HomeMy WebLinkAbout24-81 Approving a Consolidated Service Plan for Coal Ridge Metropolitan District 08-28-2024RESOLUTION NO.24-81
WHEREAS, the Board of Trustees of the Town of Firestone ("Board") has received a
request to review and approve the Service Plan for Coal Ridge Metropolitan District ("District");
and
WHEREAS, following notice as required by law, the Board conducted a public hearing
on the request on August 28, 2024, and now desires to approve the Service Plan.
THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees of the Town of Firestone finds that:
(a) The Service Plan for the District was filed in the office of the Planning and
Development Department of the Town of Firestone; and
(b) Pursuant to statute, the Board of Trustees of the Town of Firestone has authority
to review the Service Plan with reference to need, service and economic
feasibility; and
(c) The Board of Trustees of the Town of Firestone has reviewed the Service Plan,
the evidence and related exhibits, and has determined that the same meets the
municipal approval criteria under the Special District Act, and, therefore, has
determined to adopt a resolution of approval of the Service Plan for the Districts.
Section 2. Upon consideration of the Service Plan for the District, and evidence presented at
the public hearing on the Service Plan, the Board of Trustees of the Town of Firestone does find,
determine and declare, as required by § 32-1-203(2), C.R.S., as follows:
(a) That there is sufficient existing and projected need for organized service in the
area to be serviced by the District;
(b) That the existing service in the area to be served by the District is inadequate for
present and projected needs;
(c) That the District is capable of providing economical and sufficient service to the
area within its proposed boundaries; and
(d) That the area to be included in the District has, or will have, the financial ability
to discharge the proposed indebtedness on a reasonable basis.
Section 3. In accordance with C.R.S. § 32-1-204.5(1)(c), the Board of Trustees hereby
approves the Service Plan for the District, as set forth in Exhibit A to this Resolution, subject to
and contingent upon compliance with the following condition:
(a) The District shall not be authorized to issue Debt until the District has reimbursed
the Town for all the charges and fees it has incurred with its attorneys and consultant relating to
their review of the Service Plan as approved herein.
If any of the above -stated conditions are not met, the Town may revoke its approval of the
Service Plan by subsequent resolution and pursue all legal and equitable remedies available to it
for failure of compliance with such conditions of approval.
......... ..
WMI
ATT ST:
ri a Gonzalez, Town Clerk
TOWN OF FIRESTONE, COLORADO
Don ®r
Conyac\-Jr,,-Mayor "IN
2
EXHIBIT A
Service Plan
SERVICE PLAN
FOR
COAL RIDGE METROPOLITAN DISTRICT
TOWN OF FIRESTONE, COLORADO
Prepared
by
McGeady Becher P.C.
450 E. 171h Avenue, Suite 400
Denver, Colorado 80203
Submitted: May 13, 2024
Re -submitted: July 12, 2024
Final with Town revisions: August 26, 2024
Initials
4865-2735-3565, v. 1
TABLE OF CONTENTS
I. INTRODUCTION.............................................................................................................. 1
A. Purpose and Intent................................................................................................... 1
B. Need for the District................................................................................................ 1
C. Objective of the Town Regarding District's Service Plan ...................................... 1
D. Consultants..............................................................................................................2
II. DEFINITIONS....................................................................................................................2
III. BOUNDARIES...................................................................................................................5
IV. PROPOSED LAND USE, PROJECTED POPULATION PROJECTIONS AND
CURRENT ASSESSED VALUATION............................................................................. 6
V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES....... 6
A. Powers of the District and Service Plan Amendment ............................................. 6
1.
Operation and Maintenance Limitation......................................................
6
2.
Fire Protection Limitation...........................................................................
7
3.
Television Relay and Translation Limitation, Mosquito Control, and Other
Limitations..................................................................................................
7
4.
Limitation on Extraterritorial Service......................................................... 7
5.
Telecommunication Facilities..................................................................... 7
6.
Construction Standards Limitation............................................................. 7
7.
Zoning and Land Use Requirements........................................................... 8
8.
Growth Limitations..................................................................................... 8
9.
Conveyance.................................................................................................8
10.
Eminent Domain......................................................................................... 8
11.
Water Rights/Resources Limitation............................................................ 8
12.
Inclusion Limitation.................................................................................... 8
13.
Exclusion Limitation................................................................................... 9
14.
Overlap Limitation...................................................................................... 9
15.
Total Debt Issuance Limitation................................................................... 9
16.
Sales and Use Tax....................................................................................... 9
17.
Monies from Other Governmental Sources ................................................ 9
18.
Consolidation Limitation............................................................................ 9
19.
Subdistrict Limitation...............................................................................
10
20.
Fees...........................................................................................................10
21.
Special Assessments.................................................................................
10
22.
Revenue Bonds Limitation.......................................................................
10
23.
Public Improvement Fee and Sales Tax Limitation ..................................
10
24.
Bankruptcy Limitation..............................................................................
10
25.
Reimbursement Agreement......................................................................
11
26.
Service Plan Amendment Requirement....................................................
1 I
B. Preliminary
Engineering Survey...........................................................................
11
VI. FINANCIAL
PROVISIONS............................................................................................
12
A. General..................................................................................................................12
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4865-2735-3565, v. 1
B. Maximum Voted Interest Rate and Maximum Underwriting Discount ...............
12
C. Mill Levies............................................................................................................
12
D. Debt Parameters....................................................................................................
13
E. Debt Instrument Disclosure Requirement.............................................................
14
F. Privately Placed Debt Limitation..........................................................................
15
G. TABOR Compliance.............................................................................................
15
H. District's Organizational Costs and Operation and Maintenance Costs ...............
16
I. Town O&M Mill Levy..........................................................................................
16
VII.
ANNUAL REPORT.........................................................................................................
16
A. General..................................................................................................................16
B. Reporting of Significant Events............................................................................
16
VIII.
DISSOLUTION................................................................................................................
17
IX.
DISCLOSURE NOTICES................................................................................................
18
X.
INTERGOVERNMENTAL AGREEMENT....................................................................
18
XI.
NON-COMPLIANCE WITH SERVICE PLAN..............................................................
19
XII.
CONCLUSION.................................................................................................................19
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LIST OF EXHIBITS
EXHIBIT A Vicinity Map
EXHIBIT B Initial District Boundary Map and Legal Description
EXHIBIT C Intentionally Deleted
EXHIBIT D Financial Plan
EXHIBIT E Capital Plan
EXHIBIT E-1 Regional Improvements
EXHIBIT F Intergovernmental Agreement
EXHIBIT G Disclosure Notice
4865-2735-3565, v. 1
I. INTRODUCTION
A. Purpose and Intent.
The District is an independent unit of local government, separate and distinct from the
Town. The primary purpose of the District will be to finance the construction of the Public
Improvements. The District will provide ongoing operation and maintenance services as
specifically set forth in this Service Plan and in the Intergovernmental Agreement between the
Town and the District.
B. Need for the District.
There are currently no other governmental entities, including the Town, located in the
immediate vicinity of the District that consider it desirable, feasible or practical to undertake the
planning, design, acquisition, construction, installation, relocation, redevelopment, and financing
of the Public Improvements needed for the Project. Formation of the District is therefore
necessary in order for the Public Improvements required for the Project to be provided in the
most economic manner possible.
C. Objective of the Town Regarding District's Service Plan.
The Town's objective in approving the Service Plan for the District is to authorize the
District to provide for the planning, design, acquisition, construction, installation, relocation and
redevelopment of the Public Improvements from the proceeds of Debt to be issued by the
District. All Debt is expected to be repaid by taxes imposed and collected at a mill levy no
higher than the Maximum Debt Mill Levy, as the same may be increased as set forth in Section
VI.C.1; by Fees as limited by Section V.A.20; and/or by Special Assessments as set forth in
Section V.A.21.
This Service Plan is intended to establish a limited purpose for the District and explicit
financial constraints that are not to be violated under any circumstances. The primary purpose of
the District is to provide the Public Improvements associated with development pursuant to the
Approved Development Plan.
The District shall dissolve upon payment or defeasance of all Debt incurred or upon a
court determination that adequate provision has been made for the payment of all Debt, except
that if the District has ongoing operation and maintenance functions authorized under an
Intergovernmental Agreement with the Town, or has covenant enforcement functions, the
District shall not be required to dissolve. Additionally, if the Board of Directors of the District
determines that the existence of the District is no longer necessary to accomplish the purposes set
forth in this Service Plan, the Board of Directors of the District shall promptly effectuate the
dissolution of the District.
The District is authorized to finance the Public Improvements that can be funded from
Debt which is to be repaid from Fees, Special Assessments or tax revenues collected from a mill
levy which shall not exceed the Maximum Debt Mill Levy and collected for no longer than the
Maximum Debt Mill Levy Imposition Term, as well as other legally available sources of
revenue, and to maintain certain of the Public Improvements as set forth in the
Intergovernmental Agreement with the Town. It is the intent of this Service Plan to assure to the
extent possible that no property bear an economic burden that is greater than that associated with
revenues from the Maximum Debt Mill Levy, the Maximum Operation and Maintenance Mill
Levy, Fees and Special Assessments, even under bankruptcy or other unusual situations.
Generally, the costs of Public Improvements that cannot be funded within these parameters are
not costs to be paid by the District.
D. Consultants.
This Service Plan has been prepared by the following:
Organizers
MU Firestone LLC
6900 E. Belleview Avenue, Suite 300
Greenwood Village, CO 80111
Financial Advisor or Underwriter
Piper Sandler & Co.
1144 151h Street, Suite 2050
Denver, CO 80202
II. DEFINITIONS
District Counsel
McGeady Becher P.C.
450 E. 17th Avenue, Suite 400
Denver, CO 80203
District Engineer
Redland Consulting Group, Inc.
1500 West Canal Court, Bldg. B
Littleton, CO 80120
In this Service Plan, the following terms shall have the meanings indicated below,
unless the context hereof clearly requires otherwise:
Approved Development Plan: means a development plan, subdivision
development agreement, final plat, or other land use application process established by
the Town for the Project as approved in its final form by the Town pursuant to the Town
Code, as may be amended from time to time pursuant to the Town Code, that identifies,
among other things, Public Improvements necessary for facilitating development of the
property within the District Boundaries.
Board: means the board of directors of the District.
Capital Plan: means the Capital Plan described in Section V.B. which includes a
list of the Public Improvements financed by the District and the cost of the Public
Improvements.
C.R.S. means the Colorado Revised Statutes, as the same may be amended from
time to time.
Debt: means bonds, notes, debentures, certificates, contracts, capital leases or
other multiple fiscal year obligations for the payment of which the District has promised
to impose an ad valorem property tax mill levy.
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4865-2735-3565, v. 1
District: means the Coal Ridge Metropolitan District.
District Boundaries: means the property within the Initial District Boundaries, as
such may be adjusted from time to time in accordance with this Service Plan.
End User: means any owner, or tenant of any owner, of any taxable improvement
within the District who is intended to become burdened by the imposition of ad valorem
property taxes subject to the Maximum Debt Mill Levy. By way of illustration, a
resident homeowner, renter, commercial property owner, or commercial tenant is an End
User. A person or entity that constructs homes or commercial structures with the
intention of selling to others is not an End User.
External Financial Advisor: means a consultant that: (i) advises Colorado
governmental entities on matters relating to the issuance of securities by Colorado
governmental entities, including matters such as the pricing, sales and marketing of such
securities and the procuring of bond ratings, credit enhancement and insurance in respect
of such securities; (ii) shall be an underwriter, investment banker, or individual listed as a
public finance advisor in the Bond Buyer's Municipal Market Place; and (iii) is not an
officer or employee of the District and has not been otherwise engaged to provide
services in connection with the transaction related to the applicable Debt. If the District
has engaged a municipal adviser that meets the foregoing criteria and has a fiduciary duty
to the District, the municipal adviser may fill the role of the External Financial Advisor.
Fees: means any fee, rate, toil, penalty or charge imposed or received by the
District for services, programs or facilities provided by the District, as described in
Section V.A.20 below.
Financial Plan: means the Financial Plan described in Section VI and attached as
Exhibit D which describes (i) how the Public Improvements are expected to be financed;
(ii) how the Debt is expected to be incurred; and (iii) the estimated operating revenue
derived from property taxes for the first budget year.
Initial District Boundaries: means the boundaries of the District area described in
the Initial District Boundary Map and Legal Description, attached hereto as Exhibit B.
Intergovernmental Agreement: means the intergovernmental agreement between
the District and the Town, a form of which is attached hereto as Exhibit F. The
Intergovernmental Agreement may be amended from time to time by the District and the
Town.
Maximum Aggregate Mill Levy: means the maximum combined mill levy the
District is permitted to impose upon the taxable property within the District for payment
of all expenses categories, including but not limited to Debt, capital costs, organizational
costs, and Operation and Maintenance Costs. The Maximum Aggregate Mill Levy is set
forth in Section VI.C.3 below.
Maximum Debt Mill Levy: means the maximum mill levy the District is
permitted to impose for payment of Debt as set forth in Section VI.C.1 below.
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4865-2735-3565, v. 1
Maximum Debt Mill Levy Imposition Term: means the period of time,
commencing upon the date when the District first issues any debt, in which the District's
Debt mill levy may be imposed.
Maximum Operation and Maintenance Mill Levy: means the maximum mill levy
the District is permitted to impose for payment of Operation and Maintenance Costs, as
set forth in Section VI.C.2 below.
Mill Levy Adjustment: means, if, on or after January 1, 2024, there are changes in
the method of calculating assessed valuation or any constitutionally mandated tax credit,
cut or abatement, the Maximum Debt Mill Levy and the Maximum Operation and
Maintenance Mill Levy may be increased or decreased to reflect such changes, such
increases and decreases to be determined by the Board in good faith (such determination
to be binding and final) so that to the extent possible, the actual tax revenues generated
by the applicable mill levy, as adjusted for changes occurring on or after January 1, 2024,
are neither diminished nor enhanced as a result of such changes. For purposes of the
foregoing, a change in how actual valuation is calculated or a change in the ratio of actual
valuation shall be deemed to be a change in the method of calculating assessed valuation.
Operation and Maintenance Costs: means (1) planning and design costs of Public
Improvements identified by the District as being payable from its operation and
maintenance mill levy; (2) the costs of repair (which includes maintenance), replacement
and depreciation of the Public Improvements; (3) the costs of covenant enforcement and
design review services the District provides; (4) the costs of operating Public
Improvements that have not been dedicated to the Town or another governmental
authority, which may include, but not be limited to, parks, open space, drainage facilities,
including a stormwater conveyance system, utility, drainage and access tracts, alleys and
common area fencing and landscaping; and (5) the costs of ongoing administrative,
accounting and legal services to the District.
Organizational Costs: means the estimated initial cost of acquiring land,
engineering services, legal services and administrative services, together with the
estimated costs of the District's organization and initial operations, as set forth in Section
VI.H below, which Organizational Costs are eligible for reimbursement out of Debt
proceeds.
Project: means the development or property commonly referred to as Hamilton
Heights.
Public Improvements: means a part or all of the improvements authorized to be
planned, designed, acquired, constructed, installed, relocated, redeveloped and financed
as generally described in the Special District Act and in accordance with the Approved
Development Plan, except as specifically limited in Section V below, that benefit the
property within the Project and/or the District Boundaries, and serve the future taxpayers
and inhabitants of the property within the District Boundaries as determined by the Board
of the District.
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4865-2735-3565, v. 1
Regional Improvements: means those Public Improvements required by an
Approved Development Plan for the Project that: (a) lie outside the District Boundaries,
and (b) have a regional benefit beyond the Project to properties not included within the
District, as more specifically contemplated in, but not limited by, Exhibit E-1 of this
Service Plan. The Town Board can determine on a case -by -case basis whether an
additional mill levy may be imposed for Regional Improvements.
Service Plan: means this service plan for the District approved by Town Board.
Service Plan Amendment: means an amendment to the Service Plan approved by
Town Board in accordance with the Town's ordinance and the applicable state law.
Special Assessment: means the levy of an assessment within the boundaries of a
special improvement district pursuant to Section V.A.21 below.
Special District Act: means Title 32, Article 1 of the Colorado Revised Statutes,
as amended from time to time.
State: means the State of Colorado.
Taxable Property: means real or personal property which is subject to ad valorem
taxes imposed by the District.
Town: means the Town of Firestone, Colorado.
Town Board: means the Town Board of Trustees of the Town of Firestone,
Colorado.
Town Code: means the Town Code of the Town of Firestone, Colorado.
Total Debt Limit: means Sixteen Million Dollars ($16,000,000), which Total Debt
Limit includes any Debt issued for Public Improvements and Regional Improvements.
Town O&M Mill Levy: means three (3) mills, to be imposed and collected by the
District in accordance with Section VI.I. below for purposes of defraying the Town's
ongoing operations and maintenance expenses associated with Public Improvements
within or without the boundaries of the District and which directly benefits the taxpayers,
property owners, and residents of the District. The Town O&M Mill Levy shall not
extend beyond 40 years from the first imposition of such levy.
III. BOUNDARIES
A Vicinity Map depicting the Project is attached hereto as Exhibit A. The area of the
Initial District Boundaries includes approximately 28.024 acres, and the legal description and
map of the Initial District Boundaries are set forth in Exhibit B. It is anticipated that the
District's boundaries may change from time to time as it undergoes inclusions and exclusions
pursuant to Section 32-1-401, et seq., C.R.S., and Section 32-1-501, et seq., C.R.S., subject to the
limitations set forth in Section V below.
4865-2735-3565, v. 1
IV. PROPOSED LAND USE, PROJECTED POPULATION PROJECTIONS AND
CURRENT ASSESSED VALUATION
The property within the Initial District Boundaries consists of approximately 28.024 acres
of agricultural land. The population of the District at build -out is estimated to be approximately
308 people. The current assessed valuation of the property within the District Boundaries is One
Hundred Seventy Thousand Three Hundred Seventy Dollars ($170,370) for purposes of this
Service Plan, the assessed value of the District at build -out is expected to be sufficient to
reasonably discharge the Debt under the Financial Plan attached hereto as Exhibit D.
Approval of this Service Plan by the Town does not imply approval of the development
of a specific area within the District, nor does it imply approval of the number of residential units
or the total site/floor area of commercial or industrial buildings identified in this Service Plan or
any of the exhibits attached thereto, which approvals shall be as set forth in an Approved
Development Plan.
Approval of this Service Plan by the Town in no way releases or relieves the developer of
the Project, or the developer, landowner, or subdivider of any property within the District
Boundaries, or any of their respective successors or assigns, of obligations to construct public
improvements for the Project or of obligations to provide the Town such financial guarantees as
may be required by the Town under the applicable Approved Development Plan, the Town Code
or any applicable annexation agreement, subdivision agreement, or other agreements affecting
the Project property or development thereof.
V. DESCRIPTION OF PROPOSED POWERS IMPROVEMENTS AND SERVICES
A. Powers of the District and Service Plan Amendment.
The District shall have the power and authority to provide the Public Improvements and
related operation and maintenance services as such power and authority is described in the
Special District Act and other applicable statutes, common law, and the Constitution, subject to
the limitations set forth herein, in the Approved Development Plan, and in the Intergovernmental
Agreement.
1. Operation and Maintenance Limitation.
The purpose of the District is to plan for, design, acquire, construct, install, relocate,
redevelop and finance the Public Improvements. The District shall dedicate the Public
Improvements and Regional Improvements to the Town or other appropriate governmental or
quasi -governmental jurisdiction or other non-profit organization (such as a parks or open space
foundation) in a manner consistent with the Approved Development Plan, the Intergovernmental
Agreement, and other rules and regulations of the Town and applicable provisions of the Town
Code. The District is authorized, but not obligated, to own, operate, and maintain Public
Improvements not otherwise required to be dedicated to the Town or other public entity,
including, but not limited to street improvements (including roads, curbs, gutters, culverts,
sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, and other street
improvements), traffic and safety controls, retaining walls, park and recreation improvements
and facilities, trails, open space, landscaping, drainage improvements (including detention and
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4865-2735-3565, v. 1
retention ponds, trickle channels, and other drainage facilities), irrigation system improvements
(including wells, pumps, storage facilities, and distribution facilities), and all necessary
equipment and appurtenances incident thereto. Notwithstanding the foregoing, all parks, trails
and open space not otherwise dedicated to the Town and owned by the District shall be open to
the general public free of charge. The District shall provide covenant enforcement, design
review services and other services to the residents, owners, and taxpayers within the District
pursuant to and in accordance with § 32-1-1004(8) C.R.S. The District may impose a mill levy,
Special Assessments, and/or Fees to pay for Operations and Maintenance Costs in accordance
with this Service Plan and the Intergovernmental Agreement.
2. Fire Protection Limitation.
The District shall not be authorized to plan for, design, acquire, construct, install,
relocate, redevelop, finance, operate or maintain fire protection facilities or services, unless such
facilities and services are provided pursuant to a written agreement with the Town and with
Frederick -Firestone Fire Protection District. The authority to plan for, design, acquire, construct,
install, relocate, redevelop or finance fire hydrants and related improvements installed as part of
the water system shall not be limited by this provision.
3. Television Relay and Translation Limitation, Mosquito Control, and Other
Limitations.
Unless such facilities and services are provided pursuant to the Intergovernmental
Agreement, the District shall not be authorized to plan for, design, acquire, construct, install,
relocate, redevelop, finance, operate, maintain, or provide: (a) any television relay and
translation facilities and services, other than for the installation of conduit as a part of a street
construction project; (b) any mosquito control facilities and services; and (c) any solid waste
disposal, collection, and transportation facilities and services.
4. Limitation on Extraterritorial Service.
The District shall be authorized to provide services or facilities outside the District
Boundaries or to establish fees, rates, tolls, penalties or charges for any services or facilities only
in accordance with an Approved Development Plan, the Intergovernmental Agreement, or other
agreement to which the Town is a party or otherwise gives its written consent, as evidenced by
resolution of the Town Board of Trustees.
5. Telecommunication Facilities.
The District agrees that no telecommunication facilities shall be constructed except
pursuant to the Intergovernmental Agreement and that no such facilities owned, operated or
otherwise allowed by the District shall affect the ability of the Town to expand its public safety
telecommunication facilities or impair existing telecommunication facilities.
6. Construction Standards Limitation.
The District will ensure that the Public Improvements are designed and constructed in
accordance with the current Design Standards and Construction Specifications for Public
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4865-2735-3565, v. 1
Improvements of the Town and of other governmental entities having proper jurisdiction. The
District will obtain the approval of civil engineering plans from the appropriate jurisdiction and
will obtain applicable permits for construction and installation of Public Improvements prior to
performing such work.
7. Zoning and Land Use Requirements.
The District shall be subject to all of the Town's zoning, subdivision, building code and
other land use requirements.
Growth Limitations.
The Town shall not be limited in implementing Board or voter approved growth
limitations, even though such actions may reduce or delay development within the District and
the realization of District revenue.
Conveyance.
The District agrees to convey to the Town, upon written notification from the Town and
at no cost to the Town, any interest in real property owned by the District that is necessary, in the
Town's sole discretion, for any Town capital improvement projects for transportation, utilities or
drainage, so long as such conveyance does not interfere with the District's ability to construct,
operate and/or maintain Public Improvements, as the same may be limited by this Service Plan.
10. Eminent Domain.
The District shall be authorized to utilize the power of eminent domain only after prior
written notice is provided to the Town.
11. Water Rights/Resources Limitation.
The District shall not acquire, own, manage, adjudicate or develop water rights or
resources except for the sole purpose of transferring such water rights to the Town or to another
governmental entity at the direction of the Town. The District may be permitted to construct,
finance, operate, and maintain a non- potable water system for the development and may be
permitted to own, manage, adjudicate, and develop the non -potable water rights which will be
used in such non -potable system, only if required or authorized by an intergovernmental
agreement with the Town, separate and distinct from the Intergovernmental Agreement.
Provided however that nothing herein shall prohibit the District from reimbursing the developer
of the Project for the costs of raw water.
12. Inclusion Limitation.
From time to time, it may be necessary for the District to adjust its respective boundaries,
and the District may process inclusions of property without providing notice to the Town as long
as such property being included is within the Initial Boundaries. Without prior written notice to
the Town, the District shall not include into its boundaries any other property. No property will
4865-2735-3565, v. 1
be included within the District at any time unless such property has been annexed into the
Town's corporate limits.
13. Exclusion Limitation.
From time to time, it may be necessary for the District to adjust its boundaries and the
District may process exclusions of property without providing notice to the Town as long as such
property being excluded is within the Initial Boundaries. Any exclusion of property located
outside of the Initial Boundaries shall require prior written notice to the Town. In no event shall
the District exclude from its boundaries property upon which a Debt mill levy has been imposed
for the purpose of the inclusion of such property into another district that has been or will be
formed under the Special District Act, without the prior written consent of the Town.
14. Overlap Limitation.
The boundaries of the District shall not overlap with any other district formed under the
Special District Act if such overlap will cause the District mill levy to exceed the Maximum
Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy and/or the Maximum
Aggregate Mill Levy.
15. Total Debt Issuance Limitation.
The District shall not issue Debt in excess of the Total Debt Limit. The Total Debt Limit
shall not be applicable to refunding or refinancing of Debt authorized to be issued pursuant to the
Service Plan, unless the principal amount of the refunding bonds exceeds the principal amount
originally issued, in which case the difference shall count against the Total Debt Limit. At no
time during its existence shall the District have Debt outstanding in excess of the Total Debt
Limit.
16. Sales and Use Tax.
The District shall not exercise its Town sales and use tax exemption.
17. Monies from Other Governmental Sources.
The District shall not apply for or accept Conservation Trust Funds, Great Outdoors
Colorado Funds, or other funds available from or through governmental or non-profit entities
that the Town is eligible to apply for, except pursuant to the Intergovernmental Agreement. This
Section shall not apply to specific ownership taxes which shall be distributed to and be a revenue
source for the District without any limitation.
18. Consolidation Limitation.
The District shall not file a request with any Court to consolidate with another Title 32
district without the prior written consent of the Town, as evidenced by resolution of the Town
Board of Trustees.
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19. Subdistrict Limitation.
The District shall not create any subdistrict pursuant to Section 32-1-1101, C.R.S.
without the prior written consent of the Town, as evidenced by resolution of the Town Board of
Trustees.
20. Fees.
If authorized by the Intergovernmental Agreement, the District may impose and collect
Fees for services, programs, or facilities furnished by the District, and may from time to time
increase or decrease such fees, and may use the revenue from such fees for the repayment of
Debt, capital costs, or Operation and Maintenance Costs and for the payment of any indebtedness
of the District.
21. Special Assessments.
If authorized in the Intergovernmental Agreement, the District may establish one or more
special improvement districts within the District Boundaries and may levy a Special Assessment
with the special improvement district in order to finance all or part of the costs of any Public
Improvements to be constructed or installed that the District is authorized to finance.
22. Revenue Bonds Limitation.
The District shall not issue revenue bonds, except as set forth in this Section. At least
sixty-three (63) days prior to issuing any revenue bonds, the District must provide notice of its
intent to issue revenue bonds to the Town Manager. At least thirty-five (35) days prior to issuing
any revenue bonds, the District must submit all relevant details of such issuance to the Town
Manager, including the proposed documents pursuant to which such revenue bonds will be
issued. On or before the date of issuance of any revenue bonds, the District must provide the
Town with a copy of the general counsel opinion addressed to the District which states that the
District is not required by law to amend the Service Plan to effectuate the issuance of the revenue
bonds.
23. Public Improvement Fee and Sales Tax Limitation.
The District shall not impose, collect, receive, spend, or pledge to any Debt any fee,
assessment, tax, or charge, which is collected by a retailer in the District on the sale of goods or
services by such retailer and which is measured by the sales price of such goods or services,
except as provided pursuant to an agreement with the Town approved by the Town Board.
24. Bankruptcy Limitation.
All of the limitations contained in this Service Plan, including, but not limited to, those
pertaining to the Maximum Aggregate Mill Levy, the Maximum Debt Mill Levy, the Maximum
Operation and Maintenance Mill Levy, and Fees have been established under the authority of the
Town to approve a Service Plan pursuant to Section 32-1-204.5, C.R.S. It is expressly intended
that such limitations:
10
4865-2735-3565, v. 1
(a) Shall not be subject to set -aside for any reason or by any court of
competent jurisdiction, absent a Service Plan Amendment; and
(b) Are, together with all other requirements of Colorado law,
included in the "political or governmental powers" reserved to the State under the U.S.
Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the "regulatory or electoral
approval necessary under applicable nonbankruptcy law" as required for confirmation of a
Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6).
The filing of any bankruptcy petition by the District shall constitute, simultaneously with
such filing, a material departure of the express terms of this Service Plan, thus necessitating a
material modification that must be submitted to the Town for its consideration as a Service Plan
Amendment.
25. Reimbursement Agreement.
If the District utilizes reimbursement agreements to obtain reimbursements from third -
party developers or adjacent landowners for costs of improvements that benefit third -party
landowners, such agreements shall be done in accordance with Town Code. If a reimbursement
agreement exists or is entered into for an improvement financed by the District, any and all
resulting reimbursements received for such improvement shall be deposited in the District's debt
service fund and used for the purpose of retiring the District's debt issued that financed the
applicable improvement.
26. Service Plan Amendment Requirement.
This Service Plan has been designed with sufficient flexibility to enable the District to
provide required services and facilities under evolving circumstances without the need for
numerous amendments. Actions of the District which violate the limitations set forth in V.A. or
in VLC or VI.D shall be deemed to be material modifications to this Service Plan and the Town
shall be entitled to all remedies available under State and local law to enjoin such actions of the
District.
B. Preliminary Engineering Survey.
The District shall have authority to provide for the planning, design, acquisition,
construction, installation, relocation, redevelopment, maintenance, and financing of the Public
Improvements. A Capital Plan, including a list of the Public Improvements the District
anticipates providing (except for any anticipated Regional Improvements), including a cost
estimate for each category of improvements, is attached hereto as Exhibit E. The District shall
be authorized to construct Public Improvements that shall be more specifically defined in an
Approved Development Plan, the Intergovernmental Agreement, or other agreement to which the
Town is a party or otherwise gives its written consent. The estimated costs of the Public
Improvements which may be planned for, designed, acquired, constructed, installed, relocated,
redeveloped, maintained or financed was prepared based upon a preliminary engineering survey
and estimates derived from the zoning on the property in the property within the District
Boundaries and is approximately Seven Million One Hundred Ninety One Thousand Two
Hundred Ten Dollars ($7,191,210) and the cost of the Regional Improvements identified on
11
4865-2735-3565, v. 1
Exhibit E-1 attached hereto is approximately Three Million Two Hundred Sixty Eight Thousand
One Hundred Fifty Dollars ($3,268,150) for a total Public Improvement cost of Ten Million Four
Hundred Fifty Nine Thousand Three Hundred Sixty Dollars ($10,459,360).
All of the Public Improvements will be designed in such a way as to ensure that the
Public Improvements standards will be compatible with those of the Town and shall be in
accordance with the requirements of the Approved Development Plan. All construction cost
estimates are based on the assumption that construction conforms to applicable local, State or
Federal requirements.
VI. FINANCIAL PROVISIONS
A. General.
The District shall be authorized to provide for the planning, design, acquisition,
construction, installation, relocation and/or redevelopment of the Public Improvements from its
revenues and by and through the proceeds of Debt to be issued by the District. The District may
impose a mill levy on taxable property within its boundaries as a primary source of revenue for
repayment of Debt and for Operations and Maintenance Costs. The District may also rely upon
various other revenue sources authorized by law. At the District's discretion, these may include
the power to assess Fees as provided in Section 32-1-1001(1), C.R.S., as amended from time to
time and as limited by Section V.A.20, and the District may impose Special Assessments as
provided in Section 32-1-1101.7, C.R.S. and in accordance with Section V.A.21.
The Financial Plan for the District, which is attached hereto as Exhibit D, reflects that
the District will issue no more Debt than the District can reasonably expect to pay from revenues
derived from the Maximum Debt Mill Levy, Fees, Special Assessments and other legally
available revenues. The amount of Debt the District shall be permitted to issue for the Public
Improvements, including any Debt for Public Improvements to be constructed to serve any
special improvement district, shall not exceed Sixteen Million Dollars ($16,000,000) and the
District may issue such Debt on a schedule and in such year or years as the District determines
shall meet the needs of the Financial Plan referenced above and phased to serve development as
it occurs.
B. Maximum Voted Interest Rate and Maximum Underwriting Discount.
The interest rate on any Debt is expected to be the market rate at the time the Debt is
issued. In the event of a default, the proposed maximum interest rate on any Debt is not
expected to exceed eighteen percent (18%). The proposed maximum underwriting discount will
be four percent (4%). Debt, when issued, will comply with all relevant requirements of this
Service Plan, State law and Federal law as then applicable to the issuance of public securities.
C. Mill Levies.
1. The Maximum Debt Mill Levy, which shall be subject to a Mill Levy
Adjustment, shall be the maximum mill levy the District is permitted to impose upon the taxable
property within the District for payment of Debt, and shall be fifty (50) mills for so long as the
total amount of aggregate Debt of the District exceeds fifty percent (50%) of the District's
12
4865-2735-3565, v. 1
assessed valuation. It is anticipated that the District will undertake the planning, design,
acquisition, construction, installation, development and financing of certain Regional
Improvements as described in Exhibit E-1 and required by an Approved Development Plan for
the Project, and any additional regional improvements the District agrees to address. As a result,
thereof, if the District undertakes the Regional Improvements, then, the Maximum Debt Mill
Levy the District is permitted to impose for payment of debt shall be increased to fifty-five (55)
mills, subject to a Mill Levy Adjustment.
At such time as the total amount of aggregate Debt of the District is equal to or less than
fifty percent (50%) of the District's assessed valuation, either on the date of issuance of any Debt
or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be
subject to the Maximum Debt Mill Levy if End Users cast the majority of affirmative votes taken
by the District's Board of Directors at the meeting authorizing such action, and, as a result, the
mill levy may be such amount as is necessary to pay the debt service on such Debt, and the
Board may further provide that such Debt shall remain secured by such increased mill levy,
notwithstanding any subsequent change in the District's Debt to assessed value ratio.
2. The Maximum Operation and Maintenance Mill Levy, which shall be
subject to a Mill Levy Adjustment, shall be the maximum mill levy the District is permitted to
impose upon the taxable property within the District for payment of Operation and Maintenance
Costs, and shall be sixty-five (65) mills until such time that the District issues Debt. After the
District issues Debt, the Maximum Operation and Maintenance Mill Levy shall be ten (10) mills.
The Maximum Operation and Maintenance Mill Levy shall apply to the District's ability to
increase its mill levy as necessary for provision of operation and maintenance services to its
taxpayers and service users until such time as End Users cast the majority of affirmative votes
taken by the District's Board of Directors at a meeting authorizing an increase of such Maximum
Operation and Maintenance Mill Levy.
3. The Maximum Aggregate Mill Levy (which shall be adjusted to reflect
any Mill Levy Adjustment in the Maximum Debt Mill Levy and the Maximum Operation and
Maintenance Mill Levy) shall be the maximum combined mill levy the District is permitted to
impose upon the taxable property within the District for payment of all expense categories,
including but not limited to Debt, capital costs, organizational costs, and Operation and
Maintenance Costs, and shall be sixty-five (65) mills until such time as End Users cast the
majority of affirmative votes taken by the District's Board of Directors at a meeting authorizing
an increase of such Maximum Aggregate Mill Levy. The foregoing notwithstanding, any action
taken by the District to increase the Maximum Debt Mill Levy must be taken in accordance with
Section VI.C.1, above.
D. Debt Parameters.
1. All Debt issued by the District must be issued in compliance with the
requirements of Section 32-1-1101, C.R.S. and all other requirements of State law. On or before
the effective date of approval of an Approved Development Plan by the Town, the District shall
not: (a) issue any Debt; (b) impose a mill levy for the payment of Debt by direct imposition or by
transfer of funds from the operating fund to the Debt service funds; (c) impose and collect any
Fees used for the purpose of repayment of Debt, or (d) levy any Special Assessments.
13
4865-2735-3565, v. 1
2. At least sixty-three (63) days prior to issuing any Debt, the issuing District
must provide notice of its intent to issue Debt to the Town Manager. At least thirty-five (35) days
prior to issuing any Debt, the issuing District must submit all relevant details of such issuance to
the Town Manager, including the proposed documents pursuant to which such Debt will be
issued. On or before the date of issuance of any Debt, the issuing District must provide the Town
with a copy of the general counsel opinion addressed to the District which states that the District
is not required by law to amend the Service Plan to effectuate the issuance of the Debt.
3. The District shall not pledge any revenue or property of the Town as
security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall
not be construed as a guarantee by the Town of payment of any of the District's obligations, nor
shall anything in the Service Plan be construed so as to create any responsibility or liability on
the part of the Town in the event of default by the District in the payment of any such obligation.
4. The District shall not issue Debt in excess of the Total Debt Limit, which
amount is Sixteen Million Dollars ($16,000,000), which Total Debt Limit includes any Debt
issued for Public Improvements and Regional Improvements; provided that the foregoing shall
not include the principal amount of Debt which has been refinanced or refunded unless the
principal amount of the refunding bonds exceeds the principal amount of the bonds to be
refunded, in which case the difference shall count against the Total Debt Limit, or which is a
contractual pledge of taxes or other revenue from a District to another District.
5. Any Debt issued with a pledge or which results in a pledge that exceeds
the Maximum Debt Mill Levy (subject to the Mill Levy Adjustment) shall be deemed a material
modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an
authorized issuance of Debt unless and until such material modification has been approved by
the Town as part of a Service Plan Amendment. The Town shall be entitled to all remedies
available at law to enjoin such actions of the District, including the remedy of enjoining the
issuance of additional authorized but unissued debt, until such material modification is remedied.
6. The Maximum Debt Mill Levy Imposition Term shall not exceed forty
(40) years from the date upon which the District first issues any Debt. Upon expiration of the
Maximum Debt Mill Levy Imposition Term, the District shall not impose a levy for repayment
of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any single
property within its District Boundaries, unless a majority of the Board of Director of the District
are End Users and have voted in favor of a refunding of a part or all of the debt and such
refunding will result in a net present value savings as set forth in Section 11-56-101, C.R.S.; et
L. Any Debt, issued with a mill levy pledge or which results in a mill levy pledge, which
exceeds the Maximum Debt Mill Levy Imposition term shall be deemed a material modification
of this Service Plan and shall not be an authorized issuance of Debt unless and until such
material modification has been approved by the Town by a service plan amendment.
E. Debt Instrument Disclosure Requirement.
In the text of each Bond and any other instrument representing and constituting Debt, the
District shall set forth a statement in substantially the following form:
14
4865-2735-3565, v. 1
By acceptance of this instrument, the owner of this Bond agrees and
consents to all of the limitations in respect of the payment of the principal
of and interest on this Bond contained herein, in the resolution of the
District authorizing the issuance of this Bond and in the Service Plan for
creation of the District.
Similar language describing the limitations in respect of the payment of the principal of
and interest on Debt set forth in this Service Plan shall be included in any document used for the
offering of the Debt for sale to persons, including, but not limited to, a developer of property
within the boundaries of the District.
F. Privately Placed Debt Limitation.
Prior to the issuance of any privately placed Debt, the District shall obtain the
certification of an External Financial Advisor substantially as follows:
We are [I am] an External Financial Advisor within the meaning of the
District's Service Plan.
We [I] certify that (1) the net effective interest rate (calculated as defined
in Section 32-1-103(12), C.R.S.) to be borne by [insert the designation of
the Debt] does not exceed a reasonable current [tax-exempt] [taxable]
interest rate, using criteria deemed appropriate by us [me] and based upon
our [my] analysis of comparable high yield securities; and (2) the structure
of [insert designation of the Debt], including maturities and early
redemption provisions, is reasonable considering the financial
circumstances of the District.
For purposes of this Section, "privately placed debt" includes any debt or annually
appropriated obligation that is sold to a private entity, including financial institutions,
developers, or other private entities, and which no offering document related to such sale is
required. "Privately placed debt" does not include the sale of Debt to an underwriter who
purchases Debt from the District with a view to the distribution to investors of Debt.
In no event shall Debt that is privately placed with a developer or owner of the property
to be benefitted with Public Improvements or annually appropriated obligation privately placed
with a developer or owner of the property to be benefitted with Public Improvements bear
interest at a rate that accrues at a compounding rate. Each instrument evidencing Debt or an
annually appropriated obligation that is privately placed with a developer or owner of the
property to be benefitted with Public Improvements shall provide that the District's obligations
thereunder shall be discharged 40 years after the date that such obligation is issued regardless of
whether such obligation is paid in full.
G. TABOR Compliance.
The District will comply with the provisions of TABOR. In the discretion of the Board,
the District may set up other qualifying entities to manage, fund, construct and operate facilities,
services, and programs. To the extent allowed by law, any entity created by the District will
15
4865-2735-3565, v. 1
remain under the control of the District's Board, and any such entity shall be subject to and
bound by all terms, conditions, and limitations of the Service Plan and the Intergovernmental
Agreement.
H. District's Organizational Costs and Operation and Maintenance Costs.
The District's Organizational Costs, including the estimated cost of acquiring land,
engineering services, legal services and administrative services, together with the estimated costs
of the District's organization and initial operations, are anticipated to be One Hundred Thousand
Dollars ($100,000.00), which will be eligible for reimbursement from Debt proceeds.
In addition to the capital costs of the Public Improvements, the District will require
operating funds for Operation and Maintenance Costs including administration and to plan and
cause the Public Improvements to be constructed and maintained, and for ongoing
administrative, accounting and legal costs. The first year's operating budget is estimated to be
Fifty Thousand Dollars ($50,000.00) which is anticipated to be derived from property taxes and
other revenues.
• TI • _ A 1L
Commensurate with the initial imposition of a debt service mill levy, the District hereby
agrees that it shall impose the Town O&M Mill Levy. The District's obligation to impose and
collect the revenues from the Town O&M Mill Levy shall begin when the District first imposes a
debt service mill levy and shall not be required to be imposed prior to such date. The District's
imposition of a Town O&M Mill Levy shall be memorialized in the Intergovernmental
Agreement required by Section X below. The revenues received from the Town O&M Mill Levy
shall be remitted to the Town annually or in accordance with the specific timeframe referenced
in the Intergovernmental Agreement. Revenues generated by the Town O&M Mill Levy and the
District's obligation to remit said revenues to the Town on an annual basis, as required by this
Service Plan and the Intergovernmental Agreement, shall not be included within or subject to the
Total Debt Limit. The Town O&M Mill Levy shall be separate and apart from the Maximum
Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy and the Maximum
Aggregate Mill Levy. The Town O&M Mill Levy shall not extend beyond 40 years from the
first imposition of such levy.
VII. ANNUAL REPORT
A. General.
The District shall be responsible for submitting an annual report to the Town Clerk no
later than October 1 st of each year.
B. Reporting of Significant Events.
The annual report shall include information as to any of the following pursuant to Section
32-1-207(3)(C) and (D), C.R.S., as may be amended from time to time:
16
4865-2735-3565, v. 1
1. Boundary changes made or proposed to the District's boundary as of
December 31 st of the prior year.
2. Copies of the District's rules and regulations, if any, as of December 31 st
of the prior year.
3. A summary of any litigation which involves the Public Improvements as
of December 31 st of the prior year; provided however, that if there has been filed with the
District any notice or claim of action that would result in financial obligations to be borne by
taxpayers of the District, the District shall immediately send written notice to the Town and shall
post a notice of any such claim on the District's website.
4. Status of the District's construction of the Public Improvements as of
December 31 st of the prior year.
5. A list of all facilities and improvements constructed by the District that
have been dedicated to and accepted by the Town as of December 31 st of the prior year.
6. Notice of any uncured events of default by the District, which continue
beyond a ninety (90) day period, under any Debt instrument.
7. Any inability of the District to pay its obligations as they come due, in
accordance with the terms of such obligations, which continue beyond a ninety (90) day period.
8. Any alteration or revision of the proposed schedule of Debt issuance set
forth in the Financial Plan.
9. Intergovernmental agreements entered into or terminated with other
governmental entities.
10. The final assessed valuation of the special district as of December 31 st of
the reporting year.
11. A copy of the current year's budget.
12. A copy of the audited financial statements, if required by the "Colorado
Local Government Audit Law," part 6 of article 1 of title 29, or the application for exemption
from audit, as applicable.
VIII. DISSOLUTION
Upon an independent determination of the Town Board that the purposes for which the
District was created have been accomplished, the District shall dissolve upon payment or
defeasance of all Debt incurred or upon a court determination that adequate provision has been
made for the payment of all Debt, except that if the District has ongoing operation and
maintenance functions and or covenant enforcement functions the District shall not be required
to dissolve. Additionally, if the Board of Directors of the District determines that the existence of
the District is no longer necessary to accomplish the purposes set forth in this Service Plan, the
17
4865-2735-3565. v. 1
Board of Directors of the District shall promptly effectuate the dissolution of that District, except
that if the District has covenant enforcement functions, the District shall not be dissolved.
IX. DISCLOSURE NOTICES
A. In order to notify future End Users who are purchasing residential lots or
dwellings units in the District Boundaries that they will be paying, in addition to the property
taxes owed to other taxing governmental entities, property taxes imposed by the District to pay
Debt and Operation and Maintenance Costs, the District shall, prior to the issuance of Debt:
1. Prepare and submit to the Town Manager for his or her approval a written
notice to purchasers of property within the District, in substantially the form attached
hereto as Exhibit G (the "Disclosure Notice"). After approval of the Disclosure Notice
by the Town Manager, the District shall record the Disclosure Notice in the Weld County
Cleric and Recorder's Office against all property not already owned by an End User; and
2. Use reasonable efforts to assure that all builders of residential lots or
dwellings units within the District provide the Disclosure Notice to each potential End
User purchaser of a residential lot or dwelling unit in the District Boundaries before that
purchaser enters into a written agreement for the purchase and sale of that residential lot
or dwelling unit.
B. To ensure that potential residential buyers are educated about the District, the
District will also use reasonable efforts and due diligence to provide the Disclosure Notice to the
developer or home builders for prominent display at all sales offices, and by inspecting the sales
offices within the District's boundaries on a quarterly basis to assure the information provided is
accurate and prominently displayed.
C. Within the time required by Section 32-1-104.5, C.R.S., the District will create a
public website on which the District will timely post information related to upcoming meetings
and elections, and will make available relevant District documents and information, including,
but not limited to, the service plan, Board meeting minutes, annual budgets, audits, and annual
reports.
D. The District will provide annual notice to all eligible electors of the District, in
accordance with Section 32-1-809, C.R.S. In addition, the District shall record a District public
disclosure document and a map of the District boundaries with the Cleric and Recorder of each
County in which District property is located, in accordance with Section 32-1-104.8, C.R.S.
X. INTERGOVERNMENTAL AGREEMENT
The form of the Intergovernmental Agreement, relating to the limitations imposed on the
District's activities, is attached hereto as Exhibit F. The District shall approve the
Intergovernmental Agreement at its first Board meeting after approval of this Service Plan and
shall deliver the executed Intergovernmental Agreement to the Town. The Intergovernmental
Agreement may be amended from time to time by the District and the Town, and may include
written consents and agreements of the Town as required throughout this Service Plan (e.g.,
amendments to address the District's imposition of Fees for services, programs or facilities
18
4865-2735-3565, v. 1
furnished by the District pursuant to Section V.A.20 ("Fee Amendments")). Alternatively, such
written consents of the Town may be obtained by the District without amending the
Intergovernmental Agreement, and the Town and the District may execute additional written
agreements concerning matters set forth in this Service Plan. In the event that the District is
required under this Service Plan or the Intergovernmental Agreement to propose any Fee
Amendment to the Town, the Town Board shall make its determination as to such Fee
Amendment in writing to the District within sixty (60) days after submittal of the Fee
Amendment by the District, unless the Town and District mutually agree to a different date.
The District is located within the Firestone South Urban Renewal Plan Area and
anticipates entering into a Cooperation Agreement with the Firestone Urban Renewal Authority
(the "URA")following their organization that would provide for any tax increment received by
the URA associated with the District's mill levy will be remitted back to the District (the "FURA
Agreement").
Except for such Intergovernmental Agreement with the Town, the FURA Agreement, any
intergovernmental agreements between or among the District and other governmental entities
contemplated in this Service Plan, and any intergovernmental agreement proposed regarding the
subject matter of this Service Plan shall be subject to review and approval by the Town prior to
its execution by the District. Such Town review and approval shall be with reference to whether
the intergovernmental agreement(s) are in compliance with this Service Plan, the
Intergovernmental Agreement, and the terms of the Approved Development Plan or other
instrument related to the Public Improvements.
XI. NON-COMPLIANCE WITH SERVICE PLAN
In the event it is determined that the District has undertaken any act or omission which
violates the Service Plan or constitutes a material departure from the Service Plan, the Town,
after first notifying the District in writing of such material departure and affording the District a
cure period not to exceed 90 days, may pursue for such violation all remedies available at law or
in equity, including without limitation affirmative injunctive relief to require the District to act in
accordance with the provisions of this Service Plan. To the extent permitted by law, the District
hereby waives the provisions of Section 32-1-207(3)(b), C.R.S., and agree it will not rely on such
provisions as a bar to the enforcement by the Town of any provisions of this Service Plan.
XII. CONCLUSION
It is submitted that this Service Plan for the District, as required by Section 32-1-203(2),
C.R.S., establishes that:
1. There is sufficient existing and projected need for organized service in the
area to be serviced by the District;
2. The existing service in the area to be served by the District is inadequate
for present and projected needs;
3. The District is capable of providing economical and sufficient service to
the area within its proposed boundaries; and
19
4865-2735-3565, v. 1
4. The area to be included in the District has, or will have, the financial
ability to discharge the proposed indebtedness on a reasonable basis.
rO
4865-2735-3565, v. 1
EXHIBIT A
Vicinity Map
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4865-2735-3565, v. 1
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LEGAL DESCRIPTION
PER LAND TITLE GUARANTEE COMPANY COMMITMENT NO. ABC25202203, WITH
AN EFFECTIVE DATE OF 12/05/2022 AT 5:00 P.M.
ALL OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD
COUNTY, COLORADO, BEING A PART OF THE TOWN OF FIRESTONE;
(1) EXCEPTING THEREFROM THAT PORTION CONVEYED TO UNION PACIFIC
RAILROAD COMPANY BY
DEED RECORDED JUNE 13, 1910 IN BOOK 320 AT PAGE 187; ALSO
(#2) EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE WELD COUNTY
TRI-AREA
SANITATION DISTRICT BY DEED RECORDED SEPTEMBER 10, 1956 IN BOOK 1459 AT
PAGE 398; ALSO
(#3) EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE WELD COUNTY
TRI-AREA
SANITATION DISTRICT BY DEED RECORDED SEPTEMBER 10, 1956 IN BOOK 1459 AT
PAGE 399; ALSO
(#4) EXCEPTING THEREFROM THAT PORTION CONTAINED IN RULE AND ORDER
RECORDED MAY 31,
1968 IN BOOK 595 AS RECEPTION NO. 1517031; ALSO
(#5) EXCEPTING THEREFROM THAT PORTION PLATTED AS THE ZADEL RANCH,
WESTWIND VILLAGE
RECORDED JUNE 15, 1978 IN BOOK 835 AS RECEPTION NO. 1756842; ALSO
(#6) EXCEPTING THEREFROM A TRACT OF LAND WHICH IS DESCRIBED AS:
BEGINNING AT THE
SOUTHEAST CORNER OF SAID SECTION 19; THENCE ALONG THE SOUTH LINE OF
THE SE 1/4 OF SAID
SECTION, SOUTH 89 DEGREES 40' 59" WEST 341.38 FEET; THENCE NORTH 00
DEGREES 10' 1" WEST 50
FEET; THENCE NORTH 43 DEGREES 00' 00" WEST 753 FEET; THENCE NORTH 02
DEGREES 00' 00"
WEST 708.21 FEET; THENCE SOUTH 88 DEGREES 00' 00" WEST 179.90 FEET TO THE
EASTERLY RIGHT
OF WAY LINE OF THE SOUTH PLATTE SUPPLY CANAL; THENCE ALONG SAID
RIGHT OF WAY LINE THE
FOLLOWING TEN COURSES: NORTH 46 DEGREES 02' 09" EAST 344.20 FEET; THENCE
NORTH 28
DEGREES 05' 09" EAST 148.30 FEET; THENCE NORTH 05 DEGREES 23' 09" EAST 123.20
FEET; THENCE
NORTH 39 DEGREES 45' 51" WEST 179.60 FEET; THENCE NORTH 28 DEGREES 45' 51"
WEST 48.90 FEET;
THENCE NORTH 61 DEGREES 14' 09" EAST 5.00 FEET; THENCE NORTH 28 DEGREES
45' 51" WEST
319.50 FEET; THENCE NORTH 48 DEGREES 14' 09' EAST 635.50 FEET; THENCE SOUTH
41 DEGREES 55'
B-2
4865-2735-3565, v. 1
51" EAST 30 FEET; THENCE NORTH 48 DEGREES 4' 09" EAST 570.66 FEET TO THE
EAST LINE OF SAID
SECTION; THENCE ALONG SAID EAST LINE SOUTH 01 DEGREES 51' 36" EAST
3038.83 FEET MORE OR
LESS TO THE POINT OF BEGINNING; ALSO
(#7) EXCEPTING THEREFROM THAT PORTION PLATTED AS THE ZADEL RANCH,
COMMERCE VILLAGE RECORDED SEPTEMBER 29, 1982 AT RECEPTION NO.
1905061; ALSO
(#8) EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE TOWN OF
FIRESTONE BY DEED
RECORDED JUNE 15, 1992 IN BOOK 1339 AS RECEPTION NO.2291849; ALSO
(#9) EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE TOWN OF
FIRESTONE BY SPECIAL
WARRANTY DEED RECORDED MAY 30, 2001 AT RECEPTION NO. 2852704; ALSO
(#10) EXCEPTING THEREFROM THAT PORTION CONVEYED TO SADDLEBACK
MARKETING, LLC, A
COLORADO LIMITED LIABILITY COMPANY BY WARRANTY DEED RECORDED
SEPTEMBER 15, 2003 AT
RECEPTION NO. 3106297; ALSO
(#11) EXCEPTING THEREFROM THAT PORTION CONVEYED TO FULL SPECTRUM
HOMES
CORPORATION, A COLORADO CORPORATION BY WARRANTY DEED RECORDED
JANUARY 11, 2001 AT
RECEPTION NO. 2818639; ALSO
(#12) EXCEPTING THEREFROM THAT PORTION CONVEYED TO SADDLEBACK
MARKETING, LLC, A
COLORADO LIMITED LIABILITY COMPANY BY WARRANTY DEED RECORDED
AUGUST 24, 2005 AT
RECEPTION NO. 3316419; ALSO
(#13) EXCEPTING THEREFROM THAT PORTION PLATTED AS FIRESTONE RETAIL
CENTER RECORDED
JULY 30, 2004 AT RECEPTION NO. 3204318; ALSO
(#14) EXCEPTING THEREFROM THAT PORTION CONVEYED TO SADDLEBACK GOLF
CLUB, LLC, A
COLORADO LIMITED LIABILITY COMPANY BY QUITCLAIM DEED RECORDED
DECEMBER 13, 2000 AT
RECEPTION NO. 2813045 AND RE -RECORDED JANUARY 11, 2001 AT RECEPTION NO.
2818638,
COUNTY OF WELD, STATE OF COLORADO.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/2 OF SECTION 19, TOWNSHIP
2 NORTH RANGE 67
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
• om •• l alwAki
.
• •
B-3
4865-2735-3565, v. 1
CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 TO
BEAR NORTH
89030'43" WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19;
THENCE NORTH 89030'43" WEST, COINCIDENT WITH THE SOUTH LINE OF THE
SOUTHEAST 1/4 OF SAID
SECTION 19, A DISTANCE OF 341.38 FEET TO THE SOUTHWEST CORNER OF THAT
PARCEL OF LAND
DESCRIBED IN DEED RECORDED APRIL 2, 2018 AS RECEPTION NO. 4387530 IN THE
RECORDS OF THE
CLERK AND RECORDER FOR WELD COUNTY, COLORADO;
THENCE COINCIDENT WITH THE WEST LINE OF SAID PARCEL THE FOLLOWING
FOUR (4) COURSES
AND DISTANCES:
1) NORTH 00°18'24" EAST, A DISTANCE OF 49.81 FEET;
2) NORTH 42-11'33" WEST, A DISTANCE OF 752.91 FEET;
3) NORTH O1°10'53" WEST, A DISTANCE OF 708.29 FEET;
4) SOUTH 88°44'51" WEST, A DISTANCE OF 180.09 FEET TO THE SOUTHERLY RIGHT-
OF-WAY LINE OF
THE COAL RIDGE IRRIGATION CANAL AS DESCRIBED IN DEED RECORDED
DECEMBER 6, 1955 AS
RECEPTION NO. 1218436 IN THE RECORDS OF THE CLERK AND RECORDER FOR
WELD COUNTY,
COLORADO;
THENCE COINCIDENT WITH SAID SOUTHERLY RIGHT-OF-WAY LINE THE
FOLLOWING FOUR (4)
COURSES AND DISTANCES:
1) SOUTH 74°28'00" WEST, A DISTANCE OF 316.91 FEET;
2) SOUTH 49°53'59" WEST, A DISTANCE OF 525.83 FEET;
3) SOUTH 18°02'04" WEST, A DISTANCE OF 242.08 FEET;
4) SOUTH 60°42'02" WEST, A DISTANCE OF 23.56 FEET TO THE NORTHEAST CORNER
OF ZADEL
RANCH WESTWIND VILLAGE, AS SHOWN ON THE PLAT RECORDED JUNE 15, 1978
AS RECEPTION NO.
1756842 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY,
COLORADO;
THENCE SOUTH 32009'49" EAST, COINCIDENT TO THE EAST LINE OF SAID ZADEL
RANCH WESTWIND
VILLAGE, A DISTANCE OF 252.83 FEET;
THENCE SOUTH 00030'46" WEST, COINCIDENT TO THE EAST LINE OF SAID ZADEL
RANCH WESTWIND
VILLAGE, A DISTANCE OF 420.85 FEET TO THE SOUTHEAST CORNER OF SAID
SUBDIVISION AND THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19;
B-4
4865-2735-3565, v. 1
THENCE SOUTH 89030'43" EAST, COINCIDENT WITH SAID SOUTH LINE, A
DISTANCE OF 1372.32 FEET
TO THE TRUE POINT OF BEGINNING.
LEGAL DESCRIPTION PREPARED BY:
AMERICAN WEST LAND SURVEYING CO.
P.O. BOX 129, BRIGHTON, CO. 80601
PHONE: 303-659-1532
FAX: 303-655-0575
JOB NO. 18-216
DATED: MAY 23, 2018
B-5
4865-2735-3565, v. 1
EXHIBIT C
Intentionally Deleted
C-1
4865-2735-3565, v. 1
EXHIBIT D
Financial Plan
D-1
4865-2735-3565, v. 1
PIPER ( SANDLER
Coal Ridge Metropolitan District
Weld County, Colorado
General Obligation Bonds, Series 2025
General Obligation Refunding & Improvement Bonds, Series 2035
Service Plan
Bond Assumptions Series 2025 Series 2035 Total
Closing Date
12/1/2025
12/1/2035
First Call Date
12/1/2030
12/1/2045
Final Maturity
12/1/2055
12/1/2065
Discharge Date
12/2/2065
12/2/2065
Sources of Funds
Par Amount
8,235,000
14,960,000
Funds on Hand
0
393,000
Total
8,235,000
15,353,000
Uses of Funds
Project Fund
5,879,050
6,146,200 12,025,250=
Refunding Escrow
0
8,005,000
Capitalized Interest
1,235,250
0
Reserve Fund
0
927,000
Surplus Deposit
706,000
0
Cost of Issuance
414,700
274,800
Total
8,235,000
15,353,000
Debt Features
Projected Coverage at Mill Levy Cap
1.0ox
1.0ox
Tax Status
Tax -Exempt
Tax -Exempt
Interest Payment Type
Current
Current
Rating
Non -Rated
Investment Grade
Coupon (Interest Rate)
5.000%
3.000%
Annual Trustee Fee
$4,000
$4,000
Biennial Reassessment
Residential
Tax Authority Assumptions
Metropolitan District Revenue
6.00% 6.00%
Residential Assessment Ratio
Service Plan Base Year 2024
Single Family Residential Base Rate 7.15%
Debt Service Mills
Service Plan Mill Levy Cap 55.000
Specific Ownership Tax 6.00%
County Treasurer Fee 1.50%
Operations
Mill Levy 10.000
Town
Mill Levy 3.000
2/23/2024
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a
SOURCES AND USES OF FUNDS
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION BONDS, SERIES 2025
Dated Date 12/01 /2025
Delivery Date 12/01 /2025
Sources:
Bond Proceeds:
Par Amount
8,235,000.00
8,235,000.00
Uses:
Project Fund Deposits:
Project Fund
5,879,050.00
Other Fund Deposits:
Capitalized Interest Fund
1,235,250.00
Surplus Deposit
706,000.00
1,941,250.00
Cost of Issuance:
Cost of Issuance
250,000.00
Delivery Date Expenses:
Underwriter's Discount
164,700.00
8,235,000.00
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group (Finance 8.901 Coal Ridge MD:C_022324-2025)
BOND SUMMARY STATISTICS
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION BONDS, SERIES 2025
Dated Date
12/01 /2025
Delivery Date
12/01/2025
Last Maturity
12/01/2055
Arbitrage Yield
5.000000%
True Interest Cost (TIC)
5.151631 %
Net Interest Cost (NIC)
5.086113%
All -In TIC
5.390540%
Average Coupon
5.000000%
Average Life (years)
23.225
Duration of Issue (years)
13.606
Par Amount
8,235,000.00
Bond Proceeds
8,235,000.00
Total Interest
9,563,000.00
Net Interest
9,727,700.00
Total Debt Service
17,798,000.00
Maximum Annual Debt Service
866,250.00
Average Annual Debt Service
593,266.67
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
20.000000
Total Underwriter's Discount 20.000000
Bid Price 98.000000
Par
Average
Average
Bond Component
Value
Price Coupon
Life
Term Bond Due 2055
8,235,000.00
100.000 5.000%
23.225
8,235,000.00
23.225
All -In
Arbitrage
TIC
TIC
Yield
Par Value
8,235,000.00
8,235,000.00
8,235,000.00
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount
(164,700.00)
(164,700.00)
- Cost of Issuance Expense
(250,000.00)
- Other Amounts
Target Value
8,070,300.00
7,820,300.00
8,235,000.00
Target Date
12/01 /2025
12/01 /2025
12/01 /2025
Yield
5.151631 %
5.390540%
5.000000%
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group
(Finance 8.901 Coal Ridge MD:C_022324-2025)
9
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COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION BONDS, SERIES 2025
Maturity
Bond Component Date
Amount
Rate
Yield
Price
Term Bond Due 2055:
12/01 /2026
5.000%
5.000%
100.000
12/01/2027
5.000%
5.000%
100,000
12/01/2028
5.000%
5.000%
100.000
12/01 /2029
5.000%
5.000%
100.000
12/01/2030
5.000%
5.000%
100.000
12/01 /2031
5.000%
5.000%
100.000
12/01/2032
40,000
5.000%
5.000%
100.000
12/01/2033
45,000
5.000%
5.000%
100.000
12/01/2034
70,000
5.000%
5.000%
100,000
12/01/2035
75,000
5.000%
5.000%
100.000
12/01/2036
110,000
5.000%
5.000%
100.000
12/01/2037
115,000
5.000%
5.000%
100.000
12/01/2038
150,000
5.000%
5.000%
100.000
12/01/2039
160,000
5.000%
5.000%
100.000
12/01/2040
200,000
5.000%
5.000%
100.000
12/01/2041
210,000
5.000%
5.000%
100.000
12/01/2042
255,000
5.000%
5.000%
100.000
12/01 /2043
265,000
5.000%
5.000%
100.000
12/01 /2044
315,000
5.000%
5.000%
100.000
12/01 /2045
335,000
5.000%
5.000%
100.000
12/01 /2046
390,000
5.000%
5.000%
100.000
12/01 /2047
410,000
5.000%
5.000%
100.000
12/01 /2048
470,000
5.000%
5.000%
100.000
12/01 /2049
495,000
5.000%
5.000%
100.000
12/01 /2050
560,000
5.000%
5.000%
100.000
12/01/2051
590,000
5.000%
5.000%
100.000
12/01/2052
665,000
5.000%
5.000%
100,000
12/01/2053
700,000
5.000%
5.000%
100.000
12/01 /2054
785,000
5.000%
5.000%
100.000
12/01 /2055
825,000
5.000%
5.000%
100.000
8,235,000
Dated Date
12/01 /2025
Delivery Date
12/01 /2025
First Coupon
06/01/2026
Par Amount
8,235,000.00
Original Issue Discount
Production
Underwriter's Discount
Purchase Price
Accrued Interest
Net Proceeds
8, 235, 000.00 100.000000%
(164,700.00) (2.000000%)
8,070,300.00 98.000000%
8,070,300.00
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group
(Finance 8.901 Coal Ridge MD:C_022324-2025)
NET DEBT SERVICE
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION BONDS, SERIES 2025
Period
Ending
Principal
Coupon
Interest
Total
Debt Service
Capitalized
Interest
Fund
Net
Debt Service
12/01/2026
411,750
411,750
411,750
12/01/2027
411,750
411,750
411,750
12/01/2028
411,750
411,750
411,750
12/01/2029
411,750
411,750
411,750
12/01/2030
411,750
411,750
411,750
12/01/2031
411,750
411,750
411,750
12/01/2032
40,000
5,000%
411,750
451,750
451,750
12/01/2033
45,000
5.000%
409,750
454,750
454,750
12/01/2034
70,000
5.000%
407,500
477,500
477,500
12/01/2035
75,000
5,000%
404,000
479,000
479,000
12/01/2036
110,000
5.000%
400,250
510,250
510,250
12/01/2037
115,000
5,000%
394,750
509,750
509,750
12/01/2038
150,000
5.000%
389,000
539,000
539,000
12/01/2039
160,000
5.000%
381,500
541,500
541,500
12/01/2040
200,000
5.000%
373,500
573,500
573,500
12/01/2041
210,000
5,000%
363,500
573,500
573,500
12/01/2042
255,000
5.000%
353,000
608,000
608,000
12/01/2043
265,000
5.000%
340,250
605,250
605,250
12/01/2044
315,000
5.000%
327,000
642,000
642,000
12/01/2045
335,000
5,000%
311,250
646,250
646,250
12/01/2046
390,000
5.000%
294,500
684,500
684,500
12/01/2047
410,000
5.000%
275,000
685,000
685,000
12/01/2048
470,000
5.000%
254,500
724,500
724,500
12/01/2049
495,000
5.000%
231,000
726,000
726,000
12/01/2050
560,000
5.000%
206,250
766,250
766,250
12/01/2051
590,000
5,000%
178,250
768,250
768,250
12/01/2052
665,000
5.000%
148,750
813,750
813,750
12/01/2053
700,000
5.000%
115,500
815,500
815,500
12/01/2054
785,000
5.000%
80,500
865,500
865,500
12/01/2055
825,000
5.000%
41,250
866,250
866,250
8,235,000
9,563,000
17,798,000
1,235,250
16,562,750
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group
(Finance 8.901 Coal Ridge MD:C_022324-2025)
Sri
BOND DEBT SERVICE
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION BONDS, SERIES 2025
Period
Ending
Principal
Coupon
Interest
Debt
Service
Annual
Debt
Service
06/01/2026
205,875
205,875
12/01/2026
205,875
205,875
411,750
06/01/2027
205,875
205,875
12/01/2027
205,875
205,875
411,750
06/01/2028
205,875
205,875
12/01/2028
205,875
205,875
411,750
06/01/2029
205,876
205,875
12/01/2029
205,876
205,875
411,750
06/01/2030
205,875
205,875
12/01/2030
205,875
205,875
411,750
06/01/2031
205,875
205,875
12/01/2031
205,875
205,875
411,750
06/01/2032
205,875
205,875
12/01/2032
40,000
5.000%
205,875
245,875
451,750
06/01/2033
204,875
204,875
12/01/2033
45,000
5.000%
204,875
249,875
454,750
06/01/2034
203,750
203,750
12/01/2034
70,000
5.000%
203,750
273,750
477,500
06/01/2035
202,000
202,000
12/01/2035
75,000
5.000%
202,000
277,000
479,000
06/01/2036
200,125
200,125
12/01/2036
110,000
5.000%
200,125
310,125
510,250
06/01 /2037
197,375
197,375
12/01/2037
115,000
5.000%
197,375
312,375
509,750
06/01 /2038
194,500
194,500
12/01/2038
150,000
5.000%
194,500
344,500
539,000
06/01 /2039
190,750
190,750
12/01/2039
160,000
5.000%
190,750
350,750
541,500
06/01 /2040
186,750
186,750
12/01/2040
200,000
5.000%
186,750
386,750
573,500
06/01/2041
181,750
181,750
12/01/2041
210,000
5.000%
181,750
391,750
573,500
06/01 /2042
176,500
176,500
12/01/2042
255,000
5.000%
176,500
431,500
608,000
06/01 /2043
170,125
170,125
12/01/2043
265,000
5.000%
170,125
435,125
605,250
06/01 /2044
163,500
163,500
12/01/2044
315,000
5.000%
163,500
478,500
642,000
06/01/2045
155,625
155,625
12/01/2045
335,000
5.000%
155,625
490,625
646,250
06/01 /2046
147,250
147,250
12/01/2046
390,000
5.000%
147,250
537,250
684,500
06/01 /2047
137,500
137,500
12/01/2047
410,000
5.000%
137,500
547,500
685,000
06/01 /2048
127,250
127,250
12/01/2048
470,000
5.000%
127,250
597,250
724,500
06/01 /2049
115,500
115,500
12/01/2049
495,000
5.000%
115,500
610,500
726,000
06/01 /2050
103,125
103,125
12/01/2050
560,000
5.000%
103,125
663,125
766,250
06/01/2051
89,125
89,125
12/01/2051
590,000
5.000%
89,125
679,125
768,250
06/01/2052
74,375
74,375
12/01/2052
665,000
5.000%
74,375
739,375
813,750
06/01/2053
57,750
57,750
12/01/2053
700,000
5.000%
57,750
757,750
815,500
06/01/2054
40,250
40,250
12/01/2054
785,000
5.000%
40,250
825,250
865,500
06/01/2055
20,625
20,625
12/01/2055
825,000
5.000%
20,625
845,625
866,250
8,235,000
9,563,000
17,798,000
17,798,000
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group
(Finance 8.901 Coal Ridge MD:C_022324-2025)
12
CALL PROVISIONS
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION BONDS, SERIES 2025
Call Table: CALL
Call Date Call Price
12/01 /2030
103.00
12/01 /2031
102.00
12/01 /2032
101.00
12/01 /2033
100.00
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group (Finance 8.901 Coal Ridge MD:C_022324-2025)
13
BOND SOLUTION
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION BONDS, SERIES 2025
Period
Ending
Proposed
Principal
Proposed
Debt Service
Debt Service
Adjustments
Total Adj
Debt Service
Revenue
Constraints
Unused
Revenues
Debt Service
Coverage
12/01/2026
411,750
(411,750)
12/01/2027
411,750
(411,750)
9,023
9,023
12/01/2028
411,750
(411,750)
68,474
68,474
12/01/2029
411,750
411,750
170,695
(241,055)
41.46%
12/01/2030
411,750
411,750
283,097
(128,653)
68.75%
12/01/2031
411,750
411,750
380,331
(31,419)
92.37%
12/01 /2032
40,000
451,750
451,750
454,807
3,057
100.68%
12/01/2033
45,000
454,750
454,750
454,807
57
100.01%
12/01/2034
70,000
477,500
477,500
482,335
4,835
101.01%
12/01/2035
75,000
479,000
479,000
482,335
3,335
100.70%
12/01/2036
110,000
510,250
510,250
511,515
1,265
100.25%
12/01/2037
115,000
509,750
509,750
511,515
1,765
100.35%
12/01/2038
150,000
539,000
539,000
542,446
3,446
100.64%
12/01/2039
160,000
541,500
541,500
542,446
946
100.17%
12/01/2040
200,000
573,500
573,500
575,233
1,733
100.30%
12/01/2041
210,000
573,500
573,500
575,233
1,733
100.30%
12/01/2042
255,000
608,000
608,000
609,987
1,987
100.33%
12/01/2043
265,000
605,250
605,250
609,987
4,737
100.78%
12/01/2044
315,000
642,000
642,000
646,826
4,826
100.75%
12/01/2045
335,000
646,250
646,250
646,826
576
100.09%
12/01/2046
390,000
684,500
684,500
685,876
1,376
100.20%
12/01/2047
410,000
685,000
685,000
685,876
876
100.13%
12/01/2048
470,000
724,500
724,500
727,269
2,769
100.38%
12/01/2049
495,000
726,000
726,000
727,269
1,269
100.17%
12/01/2050
560,000
766,250
766,250
771,145
4,895
100.64%
12/01/2051
590,000
768,250
768,250
771,145
2,895
100.38%
12/01/2052
665,000
813,750
813,750
817,653
3,903
100.48%
12/01/2053
700,000
815,500
815,500
817,653
2,153
100.26%
12/01/2054
785,000
865,500
865,500
866,953
1,453
100.17%
12/01/2055
825,000
866,250
866,250
866,953
703
100.08%
8,235,000
17,798,000
(1,235,250)
16,562,750
16,295,712
(267,038)
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group
(Finance 8.901 Coal Ridge MD:C_022324-2025)
14
SOURCES AND USES OF FUNDS
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2035
Dated Date 12/01 /2035
Delivery Date 12/01 /2035
Sources:
Bond Proceeds:
Par Amount
14,960,000.00
Other Sources of Funds:
Surplus Fund
393,000.00
15,353,000.00
Uses:
Project Fund Deposits:
Project Fund
6,146,200.00
Refunding Escrow Deposits:
Cash Deposit
8,005,000.00
Other Fund Deposits:
Debt Service Reserve Fund
927,000.00
Cost of Issuance:
200,000.00
Delivery Date Expenses:
Underwriter's Discount
74,800.00
15,353,000.00
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group (Finance 8.901 Coal Ridge MD:C_022324-35R25,35R25)
15
BOND SUMMARY STATISTICS
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2035
Dated Date
12/01 /2035
Delivery Date
12/01 /2035
Last Maturity
12/01 /2065
Arbitrage Yield
3.000000%
True Interest Cost (TIC)
3.032428%
Net Interest Cost (NIC)
3.022974%
All -In TIC
3.120228%
Average Coupon
3.000000%
Average Life (years)
21.763
Duration of Issue (years)
15.678
Par Amount
14,960,000.00
Bond Proceeds
14,960,000.00
Total Interest
9,767,400.00
Net Interest
9,842,200.00
Total Debt Service
24,727,400.00
Maximum Annual Debt Service
2,085,750.00
Average Annual Debt Service
824,246.67
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
5.000000
Total Underwriter's Discount 5.000000
Bid Price 99,500000
Par
Average
Average
Bond Component
Value
Price Coupon
Life
Term Bond due 2065
14,960,000.00
100.000 3.000%
21.763
14,960,000.00
21.763
All -In
Arbitrage
TIC
TIC
Yield
Par Value
14,960,000.00
14,960,000.00
14,960,000.00
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount
(74,800.00)
(74,800.00)
- Cost of Issuance Expense
(200,000.00)
- Other Amounts
Target Value
14,885,200.00
14,685,200.00
14,960,000.00
Target Date
12/01 /2035
12/01 /2035
12/01 /2035
Yield
3,032428%
3.120228%
3.000000%
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group
(Finance 8.901 Coal Ridge MD:C_022324-35R25,35R25)
BOND PRICING
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2035
Maturity
Bond Component Date
Amount
Rate
Yield
Price
Term Bond due 2065:
12/01 /2036
60,000
3.000%
3.000%
100.000
12/01 /2037
60,000
3.000%
3.000%
100.000
12/01/2038
95,000
3.000%
3.000%
100.000
12/01 /2039
95,000
3.000%
3.000%
100.000
12/01 /2040
135,000
3.000%
3.000%
100.000
12/01 /2041
135,000
3.000%
3.000%
100.000
12/01 /2042
175,000
3.000%
3.000%
100.000
12/01 /2043
180,000
3.000%
3,000%
100.000
12/01 /2044
225,000
3.000%
3.000%
100.000
12/01 /2045
230,000
3.000%
3.000%
100.000
12/01 /2046
275,000
3.000%
3.000%
100.000
12/01 /2047
285,000
3.000%
3.000%
100.000
12/01/2048
335,000
3.000%
3,000%
100,000
12/01/2049
345,000
3.000%
3.000%
100.000
12/01/2050
400,000
3.000%
3,000%
100.000
12/01/2051
410,000
3.000%
3.000%
100.000
12/01/2052
470,000
3.000%
3.000%
100.000
12/01/2053
485,000
3.000%
3.000%
100.000
12/01/2054
550,000
3.000%
3.000%
100.000
12/01/2055
565,000
3.000%
3.000%
100.000
12/01/2056
635,000
3,000%
3.000%
100.000
12/01/2057
650,000
3.000%
3.000%
100.000
12/01/2058
725,000
3.000%
3.000%
100.000
12/01/2059
750,000
3.000%
3.000%
100.000
12/01/2060
830,000
3.000%
3.000%
100.000
12/01/2061
855,000
3.000%
3.000%
100.000
12/01/2062
945,000
3.000%
3.000%
100.000
12/01/2063
970,000
3.000%
3.000%
100,000
12/01/2064
1,065,000
3.000%
3.000%
100.000
12/01/2065
2,025,000
3.000%
3.000%
100,000
14,960,000
Dated Date
12/01 /2035
Delivery Date
12/01 /2035
First Coupon
06/01/2036
Par Amount
14,960,000.00
Original Issue Discount
Production
14,960,000.00 100.000000%
Underwriter's Discount
(74,800.00) (0.500000%)
Purchase Price
14,885,200.00 99,500000%
Accrued Interest
Net Proceeds 14,885,200.00
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group
(Finance 8.901 Coal Ridge MD:C_022324-35R25,35R25)
MINA
NET DEBT SERVICE
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2035
Period
Ending
Principal
Coupon
Interest
Total
Debt Service
Debt Service
Reserve Fund
Net
Debt Service
12/01/2036
60,000
3.000%
448,800
508,800
508,800
12/01/2037
60,000
3.000%
447,000
507,000
507,000
12/01/2038
95,000
3.000%
445,200
540,200
540,200
12/01/2039
95,000
3.000%
442,350
537,350
537,350
12/01/2040
135,000
3.000%
439,500
574,500
574,500
12/01/2041
135,000
3.000%
435,450
570,450
570,450
12/01/2042
175,000
3.000%
431,400
606,400
606,400
12/01 /2043
180,000
3.000%
426,150
606,150
606,150
12/01/2044
225,000
3.000%
420,750
645,750
645,750
12/01/2045
230,000
3.000%
414,000
644,000
644,000
12/01 /2046
275,000
3.000%
407,100
682,100
682,100
12/01/2047
285,000
3.000%
398,850
683,850
683,850
12/01/2048
335,000
3.000%
390,300
725,300
725,300
12/01/2049
345,000
3.000%
380,250
725,250
725,250
12/01/2050
400,000
3.000%
369,900
769,900
769,900
12/01/2051
410,000
3.000%
357,900
767,900
767,900
12/01/2052
470,000
3.000%
345,600
815,600
815,600
12/01/2053
485,000
3.000%
331,500
816,500
816,500
12/01/2054
550,000
3.000%
316,950
866,950
866,950
12/01/2055
565,000
3.000%
300,450
865,450
865,450
12/01/2056
635,000
3.000%
283,500
918,500
918,500
12/01/2057
650,000
3.000%
264,450
914,450
914,450
12/01/2058
725,000
3.000%
244,950
969,950
969,950
12/01/2059
750,000
3.000%
223,200
973,200
973,200
12/01/2060
830,000
3.000%
200,700
1,030,700
1,030,700
12/01/2061
855,000
3.000%
175,800
1,030,800
1,030,800
12/01/2062
945,000
3.000%
150,150
1,095,150
1,095,150
12/01 /2063
970,000
3.000%
121,800
1,091,800
1,091,800
12/01/2064
1,065,000
3.000%
92,700
1,157,700
1,157,700
12/01/2065
2,025,000
3.000%
60,750
2,085,750
927,000
1,158,750
14,960,000
9,767,400
24,727,400
927,000
23,800,400
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group (Finance 8.901 Coal Ridge MD:C_022324-35R25,35R25)
18
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2035
Period
Ending
Principal
Coupon
Interest
Debt
Service
Annual
Debt
Service
06/01/2036
224,400
224,400
12/01/2036
60,000
3.000%
224,400
284,400
508,800
06/01/2037
223,500
223,500
12/01/2037
60,000
3.000%
223,500
283,500
507,000
06/01/2038
222,600
222,600
12/01/2038
95,000
3.000%
222,600
317,600
540,200
06/01/2039
221,175
221,175
12/01/2039
95,000
3.000%
221,175
316,175
637,350
06/01/2040
219,750
219,750
12/01/2040
135,000
3.000%
219,750
354,750
574,500
06/01/2041
217,725
217,725
12/01/2041
135,000
3.000%
217,725
352,725
570,450
06/01/2042
215,700
215,700
12/01/2042
175,000
3.000%
216,700
390,700
606,400
06/01/2043
213,075
213,075
12/01/2043
180,000
3.000%
213,075
393,075
606,150
06/01/2044
210,375
210,375
12/01/2044
225,000
3.000%
210,375
435,375
645,750
06/01/2045
207,000
207,000
12/01/2045
230,000
3.000%
207,000
437,000
644,000
06/01/2046
203,550
203,550
12/01/2046
275,000
3.000%
203,550
478,550
682,100
06/01/2047
199,425
199,425
12/01/2047
285,000
3.000%
199,425
484,425
683,850
06/01 /2048
195,150
195,150
12/01/2048
335,000
3.000%
195,150
530,150
725,300
06/01 /2049
190,125
190,125
12/01/2049
345,000
3.000%
190,125
535,125
725,250
06/01 /2050
184,950
184,950
12/01/2050
400,000
3.000%
184,950
584,950
769,900
06/01/2051
178,950
178,950
12/01/2051
410,000
3.000%
178,950
588,950
767,900
06/01 /2052
172,800
172,800
12/01/2052
470,000
3.000%
172,800
642,800
815,600
06/01/2053
165,750
165,750
12/01/2053
485,000
3.000%
165,750
650,750
816,500
06/01 /2054
158,475
168,475
12/01/2054
550,000
3.000%
158,475
708,475
866,950
06/01 /2055
150,225
150,225
12/01/2055
565,000
3.000%
150,225
715,225
865,450
06/01 /2056
141,750
141,750
12/01/2056
635,000
3.000%
141,750
776,750
918,500
06/01/2057
132,225
132,225
12/01/2057
650,000
3.000%
132,225
782,225
914,450
06/01 /2058
122,475
122,475
12/01/2058
725,000
3.000%
122,475
847,475
969,950
06/01/2059
111,600
111,600
12/01/2059
750,000
3.000%
111,600
861,600
973,200
06/01 /2060
100,350
100,350
12/01/2060
830,000
3.000%
100,350
930,350
1,030,700
06/01/2061
87,900
87,900
12/01/2061
855,000
3.000%
87,900
942,900
1,030,800
06/01/2062
75,075
75,075
12/01/2062
945,000
3.000%
75,075
1,020,075
1,095,150
06/01/2063
60,900
60,900
12/01/2063
970,000
3.000%
60,900
1,030,900
1,091,800
06/01/2064
46,350
46,350
12/01/2064
1,065,000
3.000%
46,350
1,111,350
1,157,700
06/01/2065
30,375
30,375
12/01/2065
2,025,000
3.000%
30,375
2,055,375
2,085,750
14,960,000
9,767,400
24,727,400
24,727,400
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group
(Finance 8.901 Coal Ridge MD:C_022324-35R25,35R25)
19
CALL PROVISIONS
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2035
Call Table: CALL
Call Date Call Price
12/01 /2045 100.00
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group (Finance 8.901 Coal Ridge MD:C_022324-35R25,35R25)
20
SUMMARY OF BONDS REFUNDED
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2035
Maturity
Bond Date
Interest
Rate
Par
Amount
Call
Date
Call
Price
Series 2025, 2025, TERM55:
12/01 /2036
5.000%
110,000
12/01/2035
100.000
12/01/2037
5.000%
115,000
12/01/2035
100.000
12/01 /2038
5.000%
150,000
12/01/2035
100.000
12/01 /2039
5.000%
160,000
12/01/2035
100.000
12/01 /2040
5.000%
200,000
12/01/2035
100.000
12/01 /2041
5.000%
210,000
12/01/2035
100.000
12/01/2042
5.000%
255,000
12/01/2035
100.000
12/01 /2043
5.000%
265,000
12/01/2035
100.000
12/01/2044
5,000%
315,000
12/01/2035
100.000
12/01/2045
5.000%
335,000
12/01/2035
100.000
12/01/2046
5.000%
390,000
12/01/2035
100.000
12/01 /2047
5.000%
410,000
12/01/2035
100.000
12/01 /2048
5.000%
470,000
12/01/2035
100.000
12/01/2049
5.000%
495,000
12/01/2035
100.000
12/01 /2050
5.000%
560,000
12/01/2035
100.000
12/01/2051
5.000%
590,000
12/01/2035
100.000
12/01/2052
5.000%
665,000
12/01/2035
100.000
12/01/2053
5.000%
700,000
12/01/2035
100.000
12/01/2054
5.000%
785,000
12/01/2035
100.000
12/01/2055
5.000%
825,000
12/01/2035
100.000
8,005,000
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group
(Finance 8.901 Coal Ridge MD:C_022324-35R25,35R25)
21
ESCROW REQUIREMENTS
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2035
Dated Date 12/01/2035
Delivery Date 12/01/2035
Period Principal
Ending Redeemed Total
12/01/2035 8,005,000 8,005,000.00
8,005,000 8,005,000.00
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group
(Finance 8.901 Coal Ridge MD:C_022324-35R25,35R25)
WE
BOND SOLUTION
COAL RIDGE METROPOLITAN DISTRICT
Weld County, Colorado
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2035
Period
Ending
Proposed
Principal
Proposed
Debt Service
Debt Service
Adjustments
Total Adj
Debt Service
Revenue
Constraints
Unused
Revenues
Debt Service
Coverage
12/01/2036
60,000
508,800
508,800
511,515
2,715
100.53%
12/01/2037
60,000
507,000
507,000
511,515
4,515
100.89%
12/01/2038
95,000
540,200
540,200
542,446
2,246
100.42%
12/01/2039
95,000
537,350
537,350
542,446
5,096
100.95%
12/01/2040
135,000
574,500
574,500
575,233
733
100,13%
12/01/2041
135,000
570,450
570,450
575,233
4,783
100.84%
12/01/2042
175,000
606,400
606,400
609,987
3,587
100.59%
12/01/2043
180,000
606,150
606,150
609,987
3,837
100.63%
12/01/2044
225,000
645,750
645,750
646,826
1,076
100.17%
12/01/2045
230,000
644,000
644,000
646,826
2,826
100.44%
12/01/2046
275,000
682,100
682,100
685,876
3,776
100.55%
12/01/2047
285,000
683,850
683,850
685,876
2,026
100.30%
12/01/2048
335,000
725,300
725,300
727,269
1,969
100.27%
12/01/2049
345,000
725,250
725,250
727,269
2,019
100.28%
12/01/2050
400,000
769,900
769,900
771,145
1,245
100.16%
12/01/2051
410,000
767,900
767,900
771,145
3,245
100.42%
12/01/2052
470,000
815,600
815,600
817,653
2,053
100.25%
12/01/2053
485,000
816,500
816,500
817,653
1,153
100.14%
12/01/2054
550,000
866,950
866,950
866,953
3
100.00%
12/01/2055
565,000
865,450
865,450
866,953
1,503
100.17%
12/01/2055
635,000
918,500
918,500
919,210
710
100.08%
12/01/2057
650,000
914,450
914,450
919,210
4,760
100.52%
12/01/2058
725,000
969,950
969,950
974,602
4,652
100.48%
12/01/2059
750,000
973,200
973,200
974,602
1,402
100.14%
12/01/2060
830,000
1,030,700
1,030,700
1,033,318
2,618
100.25%
12/01/2061
855,000
1,030,800
1,030,800
1,033,318
2,518
100.24%
12/01/2062
945,000
1,095,150
1,095,150
1,095,558
408
100.04%
12/01 /2063
970,000
1,091,800
1,091,800
1,095,558
3,758
100.34%
12/01 /2064
1,065,000
1,157,700
1,157,700
1,161,531
3,831
100.33%
12/01/2065
2,025,000
2,085,750
(927,000)
1,158,750
1,161,531
2,781
100.24%
14,960,000
24,727,400
(927,000)
23,800,400
23,878,246
77,846
Feb 23, 2024 4:47 pm Prepared by Piper Sandler Special District Group (Finance 8.901 Coal Ridge MD:C_022324-35R25,35R25)
23
EXHIBIT E
Capital Plan
E-1
4865-2735-3565, v. 1
Redland
V111111F fiffillf PLACES BEGIN
Hamilton Parcel District Service Plan
Engineer's Preliminary Opinion of Probable Costs
April 12, 2024
On -Site Costs
Estimated Cost
Sanitary Sewer $ 700,600
Water $ 613,650
Storm Sewer $ 654,250
Local Road Improvements $ 1 504,800
Landscape, Irrigation and Amenities $ 807,220
District Roads and Tracts Grading $ 442,770
On -Site Direct Total $ 4,723,290
Construction Contingency
20%
$944,658
Mobilization
3%
$141,699
Surveying
3%
$141,699
Testing
2%
$94,466
Construction Management
6%
$283,397
Planning, Design and Entitlement
10%
$472,329
Permits
0.5%
$23,616
Financial Security Bonds
5%
$236,165
Payment and Performance Bonds
2.5%
$118,082
Easement Acquisitions
0.25%
$11,808
On -Site Indirect Total $2,467,919
Total On -Site Costs 17,191,210
4/12/2024
Hamilton Parcel District Service Plan
Grading quantities for roadways are based ononassumed 5-ft (vertical) of earthwork over the right-of-way. Areas of
cut and fill are assumed to be equal. Final quantities may vary significantly due to site constraints and detailed designs.
Erosion Control Maintenance Estimated at5O%ofInitial Installation Cost.
Sub excavation not included. '
Rock excavation not included.
Dmvatehngand stabilization not included.
Retaining walls not included.
Un6erdna|nsystem assumes 4'pipe paralleling all oneikasewer.
Pond detention facilities include forebay, trickle channel, outlet structure, emergency overflow, and grading.
Subgrade is 1' beyond curb and gutter for roads, and directly under for sidewalks,
Intersection ramp totals include mid -block ramps.
Sanitary and water services not included.
Grant Avenue sidewalk totals include extension toHart Park.
Grant Avenue roadway quanities are assumed to extend to the intersection with Frontier Street.
Grant Avenue is an interim section with curb and gutter on the North side and 28 ft of asphalt except the 295 ft
approaching Frontier Street, which has curb and gutter on both sides and 44 ft of asphalt,
Local street section assumes curb and gutter on both sides with 30 feet of asphalt.
Summary Page 2 of 4/12/2024
Hamilton Parcel District Service Plan
OnoUeDisthoi-PruiminaryOpinionmfProbable Cost
411212024
Sanitary Sewer
QUANTITY
UNIT
UNIT PRICE
COST
Local Streets & Tracts
O"|5DR-35PVC
4.105
LF
$8800
$328,400
4'Qia,Manho|e
28
EA
$8,000.00
$208.000
4"Solid Underdngin-Same Trench m»CXeanuuto
4`106
LF
$40.00
*164.200
Sanitary Sewer Subtotal
$700^600
Water
QUANTITY
UNIT
UNIT PRICE
COST
Local Streets &kTracts
8"PVC w/Fittings
4.610
LF
—5.00
- 99.650
Fire Hydrant Assembly m/ 6`%3V&2O`6^DIP
10
EA
$8,000.00
$80.000
8"Gate Valve
40
EA
$2.600.00
$104,000
Pressure Reducing Valve
2
EA
$65.000.00
$130.000
Water Subtotal
$613.850
Storm Drainage
QUANTITY
UNIT
UNIT PRICE
COST
Local Streets
4,627
Uc
1O'`RCP (0-8'depth)
356
LF
$90.00
$31.950
2/;'RCP (Average Size)
370
LF
$110.00
$40.700
3O"RCP (0-D'depth)
450
LF
$130.00
$58,500
36,RCP (Average Size)
280
LF
$175.00
$45.500
42"RCP (O'8'depth)
525
LF
$200.00
$105.000
5'Dia.&1anho|e
14
EA
$0.500.00
$01.000
5'Type'R'|n|ed
2
EA
$10.000.00
$20.000
10`Type'R'|n|ad
3
EA
$13.000.00
$38.000
15'Typm'R' |n|e{
3
EA
$16,000.00
$48.000
Subtotal
18" RCP (0-8'depth) 240 LF $90�00 $21,60
5'Oka.Wenhde 1 EA $0,500.00 $6,500
24'Flared End Section 1 E& $3,500.00 $3`500
Subtotal $174,600
Storm Drainage Subtotal $654,250
Onsite Page 3 of 4/12/2024
WA =-JTTftMf--'?71*"A7T0aFy
4/1212024
Street Improvements QUANTITY UNIT UNIT PRICE COST
LocalRomds
4,627
Uz
ROW Width
60
FT
SubgradePrep, Road
18,650
SY
$3.00
$55,960
Aggregate Base Course (Class V|8'')
149201
SY~|N
$1.40
$208`890
Asphalt Pavement (4'')
02.760
SY-IN
$5.75
$360,870
Street Light
23
EA
$8.00O.Q0
$185.080
Signa0e
10
EA
$80O.O0
$0.800
Mountable Curb wY2'Gutter
9.254
LF
$24.00
$222.100
BubgradePrep, Sidewalk
45.528
SF
$0'80
$38.420
Concrete Sidewalk
45,520
SF
$0`50
$295.880
Concrete Curb Ramp (|ntmneecfiun)
24
EA
$2.500^00
$00.000
Concrete Cxosapon
5
EA
$4.000'00
$20.000
Capping existing shafts
2
EA
$25.000.00
$50.000
Street Improvements Subtotal $1,504,800
District Roads and Tracts Grading
QUANTITY
UNIT
UNIT PRICE
COST
Erosion Control Install
13
AC
$8,000.00
Maintenance (50%ofinitial install)
1
LS
$52,580.00
$52.560
Clearing &Grubbing
13
AC
*1.000.00
$13.140
Grading (Cut hnFill)
3.800
Cy
$2.75
$2Ei950
Import
24,500
CY
$10.00
$245.000
District Roads and Tracts Grading Subtotal $44 T0
Dnnite Page of 4/12/2024
Hamilton Parcel District Service Plan
OnsiteDistrict ` Preliminary Opinion ofProbable Cost
4/12/2024
Fine Grading
14,436
SF
$0.08
$1,155
Soil Amendments
14,436
SF
$0.15
$2185
Turf Sod
11.668
SF
$0.80
$7.001
Shrub Bed
2.768
8F
$15.00
041.520
Concrete Edger
58
LF
$60.00
$3,480
Deciduous Trees; 2"Cal,
13
EA
$675M
$8.775
Irrigation; Turf Sod
11.668
SF
$2.00
$23.336
Irrigation; Shrub Drip
2.788
SF
$3.00
$8.304
Crusher Fines
432
SF
$3.00
$1,296
Table and Chairs
1
EA
$3.300.00
*3.300
Litter Receptacle
i
EA
$1.400.00
$1.400
Bench
2
EA
$2,200.00
$4,400
Dog Waste Station
1
EA
$600.00
$600
Bike Rack
2
EA
$800.00
$1.800
Cornho|eSet
1
EA
$1.500.00
$1.500
Grill
1
EA
$1.000.00
$1.000
Subtotal $111^032
Tract/Open Space
QUANTITY
UNIT
UNIT PRICE
COST
Soil Amendments
231.140
SF
$0.15
$34,671
Soil Conditioners -TaKgraesNative Seed Areas
220.037
8F
$0.05
$11,002
NeUveSmed-TaUGneoo
220.037
SF
$0.25
$55.009
NahveSeed-ShortGname
8.730
SF
$0.25
$1.685
Shrub Bed
4.364
SF
$15.00
$65.400
Landscape Edger
235
LP
$KOO
$2.115
Evergreen Trees; {YHt.
24
EA
$600.00
$14.400
Ornamental Trees; 1.5^Cal.
4
EA
$650.00
$2^800
Irrigation; Native Seed
226,776
SF
$1.20
$272.131
Irrigation; Shrub Drip
4.364
SF
$3.00
$13.092
Crusher Fines
7.309
SF
$3.00
$21`927
Privacy Fence (Vinyl);O'h8
341
LF
$55.00
$18'755
Open Rail Fence (Ceder);42"ht
1.109
LF
$30.00
*33,270
Concrete Trail
21.930
SF
$GDO
$131.580
Subtotal $696,188
Landscape Subtotal $80,220
Onsite District Subtotal
CL
0)
in
LEGEND
010101001M LOCAL ROADS
IN 1 AN 1 El 11 AN COLLECTOR
711111114am: UMN-414
K 5 TIJ M T1 FE Ti, M-1.
I NOW DIVITI-Al AM W04 19 a I kyj
M
0 150 300
SCALE: V'= 300'
15 Z
u.'Redland
� WHERE GREAT PLACES BEGIN
720.283.6783 -LandPlanning - I..dwap. Architect—
REDLAND.COM - Civil Engineering *Construction Management
PROJECT NO: 22030 1 DRAWING NO:
DATE: 04103/2024 1 2 of 6
SA DDL EBA Clir GOL F CL US L I C
PARCEL NO. 131119000009
(ROTA PART)
PARCEL NO 131130117000
(A10TA PART)
LEGEND
------------- PROPOSED 8"
-
------------ OFF -SITE 8"
DISTRICT IMPROVEMENT MAP
SANITARY SEWER SYSTEM
OFF -SITE SANITARY
PARCEL NO. 13111940300,5
(NO TA PART)
IPARCEL /VO, 131119P?4030602 LLA
_L IVO (ROTA PART)
PARCEL A/0.
1311 f9403003
(ROTA
PART)
C4
to
WHERE 15 � WHERE GREAT PLACES BEGIN
7&283.6783 :Land Planning . L-d—lift palk,cectruis
IMMAND.CON CiviEnginooring -Construction Management
DRAWING NO:
PROJECT NO: 22030 1
DATE: 04/03/2024 1 3 of 6
PA ROFZ NO, 131119t03,70,1
(WrA PAR TJ
PARCEL NO. 131119000005
tNOTA PARr)
PARCEL A10. 13M940,7005
Ml I T CONS TRUC TION L L C tWrA PARTJ
PARCEL A10, 131 / /Z000 t,6
(NOTA A PA R T) 2640 LF
OFF -SITE SWALE
w
'k
HAU11 TON
LL,
PARCEL A10.
131119300076
(Alo rl PI.R Tj PARCEL NO. IN I 1,04030t72
< tA'O rA PAR V
w STREET
HAMI
Plimc," "YESTWIND PARCEL
VYLL4CE PARCEL NO.
(NOTA PART) -_—STREET 13111940300J
(MOTA FqRTj
111111 17TWw
GRAA17-A VE.
H_4RTP,4Rff
PARCEL A/0 13/ f301OW46
(A'O T A PA A, Tj
TI
I I I I H PARCELIVO 13113011,'001)
(NO FA PNRTJ
LEGEND
DETENTION POND
........... STORM SEWER LINE (ONSITE)
STORM SEWER LINE (OFF -SITE) 0 250 500
OFF -SITE SWALE
SCALE: 1" 500'
HAMILTON PARCEL pii
',,,Redland
15 � WHERE GREAT PLACES BEGIN
72U83.6783 .1..dPl...l.g - 1dwp� A.hit-l—
REDLAND.COM -CMlE.gi.i.g -C..,I..ti..M...
DISTRICT IMPROVEMENT MAP
STORM SEWER SYSTEM PROJECT NO: 22030 DRAWING NO:
I DATE: 04/03/2024 1 4 of 6
m
a
L�
I
LEGEND a
8" WATER LINE 0 150 300
1 1 ;zj
SCALE: 1 300'
M ra
edland
w
155� WHERE GREAT PLACES BEGIN
720,283.6783 :lndPh�Planning . 1.ndp. Awhit-twe
REDLAND.COM CiyilE.gi.-,i.g C..t-OW.M.n.9--t
PROJECT NO: 22030 1 DRAWING NO:
DATE: 04/03/2024 1 5 of 6
1D►:4:1IIII aDo
Regional Improvements
E-1-1
4865-2735-3565, v. 1
Redland
WHERE GREAT PLACES BEGIN
Hamilton Parcel District Service Plan
Off -site Costs
[l Estimated Cost
Off -Site Street Improvements $563,660
Off -Site Storm $831,430
Off -Site Sanitary $332.650
Landscape, Irrigation and Amenities $418.828
Off -Site Direct Total $�w6 568
Construction Contingency
20m
$429,314
Mobilization
a%
$64397
Surveying
3%
$64.3e7
/eonn0
o%
**2.931
Construction Management Planning,
G%
$128.794
Design, and Entitlement Permits
10%
$214.657
Financial Security Bonds
0.5%
$10.733
Payment and Performance Bonds
n%
$107.328
Easement Acquisitions
2.5%
$53.6e4
0z5%
$5.306
Off -Site Indirect Total
$1,121,582
Total Off -Site Costs 13,268,150
411212024
Hamilton Parcel Offsite District Service Plan
Off -Site District ~ Preliminary Opinion n«Probable Cost
411212024
Street Improvements QUANTITY UNIT UNIT PRICE COST
Collector Roads (interim Section) 1,715 Uc
ROW Width 80 FT
Erosion Control Install
3
AC
$8,00000
$25,200
Maintenance (5O%ofinitial install)
1
LS
$12.600.00
$12,600
Clearing &Grubbing
3
AC
$1.000.00
$3.150
Grading (3FTOver Road Area)
8.893
CY
$3:25
$28,910
SubgmdmPrep, Road
6.003
SY
$3.00
$18.010
Aggregate Base Course (Class V|10^
60.025
SY-IN
$1.40
$84`040
Asphalt Pavement (8-inoh)'Local
32.013
S\-IN
$5.25
$108.070
Signego
2
EA
$800.00
*1,200
Street Light
g
EA
$8.000.00
$68.800
O''Vertical Curb o02'Gutter
1.715
LF
$24�00
$41.100
GubgmdePrep, Sidewalk
15'440
SF
$0.80
$12,860
Concrete Sidewalk
15i440
8F
$8.50
$100,360
Off -Site Street Improvements Subtotal $563.680
18" RCP
50
LF
$90.00
$4,50
24"RCP (Average Size)
1.950
LF
$110.00
$214`500
72"RCP
1.045
LF
$325.00
$339'630
5'Dia. Manhole
5
EA
$0,500.00
$32.500
6'Dia.W1onho|e
G
EA
$7,500.00
$45.000
Type'C' Inlet
2
EA
$3^760.00
$7,500
5'Type'Fy Inlet
1
EA
*10.00U0
*10.000
Drainage Swale
2.640
LF
$20.00
$52.800
Ditch Crossing
1
EA
$50,000.00
$50.000
OffsihePond Modifications
1
EA
$75`000.00
$75^000
Off -Site Storm Subtotal %831.430
Sanitary QUANTITY UNIT UNIT PRICE COST
8^PVC Sanitary Sewer (<2O Depth)
1.880
LF
$80l0
$150,400
8" PVC Sanitary Sewer (>20'DeptN
30
LF
$125.00
$46,250
Sanitary Manhole (<2n'Depth)
7
EA
$8000.00
$58.000
Sanitary Manhole (>20' Depth)
1
EA
*15.000.00
$15.000
Connect toExisting Manhole
i
EA
$65.000.00
$65.000
Off -Site Sanitary Subtotal
$332.660
Offsite page 6mf 7 4112/2024
Hamilton Parcel Offsite District Service Plan
Off -Site District ~ Preliminary Opinion cfProbable Cost
4/1212024
Grant Ave ROW and 10' Landscape Buffer
QUANTITY
UNIT
UNIT PRICE
COST
Soil Amendments
56749
SF
*015
$8,512
SoUConditimnem-Ta)lgrmsNotive Seed Areas
10.088
SF
*U5
$504
Turf Sod
2`838
8F
*0.00
$1,703
Native@eed-TaUsrass
10,088
8F
$0.25
$2,522
Native Seed - Short Grass
33`105
8F
$0.25
$8,281
Shrub Bed
15`486
SF
$15.00
$202.440
Landscape Edger
767
LF
$KOU
*8.803
Concrete Edger
162
LF
*80.00
$9.720
Deciduous Trees; 2"Cal.
41
EA
$875.00
$27.675
Evergreen Trees; O'Ht.
18
EA
*000.00
*10,800
Ornamental Trees; 1.5^Cal.
23
EA
$850.00
$14,950
Irrigation; Turf Sod
2,838
SF
$2.00
$5`876
Irrigation; Native Seed
43.253
SF
$1.20
$51.904
Irrigation; Shrub Drip
13.486
8F
$3.00
$40.488
Privacy Fence (Nny|); 6'ht
40
LF
$55.00
$2.200
Community Entry Feature
2
EA
$10.000.00
$20.000
Offsite Landscape Subtotal $418,828
Offsite Improvements Total $2,146,568
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720.283.6783 land Planning • landscape Architecture
REDLAND.COM Civil Engin—lor, Construction Management
DRAWING NO:
PROJECT NO: 22030
DATE: 04/0312024 6 of 6
EXHIBIT F
Intergovernmental Agreement
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4865-2735-3565, v. 1
"loll 1411111
�KOYW M H I IM My I N .1 a I t
THIS INTERGOVERNMENTAL AGI, EEMENT (the "Agreemenf') is made and
entered into as of this,)'j? day of 29.' by and between the TOWN OF
FIRESTONE, a statutory town organizc�and existing under the laws of the State of Colorado
(the "Town"), and COAL RIDGE METROPOLITAN DISTRICT, a quasi -municipal corporation
and political subdivision of the State of Colorado (the "District"). The Town and the District are
collectively referred to as the Parties.
WITNESSETH:
WHEREAS, C.R.S. § 29-1-203 authorizes the Parties to cooperate and contract with one
another regarding functions, services, and facilities each is authorized to provide; and
WHEREAS, the District was organized to provide those services and to exercise powers
as are more specifically set forth in the District's Service Plan dated 2024, as
amended from time to time with Town approval (the "Service Plan"); and
WHEREAS, the Service Plan makes reference to and requires the execution of an
intergovernmental agreement between the Town and the District; and
WHEREAS, the Town has approved the final plat for the Property; and
WHEREAS, the Parties have determined that any capitalized term not specifically
defined in this Agreement shall have that meaning as set forth in the Service Plan; and
WHEREAS, the Parties have determined it to be in their best interests of their respective
taxpayers, residents, and property owners to enter into this Agreement to comply with the
Service Plan and to address certain matters related to the organization, powers, and authorities of
the District.
NOW, THEREFORE, in consideration of the covenants and mutual agreements herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the patties hereto agree as follows:
1. Operations and Maintenance. The District shall dedicate the Public Improvements
and the Regional Improvements to the Town or other appropriate governmental or quasi -
governmental jurisdiction or other organization in a manner consistent with the Approved
Development Plan, the Service Plan, this Agreement, and other rules and regulations of the
Town, and applicable provisions of the Town Code. The District is authorized, but not obligated,
to own, operate, and maintain Public Improvements not otherwise required to be dedicated to the
F-2
4865-2735-3565, v. 1
Town or other public entity, including, but not limited to street improvements (including roads,
curbs, gutters, culverts, sidewalks, bridges, parking facilities, paving, lighting, grading,
landscaping, and other street improvements), traffic and safety controls, retaining walls, park and
recreation improvements and facilities, trails, open space, landscaping, drainage improvements
(including detention and retention ponds, trickle channels, and other drainage facilities),
irrigation system improvements (including wells, pumps, storage facilities, and distribution
facilities), and all necessary equipment and appurtenances incident thereto. Notwithstanding the
foregoing, all parks, trails, and open space not otherwise dedicated to the Town and owned by
the District shall be open to the general public free of charge. The District may provide covenant
enforcement, design review services and other services to the residents, owners and taxpayers
within the District pursuant to and in accordance with § 32-1-1004(8) C.R.S. The District may
impose a mill levy, Special Assessments and/or Fees to pay for Operation and Maintenance
Costs in accordance with the Service Plan.
2. Town O&M Mill Levy. Commensurate with the initial imposition of a debt
service mill levy, the District hereby agrees that it shall impose the Town O&M Mill Levy. The
District's obligation to impose and collect the revenues from the Town O&M Mill Levy shall
begin when the District first imposes a debt service mill levy and shall not be required to be
imposed prior to such date. Revenues generated by the Town O&M Mill Levy and the District's
obligation to remit said revenues to the Town on an annual basis, as required by the Service Plan
and this Agreement, shall not be included within or subject to the Total Debt Limit. The Town
O&M Mill Levy shall be separate and apart from the Maximum Debt Mill Levy and the
Maximum Operation and Maintenance Mill Levy.
3. Maximum Debt Mill Levy. The Maximum Debt Mill Levy, which shall be
subject to a Mill Levy Adjustment, is the maximum mill levy the District is permitted to impose
upon the taxable property within the District for payment of Debt. The Maximum Debt Mill
Levy shall be fifty (50) mills, subject to a Mill Levy Adjustment, for so long as the total amount
of aggregate Debt of the District exceeds fifty percent (50%) of the District's assessed valuation.
It is anticipated that the District will undertake the planning, design, acquisition, construction,
installation, development, and financing of certain Regional Improvements as described in
Exhibit E-1 of the Service Plan and required by an Approved Development Plan for the Project,
and any additional regional improvements the District agrees to address. In the event the District
undertakes the planning, design, acquisition, construction, installation, development, or financing
of the Regional Improvements, the Maximum Debt Mill Levy the District is permitted to impose
for the payment of Debt shall be increased to fifty-five (55) mills, subject to Mill Levy
Adjustment.
At such time as the total amount of aggregate Debt of the District imposing its Maximum
Debt Mill Levy, combined with the Debt of the District that is pledging its Maximum Debt Mill
Levy to the same debt service obligations, is equal to or less than fifty percent (50%) of the
District's assessed valuation, either on the date of issuance of any Debt or at any time thereafter,
the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum
Debt Mill Levy and, as a result, the mill levy may be imposed at such a rate as is necessary to
pay the Debt service on such Debt, without limitation of rate increase; provided, however, that
after any conversion to an unlimited mill levy, the District shall not issue additional Debt that
would cause the aggregate Debt to exceed 50% of the District's then -assessed value. For the
F-3
4865-2735-3565, v. 1
purposes of the foregoing, the Board may further provide that such Debt shall remain secured by
such increased mill levy, notwithstanding any subsequent change in the District's Debt to
assessed value ratio.
4. Fire Protection. The District shall not be authorized to plan for, design, acquire,
construct, install, relocate, redevelop, finance, operate, or maintain fire protection facilities or
services, unless specifically provided for pursuant to an intergovernmental agreement with the
Town and the Firestone Fire Protection District. This provision shall not limit the District's
authority to plan for, design, acquire, construct, install, relocate, redevelop, or finance fire
hydrants and related improvements installed as part of the water system.
5. Television Relay and Translation; Mosquito Control, and Other Limitations. The
District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop,
finance, operate, maintain, or provide: (a) any television relay and translation facilities and
services, other than for the installation of conduit as a part of a street construction project; (b)
any mosquito control facilities and services; and (c) any solid waste disposal, collection and
transportation facilities and services, unless specifically provided for in a separate agreement
with the Town.
6. Construction Standards. The District will ensure that the Public Improvements
constructed by the District are designed and constructed in accordance with the current Design
Standards and Construction Specifications for Public Improvements of the Town and of federal
and state governmental entities having proper jurisdiction. The District will obtain the Town's
approval of civil engineering plans and will obtain applicable permits for construction and
installation of Public Improvements prior to performing such work.
7. Issuance of Privately Placed Debt. Prior to the issuance of any privately placed
Debt, the District shall obtain the certification of an External Financial Advisor substantially as
follows:
We are [I am] an External Financial Advisor within the meaning of the
District's Service Plan.
We [I] certify that (1) the net effective interest rate (calculated as defined
in Section 32-1-103(12), C.R.S.) to be borne by the District for the [insert
the designation of the Debt] does not exceed a market [tax-exempt]
[taxable] interest rate, using criteria deemed appropriate by us [me] and
based upon our [my] analysis of comparable high yield securities; and (2)
the structure of [insert designation of the Debt], including maturities and
early redemption provisions, is reasonable considering the financial
circumstances of the District.
8. Inclusion and Exclusion. From time to time, it may be necessary for the District
to adjust its boundaries and the District may process inclusions of property without providing
notice to the Town as long as such property being included is within the Initial Boundaries.
Without prior written notice to the Town, the District shall not include into its boundaries any
property outside of the Initial Boundaries. No property will be included within the District at
F-4
4865-2735-3565. v. 1
any time unless such property has been annexed into the Town's corporate limits. The District
may exclude from its boundaries any property within the District Boundaries. Any exclusion of
property located outside of the Initial Boundaries shall require prior written notice to the Town.
The District shall not exclude from its boundaries property upon which a Debt mill levy has been
imposed for the purpose of the inclusion of such property into another district that has been or
will be formed under the Special District Act, without the prior written consent of the Town, as
evidenced by resolution of the Town Board of Trustees.
9. Total Debt Issuance. The District shall not issue Debt in excess of $16,000,000.
The debt issuance limitation shall not be applicable to refunding or refinancing of Debt
authorized to be issued pursuant to the Service Plan unless the principal amount of the refunding
bonds exceeds the principal amount originally issued, in which case the difference shall count
against the Total Debt Limit. At no time during its existence may the District have Debt
outstanding in excess of the Total Debt Limit.
10. Monies from Other Governmental Sources. The District shall not apply for or
accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from
or through governmental or non-profit entities that the Town is eligible to apply for, except as
may be specifically provided for herein. This Section shall not apply to specific ownership taxes
which shall be distributed to and constitute a revenue source for the District without any
limitation.
11. Fees. The District may impose and collect Fees for services, programs or
facilities furnished by the District, and may from time to time increase or decrease such fees, and
may use the revenue from such fees for the repayment of Debt, capital costs, or Operation and
Maintenance Costs and for the payment of any indebtedness of the District.
12. Consolidation; Dissolution. The District shall not file a request with any Court to
consolidate with another Title 32 district without the prior written consent of the Town, as
evidenced by resolution of the Town Board of Trustees. The District agrees that it shall take all
action necessary to dissolve the District, if the District is to be dissolved, in accordance with the
provisions of the Service Plan and applicable state statutes.
13. Service Plan Amendment Requirement. Any action of the District which violates
the limitations set forth in Sections V.A.1-26 or VLB-I of the Service Plan, or which constitutes
a material modification under the Town Code, shall be deemed to be a material modification to
the Service Plan and the Town, following written notice to the District of such violation and
failure to cure the same within 90 days, shall be entitled to all remedies available under State and
local law to enjoin any such action(s) of the District. The Town may also seek damages for
breach of this Agreement arising from violations by the District of any provision of the Service
Plan.
14. Applicable Laws. The District acknowledges that the property within its
boundaries shall be subject to all ordinances, rules, and regulations of the Town, including
without limitation, ordinances, rules, and regulations relating to zoning, subdividing, building,
and land use, and to all related Town land use policies, master plans, and related plans.
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4865-2735-3565, v. 1
15. Annual Report. The District shall submit an annual report ("Annual Report") to
the Town no later than October 1 st of each year following the year in which the Order and
Decree creating the District has been issued, containing the information in Section VII of the
Service Plan.
16. Notices. All notices, certificates or other communications hereunder shall be
sufficiently given and shall be deemed given when given by hand delivery, overnight delivery,
mailed by certified or registered mail, postage prepaid, delivered electronically (if confirmed
promptly telephonically) or dispatched by telegram or telecopy (if confirmed promptly
telephonically), addressed to the following address or at such other address or addresses as any
party hereto shall designate in writing to the other party hereto:
To Town: Town of Firestone
151 Grant Ave.
Firestone, Colorado 80102
Attention: Town Manager
To District: Coal Ridge Metropolitan District
c/o McGeady Becher P.C.
450 E. 17th Avenue, Suite 400
Denver, Colorado 80203
All notices, demands, requests, or other communications shall be effective upon such personal
delivery or one (1) business day after being deposited with Federal Express or other nationally
recognized overnight air courier service or three (3) business days after deposit in the United
States mail. By giving the other party hereto at least ten (10) days' written notice thereof in
accordance with the provisions hereof, each of the Parties shall have the right from time to time
to change its address.
17. Miscellaneous.
A. Effective Date. This Agreement shall be in full force and effect and be legally
binding upon final approval of the governing bodies of the Parties.
B. Non -assignability. No party to this Agreement may assign any interest therein to
any person without the consent of the other party hereto at that time, and the terms of this
Agreement shall inure to the benefit of and be binding upon the respective representatives and
successors of each party hereto.
C. Amendments. This Agreement may be amended from time to time by written
amendment, duly authorized, and signed by representatives of the parties hereto.
D. Severability. If any section, subsection, paragraph, clause, phrase, or other
provision of this Agreement shall for any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such section, subsection, paragraph, clause, phase, or other
provision shall not affect any of the remaining provisions of this Agreement.
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4865-2735-3565, v. 1
E. Execution of Documents. This Agreement may be executed in two (2)
counterparts, either of which shall be regarded for all purposes as one original.
F. Waiver. No waiver by either party of any term or condition of this Agreement
shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of
any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of
a different provision of this Agreement.
G. Default/Remedies. In the event of a breach or default of this Agreement by any
party, the non -defaulting party shall be entitled to exercise all remedies available at law or in
equity, specifically including suits for specific performance and/or monetary damages. In the
event of any proceeding to enforce the terms, covenants, or conditions hereof, the prevailing
party in such proceeding shall be entitled to obtain as part of its judgment or award its reasonable
attorneys' fees.
H. Governing Law and Venue. This Agreement shall be governed and construed
under the laws of the State of Colorado. Venue for all actions brought hereunder shall be in the
District Court in and for Weld County.
I. Inurement. Each of the terms, covenants, and conditions hereof shall be binding
upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
J. Paragraph Headings. Paragraph headings are inserted for convenience of
reference only.
K. No Third -Party Beneficiaries. A person or entity that is not a party to this
Agreement will have no right of action under this Agreement.
L. Entirety. This Agreement merges and supersedes all prior negotiations,
representations, and agreements between the parties hereto relating to the subject matter hereof
and this Agreement, which agreement serves to supplement the Service Plan and, along with the
Service Plan, constitutes the entire agreement between the Parties concerning the subject matter
hereof. Any previous intergovernmental agreements between the Parties concerning the subject
matter hereof are superseded by this Agreement.
Remainder of page left blank; signature page follows
F-7
4865-2735-3565, v. 1
IN WITNESS WHEREOF, this Agreement is executed by the Town and the Districts as
of the date first above written.
ATTEST:
M
IM ; 111c"IRI P, 11K
By:
Secretary
TOWN OF FIRESTON COLORADO
on Cony Jc, Jr., M-Jyor
vkftynj�-�
By:
President
F-8
4865-2735-3565, v. 1
EXHIBIT G
Disclosure Notice
ATTENTION HOMEBUYER: You are purchasing a home that is located within Coal
Ridge Metropolitan District (the "District"). The District has the authority to issue bonds or
other debt to pay for public improvements and the authority to levy taxes and fees on all
properties within the District for debt repayment and ongoing operations and maintenance.
Narne of District:
Coal Ridge Metropolitan District
Contact Information for Districts:
Coal Ridge Metropolitan District
c/o McGeady Becher P.C.
450 E. 17'h Avenue, Suite 400
Denver, Colorado 80203
Attn: Paula Williams
pwyli�aiiis('a-)s�ecial�district�law.co�m
303-592-4380
District Website:
District Boundaries:
See attached map, It is conceivable that additional
boundary adjustments may be made to include or exclude
property from the District. Any such boundary
adjustment is subject to prior approval by the owners of
the property to be included or excluded and must be
considered at a public hearing of the District's Board of
Directors.
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4865-2735-3565, v. I
of the District: The District was organized pursuant to C.R.S. § 32-1-101
et seq. The District was created to assist with the
planning, design, acquisition, construction, installation,
operation, maintenance, relocation, and financing of
certain public improvements serving the Hamilton
Heights project located in the Town of Firestone,
Colorado (the "Town") and described further in the
District's Service Plan.
.e District may dedicate certain public improvements to
Town or other appropriate jurisdiction. The
erations and maintenance of public improvements
Jicated to the Town or other appropriate jurisdiction
ill rest with the Town or other appropriate jurisdiction,
the case may be.
.blic improvements not dedicated to the Town or other
propriate jurisdiction may be owned, operated, and
iintained by the District. The District has authority to
pose property taxes and other fees, rates, tolls,
nalties, or charges to fund the construction and
eration and maintenance of improvements as set forth
the Service Plan.
copy of the District's Service Plan can be found on the
istrict's website or by contacting the District at the
istrict's contact information above.
G-2
4865-2735-3565, v. 1
Services May be provided by Other
Certain services may be provided within the District by
Organizations:
one or more other entities or non-profit organizations.
Authorized Types of District Taxes:
Debt Mill Levy, Operation and Maintenance Mill Levy,
and Town O&M Mill Levy
These mill levies result in taxes you will owe to the
District and are described further below.
District's Total Debt Issuance
$16,000,000
Authorized per District's Service Plan:
District Improvements Financed by
The District intends to issue or have already issued debt
Debt:
to pay for the following public improvements: streets,
detention, water, sewer, recreational amenities and
landscaping.
Maximum Debt Mill Levy that may be
Maximum Debt Mill Levy: 55.000 Mills
levied annually on properties within the
District to pay back debt:
This Mill Levy may fluctuate based on changes in
assessment rates.
At such time as the total amount of aggregate Debt of the
District is equal to or less than fifty percent (50%) of the
District's assessed valuation, either on the date of
issuance of any Debt or at any time thereafter, the mill
levy to be imposed to repay such portion of Debt shall
not be subject to the Maximum Debt Mill Levy and, as a
result, the mill levy may be imposed at such a rate as is
necessary to pay the Debt service on such Debt, without
limitation of rate increase; provided, however, that after
any conversion to an unlimited mill levy, the District
shall not issue additional Debt that would cause the
aggregate Debt to exceed 50% of the District's then -
assessed value. For the purposes of the foregoing, the
Board may further provide that such Debt shall remain
secured by such increased mill levy, notwithstanding any
subsequent change in the District's Debt -to -assessed -
value ratio.
Ongoing Operation and Maintenance
The District intends to impose an Operation and
Services of the District:
Maintenance Mill Levy to pay for ongoing
administration, operating, and maintenance obligations
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4865-2735-3565, v. 1
aximum Operation and Maintenance Maximum Operation and Maintenance Mill Levy: 65
ill Levy that may be levied annually Mills until such time the District issues Debt. After the
properties within the District to pay District issues debt, the Maximum Operation and
r the ongoing operations and Maintenance Mill Levy shall be 10 Mills, subject to the
iintenance described above. Mill Levy Adjustment.
n Town O&M Mill Levy that is
to be levied annually on
s within the District and
;d to the Town.
s Mill Levy may fluctuate based on changes to
dential assessment rates.
he Operation and Maintenance Mill Levy is distinct
om the Debt Mill Levy and cannot be used to repay
ebt.
he Maximum Operation and Maintenance Mill Levy
call apply to the District's ability to increase their mill
vy as necessary for provision of operation and
aintenance services to its taxpayers and service users
itil such time as End Users cast the majority of
firmative votes taken by the District's Board of
irectors at a meeting authorizing an increase of such
[aximum Operation and Maintenance Mill Levy, at
hich time the mill levy may be such amount as is
=ssary to pay the Operation and Maintenance Cost.
Town O&M Mill Levy: 3 mills
istrict Fees: The District may impose and collect Fees for services,
programs facilities furnished by the District, and may
from time to time increase or decrease such fees and may
use the revenue from such fees for the repayment of Debt,
capital costs, or Operation and Maintenance costs and for
he payment of an indebtedness of the District.
r Taxing Entities to which you will
taxes to:
/eld County - 12.024 mills
chool District RE1J— 57.238 mills
orthern Colorado Water — 1.000 mills
own of Firestone — 6.805 mills
rederick-Firestone Fire — 15.118 mills
t Vrain Sanitation — 0.317 mills
arbon Valley Recreation — 4.427 mills
igh Plains Library — 3.196 mills
otal: 100.125 mills
4865-2735-3565, v. 1
G-4
** This information is based upon the
property taxes levied on property within
the Districts, imposed in 2023 for
collection in 2024, and is intended only
to provide approximations of the total
overlapping mill levies within the
District. The stated mill levies are
subject to change, and you should
contact the Weld County Assessor's
office to obtain the most accurate and
up-to-date information.
Sample Calculation of Taxes Owed for a Residential Property within the District:
Assumptions:
Average market value of home in District is
$500,000 Debt Mill Levy is 55 mills
Operation and
Maintenance Mill Levy is 10
mills
Town O&M Mill Levy is
3 mills
Total Metropolitan District mill levies = 68 mills
Calculation of Metropolitan District Taxes:
$500,000 x .06765 = $33,825 (Assessed Valuation)
$33,825 x .068 mills = $2,300.10 per year in taxes
Total Additional Mill Levies from Other Taxing Entities: 100.125 mills = $3386.73
annual taxes
TOTAL 2024 PROPERTY TAXES FOR A HOME COSTING $500,000 = $5,686.83
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4865-2735-3565, v. 1