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HomeMy WebLinkAbout 14-41 Cottonwood Hollow Commerical Metro District Second AmendSTATE OF COLORADO ) ) SS: COUNTY OF WELD ) CERTIFICATE OF AUTHENTICITY (2014 Firestone, Colorado Cottonwood Hollow Commercial Metro District Second 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. 1441, 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. Ca Medina Town Clerk aAYi FF y�9 TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE SECOND AMENDMENT TO SERVICE PLAN FOR COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 14-�_ RESOLUTION OF APPROVAL WHEREAS, by Resolution No. 04-45, adopted October 14, 2004, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado (the "Town"), approved the Service Plan for Cottonwood Hollow Commercial Metropolitan District, and the Weld County District Court ordered the organization of said District on December 2, 2004 pursuant to the requirements of the Special District Act; and WHEREAS, by Resolution No. 12-27, adopted October ] 0, 2012, the Board of Trustees of the Town approved the First Amendment to Service Plan for the Cottonwood Hollow Commercial Metropolitan District; the original Service Plan, as amended by the First Amendment, is hereafter referred to as the "Service Plan"; and WHEREAS, pursuant to the Special District Act, there has been filed with the Town a proposed Second Amendment to Service Plan for Cottonwood Hollow Commercial 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 Second Amendment to Service Plan, which hearing was held on June 25, 2014; and WHEREAS, the Board of Trustees has considered the Second 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 Second Amendment to Service Plan for Cottonwood Hollow Commercial 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 Cottonwood Hollow Commercial Metropolitan District (the "District") and Del Camino East Properties, LLC, a Colorado limited liability 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 Second Amendment to Service Plan for Cottonwood Hollow Commercial Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner 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 Second 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 324-202(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 Second Amendment to Service Plan, the representations by and on behalf of the District and 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 Second 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 condition upon its approval of the Second Amendment to Service Plan: 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 modification of the Service Plan approved herein. If the foregoing condition is not met, the Town may revoke its approval of the Second Amendment to Service Plan by subsequent resolution and/or pursue all legal and equitable remedies available to it for failure of compliance with such condition of approval. Section 5. That the Second Amendment to Service Plan for Cottonwood Hollow Commercial Metropolitan District, as set forth in Exhibit A to this Resolution and dated September June 20, 2014, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(1)(c), 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 25th day of June, 2014. (S E A L) ° 1 04 1 ATTEST: e Canssa Medina Town Clerk 3 TOWN OF FIRESTONE, COLORADO i '. °i i° f h i � i . , i� °. IN THE TOWN OF FIRESTONE, COLORADO Submittal Date: June 20, 2014 INTRODUCTION This Second Amendment to Service Plan (the "Second Amendment") for Cottonwood Hollow Commercial Metropolitan District (the "District") is proposed to: A. restate and replace certain provisions in portions of Section V: Parts b and B. define the property included within the boundaries of the proposed special improvement district. This Second Amendment is submitted pursuant to §§ 32-1-201, et seq., C.R.S., as amended, (the "Special District Act"), and the requirements of the Town. The District is aquasi-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 October 14, 2004 and approved the First Amendment to Service Plan on December 12, 2012 (collectively, the "Service Plan") and the Weld County District Court ordered the organization of the District on December 2, 2004 pursuant to the requirements of the Special District Act. I. PURPOSE OF SECOND AMENDMENT The purpose of the Second Amendment is to clarify in the Service Plan the District's ability to exercise the powers granted by § 32-1-1101.7, C.R.S., to establish a special improvement district within the boundaries of the District, to levy special assessments and to allow for the issuance of special assessment bonds by the District. This change will not result in an increase in the previously approved debt limit. -1- II. NEW FINANCING PLAN LANGUAGE The following language restates and replaces Part b of Section V of the Service Plan in its entirety: "b. Debt Issuance. The District intends to issue two (2) series of bonds, the Assessment Bonds and GO Bonds. The agtnegate principal amount of all special assessment bonds, general obligation bonds and all other forms of borrowing by the District, throughout the District's existence and regardless of subsequent payments and discharges, shall be limited to a total of Five Million, Seven Hundred Ninety -Two Thousand Dollars ($5,792,000.00) (the "Debt Limit"); except to the extent otherwise provided in Article V.g. with respect to refunding bonds and in Article V.h. with respect to construction financing notes (i.e., notes or other financial obligations, if any, issued by the District to the Developer to evidence the District's obligation to repay the Developer's advances for construction costs). The Assessment Bonds will be issued in an amount that is serviceable from the imposition of an annual special assessment not to exceed Seven Thousand, Seven Hundred Seventy Four Dollars and Eight Cents ($7,774.08) per acre of property assessed, at such time as the special improvement district has been established and the special assessment has been imposed on property located within the special improvement district. Further, the Assessment Bonds shall not be issued until there is an approved and recorded final development plan for the development served by Sable Avenue or Arbor Street. The proceeds of the Assessment Bonds will be used solely for improvements related to -2- Sable Avenue and/or Arbor Street and will not be used for acquisition of right -of --way property. The GO Bonds will be issued in the approximate amount of One Million, Nine Hundred Sixty -Five Thousand Dollars ($1,965,000.00), at such time as one hundred ten thousand (I10,000) commercial square footage (representing, together with undeveloped land in the District, a total of approximately Four Million, Six Hundred Sixty -Three Thousand, Four Hundred Sixty -One Dollars ($4,663,461.00) in assessed valuation) have received building permits and all public improvements servicing such commercial development have been completed and accepted by the Town, all of which is anticipated to occur as shown in Exhibit G. The Developer expects that sales of such GO Bonds (to financial institutions or institutional investors as further provided below) would be made on the basis that, builder activity having commenced within the District (as demonstrated by the development levels required by the immediately preceding sentence), there is a reasonable likelihood that projected future development will occur and will result in increased assessed valuation levels to support payment of such GO Bonds." The following language restates and replaces the first sentence of the first paragraph of Part i of Section V of the Service Plan in its entirety: "The special improvement district the District will establish will include all property located within the boundaries of the District owned by the Developer (16.679 acres), excluding rights of way and excluding property owned by First National Bank of Omaha, N.A. (the "Bank'") (24.96 acres) and it is projected that the District will impose a -3- special assessment in an amount not to exceed Seven Thousand, Seven Hundred Seventy Four Dollars and Eight Cents ($7,774.08) per acre of property assessed for the term of the Assessment Bonds, which is expected to be twenty (20) years. Future expansion of the boundaries of the special improvement district to include property currently owned by the Bank, if and when the Bank is no longer the owner of its property, shall occur only after petition for the inclusion by the owners) of the property proposed to be included and proceedings pursuant to the statutory procedures set forth in C.R.S. § 31-25-618, as it may be amended, including notice to the subsequent owners) of any proposed inclusion; the opportunity for the owners) of the property proposed to be included to petition the Board to request inclusion or exclusion; and a subsequent hearing by the Board of the petition and all objections thereto. If the then current owner of such property does not petition for inclusion, the boundaries of the special improvement district shall not change to include such property and such property shall continue to be excluded from boundaries of the special improvement district." III. EFFECT OF SECOND AMENDMENT The Second Amendment of Service Plan is in addition to all of the provisions of the Service Plan. Except as specifically modified herein, the Service Plan of the District remains effective. IV. RESOLUTION OF APPROVAL The District incorporates the Town Board of Trustees' Resolution approving this Second Amendment, including any conditions of approval. -4-