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HomeMy WebLinkAbout 13-09 Neighbors Point 1st Amendment Service PlanTOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE FIRST AMENDMENT TO SERVICE PLAN FOR NEIGHBORS POINT METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 13- v I RESOLUTION OF APPROVAL WHEREAS, by Resolution No. 04-44, adopted October 7, 2004, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado (the "Town"), approved the Service Plan for Neighbors Point 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, pursuant to the Special District Act, there has been filed with the Town a proposed First Amendment to Service Plan for Neighbors Point 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 February 27, 2013; 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 Neighbors Point Metropolitan District should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 324-204.5(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 Neighbors Point Metropolitan District (the "District") and I & J Partnership, a California limited partnership and MSP Corporation, a Colorado corporation, (collectively, the "Developers"), 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 Neighbors Point 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 Developers, 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 32A1 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 District and Developers, 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 May 1, 2013, 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 February 27, 2013 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 modification of the 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 Neighbors Point Metropolitan Dishict, as set forth in Exhibit A to this Resolution and dated February 27, 2013, 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 27th day of February, 2013. TOWN OF FIRESTONE, COLORADO (SEAL) d� ATTEST: Chad Auer A� i Mayor I Rebecca Toberman Town Clerk FIRST AMENDMENT TO SERVICE PLAN FOR NEIGHBORS POINT METROPOLITAN DISTRICT IN THE TOWN OF FIRESTONE, COLORADO Submittal Date: February 27, 2013 INTRODUCTION This First Amendment to Service Plan (the "First Amendment") for Neighbors Point Metropolitan District (the "District") is proposed to: A. restate and replace Article III (entitled, `Boundaries, Population & Valuation"), incorporating an updated legal description of the District, attached hereto and incorporated herein as Exhibit A, an updated boundary map of the District, attached hereto and incorporated herein as Exhibit B, and an updated vicinity map, attached hereto and incorporated herein as Exhibit C, as well as incorporating the District's Resolution and Order for Exclusion, dated November 5, 2012 (the "Exclusion Resolution"), attached hereto and incorporated herein as Exhibit D. B. restate and replace Article IV, Part c, entitled, "Anticipated Development." C. restate and replace the following portions of Article V: Parts a ("General"), b ("Debt Issuance"), c ("Required Transfers of Bond Proceeds to Town"), d ("Other Financial Restrictions, Limitations and Requirements") and i ("Identification of District Revenue"); and D. replace the original Financial Plan of the Service Plan with the Financial Plan, attached hereto and incorporated herein as Exhibit E; and E. revise the date stated in Article VIII after which the Town shall have the right to require the District to dissolve. 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 of Firestone, Colorado (the "Town") as set forth in the Service Plan. -1- The District is a quasi -municipal corporation and political subdivision of the State of Colorado. The Town approved the Service Plan for the District on October 6, 2004 (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 Control Act. L PURPOSE OF FIRST AMENDMENT MSP Corporation ("MSP"), which is the owner of the property contained within Filings 1, 2 and 5 of Neighbors Point Subdivision, excluding public property (the "MSP Property"), has sought the exclusion of the MSP Property from the boundaries of the District. Pursuant to Article III of the Service Plan, no changes in the boundaries of the District shall be made, unless the prior written approval of the Town Board of Trustees has been obtained as part of a Service Plan modification, as provided therein. The purpose of the First Amendment is, first, to set forth in the Service Plan that the Town approves the exclusion of the MSP Property from the boundaries of the District. Additionally, this First Amendment proposes a revised financial plan that reflects the development assumptions of the property remaining within the District's boundaries after the exclusion of the MSP Property and modifies the debt limitations and expected bond issuances of the District. All assumptions contained within this First Amendment assume that the exclusion of the MSP Property has been approved by the Town. -2- II. NEW LANGUAGE FOR SECTION III OF SERVICE PLAN The following language restates and replaces Article III of the Service Plan in its entirety: "III. BOUNDARIES, POPULATION & VALUATION The District, as originally organized, consisted of approximately One Hundred and Ninety -One (191) acres located entirely within the boundaries of the Town. The District, upon the exclusion of the MSP Property, as detailed in Article III.a, below, shall consist of approximately Ninety -Five (95) acres, more or less, located entirely within the boundaries of the Town, as more particularly set forth in the legal description attached hereto as Exhibit A and as shown on the boundary map, attached hereto as Exhibit B, and the viciniTy map, attached hereto as Exhibit C. The petitioner, also the Developer of the District property, has received the consents of the property owners to the formation of this District, which consents, for the owners of all property to be located within the District, are attached hereto as Exhibit D and incorporated herein by this reference. a. Exclusion of MSP Property. On November 5, 2012, the Board of Directors of the District (the `Board") noticed and held a public hearing to consider a petition for exclusion of certain property located within the District's boundaries that MSP Corporation ("MSP") submitted to the District. Excepting public property, MSP is the owner of the property described as Filings 1, 2 and 5 of the Neighbors Point subdivision, which represents approximately Ninety -Six and One Hundred and Fifty -Four Thousandths of One (96.154) acres, more or less, and One Hundred and Fifty -Eight (158) single family lots (the "MSP Property"). After discussion and consideration, the Board approved a Resolution and Order of -3- exclusion of the MSP Property from the District's boundaries, subject to the District obtaining the written approval of the Town Board of Trustees of the exclusion of the MSP Property from the District boundaries (as approved by the Board, the "Exclusion Resolution"). b. Development Assumptions. Upon the exclusion of the MSP Property, a portion of the Neighbors Point subdivision remaining within the boundaries of the District will be developed for approximately Two Hundred and Seventy -One (271) single-family homes by I & J Partnership, L.P. The current population of the District is zero. The population of the District at fill build -out is estimated to be Seven Hrmdred and Eighty -Six (786) people, subject to development approval by the Town. It is acknowledged that Town development standards and requirements may affect the foregoing numbers of anticipated homes and population. The estimated assessed value at full build -out is Six Million, Eighty -Six Thousand, Seven Hundred and Ninety -Two Dollars ($6,086,792.00). The property is currently zoned PUD-RA, for various residential use categories. The 2012 assessed value of the property located within the District is approximately Eight Hundred and Forty Thousand, Two Hundred and Ninety Dollars ($840,290.00). The total overlapping mill levy imposed upon the property within the District for tax collection year 2011 was One Hundred and Forty and One Hundred and Thirty -Five Thousandths of One (140.135) mills. c. Chances in District Boundaries, The District shall be required to obtain written approval from the Town of a Service Plan modification prior to any inclusion or exclusion of property to or from the -4- District, or any other change in its boundaries. Any such approval may be granted or denied by resolution of the Board of Trustees, in its discretion. Any inclusion may be on the condition that all property in the District at the time of such inclusion remains in the District, and upon such other conditions as the Town may impose. Any exclusion may be on the condition that there is no detriment to the remaining residents and taxpayers within the District, or to the District's bondholders, and on such other conditions as the Town may impose. No changes in the boundaries of the District shall be made, unless the prior written approval of the Board of Trustees has been obtained as part of a Service Plan modification, as provided herein. Notwithstanding the foregoing, the Town expressly authorizes and approves the exclusion of the MSP Property from the boundaries of the District, as further described in the Exclusion Resolution." III. NEW LANGUAGE FOR ARTICLE IV, PART C OF THE SERVICE PLAN The following language restates and replaces Article IV, Part (c) of the Service Plan in its entirety: "c. Anticinated Develoament. The Developer anticipates total build -out to occur by 2021, with the construction of Thirty -Two (32) single family residences per year in 2013 through 2020 and Fifteen (15) single family residences in 2021, subject to final design and development approval by the Town. It is acknowledged by the Developer that Town development standards and requirements may affect the foregoing numbers of anticipated homes and the foregoing anticipated build -out schedule." -5- IV. NEW FINANCIAL PLAN LANGUAGE A. The following language restates and replaces Article V, Part (a) of the Service Plan in its entirety: "a. General. The provision of improvements and facilities by the proposed District will be financed through the issuance of general obligation bonds (the "Bonds"), secured by the ad 17alorem taxing authority of the proposed District and other District revenues, limited as discussed below. The Financing Plan anticipates the issuance of two (2) series of Bonds in 2015 and 2020. The term of any Bonds issued by the District shall not exceed thirty (30) years. The combined total estimated cost of the public improvements needed for the entire development contained within the original boundaries of the District is Six Million, Seven Hundred and Thirty -Eight Thousand, Three Hundred and Twenty -Three Dollars and Seventy -Seven Cents ($6,738,323.77); the District will be financing a portion of such amount related to the development of the property remaining in the District after the exclusion of the MSP Property. The District has the capacity to issue general obligation bonds in the aggregate principal amount of approximately Two Million, Nine Hundred Thousand Dollars ($2,900,000.00), projected to yield net bond proceeds of approximately Two Million, Five Hundred and Thirty -Five Thousand Dollars ($2,535,000.00) (which will be further reduced by the District's contribution of Five Hundred and Fourteen Thousand, Six Hundred and Twenty -Nine Dollars ($514,629.00) to the Town as provided in Article V.c., below). -6- Accordingly, it is currently anticipated that the bond proceeds will be insufficient to allow for repayment of approximately Three Million, Eight Hundred and Thirty -Eight Thousand, Three Hundred and Twenty -Three Dollars and Seventy -Seven Cents ($3,838,323.77), which will be contributed by the Developer or other third -party developers, or may otherwise be financed by one or more separate metropolitan district(s); however, if the financing capability of the District changes and will permit repayment in the future (due to higher than anticipated assessed values, lower interest rates or any other circumstance), the District may agree to repay the Developer for unreimbursed public infrastructure costs so long as the District has the capacity to make such payments without exceeding the debt limit or Mill Levy Limit provided in this Service Plan and subject to all other requirements of Article V.h., below. Payments made to the Developer by the District are expected to made principally from Bond proceeds and shall not exceed the amount advanced by the Developer for capital costs of District public improvements. The Accountant's Forecasted Cash Surphrs Balance and Cash Receipts and Disbursements in Exhibit G do not include the above -described Developer contribution to the costs of public improvements." B. The following language restates and replaces Article V, Part (b) of the Service Plan in its entirety: "b. Debt Issuance. The District intends to issue two (2) series of general obligation bonds in the aggregate principal amount of approximately Two Million, Nine Hundred Thousand Dollars ($2,900,000.00). The aggregate principal amount of all 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 Three -7- Million, One Hundred and Ninety Thousand Dollars ($3,190,000) (the "debt limit"); except to the extent otherwise provided in Article V.g, below, with respect to refunding bonds and in Article V.h, below, 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 first series of general obligation bonds will be issued in the approximate amount of One Million, Two Hrmdred and Fifty Thousand Dollars ($1,250,000.00), at such time as at least Ninety -Six (96) homes (representing, together with undeveloped land in the District, a total of approximately One Million, Nine Hundred and Eighty - Three Thousand, Six Hundred and Sixty -Seven Dollars ($1,983,667.00) in assessed valuation) have received building permits and all necessary public improvements serving such homes have been completed and preliminarily accepted by the Town ("Development Threshold I"). The Developer expects that sales of such first series of general obligation 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 bonds. The second series of general obligation bonds will be issued in the approximate amount of One Million, Six Hundred and Fifty Thousand Dollars ($1,650,000.00), at such time as certificates of occupancy have been issued for at least Two Hundred and Fifty -Six (256) residential units (representing, together with undeveloped land in the District, a total of approximately Five Million, Seven Hundred -8- and Forty -Five Thousand, Nine Hundred and Twelve Dollars ($5,745,912.00) in assessed valuation), and Fifteen (15) remaining residential units have received building permits (representing, together with the Two Hundred and Fifty -Six (256) units that have received certificates of occupancy and together with undeveloped land in the District, a total assessed value of approximately Five Million, Eight Hundred and Fifty -One Thousand, Nine Hundred and Seven Dollars ($5,851,907.00), and all necessary public improvements serving such residential development have been completed and preliminarily accepted by the Town ("Development Threshold 11"). Collectively, Development Threshold I and Development Threshold II shall be referred to herein as the "Development Thresholds." As set forth in Exhibit H, the District's Financial Advisor has indicated that issuance of certificates of occupancy and building permits are generally accepted lending criteria for special district debt, and that accordingly, the above - described Development Thresholds will evidence sufficient development activity within the District to support repayment of the corresponding debt." C. The following language restates and replaces Article V, Part (c) of the Service Plan in its entirety: "c. Required Transfers of Bond Proceeds to Town. The District will pay to the Town for deposit into the Town's capital improvements fund a total of Five Hundred and Foruteen Thousand, Six Hundred and Twenty -Nine Dollars ($514,629.00) of the District's total net bond proceeds, forty-two percent (42%) of which shall be paid to the Town upon the issuance and delivery of the first series of Bonds, which is anticipated to occur in 2015, and fifty-eight percent (58%) -9- of which shall be paid to the Town upon the issuance and delivery of the second series of Bonds, which is anticipated to occur in 2020. Pursuant to an agreement to be executed between the Town and the District, the funds so paid to the Town 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, water, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District and shall be specifically identified in an amendment to the intergovernmental agreement between the Town and the District, which amendment shall be fully executed prior to the issuance of any District bonds. The Developer of the District acknowledges that the foregoing provisions for allocation of bond proceeds 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, and the Town has relied thereon in approving this Service Plan. The District shall not issue bonds without including in such issuance the concurrent allocation and delivery to the Town of the funds required by this Article V.c., and such delivery of funds to the Town shall be a condition of closing for the Bonds. 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 intergovernmental agreement provided for in Article XIII and Exhibit N, with such amendments as the parties may mutually agree, -10- 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 K." D. The following language restates and replaces Article V, Part (d) of the Service Plan in its entirety: "d. Other Financial Restrictions, Limitations and Requirements. The District shall request voter authorization for such amount of general obligation debt as the District deems sufficient to allow for allocation of the amounts deposited in the Town's capital improvements fund (as described in Article V.c., above) among the District's powers, unforeseen contingencies, increases in construction costs due to inflation and all costs of issuance, including capitalized interest, reserve funds, discounts, legal fees and other incidental costs of issuance; provided, however, that the amount of general obligation debt (together with construction financing notes) actually issued by the District shall not exceed the debt limit of Three Million, One Hundred and Ninety Thousand Dollars ($3,190,000.00) as stated in Article V.b., above. All bonds of the District will be sold for cash. The authorized maximum voted interest rate is Fifteen percent (15%) per annum and the maximum underwriting discount is Four percent (4%) of bond principal. The actual interest rates and discounts, within such maximum voted amounts, will be determined at the time the bonds are sold by the District and will reflect market conditions at the time of sale; provided, however, that the actual interest rate shall not exceed Three Hundred (300) basis points above the Thirty (30) year `AAA' Municipal Market Data rate in effect at the time the bonds are sold. -11- Estimated interest rates used in Exhibit G are based on information furnished by underwriters identified in Exhibit H. In the event bonds are issued at an interest rate higher than the estimated rates used in Exhibit G, the principal amount of Bonds will be reduced so as to result in total debt service payments approximately equal to those projected in Exhibit G, and so that debt service on the bonds can be paid from the revenue sources contemplated in this Service Plan. If actual increases in District assessed valuation are less than the projected increases for those factors as shown in the Exhibit G forecasts, it is expected that the District would compensate by increasing its mill levy (subject to the Limited Mill Levy) or reducing the principal amount of the bonds issued. The Developer acknowledges and accepts the risk that, if all or a part of the general obligation bonds proposed to be issued by the District are not issued, because of changes in financial conditions or for any other reason, the Developer may not be paid or reimbursed for the cost of public improvements or other advances to the District. No bonds issued by the District shall provide for acceleration as a remedy upon default, unless the District has received the prior written administrative approval of the Town, which approval may be granted only by the Town Administrator or the Board of Trustees. Except as provided below, with respect to notes issued to the Developer for construction financing, this Service Plan authorizes only the issuance of general obligation bonds and only within the above stated limits, and subject to the provisions as to the Limited Mill Levy as set forth below. The District may be authorized to issue revenue bonds, certificates, debentures or other evidences of indebtedness or to enter into lease -purchase transactions, only upon approval of an amendment to this Service Plan, and such an amendment shall be considered a material modification of the Service Plan. -12- The District is not authorized to impose any development fees or user charges as part of this Service Plan. The District is not authorized to impose any taxes other than ad valorem property taxes as provided in this Service an. The District may be authorized to impose such fees, user charges or taxes only upon the prior written approval of the Board of Trustees. All bonds of the District shall be structured utilizing a commercial bank with bust powers as trustee to hold the bond proceeds and debt service funds and to pursue remedies on behalf of the bondholders. Any bonds issued by the District pursuant to this Service Plan shall be in compliance with all applicable legal requirements, including without limitation § 32-1- 1101(6), C.R.S., and article 59 of title 11, C.R.S., and shall be approved by nationally recognized bond counsel. An opinion shall also be obtained from bond counsel or counsel to the District that the bonds comply with all requirements of this Service Plan." E. The following language restates and replaces Article V, Part (i) of the Service Plan in its entirety: "i. Identification of District Revenue. The District will impose a mill levy on all taxable property in the District as the primary source of revenue for repayment of debt service and for operations and maintenance. The mill levy imposed by the District for debt service purposes shall not exceed Fifty (50.000) mills, and the mill levy for administration, warranty maintenance and other operating expenses shall not exceed Six (6.000) mills, except for Gallagher adjustments permitted under Article V.e., above. Although the mill levy imposed may vary depending on the phasing of facilities anticipated to be funded, it is estimated that a -11- mill levy of Forty (40.000) mills will produce revenue sufficient to support debt service and administration, warranty maintenance and other operating expenses throughout the repayment period." V. REVISION TO ARTICLE VIII The last sentence of the second paragraph of Article VIII of the Service Plan is hereby amended in its entirety to read as follows: "Also, on or after December 31, 2016, if the District has not issued any of its Bonds, the Town shall have the right to require the District to dissolve in accordance with applicable law, and the District will cooperate frilly with the Town to dissolve the District." VI. 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 modified herein, the Service Plan of the District remains effective. VII. RESOLUTION OF APPROVAL The District incorporates the Town Board of Trustees' Resolution approving this First Amendment, including any conditions of approval. -14- Exhibit A Updated Legal Description PARCEL 1: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12 AND THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 53042518" EAST, A DISTANCE OF 2259,21 FEET TO THE POINT OF BEGINNING; THENCE NORTH 34011100" WEST, A DISTANCE OF 142.04 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 103046'4311, AN ARC DISTANCE OF 79.70 FEET (CHORD BEARS NORTH 24046'24" WEST, 69.24 FEET); THENCE NORTH 34°27158" WEST, A DISTANCE OF 269.47 FEET; THENCE NORTH 23°20116" EAST, A DISTANCE OF 39.01 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 99°13'4611, AN ARC DISTANCE OF 76.20 FEET (CHORD BEARS NORTH 03054139" WEST, 67.03 FEET); THENCE NORTH 31057102" WEST, A DISTANCE OF 138.60 FEET; THENCE NORTH 13056145" WEST, A DISTANCE OF 142.80 FEET; THENCE NORTH 28056'38" EAST, A DISTANCE OF 20.22 FEET; THENCE ALONG THE ARC OF ANON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 73°43231 AN ARC DISTANCE OF 56.62 FEET (CHORD BEARS NORTH 11003130" WEST, 52.79 FEET); THENCE NORTH 51003137" WEST, A DISTANCE OF 26.25 FEET, THENCE NORTH 17*54146" WEST, A DISTANCE OF 138.43 FEET; THENCE NORTH 86037126" WEST, A DISTANCE OF 117.46 FEET; THENCE NORTH 00000154" EAST, A DISTANCE OF 97.14 FEET; THENCE NORTH 47058'58" EAST, A DISTANCE OF 59.33 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 31059'06", AN ARC DISTANCE OF 24.56 FEET (CHORD BEARS NORTH 14042153" WEST, 24.24 FEET) THENCE NORTH 61*40138" WEST, A DISTANCE OF 65.90 FEET; THENCE NORTH 1200076" WEST, A DISTANCE OF 32.59 FEET; THENCE NORTH 00001157" EAST, A DISTANCE OF 113.66 FEET; THENCE ALONG THE NORTH LINE OF SAID SW 1/4 OF SECTION 12, SOUTH 89058103" EAST, A DISTANCE OF 1297,99 FEET; THENCE SOUTH 11010157" WEST, A DISTANCE OF 108.23 FEET; THENCE SOUTH 10032107" EAST, A DISTANCE OF 142.43 FEET; THENCE SOUTH 50023'30" WEST, A DISTANCE OF 204.82 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 523.00 FEET AND A CENTRAL ANGLE OF 09056'52", AN ARC DISTANCE OF 90.80 FEET (CHORD BEARS SOUTH 34038104" EAST, 90.69 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 9502114111, AN ARC DISTANCE OF 33.29 FEET (CHORD BEARS SOUTH 18001'13" WEST, 29.58 FEET); -15- THENCE SOUTH 65042103/E WE A DISTANCE OF 53.69 FEET; THENCE SOUTH 24017157/E EAST, A DISTANCE OF 54.00 FEET, THENCE SOUTH 11000106/E EAST, A DISTANCE OF 77.68 FEET; THENCE SOUTH 1100414411 WEST, A DISTANCE OF 53.68 FEET; THENCE SOUTH 27059105/1 WEST, A DISTANCE OF 82.46 FEET; THENCE SOUTH 3700514311 WEST, A DISTANCE OF 81.48 FEET; THENCE SOUTH 17*2014011 EAST, A DISTANCE OF 68.10 FEET; THENCE SOUTH 08011124/1 EAST, A DISTANCE OF 131.34 FEET; THENCE SOUTH 8503015911 WEST, A DISTANCE OF 78.12 FEET; THENCE SOUTH 7102415111 WEST, A DISTANCE OF 102.80 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 373.00 FEET AND A CENTRAL ANGLE OF 01030'4216, AN ARC DISTANCE OF 9.84 FEET (CHORD BEARS NORTH 19020130/1 WEST, 9.84 FEET); THENCE SOUTH 60010157/6 WEST, A DISTANCE OF 139.73 FEET.' THENCE SOUTH 56025146" WEST, A DISTANCE OF 65.00 FEET, THENCE SOUTH 4904015511 WEST, A DISTANCE OF 141.59 FEET; THENCE SOUTH 46057117/E WEST, A DISTANCE OF 121.94 TO THE POINT OF BEGINNING; PARCEL 2: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE SOUTH 8903112511 EAST, A DISTANCE OF 1496.63 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00028'35" EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 51020112" EAST, A DISTANCE OF 55.94 FEET; THENCE NORTH 12041120" EAST, A DISTANCE OF 75.28 FEET; THENCE NORTH 0702112611 EAST, A DISTANCE OF 46.14 FEET; THENCE NORTH 0002813511 EAST, A DISTANCE OF 106.46 FEET; THENCE NORTH 1303012911 WEST, A DISTANCE OF 54.01 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 415.00 FEET AND A CENTRAL ANGLE OF 07051'49", AN ARC DISTANCE OF 56.96 FEET (CHORD BEARS SOUTH 7902911611 WEST, 56.91 FEET); THENCE NORTH 08014153/1 WEST, A DISTANCE OF 130.90 FEET; THENCE NORTH 76023149" EAST, A DISTANCE OF 72.29 FEET; THENCE NORTH 55054117/1 EAST, A DISTANCE OF 69.31 FEET; THENCE NORTH 43024145" EAST, A DISTANCE OF 55.95 FEET; THENCE NORTH 46035115/E WEST, A DISTANCE OF 43.79 FEET; THENCE NORTH 43024145/1 EAST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 46035115/1 EAST, A DISTANCE OF 38.04 FEET; THENCE NORTH 3702513911 EAST, A DISTANCE OF 617.84 FEET; THENCE SOUTH 5203412111 EAST, A DISTANCE OF 11.72 FEET; THENCE NORTH 3702513911 EAST, A DISTANCE OF 140.00 FEET; THENCE NORTH 5605111611 EAST, A DISTANCE OF 44.27 FEET; THENCE NORTH 64017120/1 EAST, A DISTANCE OF 126.49 FEET; THENCE NORTH 6903311711 EAST, A DISTANCE OF 48.16 FEET; THENCE SOUTH 89059108" EAST, A DISTANCE OF 140.01 FEET; THENCE SOUTH 00000154" WEST, A DISTANCE OF 67.49 FEET; THENCE SOUTH 89059106/E EAST, A DISTANCE OF 179.00 FEET; -16- THENCE NORTH 00°0054" EAST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 15.57 FEET, THENCE SOUTH 89044'46" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 928.01 FEET; THENCE SOUTH 00°07'45" EAST ALONG THE WESTERLY LINE OF OUTLOT "G", A DISTANCE OF 100.00 FEET; THENCE SOUTH 89044'46" EAST ALONG SAID SOUTHERLY LINE OF OUTLOT "G", A DISTANCE OF 400.00 FEET TO THE SOUTHEAST CORNER OF OUTLOT "G", BOOTH FARMS, SECOND FILING RECORDED AT RECEPTION N0, 2909675 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE SOUTH 00007'45" EAST, ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 1246,62 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE NORTH 89030156" WEST, ALONG SAID SOUTH LINE A DISTANCE OF 1331.43 FEETTO THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE NORTH 89031125" WEST, A DISTANCE OF 1202.59 FEET, TO THE POINT OF BEGINNING; EXCLUDING A PARCELAS DESCRIBED WITH IN DEED RECORDED AT RECEPTION N0. 32512701N THE OFFICE OF THE CLERK AND RECORDED OF SAID COUNTY, SITUATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. OF SAID COUNTY AND STATE. -17- Exhibit B Updated Boundary Map ice._ -18- ExnJD1T C Updated Vicinity Map _._._.mrl._.._._ j LA, t J 7 `-FIRESTTOONE ti LIMITS HWY 119 FIRESTONE BLVD 12. BOOTH x SEN. FARMS m a R68W ( Q QO' _•-'� SEC. 11, T2N '�•� #-s{{' OJ �v I 1 - U (/MONARCH 1 ESTATES ._._._ �;t � rr.` :� Iva OF 's'e(; "' '`'r'S5 RESTCNE l.. SABLE A MITS SITENOFCAI I!----` W STONERIDGE m SEC. 14, SEC. 130 c R68W = NNOW ct 0°_-,------- - -� i VICINITY MAP N.T.S. -19- Exhibit D Exclusion Resolution -20- RESOLUTION AND ORDER OF THE BOARD OF DIRECTORS OF NEIGHBORS POINT METROPOLITAN DISTRICT WHEREAS, in accordance with § 32-1-501(1), C.R.S., MSP Corporation (the "Petitioner,) petitioned the Neighbors Point Metropolitan District (the "District") for the exclusion from the District of certain real property, which is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"), and WHEREAS, in accordance with § 324-501(2), C.R.S., notice of a public hearing on this matter was published in the I,on¢tnont Daily Times -Call on November 3, 2012, setting forth the place, time and date of the public meeting, the names and addresses of the petitioners, a general description of the property proposed for exclusion, and notice that all persons interested shall appear at such time and place and show cause in writing why the petition should not be granted; and WHEREAS, on November 5, 2012, the Board of Directors of the District (the "Board") held a public hearing on the petition in accordance with § 32-1-501(2), C.R.S.; and WHEREAS, no objecting parties appeared at the public hearing nor were any written objections filed with the Board; and WHEREAS, pursuant to the District's Sezvice Plan, the Dishict shall be required to obtain written approval fiom the Board of Trustees for the Town of Firestone, Colorado (the "Town") of a Service Plan modification prior to any inclusion or exclusion of property to or from the District; and WHEREAS, the Town has provided its written consent for the District to cotrduct the exclusion hearing on November 5, 2012 to exclude the Property fiom its boundaries, provided that such exclusion shall not be effective until and unless the Town adopts a resolution approving a Service Plan modification incorporating such exclusion; and WHEREAS, upon the effective date of the exclusion of the Properly, the District shall no longer provide any services or facilities to the Property; and WHEREAS, the Petitioner has provided an affidavit to the District, as attached hereto and incorporated herein as Exhibit B, affirming that it is seeking the formation of its own special district organized pursuant to C.R.S. §§32-1-201, et seq., to serve the Property and will not require the District to provide any services or facilities for its benefit; and WHEREAS, pursuaz to §§ 324-501(3) and (4), C.R.S., the Board desires to grant the petition, in whole, subject to the conditions set forth lzetein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS_ OF NEIGHBORS POINT METROPOLITAN DISTRICT AS FOLLOWS: That the Board of Directors of the District shall, and hereby does make the following findings based on evidence presented in #Ire public ltearitzg held on November• 5, 2012: 19 That the Petition has been signed by 100% of the owners of the Property. 2. That the notice of the public bearing on this matter was duly published in accordance with § 32-1-401(1)(b), C.R.S. 3. The proposal to exclude the Property is in the best interest of the Property, in that the Petitioner has affirmed that it will help promote the timely and efficient development of the Property. 4. The exclusion is in the best interest of the District, in that it will not impair the ability of the remaining property located within the District to receive services therefrom. The exclusion is in the best interest of Weld County, Colorado, in that it will promote the timely and efficient development of the Property. 6. There is no substantial cost or economic benefit to the subject Property, in terms of provision of the District's services, resulting from the exclusion, as the Petitioner has affirmed that the Petitioner is seeking to have a new metropolitan district approved by the Town that will encompass the Property once so formed (the "New District") and, upon formation of the New District, the Property is expected to receive similar economical and sufficient service as would be provided by the District. 7. The exclusion will not affect the Aishict's ability to provide economical and sufficient service to the properties remaining within the District. 8. The District shall no longer provide public facilities and services to the Property upon exclusion therefrom; however the Petitioner has affirmed that the Property shall be provided public facilities and services upon the formation of the New District at a reasonable cost and as would be provided by the District. 9. No adverse consequences will occur• relating to employrnent or other economic conditions in the District or the surrounding area as a result of the exclusion, nor will such exclusion result in economic impacts on the region, the District or the State as a whole. 10. An economically feasible alternative service is available to the Property. 11. No additional costs are expected to be levied against property within the District as a result of the exclusion. 12. There is no outstanding bonded indebtedness of the District for which the Property will be liable. THEREFORE, THE BOARD OF DIRECTORS OF NEIGHBORS POINT METROPOLITAN DISTRICT HEREBY ORDERS: That the petition be granted in whole and the Property be excluded fiom the District, subject to the Town adopting a resolution that approves a Service Plan modification incorporating said exclusion ("Service Plan Modification") and, in the event that the Town does not, for any reason whatsoever, approve a Service Plan Modification on or before March 31, 2013 then, unless otherwise provided by the Board, this Resolution shall be of no legal effect and shall be void ab inino. 2. That the Petitioner shall pay all costs and expenses, including reasonable attorneys' fees, incurred in prrocessing the exclusion of the Property from the Dishict and seeking the Service Plan Modification, the terms and conditions for which shall be memorialized in a separate agreement between the Petitioner and the District. 3. That the Property be excluded from the District, subject to the entry of an Order for Exclusion from the Weld County District Court (the "Order"), which Order shall not be sought by the District unless and until the Service Plan Modification is approved by the Town. 4. That, after the affective date o£ the Order, the Property shall no longer be subject to any of the taxes and charges imposed by the District. 5, That, after the effective date of the Order, the Property shall no longer be liable for any share of annual operation and maintenance charges and the cost of facilities of the District and taxes, fees, rates, tolls and charges certified and levied or assessed thereon. 6. There is no outstanding bonded indebtedness for which the Property will be liable. DONE AND ADOPTED this S°i day of November, 2012. NEIGII130R5 POINT � TROPOLITAN DISTRICT President ATTEST: Jer Boul n, Treasurer/Secretary EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY TO BE EXCLUDED FROM THE NEIGHBORS POINT METROPOLITAN DISTRICT NEIGHBORS POINT FILING NO.1 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE SOUTH 89°31'25" EAST ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 729.28 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN BOOR 1553 AT PAGE 439, AND THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID PARCEL OF LAND THE FOLLOWING TWO (2) COURSES: L NORTH 00028'35" EAST, A DISTANCE OF 30.00 FEET; 2. NORTH 00027'08" WEST, A DISTANCE OF 148.17 FEET; THENCE SOUTH 41015'31" EAST, A DISTANCE OF 131.53 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 218.16 FEET; THENCE NORTH 40003'27" EAST, A DISTANCE OF 117.08 FEET; THENCE NORTH 00°28'35" EAST, A DISTANCE OF 360.54 FEET; THENCE NORTH 46053'07" WEST, A DISTANCE OF 97.00 FEET; THENCE NORTH 49020' 17" WEST, A DISTANCE OF 119.91 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 207.40 FEET; THENCE NORTH 26035'45" WEST, A DISTANCE OF 135.94 FEET; THENCE NORTH 03033'02" WEST, A DISTANCE OF 80.01 FEET; THENCE NORTH 88028'41" EAST, A DISTANCE OF 123.39 FEET; THENCE NORTH 17023'05" WEST, A DISTANCE OF 64.78 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00"5 AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 62023905" WEST, 28.28 FEET); THENCE NORTH 17023'05" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000100", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 27036'55" EAST, 28.28 FEET); THENCE NORTH 17023105" WEST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06054'021, AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS NORTH 20050'07" WEST, 56.93 FEET); THENCE SOUTH 59036'31" WEST, A DISTANCE OF 165.96 FEET; EXHIBIT A - CONT. THENCE SOUTH 89°3232 WEST, A DISTANCE OF 166.08 FEET; THENCE NORTH 56010'26" WEST, A DISTANCE OF 56.67 FEET; THENCE NORTH 21002'33" WEST, A DISTANCE OF 85.79 FEET; THENCE NORTH 00042'37" WEST, A DISTANCE OF 79.57 FEET; THENCE NORTH 12037' 10" EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 14022'29" EAST, A DISTANCE OF 90.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10032'52", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS NORTH 85011'02" WEST, 86.95 FEET); THENCE SOUTH 89032'32" WEST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059540", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS SOUTH 44032'42" WEST, 28.28 FEET); THENCE SOUTH 89032' 17" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'2051, AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45027' 18" WEST, 28.29 FEET); THENCE SOUTH 89032'32" WEST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 890595405, AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS SOUTH 44032'42" WEST, 22.63 FEET); THENCE NORTH 00027'08" WEST ALONG THE EAST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED UNDER RECEPTION NO, 29193583 A DISTANCE OF 1072.87 FEET; THENCE SOUTH 89058'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 1226.32 FEET; THENCE SOUTH 00001'57" WEST, A DISTANCE OF 113.66 FEET; THENCE SOUTH 12000926" EAST, A DISTANCE OF 32.59 FEET; THENCE SOUTH 61040'38" EAST, A DISTANCE OF 65.90 FEET; THENCE ALONG THE ARCH OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AMD A CENTRAL ANGLE OF 31059'06", AN ARC DISTANCE OF 24.56 FEET (CHORD BEARS SOUTH 1404T53" EAST, 24.24 FEET); THENCE SOUTH 47058'58" WEST, A DISTANCE OF 59.33 FEET; THENCE SOUTH 00000154" WEST, A DISTANCE OF 97.14 FEET; THENCE SOUTH 86037126" EAST, A DISTANCE OF 117.46 FEET; THENCE SOUTH 17054546" EAST, A DISTANCE OF 138.43 FEET; THENCE SOUTH 51003'37" EAST, A DISTANCE OF 26.25 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 73023'43"5 AN ARCH DISTANCE OF 56.62 FEET (CHORD BEARS SOUTH 11003'30" EAST, 52.79 FEET); THENCE SOUTH 28056'38" WEST, A DISTANCE OF 20.22 FEET; THENCE SOUTH 13056945" EAST, A DISTANCE OF 142.80 FEET; EXHIBIT A -CONT. THENCE SOUTH 31°5702 EAST, A DISTANCE OF 138.60 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 99013'465', AN ARCH DISTANCE OF 76.20 FEET (CHORD BEARS SOUTH 03054'39" EAST, 67.03 FEET); THENCE SOUTH 23020' 16" WEST, A DISTANCE OF 39.01 FEET; THENCE SOUTH 34027158" EAST, A DISTANCE OF 269.47 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 103046'4Y% AN ARCH DISTANCE OF 79.70 FEET (CHORD BEARS SOUTH 24046524" EAST, 69.24 FEET); THENCE SOUTH 34011'00" EAST, A DISTANCE OF 142.04 FEET; THENCE SOUTH 37009'28" WEST, A DISTANCE OF 205.39 FEET; THENCE SOUTH 54008'02" EAST, A DISTANCE OF 149.93 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 299.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61 °59'52", AN ARCH DISTANCE OF 425.25 FEET (CHORD BEARS SOUTH 68025535" WEST, 404.81 FEET); THENCE SOUTH 09025'31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84013'26", AN ARCH DISTANCE OF 29.40 FEET (CHORD BEARS SOUTH 57018'48" WEST, 26.82 FEET); THENCE SOUTH 15012105" WEST, A DISTANCE OF 58.39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043'30"5 AN ARCH DISTANCE OF 54.74 FEET (CHORD BEARS SOUTH 07050'20" WEST, 54.59 FEET); THENCE SOUTH 00028'35" WEST, A DISTANCE OF 25.07 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 205.00 FEET; THENCE NORTH 84058533" EAST, A DISTANCE OF 66.81 FEET; THENCE SOUTH 08014'53" EAST, A DISTANCE OF 130.90 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 415.00 FEET AND A CENTRAL ANGLE OF 07051'49", AN ARCH DISTANCE OF 56.96 FEET (CHORD BEARS NORTH 79029' 16" EAST, 56.91 FEET); THENCE SOUTH 13030129" EAST, A DISTANCE OF 54.01 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 106.46 FEET; THENCE SOUTH 07021'26" WEST, A DISTANCE OF 46.14 FEET; THENCE SOUTH 12041'20" WEST, A DISTANCE OF 75.28 FEET; THENCE SOUTH 51 °20' 12" WEST, A DISTANCE OF 55.94 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 80.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 767.35 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACTS C AND D. CONTAINING 1,225,902 SQUARE FEET OR 28.143 ACRES, MORE OR LESS. EXHIBIT A - CONT. NEIGHBORS POINT FILING N0.2 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6' P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 67°38'43" EAST, A DISTANCE OF 130330 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00028'35" EAST, A DISTANCE OF 25.07 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043'30", AN ARC DISTANCE OF 54,74 FEET (CHORD BEARS NORTH 07050120" EAST, 54.59 FEET); THENCE NORTH 15012'05" EAST, A DISTANCE OF 58,39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20,00 FEET AND A CENTRAL ANGLE OF 84013'261', AN ARC DISTANCE OF 29.40 FEET (CHORD BEARS NORTH 57018948" EAST, 26.82 FEET); THENCE NORTH 09025'31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61 °59' 52", AN ARC DISTANCE OF 425.25 FEET (CHORD BEARS NORTH 68025'35" EAST, 404.81 FEET); THENCE NORTH 37025'39" EAST, A DISTANCE OF 299.69 FEET; THENCE NORTH 54008'02" WEST, A DISTANCE OF 149.93 FEET; THENCE NORTH 37009928" EAST, A DISTANCE OF 205.39 FEET; THENCE NORTH 46057' 17" EAST, A DISTANCE OF 121.94 FEET; THENCE NORTH 49040555" EAST, A DISTANCE OF 141.59 FEET; THENCE NORTH 56025'46" EAST, A DISTANCE OF 65.00 FEET; THENCE NORTH 60010'57" EAST, A DISTANCE OF 139,73 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 373.00 FEET AND A CENTRAL ANGLE OF 01 030'42", AN ARC DISTANCE OF 9.84 FEET (CHORD BEARS SOUTH 19020'30" EAST, 9.84 FEET); THENCE NORTH 71024'51" EAST, A DISTANCE OF 102.80 FEET; THENCE NORTH 85030'59" EAST, A DISTANCE OF 78.12 FEET; THENCE NORTH 08011'24" WEST, A DISTANCE OF 131.34 FEET; THENCE NORTH 17020'40" WEST, A DISTANCE OF 68.10 FEET; THENCE NORTH 37005'43" EAST, A DISTANCE OF 81,48 FEET; EXHIBIT A - CONT. THENCE NORTH 27°59'OS" EAST, A DISTANCE OF 82.46 FEET; THENCE NORTH 11004'44" EAST, A DISTANCE OF 53.68 FEET; THENCE NORTH 11000'06" WEST, A DISTANCE OF 77.68 FEET; THENCE NORTH 24017'57" WEST, A DISTANCE OF 54.00 FEET; THENCE NORTH 65042'03" EAST, A DISTANCE OF 53.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 95021'41 ", AN ARC DISTANCE OF 33.29 FEET (CHORD BEARS NORTH 18001' 13" EAST, 29.58 FEET); THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 523.00 FEET AND A CENTRAL ANGLE OF 09056'521, AN ARC DISTANCE OF 90.80 FEET (CHORD BEARS NORTH 34038'04" WEST, 90.69 FEET); THENCE NORTH 50023'30" EAST, A DISTANCE OF 204.82 FEET; THENCE NORTH 10032907" WEST, A DISTANCE OF 142.43 FEET; THENCE NORTH 11010957" EAST, A DISTANCE OF 108.23 FEET; THENCE SOUTH 89058903" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 146.51 FEET; THENCE SOUTH 00000'54" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1356.45 FEET; THENCE NORTH 89059'06" WEST, A DISTANCE OF 179.00 FEET; THENCE NORTH 00000154" EAST, A DISTANCE OF 67.49 FEET; THENCE NORTH 89059'08" WEST, A DISTANCE OF 140.01 FEET; THENCE SOUTH 69033' 17" WEST, A DISTANCE OF 48.16 FEET; THENCE SOUTH 64017'20" WEST, A DISTANCE OF 126.49 FEET; THENCE SOUTH 56051' 16" WEST, A DISTANCE OF 44.27 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 140.00 FEET; THENCE NORTH 52034'21" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 617.84 FEET; THENCE NORTH 46035' 15" WEST, A DISTANCE OF 38.04 FEET; THENCE SOUTH 43024345" WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 46035' 15" EAST, A DISTANCE OF 43.79 FEET; THENCE SOUTH 43024'45" WEST, A DISTANCE OF 55.95 FEET; THENCE SOUTH 55054' 17" WEST, A DISTANCE OF 69.31 FEET; THENCE SOUTH 76023'49" WEST, A DISTANCE OF 72.29 FEET; THENCE SOUTH 84058'33" WEST, A DISTANCE OF 66.81 FEET; THENCE NORTH 8903 1 '25"WEST, A DISTANCE OF 205.00 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT Q. CONTAINING 6655114 SQUARE FEET OR 15.269 ACRES, MORE OR LESS. EXHIBIT A NEIGHBORS POINT FILING NO. S THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 03°24'37" EAST, A DISTANCE OF 742.26 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00027'08" WEST, A DISTANCE OF 847.43 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS NORTH 44032'42" EAST, 22.63 FEET); THENCE NORTH 89032'32" EAST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'201, AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45027' 18" EAST, 28.29 FEET); THENCE NORTH 89032' 17" EAST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059540", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS NORTH 44032'42" EAST, 28.28 FEET); THENCE NORTH 89032'32" EAST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10032'52", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS SOUTH 85011'02" EAST, 86.95 FEET); THENCE SOUTH 14022'29" WEST, A DISTANCE OF 90.00 FEET; THENCE SOUTH 12037' 10" WEST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00042537" EAST, A DISTANCE OF 79.57 FEET; THENCE SOUTH 21002'33" EAST, A DISTANCE OF 85.79 FEET; THENCE SOUTH 56010'26" EAST, A DISTANCE OF 56.67 FEET; THENCE NORTH 89032532" EAST, A DISTANCE OF 166.08 FEET; THENCE NORTH 59036'31" EAST, A DISTANCE OF 165.96 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06054'02"5 AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS SOUTH 20050507" EAST, 56.93 FEET); THENCE SOUTH 17023905" EAST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS SOUTH 62023'05" EAST, 28.28 FEET); THENCE SOUTH 17023'05" EAST, A DISTANCE OF 64.78 FEET; EXHIBIT A - CONT. THENCE SOUTH 88°28'41" WEST, A DISTANCE OF 123.39 FEET; THENCE SOUTH 03033'02" EAST, A DISTANCE OF 80.01 FEET; THENCE SOUTH 26035'45" EAST, A DISTANCE OF 135.94 FEET; THENCE SOUTH 40007124" EAST, A DISTANCE OF 207.40 FEET; THENCE SOUTH 49020' 17" EAST, A DISTANCE OF 119.91 FEET; THENCE SOUTH 46053'07" EAST, A DISTANCE OF 97.00 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 360.54 FEET; THENCE SOUTH 40003'27" WEST, A DISTANCE OF 117.08 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 218.16 FEET; THENCE NORTH 41015'31" WEST, A DISTANCE OF 131.53 FEET; THENCE NORTH 00027'08" WEST, A DISTANCE OF 383.46 FEET; THENCE NORTH 56048' 54" EAST, A DISTANCE OF 79.41 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 116.87 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00, AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 85007724" WEST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00, AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 04052'36" EAST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 23.31 FEET; THENCE SOUTH 86014'42" WEST, A DISTANCE OF 177.11 FEET; THENCE SOUTH 86031' 17" WEST, A DISTANCE OF 420.74 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT B. CONTAINING 677,644 SQUARE FEET OR 15.557 ACRES, MORE OR LESS. EXHIBIT B AFFIDAVIT OF PIITITIONI R AFFIDAVIT OF MSP CORPORATION BOARDING EXCLUSION OF PROPERTY FROM N) IGHDORS POINT METROPOLITAN DISTRICT I, Marcos Palkownsb,_ am a duty authorized agent of MSP Corporation ("MSP"), trio 160% owiter.of the real property described in Exhibit A, as attached hereto and incorporated Herein (the "Property"). Oil behalf of MSP, and in support ortlte Petition of Exclusion being considered by the Board of Dhrectors of the Neighbors Point Moto politan District (tile "District") oil Monday, November 5, 2012'to exclude the Property1rom file bouodarles of the District, I hereby affirm and swear dw following: 1: The proposal to exclude theProperty is itt the best interest of the Property, in that MSP will help promote the timely mid effioient development of the Property. 2. 1'hero is no substantial cost or eeonoruic benefit to the sttbjc:et.Ploperty, in terms of provision of tite District's services, resulting from the exclusion, as MSP is seeking to have a now metropolitan district. approved by the Town of Firestone, Colorado, that will encompass the Property once so formed (the "Now District"), upon the formation of the Now District, the Property is expected to recoive similar economical and sufficient service as would he provided by the District. 3. MSP understands and acknowledges that the District shall no longer provide public facilities and services to the Property upon exclusion therefrom acid tiie formation of the New District; the Property shall be provided pudic facilities and services at a reasonable cost. as would be provided by the District. An economically feasible alternative service is available to tho Property upon its exclusion front tlto District acid the formation of tite New Distriot. Dated this � dfly o)'NoventUer, 20.1.2. MSP CORPOi;ATION/� // M 'pt s Pa111 tvitsh, President t TATE OF COLORADO ) ss. COUNTY OF A w,xh rx , ) The foregoing Iustruntont ryas acknowledged before me this and day of November, 2012, by Marcus Patkowitsh, as President of MSP Corporation. PtZoe \tJ11'NESS my hand andofficial seal. �ioiA/�Y �m t +.�._ My couuuissiwt oxplres; III t) ICI°t �O131.1G e4G v kQt'va, nr c pQ P Notaty Public EXHIBIT A (LEGAL DESCRIPTION OF THE PROPERTY TO BE EXCLUDED FROM THE NEIGHBORS POINT METROPOLITAN DISTRICT NEIGHBORS POINT FILING NO. I THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE SOUTH 89°31'25" EAST ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 729.28 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1553 AT PAGE 439, AND THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID PARCEL OF LAND THE FOLLOWING TWO (2) COURSES: 1, NORTH 00028'35" EAST, A DISTANCE OF 30.00 FEET; 2. NORTH 00027'08" WEST, A DISTANCE OF 148.17 FEET; THENCE SOUTH 41015'31" EAST, A DISTANCE OF 131.53 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 218.16 FEET; THENCE NORTH 40003'27" EAST, A DISTANCE OF 117.08 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 360.54 FEET; THENCE NORTH 46053'07" WEST, A DISTANCE OF 97.00 FEET; THENCE NORTH 49020' 17" WEST, A DISTANCE OF 119.91 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 207.40 FEET; THENCE NORTH 26°35'45" WEST, A DISTANCE OF 135.94 FEET; THENCE NORTH 03033'02" WEST, A DISTANCE OF 80.01 FEET; THENCE NORTH 88028'41" EAST, A DISTANCE OF 123.39 FEET; THENCE NORTH 17023'05" WEST, A DISTANCE OF 64.78 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'005, AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 62023'05" WEST, 28.28 FEET); THENCE NORTH 17023'05" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 27036555" EAST, 28.28 FEET); THENCE NORTH 17023'05" WEST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06054'021, AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS NORTH 20050'07" WEST, 56.93 FEET); THENCE SOUTH 59036531" WEST, A DISTANCE OF 165.96 FEET; EXHIBIT A - CONT. THENCE SOUTH 89°3232 WEST, A DISTANCE OF 166.08 FEET; THENCE NORTH 56010'26" WEST, A DISTANCE OF 56.67 FEET; THENCE NORTH 21002'33" WEST, A DISTANCE OF 85.79 FEET; THENCE NORTH 00042'37" WEST, A DISTANCE OF 79.57 FEET; THENCE NORTH 12037' 10" EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 14022'29" EAST, A DISTANCE OF 90.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10032'52", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS NORTH 85011'02" WEST, 86.95 FEET); THENCE SOUTH 89032'32" WEST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS SOUTH 44032'42" WEST, 28.28 FEET); THENCE SOUTH 89032' 17" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'20", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45027518" WEST, 28.29 FEET); THENCE SOUTH 89032'32" WEST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 89059140", AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS SOUTH 44032'42" WEST, 22.63 FEET); THENCE NORTH 00027'08" WEST ALONG THE EAST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED UNDER RECEPTION NO, 29193583 A DISTANCE OF 1072.87 FEET; THENCE SOUTH 89058'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 1226,32 FEET; THENCE SOUTH 00001'57" WEST, A DISTANCE OF 113.66 FEET; THENCE SOUTH 12000'26" EAST, A DISTANCE OF 32.59 FEET; THENCE SOUTH 61040'38" EAST, A DISTANCE OF 65.90 FEET; THENCE ALONG THE ARCH OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AMD A CENTRAL ANGLE OF 31059'06"5 AN ARC DISTANCE OF 24.56 FEET (CHORD BEARS SOUTH 14042'53" EAST, 24.24 FEET); THENCE SOUTH 47058'58" WEST, A DISTANCE OF 59.33 FEET; THENCE SOUTH 00000'54" WEST, A DISTANCE OF 97.14 FEET; THENCE SOUTH 86037526" EAST, A DISTANCE OF 117.46 FEET; THENCE SOUTH 17054'46" EAST, A DISTANCE OF 138.43 FEET; THENCE SOUTH 51003'37" EAST, A DISTANCE OF 26.25 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 73023'4Y% AN ARCH DISTANCE OF 56.62 FEET (CHORD BEARS SOUTH 11003'30" EAST, 52.79 FEET); THENCE SOUTH 28056'38" WEST, A DISTANCE OF 20.22 FEET; THENCE SOUTH 13056'45" EAST, A DISTANCE OF 142.80 FEET; EXHIBIT A - CONT. THENCE SOUTH 31°57'02" EAST, A DISTANCE OF 138.60 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 99013'46", AN ARCH DISTANCE OF 76.20 FEET (CHORD BEARS SOUTH 03054739" EAST, 67.03 FEET); THENCE SOUTH 23020' 16" WEST, A DISTANCE OF 39.01 FEET; THENCE SOUTH 34027'58" EAST, A DISTANCE OF 269.47 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 103046'43"5 AN ARCH DISTANCE OF 79.70 FEET (CHORD BEARS SOUTH 24046'24" EAST, 69.24 FEET); THENCE SOUTH 34011100" EAST, A DISTANCE OF 142.04 FEET; THENCE SOUTH 37009'28" WEST, A DISTANCE OF 205.39 FEET; THENCE SOUTH 54008'02" EAST, A DISTANCE OF 149.93 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 299.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 610599525, AN ARCH DISTANCE OF 425.25 FEET (CHORD BEARS SOUTH 68025935" WEST, 404.81 FEET); THENCE SOUTH 09025731" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84013'26"5 AN ARCH DISTANCE OF 29.40 FEET (CHORD BEARS SOUTH 57018'48" WEST, 26.82 FEET); THENCE SOUTH 15012'05" WEST, A DISTANCE OF 58.39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043'30319 AN ARCH DISTANCE OF 54.74 FEET (CHORD BEARS SOUTH 07050'20" WEST, 54.59 FEET); THENCE SOUTH 00028'35" WEST, A DISTANCE OF 25.07 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 205.00 FEET; THENCE NORTH 84058'33" EAST, A DISTANCE OF 66.81 FEET; THENCE SOUTH 08014'53" EAST, A DISTANCE OF 130.90 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 415.00 FEET AND A CENTRAL ANGLE OF 07051'49"5 AN ARCH DISTANCE OF 56.96 FEET (CHORD BEARS NORTH 79029' 16" EAST, 56.91 FEET); THENCE SOUTH 13030'29" EAST, A DISTANCE OF 54.01 FEET; THENCE SOUTH 00028535" WEST, A DISTANCE OF 106.46 FEET; THENCE SOUTH 07021'26" WEST, A DISTANCE OF 46.14 FEET; THENCE SOUTH 12041120" WEST, A DISTANCE OF 75.28 FEET; THENCE SOUTH 51020112" WEST, A DISTANCE OF 55.94 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 80.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 767.35 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACTS C AND D. CONTAINING 1,225,902 SQUARE FEET OR 28.143 ACRES, MORE OR LESS. EXHIBIT A - CONT. NEIGHBORS POINT FILING NO. Z THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6'jl P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89°31'25" EAST; THENCE NORTH 67°38'43" EAST, A DISTANCE OF 1303.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00028'35" EAST, A DISTANCE OF 25.07 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043130", AN ARC DISTANCE OF 54.74 FEET (CHORD BEARS NORTH 07050'20" EAST, 54.59 FEET); THENCE NORTH 15012'05" EAST, A DISTANCE OF 58.39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 8401 Y26", AN ARC DISTANCE OF 29.40 FEET (CHORD BEARS NORTH 57018548" EAST, 26.82 FEET); THENCE NORTH 09025'31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61 °59'52", AN ARC DISTANCE OF 425.25 FEET (CHORD BEARS NORTH 68025'35" EAST, 404.81 FEET); THENCE NORTH 37025'39" EAST, A DISTANCE OF 299.69 FEET; THENCE NORTH 54008302" WEST, A DISTANCE OF 149.93 FEET; THENCE NORTH 37009'28" EAST, A DISTANCE OF 205.39 FEET; THENCE NORTH 46057' 17" EAST, A DISTANCE OF 121.94 FEET; THENCE NORTH 49040' 55" EAST, A DISTANCE OF 141.59 FEET; THENCE NORTH 56025'46" EAST, A DISTANCE OF 65.00 FEET; THENCE NORTH 60010157" EAST, A DISTANCE OF 139.73 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 373.00 FEET AND A CENTRAL ANGLE OF 01 °30'42", AN ARC DISTANCE OF 9.84 FEET (CHORD BEARS SOUTH 19020530" EAST, 9.84 FEET); THENCE NORTH 71024'51" EAST, A DISTANCE OF 102.80 FEET; THENCE NORTH 85030'59" EAST, A DISTANCE OF 78.12 FEET; THENCE NORTH 08011524" WEST, A DISTANCE OF 131.34 FEET; THENCE NORTH 17020'40" WEST, A DISTANCE OF 68.10 FEET; THENCE NORTH 37005'43" EAST, A DISTANCE OF 81.48 FEET; EXHIBIT A -CONT. THENCE NORTH 27°59'OS" EAST, A DISTANCE OF 82.46 FEET; THENCE NORTH 11004'44" EAST, A DISTANCE OF 53.68 FEET; THENCE NORTH 11 000'06" WEST, A DISTANCE OF 77.68 FEET; THENCE NORTH 24017'57" WEST, A DISTANCE OF 54.00 FEET; THENCE NORTH 65042103" EAST, A DISTANCE OF 53.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 95021'41"3 AN ARC DISTANCE OF 33.29 FEET (CHORD BEARS NORTH 18001' 13" EAST, 29.58 FEET); THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 523.00 FEET AND A CENTRAL ANGLE OF 09056'52", AN ARC DISTANCE OF 90.80 FEET (CHORD BEARS NORTH 34038T4" WEST, 90.69 FEET); THENCE NORTH 50023'30" EAST, A DISTANCE OF 204.82 FEET; THENCE NORTH 10032'07" WEST, A DISTANCE OF 142.43 FEET; THENCE NORTH 11 ° 10' 57" EAST, A DISTANCE OF 108.23 FEET; THENCE SOUTH 89058'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 146.51 FEET; THENCE SOUTH 00000'54" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1356.45 FEET; THENCE NORTH 89059'06" WEST, A DISTANCE OF 179.00 FEET; THENCE NORTH 00000'54" EAST, A DISTANCE OF 67.49 FEET; THENCE NORTH 89059'08" WEST, A DISTANCE OF 140.01 FEET; THENCE SOUTH 69033' 17" WEST, A DISTANCE OF 48.16 FEET; THENCE SOUTH 64017'20" WEST, A DISTANCE OF 126.49 FEET; THENCE SOUTH 56051' 16" WEST, A DISTANCE OF 44.27 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 140.00 FEET; THENCE NORTH 52034'21" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 37025539" WEST, A DISTANCE OF 617.84 FEET; THENCE NORTH 46035' 15" WEST, A DISTANCE OF 38.04 FEET; THENCE SOUTH 43024'45" WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 4603591555 EAST, A DISTANCE OF 43.79 FEET; THENCE SOUTH 43024'45" WEST, A DISTANCE OF 55.95 FEET; THENCE SOUTH 55054'17" WEST, A DISTANCE OF 69.31 FEET; THENCE SOUTH 76023'49" WEST, A DISTANCE OF 72.29 FEET; THENCE SOUTH 84058'33" WEST, A DISTANCE OF 66.81 FEET; THENCE NORTH 89031325" WEST, A DISTANCE OF 205.00 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT Q. CONTAINING 6655114 SQUARE FEET OR 15.269 ACRES, MORE OR LESS. EXHIBIT A- CONT. NEIGHBORS POINT FILING No. 5 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6' P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 03°24'37" EAST, A DISTANCE OF 742.26 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00027'08" WEST, A DISTANCE OF 847.43 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS NORTH 44032'42" EAST, 22.63 FEET); THENCE NORTH 89032'32" EAST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000920"5 AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45027' 18" EAST, 28.29 FEET); THENCE NORTH 89032' 17" EAST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS NORTH 44032142" EAST, 28.28 FEET); THENCE NORTH 89032'32" EAST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10032152", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS SOUTH 85011 '02"EAST, 86.95 FEET); THENCE SOUTH 14022'29" WEST, A DISTANCE OF 90.00 FEET; THENCE SOUTH 12037710" WEST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00042'37" EAST, A DISTANCE OF 79.57 FEET; THENCE SOUTH 21002533" EAST, A DISTANCE OF 85.79 FEET; THENCE SOUTH 56010'26" EAST, A DISTANCE OF 56.67 FEET; THENCE NORTH 89032'32" EAST, A DISTANCE OF 166.08 FEET; THENCE NORTH 59036531" EAST, A DISTANCE OF 165.96 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06054'02"5 AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS SOUTH 20050507" EAST, 56.93 FEET); THENCE SOUTH 17023'05" EAST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'005, AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS SOUTH 62023'05" EAST, 28.28 FEET); THENCE SOUTH 17023505" EAST, A DISTANCE OF 64.78 FEET; EXHIBIT A - CONT. THENCE SOUTH 88°2841 WEST, A DISTANCE OF 123.39 FEET; THENCE SOUTH 03033102" EAST, A DISTANCE OF 80.01 FEET; THENCE SOUTH 26035'45" EAST, A DISTANCE OF 135.94 FEET; THENCE SOUTH 40007'24" EAST, A DISTANCE OF 207.40 FEET; THENCE SOUTH 49020' 17" EAST, A DISTANCE OF 119.91 FEET; THENCE SOUTH 46053'07" EAST, A DISTANCE OF 97.00 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 360.54 FEET; THENCE SOUTH 40003'27" WEST, A DISTANCE OF 117.08 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 218.16 FEET; THENCE NORTH 41015'31" WEST, A DISTANCE OF 131.53 FEET; THENCE NORTH 00027'08" WEST, A DISTANCE OF 383.46 FEET; THENCE NORTH 56048'54" EAST, A DISTANCE OF 79.41 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 116.87 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'001, AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 8500T24" WEST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 04052'36" EAST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 23.31 FEET; THENCE SOUTH 86014'42" WEST, A DISTANCE OF 177.11 FEET; THENCE SOUTH 86031' 17" WEST, A DISTANCE OF 420.74 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT B. CONTAINING 677,644 SQUARE FEET OR 15.557 ACRES, MORE OR LESS. CERTIrICATE' CONIES NOW, Jet7•y Bouldin, the Treasurer/Secretary of the Neighbors Point Metropolitan District, and hereby certifies that the attached Resolution and Order is a true and accurate copy of the Resolution and Order adopted by the Board of Directors at its regular meeting held Monday, November 53 2012, at 12:00 P.M., at 700 17`" Street, Suite 2200, Denver, CO 80202. WITNESS my hand this 5`h day of November, 2012. 4dl 4L(5� Jerry ouldi ' reasur doecretary NeighbonsP int Metropolitan District Exhibit E Financial Plan -21- DAVIDSON , COMPANIES,' , Neighbors Point Metropolitan District Bond Assumptions 1. 7.5% interest rate a. Represents the long-term average of non -rated rates for similar credits 2. 30 year final maturity 3. 10 year call protection Development Assumptions 1. 271 single family detached homes in the development 2. 3 lot sizes ranging from 6,000 to 8,500 square feet 3. Home prices ranging from $225,000 to $280,000 in 2013 dollars, inflating at 2%annually thereafter 4. Initial homes constructed beginning in 2013 5. Last homes constructed in 2021 6. Finished homes are reassessed biennially with 2%inflation in value (approximately 1% inflation annually) 7. Lots are constructed a year ahead of homes and are valued at 10% of the value of that home when completed District Assumptions 1. 35 mills imposed for debt service 2. 5 mills imposed for district operations D.A. Davidson & Co. Fixed income Capital Markets 1600 Broadway, Suite 1100 •Denver, Colorado 80202-4922 • (303) 764-6000 • (800) 942-7557 •Fax (303) 764-5770 www.dadavidson.com D.A. Davidson & Co. Member SIPC ��� m�6�o��m:°���mmmmrySaa���HNN`°`°°arymryNmmm� m o;a 'e��n'n m�B n ��mnpmo�NMMaa�m R"-���mmMMnN'v n o 0 0 o m a m m m o 0 0 0 0 0 0 0 0 0 0 0 0 0 o m o 0 0 0 0 0 0 0 0 0 0 0 mmo m ���sc n e� n m� n� n m�� n n vni n m M cmi vmi vmi m m' m m 'm e e n ry n r � � uni n m m ��nMeeuni��mmg�memmmmmmem�n�nn�n�nnnn� Y °= m�' mnnmrvnvmi`nn_e_�bv°'iv°'io ounin'mnnee��e°iMBi oe,nnmmw � - G V $� mmmmM�Mm.- m� � nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn n 'e o .-��nnmM�MmM�SAmmmmmmmmmmmmmeveeeee o m�omumirvm`r°wm`�e 1V nn `�a4immm��1pmmmmmmmo� mo m ry N � ry ' <- n ry cmi N ry n n N ry i3 ry ry ry n ry n n n n ci n n m m m m ei m h � 'e `�3 ^mwmw� ?'gym m ���nnnmm�mmmmmmmmmmmroM�MMb4 .^ro .'>, 6� mmm�m�n �n �n �n n�nmmnmm�n nin �n non �n �n min �nm ��nn mnmm O1 rv`a.mv�mnvni 'm 'mM vrvienMMumi umim e.nn'm we�rvrv'�r n'f°1f°vni vni Eo .^��moom�mmmmoo������<.:mmmmmo;��M 0 0 0 o m ry ry n n e e e e m m m m m m m m m m m m m N r N n n n n `off � 8 tom n'rirv���.- mv�rvneee`�eaeeavan�M'a`a. .�e+mmnnn � u �8za z $ o me ego n nmm omN� a ^�M�M� -" ��rvrvmmmmmmmmmmm mmmmmm m�o�Mnmoa�mee�^mm�Mmo��nizNsmumio�m x ax»sv � M�z o m m moo g M NNm arya'&a oe$o n n n n n n n n n ry ry n ry n ry n ry n n n n n n n n n ry n n ry ry ry n n C e ~\o6o6c6 / !)) |! ((\\\)((\ } \\}(}\}\((\( !7r 2 (4( !t; | §§§B;;;ml;«! �. |! (((v%iNe ( N )\)))\\()(\( !7< # Ed wi DA.Da &on&Cs. SOURCES AND USES OF FUNDS NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2015 Non -Rated, 30-Year Maturity (Sized on growth thru. 2016 - sc2 dev.) [ Preliminary -- for discussion only ] Dated Date 12l01/2015 Delivery Date 12/01/2015 Sources Bond Proceeds:. Par Amount 1,2505000.00 1,250,000.00 Uses: Project Fund Deposits: Project Fund Deposit Other Fund Deposits: Capitalized Interest Fund Delivery Date Expenses: Cost of Issuance 1,012,734.14 1875265.86 50,000.00 112503000.00 Nov 9, 2012 10:19 am Prepared by D.A. Davidson & Co Quantitative Group -PM (Neighbors Point MD 11:ENOV0912-15NRE2) Page 1 DA.Davldson & fu. BOND DEBT SERVICE NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2015 Non -Rated, 30-Year Maturity (Sized on growth thru. 2016 - sc2 dev.) [ Preliminary -- for discussion only ] Annual Period Debt Ending Principal Coupon Interest Debt Service Service 06/01l2016 46,875.00 46,875.00 12/01/2016 46,875.00 46,876.00 93,750 06/0112017 46,875.00 46,875.00 12/01/2017 46,876.00 46,876.00 93,750 06/01/2018 46,875.00 462875.00 12/01/2018 46,875.00 46,875.00 932750 06/01/2019 467875.00 46,875.06 12/01/2019 5,000 7.500% 462875.00 51,875.00 98,750 06/01/2020 46,687.50 46,687.50 12/01/2020 10,000 7,500% 46,687.50 56,687.50 103,375 06/01/2021 46,312.50 462312.60 12/01/2021 10,000 7.500% 46,312.50 56$12.50 1027625 06/01/2022 45,937.50 45,937.50 12/01/2022 10,000 7.500% 452937.50 55,937.50 101,875 06/01/2023 45,562.50 45,562.50 12/01/2023 15,000 7,500% 45,562.50 60,562.60 106,125 06/01/2024 45,000.00 452000.00 12/01/2024 15,000 7.500% 453000.00 60,000.00 1055000 06/01/2025 442437.50 44,437.50 12/01/2025 15,000 7.500% 445437.50 59,437.60 103,875 06/01/2026 43,875.00 43,875.00 12/01/2026 20,000 7.500% 43,875.00 63,875.00 107,750 06/01/2027 43,125.00 43,125.00 12/01/2027 20,000 7.500% 433125.00 63,125.00 1067250 06/01/2028 421375.00 42,375.00 12/01/2028 255000 7.500% 425375.00 67,375.00 10%750 06/01/2029 41,437.50 41,437.50 12/01/2029 25,000 7.500% 41,437.50 66,437.60 107,875 06/01/2030 40,500.00 407500.00 12/01/2030 30,000 7.500% 40J500.00 70t600.00 1111000 06/01/2031 39,375.00 3%375.00 12/01/2031 35,000 7.500% 395375.00 74,375.00 113,750 08/01/2032 38,062.50 38,062.50 12/01/2032 40,000 7.500% 38,062.50 783062.50 116,125 06/01/2033 36,662.50 36,562.50 12/01/2033 40,000 7.500% 36,562.50 762662.50 113;125 06/01/2034 35,062.50 35,082.50 12/01/2034 452000 7.500% 35,062.50 80,062.50 115,126 06/01/2035 33,375.00 33,375.00 12/01/2035 50,000 7.500% 33,376.00 833375.00 116,760 06/01/2036 31,500.00 313500.00 12/01/2036 55,000 7.500% 31,500.00 867500.00 118,000 06/01/2037 293437.50 29,437.50 12/01/2037 605000 7.500% 29,437.50 89,437.50 118,875 06/01/2038 277187.50 273187.50 12101/2038 65,000 7.500% 27,187.50 92,187.50 119,375 06101/2039 24,750.00 242750.00 12/01/2039 70,000 7.500% 24,760.00 94,750.00 119,600 06/01/2040 223125.00 22,125.00 12/01/2040 80,000 7.500% 22,125.00 102,125.00 124,250 06/01/2041 195125.00 19,125.00 12/01/2041 85,000 7.500% 19j125.00 104,125.00 123,250 06/01/2042 15,937.50 15,937.60 12/01/2042 95,000 7.500% 16,937.50 110,937.50 126,875 06/01/2043 12,375.00 122376.00 12/01/2043 1002000 7.500% 12,375.00 1125375.00 124,760 06/01/2044 81625.00 8,625.00 12/01/2044 110,000 7.500% 8,625.00 118,625.00 127,250 06/01/2045 4,500.00 4,500.00 12101/2045 120,000 7.500% 41500.00 124,500.00 129,000 1$2501000 23101,600.00 31351,500.00 31361,500 Nov 9, 2012 10:19 am Prepared by D.A. Davidson & Co Quantitative Group -PM (Neighbors Point MD 11:ENOV0912-15NRE2) Page 2 Date Principal NET DEBT SERVICE NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2015 Non -Rated, 30-Year Maturity (Sized on growth thru. 2016 - sc2 dev.) [ Preliminary -- for discussion only ] Capitalized Total Interest Net Interest Debt Service Fund Debt Service Annual Net D/S 06/01/2016 46,875.00 46,875.00-46,875 12/01/2016 463875.00 46,875.00-46,875 06/01/2017 46,875.00 46,875.00-46,875 12/01/2017 46,875.00 461875.00-46,875 06/01/2018 46,875.00 46,875.00 46,876.00 12/01/2018 - 462875.00 46,875.00 46,875.00 93,750 06/01/2019 46,875.00 46,875.00 46,875.00 12/01/2019 51000 46,875.00 51,875.00 513875.00 98,750 06/01/2020 46,687.50 46,687.50 46,687.50 12101/2020 10,000 46,687.50 56,687.50 56,687.50 103,375 06/01/2021 461312.50 46,312.50 46,312.50 12/01/2021 10,000 46,312.50 56,312.50 56,312.50 102,625 06/01/2022 451937.50 46,937.60 45,937.50 12/01/2022 103000 45,937.50 55,937.50 55,937.50 101,875 06/01/2023 45,562.50 45,562.50 45,562.50 12/01/2023 157000 45,562.50 60,562.50 60,562.50 106,125 06/01/2024 45,000.00 45,000.00 45,000.00 12/01/2024 15,000 45,000.00 60,000.00 60,000.00 105,000 06/01/2025 44,437.50 44,437.50 44,437.50 12/01/2025 15,000 44,437.50 59,437.50 59,437.50 1033875 06/01/2026 43,875.00 43,875.00 43,876.00 12/01/2026 20,000 43,875.00 63,875.00 63,875.00 107,750 06/01/2027 43,125.00 43,125.00 43,125.00 12/01/2027 20,000 43,125.00 633125.00 63,125.00 106,250 06/01/2028 42$75.00 42,376.00 42,375.00 12/01/2028 25,000 42,375.00 673375.00 67,375.00 109,750 06/01/2029 41,437.50 41,437.50 41,437.50 12/01/2029 25,000 41,437.50 66,437.50 66,437.60 107,875 05/01/2030 40,500.00 40,500.00 40,500.00 12/01/2030 30,000 40,500.00 70t500.00 70,500.00 111,000 06/01/2031 39,376.00 39,375.00 39,375.00 12/01/2031 35,000 39,375.00 74,376.00 74,376.00 1132760 06/01/2032 38,062.50 38,062.50 38,062.50 12/01/2032 40,000 38,062.50 78,062.60 78,062.60 116,125 06/01/2033 36,662.50 36,562.50 36,562.50 12/01/2033 40,000 36,562.50 76,562.60 76,562.50 113,125 06/0112034 35,062.50 35,062.50 355062.50 12/01/2034 45,000 35,062.50 802062.50 802062.50 115,125 06/01/2035 33,375.00 337375.00 33,375.00 12/01/2035 50,000 331375.00 837375.00 83,375.00 1163750 06/01/2036 31,500.00 31r500.00 31,500.00 12/01/2036 55,000 31,500.00 86,500.00 86,500.00 118,000 06/01/2037 29,437.50 29,437.50 29,437.50 12/01/2037 60,000 29,437.50 89,437.50 89,437.50 1182875 06/01/2038 273187.50 27,187.50 27,187.50 12/01/2038 655000 277187.50 92,187.50 92,187.50 119,375 06/01/2039 24,750.00 243750.00 24,750.00 12/01/2039 70,000 245750.00 94,750.00 943750.00 119,500 06/01/2040 222125.00 223125.00 22,125.00 12/01/2040 80,000 22,125.00 1025125.00 102,125.00 1243250 06/01/2041 19,125.00 19,125.00 19,125.00 12/01/2041 85,000 19,125.00 104,125.00 1047125.00 1235250 06/01/2042 15,937.50 15,937.50 15,937.50 12/01/2042 95,000 15,937.50 110,937.50 110,937.50 126,875 06/01/2043 12,375.00 12,375.00 125375.00 12/01/2043 100,000 12,375.00 1123375.00 112,375.00 124,750 06/01/2044 81625.00 8,625.00 8,625.00 12/01/2044 110,000 8,625.00 1182625.00 118,625.00 127,250 06/01/2045 4,500.00 41500.00 41500.00 12/01/2045 120,000 4,500.00 1243500.00 1243500.00 129,000 17250,000 23101,500.00 313512500.00-1872500 31164,000.00 311645000 Nov 9, 2012 10:19 am Preparetl by D.A. Davidson & Co Quan6lative Group -PM (Neighbors Poinl MD 11:ENOV0912-15NRE2) Page 3 r r. SOURCES AND USES OF FUNDS NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 Non -Rated, 30-Year Maturity (Sized on All Growth - sc2 dev.) [ Preliminary -- for discussion only ] Dated Date 12/01l2020 Delivery Date 12/01/2020 Sources Bond Proceeds: Par Amount 1,650,000.00 1,650,000.00 Uses: Project Fund Deposits: Project Fund Deposit 155229155.92 Other Fund Deposits: Capitalized Interest Fund 61,844.08 Delivery Date Expenses: Cost of Issuance 66,000.00 1,6503000.00 Nov 9, 2072 70:22 am Prepared by D.A. Davidson 6 Co Quantitative Group -PM (Neighbors Point MD 7 i:ENOV0912-20NRE2) Page t DA.Daddsou A fn. Period Ending BOND DEBT SERVICE NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 Non-Rated,30-Year Maturity (Sized on All Growth - sc2 dev.) [ Preliminary -- for discussion only ] Principal Coupon Interest Debt Service Annual Debt Service O6/01/2021 61,875.00 61,875.00 12/01/2021 61,876.00 61,875.00 123,750 06/01/2022 61,875.00 61,875.00 12/01/2022 61,876.00 61,875.00 123,760 06/01/2023 61,875.00 61,875.00 12/01/2023 61,875.00 613875.00 123,750 O6/01/2024 61,875.00 612875.00 12/01/2024 61,875.00 61,875.00 123,750 06/01/2025 61,875.00 61,875.00 12/0112025 61,875.00 61,875.00 123,750 O6/0112026 61,875.00 61,875.00 12/01/2026 61,875.00 613875.00 123,750 O6/01/2027 612875.00 61,875.00 12/01/2027 51000 7.500% 61,875.00 665875.00 128,750 06101/2028 61,687.50 61,687.50 12/01/2028 5,000 7.500% 61,687.50 66,687.50 128,375 06/01/2029 61,500.00 61,500.00 12/01/2029 5,000 7.500% 61,600.00 66,500.00 1283000 06/01/2030 613312.50 61,312.50 12/01/2030 10,000 7,500% 61,312.50 713312.50 132,625 06/01/2031 60,937.50 602937.50 12/01/2031 5,000 7.500% 60,937.60 657937.50 1261875 06/01/2032 60,750.00 605750.00 12/01/2032 10,000 7.500% 60,760.00 70,750.00 131,500 06/01/2033 60,375.00 60,375.00 12/01/2033 15,000 7.500% 602376.00 75,375.00 135,760 O6/01/2034 595812.50 593812.50 12/01/2034 20,000 7.500% 59,812.50 79,812.50 13%625 O6101/2035 59,062.50 6%062.50 12/01/2035 20,000 7.500% 59,062.50 79,062.50 138,125 06/01/2036 58,312.50 68,312.50 12/01/2036 25,000 7.500% 58,312.50 83,312.50 141,625 O610112037 57,375.00 57,376.00 12/01/2037 25,000 7.500% 577375.00 82,375.00 139,760 06/01/2038 56,437.50 56,437.50 12/01/2038 30,000 7.600% 56,437.50 86,437.50 142,875 06/01/2039 55,312.50 55,312.50 12/01/2039 30,000 7.500% 55,312.50 85,312.50 140,625 06/01/2040 54,187.50 54,187.50 12/01/2040 35,000 7.500% 54,187.50 89,187.50 143,375 06/01/2041 52,875.00 52,875.00 12/01/2041 40,000 7.500% 52,875.00 92,875.00 145,750 O6/01/2042 511375.00 512375.00 12/01/2042 45,000 7.500% 51,375.00 96,375.00 147,750 O6/01/2043 49,687.60 49,687.50 12/0112043 50,000 7.500% 49,687.50 99,687.50 149,375 06/01/2044 471812.50 47,812.50 12/01/2044 55,000 7.500% 47,812.50 102,812.50 1503625 O610112045 45,750.00 457750.00 12/01/2045 60,600 7.500% 455750.00 105,750.00 151,500 06/01/2046 43,600.00 432500.00 12/01/2046 195,000 7.500% 43,500.00 238,500.00 282,000 O6101/2047 36,187.60 36,187.50 12/01/2047 210,000 7.500% 363187.50 246,187.50 282,375 O6/0112048 28,312.50 283312.50 12/01/2048 230,000 7.500% 289312.50 268,312.50 286,625 06/01/2049 19,687.50 195687.50 12/01/2049 250,000 7.500% 19,687.50 269,687.50 289,375 06/01/2050 10,312.50 10,312.50 12/01/2050 276,000 7.500% 10,312.50 285,312.50 295,625 11650,000 311713375.00 4,821,375.00 43821,375 Nov 9, 2012 10:22 am Prepared by D.A. Davidson & Co Quantitative Group -PM (Neighbors Paint MD 11:ENDV0912-20NRE2) Page 2 DA.thvldaenACo. rt�hv WC NET DEBT SERVICE NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 Non -Rated, 30-Year Maturity (Sized on All Growth - sc2 dev.) [ Preliminary -- for discussion only ] Capitalized Total Interest Net Annual Date Principal Interest Debt Service Fund Debt Service Net D/S O6/01/2021 61,875.00 61,875.00 -61,875 12/01/2021 61,875.00 61,876.00 61,875.00 61,875 06/01/2022 61,876.00 61,875.00 61,876.00 12/01/2022 61,875.00 613875.00 61,875.00 123,750 06/01/2023 61,876.00 611875.00 61,875.00 12/01/2023 61,875.00 61,875.00 61,875.00 123,760 06/01/2024 61,875.00 61,875.00 611875.00 12/01/2024 61,875.00 61,875.00 61,875.00 123,750 06/01/2025 61,875.00 61,875.00 61,875.00 12/01/2025 61,875.00 61,876.00 61,875.00 123,750 06/01/2026 613875.00 61,875.00 61,875.00 12/01/2026 61,875.00 61,876.00 61,875.00 123,750 06/01/2027 61,875.00 61,875.00 61,875.00 12/01/2027 51000 61,875.00 665875.00 66,875.00 128,750 06/01/2028 61,687.50 61,687.50 61,687.50 12/01/2028 52000 61,687.50 66,687.50 66,687.50 128,375 08/01/2029 61,500.00 61,500.00 61,600.00 12/01/2029 5,000 61,500.00 663500.00 66,500.00 128,000 06/01/2030 61,312.50 615312.50 61,312.50 12/01/2030 10,000 61,312.50 71,312.50 71,312.50 132,625 06101/2031 60,937.50 60,937.50 60,937.60 12/01/2031 51000 60,937.50 65,937.60 65,937.50 126,875 06/01/2032 60,750.00 60,750.00 60,750.00 12/01/2032 101000 60J750.00 70,750.00 703750.00 131,500 06/01/2033 60,375.00 60,375.00 602375.00 12/01/2033 155000 60T375.00 75,375.00 75,375.00 135,750 06/01/2034 59,812.50 597812.50 59,812.50 12/01/2034 20,000 59,812.50 79,812.50 79,812.60 139,625 06/01/2035 59,062.50 59,062.50 59,062.50 12/01/2035 20,000 59,062.50 79,062.60 79,062.50 1385125 06/01/2036 58,312.50 58,312.50 583312.50 12/01/2036 25,000 58,312.50 83,312.50 83,312.50 141,625 06/01/2037 57,375.00 57,375.00 577375.00 12/01/2037 25,000 57,375.00 822375.00 82,375.00 139,750 06/01/2038 56,437.50 56,437.50 56,437.50 12/01/2038 30,000 56,437.50 86,437.50 86,437.50 1422875 06/01/2039 55,312.50 55,312.50 55,312.50 12/01/2039 30,000 652312.60 85,312.50 85,312.50 140T625 06/01/2040 54,187.50 54,187.60 542187.50 12/01/2040 35,000 54,187.50 89,187.50 895187.50 143,375 06/01/2041 52,875.00 52,875.00 522875.00 12/01/2041 40,000 52,875.00 92,875.00 92,875.00 145,750 06/01/2042 51,375.00 51,375.00 51,375.00 12/01/2042 45,000 51,375.00 96,375.00 96,375.00 147,750 06/01/2043 49,687.50 49,687.50 49,687.60 12/01/2043 50,000 495687.50 991687.50 99,687.50 149,375 06/01/2044 47,812.50 472812.50 47,812.50 12/01/2044 55,000 47,812.50 102,812.50 1022812.50 150,625 06/01/2045 45,750.00 45,750.00 45,750.00 12/01/2045 60,000 45,750.00 105,750.00 105,750.00 151,500 06/01/2046 431500.00 43,500.00 433500.00 12/01/2046 195,000 437500.00 238,500.00 2383500.00 282,000 06/01/2047 36,187.50 36,187.50 363187.50 12/01/2047 210,000 36,187.50 246,187.50 246,187.50 282,375 06/01/2048 28,31250 28,312.50 28,312.50 12/01/2048 230,000 28,312.50 258,312.50 258,312.50 286,626 06/01/2049 19,687.50 19,687.50 19,687.50 12/01/2049 250,000 19,687.50 269,687.50 269,687.50 289,375 06/01/2050 10,312.50 10,312.60 10,312.60 12/01/2050 275,000 102312.50 285,312.50 285,312.50 295,626 1,650,000 35171,375.00 4,8211375.00 -61,875 4,7597500.00 4176%600 Nov 9, 2012 10:22 am Prepared by D.A. Davidson & Co Quantitative Group -PM (Neighbors Point MD 11:ENOV0912-20NRE2) Page 3 Prudential Rocky Mountain, REACTORS° 275 S. Main Street, Suite 166 Longmont, CO 86507 Bus 3o3 772-2222 Fax 363 772-1377 regoestsQprutlentialrockymougtaiacom November 26, 2012 Town of Firestone, Colorado Atten: Wes Lavanchy, Town Manager 151 Grant Avenue Firestone, CO 80525 Re: Neighbors Point Metropolitan District Service Plan Modification and Exclusion of Property Dear Mr. Lavanchy: My office was asked to project marketing and absorption figures for the real estate development project that will remain within the boundaries of the above -referenced District after the proposed exclusion of a portion of the District to occur in the next several months. I have based my analysis of the market and conclusions on conversations with Everett Pfeiff, the Developer of the subject property, and my familiarity with the real estate development market in Firestone, the I-25 North Corridor and vicinity over many years. A summary of projections for lot sales in the District post - exclusion is as follows: Development Projections 1. 271 single family detached homes in the development; 2. 31ot sizes ranging from 6,000 to 8,500 square feet; 3. Home prices ranging from $225,000 to $280,000 in 2013 dollars, inflating at 2% annually thereafter; 4. Initial homes constructed begimiing in 2013; 5. Last homes constructed in 2021; 6. Finished homes are reassessed biennially with a 2%inflation in value (approximately 1 %inflation annually); 7. Lots are constructed a year ahead of homes and are valued at 10% of the value of that home when completed; 8. Lots are sold and built on at the rate of 32 homes per year commencing in 2013, with 151ots sold and built on in 2021. oAn independemly owned and operated memhar o(Pruden[ial Peal Estate Afliliates, Inc. Hopefully, this information meets the need of the Town of Firestone. For any additional information, I can be reached at 303-709-0158. Sincerely, Jerry Schlagel Broker, Prudential Rocky Mountain Realtors November 26, 2012 Board of Trustees Town of Firestone Post Office Box 100 Firestone, Colorado 80520 �: Analysis of Aevelopwent Projectians Neighbors Point Metropolitan District Exclusion and Service Plan Modification Dear Town Trustees: We have reviewed the marketing and absorption projections contained within the letter from Jerry Schlagel or Prudential Rooky Mountain Realtors and support its findings. The Development Projections also satisfactorily confirms our projections and we request that it be admitted as a part of the Neighbors Point Metropolitan District Service Plan Modification application. Please do nat hesitate to call with any questions you have about this correspondence. Veit' truly yours, Everett P£eiff Authorized Agent far l & J Partnership, L.P. A California limited partnership Everett Pfei£f; Authorized Agent