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2009-42

A RESOLUTION

AUTHORIZING A FURTHER EXTENSION OF THE DEADLINE TO FILE A SERVICE PLAN AMENDMENT FOR FOSSIL RIDGE METROPOLITAN DISTRICT NO. 4

WHEREAS, the City Council of the City of Lakewood conditionally approved a Service Plan for the Fossil Ridge Metropolitan District No. 4 on August 8, 2005; and

WHEREAS, pursuant to a Second Amended and Restated Service Plan approved by the City Council on August 27, 2007, Fossil Ridge Metropolitan District No. 4 was required to receive approval from City Council by December 31, 2008 of an amendment that sets forth more detail regarding facilities and services to be provided by Fossil Ridge Metropolitan District No. 4 and a financing plan to do so; and

WHEREAS, the City Council by resolution granted the request of Fossil Ridge Metropolitan District No. 4 for a one-year extension, until December 31, 2009, of the deadline for obtaining Council approval of an amendment to the Service Plan due to the economic circumstances that made development undesirable at that time; and

WHEREAS, the property owners within Fossil Ridge Metropolitan District No. 4 have requested that a further extension be granted, for an additional two years, up to and including December 31, 2011, because the economic climate has, if anything, only worsened since the last extension was granted, and development in the area is still not desirable; and

WHEREAS, the City Council has considered such request and is willing to grant Fossil Ridge Metropolitan District No. 4 a two-year extension, until December 31, 2011, of the deadline to file such amendment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakewood, Colorado that:

SECTION 1.  The City Council of the City of Lakewood hereby approves an extension until December 31, 2011, for Fossil Ridge Metropolitan District No. 4 to obtain approval from City Council of an amendment to the Second Amended and Restated Service Plan, which amendment must contain all of the requirements as set forth in the Second Amended and Restated Service Plan.

INTRODUCED, READ AND ADOPTED by a vote of 11 for and 0 against at a regular meeting of the City Council on September 14, 2009, at 7 o’clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

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