Attachment C - Model IGA

ATTACHMENT C INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into by and between the City of Boulder, Colorado, a municipal corporation of the State of Colorado (the “City”), and ____________ Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado (the “District”). RECITALS WHEREAS, the District was organized to provide those services and to exercise those powers as are more specifically set forth in the District’s Service Plan dated _________, 20__, as amended from time to time by City approval (the “Service Plan”); and WHEREAS, the Service Plan and Chapter 12 of Title 8 of the City Code of the City (the “City Code”) require the execution of an intergovernmental agreement between the City and the District; and WHEREAS, the City and the District are authorized by Article XIV of the Colorado Constitution and Title 29, Article 1, Part 2, C.R.S., to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each governmental entity; and WHEREAS, the City and the District have determined it to be in their best interests to enter into this Intergovernmental Agreement (“Agreement”); and NOW, THEREFORE, for and in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. Incorporation by Reference. The Service Plan and the City Code are hereby incorporated in this agreement by this reference. The District agrees to comply with all provisions of the Service Plan, as it may be amended from time to time in accordance with the provisions thereof, and the City Code, as amended from time to time, and Title 32, Article 1, C.R.S., as amended from time to time (the “Special District Act”). The District agrees to comply with and is subject to all of the City’s zoning, subdivision, building code and other land use requirements. 2. Maintenance of Public Improvements. The District agrees that it shall maintain the following Public Improvements, as shown in Exhibit A attached hereto and made a part hereof. 3. Notice to Property Owners. The District agrees that it shall record a Notice of Inclusion in Metropolitan District substantially in the form attached hereto as Exhibit B on all property located within the District’s boundaries.

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4. Enforcement. The parties agree that this Agreement may be enforced in law, or in equity for specific performance, injunctive, or other appropriate relief. The parties also agree that this Agreement may be enforced pursuant to the City Code, Section 32-1-207, C.R.S. and other provisions of the Special District Act granting rights to municipalities or counties approving a service plan of a special district. 5. Outside Review and Additional Costs. Subject to appropriation by the District, the District agrees to pay all costs that the City may reasonably incur in retaining outside counsel or consultants for the purpose of reviewing the Service Plan and any relevant materials, as well as any additional reasonable costs incurred by the City, which are directly related to a request by the District for the City’s interpretation of the Service Plan, any amendment to the Service Plan or a material modification of the Service Plan. The District shall notify the City whether it has appropriated funds for such costs prior to review by the City of any request by the District for the City’s interpretation of the Service Plan, any amendment to the Service Plan or a material modification of the Service Plan. 6. Entire Agreement of the Parties. This Agreement constitutes the entire agreement between the parties and supersedes all prior written or oral agreements, negotiations, or representations and understandings of the parties with respect to the subject matter contained herein. 7. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by a written agreement duly authorized and executed by the parties hereto. 8. Governing Law; Venue. The internal laws of the State of Colorado shall govern the interpretation and enforcement of this Agreement, without giving effect to choice of law or conflict of law principles. The parties hereby submit to the jurisdiction of and venue in the district court in either Adams County or Jefferson County, Colorado. In any proceeding brought to enforce the provisions of this Agreement, the prevailing party therein shall be entitled to an award of reasonable attorneys’ fees, actual court costs and other expenses incurred. 9. Beneficiaries. Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the named parties and is not intended to, and shall not be deemed to confer any rights upon any persons or entities not named as parties. 10. Effect of Invalidity. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either party or as to both parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not cause the entire agreement to be terminated. 11. Assignability. Neither the City nor the District shall assign their rights or delegate their duties hereunder without the prior written consent of the other party. 12. Successors and Assigns. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

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METROPOLITAN DISTRICT By: _________________________________ President

ATTEST: By: ________________________________ Secretary

CITY OF BOULDER, COLORADO

By: _________________________________ Mayor ATTEST: By: ________________________________ City Clerk

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Exhibit A to Intergovernmental Agreement Public Improvements to be Maintained by the District

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Exhibit B to Intergovernmental Agreement NOTICE OF INCLUSION IN METROPOLITAN DISTRICTAND POSSIBLE PROPERTY TAX CONSEQUENCES

Legal description of the property;

See Exhibit A attached hereto and incorporated by reference

This property is located in the following metropolitan district:

[NAME OF DISTRICT] (the “District”) The District’s Service Plan (the “Service Plan”) and intergovernmental agreement between the District and the City of Boulder, which can be amended from time to time, include descriptions of the District’s powers, authority and limitations. A copy of the Service Plan is available from the Division of Local Government in the Colorado Department of Local Affairs. A copy of the Intergovernmental Agreement is available from the District or the City of Boulder. The District is authorized by Title 32, Article 1, Colorado Revised Statutes, to use a number of methods to raise revenues for capital needs and general operations costs. These methods, subject to certain limitations imposed by Section 20 of Article X of the Colorado Constitution and the Service Plan, include issuing debt, levying taxes, and imposing fees, tolls and charges. The maximum debt mill levy that can be imposed by the District is 50 mills, subject to adjustment as provided in the Service Plan. The maximum mill levy that the District can impose for operations and maintenance is 15 mills, subject to adjustment as provided in the Service Plan.

Additionally, the District is required to impose a mill levy for regional improvements of 3 mills, subject to adjustment as provided in the Service Plan.

Information concerning directors, management, meetings, elections, and current taxes are provided annually in the Notice to Electors described in Section 32-1-809(1), Colorado Revised Statutes, which can be found at the District office, on the District’s website, on file at the Division

of Local Government in the Colorado Department of Local Affairs, or on file at the office of the Clerk and Recorder of each county in which the District is located.

In addition to standard property tax identified on the next page, this property is subject to a metropolitan district mill levy (another property tax) of up to:

[__] mills (total for debt service, operations and maintenance, and regional improvements), subject to adjustment, as described in the Service Plan

Based on the property’s inclusion in the District, a commercial parcel with a sale price of $[____] could result in ADDITIONAL annual property taxes up to;

$[____]

Based on the property’s inclusion in the District, a residential parcel with a sale price of $[______] could result in ADDITIONAL annual property taxes up to;

$[____]

Additionally, based on estimated growth of [__]% in assessed value upon biennial reassessment, as reflected in the Financial Plan attached as Exhibit F to the Service Plan, a commercial parcel with a sale price of $[____] would be valued at $[___] after the first biennial reassessment, and the property’s inclusion in the District could result in HIGHER annual property taxes after the first reassessment up to; $[____]

Additionally, based on estimated growth of [__]% in assessed value upon biennial reassessment, as reflected in the Financial Plan attached as Exhibit F to the Service Plan, a residential parcel with a sale price of $[______] would be valued at $[___] after the first biennial reassessment, and the property’s inclusion in the District could result in HIGHER annual property taxes after the first reassessment up to;

$[____]

The Financial Plan estimates that the assessed value of property in the District will grow by [__]% upon each biennial reassessment, which could result in HIGHER property taxes each time the property is reassessed, despite the imposition of the same number of mills. The next page provides examples of estimated total annual property taxes that could be due on this property, first if located outside the District and next if located within the District. Note: property that is not within the District would not pay the ADDITIONAL amount. The District’s Board of Directors can be reached as follows;

You may wish to consult with: (1) the Boulder County Assessor’s Office to determine the specific amount of District property taxes currently due on this property; and (2) the District’s Board of Directors to determine if the Service Plan has been amended.

ESTIMATE OF PROPERTY TAXES

Annual Tax Levied on Commercial Property with $[____] Actual Value Without the District Mill Levy: Taxing Entity

Mill Levies (20__**)

TOTAL

Annual Tax Levied Without Growth in Assessed Value $

Estimated Tax Levied in 20__ Assuming __% Growth at Biennial Reassessment $

$

$

Annual Tax Levied on Commercial Property with $[____] Actual Value With the District Mill Levy (Assuming Maximum District Mill Levy):

Taxing Entity

Mill Levies (20__**)

TOTAL

Annual Tax Levied Without Growth in Assessed Value $

Estimated Tax Levied in 20__ Assuming __% Growth at Biennial Reassessment $

$

$

Annual Tax Levied on Residential Property with $[____] Actual Value Without the District Mill Levy:

Taxing Entity

TOTAL

Mill Levies (20__**)

Annual Tax Levied Without Growth in Assessed Value $

Estimated Tax Levied in 20__ Assuming __% Growth at Biennial Reassessment $

$

$

Annual Tax Levied on Commercial Property with $[____] Actual Value With the District Mill Levy (Assuming Maximum District Mill Levy):

Taxing Entity

TOTAL

Mill Levies (20__**)

Annual Tax Levied Without Growth in Assessed Value $

Estimated Tax Levied in 20__ Assuming __% Growth at Biennial Reassessment $

$

$

**This estimate of mill levies is based upon mill levies certified by the Boulder 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 Boulder County Assessor’s Office to obtain accurate and current information.