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TC Res. No. 2006-16 APROVING THE AMENDED AND RESTATED CONSOLIDATEDTOWN OF AVON, COLORADO RESOLUTION NO. 06-16 SERIES OF 2006 A RESOLUTION APROVING THE AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN FOR CONFLUENCE METROPOLITAN DISTRICT, AND AVON STATION METROPOLITAN DISTRICT WHEREAS, on the 22"d day of September, 1998, the Town of Avon adopted and approved the Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District; and WHEREAS, pursuant to Sections 32-1-204.5 and 32-1-205, C.R.S., as amended, the Amended and Restated Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District has been submitted to the Town Council of the Town of Avon (the "Council"); and WHEREAS, the Amended and Restated Consolidated Service Plan preserves the in of the original Service Plan and updates.. development plans which were contemplated and discussed in the Service Plan approved on September 22, 1998; and WHEREAS, the Council considered the Amended and Restated Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District on March 28, 2006; and NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado: 1. That the Council, does hereby determine that the requirements Section 32-1- 204.5, C.R.S. relating to the filing and contents of a Amended and Restated Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District, and the consideration thereof by the Council, have been met. 2. That, based on evidence presented in the Amended. and Restated Consolidated Service Plan and before Council, the Council hereby determines as follows: a. There is sufficient existing and projected need for organized service in the area to be served by the proposed special districts. b. Existing service in the area to be served by the proposed special districts is inadequate for present and projected needs. C. The proposed, special. districts are capable of providing economical and sufficient service to the areas within its proposed border. d. The areas to be included within the proposed special districts have or will have the financial ability to discharge the proposed indebtedness on a reasonable basis. 3. That, subject to the condition precedent set forth in Paragraph. 4 hereof, the Council, does hereby approve the Amended and Restated Consolidated Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District. 4. That this Resolution is expressly conditioned upon the acquisition by Avon Confluence, LLC (or its designee) of fee simple title to the property described in that certain "Amended and Restated Development Agreement - The Confluence," approved on March 14, 2006 between the Town and Avon Confluence, LLC., on or before June 15, 2006. 5. A certified copy of this Resolution shall be filed in the records of the Town and submitted to the petitioners for the purpose of filing in the District Court of Eagle County. 6. That all resolutions or parts thereof in conflict with the provisions hereof shall be and the same are hereby repealed. Done this 28th day of March, 2006, at Avon, Colorado. TOWN COUNCIL OF THE TOWN OF AVON, EAGLE COLWrY OLOR OF 4k By: 2 CMMS PIANW13 143 303 1 006 0466.0003 • AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN FOR CONFLUENCE METROPOLITAN DISTRICT • AND AVON STATION METROPOLITAN DISTRICT March 21, 2006 Prepared By: WHITE, BEAR & ANKELE Professional Corporation 1805 Shea Center Drive, Suite 100 Highlands, Ranch, CO 80129 303-858-1800 0 TABLE OF CONTENTS 1. INTRODUCTION .....................................................................................................1 A. General Overview ..........................................................................................1 1., Amended and Restated Consolidated Service Plan I 2. History of the Districts ...............:.:.....................................................1 3. Need for Amendment of Original Service Plan .......................:.........1 4. General Plan.for the Districts .....................:...:..................................2 5. Dual District Structure .......................................................................2 6. Benefits of Dual District Structure ........................:...........................3 7. Location and Configuration of the,Districts ......................................3 8. Long-Tenn District Plan.-.-..1,..; ..........:..............................................:::.4 9, Existing Services and Districts .::..................................:....................4 B. General Financial Information and Assumptions ..........................................4 C. Contents of Service Plan 5 D. Modification of Service Plan .........................................................................5 II. NEED FOR DISTRICTS AND GENERAL POWERS ............................................5 A. Need for. Metropolitan Districts .....................................................................5 B. General Powers of Each District ......................................:.............................6 1. Water ...................................................................6 2. Streets ...................6 3. Traffic and Safety Controls ..........::............................:.......................6 4. Fire Protection & Emergency Medical Services ................................7 5. Television Relay and Translator ........................................................7 6. Transportation ....................................................................................7 7 7. Parks and Recreation 7 8. Sanitation ...........................................................................................7 . 7 9. Mosquito and Pest Control 8- - 10 . -Operations-and Maintenance 11. Legal Powers .....................................................................................8 12. Other 8 III. POPULATION AND VALUATION ESTIMATES .................................................9 9 A. Population B. Assessed Valuation ........................................................................................9 IV. DESCRIPTION OF FACILITIES AND IMPROVEMENTS . 9 V. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS 9 9 A. Master IGA B. Other Agreements ..........................................................................................10 VI. FINANCIAL PLAN SHOWING HOW FACILITIES MAY BE FINANCED 10 P_.~ • A. General ...........................................................................................................10 B. Elections; Other Requirements I I VII. CONCLUSIONS .......................................................................................................12 LIST OF EXHIBITS EXHIBIT A-1 EXHIBIT A-2 EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F G • Confluence Metropolitan District Avon Station Metropolitan District Map of Districts Cost Estimates Facility Maps Financing Plan Statutory Contents of Service Plan ii I. INTRODUCTION A. General Overview • 1. Amended Consolidated Service Plan. This Amended and Restated Consolidated Service Plan ("Amended Service Plan") for Avon Station Metropolitan District (the "Financing District") and Confluence Metropolitan District (the "Service District") (collectively, the "Districts") constitutes a combined service plan for two special districts organized in Eagle County,' Colorado, which serve the needs of a project generally known as the "Confluence Development (hereinanfter referred to as the "Project").' Upon completion, the Project will consist of commercial/retail facilities, hotel and timeshare units, a_central pedestrian plaza, an intermodal transportation system including a gondola, and other. related public improvements. This Amended Service Plan follows the text of the original service ari approved-by the Town of - Avon (the "Town") on September 22, 1998, with changes necessary to reflect current facts and circumstances concerning the Project. 2. History of the Districts. The Districts have. been organized and in existence since November of 1998. At the time of organization, the Districts 'consisted of approximately twenty-three acres, divided into several development areas.. Those development areas included a parcel known as Lot B, aparcel known as Lot C, and a parcel known at the time. as The Confluence (hereinafter referred to as the "Confluence Parcel"). The Town conditionally annexed these parcels into the Town, the condition, being approval of a development agreement (the Development Agreement') between the Town and Vail Associates' Inc. ("VAI"). The Development Agreement was to .address joint VAI-Town funding of improvements in the annexed parcels, land use and zoning, the Districts, and certain specific improvements, including a conference center and roadway infrastructure. The Town approved the consolidated service plan for the Districts on September 22, 1998, VAI and the Town executed the Development Agreement on October 29, 1,998, and in November of 1998, the Districts obtained an order and decree of organization from the Eagle County District Court. In the spring of 2000, VAI negotiated for and completed the sale of Lot C -to Points of Colorado, Inc. As part of this sale, Lot C was excluded from the Districts, and Mountain Vista - Metropolitan District-("Mountain-Vista") was-organized-within-Lat-G-in-May-of-2000. , 3. Need for Amendment to Original Service Plan. - Shifting needs of the Town and.of the Project have caused a reevaluation of the various documents and agreements affecting the Districts and development within the Project. The original service plan for the Districts required that it be amended to be consistent with the final approved development .plan " for the project, including revisions to the public infrastructure cost estimates and the Financing Plan. This Amended Service Plan reflects the completion of zoning and the terms of an amended development agreement between the Town and the current developer of the Project. It`provides the framework through which the Districts will have the power and authority to serve the updated needs of the Town and the Project. 0 4. General Plan for Districts. The Project includes an area comprised of a . parcel known as Lot B and a parcel that has generally been known as The Confluence (hereinafter referred to as the "Confluence Parcel"). The locations of Lot B and the Confluence Parcel are generally depicted ,on on Exhibit B. The two parcels that comprise the Project total approximately.20.446 acres and consist of several development areas. Development plans for the Project include a commercial area, a public plaza, an intermodal transportation system (including a gondola, bicycle/pedestrian paths, and roads), restaurants, hotels, office and -retail space,- necessary parking areas and/or structures, and other public ''amenities, residential condominiums and/or interval ownership units and possibly employer/employee housing unit's. -This Amended Service Plan addresses the improvements the Districts plan to finance and., construct:and demonstrates how the Districts proposing t6serve the Project will work in tandem to provide the necessary public improvements. 5. Dual District Structure. This Amended Service Plan is submitted in accordance with . C.R.S. 32-1-204.5 and defines the powers and authorities of, as well as the limitations and restrictions on, the Service District and the Financing District. • • The use of a consolidated service plan for the two Districts will help assure proper coordination, of. the powers and authorities of the independent Districts, and will.:help avoid the : . confusion regarding the separate, but coordinated purposes of both 'Districts that could arise from the use of separate service plans. Unless otherwise specifically noted herein, general provisions of this Amended : Service Plan apply to both Districts. Where possible, however, specific : - reference is.made'to an individual District to help distinguish the powers and authorities of each District. The; "Financing Plan" discussed in Section VI refers to a consolidated financial plan for both Districts. The. Service District will be responsible for managing the construction and operation -of facilities and improvements needed for the Project. The -Service District-will be a small parcel -located adjacent to a riverfront park that is within the Project. The Financing District will-be responsible for providing the funding and tax base. needed to support the Financing Plan for capital -improvements. The Financing District is comprised of Lot B and nearly, all, of the Confluence Parcel. The area within both Districts is depicted in Exhibit- B: Various agreements are expected to be executed by both Districts clarifying the nature of the functions and services to be provided by each District. The agreements will help assure the orderly development of essential services and recreation facilities in the Project, resulting in a community that will be both an aesthetic and economic asset to the Town. The activities of Confluence Metropolitan District as the Service District (which is expected to own and operate the public facilities not otherwise dedicated to the Town or other appropriate entities) and of Avon Station Metropolitan District as 'the Financing District (which will generate the tax revenue sufficient to pay the costs of the capital improvements) will create several benefits for the Project and the Town. In general, those benefits are: (a) coordinated administration of construction and operation of public improvements and delivery of those improvements in a timely manner; and (b) maintenance of a uniform mill levy and reasonable tax 2 burden on the separate development areas within the Project through controlled management of the financing and operation of improvements. 6. Benefits of Dual District Structure. a. Build-Out and Debt. As presently planned, development of the Project will proceed in several phases, each of which will require the extension of public services and facilities. The dual district structure will assure that the construction and operation of each phase of public facilities will be primarily administered by a single board of directors consistent with a well designed and financed construction and operations program. Use of the Service District as the entity responsible for construction of each phase of improvements and for management of operations will facilitate a well-planned financing effort through all phases of construction and will assist in assuring coordinated extension of services to all areas in the Project. b. Mill Levy. The use of two districts to serve the separate areas of the Project will allow infrastructure to be provided in the various development areas as demand for services requires. In order to assure that infrastructure is provided to all areas when it is needed, it is necessary that bonds are issued and facilities constructed according to a long term financing and construction schedule, which must be administered by a single board of directors. Use of the Service District to manage these activities will assure proper control of these efforts and will enable the Financing District to impose a uniform mill levy throughout the Project so each part of the project pays its fair share of the overall infrastructure needs. Future property owners will be responsible for the mill levy required to fund the capital and operating costs of the Financing District. A written disclosure statement summarizing the anticipated mill levy obligations of the Financing District will be generated by the Districts and made available through the developer to all initial purchasers of property within the Financing District so such purchasers can make an informed decision to acquire property within the District. 7. Location and Configuration of the Districts. In order to implement the dual district structure, the boundaries of the Service District and the Financing District need to be carefully configured. Legal descriptions of the property within the boundaries of the proposed Districts are attached as Exhibit A. A map showing the boundaries of both Districts is provided in Exhibit B. The combined acreage of the two Districts covers all acreage within the Project. The Service Area legally permitted to be served by the Confluence Metropolitan District or Service District will consist of the entire Project, including the property within the Financing District's boundaries. It is currently anticipated that the Service District will include little or no developed property but will remain as open space. The Financing District will contain all of the area to be developed for the project. 3 It is currently anticipated that the preponderance of property within the current boundaries of the Service District will be developed into a public riverfront recreation area (the "Riverfront Park"), which is expected to be dedicated to the Town for ownership, operation and maintenance after completion. Upon such acquisition by the Town, it is intended that the Service District will exclude the property encompassing the Riverfront Park from its boundaries. Such exclusion shall be deemed a non-material modification of this Amended Service Plan and shall require no additional approval from the Town. The Districts shall be authorized to adjust their respective boundaries, provided that no inclusion of property outside of the original boundaries of the Districts shall be permitted without the Town's written consent. 8. Long-Term District Plan. After all bonds or other debt instruments have been issued by the Districts and adequate provision has been made for payment of all debt of the Service District and Financing Districts, the electorates of the Districts will have the opportunity to consider either the consolidation of the Service District and Financing Districts into a single entity, or the dissolution of the Service District and/or Financing Districts in accordance with state law. The Service District and Financing Districts will consider consolidation and/or dissolution at the time each District's debt has been paid and adequate provision has been made for operation of all the Service District facilities. Additionally, the Town may cause the Districts to commence dissolution proceedings as provided in Section 32-1-701(3), C.R.S. 9. Existing Services and Districts. There are currently no other entities in existence in the Project area that have the ability and/or desire to undertake the design, financing and construction of improvements needed for the Project. Consequently, formation of the new Districts is deemed necessary for the provision of public improvements in the Project. B. General Financial Information and Assumptions The 2005 certified assessed valuation of all taxable property within the boundaries of the Districts is $1,594,830. The anticipated costs of improvements necessary to provide access to and appropriate services within the Project are substantial and are estimated in Exhibit C. - The Districts may obtain financing.for- the capital improvements needed for the Project through the issuance of general obligation bonds, revenue bonds, developer advance and reimbursement agreements and/or other instruments as permitted by law. General obligation bonds will be payable from revenues derived from ad valorem property taxes and from other legally available sources. The Financing District is expected to issue general obligation bonds and/or revenue bonds after determination that the assessed valuation is sufficient to pay debt service with reasonable mill levies, thereby reducing risk to property owners. The financial forecasts for both Districts are contained in Exhibit E to this Amended Service Plan. The "Financing Plan" demonstrates one method that might be used by the Districts to finance the cost of infrastructure. At the time bonds are proposed to be issued, alternative financing plans may be employed and be utilized by the Districts. The Financing Plan demonstrates that the cost of infrastructure described herein can be provided with reasonable mill levies. The figures contained herein depicting costs of 4 infrastructure and operations shall not constitute legal limits on the financial powers of the Districts; provided, however, that neither District shall be permitted to issue bonds that are not in compliance with the bond registration and issuance requirements of Colorado law. The assumptions contained within this Amended Service Plan were derived from a variety of sources. Various figures were derived from the zoning and development guide for the Project. Figures used in the Financing Plans are more conservative. Information regarding the present status of property within both Districts, as well as the current status and projected future level of similar services, was obtained from the developer. Alpine Engineering, Inc. which has experience in the costing and construction of similar facilities, assembled construction cost estimates. Operations cost estimates were assembled by the developer. The Financing Plans were assembled by Piper Jaffray & Co. based on assumptions provided by the developer. The developer prepared projections of growth and market values. The law firm of White, Bear and Ankele Professional Corporation, which represents numerous special districts in the State, provided legal advice in the preparation of this Amended Service Plan. C. Contents of Service Plan This Amended Service Plan consists of a financial analysis and an engineering plan showing how the facilities and services for the Project can be provided and financed by the proposed Districts. Numerous items are included in this Amended Service Plan in order to satisfy the requirements of law for formation of special districts. Those items are listed in Exhibit F attached hereto. D. Modification of Service Plan This Amended Service Plan has been designed with sufficient flexibility to enable the Districts to provide required services and facilities for the Project under evolving circumstances without the need for numerous amendments. While the assumptions upon which this Amended Service Plan are generally based are reflective of current or pending zoning for the property within the Project, the cost estimates and the Financing Plans are sufficiently flexible to enable the Districts to provide necessary services and facilities without the need to amend this Amendee Serv ice Plari. Modification oMe -gerieia1-types of services-and-facilities, and chan g e s in proposed configurations, locations, or dimensions of various facilities and improvements shall be permitted to accommodate development needs consistent with then-current zoning for the property. Material modifications to this Amended Service Plan shall be deemed to exist only in the event that either District seeks to add additional powers or provide general types of improvements that are not contemplated herein. II. NEED FOR NEW DISTRICTS AND GENERAL POWERS A. Need for Metropolitan Districts There are currently no other entities in existence in the Project area that have the ability and/or desire to undertake the design, financing and construction of improvements needed 5 for the community. It is the petitioners' understanding that the Town does not consider it feasible or practicable for it to provide the necessary services and facilities for the projects depicted in Exhibit C hereof and described herein. Formation of the Districts is. necessary for the provision of improvements needed for the project in the most economic manner possible. B. General Powers of Each District Both Districts will have power and authority to provide the services and facilities described in this section within and outside their boundaries in accordance with law; however, the powers and authorities of each District are allocated and further refined in an intergovernmental agreement between the Districts. For purposes of applicable state law, such intergovernmental agreement and amendments made thereto for the purposes of effectuating this Amended. Service Plan shall not constitute an amendment of this Amended Service Plan. It does, however, constitute a binding agreement between the Districts regarding implementation of the powers contained in this Amended Service Plan. Each District shall have authority to provide the following services and facilities: 1. Water. The design, acquisition, installation, and construction of capital improvements and/or equipment for a complete water and irrigation water system. Such capital improvements and/or equipment may include but shall not be limited to water rights, water supply, storage, transmission and distribution systems for domestic and other public or private purposes, together with all necessary and proper reservoirs, treatment works and facilities, wells, water rights, equipment and appurtenances incident thereto, which may include but shall not be limited to, transmission lines, distribution mains and laterals, storage facilities, land and easements, together with extensions of and improvements to said systems. 2. Streets. The design, acquisition, installation, construction, operation, and maintenance of street and roadway improvements, including but not limited to curbs, gutters, culverts, storm sewers and other drainage facilities, detention ponds, retaining walls and appurtenances, as well as sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, snow removal .equipment, __and other street improvements, together with all necessary, incidental, and appurtenant facilities, I-an-dand easements, together with extensions of and improvements to said facilities. 3. Traffic and Safety Controls. The design, acquisition, installation, construction, operation, and maintenance of traffic and safety protection facilities and services through traffic and safety controls and devices on streets and highways, environmental monitoring, and rodent and pest controls necessary for public safety, as well as other facilities and improvements including but not limited to, main entry building, access gates, signalization at intersections, traffic signs, area identification signs, directional assistance, and driver information signs, together with all necessary, incidental, and appurtenant facilities, land easements, together with extensions of and improvements to said facilities. 6 4. - Fire Protection & Emergency Medical Services. The acquisition, construction, - completion, - and/or installation of capital improvements and/or equipment for protection against'fire, including, but not limited to; fire stations, fire,.protection and fire fighting _ equipment, and such ambulance; medical, and rescue units as are deemed necessary for proper . firefighting and suppression services, adoption of fire codes, as well as all necessary, incidental; and appurtenant facilities, land and easements, together with extensions of and improvements to said system 5: 'Television Relay and Translator. The acquisition, construction, completion, installation and/or operation and maintenance of: television relay and. translator facilities,- including but not limited to cable television and communication facilities; together with all,necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities. 6. Transportation. The _ design, acquisition, installation, construction, operation and maintenance of an intermodal public transportation system, including transportation equipment, park 'and ride facilities and parking lots, parking structures, roofs, covers, and facilities, including,, but not limited to facilities for the commercial structures and for the conveyance of the. public consisting of gondolas; funicular systems; terminal buildings, public restrooms,' chairlifts; `buses; automobiles; and- other means ,of conveyance,: and structures for repair; operations and maintenance of such facilities; together with ,all necessary,, incidental and appurtenant facilities,-land, and: easements, and all necessary extensions: of and improvements to said facilities or systems. 7. Parks and Recreation. The design, acquisition; installation, construction, operation and maintenance of public park and recreation facilities or programs including, but not limited to, swimming pools and spas, community and other meeting rooms and facilities, tennis courts, exercise facilities, bike paths, hiking trails, snowshoe trails, pedestrian trails, pedestrian bridges, pedestrian malls, public fountains and sculpture, art, and botanical gardens,, equestrian trails and centers, picnic areas; skating' areas and facilities, access areas to the Eagle River, -common, area landscaping and weed -control, outdoor-lighting- of -all types, community events; : - together with all necessary, incidental and appurtenant facilities, -land and easements, and.all necessary extensions-ofand-improvements to-said-facilities--or-systems._. _ 8. Sanitation. The design, acquisition, installation, construction, of storm or sanitary sewers, or both, flood-and surface drainage, treatment and disposal works -and facilities, and all necessary or proper equipment and appurtenances incident thereto; together with all necessary' incidental and appurtenant facilities, land and easements, and all necessary. extensions of and improvements to said facilities or systems. 9. Mosguito and Pest Control. The design, acquisition, installation, construction, operation, and maintenance of systems and methods for the elimination and control of mosquitos, rodents and other pests. 7 10. Operations and Maintenance. It is anticipated that the Districts will dedicate certain facilities constructed and financed by the Districts to the Town or other public entities for ownership, operations and maintenance. All facilities to be dedicated to other entities will be constructed in accordance with acceptable standards for those entities. With respect to all facilities not dedicated to other entities, the Districts shall be authorized to own, operate, maintain, dispose of, and exercise all other rights incident to the ownership of, such facilities. 11. Legal Powers. Their Boards of Directors will exercise the powers of the Districts to the extent necessary to provide the services contemplated in this Amended. Service Plan. The foregoing improvements and services, along with all other activities permitted by law, will be undertaken in accordance with, and pursuant to, the procedures and conditions contained in the Special District Act, other applicable statutes, and this Amended Service Plan, as any or all of the same may be amended from time to time. 12. Other. In addition to the powers enumerated above, the Boards of Directors of the Districts shall also have the following authority: a. To amend this Amended Service Plan as needed, subject to the appropriate statutory procedures and to take actions with prior written notice pursuant to § 32-1- 207, C.R.S., the authorization of which may be unclear under this Amended Service Plan, but that either District believes are authorized by this Amended Service Plan. In the event the Town elects not to seek to enjoin any such activities under said statute, such election shall constitute agreement by the Town that such activities are within the scope of this Amended Service Plan. Both Districts shall have the right to amend this Amended Service Plan independent of participation of the other District; provided, that neither District shall be permitted to amend those portions of this Amended Service Plan that affect, impair, or impinge upon the rights or powers of the other District without such District's consent; and b. To forego, reschedule, or restructure the financing and construction of certain improvements and facilities, in order to better accommodate the pace of growth, resource availability, and potential inclusions of property within either District (if approved by the Town.exceg s_specifically_ contemplated_herein~ or.if the development of the improvements and facilities would best be performed by another entity; and c. To provide all such additional services and exercise all such powers as are expressly or impliedly granted by Colorado law, and that the Districts are required to provide or exercise or, in their discretion, choose to provide or exercise; and d. To exercise all necessary and implied powers under Title 32, C.R.S. in the reasonable discretion of the Boards of Directors of the Districts. 8 III. POPULATION AND VALUATION ESTIMATES A. Population The estimated permanent population of the Districts is expected to be minimal, as the bulk of developed residential property will consist of condominiums and/or fractional ownership units, with a transitory population. Assuming full occupancy of all planned residential units, the maximum population of the Districts is projected to be approximately 1,700 persons. B. Assessed Valuation As noted above, the 2005 assessed valuation for the Project is $1,594,830. An estimate of projected assessed valuation within the proposed Districts is set forth in Exhibit E. IV. DESCRIPTION OF FACILITIES AND IMPROVEMENTS The Service District and the Financing District will each be permitted to exercise their statutory powers and their respective authority set forth herein to finance, construct, acquire, operate and maintain the public facilities and improvements described herein and, as necessary, to provide the public services set forth in Section II of this Amended Service Plan either directly or by contract. Where appropriate, the Districts will contract with various public and/or private entities to undertake such functions. A description and cost estimate of improvements expected to be constructed by the Districts are contained in Exhibits C and D. Such descriptions and cost estimates are preliminary only and will be subject to modification and revision as engineering plans, financial factors and construction scheduling may require subject to the. overall limitations on the powers of both Districts set forth in Section II hereof. V. PROPOSED AND EXISTING INTERGOVERNMENTAL AGREEMENTS A. Master IGA The relationship between the Service District and the Financing District, including the means for approving, financing, constructing, and operating the public services and improvements needed to serve the Project was established by means of a Master Intergovernmental Agreement (the "Master IGA") executed by and between the Districts on November 13, 2003. The relationship between the Service District and the Financing District, including the means for approving, financing, constructing, and operating the public services and improvements needed to serve the Project has been established by means of the Master IGA. The Master IGA is expected to generally provide that the Financing District will pay to the Service District over a period of years the costs of (1) the construction, acquisition, and equipping of certain public facilities and services, and (2) the operation and maintenance of the facilities. Under the Master IGA, the Financing Districts has covenanted to levy the taxes necessary, together with other 9 available funds,. to meet the payment obligations set forth in the Master IGA. In return for the payment under the agreement, the Service District has agreed to (1) acquire, construct and equip the facilities, (2) provide for their operation and maintenance, and (3) provide service to the property within the Districts or convey facilities to other appropriate entities which will provide service. B. Other Agreements To the extent practicable, the Service District may enter into additional intergovernmental and private agreements when it is in the best interest of the Service District to better ensure long-term provision of the improvements and services and effective management. Agreements may be executed with property owner associations and other service providers to coordinate the provision of these essential public services. VI. FINANCIAL PLAN SHOWING HOW FACILITIES MAY BE FINANCED A. General Attached to this Amended Service Plan as Exhibit E is a Consolidated Financing Plan that shows how the proposed services and facilities may be financed and operated by the Districts. The Financing Plan identifies the proposed revenues, expenses and debt issuance schedules of the Service District and the Financing District. Both Districts' plans are included for purposes of showing how the financial operations of the two Districts will be coordinated. The Financing District is expected to issue general obligation bonds supported by ad valorem mill levies. It is presently anticipated that the Service District will initially issue revenue bonds secured by the developer and by financial commitments received from the Financing District as well as revenues expected to be received pursuant to an intergovernmental agreement with the Mountain Vista Metropolitan District. This mechanism will help assure the transition of appropriate tax revenue to the payment of bonds issued to provide services for the Project. Other structures may also be used. The balance of the information contained in this secijon of-this Amended Service Plan is preliminary in nature. All dollars are stated in 2006, uninflated dollars. Upon approval of this Amended Service Plan, both Districts will continue to develop and refine cost estimates contained herein and prepare for bond issuances. All cost estimates will be inflated to then- current dollars at the time of bond issuance and construction. Engineering and other contingencies, as well as capitalized interest and other costs of financing will be added. All construction cost estimates assume construction to applicable local, state or federal requirements. The maximum general obligation bonded indebtedness for the Financing District shall not exceed $ 36,000,000 exclusive of costs of issuance, inflation, contingencies and other costs, for parking and related facilities. The Service District shall be permitted to issue revenue bonds in any amount provided that such issues are secured or issued in a manner permitted by state law. The foregoing bond limits shall not be increased except by written approval of the Town. Other 10 than said restriction, the Districts shall have plenary authority to construct all facilities contemplated herein without the need to seek approval of any modification of this 'Amended Service Plan. Reasonable modifications of such facilities and cost estimates shall likewise be permitted. In addition to ad valorem property taxes, and in order to offset the expenses of the anticipated construction and the Service District operations and maintenance costs, the Districts will also rely upon various other revenue sources authorized by law, including fees, rates, tolls, penalties and charges as provided in § 32-1-1001(1), C.R.S. The Financing Plans assume various sources of revenue, including ad valorem property taxes, specific ownership taxes, development fees, and user charges, together with interest earnings on retained amounts. The maximum voted interest rate for bonds ' will be 18%. The proposed maximum underwriting discount will be 5%. It is estimated that, when issued, the bonds will mature not more than forty (40) years from date of issuance in the discretion of the Boards of Directors, 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 either District will remain under the control of its Board of Directors. The Financing Plans demonstrate that each District will have the financial capability to discharge the proposed indebtedness with reasonable mill levies assuming reasonable increases in assessed valuation and assuming the rate of build-out estimated in the Financing Plans. B. Elections; Other Requirements All elections will be conducted as provided in the Uniform Election Code and the Constitution of Colorado, and may be held as determined by the elected Boards of Directors of both Districts. The Financing District and the Service District shall be subject to the following additional requirements: 1. Submission of annual reports as described in § 32-1-207(3), C.R.S. The annual report shall include the following information: a. Boundary changes made to the District's boundary as of December 31 of the prior year. b. Intergovernmental Agreements with other governmental entities entered into as of December 31 of the prior year. C. A list of all facilities and improvements constructed by the Districts that have been dedicated to and accepted by the Town as of December 31 of the prior year. 11 d. The assessed valuation of the Districts for the current year. e. Current year budget including a description of the Public Improvements to be constructed in such year: , , f. Audit of the Districts financial statements, for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles. or audit exemption, if applicable. g. Notice of any uncured events of default by the District, which continue beyond a ninety (90) day period, under any Debt instrument. 3. Material modifications of this Amended Service Plan, except as contemplated herein, shall.be subject to approval by the Town in accordance with the provisions of § 32-1-207, C.R.S. Said requirement of Town approval shall specifically include any attempted inclusion of land into the boundaries of the District except as specifically set forth herein. . VII: CONCLUSIONS . It is submitted that this Amended Service Plan for the proposed Confluence Metropolitan District and Avon Station Metropolitan District, as -required by § -32-1-203(2), C.R.S., has established that: 1. There is sufficient existing and projected need for organized service in the area to 'be serviced by the proposed special district. 2. The existing service in the area to be served by, the proposed special district is inadequate for present and projected needs. _ . . _ 3: The. proposed. special.. district is capable of providing economical and sufficient service to the area within its proposed boundaries. 4. The area to be included in the proposed special district has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Therefore, it is requested that the Town Council of the Town of Avon, Colorado, which has jurisdiction to approve this Amended Service Plan by virtue of § 32-1-2015 C.R.S., et seg., as amended, adopt a resolution that approves this Amended Service Plan for Confluence Metropolitan District and Avon Station Metropolitan District as submitted. Respectfully submitted, WHITE, BEAR AND ANKELE CMDISVC PLAN12006 AMENDMENTAMPA1730032006' Professional Corporation 0466.0003 12 EXHIBIT A-1 Confluence Metropolitan District • • • • LAND DESCRIPTION CONFLUENCE • A parcel of land located in the South %2 of the northwest of Section 12, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, being more particularly described as follows: Beginning at the point on the approximate centerline of the Eagle River, from which the center''/. section of Section 12 bears S250 57' 38"E, 268.27 feet; thence along the approximate centerline of the Eagle River the following (10) ten courses: 1. S860 36' 05"W, 19735 feet 2. S86° 00' 59"W, 162.21 feet 3. 5810 26' 34"W, 214.88 feet 4. S530 42' 45"W, 187.29 feet 5. S500 10' 13"W, 154.96 feet 6. S430 40' 09"W, 152.41 feet 7. S470 47' 00"W, 293.81 feet 8. S490 50' 33"W, 455.67 feet 9. S570 22' 26"W, 341.00 feet 10. 5480 08' 55"W, 132.70 feet Thence departing the approximate centerline of the Eagle River the following twenty (20) courses: 1. S890 32' 01"E, 233.19 feet 2. S560 04' 00"E, 157.47 feet 3. S490 11' 26"E, 391.13 feet 4. S530 39' 23"E, 210.92 feet 5. 5520 30' 25"E,106.06 feet 6. S52° 10' 38"E, 95.48 feet 7. S53° 13' 33"E, 116.06 feet 8. S370 40' 12"E, 75.38 feet 9. S350 09' 07"E, 102.83 feet 10. 9400 53' 23"E, 55.48 feet 11. S490 08' 52"E, 52.96 feet 12. S550 19' 17"E, 79.88 feet- 13. S690 58' 49"E, 57.37 feet 14. S820 22' 30"E, 181.83 feet 15. S880 00' 08"E, 82.27 feet 16. S82° 22' 17"E, 54.95 feet 17. N760 09' 24"E, 84.42 feet 18. S870 18' 04"E, 59.58 feet 19. S81 ° 18' 11 "E, 86.36 feet 20. S 12° 07' 30"W, 17.72 feet Thence S 12° 05' 08"W, 120.18 feet to the Point of Beginning. Parcel contains 6.895 acres 0 EXHIBIT A-2 Avon Station Metropolitan District • • • LAND DESCRIPTION AVON STATION • A parcel of land described as Lot B, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado, being more particularly described as follows: Beginning at the northernmost comer of Lot B, also being the easternmost comer of Lot C; thence along the westerly right-of-way of Beaver Creek Boulevard along the arc of a non-tangent curve to the left 187.14 feet, having a radius of 540.00 feet, a central angle of 19° 51' 21" and a chord which bears S45° 35' 34"E, 186.20 feet; thence departing said right-of-way S62° 54' 37"W, 220.50 feet; thence S27° 05' 2311E, 179.08 feet; thence N650 58' 08"W, 366.19 feet to a point on a line common to Lots B and C; thence along said line N520 41' 01"E, 397.57 feet to the Point of Beginning. Parcel contains 1.56 acres. 0 LAND DESCRIPTION' AVON STATION , A parcel of land located in the South '/z of the northwest '/4 of.Section 12, Township 5 South, Range 82 West of the Sixth Principal' Meridan, Eagle County, Colorado, being more particularly described as:.. follows: . Beginning at the point on the southerly right-of-way line of the Denver & Rio Grande. Wester; Railroad . and the westerly right ofway line of:Avon Road, from which the center'/4 of Section 12 bears, SO4°.'l8' . 06"E, 612:39 feet; thence along`the southerly railroad right=of-way N650 23' 27"W, 1729.75. feet to the " . southeasterly most comer of Tract H, Benchmark at Beaver Creek Subdivision, Amendment Number 4, as recorded in Book 274 at Page 701; thence departing the southerly right.-of-way line and along the southerly line of Tract H N89°,32' 0 1"W, 164:10 feet; thence departing the southerly line of Tract H along the following (20) twenty courses: 1. S56° 04' 60"E, 157.47.feet 2. S490 11' 26"E, 391:13 feet 3. S530 39' 23"E, 210:92 feet 4. S520 30' 25"E, 106.06 feet: 5. S520 10' 38"E, 95.48 feet . 6. S53°- 13' 33"E, 116:06 feet 7. S37° 40' IVE, 75.38 feet 8. $350 09' 07"E, 102.83 feet 9. S400 53' 237E, 55.48 feet 10. $490 08' 52"E, 52.96 feet 11. S550 19' ME, 79.88 feet 12. S690 58' 49"E, 57.37 feet 13. S820 22' 30"E, 181.83 feet 14. S880 00' 08"E, 8217 feet 15. N820 22' 17"E, 54.95 feet 16. N766 09' 24"E, 84.42 feet 17. N876 18'04"E, 59:58 feet 18. S810 18' 11"E, 86.36 feet 19. N12° 07',30"E, 68.28 feet 20. N21 ° 17' 14"E, 52.00 feet thence N04° 29' 54"E, 119.79 feet to the Point of Beginning. Parcel contains 11.991 acres. 0 • EXHIBIT B Map of Districts • • • 0 ASP -zj ~ y- / ,Iv.'-ifs •c~ i~ iai i W Q 10- I { Y ~ U 1 I ~ 1 F 0 9 N I r \,1 IIIIIII I N ~ MY' ~~~~II III m d \\v'/~~71 III NON " ! ~IIIIIIII ii .Q W O I~ I. j~ i L~ . i cc 0 • t EXHIBIT C Cost Estimates 0 Confluence Gondola Construction Cost Estimate 2110 Manufacturer 2110 Installation by Manufacturer rice below) 2110 Galvanized Towers (addition - see p Deduct Vendor Lift House (see price below) 2110 2110 Add Lift House Extentions $13,8DD each RPD Meter Treater (Included) 2110 Change to Eurotherm (Included) 2110 Change to Cummins (No charge) 2110 Add Loading Gates (NIA) 2110 Add this for Piltz System (included) 2110 Return Alternator for Power Fall (Included) 211 D Deduct hi hs ad backsto on earbcx N1A 2110 Lift Vendor Subtotal 2110 2005 Prices - Add 3% for 2008 Add Galvanized Towers - $18,000 2110 Lift Vendor Total 2110 Add Power Fitter 2110 Add VRI Facade for Lift Houses intenance ( Moving Utilities, etc). See Below M ilit 4050 a y Site Work / Ut 4060 3680 Site Prep I Road Building Taxes@ 4% (may not be applicable due to District status) n Non Destructive Testing MacNne d a Shop Tools and Equipment (Set of Tools an 5450 4530 Change Orders 5470 Radio Equipment 1420 Evacuation and Protective Gear 4120 Eject icity 1420 Maze materials 1420 Job Supplies 1420 Signs Chair/Storage Cabinet/etr- 1420 4500 Toilets, Top and Bottom 1420 Operator Tools 1420 Tower Pads 2530 Engineering Fees 2540 Surveying @ 1.00 / ft 4140 Telecom Installation 3550 Building permits 3800 inspectionticense 2590 Project Consultant 2050 Project Labor - Lifts 2500 Project Labor - Planning 2100 Benefits + W/C @ 21.5% 2160 Fuel, Lift and Equipment 4060 Project Clearing $8000/or 5560 Pro act Reve $2500/ac dor Expenses Total on- en SubTotal Other Costs: Builders Risk Insurance Lift Maintenance Facility Less Lift House extension for the top Contingency (10%) er Terminal Excavation and Site Work at Upp (subject to negotiated cost allocation bewteen VRI and the District) Construction Mana ement Fee Total Other Costs Doppeimayr 8 person detach 1200 -1600 h $ 3,924,500 973,100 0 0 27,600 0 $ 4,925,200 147,756 16,000 $ 5,090,956 95,000 70,000 ?77 0 212,638 24,OD0 80,000 4,000 20,000 40,000 4,000 5,000 5,OD0 3,000 D 700 6,000 13,500 4,000 3,OD0 1,200 5,000 2,000 10,000 2,000 3,010 1,000 16,000 5,000 $615,046 $5,706,004 40,000 500,000 (13,800) 570,600 550,000 125,000 $ 1,771,800 $7,477,805 • • ~JJ Grand Total • 1 Permits, Railroad insurance, CDOT, etc 2 Demolition 2a Demolition retaining wall/Avon Rd. 2b Demolition existing 2c Demolition Hurd Rd. entrance 2d Demolition fencing (north property line) 2e Demolition overhead utility lines 2f Demolition Underground existing utilities 3 Traffic Control 4 Earth Work 4a Mobilization 0 Site Survey & Layout 4c Export of unsuitable soils 4d Import of sutable soils 4e Rough Grading 4f Grade for curb, sidewalk and asphalt 4g Grade at Landscape areas 4h Grade for north/south bike path 4i Topsoil 5 Temporary Shoring @ turning lane 6 Asphalt Paving 6a 4" asphalt 6b 8" base 6c Traffic Markings 7 Unit Pavers @ crosswalk 7a Subslab for concrete pavers 8 Site Concrete 8a 6' sidewalk 8b Curb & Gutter 8c H/C ramp 8d Valley Gutter 8e 10' bike path 8f Stamped concrete pavement 8g Concrete pole bases 8h Concrete retaining wall 8i Retaining wall at Cul du sac 8j Guard rails 8k Removable bollards 9 Water Service 9a Water Service, new main 9b Tap existing main 9c Hydrants 9d Gate Valves 9e Fire Service 10 Sanitary Service 10a 10".PVC sanitary sewer 10b 8" PVC sanitary sewer 1 0c Sanitary sewer manholes LS 1 $20,000.00 LS 1 $91,800.00 $91,800.00 LS 1 $8,000.00 $8,000.00 SF 25,125 $2.00 $50,250.00 LF 1,700 $6.88 $11,696.00 LS 1 $25,000.00 $25,000.00 LS 1 $39,000.00 $39,000.00 LS 1 $23,200.00 $23,200.00 LS 1 $14,000.00 $14,000.00 LS 1 $18,550.00 $18,550.00 CY 10,000 $15.00 $150,000.00 CY 10,000 $22.00 $220,000.00 SF 208,571 $0.525 $109,596.76 SF 97,000 $0.57 $55,290.00 SF 78,639 $0.20 $15,727.80 LS 1 $40,000.00 $40,000.00 SF 78,639 $0.30 $23,591.70 SF 5,100 $19.60 $99,960.00 SF 65,656 $2.53 $166,109.68 SF 65,656 $1.25 $82,070.00 LS 1 $5,000.00 $5,000.00 SF 3,623 $12.00 $43,476.00 SF 3,623 $5.00 $18,115.00 SF 12,474 $5.00 $62,370.00 LF 4,678 $25.00 $116,950.00 EA 15 $275.00 $4,125.00 LF 133 $20.00 $2,660.00 SF 11,272 $5.50 $61,996.00 SF 1,200 $20.00 $24,000.00 EA 70 $714.28 $49,999.60 CY 170 $423.53 $72,000.10 SF 2,600 $55.00 $143,000.00 LS 1 $35,000.00 $35,000.00 EA 2 $3,000.00 $6,000.00 LF 2,370 $75.00 $177,750.00 EA 2 $10,000.00 $20,000.00 Ea 8 $7,500.00 $60,000.00 Ea 10 $4,200.00 $42,000.00 LF 374 $53.48 $20,001.52 LF 2,240 $53.00 $118,720.00 LF 495 $65.00 $32,175.00 EA 12 $6,064.00 $72,768.00 10d Sanitary sewer taps 11 Storm Sewer lie 24" RCP 11b 48" RCP 11 c Inlets 11 d Man holes 11 a Sand-oil interceptor 11f 18" RCP 12 Utility Trenching (gas & electric) 13 Fencing (north property line) 14 Landscaping 14a Trees 14b Shrubs 14c Sod/Seed 14d irrigation 14e Mulch 14f Soil preparation 15 Stone at Avon Rd. Retaining Wall 16 Electrical 16a Relocate fiber optics 16b Relocate existing light poles 16c Electrical service/transformer vaults 16d Communication vaults 16e Splice vaults 16f Joint trench 16g Electrical trench 16h Riverfront Dr. Street Lights 17 Directional signage / street signage EA 2 $10,000.00 $20,000.00 LF 589 $85.41 $50,306.49 LF 111 $221.60 $24,597.60 EA 9 $4,889.00 $44,001.00 EA 21 $4,286.00 $90,006.00 EA 1 $12,519.00 $12,519.00 LF 1,718 $54.29 $93,270.22 LF 1,900 $10.00 $19,000.00 LF 1,500 $35.00 $52,500.00 EA 231 $589.54 $136,183.74 EA 350 $34.17 $11,959.50 SF 97,476 $0.11 $10,722.36 LS 1 $74,678.00 $74,678.00 SF 1,936 $1.74 $3,368.64 SF 46,312 $0.45 $20,979.34 SF 2,500 $28.00 $70,000.00 $0.00 LS 1 $375,000.00 $37500.00 LS 1 $7,500.00 $7,500.00 EA 5 $1,850.00 00 $9,250.00 00 000 $75 EA 5 $15,000. . , EA 1 $5,000.00 .$5,000-00 LF 3,342 $50.57 $169,004.94 LF 1,920 $17.49 $33,580.80 EA 70 $3,372.00 $236,040.00 LS 1 $40,000.00 $40,000.00 SUBTOTAL $4,136,415.79 Engineering 6.5% $268,867.03 TOTAL $4,405,282.81 r:nntinnencv 10.0% $440,528.28 • A • • Public Plaza 1 Concrete Foundation/Caissons la Layout EA 21 $65.19 $1,368.99 1b Drill Casissons LF 525 $14.04 $7,371.00 1 c Place concrete at caissons CY 165.93 . $17.55 $2,912.07 Id Reinforcing' LF 15,418 $0.52 $8,017.36 1e Concrete materials CY 164.93 $197.20 $32,524.20 if 36" casting LF 525 $15.21 $7,985.25 2 Concrete Substructure $0.00 2a Precast floor tees SF 18,000 $11.37 $204,660.00 2b Precast beams LF 320 $206.73 $66,153.60 2c Reber SF 18,000 $0.44 $7,920.00 2d Prep Topping slab SF 18,000 $0.18 $3,240.00 2e Concrete topping CY 222 $191.09 $42,421.98 2f Pump Concrete topping CY 222 $14.04 $3,116.88 2g Concrete Stairs & Landing LS 1 $110,000.00 $110,000.00 2h Concrete paths to river access LS 1 $60,000.00 $60,000.00 3 Waterproofing SF 18,000 $6.00 $108,000.00 4 Protective concrete slab SF 18,000 $5.00 $90,000.00 5Insulation SF 18,000 $6.41 $115,380.00 6 Snow melt SF 18,000 $13.77 $247,860.00 7 Deck Pavers SF 18,000 $8.00 $144,000.00 8 Railings LS 1 $35,000.00 $35,000.00 9 Deck Furnishings EA 10 $1,648.00 $16,480.00 10 Landscaping SF 18,000 $5.00 $90,000.00 11 Public Restrooms LS 1 $300,000.00 $300,000.00 12 Plaza Lighting LS 1 $80,000.00 $80,000.00 SUBTOTAL $1,784,411.33 Engineerirn 6.5% $115,986.74 TOTAL $1,900,398.06 Contingenc 10.0% $190,039.81 0 • 1 Riverfront Park (includes lighting, landscaping & Furnishing., SF 140,000 $5.00 $700,000.00 2 East bike path SF LS 4,200 1 $5.50 $40,000.00 $23,100.00 $40,000.00 3 Modify existing retaining wall LS 1 $25,000.00 $25,000.00 4 Protective fencing at retaining wall SUBTOTAL $788,100.00 Engineerin 6.5% $51,226.50 TOTAL $839,326.50 r:nntinam 10.0% $83,932.65 E • CONFLUENCE LANDSCAPING COST ESTIMATE ' Landscaping is anticipated to, be extensive.throughout the public areas of the District including Estimated Cost streetscape and pedestrian areas. Improvements include trees, shrubs, mulch and flower beds, turf and native grasses, fencing, retaining walls, irrigation, etc.. Additional landscaping and irrigation may be,installed'on the south side of the Eagle River pending easement agreements with the. land. owners. $500,000.00 • • Q J U Q z O Q w U W D z a Cf) Y Q d T E ~IINUIUII ~ ~ O _ G~ :tip ~ 7 ~ `'l ~ ) ~ I~IIIII ~ N e ~ 14 j ~ , ~ ' ~ 1 1 1 ~.tr / i I r I 41 L_J ~~f t! / j ~ N I • • 0 a- Q Q Z a ac z Q Cl) W cr Cn i J I __df Jp I I, LI J r: r I i } I ~ t N V e~1' 1 ~ W ~n ~ ; z o n IIIII~~I .;m3n pW~ Illlllnlll.3. 10- A r u / . t ~ ' -451 a W F LL Z 0 Q 0 f~ Z ac H ~ ~ • I ll lu~ l ll , l ~ - , ~~J,,+3~ . ..1 III. r ;;'t`ip II III . 4114 . ~ S V! P O 17 3M W W 0 rn ~v. 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V U UB f-UZUU Q 0 F-USUU Q UZUU ti u h O M .o Q 6 O u u .YC E C O 'o a 0 M m f7~ V ' 0.4 r1 T~ • • • $16,375,000.00 Confluence/Avon Station Metropolitan Districts Revenue Bonds Series 2006 Sources & Uses Dated 04/0112006 Delivered 04/01/2006 Sources Of Funds Par Amount of Bonds $16,375,000.00 Total Sources Uses Of Funds S 16,375,000.00 TotalUnderwriteesDiseount (1.100%) 180,125.00 Costs of Issuance 130,000.00 Total Letter of Credit Fee Paid at Closing 60,696.67 Deposit to Project Construction Fund 16,000,000.00 Rounding Amount 4,178.33 Total Uses $16,375,000.00 Revenue Bonds Series 2006 Net Debt Service Schedule DATE PRINCIPAL COUPON INTEREST LOC TOTAL P+i EXPENSES NET NEW D/S 12/01/2006 - 0.00% 383,130.12 257,783.46 640,91358 15,351.57 656,265.15 12101/2007 - 0.00% 573,124.98 343,711.28 916,836.26 20,468.76 937,305.02 12/01/2008 - 0.00% 573,257.97 343,71118 916,969.25 20,468.76 937,438.01 12/01/2009 - 0.00°/0 572,991.98 343,711.28 916,703.26 20,468.76 937,172.02 12/01/2010 5,000.00 3500/6 573,124.98 343,685.04 921,810.02 20,467.20 942,277.22 12/01/2011 5,000.00 3.50% 572,950.02 343,580.08 921,530.10 20,460.96 941,991.06 12/11/2012 5,000.00 3.50% 572,907.91 343,475.12 921,383.03 20,454.71 941,837.74 12/01/2013 5,000.00 3.50% 572,467.11 343,370.17 920,837.28 20,448.44 941,285.72 12/01/2014 5,000.00 3.50% 572,425.01 343,265.24 920,690.25 20,442.20 941,132.45 12/01/2015 5,000.00 3.50% 572,249.98 343,160.28 920,410.26 20,435.96 940,84622 12/01/2016 5,000.00 3.50% 572,207.74 343,055.32 920,263.06 20,429.71 940,692.77 12101/2017 5,000.00 3.50% 571,767.30 342,950.37 919,717.67 20,423.44 940,141.11 12/01/2018 5,000.00 3.50% 571,725.05 342,845.44 919,570.49 20,417.20 939,987.69 12/01/2019 5,000.00 3.50% 571,549.97 342,740.48 919,290.45 20,410.96 939,701.41 12101/2020 5,000.00 3.50% 571,507.60 342,635.52 919,143.12 20,404.71 939,547.83 12/01/2021 5,000.00 3.50% 571,067.49 342,530.57 918,598.06 20,398.44 938,996.50 12/01/2022 5,000.00 3.50% 571,024.97 342,425.64 918,450.61 20,392.20 938,842.81 i 12/01/2023 5,000.00 3.50% 570,850.00 342,320.68 918,170.68 20,385.96 938,556.64 12/01/2024 5,000.00 3.50% 570,807.43 342,215.72 918,023.15 20,379.71 938,402.86 12/01/2025 16,300,000.00 3.50% 570,367.58 256,602.75 17,126,970.33 15,281.25 17,142,251.58 Total $16,375,000.00 - $11,251,505.19 $6,689,775.72 $34,316,280.91 5398,390.90 $34,714,671.81 Series 2006 - 6cenarb 1 I SINGLE PURPOSE 1 21912006 1 1025 AM • Confluence/Avon Station Metropolitan Districts Series 2009 Sources & Uses Dated 09/0112009 Delivered 0910112009 Sources Of Funds Par Amount of Bonds S16,730,000.00 Total Sources Uses Of Funds S16,730,000.00 Total Underwriter's Discount (1.500%) 250,950.00 Costs of Issuance 100.000.00 Deposit to Current Refunding Fund 16,375,000.00 Capital Improvements 4,050.00 Total Uses S16,730,000.00 Preliminary $16,730,000.00 j Confluence/Avon Station Metropolitan Districts I Limited Tax General Obligation Bonds Series 2009 Net Debt Service Schedule EXISTING j DATE PRINCIPAL COUPON INTEREST TOTAL P+I D/S NET NEW D/S j 12/01/2009 0.00% 240,115.00 240,115.00 48,676.37 288,79137 12/01/2010 0.00% 960,460.00 960,460.00 - 960,460.00 12/01/2011 85,000.00 4.10% 960,460.00 1,045,460.00 - 1,045,460.00 12/01/2012 385,000.00 4.40% 956,975.00 1,341,975.00 - 1,341,975.00 12/01/2013 405,000.00 4.55% 940,035.00 1,3451035.00 - 1,345,035.00 12/01/2014 420,000.00 4.70% 921,607.50 1,341,607.50 - 1,341,607.50 12/01/2015 440,000.00 4.85% 901,867.50 1,341,867.50 - 1,341,867.50 I 12/01/2016 465,000.00 5.00% 880,527.50 1,345,527.50 1,345,527.50 I 12/0112017 485,000.00 5.15% 857,277.50 1,342,277.50 - 1,342,277.50 12/01/2018 510,000.00 5.30% 832,300.00 1,342,300.00 - 1,342,300.00 ' 12/01/2019 540,000.00 5.40% 805,270.00 1,345,270.00 - 1,345,270.00 I 12101/2020 565,000.00 5.50% 776,110.00 1,341,110.00 - 1,341,110.00 12/01/2021 600,000.00 5.60% 745,035.00 1,345,035.00 - 1,345,035.00 12/01/2022 630,000.00 5.65% 711,435.00 1,341,435.00 - 1,341,435.00 12/01/2023 670,000.00 5.75% 675,840.00 1,345,840.00 - 1,345,840.00 12/01/2024 705,000.00 5.80% 637,315.00 1,342,315.00 00 - 1,342,315.00 341 425 00 1 12/01/2025 745,000.00 5.85% 596,425.00 1,341,425. - , . , 12/01/2026 790,000.00 5.90% 552,842.50 1,342,842.50 - 1,342,842.50 12101/2027 835.000.00 5.95% 506,232.50 1,341,232.50 - 1,341,232.50 12/0112028 885,000.00 6.00% 456,550.00 1,341,550.00 - 1,341,550.00 12/01/2029 940,000.00 6.05% 403,450.00 1,343,450.00 - 1,343,450.00 12/01/2030 995,000.00 6.05% 346,580.00 1,341,580.00 - 1,341,580.00 12/01/2031 1,060,000.00 6.10% 286,382.50 1,346,382.50 - 1,346,38230 12/01/2032 1,120,000.00 6.15% 221,722.50 1,341,722.50 - 1,341,722.50 12/01/2033 1,190,000.00 6.20% 152,842.50 1,342,842.50 - 1,342,842.50 12/01/2034 1,265,000.00 6.25% 79,062.50 1,344,062.50 - 1,344,062.50 Total $16,730,000.00 - $16,404,720.00 $33,134,720.00 $48,67637 $33,183,39637 • Piper Jaffray & Co. Fixed Income Capital Markets t~ EXHIBIT F Statutory Contents of Service Plan 1. A description of the. proposed services; 2. A financial plan showing how the proposed services are to be financed; 3. A preliminary engineering or architectural survey showing' how the proposed services are to be provided; .4. A map of the districts' boundaries and an estimate of the population and' valuation for - assessment of the district; 5. A general description of "the facilities to be ,constructed and the standards of such construction, including a statement of how the facility and service standards of the district is compatible with facility and service standards of the Town of Avon and of special districts that are interested parties pursuant to §32-1-204(1), C.R.S.; 6. A general description of the estimated cost of acquiring land, engineering services, legal` services, administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts, and other major expenses related to the organization and initial operation of the. districts; 7. A description of any arrangement or proposed agreement with any political `subdivision for the performance of any services between the district and such other political subdivision;. 8. Information satisfactory to establish that each` of the following criteria as set forth in §32=1-203(2), C.R.S., has been met: (a) there-is sufficient existing and projected need for.organized service in the area - to be serviced by the proposed special district. (b) The existing'service in the area to be served by the proposed special district is inadequate. for.piesent and projected 'needs. (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. (d) The area to be included in the proposed special district has, or will have, the . financial ability to discharge "the proposed indebtedness on a reasonable basis. •