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HomeMy WebLinkAbout 14-39 Mountain Shadows Metro District First AmendmentSTATE OF COLORADO ) SS: COUNTY OF WELD ) CERTIFICATE OF AUTHENTICITY (2014 Firestone, Colorado Mountain Shadows Metro District First Amendment) I, Larissa Medina, Town Clerk, in and for said Town of Firestone, in the County of Weld, in the State aforesaid, do hereby certify that the attached is a true and correct copy of Resolution No. 14-39, adopted by the Firestone Town Board of Trustees of the Town of Firestone, on the 25th day of June, 2014. In witness whereof, I have hereunto set my hand and the seal of the Town of Firestone, this 26th day of June 2014. Town Clerk TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO 1N RE THE FIRST AMENDMENT TO SERVICE PLAN FOR MOUNTAIN SHADOWS METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, COLORADO RESOLUTION NO. 14- RESOLUTION OF APPROVAL WHEREAS, by Resolution No. 13-52, adopted December 11, 2013, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado (the "Town"), approved the Service Plan for Mountain Shadows Metropolitan District, and the Weld County District Court ordered the organization of said District on May 7, 2014 pursuant to the requirements of the Special District Act; and WHEREAS, pursuant to the Special District Act, there has been filed with the Town a proposed First Amendment to Service Plan for Mountain Shadows Metropolitan District; and WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the Town, following due notice, held a public hearing on the proposed First Amendment to Service Plan, which hearing was held on June 25, 2014, and WHEREAS, the Board of Trustees has considered the First Amendment to Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the First Amendment to Service Plan for Mountain Shadows Metropolitan District should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1- 204.5(1)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of the Mountain Shadows Metropolitan District (the "District") and MSP Corporation, a Colorado corporation, (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed First Amendment to Service Plan for Mountain Shadows Metropolitan District have been fulfilled and that notice of the hearing was given in the time and mamier required by the Town. Section 2. That, based on representations by and on behalf of the District and Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the proposed First Amendment to Service Plan pursuant to Title 32, Article 1, part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1-207, C.R.S., Section 32-1-204.5, C.R.S., Section 32-1- 202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the Service Plan as amended by the First Amendment to Service Plan, the representations by and on behalf of the Developer, and other evidence presented at the public hearing, that: (a) There is sufficient existing and projected need for organized service in the areas to be serviced by the District; (b) The existing service in the areas to be served by the District is inadequate for present and projected needs; (c) The District is capable of providing economical and sufficient service to the area within its boundaries; (d) The area in the District districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The approval of the First Amendment to Service Plan is in the best interests of the District. Section 4. That pursuant to Section 32-1-204.5(1)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the First Amendment to Service Plan, (a) At its first meeting after the effective date of this Resolution and in no event later than September 1, 2014, and also prior to the issuance of any District Bonds, developer bonds, or construction financing notes, the Board of Directors of the District shall execute the First Amendment to Intergovernmental Agreement with the Town ("First Amendment to IGA") in the form presented to the Town Board of Trustees at its June 25, 2014 hearing, or in form otherwise acceptable to the Town Attorney, and shall deliver the fully executed original of the First Amendment to IGA to the Town. (b) That pursuant to the Service Plan, the District will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with the processing of the First Amendment to Service Plan approved herein. If any of the above -stated conditions are not met, the Town may revoke its approval of the First Amendment to Service Plan by subsequent resolution and/or pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the First Amendment to Service Plan for Mountain Shadows Metropolitan District, as set forth in Exhibit A to this Resolution and dated June 25, 2014, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(1)(e), C.R.S." Section 6. That a certified copy of this Resolution be filed in the records of the Town of Firestone and submitted to the District. RESOLVED, ADOPTED AND APPROVED this Zeday of {(1Q.. , 2014. SEAL � �r 1 r'�t 1 xi 1 �r :' •,� ', IN THE TOWN OF FIRESTONE, COLORADO S'uixnitt<il Date: May27, 2014 INTRODUCTION This First Amendment to the Service Plan (the "First Amendment") for Mountain Shadows Metropolitan District (the "District") is to restate and replace portions of Section V: at b ("Debt Issuance") and Part c ("Required Transfers of Capital Improvement Funds to Town"). This First Amendment is submitted pursuant to §§ 32-1-201, et seq., C.R.S., as amended, (the "Special District Control Act"), and the requirements of the Town. The District is a quasi - municipal corporation and political subdivision of the State of Colorado. The Town of Firestone, Colorado (the "Town") approved the Service Plan for the District on December 11, 2013 (the "Service Plan") pursuant to Resolution 13-52 and the Weld County District Court ordered the organization of the District on May 7, 2014 pursuant to the requirements of the Special District Control Act. I. PURPOSE OF FIRST AMENDMENT The purpose of the First Amendment is to allow for the issuance of a first set of Developer Bonds since the first phase of the development has been completed and Conditional Acceptance by the Town has been received. The remainder of the District Bonds shall be allowed to be issued after completion and Conditional Acceptance by the Town of all of the public improvements required to service the property within the District and the Mountain Shadows Subdivision Filing No. 2. This change will not result in an increase in the previously approved debt limit or change any of the other terms of the Service Plan. II. NEW FINANCING PLAN LANGUAGE The following language restates and replaces the first paragraph of Part b of Section V of the Service Plan in its entirety: "b. Debt Issuance. The District shall be allowed to issue the first series of Developer bonds in the aggregate principal amount not to exceed Five Hundred Thousand Dollars ($500,000) after approval of the First Amendment to the Service Plan and completion and Cononal Acceptance by the Town of the first phase of development within the District and Mountain Shadows Subdivision Filing No. 2. Additional District Bonds may be issued only after the completion of construction and Conditional Acceptance by the Town of all of the remaining public improvements required to service the Property within the District and Mountain Shadows Subdivision Filing No. 2. Additional District Bonds may be issued in the future consistent with and in compliance with the Service Plan as amended, Town Code and applicable law, but not in excess of the debt limitation as authorized by the Service Plan." The following language restates and replaces the first sentence of subparagraph ii of Part b of Section V of the Service Plan in its entirety: "(ii} Developer Bonds. The District shall be allowed to issue developer bonds after formation of the District in the aggregate principal amount not to exceed Five Hundred Thousand Dollars (C500,000) as the first phase of development within the District and Mountain Shadows Subdivision Filing No. 2 has already been completed and received Condition Acceptance from the Town. The remainder of the District Bonds authorized by the Service Plan will be permitted to be issued only after the remaining public improvements required to service the property within the District for the Mountain Shadows Subdivision Filing No. 2 are constructed in accordance with the approved development plans for Filing No. 2 and have received Conditional Acceptance by the Town." The following language restates and replaces Part c of Section V of the Service Plan in its entirety: 2 " c. Required Transfer of Capital Improvement Funds to the Town. The District will pay to the Town for deposit into the Town's capital improvement fund a total of Four Hundred Thirty -Five Thousand Dollars ($435,000), which shall be paid to the Town in two payments as a condition of the issuance and delivery of the first and second series of District Bonds, including developer bonds, or the issuance of a�iy construction financing notes to the Developer as follows: The transfer of capital improvement funds totaling Seventy -Five Thousand Dollars ($75,000) shall be paid. by the District to the Town at the earliest of the issuance of the first series of any District Bonds, including developer bonds, or the issuance of any construction financing notes or December 31, 2014. The transfer of capital improvement funds totaling Three Hundred Sixty Thousand Dollars ($360,000) shall be paid by the District to the Town at the earliest of the issuance of the second series of District Bonds, including developer bonds, or the issuance of any construction financing notes or December• 31, 2015 (after Conditional Acceptance of construction for the remainder of Filing No. 2). Notwithstanding anything in this Service Plan to the contrary, the deadline set forth for bond issuance may be extended for all periods of delay caused by events that are beyond the reasonable control of the District, including, without limitation, limited availability of materials and labor, unusually adverse weather conditions, acts of God, acts of war, acts of terrorism, or delays in issuing approvals or permits by any Governmental Agency. Such delays will not affect the timing of transfer of capital improvements funds to the Town, which payments shall be made by the above stated deadlines. With Town approval, such contribution may alternatively be paid by the Developer or its successor and assigns to the Town but, in such case the Town and the Developer, its successor or assigns will amend the subdivision improvement agreement for Mountain Shadows Subdivision Filing No. 2 to provide that this Town contribution shall be paid to the Town's capital improvement fund directly by the Developer, or its successor or assigns prior to the issuance of any District bonds, including developer bonds, or any construction 3 financing notes to Developer. The contribution to the Town capital improvement fund shall be used by the Town to finance improvements (whether inside or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness (i.e., streets, street lighting, traffic safety controls, sanitary sewer, water, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District. The District acknowledges that the foregoing provisions for payment of this contribution to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of the Town's approval of this Service Plan, as amended, and the Town has relied thereon in approving this Service Plan, as amended. The District shall not issue District Bonds, including developer bonds, or any construction financing notes to Developer, without there having been delivered to the Town concurrently with or prior to such issuance capital improvement contribution funds totaling Four Hundred Thirty -Five Thousand Dollars ($435,000), paid in two payments as set forth above, and such delivery to the Town of funds concurrently with or prior to such issuance shall be a condition of issuance for such District Bonds, including developer bonds, or any constnuction financI ng notes to Developer. Further, the District shall not be authorized to incur any financial obligations of any kind or perform any other functions authorized under this Service Plan until the governing body of the District, upon formation thereof; has executed: (1) the intergovertunental agreement provided for in Article XIII and Exhibit L, with such amendments as the parties may mutually agree, stating its agreement to comply with the provisions of this Article V.c.; and (2) the District indemnity letter provided for in Part II of Exhibit I." III. EFFECT OF FIRST AMENDMENT The First Amendment of Service Plan is in addition to all of the provisions of the Service Plan. Except as specifically moed herein, the Service Plan of the District remains effective. IV. RESOLUTION OF APPROVAL The District incorporates the Town Board of Trustees' Resolution approving this First Amendment, including any conditions of approval. DUFFORD &BROWN, P.C. By: David S. O'Leary Counsel to Mountain Shadows Metropolitan District 5