HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2018 - PUBLIC HEARING AND RESOLUTION 2018-084 APPROVING TAgenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY September 18, 2018
City Council
STAFF
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Jeff Mihelich, Deputy City Manager
John Duval, Legal
SUBJECT
Public Hearing and Resolution 2018-084 Approving the Consolidated Service Plan for Waters' Edge
Metropolitan District Nos. 1-5.
EXECUTIVE SUMMARY
The purpose of this item is for Council to consider for adoption the Consolidated Service Plan for the Waters'
Edge Metropolitan District Nos.1-5 (the “Metro Districts”). Generally, located between Douglas Road and
Richards Lake Road on either side of Turnberry Road.
The Council conducted a public hearing on this Service Plan at its September 4, 2018 meeting and after
receiving testimony and other evidence, continued the public hearing to this September 18, 2018 meeting.
STAFF RECOMMENDATION
Staff recommends approval of the Resolution.
BACKGROUND / DISCUSSION
The developer of the Waters’ Edge project (“Project”) is proposing a multi-phase 235-acre development in Fort
Collins. (Attachment 1) The Project includes approximately 848 homes with a product type tailored to a
population that is 55 years and older (single-level, senior-friendly home design). Additionally, the Project is
proposed to include a future neighborhood commercial center, which could include up to 70,000 square feet in
commercial/retail space. The Project proposes five metro districts to provide and operate a non-potable water
system, provide enhanced parks and open space, rehabilitate the Windsor No. 8 ditch, and to provide other
lifestyle amenities to its residents (namely a sustainability center, and a senior activity center).
The Waters’ Edge Development has submitted the Consolidated Service Plan for Waters’ Edge Metropolitan
District Nos. 1-5 (the “Service Plan”). The five Metro Districts will be used to finance, construct, and operate
public infrastructure, and other site costs that reduce overall development costs.
Service Plan Revisions Since September 4, 2018
On September 4, 2018 City Council voted unanimously to postpone consideration of the proposed
Consolidated Service Plan for Waters’ Edge Metropolitan District Nos. 1-5 (the Service Plan). Council had
several concerns with the Service Plan as presented on September 4, 2018. The following changes have been
made to the service plan in response to these concerns:
• Further Council Approval Required – No Debt, Debt Mill Levy, or Fees to pay debt may be issued or
collected until City Council approves an intergovernmental agreement and/or development agreement
securing the Public Benefits (see revisions to Section IV.B(1-3)).
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• Operating Mill cannot Exceed 10.000 Mills – Revisions removed the portion of Section IX.B.3 which
previously stated that when a majority of the Board is composed of End Users then at the board’s
discretion of the board the Operating Mill may be increased up to 50.000 mills. If the Board desires to
increase the Operating Mill such increase would require a Service Plan Amendment approved by City
Council.
• City may Dissolve a District for Inaction – Revisions to Section XVI now empower the City, at its option, to
require the dissolution of the Districts if no intergovernmental agreement or development agreement to
secure the delivery of the Public Benefits has been approved by City Council within three years of Service
Plan approval.
• Enhanced Commitment Language – Significant revisions were made to Exhibit G, which describes the
Public Benefits to be delivered by the Project. Additional details regarding these commitments is included
in the Public Benefits section of this summary below.
All other changes in the proposed Service Plan are either refinements in the spirit of the Model Service Plan,
minor in nature, further changes for clarification, or to respond to Council’s requests for changes and
clarification on September 4, 2018. A redline version of the Model Service Plan is attached to provide clarity on
any changes to the Model Service Plan. (Attachment 4).
Council Follow-Up – Affordable Housing
Council had several unanswered questions during the discussion of the Service Plan. Several of these
questions deal with affordable housing. Generally, these questions dealt with the tension between increasing
the supply of affordable housing units in Fort Collins versus the concerns over added cost burden to
households by increasing property taxes with a Metro District.
What is the current Area Median Income (AMI) as calculated by the United States Department of Urban
Development (HUD)?
Currently, HUD calculated the AMI for a four-person household at $85,100 in Fort Collins, see Table 1 below.
The City’s current definition of affordable housing requires that units be priced so that a household earning 80
percent of AMI can cover the monthly cost of ownership. The current 80 percent AMI income is $68,100 for a
four-person household.
Table 1
Area Median Income, 4-Person Household, 2018
Source: HUD
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Based on current AMI levels what would be the maximum sales price for Affordable Homes?
Using standard industry assumptions regarding homeowner’s insurance costs, property tax costs and
homeowner’s association dues or metro district taxes the maximum sales price has been calculated for three-
person households and four-person households, see Table 2. The result is maximum sales prices ranging
between $278,000 and $312,000 assuming a four percent down payment under the Federal Housing Authority
loan program and a five percent interest rate. The Project anticipates providing at least 50 residential units
priced within this range. The calculations below are based on conservative assumptions of Property Taxes,
including Metro District property taxes. The real cost of Metro District taxes to household in a $280,000 home
will be $84 a month and regular property taxes would be $153 per month for a total property tax cost of $237
per month roughly half of the amount used in the calculations below.
Table 2
Estimated Maximum Sales Price by Household Size at 80 percent AMI, 2018
3 Person 4 Person
80% AMI $ 61,300 $ 68,100
Monthly Income $ 5,110 $ 5,680
Available for Housing (38%) $ 1,942 $ 2,158
Property Taxes (.072%) $ 200 $ 230
Metro Taxes/HOA Fees ($200/mo) $ 200 $ 200
Insurance (.038%) $ 110 $ 120
Monthly Mortgage Payment $ 1,432 $ 1,608
Loan Amount $ 266,800 $ 299,500
Down Payment $ 11,100 $ 12,500
Total Purchase Price $ 277,900 $ 312,000
Household
Item
How might Affordable Housing be delivered within a Metro District?
Council discussed a concern about how a Metro District can deliver affordable housing. In general, there are
several methods for delivery affordable housing that might be employed by a developer. The concern is how to
deliver affordable housing without adding additional property tax burden to the purchaser.
One way to understand this concern is to review how affordable housing sales prices get set according to the
City’s policy. There are three guiding principles to the policy:
1. Target AMI – Targets 80 percent AMI or below;
2. Affordability Period – Target is a minimum of 20-years of affordability; and
3. Income Available for Housing Cost – Limited to 38 percent of income.
Following these principles calculating a sales price that complies would require that added costs from Metro
District property taxes be included within the 38 percent of income aspect of the policy. Therefore, the
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Affordable Housing sales price in a Metro District will be lower than outside a district. The calculations in Table
2 above show how estimated metro district costs could impact the sales price.
Another way to evaluate the tension between increasing the number of units versus increased cost is to
consider the manners in which housing could be delivered:
• Traditional Delivery – Existing affordable housing providers could construct units within the district using
their traditional funding approaches. These units would need to be rented or sold at a price point that
complies with the City’s policy. The monthly cost to the user would be no different within the district than
outside the district. Therefore, the housing provider would need to identify and obtain additional subsidy to
cover the resulting lower sales price for a unit that will cost the same inside and outside of a District.
• Land Trust – A developer could elect to transfer or sell affordable housing lots to a Land Trust operating in
the State or Region. The Land Trust, typically a non-profit, would then reduce the tax burden to the
occupant by removing 25 to 30 percent of property value associated with land. In addition, a Land Trust
would also have to price units following the same principles – meaning that the net cost to the occupant
would be consistent inside and outside a district.
• Land Bank – A developer could elect to sell a portion of their property to the City’s land bank program at a
market or discounted rate. These units would need to be rented or sold at a price point that complies with
the City’s policy. The monthly cost to the user would be no different within the district than outside the
district.
As stated, the above are some examples of how a developer might deliver affordable housing while minimizing
the impacts of added Metro District property taxes. However, the above list is not exhaustive.
The key take-away is there are several methods to deliver affordable housing in a Metro District that
does not pass added cost onto the occupants.
Council Follow-Up – Present Value Calculations
On September 4, 2018 City Council was presented an analysis of the present value of Metro District revenues
generated from a hypothetical home in a Metro District. There were several requested adjustments to that
analysis. A full revision of this analysis is presented in the staff presentation. Below, in Table 3, is an example
of how the analysis has been altered, including assumptions for price appreciation, and a comparison to the
present value of the revenue over perpetuity. The difference between a 40 year present value analysis and a
the perpetuity analysis is an increase of 17% or just over $4,000.
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Table 3
Present Value Analysis, $425,000 Home Value
Item 40 Years Perpetuity Difference
Median Sales Price $ 425,000 $ 425,000 $ -
Typical Fort Collins Mills 90.828 90.828
Typical Fort Collins Property Tax Liability $ 2,779 $ 2,779 $ -
Hypothetical Metro District Mills 50.000 50.000
Metro District Property Tax Liability $ 1,530 $ 1,530 $ -
New Total Property Tax Liability $ 4,309 $ 4,309 $ -
Percent Increase of Property Taxes 55% 55%
Metro Mill Levy Propety Tax Maximum Value as
Present Value
$26,253 $30,600 ($4,347)
Service Plan Overview
The Service Plan calls for the creation of the five Metro Districts to deliver certain public improvements for the
Project. The development is phased over time with an anticipated build out in 2027.
Service Plan Highlights:
• Assessed Value - Estimated to be approximately $43 million in 2028 (the first year of full value after build-
out)
• Aggregate Mill Levy - 50 mills, subject to Gallagher Adjustments
• Debt Mill Levy - 40 mills, which may not be levied until an approved development plan and/or
intergovernmental agreement has been executed that delivers the pledged public benefits
• Operating Mill Levy - 10 Mills
• Maximum Debt Authorization - $31.5 million in project costs plus cost of issuance to cover a total of
$98,512,577 in estimated costs
• Regional Mill Levy - 5 Mills, anticipated to be used to fund specific transportation and/or stormwater
improvements
Public Improvements
The Service Plan provides for the issuance of bonds in the maximum amount of $31.5 million in project costs
plus cost of issuance to fund a portion of the potential $98,512,577 in identified public improvements, as
specified by Exhibits H and I of the Service Plan. The following is a summary list of the potential public
improvements by development phase:
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Phase I
• Non-Potable Water System - Approximately $3.1 million for a non-potable water system. This system will
be owned and operated by the Metro Districts.
• Sustainability Center - Approximately $1.5 million to finance and construct a sustainability center. This
facility will be owned and operated by the Metro Districts and will be available for use by the general public
in addition to district residents.
• Parks and Open Space Enhancements - Approximately $839,832 in parks and open space
enhancements, including landscaping, site furnishings (benches, public patio areas, open space arbors,
masonry, etc.). These improvements will be owned and maintained by the Metro Districts.
• Administrative, Design, Permitting and Contingency Costs - Approximately $4 million in costs
associated with administering, managing, surveying, engineering, inspecting, testing, planning, permitting
the construction of the public improvements, and contingency.
Phase II
• Affordable Housing: Approximately $3.4 million for Affordable housing. Waters’ Edge commits to
providing, in the second phase (Waters’ Edge East), that at least 10% of the housing units in that phase
will be affordable defined at 80% of area median income. There are 471 housing units proposed in Phase
II, so a total of 47 units will meet the City’s definition of Affordable Housing.
• Non-Potable Water System - Approximately $2.6 million for a non-potable water system in site
preparation costs and grading associated with the proposed project
• Rehabilitate Windsor No. 8 Ditch - Approximately $2 million to rehabilitate the Windsor No. 8 ditch, which
runs along the north half of the proposed second phase.
• Senior Activities Center - Approximately $7 million to finance and construct a sustainability center. This
facility will be owned and operated by the Metro Districts and will be available for use by the general public
in addition to district residents.
• Parks and Open Space Enhancements - Approximately $839,832 in parks and open space
enhancements, including landscaping, site furnishings (benches, public patio areas, open space arbors,
masonry, etc.). These improvements will be owned and maintained by the Metro Districts.
• Basic: Up to $3.4 million in “basic” public improvement costs. Note: For additional information, see the
below paragraph on Basic Infrastructure.
• Administrative, Design, Permitting and Contingency Costs - Approximately $6 million in costs
associated with administering, managing, surveying, engineering, inspecting, testing, planning, permitting
the construction of the public improvements, and contingency.
The public benefits listed within the Applicant’s Service Plan to be funded by the Metro Districts meet the
definition of non-basic public infrastructure that provide a public benefit consistent with the City’s recently
adopted metro district policy (the “Metro District Policy”) objectives.
Basic Infrastructure
The Metro District Policy has a bias against using metro districts to provide “basic infrastructure”, which
infrastructure is typically expected to be provided by a developer (both in type and magnitude), except where
the inclusion of “basic” infrastructure may be utilized to offset the higher costs of extraordinary development
outcomes that typically cannot be provided by a metro district (e.g., affordable housing, rooftop solar, etc.).
The Developer has requested that the Metro Districts be permitted to finance $3.4 million in basic infrastructure
costs to offset the costs with providing 10% of the units in Phase II (Waters’ Edge East) as Affordable as
defined by the City’s definition of Affordable Housing. There are 471 housing units proposed in Phase II, so a
total of 47 units will meet the City’s definition of Affordable Housing.
The “extraordinary development outcomes” are listed in Exhibit A of the Metro District Policy and include
Affordable Housing, which is defined as units permanently affordable to 80% of area median income.
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Public Benefits
The Metro District Policy requires an interdisciplinary review of the public benefits that will be enabled by the
Metro Districts. The following is a list of the public benefits as specified in the Service Plan (additional
information can be found in Exhibit K of the Service Plan):
• Affordable Housing: Waters’ Edge commits to providing, in the Waters’ Edge East phase, that at least
10% of the housing units in that phase will be affordable defined at 80% of area median income. Some
units may meet this standard in Waters’ Edge first phase, including auxiliary dwelling units planned in our
courtyard product. These housing units will be guaranteed to remain affordable, as defined above, for at
least twenty years.
• Significant Reduction of Potable Water - The inclusion of a non-potable water system will significantly
reduce the need for treated water. The Developer estimates the long-term annual reduction in potable
water needs to be approximately 55% less. The Developer estimates this system to result in significant
financial benefits of around $151K in annual operating cost savings. Additionally, there are unquantified
environmental benefits due to a reduction in water treatment, primarily in electricity usage. Traditional
non-native and high-water use landscaping would require 158 acre feet of irrigation per year according to
estimates from Hines Inc. Water planning, smart engineering, and successful performance management
can reduce that to 87 acre feet during the initial grow-in period then down to 65 acre feet after the native
grasses are established. Controlling the irrigation by the metro district’s contractor is essential to realizing
these water savings.
• Enhanced and Expanded Open Space, Parks, and Trails - The development includes enhanced and
expanded open spaces and trails. The Developer represents that there is twice the open space of a
typical development. The Developer proposes that this is a benefit to the walkability and pedestrian
friendliness of the Project, in addition to meeting the intent of nature and outdoors accessibility (i.e.,
Nature in the City).
• Rehabilitation of the Windsor No. 8 Ditch - As per the Service Plan, the Windsor No. 8 ditch will be
significantly rehabilitated in order to improve water quality, provide habitat for wildlife, act as regional trail
connection, and transform an eyesore into an attractive community amenity. The existing ditch is 6,208
feet long along the eastern boundary of Phase II.
Policy Comparison
A comparison of the proposed Service Plan and the Metro District Policy is provided below in Table 4.
Table 4
Metro District Policy Comparison
Waters’ Edge Metro District Metro District Policy
Mill Levy Caps 50 Mills 50 Mills
Basic
Infrastructure
Partially ($3.4M) To enable public benefit
Eminent Domain Will Comply Prohibited
Debt Limitation Will Comply 100% of Capacity
Dissolution Limit Ongoing for O&M 40 years (end user refunding
exception)
Citizen Control Will Comply As early as possible
Multiple Districts Yes (5) Projected over an extended period
Commercial/Reside
ntial Ratio
Predominately Residential (70,000 SF Commercial) N/A
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Performance Assurances
The proposed Service Plan prohibits the issuance of any debt or imposition of the Debt Mill Levy or fees to pay
debt unless and until the delivery of the Public Benefits is secured in a manner that is agreed to by the City
Council. This requirement can be satisfied by one or both of the following methods, as applicable:
• Intergovernmental Agreement - For those Public Benefits to be provided by one or more of the Districts,
each such District must enter into an intergovernmental agreement with the City agreeing to provide those
Public Benefits as a legally enforceable multiple-fiscal year obligation of the District under TABOR, or by
securing performance of that obligation with a surety bond, letter of credit or other security acceptable to
the City and all such intergovernmental agreements must be approved by the City Council by resolution;
and
• Development Agreement - For those Public Benefits to be provided by one or more Developers of the
Planned Development within a District’s boundaries, each such Developer must enter into a development
agreement with the City under the Developer’s applicable approved development plan, which agreement
must legally obligate the Developer to provide those Public Benefits before the City is required to issue
building permits and certificates of occupancy for structures to be built under the approved development
plan for the that phase of the Planned Development or to secure such obligations with a surety bond, letter
of credit or other security acceptable to the City, and all such development agreements must be approved
by the City Council by resolution.; or
• Both Intergovernmental Agreement and Development Agreement - For any Public Benefits to be
provided in part by one or more of the Districts in the Project and in part by one or more of the Developers
in the Planned Development, an agreement between the City and the affected Districts and Developers
that secures such Public Benefits as legally binding obligations using the methods described in
subsections 1 and 2 above and all such agreements must be approved by the City Council by resolution.
Financial Assessment:
All metro district proposals are required to submit a Financial Plan to the City for review. (Attachment 2)
Utilizing the district’s financial plan, and other supporting information which may be necessary, the City will
evaluate a district’s debt capacity and servicing ability. Additionally, should a district desire to utilize district
funding for basic infrastructure improvements, as determined by the City in its sole discretion, staff will assess
the value of this benefit against the public benefits received in exchange. The following summarizes the
Financial Assessment, provided by Economic & Planning Systems, Inc. of the Metro Districts’ Service Plan
(The Applicant has revised the Service Plan since the review by EPS to more closely align with the
Metro District Policy and the conclusions with the EPS report):
• The proposed maximum District Mill Levy of 50 mills is relatively common and within the distribution of
similar metro districts for master planned communities in the Colorado Front Range. The 50 mills would be
added to the existing property tax levy of 90.828 mills and increase the property tax burden by 55 percent.
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Metro District Mill Levies
• At 848 units, Water’s Edge would be one of the larger residential development projects in Fort Collins over
the last 10 years. Further, the proposed buildout of residential units for Water’s Edge is aggressive,
especially given the fact that the development is priced at the upper end of the Fort Collins market and
targeting households over 55 years of age. To meet such a build out schedule, the Project will either have
to lower its price points, market to a wider age distribution, and/or attract a greater number of retiree
households outside of Larimer County.
• As a luxury development, some buyers will be willing to pay the extra mill levies for the Project amenities.
However, it needs to be recognized that at the estimated pricing, plus the Metro Districts’ costs, this will be
one of the more expensive developments in northern Colorado.
• The Service Plan does not guarantee the delivery of public benefits. Public benefits will have to be vetted
and guaranteed through additional approval steps for the Project, including approval of the Development
Plan (and/or an amended Development Plan for Phase I), and/or through intergovernmental agreements
between the Metro Districts and the City.
Sustainability Assessment
To comprehensively and consistently evaluate District proposals, an interdisciplinary staff team from Planning,
Economic Health, Sustainability, and other Departments was formed to evaluate the impact of the Metro
Districts using the City’s Triple Bottom Line Scan (TBL-S) evaluation approach. For the proposed Project, the
TBLs focused on the impact of the difference in residential units delivered in the community by supporting the
proposed Metro Districts. This baseline was used as opposed to vacant or agricultural land because the
property already has an underlying residential plat and zoning. Therefore, the future use of the property will not
be vacant or agricultural but residential. Therefore, comparing the project to the current state (agricultural land)
would be disingenuous to the anticipated future condition. (Attachment 4)
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Follow Up from Council Finance
• The city park that is included on the site plan as part of Phase I was purchased by Fort Collins Parks
several years ago when Waters’ Edge went through the review process the first time around. Parks has
been operating and maintaining it since then, but it’s not fully implemented, just a small playground and
shelter. Parks will be upgrading the park to be a more complete park. No funds of the Metro Districts will
be utilized to construct or maintain the park.
• The Development Agreement for Phase I includes the following language: “All the multi-family and single
family attached dwelling units, as shown on the Final development Plan, are intended to be and shall at all
times be operated as “housing for older person” in accordance with the federal Housing for Older Persons
Act of 1995, the fair Housing Act, and all applicable federal regulations as each of the aforementioned may
be amended or suspended in the future. This includes 130 of the 379 total dwelling units in Phase I.
• The Non-potable water system’s annual pumping costs are estimated at $25,100, as compared to
$176,700 for potable water costs, based on current ELCO rates.
CITY FINANCIAL IMPACTS
The proposed Service Plan for the Metro Districts will not have an impact on the City’s financials. The applicant
for the Service Plan has paid the fees required in the City’s previous metro district policy, which are designed
to offset the cost of staff and outside consultant review. In addition, the proposed Service Plan requires the
following notice to be included in all debt issued by the Metro Districts:
“By acceptance of this instrument, the owner of this Debt agrees and consents to all of the limitations with
respect to the payment of the principal and interest on this Debt contained herein, in the resolution of the
District authorizing the issuance of this Debt and in the Service Plan of the District. This Debt is not and cannot
be a debt of the City of Fort Collins”.
ATTACHMENTS
1. Location Map (PDF)
2. Economic & Planning Systems Financial Assessment (PDF)
3. Triple Bottom Line Scan (PDF)
4. Water's Edge Consolidated Service Plan (redline, showing changes) (PDF)
5. PowerPoint Presentation (PDF)
VINE
9
COLLEGE
DOUGLAS
PROSPECT
TIMBERLINE
LEMAY
RIVERSIDE
MULBERRY
TURNBERRY
WILLOX
COUNTRY CLUB
TERRY LAKE
RICHARDS LAKE
MASON
MOUNTAIN VISTA
GREGORY
LINCOLN
GIDDINGS
SUMMIT VIEW
9TH
287
REMINGTON
JEFFERSON
SUNIGA
REMINGTON
TURNBERRY
LINCOLN
LEMAY
STUART
PITKIN
STOVER
ELIZABETH
CONIFER
THOREAU
LINDEN
13
LINK
MIDPOINT
BAR HARBOR
ABBOTSFORD
INTERNATIONAL
WELCH
GREENFIELDS
RIVERSIDE
LITTLE JOHN
PITKIN
I
Waters Edge Streets
Location Waters' Edge Map ATTACHMENT 1
M EMORANDUM
To: Josh Birks and Patrick Rowe
Economic Health & Redevelopment, City of Fort Collins
From: Dan Guimond and Elliot Kilham
Economic & Planning Systems
Subject: Water’s Edge Metro District Market and Financial Review
EPS #183080
Date: August 17, 2018
This memorandum summarizes Economic & Planning System’s (EPS)
review of the Consolidated Service Plan (Service Plan) for the Water’s
Edge Metropolitan Service District (District). The City is required to
approve the Service Plan for a Title 32 Metropolitan District (metro
district) prior to being submitted for a vote by the electorate of the
district. As requested by the City, EPS has evaluated the market and
financial assumptions underlying the application as well as the general
feasibility of the District’s financial plan, including proposed mill levies
and revenue forecasts. The evaluation also reviews the proposal against
City metro district policy considerations as well as the proposed public
benefits of the project.
Development Program
As outlined in the Service Plan, Water’s Edge is a planned 235 acre
development located at Trunberry Road and Richard’s Lake Road in the
northern part of the city, as shown in Figure 1. The proposed
development program includes 848 units of for-sale housing, targeting
but not exclusive to, active adults 55 years and older. The design of the
development and the housing products included are intended to help
residents better age-in-place. The project also includes 70,000 square
feet of commercial space as well as open space, parks, and community
centers. Construction is scheduled to take place in two phases, starting
in 2019 and finishing in 2027.
ATTACHMENT 2
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 2
The Developer of the project provided a detailed development program to D.A. Davidson, the
District’s bond underwriter, as inputs to the preliminary Financial Plan. While the program is
subject to change, it does provide the basis for the estimates of bond proceeds and the draft
bond series offerings completed by D.A. Davidson and outlined in Exhibit F of the Service Plan.
The proposed development program includes eight different housing products with estimated
market values for each product, as shown in Table 1:
• 36 Estate Homes with a market value of $1,125,000
• 11 Custom Water Front Homes with a market value of $1,500,000
• 116 Courtyard Ranch Homes with a market value of $461,500
• 210 Standard Ranch Homes with a market value of $538,450
• 98 Standard Ranch 3 Car Homes with a market value of $605,000
• 82 Large Active Adult Patio Homes with a market value of $735,000
• 186 Townhomes with a market value of $396,000
• 109 Condominiums with a market value of $300,000
Table 1
Proposed Development Program
Dscription Market Value Value % Total
Residential Per Unit Units
Estate Homes $1,125,000 36 4%
Custom Water Front $1,500,000 11 1%
Courtyard Ranch $461,500 116 14%
Standard Ranch $538,450 210 25%
Standard Ranch - 3 Car $605,000 98 12%
Large Active Adult Patio $735,000 82 10%
Townhome $396,000 186 22%
Condominium $300,000 109 13%
Total* $530,100 848 100%
Per Sq. Ft. Sq. Ft.
Commercial $250 70,000
*Market value total shows the w eighted average of product market values
Source: DA Davidson; Economic & Planning Systems
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 3
Figure 1
Proposed Water’s Edge Metro District
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 4
Metro District Proposal
Summary
The Service Plan proposes five separate metro districts; four financing districts and one
management district. Each financing district will have the ability to impose an Aggregate Mill
Levy of up to 50 mills, which includes a Debt Mill Levy and an Operating Mill Levy. The Operating
Mill Levy can equal up to 50 mills until the District imposes a Debt Mill Levy, at which point in
time the Operating Mill Levy cannot exceed 10 mills. While District levies are capped at 50 mills,
the Service Plan allows for adjustments to the mill levies in the event that there are changes to
the method of calculating assessed value or any other changes impacting the revenue generating
capabilities of the District. In such cases, the District may increase or decrease mill levies to
ensure that actual tax revenues generated are not diminished. This ability helps to further
guarantee future revenue streams and reduces the risk for the bond holders. In addition to the
mill levies, the Service Plan allows the District to impose one-time facility fees, which are
modelled at $2,500 per single family detached units and $1,750 per single family attached units.
The Developer’s engineering consultant estimates the total cost of the public improvements at
approximately $98 million; the Developer anticipates issuing approximately $45 million in District
debt to help fund the cost of these public improvements.
Policy Review
The City is currently considering updating its policy originally adopted in 2008 for reviewing
proposed metro district service plans. The new policy removes previous limitations for a metro
district to be 90 percent commercial and not to be used to fund “basic infrastructure
improvements normally required from new development”. In their place, the policy requires that
developers deliver public benefits to the City. In addition, the new policy increases the
recommended “maximum mill levy” for both debt service and O&M to 50 mills—up from 40 mills
in the 2008 resolution. The proposed Water’s Edge maximum aggregate District Mill Levy of 50
mills is greater than the previous recommended mill levy maximum, but equal to the proposed
updated mill levy maximum.
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 5
Market Assessment
This section reviews market values and absorption assumptions used to estimate the potential
public financing revenues and bond capacity of the project, looking separately at residential
development and commercial development. Table 6 at the end of the section summarizes the
development program, market values, and buildout assumptions of the project.
Residential Development
Market Values
The Developer’s proposed market values range from the middle to the upper end of the Fort
Collins market. The Fort Collins Board of Realtors (FCBR) reports that the median price for a
single family home sold in Fort Collins in 2017 is $386,375, and the median price for a townhome/
condo is $271,000. All of the single family products proposed in the development have higher
price points than the Fort Collins median, as shown in Figure 2. The townhomes, priced at
$300,000, and condominiums, priced at $396,000, proposed in the development have price
points closer to the median of the Fort Collins market. The weighted average market value for
the development is $530,100, approximately 1.4 times the median price for a single family house.
However, the median home value reported by the FCBR includes new construction and existing
homes, resulting in a lower price than the Developer could expect for new construction alone.
Figure 2
Proposed Water’s Edge Market Values Compared to Median Prices in Fort Collin’s Market
$1,125,000
$1,500,000
$461,500
$538,450
$605,000
$735,000
$396,000
$300,000
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
Estate Homes Custom Water
Front
Courtyard Ranch Standard Ranch Standard Ranch -
3 Car
Large Active
Adult Patio
Townhome Condominium
2017 $
Market Value Water's Edge Weighted Avg. Median Single Family Median Townhome/Condo
Source: DA Davidson; FCBR; Economic & Planning Systems
H:\143002-Fort Collins On Call Financial Services\Waters Edge Metro Dist\Data\[143002-Market Value Research.xlsx]T-
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 6
Comparing a distribution of housing prices in the proposed development program to the
distribution of sales prices for all housing products (single family, townhomes, and
condominiums) in the Fort Collins market in 2016 further emphasizes the fact the development
is targeting the upper end of the market, as shown in Figure 3. The townhomes and
condominiums, which represent 35 percent of the development, are priced at the middle of the
distribution of sales. The Courtyard Ranch and Standard Ranch are priced at the next two tiers,
between $400,000 and $700,000. Finally, the Large Active Patio homes, the Estate homes, and
Custom Water Front homes are priced at the upper end of the market.
There are comparable price points in the Fort Collins market for all of the housing products in
the proposed development, and the products—at least in terms of price—do not represent
outliers. However, pricing the products at the upper end of the market will limit the number of
households that can afford to move to the development, which may potentially have impacts on
absorption rates.
Figure 3
Distribution of Housing Prices Water’s Edge and Fort Collins Total
0%
5%
10%
15%
20%
25%
30%
35%
40%
$99,999 and
Below
$100,000 to
$199,999
$200,000 to
$299,999
$300,000 to
$399,999
$400,000 to
$499,999
$500,000 to
$699,999
$700,000 to
$999,999
$1,000,000 to
$1,999,999
$2,000,000
and Above
Percent Sales 2016 Fort Collins Sales Development Program
Source: FCBR; DA Davidson; Economic & Planning Systems
Townhome, Condos
Courtyard
Ranch
Standard Ranch
Large Active
Adult Patio
Estate, Custom
Water Front
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 7
North Fort Collins Projects
This section compares Water’s Edge to other for-sale residential projects in the North Fort Collins
market area, as shown in Table 2. The comparison reveals that Water’s Edge price points largely
overlap with the price ranges proposed in recent residential projects, as shown in Figure 4.
However, at 848 units, Water’s Edge would be one of the largest developments in the last 10
years in North Fort Collins. For example, East Ridge, one of the largest recent proposals, is
planned for 568 units, 280 units fewer than Water’s Edge. It may be difficult to absorb such a
large number of units at price points higher than the market average.
Table 2
For-Sale Residential Projects in the North Fort Collins Market
Figure 4
Price Range in Comparable Residential Projects and Proposed Water’s Edge
Project Status Project Start Product Units Price
Compable Projects
Single-Family $350,000-$650,000
Townhomes $300,000-$430,000
Condos $230,000-$450,000
Single-Family 18 $540,000-$570,000
Townhomes 37 $327,500-$360,000
Timbervine Under Construction 2017 Single-Family 146 $346,000-$390,000
East Ridge Approved --- Single-Family 568 $300,000-$400,000
Brownes on Howes Complete 2016 Townhomes 6 $850,000-$1,000,000
Townhomes at Library Park Under Construction 2017 Townhomes 10 $1,195,000-$1,500,000
Water's Edge
Single-Family 553 $461,500-$1,500,000
Townhomes 186 $396,000
Condos 109 $300,000
*Total housing units for all product types
Source: Zillow; FCBR; DA Davidson; Economic & Planning Systems
450-500*
Revive Under Construction 2015
Proposed Development Proposed 2018
Old Town North Third Phase 2007
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
Old Town North Revive Timbervine East Ridge Brownes on Howes Townhomes at
Library Park
Water's Edge
Price Range
Source: Zillow; FCBR; Economic & Planning Systems
Water's Edge
Weighted Average
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 8
Absorption
The Developer estimates the buildout of Water’s Edge residential units over a nine-year period
from 2019 to 2027, an average of 94 units per year, as shown in Figure 5. A more detailed
buildout plan for each of the residential housing products is shown in Table 6, at the end of the
Market Assessment section.
EPS conducted two analyses to evaluate the proposed buildout and absorption schedule: the first
compares the historical residential building rates in Fort Collins and Larimer County to the
planned buildout of Water’s Edge; and the second compares an estimate of supply deficits for
age-qualified 55+ for-sale housing to the proposed development. In both analyses, EPS focuses
more narrowly on an age-qualified 55+ market segment, whereas Water’s Edge is targeted
toward and not necessarily limited to this age group.
While there is a market gap or a need for age-qualified housing in Fort Collins and Larimer
County, to meet the development schedule as modeled in the Financial Plan, the development
would need to capture close to or over 100 percent of the age-qualified market. More
realistically, the development will have to appeal to more market segments than just 55 to
achieve the absorption targets. However, designing a project to have specific appeal toward a
55+ age cohort and wider-appeal to other demographics may be a difficult balance for the
development to maintain.
Figure 5
Residential Build-Out of Water’s Edge
84
109 109 108
105 105 105
92
31
0
20
40
60
80
100
120
2019 2020 2021 2022 2023 2024 2025 2026 2027
Units
Total Average
Source: DA Davidson; Economic & Planning Systems
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 9
Historical Residential Building Rates
EPS compared the proposed buildout with residential building permit data for Fort Collins and
Larimer County. From 2000 through 2015, Fort Collins averaged 1,051 residential units built per
year. Over that same time period, Larimer County (including Fort Collins) averaged 2,255
residential units per year. To estimate a potential demand for 55+ age-qualified housing, EPS
applied a typical percentage of units bought by baby-boomers, based on a national average.
Given the price points of the proposed housing products, EPS also narrowed the market to
households with incomes over $100,000. Based on these applied percentages, EPS estimates the
potential demand for age qualified 55+ housing to be 98 units per year in Fort Collins and 209
units per year in Larimer County, as shown in Table 3. Thus, to meet its proposed absorption
schedule, the development would need to capture 96 percent of the estimated demand in Fort
Collins and 45 percent of the estimated demand in Larimer County.
However, the analysis likely underestimates the potential demand for Water’s Edge.
• First, historical residential construction is an imperfect proxy for demand and likely biased
downward given available land and other constraints.
• Second, the analysis focuses more narrowly on baby-boomers or age-qualified, whereas
Water’s Edge is age-targeted.
With that in mind, the analysis highlights that to achieve its buildout assumptions the development
will have to pursue a combination of three market strategies: (1) capture almost 100 percent of
the Fort Collins age-qualified 55+ market, (2) increase Fort Collins capture rate of the Larimer
County market or attract buyers from outside the market seeking a retirement location, and/or
(3) attract a wider demographic segment than the 55+ target. While capturing 100 percent of
the Fort Collins market is likely not achievable given the varied preferences of consumers, the
other two market strategies do seem possible, but would require fairly aggressive and ultimately
successful marketing strategies. Further, it may be difficult to design a community that appeals
specifically to 55+ consumers, but also has wider appeal to other demographics and to Larimer
County as a whole.
Table 3
Water’s Edge Implied Percent Capture of Historical Construction Rates
Description
Avg.
Construction
Rate
% Sold to
Baby
Boomers [1]
% HHs > 45
with Incomes
>$100,000 [2]
Demand for
Age-Qualified
55+ Housing
Water's
Edge
%
Capture
Units/Yr Units/Yr Units/Yr
Fort Collins 1,051 32% 29% 98 94 96%
Larimer County 2,255 32% 29% 209 94 45%
[1] National average from a 2015 National Association of Realtors (NAR) report
[2] ACS 1 Year Estimate for Larimer County
Source: NAR; US Census; Census C40 Permits; Economic & Planning Systems
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 10
Estimated Supply Gap for Age-Qualified Housing
A recent study by the Highland Group entitled Needs and Opportunities in Housing and Care in
Larimer County: Next 25 Years estimated the demand, supply, and corresponding gap for
different types of senior housing in Larimer County, including nursing homes, assisted living,
independent living, and for-sale age-qualified 55+ products (single family homes, townhomes,
condominiums, and mobile homes). For the for-sale age-qualified 55+ products, the study found
the supply in 2015 to be 1,359 units; the study does not estimate that there will be any new
product built by 2020. At the same time while supply is static, the study estimates that demand
will increase from 1,660 units in 2015 to 2,300 units in 2030. If no new supply is built, by 2030,
Larimer County will have a supply deficit of 941 units.
If Water’s Edge was age-qualified rather than age-targeted 55+, it would need to capture 90
percent of the estimated supply deficit of Larimer County in 2030 to meet its buildout
assumption from 2018 to 2026. For this assumption to be realistic, Water’s Edge would have to
face little competition, and the development would have to meet the preferences of almost all of
the potential buyers. Moreover, the estimated supply deficit is for all income levels. In contrast,
Water’s Edge will only be viable for households at the upper end of the income spectrum, making
such a high capture percentage even less likely. Thus, similar to the historical construction rate
analysis, the analysis underscores the need for the development to capture larger segments of
the market than just 55+.
Table 4
Water’s Edge Implied Percent Capture of Estimated Supply Deficit for Age-Qualified 55+ For-Sale
Housing
Description Supply Demand
Supply
Deficit
Water's
Edge % Capture
2015 2030 2030
Market Estimate 1,359 2,300 941 848 90%
Source: The Highland Group; Economic & Planning Systems
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 11
Commercial Development
Market Values
For its public revenue estimates, the Water’s Edge Financial Plan assumed that the retail space in
the development will have a market value of $250 per square foot. To benchmark this
assumption, EPS compared it to the historical five-year average sales price per square foot of
retail space in the Fort Collins market and to the capitalized value of retail space. Capitalized
value was calculated by dividing the five-year average retail rent per square foot by the five-year
average capitalization rate in the Fort Collins market. The Water’s Edge assumption is 14 percent
greater than the average sales price, which was $214 per square foot, and 4 percent greater
than the capitalized value, which was approximately $241 per square foot, as shown in Table 5.
Given the fact that newer retail space will likely trade at a premium, EPS finds the market value
assumption to be appropriate.
Table 5
Retail Market Value Comparison
Retail Demand
The Developer proposes that the 70,000 square feet of commercial development take place from
2023 to 2027, with 20,000 square feet built in 2023 and again in 2025, and 30,000 square feet
built in 2027, as shown in Figure 6 and Table 6.
The level of commercial development proposed essentially represents a grocery store anchored
community retail center, with a variety of full and limited service restaurants, bars and
breweries, and other ancillary retail surrounding the anchor. The North Fort Collins market is a
significant growth area of the city and will likely be able to support a neighborhood or community
retail project in the near future. However, in the Financial Plan, the Developer proposes to build
retail space in smaller increments and simultaneous with the residential portion of the
development. More realistically, this retail development would not occur until the trade area has
reached certain household thresholds that would be supportive of an anchor grocery store. This
grocery store would then spur ancillary retail space in the development.
In addition, Water’s Edge will likely face competition for this retail demand. Specifically, the
significantly larger proposed Montava project is planning to build a community retail center that
would directly compete with Water’s Edge for support from the North Fort Collins trade area. This
project is planned at a more central location on Mountain Vista Drive. In the short to medium
term, there likely isn’t enough retail demand to support more than one community center.
Sales Price Capitalized Water's Edge
Description Per Sq. Ft. [1] Value [2] Assumption
Market Value ($/Sq. Ft.) $214.00 $240.73 $250.00
% Difference [2] 14% 4% 0%
[1] 5-year average sales price per sq. ft.
[3] Percent difference from the market value assumption.
Source: CoStar; Economic & Planning Systems
[2] Capitalized value equals the 5-year average rent divided by the 5-year average capitalization rate or
$15.89 / 6.60%.
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 12
Figure 6
Commercial Buildout of Water’s Edge
Table 6
Water’s Edge Development Program and Build-Out
0 0 0 0
20,000
0
20,000
0
30,000
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
2019 2020 2021 2022 2023 2024 2025 2026 2027
Sq. Ft.
Source: DA Davidson; Economic & Planning Systems
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 13
Financial Analysis
The Service Plan proposes to use the stream of revenues raised from mill levies to issue debt in
the form of bonds. These bond proceeds will be used to reimburse the Developer for public
improvement costs. This section reviews proposed public improvement costs and the revenue
and debt estimates described in the Metro District Service Plan.
Public Improvement Costs
The Developer estimates public improvement costs will be approximately $98.5 million, as shown
in Table 7. This total cost is divided between two phases and between non-basic (off-site)
infrastructure, representing more regional improvements, and basic (in tract) infrastructure,
representing infrastructure that would normally be associated with development projects and
horizontal construction. The non-basic infrastructure is estimated to be $32 million or
approximately 33 percent of total infrastructure costs. The basic infrastructure is estimated to be
$66 million or 67 percent of total infrastructure costs.
Table 7
Public Infrastructure and Estimated Costs
Phase I Phase II Total
Description Amount % Total Amount % Total Amount % Total
Non-Basic
Non-potable Water System $3,105,500 8% $2,611,000 4% $5,716,500 6%
Open Space, Parks and Recreation $5,839,832 16% $10,521,000 17% $16,360,832 17%
Design, Engineering, etc. $1,610,160 4% $2,363,760 4% $3,973,920 4%
Contruction Management $304,141 1% $446,488 1% $750,629 1%
Contingency $2,171,927 6% $3,188,450 5% $5,360,377 5%
Subtotal $13,031,560 35% $19,130,698 31% $32,162,258 33%
Basic
Allocation (50%) of Overlot Grading $752,500 2% $1,693,000 3% $2,445,500 2%
Sitework $2,207,853 6% $3,234,000 5% $5,441,853 6%
Sanitary Sewer $1,919,069 5% $3,565,000 6% $5,484,069 6%
Storm Drain $1,379,202 4% $2,849,000 5% $4,228,202 4%
Waterline $2,013,401 5% $3,431,000 6% $5,444,401 6%
Retaining Wall $1,033,982 3% $2,326,000 4% $3,359,982 3%
Utility Sleeving $137,500 0% $287,000 0% $424,500 0%
Concreate Flatwork $2,550,105 7% $4,412,000 7% $6,962,105 7%
Base Course and Paving $3,191,956 9% $5,393,000 9% $8,584,956 9%
Traffic Control $148,250 0% $247,000 0% $395,250 0%
Open Space, Parks and Recreation $1,281,432 3% $1,493,000 2% $2,774,432 3%
Design, Engineering, etc. $2,990,745 8% $5,207,400 8% $8,198,145 8%
Contruction Management $564,918 2% $983,620 2% $1,548,538 2%
Contingency $4,034,183 11% $7,024,204 11% $11,058,387 11%
Subtotal $24,205,096 65% $42,145,224 69% $66,350,320 67%
TOTAL $37,236,656 100% $61,275,922 100% $98,512,578 100%
Source: Economic & Planning Systems
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 14
Revenue Estimates
Proposed Mill Levies and Facility Fee
The proposed maximum District Mill Levy of 50 mills is relatively common and within the
distribution of similar metro districts for master planned communities in the Colorado Front
Range. The 50 mills would be added to the existing property tax levy of 90.828 mills and
increase the property tax burden by 55 percent. For the residential portion of the property, the
maximum District Mill Levy would result in an average of $1,908 per year or $160 per month of
additional cost to the tenant. For the commercial portion of the property, the maximum District
Mill levy would result in an average of $3.63 per square feet of additional property tax cost per
year, as shown in Table 8.
Table 8
Metro District Mill Levies
Public Revenue Forecasts
D.A. Davidson, the District’s financial advisor, estimates that the Metro District will generate a
total of $107.5 million in revenues from Debt Mill Levy collections, Special Ownership Taxes, and
Facility Fees, as shown in Table 9. The market value and absorption assumptions described
above are the main drivers of these revenue estimates along with assumptions about price
appreciation.
As will be described in more detail in the next section, these public revenues will be used to
generate approximately $43.6 million in project funds that can then be used to reimburse the
Developer for infrastructure expenditures related to the public improvements.
Market Assessed Property Tax
Description Value Value Existing District Total
90.828 mills 50.000 mills 140.828 mills
Residential (Units) 7.20%
Estate Homes $1,125,000 $81,000 $7,357 $4,050 $11,407
Custom Water Front $1,500,000 $108,000 $9,809 $5,400 $15,209
Courtyard Ranch $461,500 $33,228 $3,018 $1,661 $4,679
Standard Ranch $538,450 $38,768 $3,521 $1,938 $5,460
Standard Ranch - 3 Car $605,000 $43,560 $3,956 $2,178 $6,134
Large Active Adult Patio $735,000 $52,920 $4,807 $2,646 $7,453
Townhome $396,000 $28,512 $2,590 $1,426 $4,015
Condominium $300,000 $21,600 $1,962 $1,080 $3,042
Weighted Average $530,100 $38,167 $3,467 $1,908 $5,375
% Total 64% 36% 100%
Commercial ($/SF) 29.00%
Retail $250 $73 $6.59 $3.63 $10.21
% Total 64% 36% 100%
Source: DA Davidson; Economic & Planning Systems
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 15
Table 9
Waterfield Metro District Revenue Forecasts
Bond Proceeds
D.A. Davidson estimated the potential public finance revenues and bond capacity for Water’s
Edge, which are reported in the Financial Plan of the Service Plan. In the Financial Plan, D.A.
Davidson proposes to sell two series of bonds, as shown in Table 10. The first series will be
issued in 2019 and generate approximately $24.4 million in project funds. The second series will
be issued in 2029 and will be used to pay-off the outstanding debt service in the Series 2020
issuance, and then generate an additional $19.2 million in project funds. Together, D.A.
Davidson estimates that the issuances will generate $43.6 million in project funds—slightly less
than the Developer proposed maximum debt issuance of $45 million.
A reduction in the proposed market values for the residential and commercial development would
reduce the total bond proceeds. An extended buildout and absorption period would also reduce
the value of the total bond proceeds. The underwriting process and bond structure includes
reserve funds and capitalized interest to help mitigate differences between forecasted and actual
values relating to market values, buildout schedule, and other variables.
Table 10
Estimated Bond Proceeds
Description Amount % Total
Debt Mill Levy Collections [1] $98,931,551 92%
S.O. Taxes Collected $5,935,893 6%
Facililty Fee $2,636,250 2%
Total Revenue $107,503,694 100%
[1] Assumes a collection rate of 98 percent.
Source: DA Davidson; Economic & Planning Systems
Description Series 2019 Series 2029 Total
Bond Proceeds $33,535,000 $50,330,000 $83,865,000
Other Funds [1] -$8,114,990 $3,329,740 -$4,785,250
Refunding Deposits [2] $0 -$34,004,375 -$34,004,375
Cost of Issuance -$300,000 -$200,000 -$500,000
Underwriter's Discount -$670,700 -$251,650 -$922,350
Project Funds $24,449,310 $19,203,715 $43,653,025
[1] Debt reserves and other funds available.
[2] Refinancing previous bond series.
Source: DA Davidson; Economic & Planning Systems
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 16
Public Benefits
The City’s proposed policy for reviewing metro districts supports the formation of a district
“where it will deliver extraordinary public benefits that align with the goals and objectives of the
City”. The proposed policy goes on to define four focus areas or types of benefits that meet this
policy as follows:
• Environmental Sustainability Outcomes – defined as public improvements that provide
environmental benefits including reduction in greenhouse gases, water or energy
conservation, community resiliency against natural disasters, renewable energy capacity,
and/or other environmental outcomes.
• Critical Public Infrastructure – public improvements that address significant infrastructure
needs previously identified by the City.
• Smart Growth Management – public improvements that facilitate design that increases
development density, enhances walkability, increases the availability of transit or multimodal
facilities, and/or encourages mixed use development patterns.
• Strategic Priorities – public improvements that address City priorities including affordable
housing, infill or redevelopment, and economic health improvements (e.g., job growth
business retention, or construction of a missing economic resource).
The Developer has identified and estimated the value of a number of public benefits provided by
the District, as shown in Table 11. These include the non-basic infrastructure initially described
in the Public Improvement Costs section of this memo. The Developer also identified so-called
“indirect costs” associated with housing product geared toward seniors. These include step-less
entries, wider lots for single-level, senior-friendly housing design, and single level building costs.
In total, the Developer estimates these public benefits to have a cost of $73.7 million. In
addition, the Developer notes that housing that enables residents to age in place and delay going
to independent or assisted living communities also saves households money.
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 17
EPS reviewed the Non-Basic and Indirect Costs identified by the Developer as public benefits as
shown in Table 11.
Table 11
Water’s Edge Public Benefits
EPS has assumed the non-basic public infrastructure costs as meeting the criteria for extraordinary
public benefits as defined in the draft metro district policy. In our opinion, the landscaping costs
should be considered basic rather than non-basic infrastructure. Based on an initial round of
edits, the Developer had reduced the estimated non-basic landscaping budget by half.
EPS believes the Indirect Costs should not be categorized as extraordinary. The extra-costs and
extra-benefits from the senior housing generally are paid for and accrue to the home-buyers and
not to the public at-large. This may be different if the Developer indicated that District fund were
being used to make housing more affordable in Water’s Edge. Affordable housing is one of the
City’s strategic initiatives. However, the Developer has not indicated this, and, moreover, the
proposed home prices are at the higher range of the Fort Collins market.
Developer EPS
Description Amount % Total Amount % Total
Non-Basic Infrastructure
Non-potable Water System $5,716,500 8% $5,716,500 18%
Open Space, Parks and Recreation
Artisan Workshop/Inventors Center $3,500,000 5% $3,500,000 11%
Sustainability Center $1,500,000 2% $1,500,000 5%
Senior Activities Center $7,000,000 10% $7,000,000 22%
Rehabilitation of Windsor No. 8 Ditch $2,000,000 3% $2,000,000 6%
Landscaping [1] $2,360,831 3% $2,360,831 8%
Subtotal $16,360,832 22% $16,360,832 52%
Soft Costs
Design, Engineering, etc. $3,973,920 5% $3,973,920 13%
Contruction Management $750,629 1% $750,629 2%
Contingency $5,360,377 7% $4,415,466 14%
Subtotal $10,084,926 14% $9,140,015 29%
Subtotal: Non-Basic $32,162,258 44% $31,217,347 100%
Indirect Costs
Stepless Entries Accommodate Senior Access $2,056,500 3% 0 0%
Wider Lots to Accommodate Single-Level Housing $10,780,585 15% 0 0%
Single-Level Additional Building Costs $28,682,438 39% 0 0%
Subtotal: Indirect $41,519,523 56% $0 0%
TOTAL $73,681,781 100% $31,217,347 100%
Source: Economic & Planning Systems
Memorandum August 17, 2018
Water’s Edge Metro District Review Page 18
In total, EPS estimates that the cost of the extraordinary public benefits are approximately $31.1
million as currently described by the Developer. These benefits are less than the estimated bond
proceeds of $43.7 million proposed in the Service Plan.
Summary of Conclusions
• The proposed maximum aggregate mill levy of 50 mills exceeds the maximum mill levy of 40
mills in the current metro district policy but is equal to the proposed maximum mill levy of 50
mills in the proposed new policy.
• At 848 units, Water’s Edge would be one of the larger residential development projects in
Fort Collins over the last 10 years. Further, the proposed buildout of residential units for
Water’s Edge is aggressive, especially given the fact that the development is priced at the
upper end of the Fort Collins market and targeting households over 55 years of age. To
meet such a build out schedule, the project will either have to lower its price points, market
to a wider age distribution, and/or attract a greater number of retiree households outside of
Larimer County.
• As a luxury development, some buyers will be willing to pay the extra mill levies for the project
amenities. However, it needs to be recognized that at the estimated pricing, plus the metro
district costs, this will be one of the more expensive developments in northern Colorado.
• A longer-term buildout will affect the timing of when revenues will be available to service
debt and could, at an extreme, risk default of bond payments. Bond instruments, however,
mitigate such a risk through capitalized interest payments, debt service coverage ratios, and
reserve funds.
• North Fort Collins is one of the only remaining growth areas of the city. The market should be
able to support retail development at least equal to a grocery store anchored community
center. While the planned retail development of 70,000 square feet is not unreasonable given
the potential size of the overall trade area, Water’s Edge will likely face competition for this
retail demand. Specifically, the proposed Montava development is planning to build a
community retail center that would compete with Water’s Edge and is more optimally located
to serve the larger North Fort Collins trade area. In the short to medium term, there likely
isn’t enough retail demand to support more than one community retail center.
• The Developer has identified a total of $73.7 million in public benefits within the project. Of
these public benefits identified, EPS estimates that approximately $31.1 million meet the
definition of extraordinary public benefits as outlined in the City’s proposed metro district
policy. This amount corresponds with the non-basic infrastructure estimate provided by the
Developer.
• These eligible extraordinary benefits are substantially less than the estimated $43.7 million
of bond proceeds available to the Developer to pay for infrastructure costs.
• The Service Plan does not guarantee the delivery of public benefits. Public benefits will have
to be vetted and guaranteed through additional approval steps for the metro district,
including approval of the development plan.
Waters’ Edge Metro District Proposal
Proposal for a multi-district metro district for the Waters’ Edge development (Phase I and II). The
purpose of the metro district is to finance, construct, operate and maintain a number of public
improvements for the benefit of the residents and the community at large.
The proposal is focused around basic improvements that enable the senior-friendly housing type and
community design, a non-potable water system, the restoration of the Windsor #9 ditch, enhanced open
spaces and trails, a number of community facilities, and other public improvements.
Positive
• Rehabilitation of the Windsor #8
ditch, creating wetlands, improving
water quality and providing habitat
for wildlife.
• Non-potable, district-controlled
water system resulting in 55%
reduction in treated water saving on
energy from water treatment and
reducing water usage through
district run watering practices.
• Sustainability center and
community gardens, as we
understand the proposal, will result
in educational and community
engagement opportunities around
community gardening and
sustainability.
Negative
• None identified (development
facilitated by metro district
compared to standard
development).
Positive
• Funding for regional improvements
– Vine/Lemay and Turnberry [Ask
Tom].
•
Negative
• None identified.
Positive
• Expanded trails, distributed
community gardens, and enhanced
parks and open spaces will
encourage walking, socialization,
and health outcomes.
• Increased social interactions at
senior oriented community facilities –
Senior Activities Center, Artisan
Workshop and Inventors Center, and
a Sustainability Center.
• Improved sense of belonging for
demographic 55+ population due to
senior-friendly community design.
Negative
• None identified.
Tradeoffs
• X
• X
Mitigations
• X
• X
Key Alignment:
xxxx
insert visualization image here
X
X
X
CONSOLIDATED SERVICE PLAN
FOR
WATERS’ EDGE METROPOLITAN DISTRICT NOS. 1-5
CITY OF FORT COLLINS, COLORADO
Prepared by:
White Bear Ankele Tanaka & Waldron, Professional Corporation
748 Whalers Way, Suite 210
Fort Collins, Colorado 80525
Submitted On: August 29, 2018
Approved On: September 418, 2018
ATTACHMENT 4
i
Table of Contents
INTRODUCTION..........................................................................................................................1
Purpose and Intent ........................................................................................................................1
Need for Districts .........................................................................................................................1
Objective of the City regarding Districts’ Service Plan ...............................................................2
City Approvals .............................................................................................................................2
DEFINITIONS ...............................................................................................................................2
BOUNDARIES AND LOCATION ..............................................................................................6
DESCRIPTION OF PROJECT, PLANNED DEVELOPMENT, PUBLIC BENEFITS &
ASSESSED VALUATION ................................................................................... 6VALUATION
..........................................................................................................................................................7
Project and Planned Development ......................................................................... 6Development
......................................................................................................................................................7
Public Benefits .............................................................................................................................7
Assessed Valuation ......................................................................................................................8
INCLUSION OF LAND IN THE SERVICE AREA ..................................................................8
DISTRICT GOVERNANCE ........................................................................... 8GOVERNANCE
..........................................................................................................................................................9
AUTHORIZED AND PROHIBITED POWERS ...................................................... 8POWERS
..........................................................................................................................................................9
Prohibited Improvements and Services and other Restrictions and Limitations .......................9
Eminent Domain Restriction ..............................................................................................9
Fee Limitation ....................................................................................................................9
........................................................................................................................................................10
Operations and Maintenance ..............................................................................................9
........................................................................................................................................................10
Fire Protection Restriction ...............................................................................................10
Public Safety Services Restriction ...................................................................................10
Grants from Governmental Agencies Restriction ............................................................10
Golf Course Construction Restriction .............................................................. 10Restriction
........................................................................................................................................................11
Television Relay and Translation Restriction ..................................................................10
........................................................................................................................................................11
ii
Potable Water and Wastewater Treatment Facilities .......................................................11
Sales and Use Tax Exemption Limitation .......................................................................11
Sub-district Restriction ....................................................................................................11
Initial Debt Limitation .....................................................................................................11
Privately Placed Debt Limitation .....................................................................................11
Special Assessments ..................................................................................... 11Assessments
........................................................................................................................................................12
PUBLIC IMPROVEMENTS AND ESTIMATED COSTS ....................................... 11COSTS
........................................................................................................................................................12
Development Standards .............................................................................................. 12Standards
....................................................................................................................................................13
Contracting .................................................................................................................................12
Contracting .................................................................................................................................13
Land Acquisition and Conveyance ............................................................................................13
Equal Employment and Discrimination .....................................................................................13
FINANCIAL PLAN/PROPOSED DEBT ....................................................................... 13DEBT
........................................................................................................................................................14
Financial Plan ..................................................................................................................... 13Plan
....................................................................................................................................................14
Mill Levies .................................................................................................................................14
Aggregate Mill Levy Maximum ......................................................................................14
Regional Mill Levy Not Included in Other Mill Levies ..................................................14
Operating Mill Levy ........................................................................................................14
Gallagher Adjustments .....................................................................................................14
........................................................................................................................................................15
Excessive Mill Levy Pledges ............................................................................................14
........................................................................................................................................................15
Refunding Debt ................................................................................................................15
Maximum Debt Authorization ..........................................................................................15
Maximum Voted Interest Rate and Underwriting Discount ......................................................16
Interest Rate and Underwriting Discount Certification ..............................................................16
Disclosure to Purchasers ............................................................................................................16
iii
External Financial Advisor ............................................................................................ 16Advisor
....................................................................................................................................................17
Disclosure to Debt Purchasers .................................................................................. 16Purchasers
....................................................................................................................................................17
Security for Debt ........................................................................................................................17
TABOR Compliance ..................................................................................................................17
Districts’ Operating Costs ................................................................................................. 17Costs
....................................................................................................................................................18
Regional Improvements ...................................................................................... 17Improvements
........................................................................................................................................................18
Regional Mill Levy Authority .................................................................................... 17Authority
....................................................................................................................................................18
Regional Mill Levy Imposition ..................................................................................................18
City Notice Regarding Regional Improvements ........................................................................18
Regional Improvements Authorized Under Service Plan .................................................. 18Plan
....................................................................................................................................................19
Expenditure of Regional Mill Levy Revenues ........................................................... 18Revenues
....................................................................................................................................................19
Intergovernmental Agreement .........................................................................................18
........................................................................................................................................................19
No Intergovernmental Agreement ...................................................................................18
........................................................................................................................................................19
Regional Mill Levy Term .................................................................................................. 18Term
....................................................................................................................................................19
Completion of Regional Improvements .....................................................................................19
City Authority to Require Imposition ........................................................................................19
Regional Mill Levy Not Included in Other Mill Levies .............................................................19
Gallagher Adjustment ................................................................................................................19
City Fees ................................................................................................................................ 19Fees
........................................................................................................................................................20
Bankruptcy Limitations .......................................................................................... 19Limitations
........................................................................................................................................................20
Annual Reports and Board Meetings ......................................................................... 19Meetings
........................................................................................................................................................20
General .......................................................................................................................................19
iii
General .......................................................................................................................................20
Board Meetings
……………………………………………………………………………….1920
Report Requirements ..................................................................................................................20
Narrative ...........................................................................................................................20
Financial Statements .........................................................................................................20
Capital Expenditures ........................................................................................................20
........................................................................................................................................................21
Financial Obligations ........................................................................................................20
........................................................................................................................................................21
Other Information ............................................................................................................20
........................................................................................................................................................21
Reporting of Significant Events ...................................................................................... 20Events
....................................................................................................................................................21
Failure to Submit ............................................................................................................ 21Submit
....................................................................................................................................................22
Service Plan Amendments .................................................................................... 21Amendments
........................................................................................................................................................22
Material Modifications ........................................................................................ 21Modifications
........................................................................................................................................................22
Dissolution ....................................................................................................................................22
Sanctions .......................................................................................................................................22
Conclusion ....................................................................................................................................22
Dissolution ....................................................................................................................................23
Sanctions .......................................................................................................................................23
Conclusion ....................................................................................................................................23
Resolution of Approval ............................................................................................... 23Approval
........................................................................................................................................................24
iv
EXHIBITS
EXHIBIT A-1 Legal Description of District No. 1 Boundaries
EXHIBIT A-2 Legal Description of District No. 2 Boundaries
EXHIBIT A-3 Legal Description of District No. 3 Boundaries
EXHIBIT A-4 Legal Description of District No. 4 Boundaries
EXHIBIT A-5 Legal Description of District No. 5 Boundaries
EXHIBIT B-1 District No. 1 Boundary Map
EXHIBIT B-2 District No. 2 Boundary Map
EXHIBIT B-3 District No. 3 Boundary Map
EXHIBIT B-4 District No. 4 Boundary Map
EXHIBIT B-5 District No. 5 Boundary Map
EXHIBIT C Legal Description of Inclusion Area Boundaries
EXHIBIT D Inclusion Area Boundary Map
EXHIBIT E Vicinity Map
EXHIBIT F Legal Description of Annexation Area Boundaries
EXHIBIT G Annexation Area Boundary Map
EXHIBIT H Public Improvement Cost Estimates
EXHIBIT I Public Improvements Maps
EXHIBIT J Financial Plan
EXHIBIT K Public Benefits
EXHIBIT L Disclosure Notice
1
I. INTRODUCTION
A. Purpose and Intent.
The Districts, which are intended to be independent units of local government separate
and distinct from the City, are governed by this Service Plan, the Special District Act and
other applicable State law. Except as may otherwise be provided for by State law, City Code
or this Service Plan, the Districts’ activities are subject to review and approval by the City
Council only insofar as they are a material modification of this Service Plan under C.R.S.
Section 32-1-207 of the Special District Act.
It is intended that the Districts will provide all or part of the Public Improvements for
the Project for the use and benefit of all anticipated inhabitants and taxpayers of the Districts.
The primary purpose of the Districts will be to finance the construction of a portion of these
Public Improvements by the issuance of Debt.
It is also intended thatunder this Service Plan alsothat no District shall be
authorized to issue any Debt, impose a Debt Mill Levy or impose any Fees for payment
on Debt unless and until the delivery of the applicable Public Benefits described in
Section IV.B of this Service Plan has been secured in accordance with Section IV.B of
this Service Plan.
It is further intended that this Service Plan requires the Districts to pay a portion of the cost
of the Regional Improvements, as provided in Section X of this Service Plan, as part of ensuring
that those privately-owned properties to be developed in the Districts that benefit from the
Regional Improvements pay a reasonable share of the associated costs.
The Districts are not intended to provide ongoing operations and maintenance services
except as expressly authorized in this Service Plan.
It is the intent of the Districts to 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 Districts are authorized in this Service Plan to perform continuing operating or
maintenance functions, the Districts shall continue in existence for the sole purpose of providing
such functions and shall retain only the powers necessary to impose and collect the taxes or Fees
authorized in this Service Plan to pay for the costs of those functions.
It is intended that the Districts shall strictly comply with the provisions of this Service Plan
and that the City may enforce any non-compliance with these provisions as provided in Section
XVII of this Service Plan.
B. Need for the Districts.
There are currently no other governmental entities, including the City, located in the
immediate vicinity of the Districts that consider it desirable, feasible or practical to undertake the
planning, design, acquisition, construction, installation, relocation, redevelopment and financing
2
of the Public Improvements needed for the Project. Formation of the Districts 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 City Regarding Districts’ Service Plan.
The City’s objective in approving this Service Plan is to authorize the Districts 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 Districts., but in doing so,
to also establish in this Service Plan the means by which both the Regional Improvements and the
Public Benefits will be provided. Except as specifically provided in this Service Plan, all Debt is
expected to be repaid by taxes and Fees imposed and collected for no longer than the Maximum
Debt Mill Levy Imposition Term for residential properties, and at a tax mill levy may not exceedno
higher than the Maximum Debt Mill Levy Fees imposed for the payment of Debt shall be due no
later than upon the issuance of a building permit unless a majority of the Board which imposes
such a Fee is composed of End Users as provided in Section VII.B.2. Debt which is issued within
these parameters and, as further described in the Financial Plan, will insulate property owners from
excessive tax and Fee burdens to support the servicing of the Debt and will result in a timely and
reasonable discharge of the Debt.
D. City Approvals.
Any provision in this Service Plan requiring “City” or “City Council” approval or consent
shall require the City Council’s prior written approval or consent exercised in its sole discretion.
Any provision in this Service Plan requiring “City Manager” approval or consent shall require the
City Manager’s prior written approval or consent exercised in the City Manager’s sole discretion.
II. DEFINITIONS
In this Service Plan, the following words, terms and phrases which appear in a capitalized
format shall have the meaning indicated below, unless the context clearly requires otherwise:
Annexation Area Boundaries: means the boundaries of the area legally described in
Exhibit “F” and depicted on the Annexation Area Boundary Map.
Annexation Area Boundary Map: means the map attached hereto as Exhibit “G,” depicting
the property which may be included within a District subject to the limitations set forth in
Sections III.C and V of this Service Plan.
Aggregate Mill Levy: means the total mill levy resulting from adding a District’s Debt Mill
Levy and Operating Mill Levy. A District’s Aggregate Mill Levy does not include any
Regional Mill Levy that the District may levy.
Aggregate Mill Levy Maximum: means the maximum number of combined mills that each
District may levy for its Debt Mill Levy and Operating Mill Levy, at a rate not to exceed
the limitation set in Section IX.B.1 of this Service Plan.
3
Approved Development Plan: means a City-approved development plan or other land-use
application required by the City Code for identifying, among other things, public
improvements necessary for facilitating the development of property within the Service
Area, which plan shall include, without limitation, any development agreement required
by the City Code.
Board or Boards: means the duly constituted board of directors of any of the Districts, or
the boards of directors of all of the Districts in the aggregate.
Bond, Bonds or Debt: means bonds, notes or other multiple fiscal year financial obligations
for the payment of which a District has promised to impose an ad valorem property tax
mill levy, Fees or other legally available revenue. Such terms do not include contracts
through which a District procures or provides services or tangible property.
City: means the City of Fort Collins, Colorado, a home rule municipality.
City Code: means collectively the City’s Municipal Charter, Municipal Code, Land Use
Code and ordinances as all are now existing and hereafter amended.
City Council: means the City Council of the City of Fort Collins, Colorado.
City Manager: means the City Manager of the City of Fort Collins, Colorado.
C.R.S.: means the Colorado Revised Statutes.
Debt Mill Levy: means a property tax mill levy imposed on Taxable Property within a
District for the purpose of paying Debt as authorized in this Service Plan, at a rate not to
exceed the limitations set in Section IX.B.
Developer: means a person or entity that is the owner of property or owner of contractual
rights to property in the Service Area that intends to develop the property.
District: means Waters’ Edge Metropolitan District No. 1, Waters’ Edge Metropolitan
District No. 2, Waters’ Edge Metropolitan District No. 3, Waters’ Edge Metropolitan
District No. 4 and Waters’ Edge Metropolitan District No. 5, individually, each organized
under and governed by this Service Plan.
District No. 1 Boundaries: means the boundaries of the area legally described in Exhibit
“A-1” attached hereto and incorporated by reference and as depicted in the District No. 1
Boundary Map.
District No. 2 Boundaries: means the boundaries of the area legally described in Exhibit
“A-2” attached hereto and incorporated by reference and as depicted in the District No. 2
Boundary Map.
District No. 3 Boundaries: means the boundaries of the area legally described in Exhibit
“A-3” attached hereto and incorporated by reference and as depicted in the District No. 3
Boundary Map.
District No. 4 Boundaries: means the boundaries of the area legally described in Exhibit
“A-4” attached hereto and incorporated by reference and as depicted in the District No. 4
Boundary Map.
4
District No. 5 Boundaries: means the boundaries of the area legally described in Exhibit
“A-5” attached hereto and incorporated by reference and as depicted in the District No. 5
Boundary Map.
District No. 1 Boundary Map: means the map of the District No. 1 Boundaries attached
hereto as Exhibit “B-1” and incorporated by reference.
District No. 2 Boundary Map: means the map of the District No. 2 Boundaries attached
hereto as Exhibit “B-2” and incorporated by reference.
District No. 3 Boundary Map: means the map of the District No. 3 Boundaries attached
hereto as Exhibit “B-3” and incorporated by reference.
District No. 3 Boundary Map: means the map of the District No. 4 Boundaries attached
hereto as Exhibit “B-4” and incorporated by reference.
District No. 3 Boundary Map: means the map of the District No. 5 Boundaries attached
hereto as Exhibit “B-5” and incorporated by reference.
Districts: means Waters’ Edge Metropolitan District No. 1, Waters’ Edge Metropolitan
District No. 2, Waters’ Edge Metropolitan District No. 3, Waters’ Edge Metropolitan
District No. 4 and Waters’ Edge Metropolitan District No. 5, collectively, organized under
and governed by this Service Plan.
End User: means any owner, or tenant of any owner, of any property within the Districts,
who is intended to become burdened by the imposition of ad valorem property taxes and/or
Fees. By way of illustration, a resident homeowner, renter, commercial property owner or
commercial tenant is an End User. A Developer and any person or entity that constructs
homes or commercial structures is not an End User.
External Financial Advisor: means a consultant that: (1) is qualified to advise 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; (2) shall be an underwriter, investment banker, or individual listed as a
public finance advisor in the Bond Buyer’s Municipal Market Place or, in the City’s sole
discretion, other recognized publication as a provider of financial projections; and (3) is
not an officer or employee of the Districts or an underwriter of the Districts’ Debt.
Fees: means the fees, rates, tolls, penalties and charges each District is authorized to impose
and collect under this Service Plan.
Financial Plan: means the Financial Plan described in Section IX of this Service Plan which
is prepared by D.A. Davidson and Co. in accordance with the requirements of this Service
Plan and describes (a) how the Public Improvements are to be financed; (b) how the Debt
is expected to be incurred; and (c) the estimated operating revenue derived from property
taxes and any Fees for the first budget year through the year in which all of the Districts’
Debt is expected to be defeased or paid in the ordinary course.
Inclusion Area Boundaries: means the boundaries of the property that is anticipated to be
added to the District Boundaries after the District organization, which property is legally
described in Exhibit “C” attached hereto and incorporated by reference and depicted in
the map attached hereto as Exhibit “D” and incorporated herein by reference.
5
Maximum Debt Authorization: means the total Debt the Districts are permitted to issue as
set forth in Section IX.B.7 of this Service Plan.
Maximum Debt Mill Levy Imposition Term: means the maximum term during which a
District’s Debt Mill Levy may be imposed on residential property within its boundaries,
which shall include residential properties in mixed-use developments. This maximum term
shall not exceed forty (40) years from December 31 of the year this Service Plan is
approved by the City Council.
Operating Mill Levy: means a property tax mill levy imposed on Taxable Property for the
purpose of funding District administration, operations and maintenance as authorized in
this Service Plan, including, without limitation, repair and replacement of Public
Improvements, and imposed at a rate not to exceed the limitations set in Section IX.B of
this Service Plan.
Planned Development: means the private development or redevelopment of the properties
in the Service Area, commonly referred to as the Waters’ Edge development, under an
Approved Development Plan.
Project: means the installation and construction of the Public Improvements for the Planned
Development, commonly referred to as “Waters’ Edge”..
Public Improvements: means the improvements and infrastructure the Districts are
authorized by this Service Plan to fund and construct for the Planned Development to serve
the future taxpayers and inhabitants of the Districts, except as specifically prohibited or
limited in this Service Plan. Public Improvements shall include, without limitation, the
improvements and infrastructure described in Exhibit “H” attached hereto and
incorporated by reference. Public Improvements do not include Regional Improvements.
Regional Improvements: means any regional public improvement identified by the City, as
provided in Section X of this Service Plan, for funding, in whole or part, by a Regional
Mill Levy levied by the Districts.
Regional Mill Levy: means the property tax mill tax imposed on Taxable Property for the
purpose of planning, designing, acquiring, funding, constructing, installing, relocating
and/or redeveloping the Regional Improvements and/or to fund the administration and
overhead costs related to the Regional Improvements, as provided in Section X of this
Service Plan.
Service Area: means the property collectively within the District No. 1 Boundaries, District
No. 2 Boundaries, District No. 3 Boundaries, District No. 4 Boundaries, District No. 5
Boundaries, Inclusion Area Boundaries and any property within the Annexation Area
Boundaries which is included into any of the Districts in accordance with this Service Plan.
Special District Act: means Article 1 in Title 32 of the Colorado Revised Statutes, as
amended.
Service Plan: means this service plan for the Districts approved by the City Council.
Service Plan Amendment: means a material modification of the Service Plan approved by
the City Council in accordance with the Special District Act, this Service Plan and any
other applicable law.
6
State: means the State of Colorado.
Taxable Property: means the real and personal property within the Service Area that will
subject to the ad valorem taxes imposed by the Districts.
TABOR: means Colorado’s Taxpayer’s Bill of Rights in Article X, Section 20 of the
Colorado Constitution.
Vicinity Map: means the map attached hereto as Exhibit “E” and incorporated by
reference depicting the location of the Service Area within the regional area surrounding
it.
III. BOUNDARIES AND LOCATION
A. District Boundaries.
The area of the District No. 1 Boundaries includes approximately 0.0574 acres, District
No. 2 Boundaries includes approximately 88.354 acres; District No. 3 Boundaries includes
approximately 0.0574 acres; District No. 4 Boundaries includes approximately 0.0574 acres and
District No. 5 Boundaries includes approximately 0.0574 acres. A legal description and map of
the District No. 1 Boundaries are attached hereto as Exhibit A-1 and Exhibit B-1, respectively, a
legal description and map of the District No. 2 Boundaries are attached hereto as Exhibit A-2 and
Exhibit B-2, respectively, a legal description and map of the District No. 3 Boundaries are attached
hereto as Exhibit A-3 and Exhibit B-3, respectively, a legal description and map of the District
No. 4 Boundaries are attached hereto as Exhibit A-4 and Exhibit B-4, respectively and a legal
description and map of the District No. 5 Boundaries are attached hereto as Exhibit A-5 and
Exhibit B-5, respectively. It is anticipated that the Districts’ boundaries may expand or contract
from time to time as the Districts undertake inclusions or exclusions pursuant to the Special District
Act, subject to the limitations set forth in this Service Plan.
B. Inclusion Area Boundaries.
The legal description and boundary map of the Inclusion Area Boundaries are attached
hereto as Exhibit C and Exhibit D, respectfully. All property within the Inclusion Area
Boundaries is within the Service Area and may be included into or excluded from any District
without the prior approval of the City subject to the limitations of Section V of this Service Plan.
The location of the Service Area is further depicted in the Vicinity Map attached as Exhibit E.
C. Annexation Area Boundaries.
The legal description and boundary map of the Annexation Area Boundaries are attached
hereto as Exhibit F and Exhibit G, respectfully. The Annexation Area Boundaries are not
currently within the boundaries of the City. If, in the future, the City annexes any or all of the
Annexation Area Boundaries, and with prior City Manager approval, the then property owner of
the annexed property within the Annexation Area Boundaries may petition any of the Districts for
inclusion of such property into the boundaries of a District. Upon inclusion of any property within
the Annexation Area Boundaries into any of the Districts, in accordance with this Section III.C,
such property shall be included within the Service Area.
7
IV. DESCRIPTION OF PROJECT, PLANNED DEVELOPMENT, PUBLIC
BENEFITS & ASSESSED VALUATION
A. Project and Planned Development.
The current Developer of the Project and Planned Development is Waters’ Edge
Investments LLLP. The Development Plan for the Project includes approximately 848 single
family residential and multi-family units, a community garden, a community center, a
sustainability center, a commercial center and substantial open space and walking trails. The goal
of this Project and Planned Development is to create an age-targeted community that allows
residents to remain in their homes as long as possible; a segment of the City’s population which
is currently under-served. The Planned Development is currently intended to reach build out in
2027, with an estimated population of 2,120 persons. In accordance with the Financial Plan, the
estimated assessed valuation of the Planned Development in 2023 will be $14,281,485, and in
2028 will be $42,985,737.
Approval of this Service Plan by the City Council does not imply approval of the
development of any particular land-use for any specific area within the Districts. Any such
approval must be contained within an Approved Development Plan.
B. Public Benefits.
TheIn addition to providing a portion of the Public Improvements and Regional
Improvements, the organization of the Districts is intended to enable the Project and Planned
Development to deliver a number of direct and indirect public benefits, including: (i) Affordable
Housing, (ii) Significant Water Reduction of Potable Water, (iii) Enhanced and Expanded Open
Space, Parks and Trails, (iv) Rehabilitation of the Windsor No. 8 Ditch, and (v) Delayed Assisted
Living. The public benefits to be provided under this Service Plan are specifically described in
Exhibit K attached hereto and incorporated herein by reference (collectively the “Public
Benefits”), as more particularly set forth in Exhibit K.”).
This Project and Planned Development will result in an extraordinary community
exhibiting the newest aspects of smart growth, included but not limited to, providing housing
options to an under-served segment of the City’s population, energy and water conservation,
reduction in the City’s carbon footprint, substantial community services, enhancements to the
natural environment and smart and purposeful growth. The Service Area includes approximately
40% open space, incorporating direct access to such open space from each lot through a system of
expansive trails to allow bike/pedestrian/scooter access to community parks and other amenities.
The Project’s planned non-potable water system is designed not just to save potable water supplies,
but also reduce overall irrigation uses by approximately 30%. The Planned Development includes
single family house designs of 100% single level living, nearly all ranches, and many with stepless
entries designed to allow seniors to age-in-place independently and delay re-location to assisted
living facilities.
8
The purpose of the Districts is to provide for the planning, design, acquisition, construction,
installation, relocation and redevelopment of a portion of the Public Improvements necessary to
enable the Project and Planned Development to develop as planned.
NotwithstandingTherefore, notwithstanding any provision to the contrary contained in this
Service Plan, ano District shall not be authorized to issue any Debt, or to impose a Debt Mill Levy
or Fees for the purpose of repaymentpayment of Debt on any property within the Project Taxable
Property unless and until the delivery of the Public Benefits specifically related to the phase of
development or Public Improvements which willthe Planned Development or portion of the
Project to be financed with such Debt, Debt Mill Levy or Fees, are secured in a manner approved
by the City ManagerCouncil. To satisfy this prerequisiteprecondition to the issuance of Debt and
to the imposition of taxesthe Debt Mill Levy and Fees, delivery of the Public Benefits for each
phase of the Project and Planned Development must be secured by one or both of the following
methods, as applicable:
1. For any portion of the Public Benefits to be provided by one or more of the Districts,
each such District must enter into an intergovernmental agreement with the City either
(i) agreeing to provide suchthose Public Benefits as a legally enforceable multiple-
fiscal year obligation of the District under TABOR before the City is required to issue
building permits and/or certificates of occupancy for structures to be built under an
applicable Approved Development Plan for the Project or by, or by (ii) securing
performance of that obligation with a surety bond, letter of credit or other surety
acceptable to the City Manager; and , and any such intergovernmental agreement must
be approved by the City Council by resolution;
2. For any portion of the Public Benefits to be provided by one or more Developers of the
ProjectPlanned Development, each such Developer must either (i) enter into a
development agreement with the City under the Developer’s applicable Approved
Development Plan, which agreement must legally obligate the Developer to provide
those Public Benefits before the City is required to issue building permits and/or
certificates of occupancy for structures to be built under the Approved Development
Plan for that phase of the ProjectPlanned Development, or to(ii) secure such obligations
with a surety bond, letter of credit or other suretysecurity acceptable to the City
Manager., and all such development agreements must be approved by the City Council
by resolution; or
3. For any portion of the Public Benefits to be provided in part by one or more of the
Districts in the Project and in part by one or more of the Developers in the Planned
Development or the Project, an agreement between the City and the affected District(s)
and Developers that secures such Public Benefits as legally binding obligations using
the methods described in subsections 1 and 2 above, and all such agreements must be
approved by the City Council by resolution.
C. Assessed Valuation.
The current assessed valuation of the Service Area is approximately Seven Hundred
Thirty-Five Thousand Dollars ($735,000) and, at build out, is expected to be approximately Forty
9
Three Million Dollars ($43,000,000). These amounts are expected to be sufficient to reasonably
discharge the Debt as demonstrated in the Financial Plan.
V. INCLUSION OF LAND IN THE SERVICE AREA
The Districts shall not add any property to the Service Area without the City Council’s
prior written approval and in compliance with the Special District Act. The Districts shall be
entitled to include within their boundaries any property within the Annexation Area Boundaries
with prior approval of the City Manager so long as such property is first annexed into the City, and
the then property owner of property within the Annexation Area Boundaries petitions for inclusion
into one of the Districts in accordance with Section III.C of this Service Plan and the Special
District Act. Upon inclusion of any property within the Annexation Area Boundaries into a District
in accordance with this Service Plan, such property will be included within the Service Area. Once
a District has issued Debt, it shall not exclude real property from the District’s boundaries without
the prior written consent of the City Council.
VI. DISTRICT GOVERNANCE
The Districts’ Boards shall be comprised of persons who are a qualified “eligible electors”
of the Districts as provided in the Special District Act. It is anticipated that over time, the End
Users who are eligible electors will assume direct electoral control of the Districts’ Boards as
development within the Service Area progresses. The Districts shall not enter into any agreement
by which the End Users’ electoral control of the Boards is removed or diminished.
VII. AUTHORIZED AND PROHIBITED POWERS
A. General Grant of Powers.
The Districts shall have the power and authority to provide the Public Improvements, the
Regional Improvements and related operation and maintenance services, within and without the
Service Area, as such powers and authorities are described in the Special District Act, other
applicable State law, common law and the Colorado Constitution, subject to the prohibitions,
restrictions and limitations set forth in this Service Plan.
If, after the Service Plan is approved, any State law is enacted to grant additional powers
or authority to metropolitan districts by amendment of the Special District Act or otherwise, such
powers and authority shall be deemed to be a part hereof and available to or exercised by the
Districts if the City Council first approves the exercise of such powers or authority by the
Districts. Such approval by the City Council shall not constitute a Service Plan Amendment.
B. Prohibited Improvements and Services and other Restrictions and Limitations.
The Districts’ powers and authority under this Service Plan to provide Public
Improvements and services and to otherwise exercise its other powers and authority under the
Special District Act and other applicable State law, are prohibited, restricted and limited as
hereafter provided. Failure to comply with these prohibitions, restrictions and limitations shall
constitute a material modification under this Service Plan and shall entitle the City to pursue all
remedies available at law and in equity as provided in Section XVII of this Service Plan:
1. Eminent Domain Restriction
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The Districts shall not exercise their statutory power of eminent domain without first
obtaining resolution approval from the City Council. This restriction on the Districts’
exercise of the eminent domain power is being voluntarily acquiesced to by the
Districts and shall not be interpreted in any way as a limitation on the Districts’
sovereign powers and shall not negatively affect the Districts’ status as political
subdivision of the State as conferred by the Special District Act.
2. Fee Limitation
AllAny Fees imposed for the repayment of Debt, as authorized inby this Service Plan,
mayshall not be imposed by the Districts upon the properties within their respective
boundaries only if suchor collected from an End User. In addition, Fees are dueimposed
for the payment of Debt shall not be imposed unless and payable no later than uponuntil
the issuance of a building permit byrequirements for securing the City for those
propertiesdelivery of the relevant portion of the Public Benefits have been satisfied in
accordance with Section IV.B of this Service Plan. Notwithstanding any of the
foregoing, this Fee limitation shall not apply to any Fee imposed to fund the operation,
maintenance, repair or replacement of Public Improvements or the administration of
the Districts, nor shall this Fee limitation apply to a District if a majority of the
District’s Board is composed of End Users.
3. Operations and Maintenance
The primary purpose of the Districts is to plan for, design, acquire, construct, install,
relocate, redevelop and finance a portion of the Public Improvements. The Districts
shall dedicate the Public Improvements to the City or other appropriate jurisdiction or
owners’ association in a manner consistent with the Approved Development Plan and
the City Code, provided that nothing herein requires the City to accept a dedication.
Each District is specifically authorized to operate and maintain any part or all of the
Public Improvements not otherwise conveyed or dedicated to the City or another
appropriate governmental entity. The Districts shall also be specifically authorized to
conduct operations and maintenance functions related to the Public Improvements that
are not provided by the City or other governmental entity, or to the extent that the
Districts’ proposed operational and maintenance functions include services or activities
that exceed those provided by the City or other governmental entity. Additionally, the
Districts are authorized to operate and maintain any part or all of thosethe Public
Improvements not otherwise conveyed or dedicated to the City or another appropriate
governmental entity until such time that the Districts dissolve.
4. Fire Protection Restriction
The Districts are not authorized to plan for, design, acquire, construct, install, relocate,
redevelop, finance, own, operate or maintain fire protection facilities or services, unless
such facilities and services are provided pursuant to an intergovernmental agreement
with the Poudre Fire Authority. The authority to plan for, design, acquire, construct,
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install, relocate, redevelop, finance, own, operate or maintain fire hydrants and related
improvements installed as part of the water system shall not be limited by this
subsection.
5. Public Safety Services Restriction
The Districts are not authorized to provide policing or other security services. However,
the Districts may, pursuant to C.R.S. § 32-1-1004(7), as amended, furnish security
services pursuant to an intergovernmental agreement with the City.
6. Grants from Governmental Agencies Restriction
The Districts shall not apply for grant funds distributed by any agency of the United
States Government or the State without the prior written approval of the City Manager.
This does not restrict the collection of Fees for services provided by the Districts to the
United States Government or the State.
7. Golf Course Construction Restriction
Acknowledging that the City has financed public golf courses and desires to coordinate
the construction of public golf courses within the City’s boundaries, the Districts shall
not be authorized to plan, design, acquire, construct, install, relocate, redevelop,
finance, own, operate or maintain a golf course unless such activity is pursuant to an
intergovernmental agreement with the City.
8. Television Relay and Translation Restriction
The Districts are not authorized to plan for, design, acquire, construct, install, relocate,
redevelop, finance, own, operate or maintain television relay and translation facilities
and services, other than for the installation of conduit as a part of a street construction
project, unless such facilities and services are provided pursuant to prior written
approval from the City ManagerCouncil.
9. Potable Water and Wastewater Treatment Facilities
Acknowledging that the City and other existing special districts operating within the
City currently own and operate treatment facilities for potable water and wastewater
that are available to provide services to the Service Area, the Districts shall not plan,
design, acquire, construct, install, relocate, redevelop, finance, own, operate or
maintain such facilities without obtaining the City Council’s prior written approval.
either by intergovernmental agreement or as a Service Plan Amendment.
10. Sales and Use Tax Exemption Limitation
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The Districts shall not exercise any City sales and use tax exemption otherwise
available to the Districts under the City Code.
11. Sub-district Restriction
The Districts shall not create any sub-district pursuant to the Special District Act
without the prior written approval of the City Manager.
12. Privately Placed Debt Limitation
Prior to the issuance of any privately placed Debt, the issuing 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 C.R.S. Section 32-1-103(12)) 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.
13. Special Assessments
The Districts shall not impose special assessments without the prior written approval of
the City Council.
VIII. PUBLIC IMPROVEMENTS AND ESTIMATED COSTS
Exhibit H summarizes the type of Public Improvements that are projected to be
constructed and/or installed by the Districts. The cost, scope, and definition of such Public
Improvements may vary over time. The total estimated costs of Public Improvements, as set forth
in Exhibit H, excluding any improvements paid for by the Regional Mill Levy necessary to serve
the Planned Development, are approximately Ninety FiveEight Million Five Hundred Twelve
Thousand Five Hundred Seventy Seven Dollars ($95,01298,512,577) in Project costs in 2018
dollars as set forth in Exhibit H, of which Twenty Eight Million One Hundred Twenty Thousand
Two Hundred Fifty Eight Dollars ($28,120,258) are costs related to “Non-Basic Infrastructure”
and which does not include approximately Three Million Four Hundred Seventeen Thousand One
Hundred and Five Dollars ($3,417,105) in “Indirect Costs” of the Planned Development which are
necessary to provide a portion of the extraordinary Public Benefits as set forth in Exhibit L. The
cost estimates are based upon preliminary engineering, architectural surveys, and reviews of the
Public Improvements and include all construction cost estimates together with estimates of costs
such as land acquisition, engineering services, legal expenses and other associated expenses. Maps
of the anticipated location, operation, and maintenance of Public Improvements are attached hereto
as Exhibit I. Changes in the Public Improvements or costs, which are approved by the City in an
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Approved Development Plan, shall not constitute a Service Plan Amendment. In addition, the City
shall not be bound by this Service Plan in reviewing and approving the Approved Development
Plan and the Approved Development Plan shall supersede the Service Plan with regard to the cost,
scope, and definition of Public Improvements and definition of Public Improvements. Provided,
however, any agreement approved and entered into under Section IV.B of this Service Plan for the
provision of a Public Improvement that is also a Public Benefit, shall supersede both this Service
Plan and the applicable Approved Development Plan.
TheExcept as otherwise provided by an agreement approved under Section IV.B of this
Service Plan: (i) the design, phasing of construction, location and completion of Public
Improvements will be determined by the Districts to coincide with the phasing and development
of the Planned Development and the availability of funding sources. The; (ii) the Districts may, in
their discretion, phase the construction, completion, operation, and maintenance of Public
Improvements or defer, delay, reschedule, rephase, relocate or determine not to proceed with the
construction, completion, operation, and maintenance of Public Improvements, and such actions
or determinations shall not constitute a Service Plan Amendment. The; and (iii) the Districts shall
also be permitted to allocate costs between such categories of the Public Improvements as deemed
necessary in its discretion.
The City Code has development standards, contracting requirements and other legal
requirements related to the construction and payment of public improvements and related to certain
operation activities. Relating to these, the Districts shall comply with the following requirements:
A. Development Standards.
The Districts shall ensure that the Public Improvements are designed and constructed in
accordance with the standards and specifications of the City Code and of other governmental
entities having proper jurisdiction, as applicable. The Districts directly, or indirectly through any
Developer, will obtain the City’s approval of civil engineering plans and will obtain applicable
permits for construction and installation of Public Improvements prior to performing such work.
Unless waived by the City Council, the Districts shall be required, in accordance with the City
Code, to post a surety bond, letter of credit, or other approved development security for any Public
Improvements to be constructed by the Districts. Such development security may be released in
the City Manager’s discretion when the constructing District has obtained funds, through Debt
issuance or otherwise, adequate to insure the construction of the Public Improvements, unless such
release is prohibited by or in conflict with any City Code provision or State law., State law or any
agreement approved and entered into under Section IV.B of this Service Plan. Any limitation or
requirement concerning the time within which the City must review the Districts’ proposal or
application for an Approved Development Plan or other land use approval is hereby waived by the
Districts.
B. Contracting.
The Districts shall comply with all applicable State purchasing, public bidding and
construction contracting.
C. Land Acquisition and Conveyance.
The purchase price of any land or improvements acquired by the Districts from the
Developer shall be no more than the then-current fair market value as confirmed by an independent
MAI appraisal for land and by an independent professional engineer for improvements. Land,
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easements, improvements and facilities conveyed to the City shall be free and clear of all liens,
encumbrances and easements, unless otherwise approved by the City Manager prior to
conveyance. All conveyances to the City shall be by special warranty deed, shall be conveyed at
no cost to the City, shall include an ALTA title policy issued to the City, shall meet the
environmental standards of the City and shall comply with any other conveyance prerequisites
required in the City Code.
D. Equal Employment and Discrimination.
In connection with the performance of all acts or activities hereunder, the Districts shall
not discriminate against any person otherwise qualified with respect to its hiring, discharging,
promoting or demoting or in matters of compensation solely because of race, color, religion,
national origin, gender, age, military status, sexual orientation, gender identity or gender
expression, marital status, or physical or mental disability, and further shall insert the foregoing
provision in contracts or subcontracts entered into by the Districts to accomplish the purposes of
this Service Plan.
IX. FINANCIAL PLAN/PROPOSED DEBT
This Section IX of the Service Plan describes the nature, basis, method of funding and
financing limitations associated with the acquisition, construction, completion, repair,
replacement, operation and maintenance of Public Improvements.
A. Financial Plan.
The Districts’ Financial Plan, attached as Exhibit J and incorporated by reference, reflects
the Districts’ anticipated schedule for incurring Debt to fund Public Improvements in support of
the Project. The Financial Plan also reflects the schedule of all anticipated revenues flowing to the
Districts derived from Districts’ mill levies, Fees imposed by the Districts, specific ownership
taxes, and all other anticipated legally available revenues. The Financial Plan is based on
economic, political and industry conditions as they exist presently and reasonable projections and
estimates of future conditions. These projections and estimates are not to be interpreted as the only
method of implementation of the Districts’ goals and objectives but rather a representation of one
feasible alternative. Other financial structures may be used so long they are in compliance with
this Service Plan. The Financial Plan incorporates all of the provisions of this Section IX.
Based upon the assumptions contained therein, the Financial Plan projects the issuance of
Bonds to fund Public Improvements and anticipated Debt repayment based on the development
assumptions and absorptions of the property in the Service Area by End Users. The Financial Plan
anticipates that the Districts will acquire, construct, and complete all of the Public Improvements
needed to serve the Service Area.
The Financial Plan demonstrates that the Districts will have the financial ability to
discharge all Debt to be issued as part of the Financial Plan on a reasonable basis. Furthermore,
the Districts will secure the certification of an External Financial Advisor who will provide an
opinion as to whether such Debt issuances are in the best interest of the Districts at the time of
issuance.
B. Mill Levies.
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It is anticipated that the Districts will impose a Debt Mill Levy and an Operating Mill Levy
on all property within the Service Area. In doing so, the following shall apply:
1. Aggregate Mill Levy Maximum
The Aggregate Mill Levy shall not exceed in any year the Aggregate Mill Levy
Maximum, which is fifty (50) mills.
2. Regional Mill Levy Not Included in Other Mill Levies
The Regional Mill Levy shall not be counted against the Aggregate Mill Levy
Maximum.
3. Operating Mill Levy
Each District may impose an Operating Mill Levy of up to fifty (50) mills until such
District imposes a Debt Mill Levy. Once a District imposes a Debt Mill Levy of any
amount, such District’s Operating Mill Levy shall not exceed ten (10) mills at any
point. Notwithstanding any of the foregoing, the Operating Mill Levy limitation set
forth in this Section IX.B.3 shall not apply if the majority of the District’s Board
imposing such Operating Mill Levy is composed of End Users, subject to continual
compliance with the Aggregate Mill Levy Maximum.
4. Gallagher Adjustments
In the event the State’s method of calculating assessed valuation for the Taxable
Property changes after January 1, 2018, or any subsequent constitutionally mandated
tax credit, cut or abatement, the Districts’ Aggregate Mill Levy, Debt Mill Levy,
Operating Mill Levy, and Aggregate Mill Levy Maximum, amounts herein provided
may be increased or decreased to reflect such changes; such increases or decreases shall
be determined by the District’s Board in good faith so that to the extent possible, the
actual tax revenues generated by such mill levies, as adjusted, are neither enhanced nor
diminished as a result of such change occurring after January 1, 2018. For purposes of
the foregoing, a change in the ratio of actual valuation to assessed valuation will be a
change in the method of calculating assessed valuation.
5. Excessive Mill Levy Pledges
Any Debt issued with a mill levy pledge, or which results in a mill levy pledge, that
exceeds the Aggregate Mill Levy Maximum or 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 a Service Plan Amendment.
6. Refunding Debt
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The Maximum Debt Mill Levy Imposition Term may be exceeded for Debt refunding
purposes if: (1) a majority of the issuing District’s Board is composed of End Users
and have voted in favor of a refunding of a part or all of the Debt; or (2) such refunding
will result in a net present value savings.
7. Maximum Debt Authorization
The Districts anticipate approximately Ninety FiveEight Million Five Hundred Twelve
Thousand Five Hundred Seventy Seven Dollars ($95,01298,512,577) in Project costs
in 2018 dollars as set forth in Exhibit H, of which Twenty Eight Million One Hundred
Twenty Thousand Two Hundred Fifty Eight Dollars ($28,120,258) are costs related to
“Non-Basic Infrastructure” and which does not include approximately Three Million
Four Hundred Seventeen Thousand One Hundred and Five Dollars ($3,417,105) in
“Indirect Costs” of the Planned Development which are necessary to provide a portion
of the extraordinary Public Benefits as set forth in Exhibit K. The Districts project to
have the ability to issue approximately Forty Nine Million Eight Hundred Sixty
Thousand Six Hundred Twenty Five Dollars (49,868,625) in Debt, as set forth in
Exhibit J, and anticipate issuing approximately Thirty One Million Five Hundred
Thousand Dollars ($31,500,000) in Debt to pay for a portion of the Project costs, which
such Debt issuance amount plus any associated and reasonable costs of issuance shall
be the amount of the Maximum Debt Authorization. Intergovernmental Capital Pledge
Agreements among two or more of the Districts pledging the collection and payment
of property taxes or Fees by one District for the repayment of Debt by a separate issuing
District shall not count against the Maximum Debt Authorization. The Districts
collectively shall not issue Debt in excess of the Maximum Debt Authorization. In
addition, no District shall issue any Debt unless and until delivery of the relevant
portion of the Public Benefits have been secured as required in Section IV.B of this
Service Plan. Bonds, loans, notes or other instruments which have been refunded shall
not count against the Maximum Debt Authorization. The Districts must seek prior
resolution approval by the City Council to issue Debt in excess of the Maximum Debt
Authorization to pay the actual costs of the Public Improvements set forth in Exhibit
H plus inflation, contingencies and other unforeseen expenses associated with such
Public Improvements. Such approval by the City Council shall not constitute a material
modification of this Service Plan requiring a Service Plan Amendment so long as
increases are reasonably related to the Public Improvements set forth in Exhibit H and
any Approved Development Plan.
C. Maximum Voted Interest Rate and Underwriting Discount.
The interest rate on any Debt is expected to be the market rate at the time the Debt is issued.
The maximum interest rate on any Debt, including any defaulting interest rate, is not permitted to
exceed Twelve Percent (12%). The maximum underwriting discount shall be three percent (3%).
Debt, when issued, will comply with all relevant requirements of this Service Plan, the Special
District Act, other applicable State law and federal law as then applicable to the issuance of public
securities.
D. Interest Rate and Underwriting Discount Certification.
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The Districts shall retain an External Financial Advisor to provide a written opinion on the
market reasonableness of the interest rate on any Debt and any underwriter discount payedpaid by
the Districts as part of a Debt financing transaction. The Districts shall provide this written opinion
to the City before issuing any Debt based on it.
E. Disclosure to Purchasers.
In order to notify future End Users who are purchasing residential lots or dwellings units
in the Service Area that they will be paying, in addition to the property taxes owed to other taxing
governmental entities, the property taxes imposed under the Debt Mill Levy, the Operating Mill
Levy and possibly the Regional Mill Levy, the Districts shall not be authorized to issue any Debt
under this Service Plan until there is included in the Developer’s Approved Development Plan
provisions that require the following:
1. That the Developer, and its successors and assigns, shall prepare and submit to the
City Manager for his approval a disclosure notice in substantially the form attached
hereto as Exhibit L (the “Disclosure Notice”);
2. That when the Disclosure Notice is approved by the City Manager, the Developer
shall record the Disclosure Notice in the Larimer County Clerk and Recorders
Office; and
3. That the approved Disclosure Notice shall be provided by the Developer, and by its
successors and assigns, to each potential End User purchaser of a residential lot or
dwelling unit in the Service Area before that purchaser enters into a written
agreement for the purchase and sale of that residential lot or dwelling unit.
F. External Financial Advisor.
An External Financial Advisor shall be retained by the Districts to provide a written
opinion as to whether any Debt issuance is in the best interest of the issuing District once the total
amount of Debt issued by the Districts exceeds Five Million Dollars ($5,000,000). The External
Financial Advisor is to provide advice to the issuing District’s Board regarding the proposed terms
and whether Debt conditions are reasonable based upon the status of development within the
District, the projected tax base increase in the District, the security offered and other considerations
as may be identified by the Advisor. The issuing District shall include in the transcript of any Bond
transaction, or other appropriate financing documentation for related Debt instrument, a signed
letter from the External Financial Advisor providing an official opinion on the structure of the
Debt, stating the Advisor’s opinion that the cost of issuance, sizing, repayment term, redemption
feature, couponing, credit spreads, payment, closing date, and other material transaction details of
the proposed Debt serve the best interest of the issuing District.
Debt shall not be undertaken by the Districts if found to be unreasonable by the External
Financial Advisor.
G. Disclosure to Debt Purchasers.
Any Debt of the Districts shall set forth a statement in substantially the following form:
“By acceptance of this instrument, the owner of this Debt agrees and
consents to all of the limitations with respect to the payment of the
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principal and interest on this Debt contained herein, in the resolution
of the District authorizing the issuance of this Debt and in the
Service Plan of the District. This Debt is not and cannot be a Debt
of the City of Fort Collins”
Similar language describing the limitations with respect to the payment of the principal 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 Service Area.
H. Security for Debt.
The Districts shall not pledge any revenue or property of the City 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 City of payment of any of the Districts’ obligations; nor shall anything in the
Service Plan be construed so as to create any responsibility or liability on the part of the City in
the event of default by the Districts in the payment of any such obligationobligations.
I. TABOR Compliance.
The Districts shall comply with the provisions of TABOR. In the discretion of the Districts’
Boards, the Districts 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 a District
will remain under the control of the District’s Board.
J. Districts’ Operating Costs.
The estimated cost of acquiring land, engineering services, legal services and
administrative services, together with the estimated costs of the Districts’ organization and initial
operations, are anticipated to be $200,000, which will be eligible for reimbursement from Debt
proceeds.
In addition to the capital costs of the Public Improvements, the Districts will require
operating funds for administration and to plan and cause the Public Improvements to be operated
and maintained. The first year’s operating budget is estimated to be $100,000.
Ongoing administration, operations and maintenance costs may be paid from property
taxes collected through the imposition of an Operating Mill Levy as set forth in Section IX.B.3 of
this Service Plan, as well as other revenues legally available to the Districts.
X. REGIONAL IMPROVEMENTS
The Districts shall be authorized to provide for the planning, design, acquisition, funding,
construction, installation, relocation, redevelopment, administration and overhead costs related to
the provision of Regional Improvements. At the discretion of the City, the Districts shall impose
a Regional Improvement Mill Levy on all property within the Districts’ boundaries under the
following terms:
A. Regional Mill Levy Authority.
The Districts shall seek the authority to impose an additional Regional Mill Levy of five
(5) mills as part of the Districts’ initial TABOR election. The Districts shall also seek from the
electorate in that election the authority under TABOR to enter into an intergovernmental
agreement with the City obligating the Districts to pay as a multiple-fiscal year obligation the
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proceeds from the Regional Mill Levy to the City. Obtaining such voter-approval of the Regional
Mill Levy and this intergovernmental agreement shall be a precondition to the Districts issuing
any Debt and imposing the Operating Mill Levy, the Debt Mill Levy and any Fees for the
repayment of Debt under this Service Plan.
B. Regional Mill Levy Imposition.
The Districts shall each impose the Regional Mill Levy at a rate not to exceed five (5) mills
within one year of receiving written notice from the City Manager to the Districts requesting the
imposition of the Regional Mill Levy and stating the mill rate to be imposed.
C. City Notice Regarding Regional Improvements.
Such notice from the City shall provide a description of the Regional Improvements to be
constructed and an analysis explaining how the Regional Improvements will be beneficial to
property owners within the Service Area. The City willshall make a good faith effort to require
that planned developments that (i) are adjacent to the Service Area and (ii) will benefit from the
Regional Improvement also impose a Regional MillyMill Levy, to the extent possible.
D. Regional Improvements Authorized Under Service Plan.
If the Districts are so notified by the City Manager, the Regional Improvements shall be
considered public improvements that the Districts would otherwise be authorized to design,
construct, install re-design, re-construct, repair or replace pursuant to this Service Plan and
applicable law.
E. Expenditure of Regional Mil Levy Revenues.
Revenue collected through the imposition of the Regional Mill Levy shall be expended as follows:
1. Intergovernmental Agreement
If the City and the Districts have executed an intergovernmental agreement
concerning the Regional Improvements, then the revenue from the Regional Mill
Levy shall be used in accordance with such agreement; or
2. No Intergovernmental Agreement
If no intergovernmental agreement exists between the Districts and the City, then
all revenue from the Regional Mill Levy shall be paid to the City, for use by the
City in the planning, designing, constructing, installing, acquiring, relocating,
redeveloping or financing of Regional Improvements which benefit the End Users
of the Districts as prioritized and determined by the City.
F. Regional Mill Levy Term.
The imposition of the Regional Mill Levy shall not exceed a term of twenty-five (25) years
from December 31 of the tax collection year after which the Regional Mill Levy is first imposed.
G. Completion of Regional Improvements.
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All Regional Improvements shall be completed prior to the end of the twenty-five (25) year
Regional Mill Levy term.
H. City Authority to Require Imposition.
The City’s authority to require the initiation of the imposition of a Regional Mill Levy shall
expire fifteen (15) years after December 31st of the year in which a District first imposes a Debt
Mill Levy.
I. Regional Mill Levy Not Included in Other Mill Levies.
The Regional Mill Levy imposed shall not be applied toward the calculation of the
Aggregate Mill Levy Maximum.
J. Gallagher Adjustment.
In the event the method of calculating assessed valuation is changed after January 1, 2018,
or any subsequent constitutionally mandated tax credit, cut or abatement, the Regional Mill Levy
may be increased or shall be decreased to reflect such changes; such increases or decreases shall
be determined by the District’s Board in good faith so that to the extent possible, the actual tax
revenues generated by the Regional Mill Levy, as adjusted, are neither enhanced nor diminished
as a result of such change occurring after January 1, 2018. For purposes of the foregoing, a change
in the ratio of actual valuation to assessed valuation will be a change in the method of calculating
assessed valuation
XI. CITY FEES
The Districts shall pay all applicable City fees as required by the City Code.
XII. BANKRUPTCY LIMITATIONS
All of the limitations contained in this Service Plan, including, but not limited to, those
pertaining to the Aggregate Mill Levy Maximum, Maximum Debt Mill Levy Imposition Term and
Fees, have been established under the authority of the City in the Special District Act to approve
this Service Plan. It is expressly intended that by such approval such limitations: (i) shall not be
set aside for any reason, including by judicial action, absent a Service Plan Amendment; and (ii)
are, together with all other requirements of State 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 non-bankruptcy
law” as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section
943(b)(6).
XIII. ANNUAL REPORTS AND BOARD MEETINGS
A. General.
Each of the Districts shall be responsible for submitting an annual report to the City Clerk
no later than September 1st of each year following the year in which the Order and Decree creating
the Districts have been issued. The Districts may file a consolidated annual report. The annual
report may be made available to the public on the City’s website.
B. Board Meetings.
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Each of the Districts’ Boards shall hold at least one public board meeting in three of the
four quarters of each calendar year, beginning in the first full calendar year after the Districts’
creation. Notice for each of these meetings shall be given in accordance with the requirements of
the Special District Act and other applicable State Law. This meeting requirement shall not apply
until there is aat least one End User of property within the District. Also, this requirement shall
no longer apply when a majority of the directors on the District’s Board are End Users.
C. Report Requirements.
Unless waived in writing by the City Manager, each of the Districts’ annual reports must
include the following:
1. Narrative
A narrative summary of the progress of the District in implementing its Service
Plan for the report year.
2. Financial Statements
Except when exemption from audit has been granted for the report year under the
Local Government Audit Law, the audited financial statements of the District for
the report year including a statement of financial condition (i.e., balance sheet) as
of December 31 of the report year and the statement of operation (i.e., revenue and
expenditures) for the report year.
3. Capital Expenditures
Unless disclosed within a separate schedule to the financial statements, a summary
of the capital expenditures incurred by the District in development of improvements
in the report year.
4. Financial Obligations
Unless disclosed within a separate schedule to the financial statements, a summary
of financial obligations of the District at the end of the report year, including the
amount of outstanding Debt, the amount and terms of any new District Debt issued
in the report year, the total assessed valuation of all Taxable Property within the
Service Area as of January 1 of the report year and the current total District mill
levy pledged to Debt retirement in the report year.
5. Board Contact Information
The names and contact information of the current directors on the District’s Board,
any District manager and the attorney for the District shall be listed in the report.
The District’s current office address, phone number, email address and any website
address shall also be listed in the report.
6. Other Information
Any other information deemed relevant by the City Council or deemed reasonably
necessary by the City Manager.
D. Reporting of Significant Events.
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The annual report of each District shall also include information as to any of the following
that occurred during the report year:
1. Boundary changes made or proposed to the District’s boundaries as of
December 31 of the report year.
2. Intergovernmental Agreements with other governmental entities, either entered
into or proposed as of December 31 of the report year.
3. Copies of the District’s rules and regulations, if any, or substantial changes to
the District’s rules and regulations as of December 31 of the report year.
4. A summary of any litigation which involves the District’s Public Improvements
as of December 31 of the report year.
5. A list of all facilities and improvements constructed by the District that have
been dedicated to and accepted by the City as of December 31 of the report
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.
E. Failure to Submit.
In the event the annual report is not timely received by the City Clerk or is not fully
responsive, notice of such default shall be given to the District’s Board at its last known address.
The failure of the District to file the annual report within forty-five (45) days of the mailing of
such default notice by the City Clerk may constitute a material modification of the Service Plan,
inat the discretion of the City Manager.
XIV. SERVICE PLAN AMENDMENTS
This Service Plan is general in nature and does not include specific detail in some instances.
The Service Plan has been designed with sufficient flexibility to enable the Districts to provide
required improvements, services and facilities under evolving circumstances without the need for
numerous amendments. Modification of the general types of improvements and facilities making
up the Public Improvements, and changes in proposed configurations, locations or dimensions of
the Public Improvements, shall be permitted to accommodate development needs provided such
Public Improvements are consistent with the then-current Approved Development Plans for the
Project and any agreement approved by City Council pursuant to Section IV.B of this Service Plan.
Any action of one or more of the Districts, which is a material modification of this Service Plan
requiring a Service Plan Amendment as provided in Section XV of this Service Plan or that is a
violation or breach of any other applicable provision of this Service Plan, shall be deemed to be a
material modification to this Service Plan unless otherwise expressly provided in this Service Plan.
All other departures from the provisions of this Service Plan shall be considered on a case-by-case
basis as to whether such departures are a material modification under this Service Plan or the
Special District Act.
XV. MATERIAL MODIFICATIONS
23
Material modifications to this Service Plan may be made only in accordance with C.R.S.
Section 32-1-207 as a Service Plan Amendment. No modification shall be required for an action
of the Districts that does not materially depart from the provisions of this Service Plan, unless
otherwise provided in this Service Plan.
Departures from the Service Plan by any of the Districts that constitute a material
modification requiring a Service Plan Amendment include, without limitation:
1. Actions or failures to act that create materially greater financial risk or burden to
the taxpayers of any of the Districts;
2. Performance of a service or function, construction of an improvement, or
acquisition of a major facility that is not closely related to an improvement, service,
function or facility authorized in the Service Plan;
3. Failure to perform a service or function, construct an improvement or acquire a
facility required by the Service Plan; and
4. Failure to comply with any of the preconditions, prohibitions, limitations and
restrictions of this Service Plan.
Actions that are not to be considered material modifications include, without limitation,
changes in quantities of improvements, facilities or equipment; immaterial cost differences; and
actions expressly authorized in this Service Plan.
XVI. DISSOLUTION
Upon independent determination by the City Council that the purposes for which any
District was created have been accomplished, the District shall file a petition in district court for
dissolution as provided in the Special District Act. In no event shall dissolution occur until such
District has provided for the payment or discharge of all of its outstanding indebtedness and other
financial obligations as required pursuant to the Special District Act or any other applicable State
law.
In addition, if within three (3) years from the date of the City Council’s approval of this
Service Plan no agreement contemplated under Section IV.B of this Service Plan has been entered
into by the City with any of the Districts and/or any Developer, despite the parties conducting good
faith negotiations attempting to do so, the City may opt to pursue the remedies available to it under
C.R.S. Section 32-1-701(3) in order to compel the Districts to dissolve in a prompt and orderly
manner. In such event: (i) the limited purposes and powers of the Districts, as authorized herein,
shall automatically terminate and be expressly limited to taking only those actions that are
reasonably necessary to dissolve; (ii) the Board of Directors of each of the Districts will be deemed
to have agreed with the City regarding its dissolution without an election pursuant to C.R.S. §32-
1-704(3)(b); (iii) the Districts shall take no action to contest or impede the dissolution of the
Districts and shall affirmatively and diligently cooperate in securing the final dissolution of the
Districts, and (iv) subject to the statutory requirements of the Special District Act, the Districts
shall thereupon dissolve.
XVII. SANCTIONS
Should any of the Districts undertake any act without obtaining prior City Council approval
or consent or City Manager approval or consent, as required in under this Service Plan, or that
constitutes a material modification to this Service Plan requiring a Service Plan Amendment as
24
provided herein or under the Special Districts Act, or that violates or is in breach of any provision
of this Service Plan, the City Council may impose one (1) or more of the following sanctions, as
it deems appropriate:
1. Exercise any applicable remedy under the Special District Act;
2. Withhold the issuance of any permit, authorization, acceptance or other
administrative approval, or withhold any cooperation, necessary for the District’s
development or construction or operation of improvements or provision of services;
3. Exercise any legal remedy under the terms of any intergovernmental agreement
under which the District is in default; or
4. Exercise any other legal and equitable remedy available under the law, including
seeking prohibitory and mandatory injunctive relief against the District, to ensure
compliance with the provisions of the Service Plan or applicable law.
XVIII. CONCLUSION
It is submitted that this Service Plan, as required by C.R.S. Section 32-1-203(2), establishes
that:
1. There is sufficient existing and projected need for organized service in the Service Area
to be served by the Districts;
2. The existing service in the Service Area to be served by the Districts is inadequate for
present and projected needs;
3. The Districts are capable of providing economical and sufficient service to the Service
Area; and
4. The Service Area does have, and will have, the financial ability to discharge the
proposed indebtedness on a reasonable basis.
XIX. RESOLUTION OF APPROVAL
The Districts agree to incorporate the City Council’s resolution approving this Service
Plan, including any conditions imposed by the City Council on such approval, into the copy of the
Service Plan presented to the District Court for and in Larimer County, Colorado.
EXHIBIT A-1
Legal Description of District No. 1 Boundaries
EXHIBIT A-2
Legal Description of District No. 2 Boundaries
EXHIBIT A-3
Legal Description of District No. 3 Boundaries
EXHIBIT A-4
Legal Description of District No. 4 Boundaries
EXHIBIT A-5
Legal Description of District No. 5 Boundaries
EXHIBIT B-1
District No. 1 Boundary Map
EXHIBIT B-2
District No. 2 Boundary Map
EXHIBIT B-3
District No. 3 Boundary Map
EXHIBIT B-4
District No. 4 Boundary Map
EXHIBIT B-5
District No. 5 Boundary Map
EXHIBIT C
Legal Description of Inclusion Area Boundaries
EXHIBIT D
Inclusion Area Boundary Map
EXHIBIT E
Vicinity Map
EXHIBIT F
Legal Description of Annexation Area Boundaries
EXHIBIT G
Annexation Area Boundary Map
EXHIBIT H
Public Improvement Cost Estimates
EXHIBIT I
Public Improvement Maps
EXHIBIT J
Financial Plan
EXHIBIT K
Public Benefits
EXHIBIT L
Disclosure Notice
1
Waters’ Edge Metro District Service Plan
Jeff Mihelich & Tom Leeson
09-18-18
ATTACHMENT 5
Presentation Overview
1. Timeline Considerations
2. Community Benefits
3. Metro District Commitments
4. Answers to Council Questions
5. Staff Recommendation
2
Timeline Considerations
3
Metro District Policy Revision
Metro District Process
Timing Caught Between - Extended Revision Process
& Firm Election Deadline
May 15,
2017
Aug. 29,
2017
Oct. 24,
2017
Nov. 28,
2017
Mar. 19,
2018
July 10,
2018
Aug. 21,
2018
Policy
Adopted
(Council)
Revised
Policy &
Model
Service
Plan
(Council WS)
Draft
Policy
(Council Finance)
Overview
Of
Changes
(Council WS)
Background
On Metro
Districts
(Council WS)
Revision
Approach
(Council Finance)
Consider
Revision
(Council Finance)
Sept. 4,
2018
Nov.
2018
May
2018
July
2018
Typical
Submittal
Actual
Submittal
Council
Review
Project Description
§ 55+ Age Targeted
§ Senior friendly
design (age in
place)
§ Senior amenities
§ Enhanced open
space
§ 235 acres ; 847 units
4
Community Wide Benefits
§ Affordable Housing
§ Reduction in Water Use
§ Enhanced/Expanded
Open Space, Trails
§ Windsor #8 Ditch
Improvement
5
Metro District Commitments
Affordable Housing*
80% AMI
20+ Years
38% Monthly
Payment
$270k to $300k
Reduction in Water
Use
Non-Potable Water
System
55% Reduction in
Water Consumption
Lower Consumer
Costs
Reduces Fertilizer
Runoff
Enhanced/Expanded
Open Space &Trails
37% of Project is
Open Space
Vegetative
landscaping
Promotes Nature in
the City
Significantly Exceed
Land Use Code
Windsor #8 Ditch
Improvements
1.2 Miles of
Improvement
Creation of Wetlands
Regional Trail
System
Community Amenity
* Phase II 6
Changes to Service Plan
1. No Debt or Debt Mill until Council approves Development
Agreement and/or Intergovernmental Agreement
2. Removed ability to expand the Operating Mill Levy beyond 10 Mills
once the Board is composed of a majority of end users
3. City may dissolve the district if no Development Agreement or
Intergovernmental Agreement has been approved within 3 years
4. Enhanced commitment language related to public benefits
7
Opportunity vs. Trade-Offs
Increased Supply
• Potential to add nearly 600 units
• Housing Diversity
• Ownership at 80% AMI
Concern over Added Cost
• Metro Districts increases tax burden
• Who pays the burden
• How does the tax burden impact
affordability
8
Affordable Housing & Metro Districts
Traditional
Sales Price Considers
PITI
Requires Increased
Subsidy
Buyers Monthly Cost
Consistent
Land Trust
Allows for dispersed
lots
Trust Mitigates Tax
Burden (25-30%)
Sales Price Considers
PITI
Buyers Monthly Cost
Consistent
Land Bank
Sell to City
Deed to City
9
Affordable Housing
Percent
AMI
Area Median
Income (AMI) HUD Classification
100% $ 85,100 Moderate Income
80% $ 68,100 Low Income
60% $ 51,060 Low Income
50% $ 42,550 Very Low Income
30% $ 25,550 Extremely Low Income
3 Person 4 Person
80% AMI $ 61,300 $ 68,100
Monthly Income $ 5,110 $ 5,680
Available for Housing (38%) $ 1,942 $ 2,158
Property Taxes (.072%) $ 200 $ 230
Metro Taxes/HOA Fees ($200/mo) $ 200 $ 200
Insurance (.038%) $ 110 $ 120
Monthly Mortgage Payment $ 1,432 $ 1,608
Loan Amount $ 266,800 $ 299,500
Down Payment $ 11,100 $ 12,500
Total Purchase Price $ 277,900 $ 312,000
ItemHousehold
10
2018, 4 Person Household
Source: Housing & Urban Development, US Gov’t; Social Sustainability
Metro District Revenue Present Value
11
Item 40 Years Perpetuity Difference
Median Sales Price $ 425,000 $ 425,000 $ -
Typical Fort Collins Mills 90.828 90.828
Typical Fort Collins Property Tax Liability $ 2,779 $ 2,779 $ -
Hypothetical Metro DistrictMills 50.000 50.000
Metro District Property Tax Liability $ 1,530 $ 1,530 $ -
New Total Property Tax Liability $ 4,309 $ 4,309 $ -
Percent Increase of Property Taxes 55% 55%
Metro Mill Levy Propety Tax Maximum Value as
Present Value $26,253 $30,600 ($4,347)
§ Assumes 5%
Appreciation rate
(Based on historic data
1998 to 2018)
§ Assumes 5%
discount rate
(Based on current
mortgage rates)
§ Differential
equals
approximately
17% increase in
present value
Metro District Revenue Present Value
Take-Away:
• Present value calculated on perpetuity increases the value by
17% compared to the 40-year analysis
12
Water's Edge
Estate Homes Custom Water
Front Courtyard Ranch Standard Ranch
Standard Ranch -
3 Car
Large Active
Adult Patio Townhome Condominium
Weighted
Average
Proposed Development Home Values $ 1,125,000 $ 1,500,000 $ 461,500 $ 538,450 $ 605,000 $ 735,000 $ 396,000 $ 300,000 $ 530,100
Annual Metro District Tax Liability $ 4,050 $ 5,400 $ 1,661 $ 1,938 $ 2,178 $ 2,646 $ 1,426 $ 1,080 $ 1,908
Present Value - 40 Year Collection $ 69,494 $ 92,659 $ 28,508 $ 33,262 $ 37,372 $ 45,403 $ 24,462 $ 18,532 $ 32,746
Present Value - Collection in Perpetuity $ 81,000 $ 108,000 $ 33,228 $ 38,768 $ 43,560 $ 52,920 $ 28,512 $ 21,600 $ 38,167
Change in collection $ 11,506 $ 15,341 $ 4,720 $ 5,507 $ 6,188 $ 7,517 $ 4,050 $ 3,068 $ 5,421
Recommendation
13
Staff recommends approval of the resolution
14
Northeast Fort Collins
-1-
RESOLUTION 2018-084
OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE CONSOLIDATED SERVICE PLAN FOR
WATERS’ EDGE METROPOLITAN DISTRICT NOS. 1-5
WHEREAS, Title 32 of the Colorado Revised Statutes (“C.R.S.”) authorizes the
formation of various kinds of governmental entities to finance and operate public services and
infrastructure, including metropolitan districts; and
WHEREAS, in July 2008, the City Council adopted Resolution 2008-069 in which it
approved a policy setting forth various guidelines, requirements and criteria concerning the
City’s review and approval of service plans for metropolitan districts (the “2008 Policy”); and
WHEREAS, on August 21, 2018, City Council adopted Resolution 2018-079 approving
the “City of Fort Collins Policy for Reviewing Service Plans for Metropolitan Districts” (the
“2018 Policy”) setting forth guidelines, requirements and criteria applicable to the City’s
consideration a metropolitan district service plan to replace and supersede those in the 2008
Policy, except for the fee and notice requirements when they have been satisfied by a service
plan applicant under the 2008 Policy before the adoption of the 2018 Policy; and
WHEREAS, pursuant to the provisions of Article 1 of Title 32 of the Colorado Revised
Statutes (the “Special District Act”), Waters’ Edge Investments LLLP (the “Petitioner”) has
submitted to the City a Consolidated Service Plan (the “Service Plan”) for the Waters’ Edge
Metropolitan District Nos. 1-5 (each a “District” and collectively the “Districts”); and
WHEREAS, a copy of the Service Plan is attached as Exhibit “A” and incorporated
herein by reference; and
WHEREAS, the Districts will be organized to provide for the planning, design,
acquisition, construction, installation, relocation, redevelopment and operation and maintenance
of certain public improvements, as more specifically described in the Service Plan; and
WHEREAS, the 2008 Policy includes the requirement that the Petitioner must cause
notice of the public hearing at which the approval resolution for the Service Plan is to be
considered by the City Council, to be mailed by first class mail to the owners of record all
property within the proposed Districts and within any inclusion area specifically identified in the
Service Plan (the “Property Owners”) at least 10 days in advance of the public hearing; and
WHEREAS, in lieu of mailing the notice required in the 2008 Policy, the Petitioner has
published and provided actual notice to each of the Property Owners at least 10 days in advance
of the City Council’s September 4, 2018, public hearing on the Service Plan (the “Public
Hearing”), and the Petitioner has secured and provided to the City Clerk before the Public
Hearing copies of an “Acknowledgment of Notice” from each of the Property Owners; and
WHEREAS, each of the Property Owners has expressly waived in their respective
Acknowledgement of Notice all rights to any additional notice under the 2008 Policy, the 2018
Policy and Resolution 2018-079; and
-2-
WHEREAS, at its September 4, 2018 meeting, the City Council conducted the Public
Hearing reviewing the Service Plan, the Acknowledgements of Notice and received testimony
and evidence and then voted to continue the Public Hearing to its September 18, 2018 meeting,
and at that meeting has received additional testimony and evidence; and
WHEREAS, the Special District Act requires that any service plan submitted to the
district court for the creation of a metropolitan district must first be approved by resolution of the
governing body of the municipality within which the proposed district lies; and
WHEREAS, the City Council wishes to approve the Service Plan for the Districts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT COLLINS, COLORADO, as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby determines that the Petitioner has
substantially complied with the City’s notice requirements in the 2008 Policy, the 2018 Policy
and Resolution 2018-079 with regard to the Public Hearing on the Service Plan, and that the
Property Owners have each received actual notice of the Public Hearing and expressly waived
any further notice of the Public Hearing that might otherwise be required under the 2008 Policy,
the 2018 Policy and Resolution 2018-079.
Section 3. That the City Council hereby finds that the Service Plan contains, or
sufficiently provides for, the items described in Section 32-1-202(2), C.R.S., and that:
(a) There is sufficient existing and projected need for organized service in the
area to be serviced by the proposed Districts;
(b) The existing service in the area to be served by the proposed Districts is
inadequate for present and projected needs;
(c) The proposed Districts are capable of providing economical and sufficient
service to the area within their proposed boundaries; and
(d) The area to be included within the proposed Districts has, or will have, the
financial ability to discharge the proposed indebtedness on a reasonable
basis.
Section 4. The City Council’s findings are based solely upon the evidence in the
Service Plan as presented at the Public Hearing and the City has not conducted any independent
investigation of the evidence. The City makes no guarantee as to the financial viability of the
Districts or the achievability of the desired results.
Section 5. That the City Council hereby approves the Service Plan.
-3-
Section 6. That the City Council’s approval of the Service Plan is not a waiver or a
limitation upon any power that the City Council is legally permitted to exercise regarding the
property within the Districts.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of September, A.D. 2018.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
CONSOLIDATED SERVICE PLAN
FOR
WATERS’ EDGE METROPOLITAN DISTRICT NOS. 1-5
CITY OF FORT COLLINS, COLORADO
Prepared by:
White Bear Ankele Tanaka & Waldron, Professional Corporation
748 Whalers Way, Suite 210
Fort Collins, Colorado 80525
Submitted On: August 29, 2018
Approved On: September 18, 2018
EXHIBIT A
i
Table of Contents
INTRODUCTION..........................................................................................................................1
Purpose and Intent ........................................................................................................................1
Need for Districts .........................................................................................................................1
Objective of the City regarding Districts’ Service Plan ...............................................................2
City Approvals .............................................................................................................................2
DEFINITIONS ...............................................................................................................................2
BOUNDARIES AND LOCATION ..............................................................................................6
DESCRIPTION OF PROJECT, PLANNED DEVELOPMENT, PUBLIC BENEFITS &
ASSESSED VALUATION ............................................................................................................7
Project and Planned Development ...............................................................................................7
Public Benefits .............................................................................................................................7
Assessed Valuation ......................................................................................................................8
INCLUSION OF LAND IN THE SERVICE AREA ..................................................................8
DISTRICT GOVERNANCE ........................................................................................................9
AUTHORIZED AND PROHIBITED POWERS ........................................................................9
Prohibited Improvements and Services and other Restrictions and Limitations ........................9
Eminent Domain Restriction ..............................................................................................9
Fee Limitation ..................................................................................................................10
Operations and Maintenance ............................................................................................10
Fire Protection Restriction ...............................................................................................10
Public Safety Services Restriction ...................................................................................10
Grants from Governmental Agencies Restriction ............................................................10
Golf Course Construction Restriction ................................................................................11
Television Relay and Translation Restriction ..................................................................11
Potable Water and Wastewater Treatment Facilities .......................................................11
Sales and Use Tax Exemption Limitation .......................................................................11
Sub-district Restriction ....................................................................................................11
Initial Debt Limitation .....................................................................................................11
Privately Placed Debt Limitation .....................................................................................11
Special Assessments ..........................................................................................................12
ii
PUBLIC IMPROVEMENTS AND ESTIMATED COSTS .....................................................12
Development Standards ..............................................................................................................13
Contracting .................................................................................................................................13
Land Acquisition and Conveyance ............................................................................................13
Equal Employment and Discrimination .....................................................................................13
FINANCIAL PLAN/PROPOSED DEBT ..................................................................................14
Financial Plan .............................................................................................................................14
Mill Levies .................................................................................................................................14
Aggregate Mill Levy Maximum ......................................................................................14
Regional Mill Levy Not Included in Other Mill Levies ..................................................14
Operating Mill Levy ........................................................................................................14
Gallagher Adjustments .....................................................................................................15
Excessive Mill Levy Pledges ............................................................................................15
Refunding Debt ................................................................................................................15
Maximum Debt Authorization ..........................................................................................15
Maximum Voted Interest Rate and Underwriting Discount ......................................................16
Interest Rate and Underwriting Discount Certification ..............................................................16
Disclosure to Purchasers ............................................................................................................16
External Financial Advisor .........................................................................................................17
Disclosure to Debt Purchasers ....................................................................................................17
Security for Debt ........................................................................................................................17
TABOR Compliance ..................................................................................................................17
Districts’ Operating Costs ..........................................................................................................18
Regional Improvements...............................................................................................................18
Regional Mill Levy Authority ....................................................................................................18
Regional Mill Levy Imposition ..................................................................................................18
City Notice Regarding Regional Improvements ........................................................................18
Regional Improvements Authorized Under Service Plan ..........................................................19
Expenditure of Regional Mill Levy Revenues ...........................................................................19
Intergovernmental Agreement .........................................................................................19
No Intergovernmental Agreement ...................................................................................19
iii
Regional Mill Levy Term ...........................................................................................................19
Completion of Regional Improvements .....................................................................................19
City Authority to Require Imposition ........................................................................................19
Regional Mill Levy Not Included in Other Mill Levies .............................................................19
Gallagher Adjustment ................................................................................................................19
City Fees ........................................................................................................................................20
Bankruptcy Limitations ..............................................................................................................20
Annual Reports and Board Meetings .........................................................................................20
General .......................................................................................................................................20
Board Meetings ……………………………………………………………………………….20
Report Requirements ..................................................................................................................20
Narrative ...........................................................................................................................20
Financial Statements .........................................................................................................20
Capital Expenditures ........................................................................................................21
Financial Obligations ........................................................................................................21
Other Information ............................................................................................................21
Reporting of Significant Events .................................................................................................21
Failure to Submit ........................................................................................................................22
Service Plan Amendments ...........................................................................................................22
Material Modifications ................................................................................................................22
Dissolution ....................................................................................................................................23
Sanctions .......................................................................................................................................23
Conclusion ....................................................................................................................................23
Resolution of Approval ................................................................................................................24
iv
EXHIBITS
EXHIBIT A-1 Legal Description of District No. 1 Boundaries
EXHIBIT A-2 Legal Description of District No. 2 Boundaries
EXHIBIT A-3 Legal Description of District No. 3 Boundaries
EXHIBIT A-4 Legal Description of District No. 4 Boundaries
EXHIBIT A-5 Legal Description of District No. 5 Boundaries
EXHIBIT B-1 District No. 1 Boundary Map
EXHIBIT B-2 District No. 2 Boundary Map
EXHIBIT B-3 District No. 3 Boundary Map
EXHIBIT B-4 District No. 4 Boundary Map
EXHIBIT B-5 District No. 5 Boundary Map
EXHIBIT C Legal Description of Inclusion Area Boundaries
EXHIBIT D Inclusion Area Boundary Map
EXHIBIT E Vicinity Map
EXHIBIT F Legal Description of Annexation Area Boundaries
EXHIBIT G Annexation Area Boundary Map
EXHIBIT H Public Improvement Cost Estimates
EXHIBIT I Public Improvements Maps
EXHIBIT J Financial Plan
EXHIBIT K Public Benefits
EXHIBIT L Disclosure Notice
1
I. INTRODUCTION
A. Purpose and Intent.
The Districts, which are intended to be independent units of local government separate
and distinct from the City, are governed by this Service Plan, the Special District Act and
other applicable State law. Except as may otherwise be provided for by State law, City Code
or this Service Plan, the Districts’ activities are subject to review and approval by the City
Council only insofar as they are a material modification of this Service Plan under C.R.S.
Section 32-1-207 of the Special District Act.
It is intended that the Districts will provide all or part of the Public Improvements for
the Project for the use and benefit of all anticipated inhabitants and taxpayers of the Districts.
The primary purpose of the Districts will be to finance the construction of a portion of these
Public Improvements by the issuance of Debt.
It is also intended under this Service Plan that no District shall be authorized to
issue any Debt, impose a Debt Mill Levy or impose any Fees for payment on Debt unless
and until the delivery of the applicable Public Benefits described in Section IV.B of this
Service Plan has been secured in accordance with Section IV.B of this Service Plan.
It is further intended that this Service Plan requires the Districts to pay a portion of the cost
of the Regional Improvements, as provided in Section X of this Service Plan, as part of ensuring
that those privately-owned properties to be developed in the Districts that benefit from the
Regional Improvements pay a reasonable share of the associated costs.
The Districts are not intended to provide ongoing operations and maintenance services
except as expressly authorized in this Service Plan.
It is the intent of the Districts to 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 Districts are authorized in this Service Plan to perform continuing operating or
maintenance functions, the Districts shall continue in existence for the sole purpose of providing
such functions and shall retain only the powers necessary to impose and collect the taxes or Fees
authorized in this Service Plan to pay for the costs of those functions.
It is intended that the Districts shall strictly comply with the provisions of this Service Plan
and that the City may enforce any non-compliance with these provisions as provided in Section
XVII of this Service Plan.
B. Need for the Districts.
There are currently no other governmental entities, including the City, located in the
immediate vicinity of the Districts 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 Districts is therefore
2
necessary in order for the Public Improvements required for the Project to be provided in the most
economic manner possible.
C. Objective of the City Regarding Districts’ Service Plan.
The City’s objective in approving this Service Plan is to authorize the Districts 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 Districts, but in doing so,
to also establish in this Service Plan the means by which both the Regional Improvements and the
Public Benefits will be provided. Except as specifically provided in this Service Plan, all Debt is
expected to be repaid by taxes and Fees imposed and collected for no longer than the Maximum
Debt Mill Levy Imposition Term for residential properties, and at a tax mill levy no higher than
the Maximum Debt Mill Levy Fees imposed for the payment of Debt shall be due no later than
upon the issuance of a building permit unless a majority of the Board which imposes such a Fee is
composed of End Users as provided in Section VII.B.2. Debt which is issued within these
parameters and, as further described in the Financial Plan, will insulate property owners from
excessive tax and Fee burdens to support the servicing of the Debt and will result in a timely and
reasonable discharge of the Debt.
D. City Approvals.
Any provision in this Service Plan requiring “City” or “City Council” approval or consent
shall require the City Council’s prior written approval or consent exercised in its sole discretion.
Any provision in this Service Plan requiring “City Manager” approval or consent shall require the
City Manager’s prior written approval or consent exercised in the City Manager’s sole discretion.
II. DEFINITIONS
In this Service Plan, the following words, terms and phrases which appear in a capitalized
format shall have the meaning indicated below, unless the context clearly requires otherwise:
Annexation Area Boundaries: means the boundaries of the area legally described in
Exhibit “F” and depicted on the Annexation Area Boundary Map.
Annexation Area Boundary Map: means the map attached hereto as Exhibit “G,” depicting
the property which may be included within a District subject to the limitations set forth in
Sections III.C and V of this Service Plan.
Aggregate Mill Levy: means the total mill levy resulting from adding a District’s Debt Mill
Levy and Operating Mill Levy. A District’s Aggregate Mill Levy does not include any
Regional Mill Levy that the District may levy.
Aggregate Mill Levy Maximum: means the maximum number of combined mills that each
District may levy for its Debt Mill Levy and Operating Mill Levy, at a rate not to exceed
the limitation set in Section IX.B.1 of this Service Plan.
Approved Development Plan: means a City-approved development plan or other land-use
application required by the City Code for identifying, among other things, public
improvements necessary for facilitating the development of property within the Service
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Area, which plan shall include, without limitation, any development agreement required
by the City Code.
Board or Boards: means the duly constituted board of directors of any of the Districts, or
the boards of directors of all of the Districts in the aggregate.
Bond, Bonds or Debt: means bonds, notes or other multiple fiscal year financial obligations
for the payment of which a District has promised to impose an ad valorem property tax
mill levy, Fees or other legally available revenue. Such terms do not include contracts
through which a District procures or provides services or tangible property.
City: means the City of Fort Collins, Colorado, a home rule municipality.
City Code: means collectively the City’s Municipal Charter, Municipal Code, Land Use
Code and ordinances as all are now existing and hereafter amended.
City Council: means the City Council of the City of Fort Collins, Colorado.
City Manager: means the City Manager of the City of Fort Collins, Colorado.
C.R.S.: means the Colorado Revised Statutes.
Debt Mill Levy: means a property tax mill levy imposed on Taxable Property within a
District for the purpose of paying Debt as authorized in this Service Plan, at a rate not to
exceed the limitations set in Section IX.B.
Developer: means a person or entity that is the owner of property or owner of contractual
rights to property in the Service Area that intends to develop the property.
District: means Waters’ Edge Metropolitan District No. 1, Waters’ Edge Metropolitan
District No. 2, Waters’ Edge Metropolitan District No. 3, Waters’ Edge Metropolitan
District No. 4 and Waters’ Edge Metropolitan District No. 5, individually, each organized
under and governed by this Service Plan.
District No. 1 Boundaries: means the boundaries of the area legally described in Exhibit
“A-1” attached hereto and incorporated by reference and as depicted in the District No. 1
Boundary Map.
District No. 2 Boundaries: means the boundaries of the area legally described in Exhibit
“A-2” attached hereto and incorporated by reference and as depicted in the District No. 2
Boundary Map.
District No. 3 Boundaries: means the boundaries of the area legally described in Exhibit
“A-3” attached hereto and incorporated by reference and as depicted in the District No. 3
Boundary Map.
District No. 4 Boundaries: means the boundaries of the area legally described in Exhibit
“A-4” attached hereto and incorporated by reference and as depicted in the District No. 4
Boundary Map.
District No. 5 Boundaries: means the boundaries of the area legally described in Exhibit
“A-5” attached hereto and incorporated by reference and as depicted in the District No. 5
Boundary Map.
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District No. 1 Boundary Map: means the map of the District No. 1 Boundaries attached
hereto as Exhibit “B-1” and incorporated by reference.
District No. 2 Boundary Map: means the map of the District No. 2 Boundaries attached
hereto as Exhibit “B-2” and incorporated by reference.
District No. 3 Boundary Map: means the map of the District No. 3 Boundaries attached
hereto as Exhibit “B-3” and incorporated by reference.
District No. 3 Boundary Map: means the map of the District No. 4 Boundaries attached
hereto as Exhibit “B-4” and incorporated by reference.
District No. 3 Boundary Map: means the map of the District No. 5 Boundaries attached
hereto as Exhibit “B-5” and incorporated by reference.
Districts: means Waters’ Edge Metropolitan District No. 1, Waters’ Edge Metropolitan
District No. 2, Waters’ Edge Metropolitan District No. 3, Waters’ Edge Metropolitan
District No. 4 and Waters’ Edge Metropolitan District No. 5, collectively, organized under
and governed by this Service Plan.
End User: means any owner, or tenant of any owner, of any property within the Districts,
who is intended to become burdened by the imposition of ad valorem property taxes and/or
Fees. By way of illustration, a resident homeowner, renter, commercial property owner or
commercial tenant is an End User. A Developer and any person or entity that constructs
homes or commercial structures is not an End User.
External Financial Advisor: means a consultant that: (1) is qualified to advise 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; (2) shall be an underwriter, investment banker, or individual listed as a
public finance advisor in the Bond Buyer’s Municipal Market Place or, in the City’s sole
discretion, other recognized publication as a provider of financial projections; and (3) is
not an officer or employee of the Districts or an underwriter of the Districts’ Debt.
Fees: means the fees, rates, tolls, penalties and charges each District is authorized to impose
and collect under this Service Plan.
Financial Plan: means the Financial Plan described in Section IX of this Service Plan which
is prepared by D.A. Davidson and Co. in accordance with the requirements of this Service
Plan and describes (a) how the Public Improvements are to be financed; (b) how the Debt
is expected to be incurred; and (c) the estimated operating revenue derived from property
taxes and any Fees for the first budget year through the year in which all of the Districts’
Debt is expected to be defeased or paid in the ordinary course.
Inclusion Area Boundaries: means the boundaries of the property that is anticipated to be
added to the District Boundaries after the District organization, which property is legally
described in Exhibit “C” attached hereto and incorporated by reference and depicted in
the map attached hereto as Exhibit “D” and incorporated herein by reference.
Maximum Debt Authorization: means the total Debt the Districts are permitted to issue as
set forth in Section IX.B.7 of this Service Plan.
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Maximum Debt Mill Levy Imposition Term: means the maximum term during which a
District’s Debt Mill Levy may be imposed on residential property within its boundaries,
which shall include residential properties in mixed-use developments. This maximum term
shall not exceed forty (40) years from December 31 of the year this Service Plan is
approved by City Council.
Operating Mill Levy: means a property tax mill levy imposed on Taxable Property for the
purpose of funding District administration, operations and maintenance as authorized in
this Service Plan, including, without limitation, repair and replacement of Public
Improvements, and imposed at a rate not to exceed the limitations set in Section IX.B of
this Service Plan.
Planned Development: means the private development or redevelopment of the properties
in the Service Area, commonly referred to as the Waters’ Edge development, under an
Approved Development Plan.
Project: means the installation and construction of the Public Improvements for the Planned
Development.
Public Improvements: means the improvements and infrastructure the Districts are
authorized by this Service Plan to fund and construct for the Planned Development to serve
the future taxpayers and inhabitants of the Districts, except as specifically prohibited or
limited in this Service Plan. Public Improvements shall include, without limitation, the
improvements and infrastructure described in Exhibit “H” attached hereto and
incorporated by reference. Public Improvements do not include Regional Improvements.
Regional Improvements: means any regional public improvement identified by the City, as
provided in Section X of this Service Plan, for funding, in whole or part, by a Regional
Mill Levy levied by the Districts.
Regional Mill Levy: means the property tax mill tax imposed on Taxable Property for the
purpose of planning, designing, acquiring, funding, constructing, installing, relocating
and/or redeveloping the Regional Improvements and/or to fund the administration and
overhead costs related to the Regional Improvements, as provided in Section X of this
Service Plan.
Service Area: means the property collectively within the District No. 1 Boundaries, District
No. 2 Boundaries, District No. 3 Boundaries, District No. 4 Boundaries, District No. 5
Boundaries, Inclusion Area Boundaries and any property within the Annexation Area
Boundaries which is included into any of the Districts in accordance with this Service Plan.
Special District Act: means Article 1 in Title 32 of the Colorado Revised Statutes, as
amended.
Service Plan: means this service plan for the Districts approved by the City Council.
Service Plan Amendment: means a material modification of the Service Plan approved by
the City Council in accordance with the Special District Act, this Service Plan and any
other applicable law.
State: means the State of Colorado.
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Taxable Property: means the real and personal property within the Service Area that will
subject to the ad valorem taxes imposed by the Districts.
TABOR: means Colorado’s Taxpayer’s Bill of Rights in Article X, Section 20 of the
Colorado Constitution.
Vicinity Map: means the map attached hereto as Exhibit “E” and incorporated by
reference depicting the location of the Service Area within the regional area surrounding
it.
III. BOUNDARIES AND LOCATION
A. District Boundaries.
The area of the District No. 1 Boundaries includes approximately 0.0574 acres, District
No. 2 Boundaries includes approximately 88.354 acres; District No. 3 Boundaries includes
approximately 0.0574 acres; District No. 4 Boundaries includes approximately 0.0574 acres and
District No. 5 Boundaries includes approximately 0.0574 acres. A legal description and map of
the District No. 1 Boundaries are attached hereto as Exhibit A-1 and Exhibit B-1, respectively, a
legal description and map of the District No. 2 Boundaries are attached hereto as Exhibit A-2 and
Exhibit B-2, respectively, a legal description and map of the District No. 3 Boundaries are attached
hereto as Exhibit A-3 and Exhibit B-3, respectively, a legal description and map of the District
No. 4 Boundaries are attached hereto as Exhibit A-4 and Exhibit B-4, respectively and a legal
description and map of the District No. 5 Boundaries are attached hereto as Exhibit A-5 and
Exhibit B-5, respectively. It is anticipated that the Districts’ boundaries may expand or contract
from time to time as the Districts undertake inclusions or exclusions pursuant to the Special District
Act, subject to the limitations set forth in this Service Plan.
B. Inclusion Area Boundaries.
The legal description and boundary map of the Inclusion Area Boundaries are attached
hereto as Exhibit C and Exhibit D, respectfully. All property within the Inclusion Area
Boundaries is within the Service Area and may be included into or excluded from any District
without the prior approval of the City subject to the limitations of Section V of this Service Plan.
The location of the Service Area is further depicted in the Vicinity Map attached as Exhibit E.
C. Annexation Area Boundaries.
The legal description and boundary map of the Annexation Area Boundaries are attached
hereto as Exhibit F and Exhibit G, respectfully. The Annexation Area Boundaries are not
currently within the boundaries of the City. If, in the future, the City annexes any or all of the
Annexation Area Boundaries, and with prior City Manager approval, the then property owner of
the annexed property within the Annexation Area Boundaries may petition any of the Districts for
inclusion of such property into the boundaries of a District. Upon inclusion of any property within
the Annexation Area Boundaries into any of the Districts, in accordance with this Section III.C,
such property shall be included within the Service Area.
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IV. DESCRIPTION OF PROJECT, PLANNED DEVELOPMENT, PUBLIC
BENEFITS & ASSESSED VALUATION
A. Project and Planned Development.
The current Developer of the Project and Planned Development is Waters’ Edge
Investments LLLP. The Development Plan for the Project includes approximately 848 single
family residential and multi-family units, a community garden, a community center, a
sustainability center, a commercial center and substantial open space and walking trails. The goal
of this Project and Planned Development is to create an age-targeted community that allows
residents to remain in their homes as long as possible; a segment of the City’s population which
is currently under-served. The Planned Development is currently intended to reach build out in
2027, with an estimated population of 2,120 persons. In accordance with the Financial Plan, the
estimated assessed valuation of the Planned Development in 2023 will be $14,281,485, and in
2028 will be $42,985,737.
Approval of this Service Plan by the City Council does not imply approval of the
development of any particular land-use for any specific area within the Districts. Any such
approval must be contained within an Approved Development Plan.
B. Public Benefits.
In addition to providing a portion of the Public Improvements and Regional Improvements,
the organization of the Districts is intended to enable the Project and Planned Development to
deliver a number of direct and indirect public benefits, including: (i) Affordable Housing, (ii)
Significant Water Reduction of Potable Water, (iii) Enhanced and Expanded Open Space, Parks
and Trails, (iv) Rehabilitation of the Windsor No. 8 Ditch, and (v) Delayed Assisted Living. The
public benefits to be provided under this Service Plan are specifically described in Exhibit K
attached hereto and incorporated herein by reference (collectively the “Public Benefits”).
This Project and Planned Development will result in an extraordinary community
exhibiting the newest aspects of smart growth, included but not limited to, providing housing
options to an under-served segment of the City’s population, energy and water conservation,
reduction in the City’s carbon footprint, substantial community services, enhancements to the
natural environment and smart and purposeful growth. The Service Area includes approximately
40% open space, incorporating direct access to such open space from each lot through a system of
expansive trails to allow bike/pedestrian/scooter access to community parks and other amenities.
The Project’s planned non-potable water system is designed not just to save potable water supplies,
but also reduce overall irrigation uses by approximately 30%. The Planned Development includes
single family house designs of 100% single level living, nearly all ranches, and many with stepless
entries designed to allow seniors to age-in-place independently and delay re-location to assisted
living facilities.
The purpose of the Districts is to provide for the planning, design, acquisition, construction,
installation, relocation and redevelopment of a portion of the Public Improvements necessary to
enable the Project and Planned Development to develop as planned.
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Therefore, notwithstanding any provision to the contrary contained in this Service Plan, no
District shall be authorized to issue any Debt or to impose a Debt Mill Levy or Fees for the payment
of Debt on any Taxable Property unless and until the delivery of the Public Benefits specifically
related to the phase of the Planned Development or portion of the Project to be financed with such
Debt, Debt Mill Levy or Fees, are secured in a manner approved by the City Council. To satisfy
this precondition to the issuance of Debt and to the imposition of the Debt Mill Levy and Fees,
delivery of the Public Benefits for each phase of the Project and Planned Development must be
secured by the following methods, as applicable:
1. For any portion of the Public Benefits to be provided by one or more of the Districts,
each such District must enter into an intergovernmental agreement with the City either
(i) agreeing to provide those Public Benefits as a legally enforceable multiple-fiscal
year obligation of the District under TABOR, or by (ii) securing performance of that
obligation with a surety bond, letter of credit or other surety acceptable to the City, and
any such intergovernmental agreement must be approved by the City Council by
resolution;
2. For any portion of the Public Benefits to be provided by one or more Developers of the
Planned Development, each such Developer must either (i) enter into a development
agreement with the City under the Developer’s applicable Approved Development
Plan, which agreement must legally obligate the Developer to provide those Public
Benefits before the City is required to issue building permits and/or certificates of
occupancy for structures to be built under the Approved Development Plan for that
phase of the Planned Development, or (ii) secure such obligations with a surety bond,
letter of credit or other security acceptable to the City, and all such development
agreements must be approved by the City Council by resolution; or
3. For any portion of the Public Benefits to be provided in part by one or more of the
Districts in the Project and in part by one or more of the Developers in the Planned
Development or the Project, an agreement between the City and the affected District(s)
and Developers that secures such Public Benefits as legally binding obligations using
the methods described in subsections 1 and 2 above, and all such agreements must be
approved by the City Council by resolution.
C. Assessed Valuation.
The current assessed valuation of the Service Area is approximately Seven Hundred
Thirty-Five Thousand Dollars ($735,000) and, at build out, is expected to be approximately Forty
Three Million Dollars ($43,000,000). These amounts are expected to be sufficient to reasonably
discharge the Debt as demonstrated in the Financial Plan.
V. INCLUSION OF LAND IN THE SERVICE AREA
The Districts shall not add any property to the Service Area without the City Council’s
prior written approval and in compliance with the Special District Act. The Districts shall be
entitled to include within their boundaries any property within the Annexation Area Boundaries
with prior approval of the City Manager so long as such property is first annexed into the City, and
9
the then property owner of property within the Annexation Area Boundaries petitions for inclusion
into one of the Districts in accordance with Section III.C of this Service Plan and the Special
District Act. Upon inclusion of any property within the Annexation Area Boundaries into a District
in accordance with this Service Plan, such property will be included within the Service Area. Once
a District has issued Debt, it shall not exclude real property from the District’s boundaries without
the prior written consent of the City Council.
VI. DISTRICT GOVERNANCE
The Districts’ Boards shall be comprised of persons who are a qualified “eligible electors”
of the Districts as provided in the Special District Act. It is anticipated that over time, the End
Users who are eligible electors will assume direct electoral control of the Districts’ Boards as
development within the Service Area progresses. The Districts shall not enter into any agreement
by which the End Users’ electoral control of the Boards is removed or diminished.
VII. AUTHORIZED AND PROHIBITED POWERS
A. General Grant of Powers.
The Districts shall have the power and authority to provide the Public Improvements, the
Regional Improvements and related operation and maintenance services, within and without the
Service Area, as such powers and authorities are described in the Special District Act, other
applicable State law, common law and the Colorado Constitution, subject to the prohibitions,
restrictions and limitations set forth in this Service Plan.
If, after the Service Plan is approved, any State law is enacted to grant additional powers
or authority to metropolitan districts by amendment of the Special District Act or otherwise, such
powers and authority shall be deemed to be a part hereof and available to or exercised by the
Districts if the City Council first approves the exercise of such powers or authority by the
Districts. Such approval by the City Council shall not constitute a Service Plan Amendment.
B. Prohibited Improvements and Services and other Restrictions and Limitations.
The Districts’ powers and authority under this Service Plan to provide Public
Improvements and services and to otherwise exercise its other powers and authority under the
Special District Act and other applicable State law, are prohibited, restricted and limited as
hereafter provided. Failure to comply with these prohibitions, restrictions and limitations shall
constitute a material modification under this Service Plan and shall entitle the City to pursue all
remedies available at law and in equity as provided in Section XVII of this Service Plan:
1. Eminent Domain Restriction
The Districts shall not exercise their statutory power of eminent domain without first
obtaining resolution approval from the City Council. This restriction on the Districts’
exercise of the eminent domain power is being voluntarily acquiesced to by the
Districts and shall not be interpreted in any way as a limitation on the Districts’
sovereign powers and shall not negatively affect the Districts’ status as political
subdivision of the State as conferred by the Special District Act.
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2. Fee Limitation
Any Fees imposed for the repayment of Debt, as authorized by this Service Plan, shall
not be imposed by the Districts upon or collected from an End User. In addition, Fees
imposed for the payment of Debt shall not be imposed unless and until the requirements
for securing the delivery of the relevant portion of the Public Benefits have been
satisfied in accordance with Section IV.B of this Service Plan. Notwithstanding any of
the foregoing, this Fee limitation shall not apply to any Fee imposed to fund the
operation, maintenance, repair or replacement of Public Improvements or the
administration of the Districts.
3. Operations and Maintenance
The primary purpose of the Districts is to plan for, design, acquire, construct, install,
relocate, redevelop and finance a portion of the Public Improvements. The Districts
shall dedicate the Public Improvements to the City or other appropriate jurisdiction or
owners’ association in a manner consistent with the Approved Development Plan and
the City Code, provided that nothing herein requires the City to accept a dedication.
Each District is specifically authorized to operate and maintain any part or all of the
Public Improvements not otherwise conveyed or dedicated to the City or another
appropriate governmental entity. Additionally, the Districts are authorized to operate
and maintain any part or all of the Public Improvements not otherwise conveyed or
dedicated to the City or another appropriate governmental entity until such time that
the Districts dissolve.
4. Fire Protection Restriction
The Districts are not authorized to plan for, design, acquire, construct, install, relocate,
redevelop, finance, own, operate or maintain fire protection facilities or services, unless
such facilities and services are provided pursuant to an intergovernmental agreement
with the Poudre Fire Authority. The authority to plan for, design, acquire, construct,
install, relocate, redevelop, finance, own, operate or maintain fire hydrants and related
improvements installed as part of the water system shall not be limited by this
subsection.
5. Public Safety Services Restriction
The Districts are not authorized to provide policing or other security services. However,
the Districts may, pursuant to C.R.S. § 32-1-1004(7), as amended, furnish security
services pursuant to an intergovernmental agreement with the City.
6. Grants from Governmental Agencies Restriction
The Districts shall not apply for grant funds distributed by any agency of the United
States Government or the State without the prior written approval of the City Manager.
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This does not restrict the collection of Fees for services provided by the Districts to the
United States Government or the State.
7. Golf Course Construction Restriction
Acknowledging that the City has financed public golf courses and desires to coordinate
the construction of public golf courses within the City’s boundaries, the Districts shall
not be authorized to plan, design, acquire, construct, install, relocate, redevelop,
finance, own, operate or maintain a golf course unless such activity is pursuant to an
intergovernmental agreement with the City.
8. Television Relay and Translation Restriction
The Districts are not authorized to plan for, design, acquire, construct, install, relocate,
redevelop, finance, own, operate or maintain television relay and translation facilities
and services, other than for the installation of conduit as a part of a street construction
project, unless such facilities and services are provided pursuant to prior written
approval from the City Council.
9. Potable Water and Wastewater Treatment Facilities
Acknowledging that the City and other existing special districts operating within the
City currently own and operate treatment facilities for potable water and wastewater
that are available to provide services to the Service Area, the Districts shall not plan,
design, acquire, construct, install, relocate, redevelop, finance, own, operate or
maintain such facilities without obtaining the City Council’s prior written approval
either by intergovernmental agreement or as a Service Plan Amendment.
10. Sales and Use Tax Exemption Limitation
The Districts shall not exercise any City sales and use tax exemption otherwise
available to the Districts under the City Code.
11. Sub-district Restriction
The Districts shall not create any sub-district pursuant to the Special District Act
without the prior written approval of the City Manager.
12. Privately Placed Debt Limitation
Prior to the issuance of any privately placed Debt, the issuing 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.
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We [I] certify that (1) the net effective interest rate (calculated as
defined in C.R.S. Section 32-1-103(12)) 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.
13. Special Assessments
The Districts shall not impose special assessments without the prior written approval of
the City Council.
VIII. PUBLIC IMPROVEMENTS AND ESTIMATED COSTS
Exhibit H summarizes the type of Public Improvements that are projected to be
constructed and/or installed by the Districts. The cost, scope, and definition of such Public
Improvements may vary over time. The total estimated costs of Public Improvements, as set forth
in Exhibit H, excluding any improvements paid for by the Regional Mill Levy necessary to serve
the Planned Development, are approximately Ninety Eight Million Five Hundred Twelve
Thousand Five Hundred Seventy Seven Dollars ($98,512,577) in Project costs in 2018 dollars as
set forth in Exhibit H, of which Twenty Eight Million One Hundred Twenty Thousand Two
Hundred Fifty Eight Dollars ($28,120,258) are costs related to “Non-Basic Infrastructure” and
which does not include approximately Three Million Four Hundred Seventeen Thousand One
Hundred and Five Dollars ($3,417,105) in “Indirect Costs” of the Planned Development which are
necessary to provide a portion of the extraordinary Public Benefits as set forth in Exhibit L. The
cost estimates are based upon preliminary engineering, architectural surveys, and reviews of the
Public Improvements and include all construction cost estimates together with estimates of costs
such as land acquisition, engineering services, legal expenses and other associated expenses. Maps
of the anticipated location, operation, and maintenance of Public Improvements are attached hereto
as Exhibit I. Changes in the Public Improvements or costs, which are approved by the City in an
Approved Development Plan, shall not constitute a Service Plan Amendment. In addition, the City
shall not be bound by this Service Plan in reviewing and approving the Approved Development
Plan and the Approved Development Plan shall supersede the Service Plan with regard to the cost,
scope and definition of Public Improvements. Provided, however, any agreement approved and
entered into under Section IV.B of this Service Plan for the provision of a Public Improvement
that is also a Public Benefit, shall supersede both this Service Plan and the applicable Approved
Development Plan.
Except as otherwise provided by an agreement approved under Section IV.B of this Service
Plan: (i) the design, phasing of construction, location and completion of Public Improvements will
be determined by the Districts to coincide with the phasing and development of the Planned
Development and the availability of funding sources; (ii) the Districts may, in their discretion,
phase the construction, completion, operation, and maintenance of Public Improvements or defer,
delay, reschedule, rephase, relocate or determine not to proceed with the construction, completion,
operation, and maintenance of Public Improvements, and such actions or determinations shall not
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constitute a Service Plan Amendment; and (iii) the Districts shall also be permitted to allocate
costs between such categories of the Public Improvements as deemed necessary in its discretion.
The City Code has development standards, contracting requirements and other legal
requirements related to the construction and payment of public improvements and related to certain
operation activities. Relating to these, the Districts shall comply with the following requirements:
A. Development Standards.
The Districts shall ensure that the Public Improvements are designed and constructed in
accordance with the standards and specifications of the City Code and of other governmental
entities having proper jurisdiction, as applicable. The Districts directly, or indirectly through any
Developer, will obtain the City’s approval of civil engineering plans and will obtain applicable
permits for construction and installation of Public Improvements prior to performing such work.
Unless waived by the City Council, the Districts shall be required, in accordance with the City
Code, to post a surety bond, letter of credit, or other approved development security for any Public
Improvements to be constructed by the Districts. Such development security may be released in
the City Manager’s discretion when the constructing District has obtained funds, through Debt
issuance or otherwise, adequate to insure the construction of the Public Improvements, unless such
release is prohibited by or in conflict with any City Code provision, State law or any agreement
approved and entered into under Section IV.B of this Service Plan. Any limitation or requirement
concerning the time within which the City must review the Districts’ proposal or application for
an Approved Development Plan or other land use approval is hereby waived by the Districts.
B. Contracting.
The Districts shall comply with all applicable State purchasing, public bidding and
construction contracting.
C. Land Acquisition and Conveyance.
The purchase price of any land or improvements acquired by the Districts from the
Developer shall be no more than the then-current fair market value as confirmed by an independent
MAI appraisal for land and by an independent professional engineer for improvements. Land,
easements, improvements and facilities conveyed to the City shall be free and clear of all liens,
encumbrances and easements, unless otherwise approved by the City Manager prior to
conveyance. All conveyances to the City shall be by special warranty deed, shall be conveyed at
no cost to the City, shall include an ALTA title policy issued to the City, shall meet the
environmental standards of the City and shall comply with any other conveyance prerequisites
required in the City Code.
D. Equal Employment and Discrimination.
In connection with the performance of all acts or activities hereunder, the Districts shall
not discriminate against any person otherwise qualified with respect to its hiring, discharging,
promoting or demoting or in matters of compensation solely because of race, color, religion,
national origin, gender, age, military status, sexual orientation, gender identity or gender
expression, marital status, or physical or mental disability, and further shall insert the foregoing
provision in contracts or subcontracts entered into by the Districts to accomplish the purposes of
this Service Plan.
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IX. FINANCIAL PLAN/PROPOSED DEBT
This Section IX of the Service Plan describes the nature, basis, method of funding and
financing limitations associated with the acquisition, construction, completion, repair,
replacement, operation and maintenance of Public Improvements.
A. Financial Plan.
The Districts’ Financial Plan, attached as Exhibit J and incorporated by reference, reflects
the Districts’ anticipated schedule for incurring Debt to fund Public Improvements in support of
the Project. The Financial Plan also reflects the schedule of all anticipated revenues flowing to the
Districts derived from Districts’ mill levies, Fees imposed by the Districts, specific ownership
taxes, and all other anticipated legally available revenues. The Financial Plan is based on
economic, political and industry conditions as they exist presently and reasonable projections and
estimates of future conditions. These projections and estimates are not to be interpreted as the only
method of implementation of the Districts’ goals and objectives but rather a representation of one
feasible alternative. Other financial structures may be used so long they are in compliance with
this Service Plan. The Financial Plan incorporates all of the provisions of this Section IX.
Based upon the assumptions contained therein, the Financial Plan projects the issuance of
Bonds to fund Public Improvements and anticipated Debt repayment based on the development
assumptions and absorptions of the property in the Service Area by End Users. The Financial Plan
anticipates that the Districts will acquire, construct, and complete all of the Public Improvements
needed to serve the Service Area.
The Financial Plan demonstrates that the Districts will have the financial ability to
discharge all Debt to be issued as part of the Financial Plan on a reasonable basis. Furthermore,
the Districts will secure the certification of an External Financial Advisor who will provide an
opinion as to whether such Debt issuances are in the best interest of the Districts at the time of
issuance.
B. Mill Levies.
It is anticipated that the Districts will impose a Debt Mill Levy and an Operating Mill Levy
on all property within the Service Area. In doing so, the following shall apply:
1. Aggregate Mill Levy Maximum
The Aggregate Mill Levy shall not exceed in any year the Aggregate Mill Levy
Maximum, which is fifty (50) mills.
2. Regional Mill Levy Not Included in Other Mill Levies
The Regional Mill Levy shall not be counted against the Aggregate Mill Levy
Maximum.
3. Operating Mill Levy
Each District may impose an Operating Mill Levy of up to fifty (50) mills until such
District imposes a Debt Mill Levy. Once a District imposes a Debt Mill Levy of any
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amount, such District’s Operating Mill Levy shall not exceed ten (10) mills at any
point.
4. Gallagher Adjustments
In the event the State’s method of calculating assessed valuation for the Taxable
Property changes after January 1, 2018, or any subsequent constitutionally mandated
tax credit, cut or abatement, the Districts’ Aggregate Mill Levy, Debt Mill Levy,
Operating Mill Levy, and Aggregate Mill Levy Maximum, amounts herein provided
may be increased or decreased to reflect such changes; such increases or decreases shall
be determined by the District’s Board in good faith so that to the extent possible, the
actual tax revenues generated by such mill levies, as adjusted, are neither enhanced nor
diminished as a result of such change occurring after January 1, 2018. For purposes of
the foregoing, a change in the ratio of actual valuation to assessed valuation will be a
change in the method of calculating assessed valuation.
5. Excessive Mill Levy Pledges
Any Debt issued with a mill levy pledge, or which results in a mill levy pledge, that
exceeds the Aggregate Mill Levy Maximum or 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 a Service Plan Amendment.
6. Refunding Debt
The Maximum Debt Mill Levy Imposition Term may be exceeded for Debt refunding
purposes if: (1) a majority of the issuing District’s Board is composed of End Users
and have voted in favor of a refunding of a part or all of the Debt; or (2) such refunding
will result in a net present value savings.
7. Maximum Debt Authorization
The Districts anticipate approximately Ninety Eight Million Five Hundred Twelve
Thousand Five Hundred Seventy Seven Dollars ($98,512,577) in Project costs in 2018
dollars as set forth in Exhibit H, of which Twenty Eight Million One Hundred Twenty
Thousand Two Hundred Fifty Eight Dollars ($28,120,258) are costs related to “Non-
Basic Infrastructure” and which does not include approximately Three Million Four
Hundred Seventeen Thousand One Hundred and Five Dollars ($3,417,105) in “Indirect
Costs” of the Planned Development which are necessary to provide a portion of the
extraordinary Public Benefits as set forth in Exhibit K. The Districts project to have
the ability to issue approximately Forty Nine Million Eight Hundred Sixty Thousand
Six Hundred Twenty Five Dollars (49,868,625) in Debt, as set forth in Exhibit J, and
anticipate issuing approximately Thirty One Million Five Hundred Thousand Dollars
($31,500,000) in Debt to pay for a portion of the Project costs, which such Debt
issuance amount plus any associated and reasonable costs of issuance shall be the
16
amount of the Maximum Debt Authorization. Intergovernmental Capital Pledge
Agreements among two or more of the Districts pledging the collection and payment
of property taxes or Fees by one District for the repayment of Debt by a separate issuing
District shall not count against the Maximum Debt Authorization. The Districts
collectively shall not issue Debt in excess of the Maximum Debt Authorization. In
addition, no District shall issue any Debt unless and until delivery of the relevant
portion of the Public Benefits have been secured as required in Section IV.B of this
Service Plan. Bonds, loans, notes or other instruments which have been refunded shall
not count against the Maximum Debt Authorization. The Districts must seek prior
resolution approval by the City Council to issue Debt in excess of the Maximum Debt
Authorization to pay the actual costs of the Public Improvements set forth in Exhibit
H plus inflation, contingencies and other unforeseen expenses associated with such
Public Improvements. Such approval by the City Council shall not constitute a material
modification of this Service Plan requiring a Service Plan Amendment so long as
increases are reasonably related to the Public Improvements set forth in Exhibit H and
any Approved Development Plan.
C. Maximum Voted Interest Rate and Underwriting Discount.
The interest rate on any Debt is expected to be the market rate at the time the Debt is issued.
The maximum interest rate on any Debt, including any defaulting interest rate, is not permitted to
exceed Twelve Percent (12%). The maximum underwriting discount shall be three percent (3%).
Debt, when issued, will comply with all relevant requirements of this Service Plan, the Special
District Act, other applicable State law and federal law as then applicable to the issuance of public
securities.
D. Interest Rate and Underwriting Discount Certification.
The Districts shall retain an External Financial Advisor to provide a written opinion on the
market reasonableness of the interest rate on any Debt and any underwriter discount paid by the
Districts as part of a Debt financing transaction. The Districts shall provide this written opinion
to the City before issuing any Debt based on it.
E. Disclosure to Purchasers.
In order to notify future End Users who are purchasing residential lots or dwellings units
in the Service Area that they will be paying, in addition to the property taxes owed to other taxing
governmental entities, the property taxes imposed under the Debt Mill Levy, the Operating Mill
Levy and possibly the Regional Mill Levy, the Districts shall not be authorized to issue any Debt
under this Service Plan until there is included in the Developer’s Approved Development Plan
provisions that require the following:
1. That the Developer, and its successors and assigns, shall prepare and submit to the
City Manager for his approval a disclosure notice in substantially the form attached
hereto as Exhibit L (the “Disclosure Notice”);
2. That when the Disclosure Notice is approved by the City Manager, the Developer
shall record the Disclosure Notice in the Larimer County Clerk and Recorders
Office; and
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3. That the approved Disclosure Notice shall be provided by the Developer, and by its
successors and assigns, to each potential End User purchaser of a residential lot or
dwelling unit in the Service Area before that purchaser enters into a written
agreement for the purchase and sale of that residential lot or dwelling unit.
F. External Financial Advisor.
An External Financial Advisor shall be retained by the Districts to provide a written
opinion as to whether any Debt issuance is in the best interest of the issuing District once the total
amount of Debt issued by the Districts exceeds Five Million Dollars ($5,000,000). The External
Financial Advisor is to provide advice to the issuing District’s Board regarding the proposed terms
and whether Debt conditions are reasonable based upon the status of development within the
District, the projected tax base increase in the District, the security offered and other considerations
as may be identified by the Advisor. The issuing District shall include in the transcript of any Bond
transaction, or other appropriate financing documentation for related Debt instrument, a signed
letter from the External Financial Advisor providing an official opinion on the structure of the
Debt, stating the Advisor’s opinion that the cost of issuance, sizing, repayment term, redemption
feature, couponing, credit spreads, payment, closing date, and other material transaction details of
the proposed Debt serve the best interest of the issuing District.
Debt shall not be undertaken by the Districts if found to be unreasonable by the External
Financial Advisor.
G. Disclosure to Debt Purchasers.
Any Debt of the Districts shall set forth a statement in substantially the following form:
“By acceptance of this instrument, the owner of this Debt agrees and
consents to all of the limitations with respect to the payment of the
principal and interest on this Debt contained herein, in the resolution
of the District authorizing the issuance of this Debt and in the
Service Plan of the District. This Debt is not and cannot be a Debt
of the City of Fort Collins”
Similar language describing the limitations with respect to the payment of the principal 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 Service Area.
H. Security for Debt.
The Districts shall not pledge any revenue or property of the City 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 City of payment of any of the Districts’ obligations; nor shall anything in the
Service Plan be construed so as to create any responsibility or liability on the part of the City in
the event of default by the Districts in the payment of any such obligations.
I. TABOR Compliance.
The Districts shall comply with the provisions of TABOR. In the discretion of the Districts’
Boards, the Districts may set up other qualifying entities to manage, fund, construct and operate
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facilities, services, and programs. To the extent allowed by law, any entity created by a District
will remain under the control of the District’s Board.
J. Districts’ Operating Costs.
The estimated cost of acquiring land, engineering services, legal services and
administrative services, together with the estimated costs of the Districts’ organization and initial
operations, are anticipated to be $200,000, which will be eligible for reimbursement from Debt
proceeds.
In addition to the capital costs of the Public Improvements, the Districts will require
operating funds for administration and to plan and cause the Public Improvements to be operated
and maintained. The first year’s operating budget is estimated to be $100,000.
Ongoing administration, operations and maintenance costs may be paid from property
taxes collected through the imposition of an Operating Mill Levy as set forth in Section IX.B.3 of
this Service Plan, as well as other revenues legally available to the Districts.
X. REGIONAL IMPROVEMENTS
The Districts shall be authorized to provide for the planning, design, acquisition, funding,
construction, installation, relocation, redevelopment, administration and overhead costs related to
the provision of Regional Improvements. At the discretion of the City, the Districts shall impose
a Regional Improvement Mill Levy on all property within the Districts’ boundaries under the
following terms:
A. Regional Mill Levy Authority.
The Districts shall seek the authority to impose an additional Regional Mill Levy of five
(5) mills as part of the Districts’ initial TABOR election. The Districts shall also seek from the
electorate in that election the authority under TABOR to enter into an intergovernmental
agreement with the City obligating the Districts to pay as a multiple-fiscal year obligation the
proceeds from the Regional Mill Levy to the City. Obtaining voter-approval of the Regional Mill
Levy and this intergovernmental agreement shall be a precondition to the Districts issuing any
Debt and imposing the Operating Mill Levy, the Debt Mill Levy and any Fees for the repayment
of Debt under this Service Plan.
B. Regional Mill Levy Imposition.
The Districts shall each impose the Regional Mill Levy at a rate not to exceed five (5) mills
within one year of receiving written notice from the City Manager to the Districts requesting the
imposition of the Regional Mill Levy and stating the mill rate to be imposed.
C. City Notice Regarding Regional Improvements.
Such notice from the City shall provide a description of the Regional Improvements to be
constructed and an analysis explaining how the Regional Improvements will be beneficial to
property owners within the Service Area. The City shall make a good faith effort to require that
planned developments that (i) are adjacent to the Service Area and (ii) will benefit from the
Regional Improvement also impose a Regional Mill Levy, to the extent possible.
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D. Regional Improvements Authorized Under Service Plan.
If the Districts are so notified by the City Manager, the Regional Improvements shall be
considered public improvements that the Districts would otherwise be authorized to design,
construct, install re-design, re-construct, repair or replace pursuant to this Service Plan and
applicable law.
E. Expenditure of Regional Mil Levy Revenues.
Revenue collected through the imposition of the Regional Mill Levy shall be expended as follows:
1. Intergovernmental Agreement
If the City and the Districts have executed an intergovernmental agreement
concerning the Regional Improvements, then the revenue from the Regional Mill
Levy shall be used in accordance with such agreement; or
2. No Intergovernmental Agreement
If no intergovernmental agreement exists between the Districts and the City, then
all revenue from the Regional Mill Levy shall be paid to the City, for use by the
City in the planning, designing, constructing, installing, acquiring, relocating,
redeveloping or financing of Regional Improvements which benefit the End Users
of the Districts as prioritized and determined by the City.
F. Regional Mill Levy Term.
The imposition of the Regional Mill Levy shall not exceed a term of twenty-five (25) years
from December 31 of the tax collection year after which the Regional Mill Levy is first imposed.
G. Completion of Regional Improvements.
All Regional Improvements shall be completed prior to the end of the twenty-five (25) year
Regional Mill Levy term.
H. City Authority to Require Imposition.
The City’s authority to require the initiation of the imposition of a Regional Mill Levy shall
expire fifteen (15) years after December 31st of the year in which a District first imposes a Debt
Mill Levy.
I. Regional Mill Levy Not Included in Other Mill Levies.
The Regional Mill Levy imposed shall not be applied toward the calculation of the
Aggregate Mill Levy Maximum.
J. Gallagher Adjustment.
In the event the method of calculating assessed valuation is changed after January 1, 2018,
or any subsequent constitutionally mandated tax credit, cut or abatement, the Regional Mill Levy
may be increased or shall be decreased to reflect such changes; such increases or decreases shall
be determined by the District’s Board in good faith so that to the extent possible, the actual tax
revenues generated by the Regional Mill Levy, as adjusted, are neither enhanced nor diminished
as a result of such change occurring after January 1, 2018. For purposes of the foregoing, a change
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in the ratio of actual valuation to assessed valuation will be a change in the method of calculating
assessed valuation
XI. CITY FEES
The Districts shall pay all applicable City fees as required by the City Code.
XII. BANKRUPTCY LIMITATIONS
All of the limitations contained in this Service Plan, including, but not limited to, those
pertaining to the Aggregate Mill Levy Maximum, Maximum Debt Mill Levy Imposition Term and
Fees, have been established under the authority of the City in the Special District Act to approve
this Service Plan. It is expressly intended that by such approval such limitations: (i) shall not be
set aside for any reason, including by judicial action, absent a Service Plan Amendment; and (ii)
are, together with all other requirements of State 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 non-bankruptcy
law” as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section
943(b)(6).
XIII. ANNUAL REPORTS AND BOARD MEETINGS
A. General.
Each of the Districts shall be responsible for submitting an annual report to the City Clerk
no later than September 1st of each year following the year in which the Order and Decree creating
the Districts have been issued. The Districts may file a consolidated annual report. The annual
report may be made available to the public on the City’s website.
B. Board Meetings.
Each of the Districts’ Boards shall hold at least one public board meeting in three of the
four quarters of each calendar year, beginning in the first full calendar year after the Districts’
creation. Notice for each of these meetings shall be given in accordance with the requirements of
the Special District Act and other applicable State Law. This meeting requirement shall not apply
until there is at least one End User of property within the District. Also, this requirement shall no
longer apply when a majority of the directors on the District’s Board are End Users.
C. Report Requirements.
Unless waived in writing by the City Manager, each of the Districts’ annual reports must
include the following:
1. Narrative
A narrative summary of the progress of the District in implementing its Service
Plan for the report year.
2. Financial Statements
Except when exemption from audit has been granted for the report year under the
Local Government Audit Law, the audited financial statements of the District for
the report year including a statement of financial condition (i.e., balance sheet) as
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of December 31 of the report year and the statement of operation (i.e., revenue and
expenditures) for the report year.
3. Capital Expenditures
Unless disclosed within a separate schedule to the financial statements, a summary
of the capital expenditures incurred by the District in development of improvements
in the report year.
4. Financial Obligations
Unless disclosed within a separate schedule to the financial statements, a summary
of financial obligations of the District at the end of the report year, including the
amount of outstanding Debt, the amount and terms of any new District Debt issued
in the report year, the total assessed valuation of all Taxable Property within the
Service Area as of January 1 of the report year and the current total District mill
levy pledged to Debt retirement in the report year.
5. Board Contact Information
The names and contact information of the current directors on the District’s Board,
any District manager and the attorney for the District shall be listed in the report.
The District’s current office address, phone number, email address and any website
address shall also be listed in the report.
6. Other Information
Any other information deemed relevant by the City Council or deemed reasonably
necessary by the City Manager.
D. Reporting of Significant Events.
The annual report of each District shall also include information as to any of the following
that occurred during the report year:
1. Boundary changes made or proposed to the District’s boundaries as of
December 31 of the report year.
2. Intergovernmental Agreements with other governmental entities, either entered
into or proposed as of December 31 of the report year.
3. Copies of the District’s rules and regulations, if any, or substantial changes to
the District’s rules and regulations as of December 31 of the report year.
4. A summary of any litigation which involves the District’s Public Improvements
as of December 31 of the report year.
5. A list of all facilities and improvements constructed by the District that have
been dedicated to and accepted by the City as of December 31 of the report
year.
6. Notice of any uncured events of default by the District, which continue beyond
a ninety (90) day period, under any Debt instrument.
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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.
E. Failure to Submit.
In the event the annual report is not timely received by the City Clerk or is not fully
responsive, notice of such default shall be given to the District’s Board at its last known address.
The failure of the District to file the annual report within forty-five (45) days of the mailing of
such default notice by the City Clerk may constitute a material modification of the Service Plan,
at the discretion of the City Manager.
XIV. SERVICE PLAN AMENDMENTS
This Service Plan is general in nature and does not include specific detail in some instances.
The Service Plan has been designed with sufficient flexibility to enable the Districts to provide
required improvements, services and facilities under evolving circumstances without the need for
numerous amendments. Modification of the general types of improvements and facilities making
up the Public Improvements, and changes in proposed configurations, locations or dimensions of
the Public Improvements, shall be permitted to accommodate development needs provided such
Public Improvements are consistent with the then-current Approved Development Plans for the
Project and any agreement approved by City Council pursuant to Section IV.B of this Service Plan.
Any action of one or more of the Districts, which is a material modification of this Service Plan
requiring a Service Plan Amendment as provided in Section XV of this Service Plan or that is a
violation or breach of any other provision of this Service Plan, shall be deemed to be a material
modification to this Service Plan unless otherwise expressly provided in this Service Plan. All
other departures from the provisions of this Service Plan shall be considered on a case-by-case
basis as to whether such departures are a material modification under this Service Plan or the
Special District Act.
XV. MATERIAL MODIFICATIONS
Material modifications to this Service Plan may be made only in accordance with C.R.S.
Section 32-1-207 as a Service Plan Amendment. No modification shall be required for an action
of the Districts that does not materially depart from the provisions of this Service Plan, unless
otherwise provided in this Service Plan.
Departures from the Service Plan by any of the Districts that constitute a material
modification requiring a Service Plan Amendment include, without limitation:
1. Actions or failures to act that create materially greater financial risk or burden to
the taxpayers of any of the Districts;
2. Performance of a service or function, construction of an improvement, or
acquisition of a major facility that is not closely related to an improvement, service,
function or facility authorized in the Service Plan;
3. Failure to perform a service or function, construct an improvement or acquire a
facility required by the Service Plan; and
4. Failure to comply with any of the preconditions, prohibitions, limitations and
restrictions of this Service Plan.
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XVI. DISSOLUTION
Upon independent determination by the City Council that the purposes for which any
District was created have been accomplished, the District shall file a petition in district court for
dissolution as provided in the Special District Act. In no event shall dissolution occur until such
District has provided for the payment or discharge of all of its outstanding indebtedness and other
financial obligations as required pursuant to the Special District Act or any other applicable State
law.
In addition, if within three (3) years from the date of the City Council’s approval of this
Service Plan no agreement contemplated under Section IV.B of this Service Plan has been entered
into by the City with any of the Districts and/or any Developer, despite the parties conducting good
faith negotiations attempting to do so, the City may opt to pursue the remedies available to it under
C.R.S. Section 32-1-701(3) in order to compel the Districts to dissolve in a prompt and orderly
manner. In such event: (i) the limited purposes and powers of the Districts, as authorized herein,
shall automatically terminate and be expressly limited to taking only those actions that are
reasonably necessary to dissolve; (ii) the Board of Directors of each of the Districts will be deemed
to have agreed with the City regarding its dissolution without an election pursuant to C.R.S. §32-
1-704(3)(b); (iii) the Districts shall take no action to contest or impede the dissolution of the
Districts and shall affirmatively and diligently cooperate in securing the final dissolution of the
Districts, and (iv) subject to the statutory requirements of the Special District Act, the Districts
shall thereupon dissolve.
XVII. SANCTIONS
Should any of the Districts undertake any act without obtaining prior City Council approval
or consent or City Manager approval or consent under this Service Plan that constitutes a material
modification to this Service Plan requiring a Service Plan Amendment as provided herein or under
the Special Districts Act, or that violates or is in breach of any provision of this Service Plan, the
City Council may impose one (1) or more of the following sanctions, as it deems appropriate:
1. Exercise any applicable remedy under the Special District Act;
2. Withhold the issuance of any permit, authorization, acceptance or other
administrative approval, or withhold any cooperation, necessary for the District’s
development or construction or operation of improvements or provision of services;
3. Exercise any legal remedy under the terms of any intergovernmental agreement
under which the District is in default; or
4. Exercise any other legal and equitable remedy available under the law, including
seeking prohibitory and mandatory injunctive relief against the District, to ensure
compliance with the provisions of the Service Plan or applicable law.
XVIII. CONCLUSION
It is submitted that this Service Plan, as required by C.R.S. Section 32-1-203(2), establishes
that:
1. There is sufficient existing and projected need for organized service in the Service Area
to be served by the Districts;
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2. The existing service in the Service Area to be served by the Districts is inadequate for
present and projected needs;
3. The Districts are capable of providing economical and sufficient service to the Service
Area; and
4. The Service Area does have, and will have, the financial ability to discharge the
proposed indebtedness on a reasonable basis.
XIX. RESOLUTION OF APPROVAL
The Districts agree to incorporate the City Council’s resolution approving this Service
Plan, including any conditions imposed by the City Council on such approval, into the copy of the
Service Plan presented to the District Court for and in Larimer County, Colorado.
EXHIBIT A-1
Legal Description of District No. 1 Boundaries
WATERS’ EDGE METROPOLITAN DISTRICT NO. 1
A parcel of land, located in the Southwest Quarter (SW1/4) of Section Twenty-nine (29), Township
8 North (T.8N.), Range Sixty-Eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City
of Fort Collins, County of Larimer, State of Colorado and being more particularly described as
follows:
COMMENCING at the Southwest corner of said Section 29 and assuming the West line of Section
29 as bearing North 00°28’06” East being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/2011, a distance of 2638.33 feet and with all
other bearings contained herein relative thereto;
THENCE North 00°28’06” East along said West line a distance of 1705.41 feet to the extension of
centerline of Morningstar Way;
THENCE South 89°31’52” East along said extension a distance of 30.00 feet to the East Right-of-
Way line of Turnberry Road;
THENCE continuing along said extension South 89°31’52” East a distance of 24.00 feet to the
POINT OF BEGINNING;
THENCE North 00°28’06” East a distance of 50.00 feet;
THENCE South 89°31’52” East a distance of 50.00 feet;
THENCE South 00°28’06” West a distance of 50.00 feet;
THENCE North 89°31’52” West a distance of 50.00 feet to the POINT OF BEGINNING.;
Said described parcel of land contains 2,500 Square Feet or 0.057 Acres, more or less (±).
SURVEYOR’S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking, and that it is true and
correct to the best of my knowledge and belief.
___________________________________________________________
Steven Parks - on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor #38348
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
EXHIBIT A-2
Legal Description of District No. 2 Boundaries
O:\2015374-B\PROP_DESC\2015374B-D2-OVERALL BD.docPage 1 of 2
WATERS’ EDGE METROPOLITAN DISTRICT NO. 2
A parcel of land, located in the South Half (S1/2) of Section Thirty (30), Township 8 North
(T.8N.), Range Sixty-Eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort
Collins, County of Larimer, State of Colorado and being more particularly described as follows:
Lots 1 through 345 and Tracts AA, BB, A, B, C, D, E, F, G, H, I, J, K, K-1, K-2, L, L-1, L-2, M,
M-1, M-2, N, O, P, Q, R, S, T, U, V, W, X, Y and Z of Waters Edge as recorded July 19, 2010 as
Reception No. 20100041008 of the records of the Larimer County Clerk and Recorder, located in
the South Half (S1/2) of Section Thirty (30), Township Eight North (T.8N.), Range Sixty-eight
West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer,
State of Colorado.
Said described parcel of land contains 88.126 acres, more or less.
SURVEYOR’S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking, and that it is true and
correct to the best of my knowledge and belief.
___________________________________________________________
Steven Parks - on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor #38348
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
EXHIBIT A-3
Legal Description of District No. 3 Boundaries
O:\2015374-B\PROP_DESC\2015374B-D3-PARCEL.doc Page 1 of 2
WATERS’ EDGE METROPOLITAN DISTRICT NO. 3
A parcel of land, located in the Southwest Quarter (SW1/4) of Section Twenty-nine (29), Township
8 North (T.8N.), Range Sixty-Eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City
of Fort Collins, County of Larimer, State of Colorado and being more particularly described as
follows:
COMMENCING at the Southwest corner of said Section 29 and assuming the West line of Section
29 as bearing North 00°28’06” East being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/2011, a distance of 2638.33 feet and with all
other bearings contained herein relative thereto;
THENCE North 00°28’06” East along said West line a distance of 1705.41 feet to the extension of
centerline of Morningstar Way;
THENCE South 89°31’52” East along said extension a distance of 30.00 feet to the East Right-of-
Way line of Turnberry Road;
THENCE continuing along said extension South 89°31’52” East a distance of 24.00 feet to the
POINT OF BEGINNING;
THENCE South 89°31’52” East a distance of 50.00 feet;
THENCE South 00°28’06” West a distance of 50.00 feet;
THENCE North 89°31’52” West a distance of 50.00 feet;
THENCE North 00°28’06” East a distance of 50.00 feet
to the POINT OF BEGINNING;
Said described parcel of land contains 2,500 Square Feet or 0.057 Acres, more or less (±).
SURVEYOR’S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking, and that it is true and
correct to the best of my knowledge and belief.
___________________________________________________________
Steven Parks - on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor #38348
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
EXHIBIT A-4
Legal Description of District No. 4 Boundaries
O:\2015374-B\PROP_DESC\2015374B-D4-PARCEL.doc Page 1 of 2
WATERS’ EDGE METROPOLITAN DISTRICT NO. 4
A parcel of land, located in the Southwest Quarter (SW1/4) of Section Twenty-nine (29), Township
8 North (T.8N.), Range Sixty-Eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City
of Fort Collins, County of Larimer, State of Colorado and being more particularly described as
follows:
COMMENCING at the Southwest corner of said Section 29 and assuming the West line of Section
29 as bearing North 00°28’06” East being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/2011, a distance of 2638.33 feet and with all
other bearings contained herein relative thereto;
THENCE North 00°28’06” East along said West line a distance of 1705.41 feet to the extension of
centerline of Morningstar Way;
THENCE South 89°31’52” East along said extension a distance of 30.00 feet to the East Right-of-
Way line of Turnberry Road;
THENCE continuing along said extension South 89°31’52” East a distance of 74.00 feet to the
POINT OF BEGINNING;
THENCE North 00°28’06” East a distance of 50.00 feet;
THENCE South 89°31’52” East a distance of 50.00 feet;
THENCE South 00°28’06” West a distance of 50.00 feet;
THENCE North 89°31’52” West a distance of 50.00 feet to the POINT OF BEGINNING;
Said described parcel of land contains 2,500 Square Feet or 0.057 Acres, more or less (±).
SURVEYOR’S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking, and that it is true and
correct to the best of my knowledge and belief.
___________________________________________________________
Steven Parks - on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor #38348
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
EXHIBIT A-5
Legal Description of District No. 5 Boundaries
O:\2015374-B\PROP_DESC\2015374B-D5-PARCEL.doc Page 1 of 2
WATERS’ EDGE METROPOLITAN DISTRICT NO. 5
A parcel of land, located in the Southwest Quarter (SW1/4) of Section Twenty-nine (29), Township
8 North (T.8N.), Range Sixty-Eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City
of Fort Collins, County of Larimer, State of Colorado and being more particularly described as
follows:
COMMENCING at the Southwest corner of said Section 29 and assuming the West line of Section
29 as bearing North 00°28’06” East being a Grid Bearing of the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983/2011, a distance of 2638.33 feet and with all
other bearings contained herein relative thereto;
THENCE North 00°28’06” East along said West line a distance of 1705.41 feet to the extension of
centerline of Morningstar Way;
THENCE South 89°31’52” East along said extension a distance of 30.00 feet to the East Right-of-
Way line of Turnberry Road;
THENCE continuing along said extension South 89°31’52” East a distance of 74.00 feet to the
POINT OF BEGINNING;
THENCE South 89°31’52” East a distance of 50.00 feet;
THENCE South 00°28’06” West a distance of 50.00 feet;
THENCE North 89°31’52” West a distance of 50.00 feet;
THENCE North 00°28’06” East a distance of 50.00 feet to the POINT OF BEGINNING;
Said described parcel of land contains 2,500 Square Feet or 0.057 Acres, more or less (±).
SURVEYOR’S STATEMENT
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking, and that it is true and
correct to the best of my knowledge and belief.
___________________________________________________________
Steven Parks - on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor #38348
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
EXHIBIT B-1
District No. 1 Boundary Map
SUBJECT
PARCEL
2500 SQ.FT.
0.057 ACRES
650 E. Garden Drive | Windsor, Colorado 80550
phone: (970) 686-5011 | fax: (970) 686-5821
KING SURVEYORS
email: contact@KingSurveyors.com
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EXHIBIT B-2
District No. 2 Boundary Map
650 E. Garden Drive | Windsor, Colorado 80550
phone: (970) 686-5011 | fax: (970) 686-5821
KING SURVEYORS
email: contact@KingSurveyors.com
EXHIBIT B-3
District No. 3 Boundary Map
SUBJECT
PARCEL
2500 SQ.FT.
0.057 ACRES
650 E. Garden Drive | Windsor, Colorado 80550
phone: (970) 686-5011 | fax: (970) 686-5821
KING SURVEYORS
email: contact@KingSurveyors.com
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EXHIBIT B-4
District No. 4 Boundary Map
SUBJECT
PARCEL
2500 SQ.FT.
0.057 ACRES
650 E. Garden Drive | Windsor, Colorado 80550
phone: (970) 686-5011 | fax: (970) 686-5821
KING SURVEYORS
email: contact@KingSurveyors.com
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EXHIBIT B-5
District No. 5 Boundary Map
SUBJECT
PARCEL
2500 SQ.FT.
0.057 ACRES
650 E. Garden Drive | Windsor, Colorado 80550
phone: (970) 686-5011 | fax: (970) 686-5821
KING SURVEYORS
email: contact@KingSurveyors.com
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EXHIBIT C
Legal Description of Inclusion Area Boundaries
EXHIBIT D
Inclusion Area Boundary Map
EXHIBIT E
Vicinity Map
EXHIBIT F
Legal Description of Annexation Area Boundaries
EXHIBIT G
Annexation Area Boundary Map
EXHIBIT H
Public Improvement Cost Estimates
EXHIBIT H
INFRASTRUCTURE PRELIMINARY DEVELOPMENT PLAN
Description of Phase I Public Infrastructure and Estimated Costs
Descriptions Units Unit Type Unit Cost Total Cost Estimates
Non-Basic
Non-potable Water System
Irrigation System
Non-potable pump station 1 $585,000 $585,000
Irrigation Distribution System 1 $1,972,270 $1,972,270
Open Space Irrigation System 1 $548,230 $548,230
Total Irrigation System $3,105,500
Open Space, Parks and Recreation
Sustainability Center (composting, solar 1 $ 1,500,000 $1,500,000
farm, charging for electric mowers)
Plantings
Turfgrass Sod 185,600 sf $0.50 $92,800
Dryland Grass Seeding 769,120 sf $0.06 $46,147
Dryland Grass Seeding (buffer) 150,700 sf $0.06 $9,042
Steel Edging 10,900 lf $2.80 $30,520
Weed Barrier Fabric 203,600 sf $0.20 $40,720
Rock Mulch 203,600 sf $1.40 $285,040
Crusher Fines Paths 7,100 sf $2.25 $15,975
Plant Materials
Shade Trees 540 $375 $202,500
Ornamental Tress 691 $250 $172,750
Evergreen Trees 319 $310 $98,890
Junipers 148 $200 $29,600
Fruit Trees 232 $75 $17,400
Shrubs
Deciduous shrubs 3,750 $40 $150,000
Evergreen shrubs 609 $50 $30,450
Ornamental grass (5 gal) 2,433 $22 $53,526
Ornamental grass (1 gal) 2,160 $15 $32,400
Boulders 35 tons $175 $6,125
Total Plantings $1,313,885
Site Furnishings
Benches 10 $1,000 $10,000
Open Space Arbor 12 $2,500 $30,000
Patio with Fire Pit 2 $4,500 $9,000
Patio w/fountain 2 $5,000 $10,000
Median Arbor 2 $2,500 $5,000
Arbor Structure and Seat Wall 4 $6,000 $24,000
EXHIBIT H
INFRASTRUCTURE PRELIMINARY DEVELOPMENT PLAN
Description of Phase I Public Infrastructure and Estimated Costs
Total Site Furnishings $88,000
Top Soil, Fine Grading & Prep
Soil prep for seed and sod areas 389,200 sf $0.16 $62,272
Soil prep for dryland seed 688,510 sf $0.13 $89,506
Total Soil Prep $151,778
Masonry
Neighbor Entry Columns 12 $3,500 $42,000
Primary Entry Monument 1 $24,000 $24,000
Sculpture 1 $60,000 $60,000
Total Masonry $126,000
Less 1/2 of Plantings, Site Furnishings, ($839,832)
Top Soil and Masonry
Total Open Space, Parks and Recreation $2,339,832
Total Cost Estimates - Non-Basic $5,445,332
Plus allowance @18% for design, 18% 980,160
engineering, etc.
Plus Construction Management 3.40% 185,141
Contingency 20% 1,322,127
Total - Non-Basic $7,932,759
Basic
Phase 1 & 2 Lots (209 lots)
Allocation (50%) of Overlot Grading $ 752,500
General conditions, removals, erosion 1,437,151
control & earthwork
Sanitary Sewer 1,584,628
Storm Drain 1,266,319
Waterline 1,524,885
Retaining walls 1,033,982
Utility Sleeving 127,500
Concrete Flatwork 1,961,008
Base Course and Paving 2,396,827
Traffic Control 109,700
Sub-total Phases 1 & 2 $ 12,194,500
EXHIBIT H
INFRASTRUCTURE PRELIMINARY DEVELOPMENT PLAN
Description of Phase I Public Infrastructure and Estimated Costs
Phase 3 Lots (38 lots)
General conditions, removals, erosion 219,501
control & earthwork
Storm Drain 17,706
Waterline 183,890
Utility Sleeving 10,000
Concrete Flatwork 178,235
Base Course and Paving 182,568
Traffic Control 3,100
Sub-total Phase 3 $ 795,000
Phases 4 & 5 Lots (130 townhome and condo lots)
General conditions, removals, erosion 551,201
control & earthwork
Sanitary Sewer 334,441
Storm Drain 95,177
Waterline 304,626
Concrete Flatwork 410,862
Base Course and Paving 612,561
Traffic Control 35,450
Sub-total Phases 4 & 5 $ 2,344,318
Open Space, Parks and Recreation
Artisan Workshop/Inventors Center 1 $3,500,000 $3,500,000
Open Space Fencing
Rail Fence 20,580 lf $20 $411,600
Courtyard Gates 50 $600 $30,000
Total Fencing $441,600
Plus 1/2 of Plantings, Site Furnishings, $839,832
Top Soil and Masonry
Sub-total Open Space, Parks and Rec. $4,781,432
Total Cost Estimates -Basic $ 20,115,250
Plus allowance @18% for design, 18% $3,620,745
engineering, etc.
Plus Construction Management 3.40% $683,918
Contingency 20% $4,883,983
EXHIBIT H
INFRASTRUCTURE PRELIMINARY DEVELOPMENT PLAN
Description of Phase I Public Infrastructure and Estimated Costs
Total - Basic $29,303,896
Grand Total Phase I $37,236,655
EXHIBIT H
INFRASTRUCTURE PRELIMINARY DEVELOPMENT PLAN
Description of Phase II Public Infrastructure and Estimated Costs
Descriptions Units Unit Type Unit Cost Total Cost Estimates
Non-Basic
Non-potable Water System
Total Irrigation System $2,611,000
Open Space, Parks and Recreation
Senior Activities Center 1 $7,000,000 $7,000,000
Rehabilitate Windsor No 8 Ditch 1 $ 2,000,000 $2,000,000
Total Plantings $1,531,000
Total Site Furnishings $103,000
Top Soil, Fine Grading & Prep $177,000
Total Masonry $147,000
Total Retaining Walls - Open Space $542,000
Less 1/2 of Plantings, and Top Soil, (979,000)
Site Furnishings & Masonry
Total Parks and Recreation $10,521,000
Plus allowance @18% for design, 18% $ 2,363,760
engineering, etc.
Plus Construction Management 3.40% $ 446,488
Contingency 20% $ 3,188,450
Grand Total Non-Basic $ 19,130,698
* Phase II is 1.165 times larger than
Phase I so Phase II cost estimates are
calculated at 1.165 of Phase I
estimates.
EXHIBIT H
INFRASTRUCTURE PRELIMINARY DEVELOPMENT PLAN
Description of Phase II Public Infrastructure and Estimated Costs
Basic
Estimated Phase II lots (471 lots)
Allocation (50%) of Overlot Grading $ 1,693,000
General conditions, removals, erosion 3,234,000
control & earthwork
Sanitary Sewer 3,565,000
Storm Drain 2,849,000
Waterline 3,431,000
Retaining walls 2,326,000
Utility Sleeving 287,000
Concrete Flatwork 4,412,000
Base Course and Paving 5,393,000
Traffic Control 247,000
Total Open Space Fencing $514,000
Plus 1/2 of Plantings, and Top Soil, 979,000
Site Furnishings & Masonry (basic portion)
Sub-total Phase II Basic $ 28,930,000
Note: Since Phase II is not platted, cost estimates are factored in relationship to the bids for Phases 1 and 2,
in Phase I.
Plus allowance @18% for design, 18% $ 5,207,400
engineering, etc.
Plus Construction Management 3.40% $ 983,620
Contingency 20% $ 7,024,204
Total Basic - Phase II $ 42,145,224
Grand Total Phase II $ 61,275,922
* Phase II is 1.165 times larger than
Phase I so Phase II cost estimates are
calculated at 1.165 of Phase I
estimates.
Grand Total Phases I and II $ 98,512,577
EXHIBIT I
Public Improvement Maps
EXHIBIT J
Financial Plan
WATERS' EDGE METROPOLITAN DISTRICTS
1 Development Projection at 40.000 (target) Mills for Debt Service, plus fees -- Service Plan
2050
Series 2029, G.O. Bonds, Pay & Cancel Refg of (proposed) Series 2019 + New Money, Assumes Investment Grade, 100x, 30-yr. Maturity
2049
0
< < < < < < < < Residential > > > > > > > > < Platted/Developed Lots > < < < < < < < < < < Commercial > > > > > > > > > >
Mkt Value As'ed Value* As'ed Value Mkt Value As'ed Value District District District
Biennial @ 7.20% @ 29.00% Biennial @ 29.00% Total D/S Mill Levy D/S Mill Levy S.O. Taxes Total Total
Total Reasses'mt Cumulative of Market Cumulative of Market Total Comm'l Reasses'mt Cumulative of Market Assessed [40.000 Target] Collections Collected Facility Fees Available
YEAR Res'l Units @ 6.0% Market Value (2-yr lag) Market Value (2-yr lag) Sq. Ft. @ 6.0% Market Value (2-yr lag) Value [40.000 Cap] @ 98% @ 6% Collections Revenue
2016 0 0 0 0 0 $0 0
2017 0 0 0 0 0 00
2018 0 0 0 0 4,356,166 0 0 0 0 0 $0 40.000 0 0 0 0
2019 84 44,432,891 0 6,063,733 0 0 0 0 0 40.000 0 0 252,000 252,000
2020 109 2,665,973 110,185,943 0 6,063,733 1,263,288 0 0 0 0 1,263,288 40.000 49,521 2,971 342,500 394,992
2021 109 174,534,762 3,199,168 5,913,733 1,758,483 0 0 0 4,957,651 40.000 194,340 11,660 342,500 548,500
2022 108 10,472,086 249,018,996 7,933,388 5,963,733 1,758,483 0 0 0 0 9,691,870 40.000 379,921 22,795 340,000 742,717
2023 105 309,343,023 12,566,503 5,463,733 1,714,983 20,000 5,520,404 0 14,281,485 40.000 559,834 33,590 332,500 925,924
2024 105 18,560,581 389,434,112 17,929,368 5,963,733 1,729,483 0 331,224 5,851,628 0 19,658,850 40.000 770,627 46,238 332,500 1,149,365
2025 105 452,195,230 22,272,698 4,932,550 1,584,483 20,000 11,595,057 1,600,917 25,458,097 40.000 997,957 59,877 332,500 1,390,335
2026 92 27,131,714 537,119,625 28,039,256 2,582,083 1,729,483 0 695,703 12,290,760 1,696,972 31,465,711 40.000 1,233,456 74,007 284,250 1,591,713
2027 31 559,014,713 32,558,057 0 1,430,439 30,000 21,253,954 3,362,566 37,351,062 40.000 1,464,162 87,850 77,500 1,629,511
2028 0 33,540,883 592,555,596 38,672,613 0 748,804 0 1,275,237 22,529,192 3,564,320 42,985,737 40.000 1,685,041 101,102 0 1,786,143
2029 0 592,555,596 40,249,059 0 0 0 22,529,192 6,163,647 46,412,706 40.000 1,819,378 109,163 0 1,928,541
2030 0 35,553,336 628,108,932 42,664,003 0 0 0 1,351,751 23,880,943 6,533,466 49,197,468 40.000 1,928,541 115,712 0 2,044,253
2031 0 628,108,932 42,664,003 0 0 0 23,880,943 6,533,466 49,197,468 40.000 1,928,541 115,712 0 2,044,253
2032 0 37,686,536 665,795,468 45,223,843 0 0 0 1,432,857 25,313,800 6,925,473 52,149,317 40.000 2,044,253 122,655 0 2,166,908
2033 0 665,795,468 45,223,843 0 0 0 25,313,800 6,925,473 52,149,317 40.000 2,044,253 122,655 0 2,166,908
2034 0 39,947,728 705,743,196 47,937,274 0 0 0 1,518,828 26,832,628 7,341,002 55,278,276 40.000 2,166,908 130,015 0 2,296,923
2035 0 705,743,196 47,937,274 0 0 0 26,832,628 7,341,002 55,278,276 40.000 2,166,908 130,015 0 2,296,923
2036 0 42,344,592 748,087,787 50,813,510 0 0 0 1,609,958 28,442,585 7,781,462 58,594,972 40.000 2,296,923 137,815 0 2,434,738
2037 748,087,787 50,813,510 0 28,442,585 7,781,462 58,594,972 40.000 2,296,923 137,815 2,434,738
2038 44,885,267 792,973,055 53,862,321 0 1,706,555 30,149,140 8,248,350 62,110,670 40.000 2,434,738 146,084 2,580,823
2039 792,973,055 53,862,321 0 30,149,140 8,248,350 62,110,670 40.000 2,434,738 146,084 2,580,823
2040 47,578,383 840,551,438 57,094,060 0 1,808,948 31,958,089 8,743,251 65,837,311 40.000 2,580,823 154,849 2,735,672
2041 840,551,438 57,094,060 0 31,958,089 8,743,251 65,837,311 40.000 2,580,823 154,849 2,735,672
2042 50,433,086 890,984,524 60,519,704 0 1,917,485 33,875,574 9,267,846 69,787,549 40.000 2,735,672 164,140 2,899,812
2043 890,984,524 60,519,704 0 33,875,574 9,267,846 69,787,549 40.000 2,735,672 164,140 2,899,812
2044 53,459,071 944,443,596 64,150,886 0 2,032,534 35,908,109 9,823,916 73,974,802 40.000 2,899,812 173,989 3,073,801
2045 944,443,596 64,150,886 0 35,908,109 9,823,916 73,974,802 40.000 2,899,812 173,989 3,073,801
2046 56,666,616 1,001,110,211 67,999,939 0 2,154,487 38,062,595 10,413,351 78,413,290 40.000 3,073,801 184,428 3,258,229
2047 1,001,110,211 67,999,939 0 38,062,595 10,413,351 78,413,290 40.000 3,073,801 184,428 3,258,229
2048 60,066,613 1,061,176,824 72,079,935 0 2,283,756 40,346,351 11,038,153 83,118,088 40.000 3,258,229 195,494 3,453,723
2049 1,061,176,824 72,079,935 0 40,346,351 11,038,153 83,118,088 40.000 3,258,229 195,494 3,453,723
2050 63,670,609 1,124,847,433 76,404,731 0 2,420,781 42,767,132 11,700,442 88,105,173 40.000 3,453,723 207,223 3,660,946
2051 1,124,847,433 76,404,731 0 42,767,132 11,700,442 88,105,173 40.000 3,453,723 207,223 3,660,946
2052 67,490,846 1,192,338,280 80,989,015 0 2,566,028 45,333,160 12,402,468 93,391,483 40.000 3,660,946 219,657 3,880,603
2053 1,192,338,280 80,989,015 45,333,160 12,402,468 93,391,483 40.000 3,660,946 219,657 3,880,603
2054 71,540,297 1,263,878,576 85,848,356 2,719,990 48,053,149 13,146,616 98,994,972 40.000 3,880,603 232,836 4,113,439
2055 1,263,878,576 85,848,356 48,053,149 13,146,616 98,994,972 40.000 3,880,603 232,836 4,113,439
2056 75,832,715 1,339,711,291 90,999,257 2,883,189 50,936,338 13,935,413 104,934,671 40.000 4,113,439 246,806 4,360,245
2057 1,339,711,291 90,999,257 50,936,338 13,935,413 104,934,671 40.000 4,113,439 246,806 4,360,245
2058 80,382,677 1,420,093,968 96,459,213 3,056,180 53,992,518 14,771,538 111,230,751 40.000 4,360,245 261,615 4,621,860
2059 1,420,093,968 96,459,213 53,992,518 14,771,538 111,230,751 40.000 4,360,245 261,615 4,621,860
______ __________ __________ __________ __________ __________ __________ __________
848 919,909,610 70,000 33,765,492 98,931,551 5,935,893 2,636,250 107,503,694
[*] RAR @ 7.96% thru 2017
7/30/2018 F WEMD Fin Plan 18 NR SP Fin Plan1+2029 IG Refg
Prepared by D.A.Davidson & Co.
1
2050
2049
0
YEAR
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054
2055
2056
2057
2058
2059
WATERS' EDGE METROPOLITAN DISTRICTS
Development Projection at 40.000 (target) Mills for Debt Service, plus fees -- Service Plan
Series 2029, G.O. Bonds, Pay & Cancel Refg of (proposed) Series 2019 + New Money, Assumes Investment Grade, 100x, 30-yr. Maturity
Series 2019 Ser. 2029
$33,535,000 Par $50,330,000 Par Surplus Senior Senior Cov. of Net DS: Cov. of Net DS:
[Net $24.449 MM] [Net $19.204 MM] Total Annual Release @ Cumulative Debt/ Debt/ @ 40.000 Target @ 40.000 Cap
Net Available Net Debt Net Debt Net Debt Funds on Hand* Surplus 50% D/A Surplus Assessed Act'l Value & 0.0 U.R.A. Mills & 0.0 U.R.A. Mills
for Debt Svc Service Service Service Used as Source to $5,033,000 $5,033,000 Target Ratio Ratio & Sales PIF Revs & Sales PIF Revs
0 n/a
0 n/a 0 n/a n/a 0.0% 0.0%
0 n/a 0 n/a n/a 0.0% 0.0%
1
2050
2049
0
YEAR
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054
2055
2056
2057
2058
2059
WATERS' EDGE METROPOLITAN DISTRICTS
Operations Revenue and Expense Projection
Total Total S.O. Tax Total
Assessed Oper'ns Collections Collections Available Total
Value Mill Levy @ 98% @ 98% For O&M Mills
0 10.000 0 0 0 50.000
0 10.000 0 0 0 50.000
1,263,288 10.000 12,380 12,133 24,513 50.000
4,957,651 10.000 48,585 47,613 96,198 50.000
9,691,870 10.000 94,980 93,081 188,061 50.000
14,281,485 10.000 139,959 137,159 277,118 50.000
WATERS' EDGE METROPOLITAN DISTRICTS
Development Summary
Development Projection -- Buildout Plan (updated 7/30/18)
Residential Development Commercial Development
Product Type
Estate
Custom Water
Front
Courtyard Ranch
Standard Ranch -
2 car
Standard Ranch -
3 Car
Large Active
Adult Patio
Townhome Condominium Comm'l Prop.
Base $ ('18) $1,125,000 $1,500,000 $459,333 $536,250 $608,333 $730,000 $408,750 $340,667 $250/sf
Res'l Totals Comm'l Totals
2016 - - - - - - - - - - -
2017 - - - - - - - - - - -
2018 - - - - - - - - - - -
2019 - - 15 24 11 10 24 - 84 - -
2020 5 4 15 24 11 10 24 16 109 - -
2021 5 4 15 24 11 10 24 16 109 - -
2022 5 3 15 24 11 10 24 16 108 - -
2023 5 - 15 24 11 10 24 16 105 20,000 20,000
2024 5 - 15 24 11 10 24 16 105 - -
2025 5 - 15 24 11 10 24 16 105 20,000 20,000
2026 5 - 11 24 11 10 18 13 92 - -
2027 1 - - 18 10 2 - - 31 30,000 30,000
2028 - - - - - - - - - - -
2029 - - - - - - - - - - -
2030 - - - - - - - - - - -
2031 - - - - - - - - - - -
2032 - - - - - - - - - - -
2033 - - - - - - - - - - -
2034 - - - - - - - - - - -
2035 - - - - - - - - - - -
2036 - - - - - - - - - - -
36 11 116 210 98 82 186 109 848 70,000 70,000
MV @ Full Buildout $40,500,000 $16,500,000 $53,282,628 $112,612,500 $59,616,634 $59,860,000 $76,027,500 $37,132,703 $455,531,965 $17,500,000 $17,500,000
(base prices;un-infl.)
notes:
Platted/Dev Lots = 10% MV; one-yr prior
Base MV $ inflated 2% per annum
Res'l Fac. Fees: SFD @ $2,500/SFD, $1,750/SFA
7/30/2018 F WEMD Fin Plan 18 Dev Summ Prepared by D.A. Davidson & Co.
4
Jul 30, 2018 11:09 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-19NRSPF1)
SOURCES AND USES OF FUNDS
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION BONDS, SERIES 2019
40.000 (target) Mills
Non-Rated, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
[ Preliminary -- for discussion only ]
Dated Date 12/01/2019
Delivery Date 12/01/2019
Sources:
Bond Proceeds:
Par Amount 33,535,000.00
33,535,000.00
Uses:
Project Fund Deposits:
Project Fund 24,449,310.42
Other Fund Deposits:
Capitalized Interest Fund 5,030,250.00
Debt Service Reserve Fund 3,084,739.58
8,114,989.58
Cost of Issuance:
Other Cost of Issuance 300,000.00
Delivery Date Expenses:
Underwriter's Discount 670,700.00
33,535,000.00
5
Jul 30, 2018 11:09 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-19NRSPF1)
BOND SUMMARY STATISTICS
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION BONDS, SERIES 2019
40.000 (target) Mills
Non-Rated, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
[ Preliminary -- for discussion only ]
Dated Date 12/01/2019
Delivery Date 12/01/2019
First Coupon 06/01/2020
Last Maturity 12/01/2049
Arbitrage Yield 5.000000%
True Interest Cost (TIC) 5.148087%
Net Interest Cost (NIC) 5.000000%
All-In TIC 5.215746%
Average Coupon 5.000000%
Average Life (years) 24.153
Weighted Average Maturity (years) 24.153
Duration of Issue (years) 13.931
Par Amount 33,535,000.00
Bond Proceeds 33,535,000.00
Total Interest 40,498,750.00
Net Interest 41,169,450.00
Bond Years from Dated Date 809,975,000.00
Bond Years from Delivery Date 809,975,000.00
Total Debt Service 74,033,750.00
Maximum Annual Debt Service 6,536,250.00
Average Annual Debt Service 2,467,791.67
Underwriter's Fees (per $1000)
Average Takedown
Other Fee 20.000000
Total Underwriter's Discount 20.000000
Bid Price 98.000000
Average
Par Average Average Maturity PV of 1 bp
Bond Component Value Price Coupon Life Date change
Term Bond due 2049 33,535,000.00 100.000 5.000% 24.153 01/25/2044 51,979.25
33,535,000.00 24.153 51,979.25
All-In Arbitrage
TIC TIC Yield
Par Value 33,535,000.00 33,535,000.00 33,535,000.00
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount -670,700.00 -670,700.00
- Cost of Issuance Expense -300,000.00
- Other Amounts
Target Value 32,864,300.00 32,564,300.00 33,535,000.00
Target Date 12/01/2019 12/01/2019 12/01/2019
Yield 5.148087% 5.215746% 5.000000%
6
Jul 30, 2018 11:09 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-19NRSPF1)
BOND DEBT SERVICE
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION BONDS, SERIES 2019
40.000 (target) Mills
Non-Rated, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
[ Preliminary -- for discussion only ]
Annual
Period Debt Debt
Ending Principal Coupon Interest Service Service
06/01/2020 838,375 838,375
12/01/2020 838,375 838,375 1,676,750
06/01/2021 838,375 838,375
12/01/2021 838,375 838,375 1,676,750
06/01/2022 838,375 838,375
12/01/2022 838,375 838,375 1,676,750
06/01/2023 838,375 838,375
12/01/2023 838,375 838,375 1,676,750
06/01/2024 838,375 838,375
12/01/2024 838,375 838,375 1,676,750
06/01/2025 838,375 838,375
12/01/2025 838,375 838,375 1,676,750
06/01/2026 838,375 838,375
12/01/2026 838,375 838,375 1,676,750
06/01/2027 838,375 838,375
12/01/2027 838,375 838,375 1,676,750
06/01/2028 838,375 838,375
12/01/2028 105,000 5.000% 838,375 943,375 1,781,750
06/01/2029 835,750 835,750
12/01/2029 255,000 5.000% 835,750 1,090,750 1,926,500
06/01/2030 829,375 829,375
12/01/2030 385,000 5.000% 829,375 1,214,375 2,043,750
06/01/2031 819,750 819,750
12/01/2031 400,000 5.000% 819,750 1,219,750 2,039,500
06/01/2032 809,750 809,750
12/01/2032 545,000 5.000% 809,750 1,354,750 2,164,500
06/01/2033 796,125 796,125
12/01/2033 570,000 5.000% 796,125 1,366,125 2,162,250
06/01/2034 781,875 781,875
12/01/2034 730,000 5.000% 781,875 1,511,875 2,293,750
06/01/2035 763,625 763,625
12/01/2035 765,000 5.000% 763,625 1,528,625 2,292,250
06/01/2036 744,500 744,500
12/01/2036 945,000 5.000% 744,500 1,689,500 2,434,000
06/01/2037 720,875 720,875
12/01/2037 990,000 5.000% 720,875 1,710,875 2,431,750
06/01/2038 696,125 696,125
12/01/2038 1,185,000 5.000% 696,125 1,881,125 2,577,250
06/01/2039 666,500 666,500
12/01/2039 1,245,000 5.000% 666,500 1,911,500 2,578,000
06/01/2040 635,375 635,375
12/01/2040 1,460,000 5.000% 635,375 2,095,375 2,730,750
06/01/2041 598,875 598,875
12/01/2041 1,535,000 5.000% 598,875 2,133,875 2,732,750
06/01/2042 560,500 560,500
12/01/2042 1,775,000 5.000% 560,500 2,335,500 2,896,000
06/01/2043 516,125 516,125
12/01/2043 1,865,000 5.000% 516,125 2,381,125 2,897,250
06/01/2044 469,500 469,500
Jul 30, 2018 11:09 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-19NRSPF1)
NET DEBT SERVICE
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION BONDS, SERIES 2019
40.000 (target) Mills
Non-Rated, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
[ Preliminary -- for discussion only ]
Capitalized
Period Total Debt Service Interest Net
Ending Principal Interest Debt Service Reserve Fund Fund Debt Service
12/01/2020 1,676,750 1,676,750 1,676,750
12/01/2021 1,676,750 1,676,750 1,676,750
12/01/2022 1,676,750 1,676,750 1,676,750
12/01/2023 1,676,750 1,676,750 1,676,750.00
12/01/2024 1,676,750 1,676,750 1,676,750.00
12/01/2025 1,676,750 1,676,750 1,676,750.00
12/01/2026 1,676,750 1,676,750 1,676,750.00
12/01/2027 1,676,750 1,676,750 1,676,750.00
12/01/2028 105,000 1,676,750 1,781,750 1,781,750.00
12/01/2029 255,000 1,671,500 1,926,500 1,926,500.00
12/01/2030 385,000 1,658,750 2,043,750 2,043,750.00
12/01/2031 400,000 1,639,500 2,039,500 2,039,500.00
12/01/2032 545,000 1,619,500 2,164,500 2,164,500.00
12/01/2033 570,000 1,592,250 2,162,250 2,162,250.00
12/01/2034 730,000 1,563,750 2,293,750 2,293,750.00
12/01/2035 765,000 1,527,250 2,292,250 2,292,250.00
12/01/2036 945,000 1,489,000 2,434,000 2,434,000.00
12/01/2037 990,000 1,441,750 2,431,750 2,431,750.00
12/01/2038 1,185,000 1,392,250 2,577,250 2,577,250.00
12/01/2039 1,245,000 1,333,000 2,578,000 2,578,000.00
12/01/2040 1,460,000 1,270,750 2,730,750 2,730,750.00
12/01/2041 1,535,000 1,197,750 2,732,750 2,732,750.00
12/01/2042 1,775,000 1,121,000 2,896,000 2,896,000.00
12/01/2043 1,865,000 1,032,250 2,897,250 2,897,250.00
12/01/2044 2,130,000 939,000 3,069,000 3,069,000.00
12/01/2045 2,240,000 832,500 3,072,500 3,072,500.00
12/01/2046 2,535,000 720,500 3,255,500 3,255,500.00
12/01/2047 2,660,000 593,750 3,253,750 3,253,750.00
12/01/2048 2,990,000 460,750 3,450,750 3,450,750.00
12/01/2049 6,225,000 311,250 6,536,250 3,084,739.58 3,451,510.42
33,535,000 40,498,750 74,033,750 3,084,739.58 5,030,250 65,918,760.42
8
Jul 30, 2018 11:09 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-19NRSPF1)
BOND SOLUTION
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION BONDS, SERIES 2019
40.000 (target) Mills
Non-Rated, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6.00% Bi-Reassessment Projections)
[ Preliminary -- for discussion only ]
Period Proposed Proposed Debt Service Total Adj Revenue Unused Debt Serv
Ending Principal Debt Service Adjustments Debt Service Constraints Revenues Coverage
12/01/2020 1,676,750 -1,676,750 52,492 52,492
12/01/2021 1,676,750 -1,676,750 206,000 206,000
12/01/2022 1,676,750 -1,676,750 402,717 402,717
12/01/2023 1,676,750 1,676,750 593,424 -1,083,326 35.39134%
12/01/2024 1,676,750 1,676,750 816,865 -859,885 48.71713%
12/01/2025 1,676,750 1,676,750 1,057,835 -618,915 63.08841%
12/01/2026 1,676,750 1,676,750 1,307,463 -369,287 77.97604%
12/01/2027 1,676,750 1,676,750 1,552,011 -124,739 92.56069%
12/01/2028 105,000 1,781,750 1,781,750 1,786,143 4,393 100.24658%
12/01/2029 255,000 1,926,500 1,926,500 1,928,541 2,041 100.10593%
12/01/2030 385,000 2,043,750 2,043,750 2,044,253 503 100.02462%
12/01/2031 400,000 2,039,500 2,039,500 2,044,253 4,753 100.23306%
12/01/2032 545,000 2,164,500 2,164,500 2,166,908 2,408 100.11127%
12/01/2033 570,000 2,162,250 2,162,250 2,166,908 4,658 100.21544%
12/01/2034 730,000 2,293,750 2,293,750 2,296,923 3,173 100.13833%
12/01/2035 765,000 2,292,250 2,292,250 2,296,923 4,673 100.20386%
12/01/2036 945,000 2,434,000 2,434,000 2,434,738 738 100.03033%
12/01/2037 990,000 2,431,750 2,431,750 2,434,738 2,988 100.12289%
12/01/2038 1,185,000 2,577,250 2,577,250 2,580,823 3,573 100.13862%
12/01/2039 1,245,000 2,578,000 2,578,000 2,580,823 2,823 100.10949%
12/01/2040 1,460,000 2,730,750 2,730,750 2,735,672 4,922 100.18024%
12/01/2041 1,535,000 2,732,750 2,732,750 2,735,672 2,922 100.10692%
12/01/2042 1,775,000 2,896,000 2,896,000 2,899,812 3,812 100.13164%
12/01/2043 1,865,000 2,897,250 2,897,250 2,899,812 2,562 100.08844%
12/01/2044 2,130,000 3,069,000 3,069,000 3,073,801 4,801 100.15643%
12/01/2045 2,240,000 3,072,500 3,072,500 3,073,801 1,301 100.04234%
12/01/2046 2,535,000 3,255,500 3,255,500 3,258,229 2,729 100.08383%
12/01/2047 2,660,000 3,253,750 3,253,750 3,258,229 4,479 100.13766%
12/01/2048 2,990,000 3,450,750 3,450,750 3,453,723 2,973 100.08615%
12/01/2049 6,225,000 6,536,250 -3,084,740 3,451,510 3,453,723 2,212 100.06410%
33,535,000 74,033,750 -8,114,990 65,918,760 63,593,256 -2,325,504
9
Jul 30, 2018 11:12 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-29IG19F1,29IG19F1)
SOURCES AND USES OF FUNDS
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2029
Pay & Cancel Refunding of (proposed) Series 2019 + New Money
40.000 (target) Mills
Assumes Investment Grade, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections)
[ Preliminary -- for discsussion only ]
Dated Date 12/01/2029
Delivery Date 12/01/2029
Sources:
Bond Proceeds:
Par Amount 50,330,000.00
Other Sources of Funds:
Funds on Hand* 245,000.00
Series 2019 - DSRF 3,084,740.00
3,329,740.00
53,659,740.00
Uses:
Project Fund Deposits:
Project Fund 19,203,715.00
Refunding Escrow Deposits:
Cash Deposit* 34,004,375.00
Cost of Issuance:
Other Cost of Issuance 200,000.00
Delivery Date Expenses:
Underwriter's Discount 251,650.00
53,659,740.00
[*] Estimated balances, (tbd).
10
Jul 30, 2018 11:12 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-29IG19F1,29IG19F1)
BOND SUMMARY STATISTICS
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2029
Pay & Cancel Refunding of (proposed) Series 2019 + New Money
40.000 (target) Mills
Assumes Investment Grade, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections)
[ Preliminary -- for discsussion only ]
Dated Date 12/01/2029
Delivery Date 12/01/2029
First Coupon 06/01/2030
Last Maturity 12/01/2059
Arbitrage Yield 4.000000%
True Interest Cost (TIC) 4.035174%
Net Interest Cost (NIC) 4.000000%
All-In TIC 4.063305%
Average Coupon 4.000000%
Average Life (years) 22.210
Weighted Average Maturity (years) 22.210
Duration of Issue (years) 14.524
Par Amount 50,330,000.00
Bond Proceeds 50,330,000.00
Total Interest 44,712,600.00
Net Interest 44,964,250.00
Bond Years from Dated Date 1,117,815,000.00
Bond Years from Delivery Date 1,117,815,000.00
Total Debt Service 95,042,600.00
Maximum Annual Debt Service 4,618,400.00
Average Annual Debt Service 3,168,086.67
Underwriter's Fees (per $1000)
Average Takedown
Other Fee 5.000000
Total Underwriter's Discount 5.000000
Bid Price 99.500000
Average
Par Average Average Maturity PV of 1 bp
Bond Component Value Price Coupon Life Date change
Term Bond due 2059 50,330,000.00 100.000 4.000% 22.210 02/16/2052 87,574.20
50,330,000.00 22.210 87,574.20
All-In Arbitrage
TIC TIC Yield
Par Value 50,330,000.00 50,330,000.00 50,330,000.00
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount -251,650.00 -251,650.00
- Cost of Issuance Expense -200,000.00
- Other Amounts
Target Value 50,078,350.00 49,878,350.00 50,330,000.00
Target Date 12/01/2029 12/01/2029 12/01/2029
Yield 4.035174% 4.063305% 4.000000%
11
Jul 30, 2018 11:12 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-29IG19F1,29IG19F1)
BOND DEBT SERVICE
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2029
Pay & Cancel Refunding of (proposed) Series 2019 + New Money
40.000 (target) Mills
Assumes Investment Grade, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections)
[ Preliminary -- for discsussion only ]
Annual
Period Debt Debt
Ending Principal Coupon Interest Service Service
06/01/2030 1,006,600 1,006,600
12/01/2030 1,006,600 1,006,600 2,013,200
06/01/2031 1,006,600 1,006,600
12/01/2031 30,000 4.000% 1,006,600 1,036,600 2,043,200
06/01/2032 1,006,000 1,006,000
12/01/2032 150,000 4.000% 1,006,000 1,156,000 2,162,000
06/01/2033 1,003,000 1,003,000
12/01/2033 160,000 4.000% 1,003,000 1,163,000 2,166,000
06/01/2034 999,800 999,800
12/01/2034 295,000 4.000% 999,800 1,294,800 2,294,600
06/01/2035 993,900 993,900
12/01/2035 305,000 4.000% 993,900 1,298,900 2,292,800
06/01/2036 987,800 987,800
12/01/2036 455,000 4.000% 987,800 1,442,800 2,430,600
06/01/2037 978,700 978,700
12/01/2037 475,000 4.000% 978,700 1,453,700 2,432,400
06/01/2038 969,200 969,200
12/01/2038 640,000 4.000% 969,200 1,609,200 2,578,400
06/01/2039 956,400 956,400
12/01/2039 665,000 4.000% 956,400 1,621,400 2,577,800
06/01/2040 943,100 943,100
12/01/2040 845,000 4.000% 943,100 1,788,100 2,731,200
06/01/2041 926,200 926,200
12/01/2041 880,000 4.000% 926,200 1,806,200 2,732,400
06/01/2042 908,600 908,600
12/01/2042 1,080,000 4.000% 908,600 1,988,600 2,897,200
06/01/2043 887,000 887,000
12/01/2043 1,125,000 4.000% 887,000 2,012,000 2,899,000
06/01/2044 864,500 864,500
12/01/2044 1,340,000 4.000% 864,500 2,204,500 3,069,000
06/01/2045 837,700 837,700
12/01/2045 1,395,000 4.000% 837,700 2,232,700 3,070,400
06/01/2046 809,800 809,800
12/01/2046 1,635,000 4.000% 809,800 2,444,800 3,254,600
06/01/2047 777,100 777,100
12/01/2047 1,700,000 4.000% 777,100 2,477,100 3,254,200
06/01/2048 743,100 743,100
12/01/2048 1,965,000 4.000% 743,100 2,708,100 3,451,200
06/01/2049 703,800 703,800
12/01/2049 2,045,000 4.000% 703,800 2,748,800 3,452,600
06/01/2050 662,900 662,900
12/01/2050 2,330,000 4.000% 662,900 2,992,900 3,655,800
06/01/2051 616,300 616,300
12/01/2051 2,425,000 4.000% 616,300 3,041,300 3,657,600
06/01/2052 567,800 567,800
12/01/2052 2,745,000 4.000% 567,800 3,312,800 3,880,600
06/01/2053 512,900 512,900
12/01/2053 2,850,000 4.000% 512,900 3,362,900 3,875,800
Jul 30, 2018 11:12 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-29IG19F1,29IG19F1)
NET DEBT SERVICE
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2029
Pay & Cancel Refunding of (proposed) Series 2019 + New Money
40.000 (target) Mills
Assumes Investment Grade, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections)
[ Preliminary -- for discsussion only ]
Period Total Net
Ending Principal Interest Debt Service Debt Service
12/01/2030 2,013,200 2,013,200 2,013,200
12/01/2031 30,000 2,013,200 2,043,200 2,043,200
12/01/2032 150,000 2,012,000 2,162,000 2,162,000
12/01/2033 160,000 2,006,000 2,166,000 2,166,000
12/01/2034 295,000 1,999,600 2,294,600 2,294,600
12/01/2035 305,000 1,987,800 2,292,800 2,292,800
12/01/2036 455,000 1,975,600 2,430,600 2,430,600
12/01/2037 475,000 1,957,400 2,432,400 2,432,400
12/01/2038 640,000 1,938,400 2,578,400 2,578,400
12/01/2039 665,000 1,912,800 2,577,800 2,577,800
12/01/2040 845,000 1,886,200 2,731,200 2,731,200
12/01/2041 880,000 1,852,400 2,732,400 2,732,400
12/01/2042 1,080,000 1,817,200 2,897,200 2,897,200
12/01/2043 1,125,000 1,774,000 2,899,000 2,899,000
12/01/2044 1,340,000 1,729,000 3,069,000 3,069,000
12/01/2045 1,395,000 1,675,400 3,070,400 3,070,400
12/01/2046 1,635,000 1,619,600 3,254,600 3,254,600
12/01/2047 1,700,000 1,554,200 3,254,200 3,254,200
12/01/2048 1,965,000 1,486,200 3,451,200 3,451,200
12/01/2049 2,045,000 1,407,600 3,452,600 3,452,600
12/01/2050 2,330,000 1,325,800 3,655,800 3,655,800
12/01/2051 2,425,000 1,232,600 3,657,600 3,657,600
12/01/2052 2,745,000 1,135,600 3,880,600 3,880,600
12/01/2053 2,850,000 1,025,800 3,875,800 3,875,800
12/01/2054 3,200,000 911,800 4,111,800 4,111,800
12/01/2055 3,325,000 783,800 4,108,800 4,108,800
12/01/2056 3,705,000 650,800 4,355,800 4,355,800
12/01/2057 3,855,000 502,600 4,357,600 4,357,600
12/01/2058 4,270,000 348,400 4,618,400 4,618,400
12/01/2059 4,440,000 177,600 4,617,600 4,617,600
50,330,000 44,712,600 95,042,600 95,042,600
13
Jul 30, 2018 11:12 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-29IG19F1,29IG19F1)
SUMMARY OF BONDS REFUNDED
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2029
Pay & Cancel Refunding of (proposed) Series 2019 + New Money
40.000 (target) Mills
Assumes Investment Grade, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections)
[ Preliminary -- for discsussion only ]
Maturity Interest Par Call Call
Bond Date Rate Amount Date Price
7/30/18: Ser 19 NR SP, 5.00%, 100x, 40mls, FG+6% BiRE:
TERM49 12/01/2030 5.000% 385,000.00 12/01/2029 100.000
12/01/2031 5.000% 400,000.00 12/01/2029 100.000
12/01/2032 5.000% 545,000.00 12/01/2029 100.000
12/01/2033 5.000% 570,000.00 12/01/2029 100.000
12/01/2034 5.000% 730,000.00 12/01/2029 100.000
12/01/2035 5.000% 765,000.00 12/01/2029 100.000
12/01/2036 5.000% 945,000.00 12/01/2029 100.000
12/01/2037 5.000% 990,000.00 12/01/2029 100.000
12/01/2038 5.000% 1,185,000.00 12/01/2029 100.000
12/01/2039 5.000% 1,245,000.00 12/01/2029 100.000
12/01/2040 5.000% 1,460,000.00 12/01/2029 100.000
12/01/2041 5.000% 1,535,000.00 12/01/2029 100.000
12/01/2042 5.000% 1,775,000.00 12/01/2029 100.000
12/01/2043 5.000% 1,865,000.00 12/01/2029 100.000
12/01/2044 5.000% 2,130,000.00 12/01/2029 100.000
12/01/2045 5.000% 2,240,000.00 12/01/2029 100.000
12/01/2046 5.000% 2,535,000.00 12/01/2029 100.000
12/01/2047 5.000% 2,660,000.00 12/01/2029 100.000
12/01/2048 5.000% 2,990,000.00 12/01/2029 100.000
12/01/2049 5.000% 6,225,000.00 12/01/2029 100.000
33,175,000.00
14
Jul 30, 2018 11:12 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-29IG19F1,29IG19F1)
ESCROW REQUIREMENTS
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2029
Pay & Cancel Refunding of (proposed) Series 2019 + New Money
40.000 (target) Mills
Assumes Investment Grade, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections)
[ Preliminary -- for discsussion only ]
Dated Date 12/01/2029
Delivery Date 12/01/2029
7/30/18: Ser 19 NR SP, 5.00%, 100x, 40mls, FG+6% BiRE
Period Principal
Ending Interest Redeemed Total
12/01/2029 829,375.00 33,175,000.00 34,004,375.00
829,375.00 33,175,000.00 34,004,375.00
15
Jul 30, 2018 11:12 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-29IG19F1,29IG19F1)
PRIOR BOND DEBT SERVICE
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2029
Pay & Cancel Refunding of (proposed) Series 2019 + New Money
40.000 (target) Mills
Assumes Investment Grade, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections)
[ Preliminary -- for discsussion only ]
Annual
Period Debt Debt
Ending Principal Coupon Interest Service Service
12/01/2029 829,375 829,375
06/01/2030 829,375 829,375
12/01/2030 385,000 5.000% 829,375 1,214,375 2,873,125
06/01/2031 819,750 819,750
12/01/2031 400,000 5.000% 819,750 1,219,750 2,039,500
06/01/2032 809,750 809,750
12/01/2032 545,000 5.000% 809,750 1,354,750 2,164,500
06/01/2033 796,125 796,125
12/01/2033 570,000 5.000% 796,125 1,366,125 2,162,250
06/01/2034 781,875 781,875
12/01/2034 730,000 5.000% 781,875 1,511,875 2,293,750
06/01/2035 763,625 763,625
12/01/2035 765,000 5.000% 763,625 1,528,625 2,292,250
06/01/2036 744,500 744,500
12/01/2036 945,000 5.000% 744,500 1,689,500 2,434,000
06/01/2037 720,875 720,875
12/01/2037 990,000 5.000% 720,875 1,710,875 2,431,750
06/01/2038 696,125 696,125
12/01/2038 1,185,000 5.000% 696,125 1,881,125 2,577,250
06/01/2039 666,500 666,500
12/01/2039 1,245,000 5.000% 666,500 1,911,500 2,578,000
06/01/2040 635,375 635,375
12/01/2040 1,460,000 5.000% 635,375 2,095,375 2,730,750
06/01/2041 598,875 598,875
12/01/2041 1,535,000 5.000% 598,875 2,133,875 2,732,750
06/01/2042 560,500 560,500
12/01/2042 1,775,000 5.000% 560,500 2,335,500 2,896,000
06/01/2043 516,125 516,125
12/01/2043 1,865,000 5.000% 516,125 2,381,125 2,897,250
06/01/2044 469,500 469,500
12/01/2044 2,130,000 5.000% 469,500 2,599,500 3,069,000
06/01/2045 416,250 416,250
12/01/2045 2,240,000 5.000% 416,250 2,656,250 3,072,500
06/01/2046 360,250 360,250
12/01/2046 2,535,000 5.000% 360,250 2,895,250 3,255,500
06/01/2047 296,875 296,875
12/01/2047 2,660,000 5.000% 296,875 2,956,875 3,253,750
06/01/2048 230,375 230,375
12/01/2048 2,990,000 5.000% 230,375 3,220,375 3,450,750
06/01/2049 155,625 155,625
12/01/2049 6,225,000 5.000% 155,625 6,380,625 6,536,250
33,175,000 24,565,875 57,740,875 57,740,875
16
Jul 30, 2018 11:12 am Prepared by D.A, Davidson & Co Quantitative Group~PM (Water's Edge MD 17:FJUL3018-29IG19F1,29IG19F1)
BOND SOLUTION
WATER'S EDGE METROPOLITAN DISTRICT
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2029
Pay & Cancel Refunding of (proposed) Series 2019 + New Money
40.000 (target) Mills
Assumes Investment Grade, 100x, 30-yr. Maturity
(SERVICE PLAN: Full Growth + 6% Bi-Reassessment Projections)
[ Preliminary -- for discsussion only ]
Period Proposed Proposed Total Adj Revenue Unused Debt Serv
Ending Principal Debt Service Debt Service Constraints Revenues Coverage
12/01/2030 2,013,200 2,013,200 2,044,253 31,053 101.54248%
12/01/2031 30,000 2,043,200 2,043,200 2,044,253 1,053 100.05155%
12/01/2032 150,000 2,162,000 2,162,000 2,166,908 4,908 100.22703%
12/01/2033 160,000 2,166,000 2,166,000 2,166,908 908 100.04194%
12/01/2034 295,000 2,294,600 2,294,600 2,296,923 2,323 100.10123%
12/01/2035 305,000 2,292,800 2,292,800 2,296,923 4,123 100.17982%
12/01/2036 455,000 2,430,600 2,430,600 2,434,738 4,138 100.17026%
12/01/2037 475,000 2,432,400 2,432,400 2,434,738 2,338 100.09613%
12/01/2038 640,000 2,578,400 2,578,400 2,580,823 2,423 100.09396%
12/01/2039 665,000 2,577,800 2,577,800 2,580,823 3,023 100.11725%
12/01/2040 845,000 2,731,200 2,731,200 2,735,672 4,472 100.16373%
12/01/2041 880,000 2,732,400 2,732,400 2,735,672 3,272 100.11975%
12/01/2042 1,080,000 2,897,200 2,897,200 2,899,812 2,612 100.09016%
12/01/2043 1,125,000 2,899,000 2,899,000 2,899,812 812 100.02802%
12/01/2044 1,340,000 3,069,000 3,069,000 3,073,801 4,801 100.15643%
12/01/2045 1,395,000 3,070,400 3,070,400 3,073,801 3,401 100.11077%
12/01/2046 1,635,000 3,254,600 3,254,600 3,258,229 3,629 100.11150%
12/01/2047 1,700,000 3,254,200 3,254,200 3,258,229 4,029 100.12381%
12/01/2048 1,965,000 3,451,200 3,451,200 3,453,723 2,523 100.07310%
12/01/2049 2,045,000 3,452,600 3,452,600 3,453,723 1,123 100.03252%
12/01/2050 2,330,000 3,655,800 3,655,800 3,660,946 5,146 100.14077%
12/01/2051 2,425,000 3,657,600 3,657,600 3,660,946 3,346 100.09148%
12/01/2052 2,745,000 3,880,600 3,880,600 3,880,603 3 100.00008%
12/01/2053 2,850,000 3,875,800 3,875,800 3,880,603 4,803 100.12392%
12/01/2054 3,200,000 4,111,800 4,111,800 4,113,439 1,639 100.03986%
12/01/2055 3,325,000 4,108,800 4,108,800 4,113,439 4,639 100.11291%
12/01/2056 3,705,000 4,355,800 4,355,800 4,360,245 4,445 100.10206%
12/01/2057 3,855,000 4,357,600 4,357,600 4,360,245 2,645 100.06071%
12/01/2058 4,270,000 4,618,400 4,618,400 4,621,860 3,460 100.07492%
12/01/2059 4,440,000 4,617,600 4,617,600 4,621,860 4,260 100.09226%
50,330,000 95,042,600 95,042,600 95,163,952 121,352
17
EXHIBIT K
Public Benefits
EXHIBIT K
“PUBLIC BENEFITS”
Affordable Housing:
Waters’ Edge commitment to affordable housing for seniors is a different way to look at
the subject. The City’s Affordable Housing Strategic Plan dated October 6, 2015 states:
There is also a need for 55+ for-sale communities (page 44). The Plan recognizes the need
for housing for seniors to forestall the move to independent living or assisted living.
Additionally, Waters’ Edge commits to providing, in our second phase (Waters’ Edge East),
that at least 10% of the housing units in that phase will be affordable defined at 80% of
area median income. Some units may meet that standard in our first phase including
auxiliary dwelling units planned in our courtyard product. These housing units will be
guaranteed to remain affordable, as defined above, for at least twenty years.
Likely we will use the land trust or land bank model while determining if Low-Income
Housing Tax Credits can assist with affordable rental units.
For 10% of Phase II’s estimated 471 lots @ $7,254 (taken from Thrive’s cost estimate from
Stapleton) = $3,417,105
Significant Reduction in Potable Water:
Non-potable water system: This system is essential to be able to affordably create and
maintain the project’s expansive natural areas. The non-potable system will be operated
by the metropolitan districts and supply all irrigation water to the natural areas and
private lots. Cost to the consumer will be lower and water savings will be increased
because of comprehensive management, including on private lots.
Our non-potable water system, which requires management by a district, not an HOA, will
reduce water consumption by 55% benefiting the residents by lower operating costs and
benefiting recreation and agriculture in Northern Colorado. The system will also allow
liquefied fertilization which, while saving residents’ money, also reduces the runoff of
fertilizers to our natural drainages and streams.
Traditional non-native and high-water use landscaping would require 158 acre feet of
irrigation per year according to estimates from Hines Inc. Water planning, smart
engineering, and successful performance management can reduce that to 87 acre feet
during the initial grow-in period then down to 65 acre feet after the native grasses are
established. Controlling the irrigation by the metro district’s contractor is essential to
realizing these water savings.
Enhanced and Expanded Open Space, Parks and Trails:
Enhanced and Expanded trail system and natural areas: Promotes walking/cycling and
scooter use while discouraging vehicle use; green spaces and enhanced vegetation
promote carbon sequestration. Waters’ Edge West is designed with nearly 40% open
space, double nearby subdivisions:
Maple Hill Richard’s Lake Waters’ Edge
Gross Area 154.79 acres 114.45 acres 108.45 acres
Open Space 30.47 acres 21.54 acres 40.11 acres*
% of Open Space 19.7% 18.8% 37.0%
*Includes the 36.64 acres of open space in the approved site plan plus the 3.47 acres of oil wells since all
those have been plugged and abandoned and the land incorporated into open space.
Waters’ Edge, with open space adjacent to nearly every lot and an interconnected trail
system, will be a friendly place for pedestrians, bicyclists and even electric scooters. The
mixed-use community design, with significant public spaces, multiple housing types, on-
site recreation and a small commercial center exemplifies smart growth.
Enhanced Landscaping: Vegetative landscape will be focused on creating a quality
environment for humans and wildlife with native species; ongoing stewardship will be
performed by the proposed metropolitan districts. There will be edible plants (for both
humans and wildlife) throughout the community. Within the double open space,
plantings and sire furnishings also substantially exceed the norm. These planting designs
are in the approved site plans and subject to the fully executed Development Agreement.
Rehabilitation of the Windsor #8 Ditch will feature:
The existing ditch is 6,208 feet long along the eastern boundary of Phase II and is best
described as an aesthetic and environmental disaster. The rehabilitation will involve the
entire reach of the ditch and will include:
Creation of wetlands to improve water quality and provide habitat for wildlife
Trails to link the region
Transformation of an eyesore to a high-quality useful community natural area
Improved storm water retention
OTHER EXTRAORDINARY BENEFITS OF THE PROJECT
Waters’ Edge will support the needs of the City’s residents, the surrounding community, and the
City’s stated missions and objectives. Enabling the Districts to finance a portion of the “basic”
Public Improvements is essential to offset the higher costs associated with delivering public
benefit and extraordinary development outcomes.
POLICY OBJECTIVES
Environmental Sustainability Outcomes
Waters’ Edge community design is focused on reducing off-site travel of its residents,
reducing greenhouse gas emissions.
Our planned Sustainability Center will teach by example using solar power to charge
electric lawn mowers and community buildings while exhibiting the capped oil well pump
– the “new energy economy” vs. the old. Reduced greenhouse gases and reduced noise
from lawn maintenance equipment is one goal for the Center.
Waters’ Edge resiliency is strengthened by incorporating the latest design of Low Impact
Development with bioretention facilities and permeable pavement systems.
Waters’ Edge commits that houses built in the community will include enhanced building
standards for water and energy conservation outcomes. 65% of lots are solar oriented in
Waters’ Edge Phase I.
Five oil and gas wells, three of which were in operation, were purchased, plugged and
abandoned under the oversight of the developer’s experts, City staff and the Colorado Oil
and Gas Conservation Commission. The COGCC has certified the plugging and
abandonment of these wells which went beyond the specifications and protocol of the
Commission. The developer paid $709,924 for acquiring and P&A’ing these wells to
eliminate this environmental issue for Waters’ Edge residents and the surrounding
neighborhoods. The mineral rights holder has relinquished all rights to use the surface in
Waters’ Edge Second Filing leaving over 10,000 bbl of oil in the ground.
Critical Public Infrastructure
Waters’ Edge is contributing to regional transportation needs with construction of a traffic
signal at Turnberry and Country Club Road and a $250,000 contribution to resolving the
vexing intersection at Timberline and Vine. The Waters’ Edge districts will also participate
in the Regional Improvement Mill Levy which will contribute over $4.3 million to regional
improvements.
Smart Growth Management
Waters’ Edge promotes social interaction through development design, creating gathering
places that attract people and facilitate connections. These include strategically placed
benches, fire pits and arbors in the abundant open space, community gardens, some with
edible plants and a community kitchen.
Reducing the need for off-site travel benefits the residents, by reducing costs and hassles,
and benefits the planet by reducing greenhouse gases.
The community design will encourage healthier living patterns which is one of our primary
goals.
Other plans, which have not yet been fully designed or approved by the City, and will be subject
to site planning requirements of the City and, ultimately, Development Agreements or
intergovernmental agreements:
Health, Wellness and Senior Activity Center:
This walkable facility, planned for the second phase in Waters Edge, will be the gathering
place for the community. A focal point in the town center, it will be a community center
with spaces to gather, work, recreate, volunteer, and enjoy social, educational, creative,
and cultural activities. The Center will include a large multi-purpose room, community
kitchen, arts and crafts room and business office spaces. A swimming pool will be included
as will therapy pools. We expect to provide examination and treatment rooms where
visiting health care providers could address those aliments that affect seniors the most
like hearing loss and neuropathy.
The grounds for the Center are expected to be approximately three acres with walking
paths and outdoor sport courts including the very popular pickle ball. We expect to
request a variance to limit parking since we have planned the Center to be accessed by
walking, biking, ridesharing and other alternative forms of transportation.
The building is expected to be approximately 4,000 to 5,000 square feet in size with an
inviting design to encourage greater use and set the standard for the town center.
Preliminary cost estimates are $7 million including site work.
The Center will reduce the community’s carbon footprint by reducing car travel to the
existing Senior Center of 8 miles and travel to existing recreation of 4.5 miles.
The metro district will operate the Center and will program the facilities to ensure
opportunities for social connections though classes, activities and events which will be
open to the general public in addition to district residents.
The Waters’ Edge Sustainability Center, located on two acres around the site of three
former oil and gas wells, is intended to display that old energy economy in juxtaposition
to the new with a solar array charging electric lawn maintenance equipment and vehicle
charging stations.
Approximately $1.5 million will be used to finance and construct this Center. This facility
will be owned and operated by the metro district and will be available for use by the
general public in addition to district residents.
The Center will be both a functioning center as well an educational center. Kitchen and
landscape waste will be collected on the site and a solar array and charging facilities for
electric vehicles and mowers will be located to provide clean energy for the community.
The carbon reduction from these provisions is significant: The U.S. Environmental
Protection Agency (EPA) estimates that 5 percent of air pollution is attributable to annual
spills from gasoline powered lawn mowers. Curbside pick-up of compost throughout the
community by electric vehicles for use in the landscape reduces the amount of driving
offsite, further reducing the carbon footprint.
The old energy economy will be demonstrated with the old, detached pump jack that has
been left on the property. The three plugged and abandoned wells will be memorialized
with placards with historical records of pumping and estimates of the greenhouse gases
generated from the use of those carbons.
The new energy economy will be demonstrated with the solar charging, composting and
will be recognized with signs proclaiming the difference between the use of carbon vs.
renewable energy on the ecosystem. And the use of electric lawn maintenance
equipment will provide a very real reduction in emissions since the small gas engines on
trimmers, blowers and mowers are notorious high polluters, especially the two-stroke
engines used for leaf blowers and related devices.
Community Kitchen: Will be used to educate the community on nutrition, healthy eating
and sustainable agriculture.
Greenhouses and aquaponics facility: Additional elements of urban agriculture.
INDIRECT COSTS AND ENHANCED DEVELOPMENT OUTCOMES
Enabling the Districts to finance a portion of the “basic” Public Improvements is essential
to offset the higher costs associated with delivering public benefit and extraordinary
development outcomes. We posit that a community designed to allow seniors to stay in Fort
Collins and stay in their homes longer provides a public benefit.
Indirect Costs: Necessary extraordinary developer and builder costs associated with
delivering public benefits/extraordinary development outcomes that will not be incurred by the
Districts and will not be approved in the Districts’ Public Improvement Cost Estimates.
Affordable Housing Subsidy. For 10% of Phase II’s estimated 471 lots @ $7,254 (taken
from Thrive’s cost estimate from Stapleton) = $3,417,105
SUMMARY
Waters’ Edge Investments asks the City of Fort Collins to be its partner in developing an
innovative and exceptional community by supporting and approving metropolitan districts to
provide the infrastructure, amenities and services described herein. We believe that the features
that the proposed districts will provide or will allow by offsetting other costs are truly
extraordinary and in sync with many of the City’s important initiatives as well as the major themes
of City Plan: “Innovate – Sustain – Connect”.
This community cannot be achieved without the financing and operating opportunities
afforded by metropolitan districts. If the City wants this type of development, and wants to
achieve its stretch goals, it must be willing to give extraordinary developments the tools to
achieve those outcomes.
EXHIBIT L
Disclosure Notice
NOTICE OF INCLUSION IN A RESIDENTIAL METROPOLITAN DISTRICT
AND POSSIBLE PROPERTY TAX CONSEQUENCES
Legal description of the property and address:
(Insert legal description and property address).
This property is located in the following metropolitan district:
(Insert District Name).
In addition to standard property taxes identified on the next page, this property is subject to a
metropolitan district mill levy (another property tax) of up to:
(Insert mill levy maximum).
Based on the property’s inclusion in the metropolitan district, an average home sales price of
$300,000 could result in ADDITIONAL annual property taxes up to:
(Insert amount).
The next page provides examples of estimated total annual property taxes that could be due on
this property, first if located outside the metropolitan district and next if located within the
metropolitan district. Note: property that is not within a metropolitan district would not pay
the ADDITIONAL amount.
The metropolitan district board can be reached as follows:
(Insert contact information).
You may wish to consult with: (1) the Larimer County Assessor’s Office, to determine the
specific amount of metropolitan district taxes currently due on this property; and (2) the
metropolitan district board, to determine the highest possible amount of metropolitan district
property taxes that could be assessed on this property.
ESTIMATE OF PROPERTY TAXES
Annual Tax Levied on Residential Property With $300,000 Actual Value Without the District
Taxing Entity Mill Levies
(2017**)
Annual tax levied
Insert entity Insert amount $ Insert amount
Larimer County Insert amount $ Insert amount
City of Fort Collins Insert amount $ Insert amount
Insert entity Insert amount $ Insert amount
Insert entity Insert amount $ Insert amount
Insert entity Insert amount $ Insert amount
TOTAL: Insert total $ Insert amount
Annual Tax Levied on Residential Property With $300,000 Actual Value With the District
(Assuming Maximum District Mill Levy)
Taxing Entity Mill Levies
(2017**)
Annual tax levied
Insert District Name Insert amount $ Insert amount
Insert entity Insert amount $ Insert amount
Larimer County Insert amount $ Insert amount
City of Fort Collins Insert amount $ Insert amount
Insert entity Insert amount $ Insert amount
Insert entity Insert amount $ Insert amount
Insert entity Insert amount $ Insert amount
TOTAL: Insert total $ Insert total
**This estimate of mill levies is based upon mill levies certified by the Larimer County Assessor’s Office in
December 20__ for collection in 20__, 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 Larimer County
Assessor’s Office to obtain accurate and current information.
FINANCIAL HEALTH OF METROPOLITAN DISTRICT
Financial information for (Insert District Name Here) as of (Insert Date of Last Annual Report
Here):
Notes Amount
Total Assessed Value Insert Notes Insert Amount
Current Mill Levy & Annual Revenue Insert Mill Insert Amount
Current Debt Mill Levy & Annual Revenue Insert Mill Insert Amount
Outstanding Debt Insert Term Insert Amount
Anticipated Payoff Year Insert Notes Insert Amount
Additional information regarding (Insert District Name Here) financial health and formation can
be found at the City of Fort Collins website, available at: fcgov.com.
In addition, the Colorado Department of Local Affairs may have the following materials
available:
Audited Financial Statements
Annual Budget
Annual Report on the Service Plan
Certification of Election Results
Certification of Tax Levies
Notice of Authorization of General Obligation Debt
Notice of Issuance of General Obligation Debt
Transparency – Notice to Electors
Available at:
https://dola.colorado.gov/lgis/lgFinances.jsf
Or
Division of Local Government
1313 Sherman Street, Room 521
Denver, Colorado 80203
(303) 864-7720
Fax: (303) 864-0751
OR
Contact the District at:
_________Metropolitan District ______
_________[Address]________________
_________[Address]________________
_________[Phone]__________________
_________[Fax]____________________
_________[Email]___________________
06/01/2054 455,900 455,900
12/01/2054 3,200,000 4.000% 455,900 3,655,900 4,111,800
06/01/2055 391,900 391,900
12/01/2055 3,325,000 4.000% 391,900 3,716,900 4,108,800
06/01/2056 325,400 325,400
12/01/2056 3,705,000 4.000% 325,400 4,030,400 4,355,800
06/01/2057 251,300 251,300
12/01/2057 3,855,000 4.000% 251,300 4,106,300 4,357,600
06/01/2058 174,200 174,200
12/01/2058 4,270,000 4.000% 174,200 4,444,200 4,618,400
06/01/2059 88,800 88,800
12/01/2059 4,440,000 4.000% 88,800 4,528,800 4,617,600
50,330,000 44,712,600 95,042,600 95,042,600
12
12/01/2044 2,130,000 5.000% 469,500 2,599,500 3,069,000
06/01/2045 416,250 416,250
12/01/2045 2,240,000 5.000% 416,250 2,656,250 3,072,500
06/01/2046 360,250 360,250
12/01/2046 2,535,000 5.000% 360,250 2,895,250 3,255,500
06/01/2047 296,875 296,875
12/01/2047 2,660,000 5.000% 296,875 2,956,875 3,253,750
06/01/2048 230,375 230,375
12/01/2048 2,990,000 5.000% 230,375 3,220,375 3,450,750
06/01/2049 155,625 155,625
12/01/2049 6,225,000 5.000% 155,625 6,380,625 6,536,250
33,535,000 40,498,750 74,033,750 74,033,750
7
19,658,850 10.000 192,657 188,804 381,460 50.000
25,458,097 10.000 249,489 244,500 493,989 50.000
31,465,711 10.000 308,364 302,197 610,561 50.000
37,351,062 10.000 366,040 358,720 724,760 50.000
42,985,737 10.000 421,260 412,835 834,095 50.000
46,412,706 10.000 454,845 445,748 900,592 50.000
49,197,468 10.000 482,135 472,492 954,628 50.000
49,197,468 10.000 482,135 472,492 954,628 50.000
52,149,317 10.000 511,063 500,842 1,011,905 50.000
52,149,317 10.000 511,063 500,842 1,011,905 50.000
55,278,276 10.000 541,727 530,893 1,072,620 50.000
55,278,276 10.000 541,727 530,893 1,072,620 50.000
58,594,972 10.000 574,231 562,746 1,136,977 50.000
58,594,972 10.000 574,231 562,746 1,136,977 50.000
62,110,670 10.000 608,685 596,511 1,205,195 50.000
62,110,670 10.000 608,685 596,511 1,205,195 50.000
65,837,311 10.000 645,206 632,302 1,277,507 50.000
65,837,311 10.000 645,206 632,302 1,277,507 50.000
69,787,549 10.000 683,918 670,240 1,354,158 50.000
69,787,549 10.000 683,918 670,240 1,354,158 50.000
73,974,802 10.000 724,953 710,454 1,435,407 50.000
73,974,802 10.000 724,953 710,454 1,435,407 50.000
78,413,290 10.000 768,450 753,081 1,521,531 50.000
78,413,290 10.000 768,450 753,081 1,521,531 50.000
83,118,088 10.000 814,557 798,266 1,612,823 50.000
83,118,088 10.000 814,557 798,266 1,612,823 50.000
88,105,173 10.000 863,431 846,162 1,709,593 50.000
88,105,173 10.000 863,431 846,162 1,709,593 50.000
93,391,483 10.000 915,237 896,932 1,812,168 50.000
93,391,483 10.000 915,237 896,932 1,812,168 50.000
98,994,972 10.000 970,151 950,748 1,920,898 50.000
98,994,972 10.000 970,151 950,748 1,920,898 50.000
104,934,671 10.000 1,028,360 1,007,793 2,036,152 50.000
104,934,671 10.000 1,028,360 1,007,793 2,036,152 50.000
111,230,751 10.000 1,090,061 1,068,260 2,158,321 50.000
111,230,751 10.000 1,090,061 1,068,260 2,158,321 50.000
_______ ________ _______
24,732,888 24,238,230 48,971,118
7/30/2018 F WEMD Fin Plan 18 NR SP Fin Plan1+2029 IG Refg
Prepared by D.A.Davidson & Co.
Draft: For discussion purposes only.
3
252,000 $0 252,000 252,000 2655% 29% 0.0% 0.0%
394,992 0 0 394,992 0 646,992 676% 19% 0.0% 0.0%
548,500 0 0 548,500 0 1,195,492 346% 13% 0.0% 0.0%
742,717 0 0 742,717 0 1,938,209 235% 10% 0.0% 0.0%
925,924 1,676,750 1,676,750 (750,826) 0 1,187,383 171% 8% 55.2% 55.2%
1,149,365 1,676,750 1,676,750 (527,385) 0 659,998 132% 7% 68.5% 68.5%
1,390,335 1,676,750 1,676,750 (286,415) 0 373,583 107% 6% 82.9% 82.9%
1,591,713 1,676,750 1,676,750 (85,037) 0 288,546 90% 6% 94.9% 94.9%
1,629,511 1,676,750 1,676,750 (47,239) 0 241,307 78% 5% 97.2% 97.2%
1,786,143 1,781,750 1,781,750 4,393 0 245,701 72% 5% 100.2% 100.2%
1,928,541 1,926,500 $0 1,926,500 245,000 (242,959) 0 2,741 0% 0% 100.1% 100.1%
2,044,253 [Ref'd by ser. '29] 2,013,200 2,013,200 31,053 0 33,795 102% 8% 101.5% 101.5%
2,044,253 2,043,200 2,043,200 1,053 0 34,848 96% 7% 100.1% 100.1%
2,166,908 2,162,000 2,162,000 4,908 0 39,756 96% 7% 100.2% 100.2%
2,166,908 2,166,000 2,166,000 908 0 40,665 90% 7% 100.0% 100.0%
2,296,923 2,294,600 2,294,600 2,323 0 42,988 90% 7% 100.1% 100.1%
2,296,923 2,292,800 2,292,800 4,123 0 47,110 84% 6% 100.2% 100.2%
2,434,738 2,430,600 2,430,600 4,138 0 51,249 84% 6% 100.2% 100.2%
2,434,738 2,432,400 2,432,400 2,338 0 53,587 78% 6% 100.1% 100.1%
2,580,823 2,578,400 2,578,400 2,423 0 56,010 77% 6% 100.1% 100.1%
2,580,823 2,577,800 2,577,800 3,023 0 59,032 72% 5% 100.1% 100.1%
2,735,672 2,731,200 2,731,200 4,472 0 63,504 70% 5% 100.2% 100.2%
2,735,672 2,732,400 2,732,400 3,272 0 66,776 65% 5% 100.1% 100.1%
2,899,812 2,897,200 2,897,200 2,612 0 69,388 64% 5% 100.1% 100.1%
2,899,812 2,899,000 2,899,000 812 0 70,201 58% 4% 100.0% 100.0%
3,073,801 3,069,000 3,069,000 4,801 0 75,002 57% 4% 100.2% 100.2%
3,073,801 3,070,400 3,070,400 3,401 0 78,402 52% 4% 100.1% 100.1%
3,258,229 3,254,600 3,254,600 3,629 0 82,032 50% 4% 100.1% 100.1%
3,258,229 3,254,200 3,254,200 4,029 0 86,061 45% 3% 100.1% 100.1%
3,453,723 3,451,200 3,451,200 2,523 0 88,583 42% 3% 100.1% 100.1%
3,453,723 3,452,600 3,452,600 1,123 0 89,706 38% 3% 100.0% 100.0%
3,660,946 3,655,800 3,655,800 5,146 0 94,852 35% 3% 100.1% 100.1%
3,660,946 3,657,600 3,657,600 3,346 0 98,198 30% 2% 100.1% 100.1%
3,880,603 3,880,600 3,880,600 3 0 98,201 27% 2% 100.0% 100.0%
3,880,603 3,875,800 3,875,800 4,803 0 103,004 23% 2% 100.1% 100.1%
4,113,439 4,111,800 4,111,800 1,639 0 104,643 20% 1% 100.0% 100.0%
4,113,439 4,108,800 4,108,800 4,639 0 109,282 16% 1% 100.1% 100.1%
4,360,245 4,355,800 4,355,800 4,445 0 113,728 12% 1% 100.1% 100.1%
4,360,245 4,357,600 4,357,600 2,645 0 116,373 8% 1% 100.1% 100.1%
4,621,860 4,618,400 4,618,400 3,460 0 119,834 4% 0% 100.1% 100.1%
4,621,860 4,617,600 4,617,600 4,260 124,094 0 0% 0% 100.1% 100.1%
_________ _________ _________ _________ _________ _________
107,503,694 12,092,000 95,042,600 107,134,600 124,094 124,094
[FJul3018 19nrspF1] [FJul3018 29ig19nF1]
7/30/2018 F WEMD Fin Plan 18 NR SP Fin Plan1+2029 IG Refg
Prepared by D.A.Davidson & Co.
Draft: For discussion purposes only.
2
Draft: For discussion purposes only.
1
Election
Sept. 25,
2018
Deadline
To Consider
ATTACHMENT 3