upon the best
interests of the present and future residents, property owners and taxpayers of the
Districts, and such actions or determinations shall not constitute material modifications of
this Service Plan.
The estimated cost of organization of the Districts is expected to be $75,000 or
more.
{00283291.DOCX /} 10
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f � �
7. ESTIMATED COSTS OF OPERATIONS AND MAINTENANCE
The budgets adopted by the Districts will authorize expenditures for
administration and the operation and maintenance of Improvements that have not been
transferred to the County, the Water and Sanitation District or another entity for
ownership and maintenance, and the provision of the Services. The Financial Plan sets
forth estimated sources and uses of the Districts' operating funds. Tolls, rates, penalties,
Fees and charges may be imposed within or without the Service Area and collected by
the Districts to the extent necessary to supplement other revenues available for such
purpose, subject to the terms of the Inter - District IGA.
8. FINANCIAL PLAN / PROPOSED INDEBTEDNESS
This part of the Service Plan describes the expected nature, basis, method of
funding and financing limitations associated with the acquisition, construction,
completion, operation and maintenance of the Improvements. The Financial Plan will be
coordinated and implemented by the Service District in accordance with the terms of the
Inter- District IGA, subject to all express limitations set forth herein.
(a) Financial Plan.
The Financial Plan, which is attached as Exhibit A and incorporated herein, is the
consolidated Financial Plan for the Districts and includes the estimated property tax
revenue of the Districts, sales tax revenue of the Districts, revenue available from specific
ownership taxes, a development fee expected to be up to $7,000 per residential unit
(excluding accessory dwelling units) and each 1,500 square feet of commercial space (the
"Development Fee ") and other sources, and amounts available for payment of debt
service on District bonds and for operations and maintenance expenses. Tap fees may
also be imposed with the consent of the Water and Sanitation District. The Financial
Plan projects the issuance of the Service District's bonds and anticipated debt repayment
based on the development assumptions and absorptions for property within the Districts
as prepared by the Developer and its economic and planning consultants. The Financial
Plan anticipates that in accordance with the terms of the Inter - District IGA, the Service
District will act as the management district issuing all bonds and completing all
Improvements within the Service Area, including repaying any Developer advances,
while the Financing Districts will tax all property within their respective boundaries.
The maximum mill levy imposed on property within the Districts for debt service
will be 35 mills (the "Debt Service Mill Levy ") and the maximum mill levy imposed on
property within the Districts for operations will be 20 mills (the "Operating Mill Levy"
and together with the Debt Service Mill Levy, the "Limited Mill Levies "). Each of the
Mill Levies may be adjusted to take into account legislative or constitutionally imposed
adjustments in assessed values or the method of their calculation (as of the date of this
Service Plan), so that to the extent possible, the actual revenues generated by the Limited
{00283291.DOCX 1}
11
Mill Levies are neither diminished nor enhanced as a result of such changes. Among
other adjustments, a change in the ratio of actual valuation of assessable property shall be
deemed a change in the method of calculating assessed valuation. The Limited Mill
Levies may differ between the Districts. The current expectation is that District No. 2
and District No. 4 will each have a Debt Service Mill Levy of 35 mills and an Operating
Mill Levy of 20 mills, and District No. 3 will have a Debt Service Mill Levy of 10 mills
and an Operating Mill Levy of 5 mills.
It is expected that the Water and Sanitation Subdistrict will impose a mill levy of
20 mills to pay for the water and sewer improvements for the Development. The Limited
Mill Levies have been established with this additional property tax in mind and are
intended to subject property within the Development to an aggregate mill levy that is
comparable to those of other developments in the region.
The Districts are also expected to impose a tax on all transactions subject to sales
tax by the State to pay for street improvements, safety protection and transportation
facilities and services. The sales tax will allow the Districts to broaden and diversify the
tax base to include the visitors who benefit from the Improvements and Services. It is
anticipated that the sales tax will be 2.0% throughout all Districts, with the maximum rate
to be determined by the Districts' voters and the actual rate imposed by the Districts'
Boards of Directors.
All Financing District collections of taxes, fees and other revenues will be
remitted to the Service District to repay bonds, developer advances and other obligations
in accordance with the terms of the Inter- District IGA; provided, however, that the actual
bond Financial Plan of the Districts will be determined by the Service District as required
by the phasing and build -out of the Development itself. Alternatively, the Financing
Districts may, at the direction of the Service District pursuant to the Inter - District IGA,
issue bonds directly as discussed below. The Financial Plan demonstrates that, at various
projected levels of development, the Districts have the ability to finance the
Improvements and will have the financial ability to discharge all debt on a reasonable
basis.
(b) Bond Issuance and Developer Advances.
The Developer may make advances to the Service District as necessary to fund all
or a portion of the costs of the Improvements and the provision of Services, and the
Service District in turn may issue revenue notes or bonds to the Developer, which will be
repaid from bond proceeds received when bonds are issued after adequate revenues of the
Districts are available to repay such bonds. Alternatively, the Districts may issue bonds
to an investor, with or without security provided by the Developer, with the proceeds of
such bonds being used to fund the Improvements.
{00283291.DOCX /} 12
r t
The Financial Plan sets forth one bond issuance scenario. Without having to
amend this Service Plan, alternate financial plans may also be implemented by the
Districts, including without limitation having the Financing Districts issue bonds directly
in accordance with the terms of the Inter - District IGA and paying the proceeds thereof to
the Service District for purposes of discharging Developer advances and/or funding the
costs of the Improvements. The Districts may enter into multiple -fiscal year financial
obligations of any nature, including without limitation intergovernmental agreements and
acquisition, reimbursement and funding agreements with the Developer to accomplish
any of the various purposes authorized in this Service Plan. Refunding bonds may be
issued by the Districts to defease original issue bonds in compliance with applicable law.
It is anticipated that initially the Developer will advance funds to the Service
District to pay operating as well as capital costs, which advances will be repaid from
bond proceeds or revenues collected by the Financing Districts as development
progresses. Interest on Developer advances will be set at competitive market rates but
will be capped at 8% per annum, unless a higher interest rate is approved in writing by
the County Manager. Interest on developer advances will be compounded no more than
annually. Net effective interest rates on bonds are projected at 7.0% and assume no
credit enhancement from the Developer.
(c) Debt Authorization.
At the organizational election, each of the Districts shall seek authority to issue
revenue or general obligation indebtedness, including bonds and other multiple - fiscal
year financial obligations such as intergovernmental agreements (including the CDOT
IGAs) and acquisition, reimbursement and funding agreements, in the amount of
$30,000,000 in each debt category. Because each District must vote its own debt
authorization for each of the categories of Improvements to be constructed within the
Service Area, each District must by law have the full debt authorization available to it in
the event that any one of the other Districts finances, acquires, constructs and completes
the Improvements and/or the other Districts enter into intergovernmental agreements to
repay the costs thereof However, the aggregate debt of the Districts for funding the
capital costs of the Improvements shall not exceed $30,000,000, unless otherwise
approved in writing by the County Manager. The total principal amount of debt
authorization to be voted by each of the Districts exceeds the projected capital costs of
corresponding Improvements to allow for unforeseen contingencies and increases in
construction costs due to inflation and to cover all organizational and bond issuance
costs, including capitalized interest, reserve funds, credit enhancement, discounts, legal
and other consulting fees, and other incidental costs of issuance.
The Service District may utilize its debt authorization to issue revenue bonds
and/or notes to the Developer. The Financing Districts are expected to use their debt
authorization to enter into intergovernmental agreements with the Service District to pay
{00283291.DOCX /} 13
over their property tax, sales tax and other revenues in support of the repayment of such
notes and bonds (or to issue general obligation bonds directly for such purposes).
(d) Parameters for Debt Issuance.
Unless otherwise approved in writing by the County Manager, all bonds or notes
issued or obligations incurred by each of the Districts shall be subject to the following
restrictions and any limitations in the Inter - District IGA:
(i) For any bonds other than those sold to the Developer, the maximum
voted interest rate will be 18% and the maximum discount will be 5 %. The exact interest
rates and discounts will be determined at the time that bonds are sold and will reflect
market conditions at the time of sale. Such bonds will be structured to obtain competitive
rates.
(ii) All bonds will contain adequate call provisions to allow for the prior
redemption or refinancing of such bonds. Bonds sold to the Developer shall be callable
after 5 years and have maturity dates of 30 years or less.
(iii) No uninsured or non - credit enhanced bonds shall be issued which
contain provisions permitting acceleration of the bonds upon default.
(iv) Interest rates on bonds or notes sold to the Developer shall be
subject to an opinion as to the reasonableness of the interest rate and terms, which
opinion shall be prepared by a local Red Book investment bank or bond counsel and
provided to the County. The total of all annual debt service payments on the bonds
(including scheduled compounding interest, if applicable) shall not exceed the Limited
Mill Levies.
(v) The Districts may issue bonds secured by any legally available
revenues, including any combination of Development Fees, sales taxes, specific
ownership taxes and the Debt Service Mill Levy.
(vi) Any special improvement district created by the Districts may
impose assessments and issue bonds secured by such assessments, as provided in
Section 32- 1- 1101.7, C.R.S.
(vii) No bonds or other multiple - fiscal year financial obligations shall be
executed until the County has approved the Final PUD, except that the Districts may
enter into the CDOT IGAs provided that any multiple -fiscal year financial obligation of
the Districts be contingent upon the approval of the Final PUD and be terminable if the
Final PUD has not been approved by the date set forth in Section 10.
{00283291.DOCX 7) 14
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4 Y
(viii) The Districts shall provide written and recorded notice of the tax
burden, including the Limited Mill Levies, in the form set forth in Exhibit H attached
hereto. The notice shall be recorded against all property within the Districts.
(e) Revenue Sources.
The primary anticipated revenue sources of the Districts will be the Limited Mill
Levies and sales taxes levied by the Financing Districts, specific ownership taxes and
Development Fees (described in Section 8(a)) for capital improvements. The Districts
will also be authorized to impose special assessments through special improvement
districts established under the Special District Act and to collect fees, rates, tolls,
penalties or charges in order to generate additional revenue for the payment of debt
service and operating costs as needed.
The Service District will also collect transfer fees for purposes of administering
the Arts and Entertainment Trust Fund and the Wolcott Environmental Trust Fund.
The anticipated revenue sources are sufficient to retire the Districts' proposed
indebtedness if growth occurs as projected. Variations in assessed valuation projections
or in the phasing of private improvements may affect taxes or the level of fees, rates and
charges upward or downward from those set forth in the Financial Plan.
(f) Operations, Maintenance and Administration.
The Service District will, pursuant to the Inter - District IGA, coordinate and
manage all operations and maintenance functions for all Improvements and the provision
of the Services, the costs of which will increase as property within the Service Area is
developed. The Districts will need sufficient funds to operate and maintain all
Improvements and to provide the Services. In addition, the Districts will incur costs for
various administrative functions, including legal, engineering, accounting and
compliance. At full build -out, an Operating Mill Levy of 20 mills, together with other
legally available revenues, is anticipated to be sufficient to operate the Districts and to
maintain the Improvements and provide the Services. Sales tax revenues may also be
applied to pay operating and maintenance expenses related to street, safety protection and
transportation Improvements and Services.
9. INCLUSIONS / EXCLUSIONS
The Districts' boundaries may be adjusted to accomplish the objectives set forth
herein, and the inclusion or exclusion of property will not constitute a material
modification of this Service Plan. The Districts may include or exclude any property
within the Development into or from one of the other Districts without the prior consent
of the County. It is anticipated that all single family residential property north of I -70
will comprise District No. 2, all single family residential property south of I -70 will
{00283291.DOCX /} 15
f 4
comprise District No. 4 and all other property (all of the commercial development and
several associated residential units) will comprise District No. 3. No property in the
Development will be included into more than one District, except that the Service
District's boundaries may overlap with the boundaries of one or more Financing
Districts.
10. DISSOLUTION / CONSOLIDATION / INACTIVE STATUS
The Districts may pursue consolidation of their boundaries or dissolution in
accordance with Parts 6 or 7 respectively of the Special District Act. The approval of the
County Commissioners will be required prior to the consolidation of any one of the
Districts with any special district other than a consolidation between or among the
Districts.
If the Final PUD has not been approved by the County by May 1, 2013, the
Districts shall either be put on inactive status pursuant to Section 32 -1 -104, C.R.S., or be
dissolved, with such determination made at the discretion of the Districts' Boards of
Directors. The foregoing Final PUD application deadline may be extended by the County
Manager.
The Petitions for Organization of the Districts (the "Petitions ") shall be filed with
the Eagle County District Court with the following condition: the Orders declaring the
Districts organized shall provide that the Districts shall be dissolved if G. Jouflas
Ranches LLC and CJC Properties Limited Partnership (together, the "Sellers ") have not
both sold their properties within the Development to the Developer by the Dissolution
Date.
For purposes of this Service Plan and the Petitions, the "Dissolution Date" is
May 1, 2013, provided that such date may be extended by the unanimous written consent
of the Developer and both Sellers in their sole and absolute discretion. Further, the
Districts may be put on inactive status pursuant to Section 32 -1 -104, C.R.S., with the
unanimous written consent of the Developer and both Sellers in their sole and absolute
discretion, and by appropriate action of the Districts' Boards of Directors.
11. CONCLUSION
This Service Plan establishes that:
1. There is sufficient existing and projected need for organized service in the
area to be served by the Districts;
2. The existing service in the area to be served by the Districts is inadequate
for present and projected needs within the Development;
{00283291.DOCX /} 16
1 }
3. The Districts are capable of providing economical and sufficient service to
the area within their proposed boundaries;
4. The area to be included in the Districts does have, and will have, the
financial ability to discharge the proposed indebtedness on a reasonable basis;
5. Adequate service is not, and will not be, available to the area through the
County or other existing municipal or quasi - municipal corporations, including existing
special districts, within a reasonable time and on a comparable basis;
6. The facility and service standards of the Districts are compatible with the
facility and service standards of the County;
7. The proposal is in substantial compliance with the County Comprehensive
Plan and the Wolcott Area Community Plan;
8. The proposal is in compliance with any duly adopted County, regional, or
state long -range water quality management plan for the area; and
9. The organization of the Districts is in the best interests of the area proposed
to be served.
{00283291.DOCX /} 17
P P
Y 1
EXHIBIT A
FINANCIAL PLAN
{00283291.DOCX /}
•
EXHIBIT B
LEGAL DESCRIPTIONS
{00283291.DOCX /}
r $ $
EXHIBIT C
BOUNDARY MAP
{00283291.DOCX /}
•
r
EXHIBIT D
VICINITY MAP
{00283291.DOCX /}
4
4 4
4
EXHIBIT E
SITE PLAN
{00283291.DOCX /}
•
EXHIBIT F
COST SUMMARIES OF IMPROVEMENTS
{00283291.DOCX /}
f 8
EXHIBIT G
MAP OF LOCATION OF IMPROVEMENTS
{00283291.DOCX /}
v
EXHIBIT H
FORM OF MILL LEVY DISCLOSURE STATEMENT
WOLCOTT METROPOLITAN DISTRICT NOS. 1 -4
EAGLE COUNTY, COLORADO
DISTRICT ORGANIZATION
The Wolcott Metropolitan District Nos. 1 -4 (the "Districts "), Eagle County,
Colorado, are quasi - municipal corporations and political subdivisions of the State of
Colorado duly organized and existing as metropolitan districts pursuant to Title 32,
Article 1, Colorado Revised Statutes. The Districts were declared organized and existing
metropolitan districts on , 2012, pursuant to Findings, Orders and Decrees,
issued in the District Court of Eagle County, Colorado. The Orders and Decrees were
recorded in the records of the Eagle County Clerk and Recorder on , 2012
at Reception # , # , # and #
The Districts are located entirely within Eagle County. The legal description of
the property forming the outermost boundaries of the Districts is described in Exhibit A
attached hereto and incorporated herein by reference. Although the particular boundaries
of the Districts may change at the discretion of the Districts' Boards of Directors, no
property shall be included into more than one District imposing property tax levies.
DISTRICTS PURPOSES:
The Districts were organized for the purpose of financing public improvements,
including but not limited to streets, traffic safety controls, street lighting, sanitary sewer,
landscaping, and storm drainage, all in accordance with their Service Plan, which
improvements may be dedicated to the County or other governmental entities for
operation and maintenance, or may be operated and maintained by the Districts or
owners' associations formed for the development. The Districts' Service Plan is on file
and available for review at the office of the Districts' general counsel, Collins Cockrel &
Cole, PC., 390 Union Boulevard, Suite 400, Denver, Colorado 80228, and at the office of
the County Clerk and Recorder,500 Broadway, Suite 101, Eagle, Colorado 81631.
TAX LEVY INFORMATION:
The primary source of revenue for the Districts is ad valorem property taxes.
Property taxes are determined annually by each District's Boards of Directors and set by
the Board of County Commissioners for Eagle County as to rate or levy based upon the
assessed valuation of the property within such District. The levy is expressed in terms of
mills. A mill is 1/1,000 of the assessed valuation, and a levy of one mill equals $1 of tax
for each $1,000 of assessed value. Each District may impose aggregate mill levies of up
to 55 mills, as adjusted. The mill levies may also be adjusted upward to account for
{00283291.DOCX /} 1
4
statewide changes in the method of calculating assessed valuation of property. District
taxes are collected as part of the property tax bill from Eagle County. Reference is made
to the Service Plan for additional information regarding the District's financial powers
and limitations.
WOLCOTT METROPOLITAN DISTRICT
NOS. 1 -4
By:
President
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
, 2012 by , as President of Wolcott Metropolitan District
Nos. 1 -4.
•
Witness my hand and official seal.
My commission expires:
Notary Public
{00283291.DOCX /} H -2
EXHIBIT A
FINANCIAL PLAN
{00272787.DOCx / 2} 1
EXHIBIT B
LEGAL DESCRIPTIONS
{00272787.DQCX / 2) 1
EXHIBIT C
BOUNDARY MAP
{OO272787.DOCx / 2) 1
EXHIBIT D
GENERAL DESCRIPTION OF IMPROVEMENTS
•
{0o272787.DOcx / 2} 1
1 •
EXHIBIT E
MAP OF PHASING AND LOCATION OF IMPROVEMENTS
•
{00272787.DOCx / 2} 1
i
EXHIBIT F
FORM OF MILL LEVY DISCLOSURE STATEMENT
WOLCOTT METROPOLITAN DISTRICT NOS. 1 -4
EAGLE COUNTY, COLORADO
DIST' CT ORGANIZATION
The Wolcott Metropolitan District Nos. 1 -4 (the "Districts "), Eagle County,
Colorado, are quasi - municipal corporations and political subdivisions of the State of
Colorado duly organized and existing as metropolitan districts pursuant to Title 32,
Article 1, Colorado Revised Statutes. The Districts were declared organized and existing
metropolitan districts on , 2012, pursuant to Findings, Orders and Decrees,
issued in the District Court of Eagle County, Colorado. The Orders and Decrees were
recorded in the records of the Eagle County Clerk and Recorder on , 2012
at Reception # , # , # and # .
The Districts are located entirely within Eagle County. The legal description of
the prop rty forming the outermost boundaries of the Districts is described in Exhibit A
attached hereto and incorporated herein by reference. Although the particular boundaries
of the D stricts may change at the discretion of the Districts' Boards of Directors, no
property shall be included into more than one District imposing property tax levies.
DISTRICTS PURPOSES: /
The Districts were organized for the purpose of financing public improvements,
including but not limited to streets, traffic safety controls, street lighting, sanitary sewer,
landscap'ng, and storm drainage, all in accordance with their Service Plan, which
improve ents may be dedicated to the County or other governmental entities for
operatio and maintenance, or may be operated and maintained by the Districts or
owners' ssociations formed for the development. The Districts' Service Plan is on file
and available for review at the office of the Districts' general counsel, Collins Cockrel &
Cole, PC., 390 Union Boulevard, Suite 400, Denver, Colorado 80228, and at the office of
the County Clerk and Recorder,500 Broadway, Suite 101, Eagle, Colorado 81631.
TAX LEVY INFORMATION:
,
The primary source of revenue for the Districts is ad valorem property taxes.
Property taxes are determined annually by each District's Boards of Directors and set by
the Boar of County Commissioners for Eagle County as to rate or levy based upon the
assessed aluation of the property within such District. The levy is expressed in terms of
mills. A i11 is 1 /1,000 of the assessed valuation, and a levy of one mill equals $1 of tax
for each 1,000 of assessed value. Each District may impose aggregate mill levies of up
to 55 mills, as adjusted. The mill levies may also be adjusted upward to account for
{00272787.DOCX / 2} 1
statewide changes in the method of calculating assessed valuation of property. District
taxes are collected as part of the property tax bill from Eagle County. Reference is made
to the Service Plan for additional information regarding the District's financial powers
and limitations.
WOLCOTT METROPOLITAN DISTRICT
NOS. 1 -4
By:
President
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
, 2012 by , as President of Wolcott Metropolitan District
Nos. 1 -4.
Witness my hand and official seal.
My commission expires:
Notary Public
•
{00272787.DOCX / 2} F -2
EXHIBIT A
FINANCIAL PLAN
{00272787.DOCX / 6)
1
Stan Bernstein and Associates, Inc.
Financial Planners and Consultants
For Local Governments, Municipal Bond Underwriters, and Real Estate Developers
8400 East Prentice Avenue, Penthouse
Greenwood Village, Colorado 80111
Telephone: 303- 409 -7611, Fax: 303 - 409 -7612; Email: stanplan@earthlinknet
April 18, 2012
Mt. Rick Hermes
Mr. Jeff Townsend
Ms. Kim Aleckness
Hermes Group
Edwards, CO 81632
(S nt Via Email)
: WOLCOTT METROPOLITAN DISTRICTS NO. 1 NO. 4
Dejar Rick, Jeff and Kim:
Attached is a Financial Plan for Wolcott Metropolitan Districts No. 1 — No. 4. This
Financial Plan is to be submitted as an Exhibit to the Service Plan.
Pr posed Structure of the Districts
Th Developer has decided to create multiple districts. The concept is that a Control
Di trict ( "Service District No.1 ") will be responsible for all District operations
(administration, landscaping, trail maintenance, park and open space operations and
maintenance) and infrastructure management.
Twp residential Financing Districts ( "Financing Districts No. 2 and No. 4 ") will include
all residential property and are expected to levy 55.0 mills. The property taxes generated
fron 20.0 mills will be transferred to Service District No. 1 and used to pay for operating,
maintenance and administrative costs. The property taxes generated from a maximum
debit service mill levy of 35.0 mills will also be transferred to Service District No. 1 and
used to make debt service payments on Limited Tax General Obligation Supported
Revenue Bonds expected to be issued by Service District No. 1.
4 ■ •
April 18, 2012
Page2of8
A Commercial Financing District ( "Financing District No. 3 ") will include all
commercial properties as well as 7 apartments constructed over the commercial space,
and is expected to levy 15.0 mills. The property taxes generated from 5.0 mills will be
transferred to Service District No. 1 and used to pay for operating, maintenance and
administrative costs. The property taxes generated from 10.0 mills will also be
transferred to Service District No. 1 and used to make debt service payments on Limited
Tax General Obligation Supported,Revenue Bonds expected to be issued by Service
District No. 1.
Debt Issuance by the Districts
Based upon a maximum 35.0 debt mill levy for Financing Districts No. 2 and No. 4 , and
a 10.0 debt mill levy for Financing District No. 3, preliminary estimated Limited Tax
General Obligation Supported Revenue Bonds that could be discharged by Service
District No. 1 are presented below (average interest rates of 7.0% have been assumed for
financial modeling purposes).
Date of Issuance Par Amount of Bonds Net Bonds after DSRF /Issuance Costs
December 1, 2015 $2,000,000 $1,755,850
December 1, 2017 5,500,000 4,833,150
December 1, 2019 4,500,000 3,953,900
December 1, 2021 2,000,000 1,755,500
December 1, 2023 4,500,000 3,870,000
Totals $18,500,0.00 $16,168,400
The amount and timing of the bond issues are very much subject to change depending
upon various assumptions concerning municipal bond interest rates, the rate of buildout
and related price points of residential and commercial properties, inflation and
appreciation of real estate within the Districts' boundaries, and debt service coverage
requirements imposed by bond investors and the municipal bond market in general.
It is assumed that the net proceeds (net of Debt Service Reserve Funds estimated at 10%
of maximum annual debt service, and 4% costs of issuance) of all bond issues will be
used to reimburse the Developer for infrastructure costs incurred (Developer Capital
Loans). It is also important to understand that the above estimated bond issue amounts
are sized with the understanding that the Districts' debt service mill levy will be limited
(capped) at 35.0 and, consequently, any bonds issued by Service District No. 1 will be
Limited Tax General Obligation Supported Revenue Bonds as compared to Unlimited
Tax General Obligation Supported Revenue Bonds which would be the case if the debt
service mill levy was not capped or limited. Because of the 35.0 debt service mill levy
limit, bond investors will demand debt service coverage which essentially means that
Limited Tax General Obligation Revenue Supported Bonds will be sized and issued only
A ril 18, 2012
P e3of8
us ng 25.0 to 30.0 mills instead of the authorized 35.0 mills. The above bond issues are
as umed to be issued without Developer enhancements (no letter of credit would be
re uired, etc.). It is possible that all of these bond issues could be accelerated if the
D veloper decides to credit enhance the bonds (and fund several years capitalized interest
from the bond issues). It is also important for readers of this report to understand that the
above bond issues assume that inflation, or property appreciation within the Districts'
boundaries will only average approximately 1% per year beginning in 2016 - we have
calculated that if annual inflation averages 3% annually beginning in 2016 that
approximately $7.0 - $9.0 million of additional bonds could be supported by the Districts.
Consequently, the Service Plan should authorize the issuance of substantially more bonds
than the identified $18,500,000 (a Service Plan bond authorization in the amount of
$30,000,000 would not be unreasonable).
In addition to the maximum 35 mill debt service levy, the Districts expect to impose a
2.0% sales tax on taxable sales within the Districts' boundaries. This tax would apply to
retail expenditures (restaurants and bars, shops, short -term lodging rentals, but would
exclude take -out groceries). The sales tax could be set at a higher rate than 2.0 %. The
Districts are expected to use the sales tax revenues to make a portion of the debt service
pa ments on bonds issued by Service District No. 1.
T Districts also expect to impose Development Fees which would be collected upon
ea h single family residential unit (SFE) at the time of building permit approval, and
up n each 1,500 square feet of commercial space. For financial modeling purposes a
D elopment Fee rate of $1,500 has been assumed although the actual rate could be
higher than the assumed $1,500 rate, as will be determined by the Board of Directors of
the Districts once the Districts are formed. It is assumed that the revenues generated
frokn Development Fees will be used to create a Surplus Fund which will be pledged to
make the debt service payments on the outstanding Limited Tax General Obligation
Bopds Supported Revenue Bonds in the event that there are revenue shortfalls, although
th could also be used to reimburse the Developer for infrastructure costs.
A ministrative, Maintenance and Operating Costs of the Districts
The Districts plan on funding their administrative, maintenance, and operating costs from
the property taxes generated from 20.0 mills (only 5.0 mills from Commercial Financing
District No 3). These operating mill levies are assumed to minimize monthly
assessments typically imposed by a Master HOA. Operating and maintenance costs
wol ild include landscaping, parks, recreational amenities, trails, open space and limited
road and alley maintenance. It is also possible that recreation user fees could help fund
op4rating costs associated with swimming, pools and recreation centers although this
po ntial revenue source has not been modeled. At full buildout it appears that
approximately $500,000 of operating property tax revenues could be available annually.
It i$ assumed that all road maintenance and plowing costs will be the responsibility of
Eagle County.
April 18, 2012
Page 4 of 8
The Districts also expect to receive a.substantial amount of revenue generated from a 1%
Real Estate Transfer Fee imposed by covenants on all properties located within the
Districts' boundaries. It appears that approximately $4.66 million of RETF revenues
could be generated from initial sales subject to the RETF which will be imposed when
any property is sold by the Developer and on each subsequent transfer. Secondary sales
of residential living units could generate approximately $213,550 annually after the initial
sale of residential living units. It is assumed that 75% of these revenues would be
transferred to the Arts and Entertainment Trust Fund and 25% of these revenues would be
transferred to the Wolcott Environmental Trust Fund.
Comparative Mill Levies and Property Tax Burdens
There are currently approximately 50.0 mills levied on the property from other
governmental entities such as Eagle County, the School District, the Library District, the
Eagle River and Greater Eagle Fire Protection Districts and other various districts. The
assumed incremental 55.0 mill levy for residential properties would result in a total
overlapping mill levy for residential property of approximately 105.0 mills. For a single
family home with in assumed actual value of $500,000 the 55,0 District mill levy would
result in annual property taxes of approximately $2,189 and total annual property taxes
(including the existing 50.0 mills) of approximately $4,179 or approximately 0.84% of
market value. For a commercial property valued at $500,000 the 15.0 mill levy would
result in annual property taxes of approximately $2,175 and total annual property taxes
(including the existing 50.0 mills) of approximately $9,425 — or approximately 1.9% of
market value.
The following chart presents selected mill levies for other communities located in
western Eagle County.
Entity District Mill Levy Total Mill Levy
Eagle Ranch 38 98
Red Sky Ranch 65 109
Buckhom Valley 55 116
Cotton Ranch 63 122
Valagua 65 119
Cordillera 58 111
Villages at Avon 50 108
Wolcott — Res. 55 105
Wolcott — Com 15 65
Not included in Wolcott's Total Mill Levy is a potential additional 20 mills that could be
certified by ERWSD — Wolcott Sub District.
t
April 18, 2012
age 5 of 8
or fax collection year 2014, as a result of the expected additional 15 -20% decline in
ssessed valuation, it is likely that many of the above mill Ievies will be forced to
i crease above current levels.
eveloper's Land Use, Price Points, and Buildout Assumptions (and Related
4ssessed Valuation) - Schedules 2, 3, and 4
The Financial Plan is based upon the following buildout for Financing Districts No 2
No. 4 as provided by Hermes Group (which we have not independently reviewed or
eXamined):
Assessed
Residential Commercial Completion Valuation
Units Square Feet Date at Full
Buildout
F nancing North of 235 units @ 2014 - 2021
District average value None $26.09 M
No. 2 Highway of $1,314,489
Financing Commercial, 7 units 123,500 sq. ft.
Mixed Use,
average value @ average 2017 $10.41 M
Residential
No 3 and Apes of $165,000 value of $251
Financing 189 units @
%strict So o average value None 2018 - 2023 $13.59 M
Np.4 Highway of $834,365
FOr preliminary financial modeling purposes, we have assumed inflationary increases of
2 0 every other year (the assessor reassesses property every other year) beginning for tax
c llection year 2018 for residential product and zero inflation for commercial product and
fo vacant land. We have assumed that the Service Plan will allow the mill levy to
in rease in direct proportion to any decrease in the current 7.96% residential assessment
rate.
Cish Flow Forecast — Service District No 1 General Fund— Exhibit 1, page 1
EXhibit 1 demonstrates how operating and administrative costs for Service District No. 1
could be funded from the transfer of property tax revenues from Financing Districts No.2
— No A. The Residential Financing Districts will transfer to Service District No 1
property tax revenues generated from 20.0 mills. The Commercial Financing District
will transfer to Service District No. 1 property tax revenues generated from 5.0. mills.
Operating costs are only broad allowances at this time and need to be refined by your
engineers regarding trail and park maintenance, landscaping, and open space operations.
April 18, 2012
Page 6 of 8
•
It is very common <for metropolitan districts to rely on Developer Operating Advances
during the first several years which is the case with Service District No.1- approximately
$770,000 of total Developer Operating Advances are projected from 2013 — 2018 until
the tax base builds up to a level that begins to support the administrative and operating
cost estimates. In the event that operating and administrative costs are less than
estimated, the Developer Operating Advances could be less than $770,000. Exhibit 1
indicates that the Developer Operating Advances could start to be repaid by 2023 with
full repayment by 2030.
Cash Flow Forecast — Service District No. 1 — Debt Service Fund — Exhibit II, one 6
Exhibit II demonstrates how Service District No 1 can discharge its bonded indebtedness
on a reasonable basis. Property tax revenues generated from 35.0 mills for Residential
Financing Districts No 2 and No 4; and from 10.0 mills for Commercial Financing
District No. 3 will be transferred to Service District No. 1. These property tax revenues,
combined with sales tax revenue transfers, will be used to make the annual debt service
payments on $18,500,000 of Limited Tax General Obligation Supported Revenue Bonds
issued by Service District 1.
As previously discussed, bonds will be sized to provide debt service coverage for
investors. Consequently not all of the property tax revenues generated from the debt
service mill levies will be required to make the debt service payments on the bonds. The
excess property tax revenues are assumed to be paid to the Developer for infrastructure
reimbursement, although this reimbursement will likely not occur until sufficient Bond
Surplus Funds have been accumulated (we are projecting such cash reimbursements not
occurring until 2023, but totaling in excess of $20.7 million through 2052).
It is also assumed that Development Fee revenues in the amount of $1,500 per residential
living unit, and for each 3,000 square feet of commercial space, will generate
approximately $708,250 during the buildout period. These Development Fees are
assumed to be used to buildup the Bond Surplus Fund, but they could also be paid to the
Developer for infrastructure reimbursement.
Detailed debt service requirements are presented on Schedule 1, page 11. Average
interest rates of 7.0% are assumed for modeling purposes with serial principal maturities
not exceeding 30 years. Debt Service Reserve Funds have been assumed for each bond
issue. The bonds have been structured so that they are not issued until the assessed
valuation is in place which eliminates the need for capitalized interest and credit
enhancement. Annual debt service coverage averages approximately 1.30x because of
the uncertainty of the sales tax revenues and the possibility that property values could
decline. The debt service coverage is required because the Residential Financing
Districts' debt service mill levies will be limited to 35.0 mills and the Commercial
Financing District debt service mill levy will be limited to 10.0 mills.
April 18, 2012
Page 7 of 8
Cash Flow Forecast - Service District No. 1 — Capital Projects Fund, Exhibit III,
page 15
This Exhibit identifies approximately $38.5 million of infrastructure costs that will be
required by the Districts. It is assumed that the Developer will initially pay for these
improvements and seek reimbursement from Service District No 1 from net bond
proceeds, development fees, and from property tax revenues not used to make debt
service payments on bonds.
ash Flow Forecast — Service District No. 1— Arts and Entertainment Trust Fund,
cash VI, page 16
This Exhibit identifies 75% of the total RETF revenue collected to be dedicated to the
Arts and Entertainment Trust Fund. Total revenues in excess of $4.9 million are
projected through 2032. Schedule 6, page 45, presents the detailed RETF revenue
estimates.
Cash Flow Forecast — Service District No. 1— Wolcott Environmental' Trust Fund,
Exhibit V, page 19
This Exhibit identifies 25% of the total RETF revenue collected to be dedicated to the
Wolcott Environmental Trust Fund. Total revenues in excess of $1.6 million are
projected through 2032. Schedule 6, page 45, presents the detailed RETF revenue
estimates. ,
Clash Flow Forecast — Financing Districts No.2 — No.4 — Exhibits VI - VIII
E hibits IV - VI present the cash flow forecasts for each of the Financing Districts.
P operty Tax revenues are shown being generated from debt service mill levies and from
o erating mill levies. Specific Ownership Tax revenues are estimated to be
a proximately 6% of property fax revenues. Development Fee revenues are projected to
b collected when the building permit is issued based upon a rate of $1,500 per
residential unit and for each 3,000 square feet of commercial space. 2% Sales Tax
revenues are estimated based upon an average short term rental income of $5,000 per
residential living unit, and $200 per square foot of annual taxable sales generation for
retail establishments (excluding grocery stores). Eagle County Treasurer collection fees
ar calculated at 3% of property tax collections. All revenues are either transferred to
S ice District's No. 1 General Fund or Debt Service Fund.
1
April 18, 2012
Page8of8
Limitations and Disclaimer
Stan Bernstein and Associates, Inc. has assembled this Financial Plan based upon
information provided by Hermes Group and has not independently evaluated these key
assumptions. Consequently,. Stan Bernstein and Associates, Inc. does not vouch for the
achievability of the assumptions or the results projected on Exhibits I — VI or on
Schedules 1 - 5 and disclaims any opinion as to their reliability. It is likely that actual
assumptions and results will vary from those assumed and such variation could be
material. For example a small variation in the land use, price points, rate of inflation,
and buildout (which is very common in any type of real estate development project) can
have a significant impact on assessed valuation and related property tax revenues, and the
amount, and timing, of the assumed bond issues as well as the amount of Developer
Operating Advances that are projected. Furthermore, it is difficult to predict how much
debt service coverage bond investors may require for the issuance of Limited Tax Bonds,
or the interest rates that might be demanded at the time of bond issuance; consequently,
there can be no assurance that the amount of bonds presented in this report can be sold to
third party investors.
Very truly yours,
Stan Bernstein (for the firm)
Stan Bernstein and Associates, Inc.
Stan Bernstein, President
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EXHIBIT B
LEGAL DESCRIPTIONS
100272787 .DOCX / 6)
N DISTRICT 1
LEGAL DESCRIPTION
\ That tract or parcel of land situate in Section 14, Township 4 South, Range 83 West of the sixth Principal
Meridian, County of Eagle, State of Colorado, being a portion of the Parcel 8, according to ALTA/ASCM
survey dated 2008 by PLC and more particularly described as follows.
\ Beginning at a point; thence S 89 °59'56" W a distance of 27.14 feet; thence S 00°36'12" E a distance of
58.68 feet; thence S 89 °20'36" E a distance of 25.85 feet; thence N 00 °39'24" E a distance of 58.98 feet
\
to the point of beginning containing 0.036 acres more or less.
\ \
\ \
\
\
\ \
so, c i
U1
BLM
POINT OF \ ‹,.`
VI' \
BEGINNING
58 27.11' `. \ r0 \
27 f
L.1
I
56.6B b ,41 a, co \ 4 4. 4 \
z
58970'41"E p 0
25.85' BLM . \ \
N a
O
b \ \
C]
U
589''08 "E \ \
584
\
DISTRICT 2
04-18 -2012
Archibeque Land Consulting, Ltd 0 50 100 NOTICE: Amonding to Colorado law you MUST
Plrofessional Land Surveying & Mapping —1 commence any legal adorn based upon any
defect in this survey within three years after you
145 Capital Street, Suite 5 - P.O. Box 3093 1 inch ° 100 feet first discovered such defect to na event; may
Eagle, Colorado 81631 any action based upon any defect in this survey
5 0.328.6020 Office 970.328.$021 Fax BRAWN BY: JOB t: be commenced more than tan years from the
10133 33 - kglegat.dwg date of certification shown hereon.
■
DISTRICT 2
LEGAL DESCRIPTION
SHEET I OF' 2
That tract or parcel of land situate in Section 14,15,22, & 23, Township 4 South, Range 83
West of the sixth Prindpal Meridian, County of Eagle, State of Colorado, being a portion of
the Parcel B, Parcel A -5 & Right of way for Highway 6, all according to ALTA/ASCM survey
dated 2008 by PLC, and more particularly described as follows.
Beginning at a point; thence S 89 °30'08" E a distance of 584.96 feet; thence S 37 °10'24" E
a distance of 270.80 feet; thence S 31 °00'28" E a distance of 1171.20 feet; thence S
17 °36'40" E a distance of 428.85 feet; thence S 24 °5829" E a distance of 426.07 feet;
thence S 12 °59'90° W a distance of 564.92 feet; thence 5 05 °30'59" W a distance of 332.34
feet; thence S 13 °36'01" E a distance of 662.73 feet; thence S 10 °33'45" E a distance of
874.70 feet; thence S 70 °2210" W a distance of 530.56 feet; thence S 79 °0247" W a
distance of 42,23 feet; thence N 00 °32'45" E a distance of 1947.42 feet; thence N 89 °31'39"
W a distance of 443.73 feet thence N 20 °52'30" W a distance of 844.80 feet; thence N
22 °08'30" W a distance of 310.23 feet; thence 1202.06 feet along a non tangent curve to
the lett with a radius of 2441.80 feet, having a central angle of 28 °12'21" the, chord of which •
bears N 38 °4310" W, 1189.96 feet' thence N 55 °38'12" W a distance of 302.16 feet thence
N 55 °38'12" W a distance of 112,83 feet; thence N 51 °19'04" W a distance of 166.49 feet;
thence N 35 °019" E a distance of 410.14 feet; thence N 54 0 33'58" W a distance of 98.34
feet; thence N 57 °06'30" W a distance of 198.88 feet; thence N 33 °14'43" E a distance of
56,74 feet; thence N 56 °4848" W a distance of 470.71 feet; thence N 33 °24'30 E a
distance of 238,63 feet; thence N 57 °29'14" W a distance of 255.91 feet; thence S
33 °25'39" W a distance of 347.13 feet; thence N 56 °35'30" W a distance of 492.60 feet;
thence S 33 °00'21" W a distance of 199,49 feet; thence N 54°28'34" W a distance of 19.79
feet; thence N 33 °10'17" W a distance of 178.71 feet; thence N 24 ° 44'3V' W a distance of
127.55 feet; thence N 28 °15'44" W a distance of 222.82 feet; thence N 41 °06'06" W a
distance of 212.51 feet; thence N 52 °32'00" E a distance of 101,81 feet; thence 463.67 feet
along a non tangent curve to the left with a radius of 1587.10 feet, having a central angle of
16 °44'21" the chord of which bears 5 83°32'51" E, 462.03 feet; thence N 87°58'21" E a
distance of 615.10 feet; thence 798.06 feet along a non tangent curve to the right with a
radius of 1482,50 feet, having a central angle of 30 °50'37" the chord of which bears S
76 °36'21" E, 788.46 feet; thence 595.94 feet along a tangent curve to the right with a
radius of 1482,50 feet, having a central angle of 23 °01'55" the chord of which bears S
49 °40'06" E, 591.94 feet; thence S 00 °26'59" W a distance of 170.61 feet; thence S
00 °39'24" W a distance of 349.45 feet; thence S 89 °59'56" W a distance of 27.14 feet;
thence S 00 °36'12" E a distance of 58,68 feet; thence S 89 °20'36" E a distance of 25.85
feet; thence S 00 °39'24" W a distance of 180.41 feet to the point of beginning containing
123.956 acres more or less.
04-18 -2012
Archibeque Land Consulting, Ltd NOTICE: According to Colorado law you MUST
- Professional Land Surveying & Mapping - commence any legal action based upon any
defect In this survey within three years after you
105 Capitol Street, Suite 5 - P.O. Box 3893 flrst discovered suds detect In no evert, may
Eagle, COlora. 81831 any action based upon any defect in this survey
970.328.8024 Office 970.328.6021 Fax DRAWN BY: iOa NUMBER: be commenced more than ten years from the
CAP 10133- kgal.dmg date of certification shown hereon,
POINT OF DISTRICT 2
BEGINNING
-
k''' L434 C402
- _____ \ - SHEET 2 OF 2
<' <Q �\ \ `y C403
� � 1
1 1
u
.. / ti '
. -' ` / / / v MI
M
`� \ ` `��`� / co J __ SEE DISTRICT 1
\ j\ .` v 411 t. - '1.439
N.,, � ` P ig a L400
L, \ \
\ �,
, .. \ *S.\ t .
\3rj\ o
\ C4D0 \ \
• \ � \\\\ ti \\ \\
LINE TABLE \ \ t
LINE 1 BEARING DIS1AN::E_ 7 �1 \ \\ 0
L400 589 "E • 584.96 \L ' 44 `\ \t 5
1401 53710'24" 270.80 ' J \ f � 1 1
L422 53'•00'28 "E_ 1171.20 \ .. ; t ( )2.
4
L 03 517.36'40 428. 1 1 0
L404 524'58'29 "E 426,07__ \ I 1
t 4 05 S12•59'40 "W 1 564.92 J 1 _I
L406 505'30'59 "W ..332.34 I l 1 I
L407 S13'36'01 "E ' '662.73. 1ll r ' 1 1 N
L408 510'33'45'E 874.70 V W I !
I L409 S7022'33 "W 530.56 1 1 j
L L410 579 02'47'W_ 42.23 1 1 1
1411 1400'32 "45 "E 19477E1
\ 1 I
I L412 1.189'31;39"W 4 \\ L412 I 1
L413 • 142052'30 "W 844.80 . \ o
L4 1 "W 310,23 \ - i
L415 N5538'12'W 1 _ 302.-6 1 1
L416 N55 38'12:' 1 112.03 1
L417 1451'19'04 "W 166.49 1
1 t
1418 1\35'03'19 • E 1 410.1 - � 5 ` r
L 419 1454'33'58"W 98.34 ` 1 03
L420 I. N57 06 "W 198.88 1 1
L421. ,43314'.43 "E 56.74 /. 1
L422 1456'48 "48 "w 470.71 ! 1
• 1.423 , 1433'24'30 "E 1 238.63 Il
L L424 1457'29'14 "W 255.91 ' 1
L425 533•25'39 "W _ 347.13 1 1 1
L426 '456 492.60 1
L 533'00'2: "w 1 159.49 i r
1 0
4
1428 1454'28'34 "w 9.79 ( 1
X429 1433'10 "17 "W 178.71 I . 1
L433 1424'44'31 "w ■ 127.55_ s. , t
1431 N28'15'44 "W 222.82 5 1
1432 N41'05'05 "w 212.51 \
L433_ . N52'32'00 "E 101.81 pg
1.434 1487'58'21 "€ ; 615.10 LA
L435 So0'26'59 "W 170.61 _ L410
L436 S00•39'24 "W 349 45 CURVE. I ABLE _. _..._
L437 S89•59 "56 "Vi 27.14
L438 S00'36'12 "E 58.68 1 CURVE' RAD•US LENGTH TANGENT OELTA CNORD
1 43 8 584'2.0'36 "E, 25.85 _C400 2441.80 1202,06 613.47 28'12'21 N38•43'10 "W 1184.96_
L4 - 500'39'24 "W 180 4t C401 1587.10 463,67 23 16'44'21 "" ^ S83 462.03
C402 1482.50 798.06 40895 30'50'37' N76•36 "21 "W 788.46 •
C403 1482.50 , 595.94 302.05 23'01'55" N49'40 "06 "W 591,94
04-p.8 -2012
Atichibeque Land Consulting, Ltd 0 300 600 NOTICE: According to Colorado law you MUST
Orofessional Land Surveying do Mapping ^' fect 1r commence any legal action based upon any
de fect in this survey wIthin three year after you
105 Capitol Street, Suite 5 - PD. Box 3893 1 inch = 600 feet first discovered such defect In no event, may
Eagle, Colorado 81631 any action based upon any defect In this survey
DRAWN BY JOB NUMBER: be commenced more than ten years from the
990.338.6020 Mc* 970.3286021 Fax CfiP I0133degal dwg date of certification shown hereon.
LEGAL DESCRIPTION
That tract or parcel of and situate in Section 15,22, & 23 Township 4 South, Range 83 West of the sixth
Principal Meridian, County of Eagle, State of Colorado, being a portion of the Parcel C, according to ALTA/ASCM
survey dated 2008 by PLC, and Book 409, Page 221, and more particularly. described as follows:
Beginning at a point; thence S 06 °24'00" E a distance of 117.10 feet; thence S 56 °30'13" E a distance of 50.00
feet; thence N 73 °12'55" E a distance of 117.20 feet; thence S 63 °26'04" E a distance of 755.38 feet; thence S
56 °35'33" E a distance of 305.22 feet; thence S 55 °22'01" E a distance of 176.77 feet; thence S 04 °08'55" W a
distance of 51.56 feet; thence S 19 °49'30" W a distance of 117.10 feet; thence S 47 °27'42" E a distance of
50.41 feet; thence 5 63 °10'00" E a distance of 266.20 feet; thence S 29 ° 36'46" E a distance of 268.45 feet;
thence S 78 °23'33" W a distance of 68,82 feet; thence S 30 °48'20" W a distance of 258.36 feet; thence N
69 °28'41" W a distance of 101.84 feet; thence 176.80 feet along a non tangent curve to the left with a radius of
215.00 feet, having a central angle of 47 °06'58" the chord of which bears N 20 °26'44" W, 171.86 feet; thence N
44 °00'13" W a distance of 728.67 feet; thence 279.51 feet along a tangent curve to the left with a radius of
500.00 feet, having a central angle of 32 °01'45" the chord of which bears N.60 °01'06" W, 275.88 feet; thence
264.18 feet along a tangent curve to the right with a radius of 1500,00 feet, having a central angle of 10 °0578"
the chord of which bears N 70 °59'15" W, 263.84 feet, thence N 65 °56'31" W a distance of 267.92 feet; thence
158.62 feet along a tangent curve to the right with a radius of 156.00 feet, having a central angle of 58 °15'33"
the chord of which bears N 36 °48'44" W, 151.88 feet, thence 323.83 feet along a non tangent curve to the right
with a radius of 200.00 feet, having a central angle of 92 °46'18" the chord of which bears N 55 °53'58" W,
289.60 feet' thence N 09 °30'49" W a distance of 165,37 feet; thence 89.48 feet along a tangent curve to the left
with a radius of 120.00 feet, having a central angle of.42 °43'23" the chord of which bears N 30 °52'31" W,
87.42 feet, thence N 42 °22'49" E a distance of 191.55 feet; thence S 50 °26'42" E a distance of 339.27 feet to
the point of beginning containing 18.204 acres more or less,
POINT OF
:2
4, 7 BEGINNING
C305 DISTRICT S
W SHEET 1 OF S
0 at &
// st >0 .14 ,,,
- C30• t I
N 'JY�
0303
&3p ` �� 137
Oe • ......_
4.1 ,y C302 \ \ ( 37 j
co
,- J .S1'
LINE TABLE lib \ /
LINE BEARING DISTANCE \ o 7 ^3 . 045
1300 N09'30'49 "W 165.37 \
1301 565'56'31 "E 267.92 � \
1302 544'00'13 "E 728.67 \ <,,,
1303 _ N19'49'30 "E 117.10 \ a
1304 N47'27'42 "W 50.41
L305 N6310'00 "w 266.20 \
L306 N29'36'46 "W 268.45 4307
L307 N78'23'33 "E 68.82
1308 N30'48'20 "E 258.36 C300 \ ,,b
1309 S69'28'41 "E 101.84 i v
L310 542'22'49 "w 191.55 4309
L311 N50'26'42 "W 339:27
L312 N0624'00 "W 117.10
1313 N56'30'13 "W 50.00 CURVE TAB LE
1314 S73'12'55 "W 117.20 CURVE RADIUS LENGTH TANGENT DELTA CHORD
L315 N63'26'04 "W 755.38 7300 215,00 176.80 93.74 47'06'58" N20'26'44 "W 171.86
L316 N56'35'33 "W 305.22 C301 500.00 279.51 143.51 37'01'45" N60'01'06 "w 27588
1317 N55'22'01 "W 176.77 C302 1500.00 264.18 132.43 10'05'28" 570'59'15 "E 263.84
L318 N04'08'55 "E 51.56 C303 156.00 158.62 86.93 5815'33" S36'46'44 "E 151,4p
C304 200.00 323.83 209.92 92'46'18" 555 "£ 289.60
04 - - 2012 C305 120.00 89.48 46.93 4 2'43'23" N30'52'31 "W 87.42
Archibeque Land Consulting, Ltd 0 150 300 NOTICE: According to Colorado law you MUST
Professional Land Surveying & Mapping - commence any legal anion based upon any
defect In this survey within three years after you
105 Capitol Street, Suite 5 - P.O. Box 3893 1 inch = 300 feet first discovered such defect to no event, may
Eagle, Colorado $1631 _ any action based upon any defect In this survey
970.328.6020 Office 470.328.6021 Fax DRAWN BY: 308 NUMBER: be commenced more than ten years from the
CAP 10133- Iegal.dn'g date of certification shown hereon.
LEGAL DESCRIPTION
That tract or parcel of and situate in Section 14,15,22 & 23 Township 4 South, Range 83 West of the sixth
Principal Meridian, County of Eagle, State of Colorado, being a portion of the Parcel A•5, & Highway 6 Right of
Way according to ALTAJASCM survey dated 2008 by PLC and more particularly described as follows.
Beginning at a point; thence 222.36 feet along a tangent curve to the left with a radius of 1587.10 feet, having
a centrai angle of 08 °01`38' the chord of which bears S 71 °09'51" E, 222.18 feet' thence S 52 °32'00" W a
distance of 101.81 feet; thence S 41 °06'06" E a distance of 212 "51 feet; thence S 28 °15'44 E a distance of
222.82 feet; thence S 24 °44'31" E a distance of 127.55 feet; thence S 33 °10'17" E a distance of 178.71 feet;
thence S 54 °28'34" E a distance of 19.79 feet; thence N 33 °00`21" E a distance of 199.49 feet; thence S
56 °35'30" E a distance of 492.60 feet; thence N 33 °25'39" E a distance of 347.13 feet; thence S57 °29'14" E a
distance of 255.91 feet; thence S 33 °24'30" W a distance of 238:63 feet; thence S 56 °48'48" E a distance of
470.71 feet; thence S 33 °14'43" W a distance of 56.74 feet; thence S 57 °06'30" E a distance of 198.88 feet;
thence S 54 0 33'58" E a distance of 98,34 feet; thence S 35 ° 03 "19" W a distance of 410.14 feet; thence N
51 °19'04" W a distance of 812.68 feet; thence N 56 °35'30 " W a distance of 150.00 feet; thence N 62 °40'49" W
a distance of 377.13 feet; thence N 56 ° 35'30" W a distance of 800.00 feet; thence N 66 °21'17" W a distance of
211.00 feet; thence N 27 °32'04" E a distance of 13.39 feet; thence S 62 °2756" E a distance of 6.00 feet;
thence N 27 °32'04" E a distance of 346.01 feet; thence N 18 °08'27" E a distance of 38.11 feet; thence N
18 °56'13" E a distance of 100.23 feet; thence S 67 °09'02" E a distance of 30.46 feet to the point of beginning
containing 20.845 acres more or less.
x.(22
N 0200 DISTRICT 3
ty
'Y POINT OF
1$ BEGINNING 4 .a
oa ` '
4.20 4. N 1
w 1
(?
t A v .... 12 01 O';' J
12 4,1", / 4")
/ f /
LINE TABLE / /
o
LINE BEARING DISTANCE � / ( ?,,
L200 552'32'00 "W _ 101.81 ?7 8 /
L201 541'06'06"E 212.51 (
i L202 52815'44 "E 222.82 /
, L203 524'44'31 "E 127.55 - 1 ?Y + • `1 '
1204 S33'10'17 "E 178.71 . `- , .,
L205 5542834 "E 19.79
1206 N3300'21 "E 199.49 ( 2 jA
1207 556'35'30 "E 492.60
L208 N33'25'39 "E 347.13
L209 S5729'14 "E 255.91
L210 533'24'30 "W 238.63 ( d i d`
L211 556'48'48'E 470.71 238.63 i C%‘
....
I L212 53314'43 "W 56.74 •
L213 S57'06'30 "E 198.88 IAfi
L214 554'33'58 "E 98.34 lti
,L215 S35'03 "W 410.14 �,j )�
6216 1 812.68�
L217 N56'35'30 "W 150.00 \
L218 N62'40'49 "W 377.13
L219 N56 "W 800.00
L220 1266'21'17 "W 211.00
L221 N27'32'04'E 13.39
L222 56227'56 "6 6 CURVE TABLE
L223 N27'32'04 "E 346.01 _ CURVE RADIUS LENGTH. TANGENT DELTA :CHORD
L224 N18'08'27 "E 38.11 C200 1587.10 222.36 111.36 , 8•01'38" 571'09'51 "E 222.
+6225 N18'86'13 "E 100.23
L226 567'09'02 "E 30.46
04 -18 -2012
Archibeque Land Consulting, Ltd 0 150 300 NOTICE: According to Colorado law you MUST
"' Piofessional Land Surveying & Mapping commence any legai action based upon any
Y $ PP ii " d efect in this survey within three years after you
105 Capitol Street, Suite 5 - P.O. BUx 3893 1 inch = 300 feet first discovered such defect In no event, may
Eagle, Colorado $1631 any action based upon any defect In this survey
97�?.328.6020 Office 970.328.6021 Fax DRAWN BY; 7 08 NUMBER; be commenced more than ten years from the
CAP I01334egal.drr R date of certification shown hereon.
LEGAL. DESCRIPTION
DISTRICT 3
SHEET 3 OF 3
That tract or parcel of and situate in Section 14, Township 4 South, Range 83 West of the sixth Principal
• Meridian, County of Eagle, State of Colorado, being a portion of the Parcel B, ALTA/ASCM survey dated
2008 by PLC and more particularly described as follows.
Beginning at a point; thence N 03 °57'15" E a distance of 566.93 feet; thence S 41 °31'58" E a distance of
253.89 feet; thence S 56 °08'31" E a distance of 300.22 feet; thence S 00 °32'15" W a distance of 562.33
feet; thence 5 00 °26'59" W a distance of 29.07 feet; thence 595.94 feet along a non tangent curve to the
left with a radius of 1482.50 feet, having a central angle of 23 °01'55" the chord of which bears N
49 °40'06" W, 591.94 feet, containing 5.467 acres more or less.
sr i:
ct,
BLM
iJ
°,� SssO.
°' 3 p B 3 j „
in
�
to
R= 1482.50 BL,
L= 595.94
Ton= 302.05
A=23'01'55"
CH= N49'40'06 "W
591.94 N •
POINT OF a
BEGINNING to
O
j SD0'26'59 ° W
\ 29.07'
4
04 -18 -2012
Archibeque Land Consulting, Ltd o 100 200 NOTICE: According to Colorado law you MUST
commence any legal action based upon any
Professional Land Surveying & Mapping _ d efect in this survey within three years after you
105 Capitol Street, Suite 5 - P.U. Box 3893 1 inch = 200 feet first discovered such defect. In no event, may
Eagle, Colorado 81631 _ any action based upon any defect in this survey
970.328.6020 Office 970.328.6021 Fax DRAWN BY JOB NUMBER: be commenced more than ten years from the
CAP I0133•lrgal.du+g date of certification shown hereon.
DISTRICT 4
LEGAL DESCRIPTION
SHEET I OF 2
That tract or parcel of land situate in Section 22,23, & 15, Township 4 South, Range 83
West of the sixth Principal Meridian, County of Eagle, State of Colorado, being a portion of
the Parcel C, according to'ALTA/ASCM survey dated 2008 by PLC, Book 409 Page 221, and
also Book 93 Page 381 and more particularly described as follows.
Beginning at a point; thence 5 42 °22'49" W a distance of 191.55 feet; thence 89.48 feet
along a non tangent curve to the right with a radius of 120.00 feet, having a central angle
of 42 °43'23" the chord of which bears S 30 °52'31" E, 87.42 feet, thence S 09 °30'49" E a
distance of 16537 feet; thence 323.83 feet along a tangent curve to the left with a radius of
200.00 feet, having a central angle of 92 °46'18" the chord of which bears S 55°53'58" E,
289.60 feet, thence 158.62 feet along a non tangent curve to the left with a radius 0(156.00
feet, having a central angle of 58 °15'33" the chord of which bears S 36 °4844" E, 151,88
feet, thence S 65 °5631" E a distance of 267.92 feet; thence 264.18 feet along a tangent
curve to the heft with a radius of 1500.00 feet, having a central angle of 10 °05'28" the chord
of which bears S 70 0 59 1 15" E, 26184 feet, thence 279.51 feet along a tangent curve to the
right with a radius of 500.00 feet, having a central angle of 32 °0145" the chord of whkh
bears S 60 °01'06" E, 275.88 feet, thhetice S 44 °00'13" E a distance of 728.67 feet; thence
176.80 feet along a tangent curve to the right with a radius of 215.00 feet, having a central
angle of 47 °06'58" the chord of which bears S 20°2644" E, 171.86 feet, thence 5
69 °28'41" E a distance of 101.84 feet; thence N 30 °48'20" E a distance of 258.36 feet;
thence N 78 °23'33" E a distance of 68.82 feet; thence S 29 °36'46" E a distance of 460.99
feet; thence S 41 °38'26" E a distance of 298.45 feet; thence S 12 °19'35" E a distance of
269.09 feet; thence S 20 °52'30" E a distance of 650.11 feet; thence N 89 °1719" W a
distance of 1147.49 feet; thence S` 00 °40'22" W a distance of 64439 feet; thence N
88 °02'25" W a distance of 869.04 feet; thence N 30 °48'20" E a distance of 623:24 feet;
thence N 51 °15'55" W a distance of 58432 feet; thence N 38 °19'02" W a distance of 539.28
feet; thence N 62 °48'35" W a distance of 588.51 feet; thence S 78 °50'58" W a distance of
316.60 feet; thence N 18 °20'01" W a distance of 90.61 feet thence N 56 °58'41" W a
distance of 697.09 feet; thence N 16 °23'57" W a distance of 757.58 feet; thence N
57 °48'19" W a distance of 365.60 feet; thence N 00 0 39'08" E a distance of 398.54 feet
thence N 00 °55'25" E a distance of 180,55 feet; thence N 00 42'48" E a distance of 963.68
feet; thence 5 87 °32'30" E a distance of 348.18 feet; thence N 17 °57'00" E a distance of
75.00 feet thence S 62 °02'58" E a "distance of 721.87 feet; thence S 56 °35'30" E a distance
of 731.70 feet; thence S 50 °26'42" E a distance of 314A9 feet to the Point of Beginning
containing 195.460 acres more or less.
04-18-2012
Archibeque Land Consulting, Ltd NOTICE: Accong to Colorado law you MUST
Pic feasional Land Surveying & Mapping commence any legal action based upon any
defect In this survey Wtthtn three years after you
1DB Capitol Street, Suite 5 - P.O. Box 3893 Post dismvcred such defect. In no event, may
Eagle, Colorado 81631 any action based upon any defect in this survey
970028.8020 Office 970.328.6D21 Fax DRAWN BY: 30B NUMBER: be commenced more than ten years from the
GAP 10133- iegal.dwg date of certification shown hereon.
• ... ...
LINE TABLE
LINE BEARING DIS1AN a
DISTRICT 4 i 1 00 887'32'30"w 348 18
L101 517'57'00"W 75.00
L102 N62'02'58"W 72
SHEET 2 OF 2 L 1 G3 1456'35'30'V 131.70
L104 145026'42"W 314.49
L105 N4222‘49"E 191.55
L106 N09'30'49"W 165.37
1 N65'56'31"W 267 92
L108 N4400'13"W 728.67
L109 N69'28'41"W 1 101:84
1110 S.30 48'7()"4 25& 36
L111 57823'33"W 68.82
• .
''.
L112 829 /160.99
..,
L100 L113 N41 298.45
, 47 0,) 114 ' 1%11219'' 26 9
35W 9.0
_ 1
_ .._
--./
L115 N20'52'30"W 650.11
L1 S891739'1 1147.49
00 L117 80040 544.79
.7.-J Oa •
BEGRVNTNG 1.118 S304820W 6224
L S511 1 5.553 •
584.32
\ 5
L120 S38 39.28
...____ .
'57 1121 S5235E 558.51
..# ..
, \to L122 N78'50'58"E 316.60
r-..
L123 S1820'011 90.61
73
r: 11 S56 1 "E 69 /. 09
0 6 L125 S1623'57"E 757.58
• to 0)
I 'it
1125 S5748 365.60
C.101 1127 s00 180.55
. 02 C102---,42j2.
L128 50012 96'3.6
6
,....____. L129 . S88'02'25"E 569.04
0103 L130 S00'39 398.54
C104
. '-:1:•.) \
\ (2.
t. DISTRICT 4
(.105V; <
4....,
;I
122
r.
\ r.
..<,
• .....-
\ 11;,
\
N. \
, :-. c P
L129
_______ __ _
/ r.
73 L116
_
L CURVE TABLE
' CURVE RADIUS 1 ENGIF: TANGENT DEL TA C FIORD
C100 120.00 89.48 46.9 42'43'23" N30'52'31"W 87.42
___. ...._ _ . ____...
C101 200.00 323.83 209.92 92 555'53'587 289.60
C102 156.0 158.62 86.93 581533" S.36'48'44"E 151.88
. C103 1500.00 . i 264.18 132.43 i3'05'28" SZO'59 263.84
C101 500.00 2/9.51 143.51 32'01'45" 1 460'61'06"W 775.88 .
C105 2 5.00 176.80 9.3.74 _ 47'06'58" , N20*25 171.85
04-18-2012
Archibeque Land Consulting, Ltd 0 300 600 NOTICE: According to Colorado law you MUST •
commence any legal action based upon any
- Professional Land Surveying & Mapping - 14!!!!!!'lli( defect In this survey within three years after you
103 Capital Street, Suite 5 - P.O. Box 3893 1 inch = 600 feet first discovered such defect. In no event, may
E any acton based upon any defect In this survey
agle Col d
, orao 81631 DRAWN BY: JOB NUMBER: be commenced more than ten years from the
970.328.6020 Office 970.328.6021 Fax shown date or ten/tic:allot) hereon.
CAP 10133-legaldwg
EXHIBIT C
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EXHIBIT G
MAP OF LOCATION OF IMPROVEMENTS
{002727871DOCX / 6}
THE WOLCOTT
METROPOLITAN
DISTRICTS
NOS. 1 THRU 4
CONSOLIDATED SERVICE PLAN
Eagle County
April 201 z
WOLCOTT METROPOLITAN DISTRICTS 1 THRU 4
EAGLE COUNTY
COLORADO
PREPARED BY
COMMUNITY CONCEPTS COLORADO, LLC
BOUNDARIES UNLIMITED INC.
STAN BERNSTEIN & ASSOCIATES, INC.
COLLINS COCKREL & COLE
i
{00272787.DOCX / 6)
TABLE OF CONTENTS
1. INTRODUCTION 1
2. PURPOSES OF DISTRICTS 2
3. PROPOSED DISTRICT BOUNDARIES /SERVICE AREA 4.
4. PERMITTED LAND USES / POPULATION PROJECTIONS / ASSESSED
VALUATION 4
5. DESCRIPTION OF DISTRICT POWERS, SERVICES AND
IMPROVEMENTS 4
(a) Services and Improvements. 5
(b) Other Powers. 9
6. ESTIMATED COSTS OF IMPROVEMENTS 10
7. ESTIMATED COSTS OF OPERATIONS AND MAINTENANCE 11
8. FINANCIAL PLAN / PROPOSED INDEBTEDNESS 11
(a) Financial Plan. 1 1
(b) Bond Issuance and Developer Advances 12
(c) Debt Authorization. 13
(d) Parameters for Debt Issuance. 14
(e) Revenue Source 15
(0 Operations, Maintenance and Administration 15
9. INCLUSIONS / EXCLUSIONS 15
10. DISSOLUTION / CONSOLIDATION / INACTIVE STATUS 16
11. CONCLUSION 16
{00272787.DOCX / "6)
i
LIST OF EXHIBITS
E BIT A Financial Plan
E BIT B Legal Descriptions
EXHIBIT C Boundary Map
EXHORT D Vicinity Map
EXHIBIT E Site Plan
EXHIBIT F Cost Summaries of Improvements
EXHIBIT G Map of Location of Improvements
EXHIBIT H Form of Mill Levy Disclosure Statement
{OO272787 DOCX / 6)
11
1. INTRODUCTION
The Wolcott Development is a mixed use "new town" development (the
"Development ") located at Wolcott, Colorado in Eagle County (the "County "),
consisting of 373 acres proposed to be developed into approximately 431 residential units
(which may be developed into a maximum of 679 residential "unit counts" including
accessory dwelling units) and up to 150,000 square feet of commercial space. The
development will occur in phases, thus making appropriate the establishment of multiple
metropolitan districts to handle the various stages and types of development.
Wolcott Metropolitan District No 1 (the "Service District ") will be responsible
for oversight of the construction and financing, ownership and operation of the public
infrastructure. District No. 2 and District No. 4 will consist of residential neighborhoods
to be developed as the market allows, with District No 3 consisting of the commercial
development as well as associated residential units (collectively, District Nos. 2 through 4
comprise the "Financing Districts" and together with the Service District they comprise
the "Districts "). Commercial property is assessed for taxation purposes at nearly four
times that of residential property, thus warranting a lower property tax levy in the
commercial area, able to be achieved through placing the commercial property in a
separate District. It is possible that a District No 5 could be requested to be formed at a
later date in order to adjust the phasing of development.
The Wolcott Development is currently owned by three separate parties.
Community Concepts Colorado is the applicant of the Planned Unit Development (the
"PUD ") for the Wolcott Development. References in this Service Plan to a "Developer"
apply to Community Concepts Colorado, LLC and any affiliated or related entity, and
any successor developer or an affiliated or related entity thereof.
The Wolcott Development PUD has received Sketch Plan Approval from the
Eagle County (the "County ") Board of County Commissioners. The Developer is
preparing the PUD Preliminary Plan for submittal to the County. The concurrent
submittal of PUD and Service Plan applications is necessary because the Service District
is to execute one or more intergovernmental agreements with the Colorado Department of
Transportation ( "CDOT ") before the end of 2012, which in turn requires that the
Districts' organizational elections be held on November 7, 2012.
Although the PUD and the Service Plan both relate to the same project, the Board
of County Commissioners retains the authority to consider each application separately.
In particular, the approval of this Service Plan shall bestow no vested rights upon the
subject property. As further described in Section 10, if the Final PUD is not approved by
May 1, 2013, the Districts shall either be put on inactive status or be dissolved.
This Service Plan gives an overview of the services and functions that the Districts
are expected to provide and it also sets forth the parameters of the Districts' authority.
(00272787.DOCX / 6) 1
Howe ri er, the projections contained in this Service Plan (including the Financial Plan and
a desc iption of the public and private improvements in the Wolcott Development)
repres nt the best.current information and estimates of the parties but are not intended to
create imitations on the Districts.
The Districts will have all the powers and authorities available to metropolitan
distric under Title 32, Article 1, C.R.S. (as amended from time to time, the "Special
District Act "), although all may not be utilized. As related below, water and sewer will
be provided by the Eagle River Water and Sanitation District; fire protection by either the
Eagle River Fire Protection District or Greater Eagle Fire Protection District; and
emerg$ncy medical services by the Eagle County Health Service District. The Districts'
boundaries will overlap with Western Eagle County Metropolitan Recreation District.
The Fire Districts and the Health Service District (Ambulance District) will
develop facilities as the need arises. The Water and Sanitation District has agreed to
. establish a Water and Sanitation Subdistrict (the "Water and Sanitation Subdistrict ")
for wader and wastewater purposes; and with security provided by the Developer, has
agreed Pto arrange for financing, construction, ownership and operation of the water and
sewer cilities. Those costs may be assisted by the Districts as is required and /or able to
be acc mplished. The Water and Sanitation District shall also determine the adequacy of
the wa r rights being conveyed to it by the Developer for the Development.
11 other infrastructure, including but not limited to streets, drainage, traffic
signali ation, transportation, parks and recreation, and mosquito control, may be provided
throug the Districts, as discussed in Sections 5 and 6 below.
it is estimated that less than one -half of the actual costs of the infrastructure will
be able o be financed through municipal bonds. The rest will be donated by the
Develo ter. The Financial Plan is set forth in Exhibit A.
2. 1 URPOSES OF DISTRICTS
s the management and control district, the Service District will be responsible for
managing, implementing and coordinating the financing, acquisition, construction,
completion and operation of certain public infrastructure (all of which public
improvements are referred to herein generally as the "Improvements ") and services
throughout the Development (referred to herein generally as the "Services "). The
Improvements and Services are more particularly described in Sections 5 and 6 below.
The Improvements will be completed for the collective use and benefit of the property
owners nd residents of the Districts, as well as for all citizens of the County and
Colorad (the "State "). Upon completion, it is anticipated that the Service District will
dedicate and transfer certain of the Improvements to other governmental entities and /or
one or ore owners associations (the "Owners' Associations ") as described in Section 5.
{00272787.DbCX / 6} 2
The Service District is expected to operate and maintain all other Improvements within
the Development.
It is anticipated that the Developer will make advances to the Service District as
necessary to fund the costs of acquisition, construction and completion of the
Improvements until such time as the Service District can issue bonds. Alternatively, any
of the Districts may, if feasible, issue bonds immediately to fund the costs of the
Improvements and to pay back any developer advances. It is expected that the Financing
Districts will pay all tax collections and other revenue to the Service District, which
revenue will be applied to the payment of debt service on bonds and the costs of
administration, operation and maintenance of the Improvements which are not transferred
to other parties and to the costs of providing the Services. The Service District shall also
administer the Arts and Entertainment Trust Fund and the Wolcott Environmental Trust
Fund (discussed in Section 5(a)).
The arrangements for financing, acquiring, constructing, completing, operating
and maintaining the Improvements and providing the Services will be set forth in an
intergovernmental agreement among the Districts (the "Inter- District IGA "). Because
of the lengthy build -out period of the Development, the use of the Service. District as the
management district in cooperation with the Financing Districts will ensure that the
Improvements are financed and constructed in coordination with the various phases of the
Development and not sooner. This phased financing approach will also ensure that
property owners within the Districts are not taxed unnecessarily for Improvements before
they are needed and will reduce.the costs of financing generally.
The Development is not presently served with the facilities or services to be
provided by the Districts, nor does the County or any other special district have any plans
to provide such facilities or services within a reasonable time and on a comparable basis.
The Water and Sanitation District has agreed to establish the Water and Sanitation
Subdistrict for water and wastewater purposes; and with security provided by the
Developer, has agreed to arrange for financing, construction, ownership and operation of
the water and sewer facilities. The Water and Sanitation District has purchased land
suitable for water and wastewater treatment facilities to serve the developable areas.
Alternatively, the Water and Sanitation District and Developer may locate the water and
sewer facilities to a different site, to be dedicated by the Developer. The Water and
Sanitation District and Developer are in the process of negotiating a reimbursement
agreement by which the Developer will make advances to the Water and Sanitation
District for the costs of the water and sewer capital improvements, with the intent that
such costs will ultimately be borne by either the Water and Sanitation Subdistrict or the
Districts.
The Districts may enter into an intergovernmental agreement with the County with
respect to the provision of services and facilities within the Development. The Service
District is expected to enter multiple intergovernmental agreements with CDOT (the
{00272787.DOCx / 6} 3
"CDOT IGAs ") related to highway improvements, including the relocation of
High ay 6 and the modification of the interchanges to 1 -70.
The use of the Districts to finance, acquire, construct, complete, operate and
maint in the Improvements, which are not transferred to other parties, will assure the
provis on of requisite public infrastructure and other attractive public amenities within
the De elopment and the vicinity and will generally promote the public welfare of the
Count Thus, the organization of the Districts will promote both the interests of present
and future residents, property owners and taxpayers within the Districts as, well as the
general interests of the County.
3. PROPOSED DISTRICT BOUNDARIES /SERVICE AREA
The Service District will be organized to manage, implement and coordinate the
financing, acquisition, construction, completion, operation and maintenance of the
Improvements and provision of the Services for the Development. It is anticipated that
there Will be no residential or commercial buildings within the Service District.. The
gener composition of the Financing Districts is described in Section 9. The boundaries
of the istricts are located entirely within the County, as more particularly described in
the leg 1 description of the initial expected boundaries of the Districts attached hereto and
incorp rated herein as Exhibit B, and are also shown on the boundary map attached
hereto nd incorporated herein as Exhibit C. A vicinity map and site plan are attached as
Exhibi D and Exhibit E. The service area of the Districts will consist of all property
that is chided into their collective boundaries, as well as any areas in which off -site
Impro ments will be completed (together, the "Service Area ").
4. ERMITTED LAND USES / POPULATION PROJECTIONS / ASSESSED
ALUATION
he Development is planned to offer a mix of residential, mixed -use commercial
(retail d service), municipal and community uses and private active and passive open
space. he expected permanent combined population of the Districts is 1,800 at full
build -o t. The current assessed value of all property within the boundaries of the
S is approximately $129,510 and is projected to be approximately $50,100,000 at
full build- out.
5. 11 ESCRWTION OF DISTRICT POWERS, SERVICES AND
0 !' ROVEMENTS
I
he Service District will manage, implement and coordinate the financing,
acquisiton, construction, completion, operation and maintenance of the Improvements
and the rovision of the Services within and without the boundaries of the Districts in
accorda ce with the terms of the Inter - District IGA. The Districts will possess all the
powers nd authorities available to metropolitan districts under the Special District Act,
{00272787.t$DCx / 6} 4
although all may not be utilized. Without limiting the foregoing, the following is a
general description of the Districts' powers and authorities, the Services that they are
expected to provide, and the Improvements that they are expected to acquire or construct.
(a) Services and Improvements.
(i) Park and Recreation Improvements. The Districts shall have the
power and authority to provide for the design, acquisition, construction, installation,
completion, operation and maintenance of parks and recreation improvements and
programs as authorized by the Special District Act, including without limitation a canoe
and kayak club, nature center, river parks, swimming pools, playgrounds and playfields,
pocket parks, meditation lawns, park shelters and facilities, hiking trails, common areas,
open space areas, landscaping, hardscape, wildlife preservation and mitigation, signage,
entry and architectural features, a community center, recreational facilities, irrigation, art
and cultural activities, together with all necessary, incidental and appurtenant facilities,
land and easements, and all extensions of and improvements to such facilities within and
without.the boundaries of the Districts. All park and recreation improvements will be
designed and constructed in accordance with any applicable specifications of the County.
It is expected that the Districts or the Owners' Associations will own, operate and
maintain the park and recreation improvements. The Districts' boundaries will overlap
with Western Eagle County Metropolitan Recreation District; it is not anticipated that the
Improvements will be conveyed or maintained by the recreation district.
(n) Drainage Improvements. The Districts shall have the power and
authority to provide for the design, acquisition, construction, installation, completion,
operation and maintenance of a stormwater management system, including without
limitation stormwater, sewer, flood and surface drainage facilities and systems,
detention/retention ponds and associated drainage facilities, together with all necessary,
incidental and appurtenant facilities, land and easements, and all extensions of and
improvements to such facilities within and without the boundaries of the Districts. It is
expected that the Districts or the Owners' Associations will own, operate and maintain
the drainage improvements. All drainage improvements will be designed and constructed
in accordance with the standards and specifications of the County and any other
applicable. State or federal agencies.
(iii) Street Improvements. The Districts shall have the power and
authority to provide for the design, acquisition, construction, installation, completion,
operation and maintenance of street, roadway and related landscaping improvements,
including curbs, gutters, culverts, and other drainage facilities, pedestrian ways, bridges,
alleys, parking facilities, paving, lighting, grading, landscaping, irrigation, and structures;
and street - related electric, telephone, and gas; together with all necessary, incidental, and
appurtenant facilities, land and easements, and all extensions of and improvements to said
facilities within and without the boundaries of the Districts. Improvements related to the
relocation of Highway 6 and modification of the interchanges to 1-70 will be constructed
{00272787.DOCx /6} 5
to CDOT standards and may be conveyed to CDOT for ownership and maintenance
pursuant to the CDOT IGAs. All other street improvements will be constructed to
Coun y standards and will be conveyed and transferred to the County, subject to
accep ance, or maybe retained by the Districts or conveyed to the Owners' Associations
for p etual ownership and maintenance. The Districts will retain the authority to
suppl ment maintenance of roads conveyed to other entities.
(iv) Water Improvements. It is expected thatwater improvements will'
be en irely financed, constructed, owned and operated by the Water and Sanitation
District through use of the Water and Sanitation Subdistrict and Developer financing. To
provide maximum flexibility for financing improvements, the Districts shall also have the
power and authority to provide for the design, acquisition, construction, installation,
completion, operation and maintenance of a complete potable water system and irrigation
water system for the Development, including but not limited to, water rights, water
supply, treatment, storage, transmission and distribution systems for public or private
purposes, together with all necessary and proper reservoirs, treatment works and
facilities, wells, water rights, equipment and appurtenances incident thereto which may
inclu , but shall not be limited to, transmission lines, distribution mains and laterals,
stora facilities, land and easements, together with extensions of and improvements to
said f cilities or systems within and without the boundaries of the Districts. Upon
comp tion and acceptance by the Water and Sanitation District, all such improvements
shall e transferred to the Water and Sanitation District for ownership, maintenance and
opera on, except for supplemental maintenance as may be determined by the Water and
Sanit ion District by intergovernmental agreement.
(v) Sewer Improvements. It is expected that sewer improvements will
be entirely financed, constructed, owned and operated by the Water and Sanitation
Distri t through use of the Water and Sanitation Subdistrict and Developer financing. To
provi maximum flexibility for financing improvements, the Districts shall also have the
powe and authority to provide for the ` design, acquisition, construction, installation,
compl tion, operation and maintenance of sanitary sewers, wastewater treatment and
dispos' works and facilities, water quality facilities, equipment and appurtenances
incident thereto, together with all necessary, incidental and appurtenant facilities, land
and easements, and all necessary extensions of and improvements to said facilities or
systems within and without the boundaries of the Districts. Upon completion and
acceptance by the Water and Sanitation District, all such improvements shall be
transf ed to the Water and Sanitation District for ownership, maintenance and
operat n, except for supplemental maintenance as may be determined by the Water and
Sanita on District by intergovernmental agreement.
(vi) Transportation Improvements. The Districts shall have the power
and au hority to provide for the design, acquisition, construction, installation, completion,
operati n and maintenance of a system to transport the public by bus, rail, or any other
(002727$71DOCX/ 6) 6
I
means of conveyance, or any combination thereof, including transit bus stops and park -n-
ride facilities, together with all necessary, incidental and appurtenant facilities, land and
easements, and all extensions of and improvements to such facilities within and without
the boundaries of the Districts, provided that such services are provided within the
County. It is expected that the Districts or the Owners' Associations will own, operate
and maintain the transportation improvements.
(vii) Traffic and Safety Controls. The Districts shall have the power and
authority to provide for the design, acquisition, construction, installation, completion,
operation and maintenance of traffic and safety controls and devices on streets and
highways and at railroad crossings, together with all necessary, incidental and
appurtenant facilities, land and easements, and all extensions of and improvements to
such facilities within and without the boundaries of the Districts. The Districts shall have
the authority to enter into agreements with the County, CDOT, or railroad companies for
the erection of such safety controls and devices and for the construction of underpasses or
overpasses at railroad crossings. It is expected that the Districts or the Owners'
Associations will own, operate and maintain the traffic and safety controls.
(viii) Mosquito Control. The Districts shall have the power and authority
to provide for the design, acquisition, construction, installation, completion, operation
and maintenance of improvements to provide for the elimination and control of
mosquitoes, together with all necessary, incidental and appurtenant facilities, land and
easements, and all extensions of and improvements to such facilities within and without
the boundaries of the Districts.
(ix) Fire Protection. The Districts shall have the power and authority to
provide for the design, acquisition, construction, installation, completion, and (on a
supplemental basis, as needed) operation and maintenance of improvements to provide
for fire protection, together with all necessary, incidental and appurtenant facilities, land
and easements, and all extensions of and improvements to such facilities within and
without the boundaries of the Districts. Actual fire protection service would be provided
by the Fire Districts. Upon completion and acceptance by the respective Fire Districts,
all such improvements shall be transferred to the Water and Sanitation District for
ownership, maintenance and operation, except for supplemental maintenance as may be
determined by the Fire Districts by intergovernmental agreement.
(x) Security Services. Subject to the provisions of Section 32 -1-
1004(7), C.R.S., the Districts shall have the power to furnish security services within the
Districts.
(xi) Covenant Enforcement. The Districts shall have the power to
furnish covenant enforcement and design review services within the Districts pursuant to
the provisions of Section 32- 1- 1004(8), C.R.S.
(00272787.DOCX / 6} 7
INIIMI=7 ,
(xii) Telephone. The Districts shall have the power to finance line
exten ion charges for new telephone construction for the purpose of furnishing telephone
servi exclusively in any District which has no property zoned or valued for assessment
as res dential.
(xiii) Street Lighting. The Districts shall have the power to enter into
contr cts with public utilities, cooperative electric associations, and municipalities for the
purpobe of furnishing street lighting service.
(xiv) Television. The Districts shall have the power to establish and
maintain television relay, and translator facilities, and to enter into contracts with cable
television service providers.
(xv) Solid Waste. To the extent authorized by the Special District Act,
the D stricts shall have the power and authority to provide for the design, acquisition,
construction, installation, completion, operation and maintenance of improvements to
provide for solid waste disposal or collection and transportation of solid waste, including
a community recycling collection area facility, together with all necessary, incidental and
app enant facilities, land and easements, and all extensions of and improvements to
such cilities within and without the boundaries of the Districts.
(xvi) Administration of Trust Funds. The Development contemplates the
establ shment of two trust funds to be financed by a transfer fee to be imposed on all
sales y the, Developer to unaffiliated parties by covenant against all properties within the
Development in the amount of 1% of the value of the property. The trust funds will be
administered by the Service District. It is anticipated that 75% of such funds will be
dedicated to the Arts and Entertainment Trust Fund to fund community art and to provide
unique art, entertainment, educational, recreational, and social programming and services
year round, including weekend fairs and musical performances; and the remaining 25%
of such funds will be dedicated to the Wolcott Environmental Trust Fund to fund wildlife
conse ation efforts, including educational activities, such as tours to owners and visitors,
sustaiiability and conservation lectures and field trips, as well as to provide and maintain
parks and recreational improvements, including a nature center, hiking trails, and wildlife
conservation measures coordinated with the Colorado Division of Wildlife. Each Trust
Fund is anticipated to be administered by separate committees appointed from
community residents and owners by the Service District's Board of Directors.
The foregoing description provides the current expectations of the Improvements
and the Services to be provided by the Districts, and of how the Districts will coordinate
their efforts among themselves and with other entities. The actual provision of the
Improvements and the Services may differ from such descriptions.'
The various activities of the Districts shall be subject to County zoning,
subdi
,/ }The
building codes, land use regulations, and other applicable laws, rules, and
{0027278 .DOCX / 6} 8
regulations, so that the facility and service standards of the Districts will be compatible
with those of the County, the Water and Sanitation District and the Fire Districts. The
Developer will provide all permit and other applications and/or submissions to the
County, the Water and Sanitation District and the Fire Districts as are required for each
particular phase of development. The County shall not be responsible for assuming the
costs of any of the Improvements. The Developer will be responsible for any costs of the
Improvements needed for the Development that exceed the amount of bonds issued or
other revenues available to the Districts for such purposes.
The ownership of the Improvements and provision of the Services shall be
coordinated among the Districts and the Owners' Associations. The Districts are
expected to have lower costs than the Owners' Associations for a variety of reasons,
including because property owned by the Districts is not subject to taxation and the fact
that the Districts have the benefit of governmental immunity. It is also beneficial for
property owners to pay for as much of the Improvements and Services as possible
through the Districts because property taxes payable to the Districts are tax deductible
whereas dues to the Owners' Associations are not. The Developer thus intends to
minimize the use of Owners' Associations in the Development to the extent that the
Districts are able to finance Improvements and Services.
Land, easements and facilities proposed for conveyance to the County shall be free
and clear of all liens, encumbrances and easements, unless otherwise approved by the
County. All conveyances shall be by special warranty deed.
(b) Other Powers.
The Districts shall each have all powers and authorities granted to metropolitan
districts under the Special District Act, which may be exercised to provide for the
acquisition, construction, completion, operation and maintenance of the Improvements
and the provision of the Services as authorized in and subject to the limitations set forth
in this Service Plan and the Inter - District IGA. In addition to the enumerated powers and
authorities, the Boards of Directors of the Districts shall also have the following
authorities:
(i) Service Plan Amendments. To amend this Service Plan as needed,
subject to compliance with appropriate statutory procedures as set forth in this Service
Plan and the Special District Act.
(ii) Construction and Financing Phasing. Without having to amend this
Service Plan, except as otherwise expressly required herein, to defer, delay, reschedule,
rephase or restructure the financing and/or construction of the Improvements in order to
better accommodate the pace of growth within the Wolcott Development, resource
availability, and the funding capability of the Districts.
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(iii) Additional Services. Except as specifically prohibited herein, to
provi such additional services and exercise such powers and authorities as are
expres ly or impliedly granted in the Special District Act or by State law.
(iv) Creation of Subdistricts. The Districts may organize one or more
subdis jets or areas as allowed by Section 32- 1- 1101(1)(f), C.R.S. Such organizations
shall n t be material modifications to this Service Plan; provided, however, that any such
subdistrict(s) or area(s) shall be subject to all limitations on debt and other provisions of
the Service Plan. Neither the. Limited Mill Levies (defined in Section 8(a)) nor the
aggregate debt limit set forth in Section 8(c) shall be increased as a result of creation of a
subdistrict. In accordance with Section 32- 1- 1101(1)(f)(I), C.R.S., the District shall
notify the County prior to establishing any such subdistrict(s) or area(s), and shall provide
the Cotinty with details regarding the purpose, location, and relationship of the
subdistrict(s) or area(s).
(v) Special Improvement Districts. The Districts may establish one or
more special improvement districts within their respective boundaries to finance all or
part oflthe costs of any Improvements from assessments as provided in Section 32-1 -
1101.7 C.R.S.
6. ESTIMATED COSTS OF IMPROVEMENTS
The present estimated (un- inflated) aggregate cost of the Improvements (including
related soft costs) which may be financed, acquired, constructed and completed by the
Districts, is approximately $38,500,000 as set forth in Exhibit F, which provides cost
summaries by type of Improvement. A map of the anticipated location of the
Improvements is attached hereto as Exhibit G.
he design, phasing of construction, location and completion of the Improvements
will be determined by the Service District to coincide with the phasing and development
of the evelopment and the availability of funding sources. In accordance with the terms
of the 1 ter - District IGA, the Service District may, in its discretion, phase the
constru Lion, completion, operation and maintenance of the Improvements or defer,
delay, schedule, rephase, restructure or determine not to proceed with the construction,
completion, operation and maintenance of the Improvements based upon the best
interest$ of the present and future residents, property owners and taxpayers of the
District, and such actions or determinations shall not constitute material modifications of
this Serlvice Plan.
The estimated cost of organization of the Districts is expected to be $75,000 or
more
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7. ESTIMATED COSTS OF OPERATIONS AND MAINTENANCE
The budgets adopted by the Districts will authorize expenditures for
administration and the operation and maintenance of Improvements that have not been
transferred to the County, the Water and Sanitation District or another entity for
ownership and maintenance, and the provision of the Services. The Financial Plan sets
forth estimated sources and uses of the Districts' operating funds. Tolls, rates, penalties,
Fees and charges may be imposed within or without the Service Area and collected by
the Districts to the extent necessary to supplement other revenues available for such
purpose, subject to the terms of the Inter- District IGA.
8. FINANCIAL PLAN / PROPOSED INDEBTEDNESS
This part of the Service Plan describes the expected nature, basis, method of
funding and financing limitations associated with the acquisition, construction,
completion, operation and maintenance of the Improvements. The Financial Plan will be
coordinated and implemented by the Service District in accordance with the terms of the
Inter - District IGA, subject to all express limitations set forth herein.
(a) Financial Plan.
The Financial Plan, which is attached as Exhibit A and incorporated herein, is the
consolidated Financial Plan for the Districts and includes the estimated property tax
revenue of the Districts, sales tax revenue of the Districts, revenue available from specific
ownership taxes, a development fee expected to be up to $7,000 per residential unit
(excluding accessory dwelling units) and each 1,500 square feet of commercial space (the
"Development Fee ") and other sources, and amounts available for payment of debt
service on District bonds and for operations and maintenance expenses. Tap fees may
also be imposed with the consent of the Water and Sanitation District. The Financial
Plan projects the issuance of the Service District's bonds and anticipated debt repayment
based on the development assumptions and absorptions for property within the Districts
as prepared by the Developer and its economic and planning consultants. The Financial
Plan anticipates that in accordance with the terms of the Inter - District IGA, the Service
District will act as the management district issuing all bonds and completing all
Improvements within the Service Area, including repaying any Developer advances,
while the Financing Districts will tax all property within their respective boundaries.
The maximum mill levy imposed on property within the Districts for debt service
will be 35 mills (the "Debt Service Mill Levy ") and the maximum mill levy imposed on
property within the Districts for operations will be 20 mills (the "Operating Mill Levy"
and together with the Debt Service Mill Levy, the "Limited Mill Levies"). Each of the
Mill Levies may be adjusted to take into account legislative or constitutionally imposed
adjustments in assessed values or the method of their calculation (as of the date of this
Service Plan), so that to the extent possible, the actual revenues generated by the Limited
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Mill Levies are neither diminished nor enhanced as a result of such changes. Among
other a justments, a change in the ratio of actual valuation of assessable property shall be
deeme a change in the method of calculating assessed valuation. The Limited Mill
Levies may differ between the Districts. The current expectation is that District No 2
and Di trict No 4 will each have a Debt Service Mill -Levy of 35 mills and an Operating
Mill L vy of 20 mills, and District No 3 will have a Debt Service Mill Levy of 10 mills
and an Aerating Mill Levy of 5 mills.
It is expected that the Water and Sanitation Subdistrict will impose a mill levy of
20 milli to pay for the water and sewer improvements for the Development. The Limited
Mill Levies have been established with this additional property tax in mind and are
intended to subject property within the Development to an aggregate mill levy that is
comparable to those of other developments in the region.
The Districts are also expected to impose a tax on all transactions subject to sales
tax by the State to pay for street improvements, safety protection and transportation
facilities; and services. The sales tax will allow the Districts to broaden and diversify the
tax base to include the visitors who benefit from the Improvements and Services. It is
anticipated that the sales tax will be 2.0% throughout all Districts, with the maximum rate
to be determined by the Districts' voters and the actual rate imposed by the Districts'
Boards of Directors.
. A11 Financing District collections of taxes, fees and other revenues will be
remitted to the Service District to repay bonds, developer advances and other obligations
in accordance with the terms of the Inter - District IGA; provided,, however, that the actual
bond Fihancial'Plan of the Districts will be determined by the Service District as required
by the phasing and build -out of the Development itself. Alternatively, the Financing
District may, at the direction of the Service District pursuant to the Inter - District IGA,
issue bo ds directly as discussed below. The Financial Plan demonstrates that, at various
projeete levels of development, the Districts have the ability to finance the
Improvements and will have the financial ability to discharge all debt on a reasonable
basis.
(b) Bond Issuance and Developer Advances.
The Developer may make advances to the Service District as necessary to fund all
or a portion of the costs of the Improvements and the provision of Services, and the
Service istrict in turn May issue revenue notes or bonds to the Developer, which will be
repaid fr m bond proceeds received when bonds are issued after adequate revenues of the
Districts are available to repay such bonds. Alternatively, the Districts may issue bonds
to an inv stor, with or without security provided by the Developer, with the proceeds of
such bon s being used to fund the Improvements.
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The Financial Plan sets forth one bond issuance scenario. Without having to
amend this Service Plan, alternate financial plans may also be implemented by the
Districts, including without limitation having the Financing Districts issue bonds directly
in accordance with the terms of the Inter- District IGA and paying the proceeds thereof to
the Service District for purposes of discharging Developer advances and /or funding the f
costs of the Improvements. The Districts may enter into multiple -fiscal year financial
obligations of any nature, including without limitation intergovernmental agreements and
acquisition, reimbursement and funding agreements with the Developer to accomplish
any of the various purposes authorized in this Service Plan. Refunding bonds may be
issued by the Districts to defease original issue bonds in compliance with applicable law.
It is anticipated that initially the Developer will advance funds to the Service
District to pay operating as well as capital costs, which advances will be repaid from
bond proceeds or revenues collected by the Financing Districts as development
progresses. Interest on Developer advances will be set at competitive market rates but
will be capped at 8% per annum, unless a higher interest rate is approved in writing by
the County Manager. Interest on developer advances will be compounded no more than
annually. Net effective interest rates on bonds are projected at 7.0% and assume no
credit enhancement, from the Developer.
(c) Debt Authorization.
At the organizational election, each of the Districts shall seek authority to issue
revenue or general obligation indebtedness, including bonds and other multiple- fiscal
year financial obligations such as intergovernmental agreements (including the CDOT
IGAs) and acquisition, reimbursement and funding agreements, in the amount of
$30,000,000 in each debt category. Because each District must vote its own debt
authorization for each of the categories of Improvements to be constructed within the
Service Area, each District must by law have the full debt authorization available to it in
the event that any one of the other Districts finances, acquires, constructs and completes
the Improvements and /or the other Districts enter into intergovernmental agreements to
repay the costs thereof. However, the aggregate debt of the Districts for funding the
capital costs of the Improvements shall not exceed $30,000,000, unless otherwise
approved in writing by the County Manager. The total principal amount of debt
authorization to be voted by each of the Districts exceeds the projected capital costs of
corresponding Improvements to allow for unforeseen contingencies and increases in
construction costs due to inflation and to cover all organizational and bond issuance
costs, including capitalized interest, reserve funds, credit enhancement, discounts, legal
and other consulting fees, and other incidental costs of issuance.
The Service District may utilize its debt authorization to issue revenue bonds
and /or notes to the Developer. The Financing Districts are expected to use their debt
authorization to enter into intergovernmental agreements with the Service District to pay
{00272787.DOCX / 6) 13
over their property tax, sales tax and other revenues in support of the repayment of such
notes and bonds (or to issue general obligation bonds directly for such purposes).
(d) Parameters for Debt Issuance.
Unless otherwise approved in writing by the County Manager, all bonds or notes
issue or obligations incurred by each of the Districts shall be subject to the following
restri Lions and any limitations in the Inter- District IGA:
(i) For any bonds other than those sold to the Developer, the maximum
voted interest rate will be 18% and the maximum discount will be 5 %. The exact interest
rates and discounts will be determined at the time that bonds are sold and will reflect
market conditions at the time of sale. Such bonds will be structured to obtain competitive
rates.
(ii) All bonds will contain adequate call provisions to allow for the prior
redemption or refinancing of such bonds. Bonds sold to the Developer shall be callable
after 5 years and have maturity dates of 30 years or less.
(iii) No uninsured or non- credit enhanced bonds shall be issued which
contain provisions permitting acceleration of the bonds upon default.
(iv) Interest rates on bonds or notes sold to the Developer shall be
subject to an opinion as to the reasonableness of the interest rate and terms, which
opinion shall be prepared by a local Red Book investment bank or bond counsel and
provided to the County. The total of all annual debt service payments on the bonds
(including scheduled compounding interest, if applicable) shall not exceed the Limited
Mill L vies.
(v) The Districts may issue bonds secured by any legally available
revenu s, including any combination of Development Fees, sales taxes, specific
• owner hip taxes and the Debt Service Mill Levy.
(vi) Any special improvement district created by the Districts may
impose assessments and issue bonds secured by such assessments, as provided in
Section 32 -1- 1101.7, C.R.S.
(vii) No bonds or other multiple - fiscal year financial obligations shall be
executed until the County has approved the Final PUD, except that the Districts may
enter into the CDOT IGAs provided that any multiple -fiscal year financial obligation of
the Districts be contingent upon the approval of the Final PUD and be terminable if the
Final PJD:has not been approved by the date set forth in Section 10.
{00272787.DOCX / 6} 14
(viii) The Districts shall provide written and recorded notice of the tax
burden, including the Limited Mill Levies, in the form set forth in Exhibit H attached
hereto. The notice shall be recorded against all property within the Districts.
(e) Revenue Sources.
The primary anticipated revenue sources of the Districts will be the Limited Mill
Levies and sales taxes levied . by the Financing Districts, specific ownership taxes and
Development Fees (described in Section 8(a)) for capital improvements. The Districts
will also be authorized to impose special assessments through special improvement
districts established under the Special District Act and to collect fees, rates, tolls,
penalties or charges in order to generate additional revenue for the payment of debt
service and operating costs as needed.
The Service District will also collect transfer fees for purposes of administering
the Arts and Entertainment Trust Fund and the Wolcott Environmental Trust Fund.
The anticipated revenue sources are sufficient to retire the Districts' proposed
indebtedness if growth occurs as projected. Variations in assessed valuation projections
or in the phasing of private improvements may affect taxes or the level of fees, rates and
charges upward or downward from those set forth in the Financial Plan.
(f) Operations, Maintenance and Administration.
The Service District will, pursuant to the Inter - District IGA, coordinate and
manage all operations and maintenance functions for all Improvements and the provision
of the Services, the costs of which will increase as property within the Service Area is
developed. The Districts will need sufficient funds to operate and maintain all
Improvements and to provide the Services. In addition, the Districts will incur costs for
various administrative functions, including legal, engineering, accounting and
compliance. At full build -out, an Operating Mill Levy of 20 mills, together with other
legally available revenues, is anticipated to be sufficient to operate the Districts and to
maintain the Improvements and provide the Services. Sales tax revenues may also be
applied to pay operating and maintenance expenses related to street, safety protection and
transportation Improvements and Services.
9. INCLUSIONS / EXCLUSIONS
The Districts' boundaries may be adjusted to accomplish the objectives set forth
herein, and the inclusion or exclusion of property will not constitute a material
modification of this Service Plan. The Districts may include or exclude any property
within the Development into or from one of the other Districts without the prior consent
of the County. It is anticipated that all single family residential property north of I -70
will comprise District No. 2, all single family residential property south of I -70 will
(00272787.DOCx / 6) 15
MiliMI
comprise District No. 4 and all other property (all of the commercial development and
sever 1 associated residential units) will comprise District No 3. No property in the
Deve opment will be included into more than one District, except that the Service:
Distr is boundaries may overlap with the boundaries of one or more Financing
Distr ts.
10. DISSOLUTION / CONSOLIDATION / INACTIVE' STATUS
The Districts may pursue consolidation of their boundaries or dissolution in
accordance with Parts 6 or 7 respectively of the Special District Act. The approval of the
County Commissioners will be required prior to the consolidation of any one of the
Districts with any special district other than a consolidation between or among the
Districts.
If the Final PUD has not been approved by the County by May 1, 2013, the
Districts shall either be put on inactive status pursuant to Section 32 -1 -104, C.R.S., or be
dissolved, with such determination made at the discretion of the Districts' Boards of
Directors. The foregoing Final PUD application deadline may be extended by the County
Mana er.
The Petitions for Organization of the Districts (the "Petitions ") shall be filed with
the E gle County District Court with the following condition: the Orders declaring the
Distri ts organized shall provide that the Districts shall be dissolved if G. Jouflas
Ranc es LLC and CJC Properties Limited Partnership (together, the "Sellers ") have not
both s ld their properties within the Development to the Developer by the Dissolution
Date. {
For purposes of this Service Plan and the Petitions, the "Dissolution Date" is
May 1 2013, provided that such date may be extended by the unanimous written consent
of the eveloper and both Sellers in their sole and absolute discretion.` Further, the
Distri ts may be put on inactive status pursuant to Section 32 -1 -104, C.R.S., with the
unani ous written consent of the Developer and both Sellers in their sole and absolute
discretion, and by appropriate action of the Districts' Boards of Directors.
11. CONCLUSION
This Service Plan establishes that:
1. There is sufficient existing and projected need for organized service in the
area to be served by the Districts;
2. The existing service in the area to be served by the Districts is inadequate
for present and projected needs within the Development;
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3. The Districts are capable of providing economical and sufficient service to
the area within their proposed boundaries;
4. The area to be included in the Districts does have, and will have, the
financial ability to discharge the proposed indebtedness on a reasonable basis;
5. Adequate service is not, and will not be, available to the area through the
County or other existing municipal or quasi- municipal corporations, including existing
special districts, within a reasonable time and on a comparable basis;
6. The facility and service standards of the Districts are compatible with the
facility and service standards of the County;
7. The proposal is in substantial compliance with the County Comprehensive
Plan and the Wolcott Area Community Plan;
8. The proposal is in compliance with any duly adopted County, regional, or
state long -range water quality management plan for the area; and
9. ' The organization of the Districts is in the best interests of the area proposed
to be served. .
•
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