HomeMy WebLinkAbout25-84 Approving Amendment to Barefoot Lakes F7B Subdivision Agreement 07-23-2025RESOLUTION NO. 25-84
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN AMENDMENT TO THE
BAREFOOT LAKES FILING 7B SUBDIVISION AGREEMENT
WHEREAS, the Town of Firestone ("Town") and Barefoot, LLC ("Owner") entered into
that certain Subdivision Agreement regarding the Barefoot Lakes Filing 7B subdivision, dated
May 14, 2025 (the "Original Agreement"), in furtherance of the subdivision and residential
development of approximately 61 acres, more or less, of real property, as more fully described in
Exhibit A to the Original Agreement ("Property"); and
WHEREAS, the Town and Owner desire to amend certain provisions of the Original
Agreement to clarify: (a) the Town's rights to withhold building permits until Owner's timely
completion of certain public improvements related to Filing 7A; (b) the impact fees that will be
applied to the lots created through the Filing 7B subdivision, as more fully set forth in the proposed
First Amendment to Barefoot Lakes Filing 7B Subdivision Agreement, attached hereto as Exhibit
A.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
1. The First Amendment to Barefoot Lakes Filing 7B Subdivision Agreement between
the Town of Firestone and Barefoot, LLC is approved in substantially the same form as the copy
attached to this resolution. The Mayor is authorized to execute the agreement on behalf of the
Town.
PASSED AND ADOPTED this 23rd day of July, 2025.
Don Conya`o,
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EXHIBIT A
[First Amendment to Barefoot Lakes F7B Subdivision Agreement]
BAREFOOT LAKES FILING 7B
SUBDIVISION AGREEMENT
THIS SUBDIVISION AGREEMENT ("Agreement") is made and entered into this 23rd
day of July, 2025, by and between the TOWN OF FIRESTONE, a Colorado municipal
corporation, 9950 Park Avenue, Firestone, Colorado, 80504, hereinafter referred to as "Firestone"
or "Town," and BAREFOOT LLC, a Colorado limited liability company, 6465 S. Greenwood
Plaza Boulevard, Suite 700, Centennial, CO 80111, hereinafter referred to as "Owner;" and
WHEREAS, Owner has submitted a Final Plat for Barefoot Lakes Filing 7B
("Development") attached hereto as "Exhibit A" and incorporated herein by reference. Said Final
Plat has been approved by Firestone; and
WHEREAS, the real property included in the Subdivision is subject to is subject to that
certain Annexation Agreement dated May 27, 2015 among Owner, Town, and St. Vrain Lakes
Metropolitan District Nos. 1-4 recorded with the Weld County Clerk and Recorder on October 12,
2015 at Reception No. 4149332 (as amended, the "Annexation Agreement") and that certain
Development and Vested Rights Agreement (Barefoot Lakes Annexation) dated May 27, 2015
between Brookfield, Town, and St. Vrain Lakes Metropolitan District Nos. 1-4 recorded with the
Weld County Clerk and Recorder on October 12, 2015 at Reception No. 4149333
("Development/Vesting Agreement") and together with the Annexation Agreement, the
"Agreements"). The Agreements govern the mutual agreements, responsibilities and obligations
between the Town and Owner, as master developer, regarding the larger Barefoot community in
the Town ("Overall Barefoot Community"); and
WHEREAS, The Development will receive water service from the Little Thompson Water
District ("Little Thompson") per the Will Serve Letter dated October 15, 2004 and subsequent
agreements, pursuant to Section 29-20-301 C.R.S. et seq.; and
WHEREAS, the regulations of Firestone require that the Owner enter into an Agreement
with Firestone relative to improvements related to the Development; and
WHEREAS, this standard agreement has been modified by the parties as indicated by the
addition of certain special provisions, if any, in Section IX.
NOW, THEREFORE, in consideration of the foregoing, the parties hereto promise,
covenant and agree as follows:
I. TOWN ADMINISTRATIVE OFFICIAL
For the purposes of this Agreement, "Town Administrative Official" shall be defined as the Town
Manager or his or her designee.
II. DEVELOPMENT OBLIGATION AND COORDINATION
Owner shall be responsible for performance of the covenants set forth herein. Unless specifically
provided in this Agreement to the contrary, all submittals to Firestone and acceptances required of
Firestone in connection with this Agreement shall be submitted to, or rendered by, the Town
Administrative Official, who shall have general responsibility for coordinating development with
Owner.
III. PUBLIC USE DEDICATION
Owner shall convey to Firestone certain lands as described as open space and park in "Exhibit A"
attached hereto and incorporated herein by reference. Conveyance of these lands shall be by plat
dedication in form and substance acceptable to Firestone. If not already conveyed, conveyance
shall be made within thirty (30) days of the date of this Agreement. Owner shall also furnish at
the time of conveyance, at its own expense, an ALTA title policy for all interest(s) so conveyed,
subject to acceptance by the Town of Firestone. The property shall be free and clear of liens, taxes
and encumbrances except for ad valorem real property taxes up to the date of dedication to the
Town, but subject to all easements, rights -of -way, reservations, restrictions or other title burdens
of record.
IV. PUBLIC AND COMMON FACILITIES IMPROVEMENTS
Owner agrees to design, construct and install according to Town accepted plans, all public
improvements and common facilities specifically regulated necessary for the Development
including, but not limited to, street, alley, curb, gutter, sidewalks, landscaping, irrigation, fencing,
street lights, water, waste water, storm sewer and drainage improvements, trails and park
improvements on and off of the Development (hereinafter, "Public Improvements" and "Common
Facilities") and as described in "Exhibit B" attached hereto and made part hereof. Owner agrees
to dedicate said improvements to Firestone, or others for the common facilities, and give a two (2)
year guarantee for all improvements constructed.
A. Construction Standards
Owner shall construct all improvements required by this Agreement, and any other
improvements constructed in relation to the Development, in accordance with plans and
specifications accepted in writing by Firestone, and in full conformity with Firestone's
current Design Standards and Construction Specifications for Public Improvements
("Standards and Specifications"), ordinances and regulations.
B. Engineering and Consulting Services
Owner agrees to furnish, at its expense, all necessary engineering and consulting services
relating to the design and construction of the Development, including but not limited to,
street, alleys, curb, gutter, sidewalks, landscaping, irrigation, fencing, street lights, signage,
water, waste water, storm sewer and drainage improvements, trails and park improvements.
Said engineering and consulting services shall conform to the standards and criteria for
Public Improvements as established and accepted by Firestone. These services shall be
performed by or under the supervision of a Registered Professional Engineer and/or
Registered Land Surveyor, or other professionals as appropriate, licensed by the State of
Colorado, and in accordance with applicable Colorado law. The design services shall
include inspection services deemed necessary by Firestone.
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C. Plan Submission and Acceptance
Owner shall furnish to the Town Administrative Official the required fees and complete
plans for all improvements and development phases. Firestone shall issue its written
acceptance or rejection of said plans as expeditiously as reasonably possible. Said
acceptance or rejection shall be based upon the standards and criteria for Public
Improvements as established by Firestone, and Firestone shall notify Owner of all
deficiencies which must be corrected prior to acceptance. All deficiencies shall be
corrected and said plans shall be resubmitted to and accepted by Firestone prior to
construction. All acceptances required hereunder from Firestone shall be made by the
Town Administrative Official.
D. Public Improvement Permits ("PIP")
Before the construction or installation of any Improvements, Owner shall obtain a PIP from
Firestone as provided in the Code. The PIP application, fees, plans, specifications and any
other data filed by Owner will be reviewed by Firestone. If found to be complete and in
accordance with Firestone's current Standards and Specifications and other pertinent
requirements, Firestone will issue Owner the PIP. Owner shall reimburse Firestone for any
additional expenses incurred by Firestone for the review of plans or inspection of
construction work by consultants engaged by Firestone for that purpose. The Developer
shall also apply and pay for a PIP for all Common Facilities.
E. Licensing of Contractors and/or Subcontractors
Owner shall ensure that all Contractors and subcontractors employed by the Owner shall
be licensed by the Town before any work on the Improvements is commenced.
F. Testing and Inspection
Testing and inspection of the construction and materials shall be in accordance with
Firestone's current Standards and Specifications. In addition, Owner shall employ, at its
own expense, a licensed and registered testing company, to perform all testing of materials
or construction that may be required by Firestone. Owner shall furnish copies of test results
to the Town Administrative Official on a timely basis for review and acceptance prior to
commencement or continuation of that particular phase of construction. At all times during
said construction, Firestone shall have access to inspect the materials and workmanship of
said construction and all materials and work not conforming to the accepted plans and
specifications shall be repaired or removed and replaced at Owner's expense so as to
conform to the accepted plans and specifications.
All work shown on the accepted plans requires inspection by the Engineering Division.
Except Town of Firestone holidays, inspection services are provided Monday through
Friday, from 8:00 a.m. to 4:00 p.m. During the hours listed above, inspections shall be
scheduled a minimum of 24 hours in advance with the Engineering Division. Requests for
inspection services beyond the hours listed above shall be submitted a minimum of 48
hours in advance in writing to the Town Engineer for acceptance. Owner shall reimburse
the Town for all direct costs of the after-hours inspection services. If the request is denied,
the work shall not proceed before or after the hours listed above.
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Common Facilities shall have inspections performed by a professional consulting service
acceptable to Firestone. At all times Firestone shall have access to inspect the materials
and workmanship of the Common Facilities if deemed necessary by Firestone. Inspection
services for landscaping will also include the selection and tagging of plant materials prior
to delivery to the site. Landscape and irrigation inspection services shall conform to the
Firestone's current Standards and Specifications or Development Code.
G. Rights -of -way, Easements and Permits
Prior to commencement of construction of Public Improvements that require additional
rights -of -way to be acquired, Owner shall acquire at its own expense and convey to
Firestone, all necessary land, rights -of -way and easements required by Firestone for the
construction of the proposed improvements related to the Development. Owner is only
obligated to acquire that portion of land, rights -of -way and easements necessary for the
construction of Public Improvements, roads and utilities required by this Agreement.
All such conveyances shall be free and clear of liens, taxes and encumbrances and shall be
by Special Warranty Deed or easement in a form and substance acceptable to Firestone.
All title documents shall be recorded by Firestone at Owner's expense. Owner shall also
furnish, at its own expense, an ALTA title insurance policy for all interest(s) so conveyed,
subject to acceptance by Firestone.
Owner shall be responsible for obtaining the following to the extent applicable:
All permits as required by the United States Corps of Engineers.
2. Colorado Department of Health and Environment ("CDPHE") "General
Permit for Stormwater Discharges Associated with Construction Activity",
required during construction.
Town of Firestone "Stormwater Quality Permit" per Firestone's current
Standards and Specifications.
4. Air Quality Permit.
H. Street Improvements
Owner shall furnish and install, at its own expense, the street improvements in conformance
with the drawings, plans and specifications accepted by Firestone and in accordance with
the PIP.
I. Sidewalk Improvements
Owner shall furnish and install, at its own expense, all sidewalk improvements in
conformance with the drawings, plans and specifications accepted by Firestone.
J. Street Signs, Traffic Signs, and Striping
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Owner will furnish and install at Owners expense street name signs, striping, stop signs,
speed limit and other signs on all streets, in accordance with the Manual of Uniform Traffic
Control Devices, as from time to time amended, and other applicable legal requirements.
K. Street Lights
Owner shall furnish complete plans for street lighting to be reviewed and accepted by
Firestone. The total cost of street light installation shall be Owner's obligation. Owner shall
cause, at its own expense, United Power to install all required street lighting pursuant to
United Power plans and specifications as submitted to and accepted in writing by the Town
Administrative Official. Said street lights shall be installed concurrently with the streets
on which they are located. The type of street lights shall be accepted by Firestone. Street
lights shall be operational prior to Initial Acceptance. Owner shall be responsible for
payment of all utility billing for street lights prior to Final Acceptance.
L. Water Improvements
Owner shall furnish and install all water mains, lines, and appurtenances in conformance
with the drawings, plans and specifications approved by the Little Thompson Water
District.
M. Wastewater Improvements
Owner shall furnish and install all sewer lines and appurtenances in conformance with the
drawings, plans and specifications approved by the St. Vrain Sanitation District.
N. Drainage Improvements
1. Drainage improvements for the Development shall be constructed by
Owner in accordance with drawings, plans and specifications accepted by
Firestone. Unless otherwise approved by Town, over lot grading shall not
be initiated by Owner until Firestone approves drainage improvement plans
by the issuance of the PIP. Owner shall provide temporary erosion control
during and after over lot grading until the site is stabilized.
2. Drainage improvements for the Development shall be constructed by the
Owner in accordance with accepted construction plans.
3. Owner shall be responsible for obtaining a CDPHE "General Permit for
Stormwater Discharges Associated with Construction Activity" required
during construction. A copy of this permit shall be submitted to Firestone.
4. Owner agrees that all construction shall be in conformance with any and all
National Pollutant Discharge Elimination Systems (NPDES) standards
including compliance with and applicable NPDES and CDPHE permits
issued to the Owner, applicable to the Development. The Owner further
agrees that in the event there is any violation of such standards or permits
issued, if the Town, as a result of the Owner's actions, is subject to or is
given a monetary fine, penalty or any type of obligation is imposed; such
circumstance will constitute a default under the terms of this Agreement.
Failure of the Owner to cure the default by reimbursement to the Town,
upon notice to cure as required by Section X.C herein, shall result in a
default of this Agreement.
5. Owner shall be responsible for obtaining a Town of Firestone "Stormwater
Quality Permit" per Firestone's current Standards and Specifications.
6. All drainage improvements not located on Town owned property shall be
maintained by the Owner, St. Wain Lakes Metropolitan District No. 1,
maintenance district, or final property owner (the "Obligated Entity").
Drainage improvements may include, but are not limited to: landscaping,
open areas, grass, shrubs, trees, retaining walls, sidewalks, ponds, pipes,
underdrains, swales, drain pans, and inlet and outlet structures.
7. Owner shall include the Obligated Entity in the final inspection procedures
for the drainage improvements and shall provide Firestone with the
Obligated Entity's written acceptance of the maintenance responsibility for
the drainage improvements prior to Final Acceptance.
O. Landscape Improvements
For public lands, common facilities, and rights -of -way, Owner shall furnish Firestone
complete final landscape and irrigation plans for each phase and obtain acceptance by
Firestone prior to commencement of construction. Owner shall construct landscape
improvements as required in the landscape plan before the constructed improvements are
accepted by Firestone. Landscape plans need not be provided for private landscaping on
single-family residential lots. For all development and Common Facilities other than
single-family detached development, Owner shall furnish final landscape and irrigation
plans to the Town Administrative Official for acceptance prior to installation of landscape
improvements.
P. Utility Coordination and Installation
Owner shall be responsible for coordination of and payment for installation of on -site and
off -site electric, street lights, natural gas, telephone, cable television and other such
utilities. All new and existing utilities shall be placed underground as required by the
Firestone Municipal Code ("Code") prior to the issuance of any building permit for the
Development. Necessary aboveground appurtenances (meters, transformers, etc.) shall be
carefully located with maximum aesthetic considerations, and outside of any sight
triangles. Any aboveground appurtenances that will be visible from the public rights -of -
way shall be screened from view. Screening shall consist of landscaping and/or, low
fencing shall be installed in accordance with the Firestone Development Code. Specifics
of the screening requirements shall be reviewed with the Landscape Plans and as amended
once utilities are installed.
Q. Underdrains
The Owner may choose to install foundation underdrains and a site wide underdrain
collection system under the sanitary sewer system. The Town grants the use of Town
owned right-of-way for these facilities but the Town assumes no maintenance
responsibility for the facilities. These underdrain systems shall be maintained by the
Obligated Entity.
The Owner shall install a curb underdrain system pursuant to the Standards and
Specifications and as shown on the Town accepted construction plans. This system shall
be maintained by the Town.
R. Maintenance Definition
Maintenance is the process of preserving capital improvements, structures, development,
or systems to meet its function or original intent of the facility. This is the preservation,
conservation, keeping in good conditions, operating safely, operating efficiently, testing,
inspection, servicing, repairing, grading, cleaning, picking up trash and debris, pest control,
painting, mowing, pruning, and prolonging of these facilities. Maintenance also includes
the provision of financial support to maintain the facilities. Facilities include but are not
limited to: landscaping, open areas, grass, shrubs, trees, playgrounds, site furniture and
fixtures, retaining walls, signs, sidewalks, drainage structures such as ponds, swales, drain
pans, inlets, and outlet structures.
Maintenance may involve many different number and types of companies, services,
individuals to look after the facility and the ability to coordinate these efforts. Maintenance
includes both routinely scheduled activities, as well as non -routine repairs that may be
required.
A maintenance plan should be prepared and submitted as part of the development
review/approval process and be provided to the Obligated Entity responsible for
maintenance activities.
V.
IMPROVEMENT ACCEPTANCE
A. Initial Acceptance
No later than ten (10) days after Public Improvements and/or Common Facilities are
substantially complete, Owner shall request of the Town Administrative Official an
inspection by Firestone. If Owner does not request this inspection within ten (10) days of
completion of the Public Improvements and/or Common Facilities, Firestone may conduct
the inspection without the approval of Owner. Owner shall provide Firestone with
complete "as -built" drawings in a form as defined in Firestone's current Standards and
Specifications. If Owner has not completed appropriate Public Improvements and/or
Common Facilities as provided for in this Agreement, Firestone may exercise its right to
secure performance as provided in Section X.C of this Agreement. If Public Improvements
and/or Common Facilities completed by Owner are satisfactory, the Town Administrative
Official shall grant "Initial Acceptance," which shall be subject to "Final Acceptance" as
set forth herein. If Public Improvements and/or Common Facilities are not satisfactory,
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the Town Administrative Official shall provide written notice to Owner of the repairs,
replacements, construction or other work required to receive Initial Acceptance. Owner
shall complete all needed repairs, replacements, construction or other work within thirty
(30) days of said notice, weather permitting. After Owner completes the repairs,
replacements, construction or other work required, Owner shall request of the Town
Administrative Official a re -inspection of such work to determine if Initial Acceptance can
be granted, and Firestone shall provide written notice to Owner of the acceptability or
unacceptability of such work prior to proceeding to complete any such work at Owner's
expense. If Owner does not complete the repairs, replacements, or other work required
within thirty (30) days of said notice, Firestone may exercise its rights to secure
performance as provided in Section X.C. of this Agreement. Firestone reserves the right
to schedule re -inspections. No "Certificate of Occupancy" will be issued by Firestone prior
to Initial Acceptance without written approval from the Town Administrative Official.
Additionally, for Common Facilities, the Owner shall include the Obligated Entity in the
final inspection procedures and provide Firestone with written acceptance of the Common
Facilities for maintenance from this final Obligated Entity.
B. Maintenance of Improvements
1. Warranty
Owner shall provide Firestone with a warranty starting from the date of
Initial Acceptance until the date of Final Acceptance. This "Warranty
Period" shall be for a minimum of two (2) years or until eighty percent
(80%) of the building permits have been issued for the phase, whichever
occurs later, on all Public Improvements and shall provide a two (2) year
Warranty to the Obligated Entity for the Common Facilities.
2. Maintenance of Improvements
For the entire Warranty Period, Owner shall, at its own expense, take all
actions necessary to maintain said Public Improvements and make all
needed repairs or replacements which, in the reasonable opinion of
Firestone, shall become necessary, except that Firestone shall be
responsible for snow removal on public streets. If within thirty (30) days
after Owner's receipt of written notice from Firestone requesting such
repairs or replacements, Owner has not completed such repairs, Firestone
may exercise its rights to secure performance as provided in Section X.C of
this Agreement. In the event that said repair is solely determined by the
Town to be an emergency, the Town may immediately complete said repairs
and invoice the Owner the Town's actual costs. The owner shall reimburse
the Town within sixty (60) days after receipt of written notification or repair
and supporting documentation from the Town Administrative Official. No
acceptances shall be issued until Owner has made full payment for said
repairs.
C. Final Acceptance
At least thirty (30) days before the Warranty Period elapses from the issuance of Initial
Acceptance, or as soon thereafter as weather permits, Owner shall request a Final
Acceptance inspection in writing. The request shall be made to the Town Administrative
Official. The Town Administrative Official shall inspect the Public Improvements and
shall notify Owner in writing of all deficiencies and necessary repairs. After Owner has
corrected all deficiencies and made all necessary repairs identified in said written notice,
the Town Administrative Official shall issue to Owner a letter of Final Acceptance, as soon
as reasonably possible thereafter. If Owner does not correct all deficiencies and make
repairs identified in said inspection to Firestone's satisfaction within thirty (30) days after
receipt of said notice, weather permitting, Firestone may exercise its rights to secure
performance as is provided in Section X.C of this Agreement. If any mechanic's liens have
been filed with respect to the Public Improvements, Firestone may retain all or a portion
of the Improvement Guarantee (defined below) up to the amount of such liens. If Owner
fails to have Public Improvements finally accepted within the Warranty Period or any
Public Improvements are found not to conform to this Agreement, and Firestone's current
Standards and Specifications, then the Owner shall be in default of the Agreement and
Firestone may exercise its rights under Section X.C of this Agreement.
D. Reimbursement to Firestone
In the event it becomes necessary for Firestone to complete the Public Improvements
and/or Common Facility improvements due to the failure of Owner to complete said Public
Improvements and/or Common Facility improvements, Firestone may complete
construction, repairs, replacements, or other work with funds other than the Improvement
Guarantee, in which event Owner shall reimburse Firestone within sixty (60) days after
receipt of written demand and supporting documentation from the Town Administrative
Official. If Owner fails to so reimburse Firestone, then Owner shall be in default of this
Agreement and Firestone may exercise its rights under Section X.C of this Agreement.
VI. IMPROVEMENT GUARANTEE
A. Public Improvement and Common Facilities Schedule
Owner has submitted the certified Public Improvement and Common Facilities Schedule
shown as "Exhibit B" attached hereto and incorporated herein by reference. Said exhibit
generally identifies those Public Improvements to be furnished, installed or constructed
relative to the Development. Omission of any improvement from "Exhibit B" does not
relieve Owner from responsibility for furnishing, installing or constructing such
improvement. The Owner shall list all Common Facilities separately and subtotal
separately on "Exhibit B."
B. Improvement Guarantee
Owner shall submit to the Town Administrative Official an improvement guarantee for all
Public Improvements for the Final Plat ("Improvement Guarantee") prior to recordation of
this agreement. Said Improvement Guarantee may be in cash, letter of credit, or bond in
form and substance.
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Said Improvement Guarantee shall include, but not be limited to, street,
curb, gutter, sidewalks, landscaping, fencing, street lights, , storm sewer and
drainage improvements, trails and park improvements on or off the
Development.
2. The total amount of the guarantee for the Development shall be calculated
as a percentage of the total estimated cost including labor and materials of
all Public Improvements to be constructed in the Development as described
on "Exhibit B." The total minimum amounts are as follows:
a) Prior to commencement of construction of Public Improvements and
Common Facilities improvements: 115% of the amount(s) shown on
"Exhibit B."
b) Upon Initial Acceptance of the Public Improvements in each phase
through Final Acceptance: 25% of the amount(s) shown on "Exhibit
B." The guarantees may be reduced on a phased basis as shown on
"Rxhihit D"
c) Upon Initial Acceptance of Common Facilities: 0%.
d) After Final Acceptance of Public Improvements: 0%. The
guarantees may be released on a phased basis as shown on "Exhibit
D."
3. In addition to any other remedies it may have, Firestone may, at any time
prior to Final Acceptance, draw on the Improvement Guarantee received
pursuant to this Agreement.
In the event that, a) the Owner fails to extend or replace the letter of credit
at least sixty (60) days prior to expiration of such letter of credit, b) the letter
of credit is set to expire, c) Firestone receives notice that the letter of credit
will not be renewed, d) the entity issuing the letter of credit becomes non -
qualifying, or e) the letter of credit, in the sole determination of Firestone,
is at risk of being lost as a guarantee, then, in any of these events, the Owner
shall be in default of this Agreement and Firestone may immediately draw
on the letter of credit for the full amount of the letter of credit. In such event
as identified herein, no notice or prior notice shall be required prior to
drawing on the letter of credit.
The Town may hold the funds obtained from the letter of credit until the
Public Improvements and Common Facilities as set forth on "Exhibit B"
are completed and accepted by the Town. In the event the Public
Improvements and Common Facilities are not completed by the Owner
within the time period set forth in this Agreement or in the manner as
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required by this Agreement, the Town may, at its sole discretion, use any or
all of the funds to complete some or all of the Public Improvements and
Common Facilities. In any event, the Town shall have no obligation to
complete any or all of the Public Improvements and Common Facilities.
Owner is further subject to the provisions of Section X.C of this Agreement,
as well as the suspension of development activities by Firestone including,
but not limited to, the withholding of building permits and certificates of
occupancy.
In the event that the cost of the Public Improvements and Common
Facilities and construction is reasonably determined by Firestone to be
greater than the amount of the security guarantee provided by the Owner to
the Town, then Firestone shall furnish written notice to Owner of the
condition, and within thirty (30) days of receipt of such notice Owner shall
provide Firestone with a substituted qualifying Improvement Guarantee, or
augment the deficient security as necessary to bring the security into
compliance. If Owner fails to provide Firestone with a substituted
qualifying Improvement Guarantee, or augment the deficient security as
necessary to bring the security into compliance, then Owner is in default of
this Agreement, without further notice, and is subject to the provisions of
Section X.C of this Agreement, as well as the suspension of development
activities by Firestone including, but not limited to, the withholding of
building permits and certificates of occupancy.
4. If Firestone draws on the letter of credit to correct deficiencies or complete
Public Improvements and Common Facilities, any portion of said guarantee
not utilized in correcting the deficiencies and/or completing improvements
shall be returned to Owner within thirty (30) days after Final Acceptance of
said Public Improvements and Common Facilities.
5. Building Permit Restrictions
Owner agrees that the execution of this Agreement, the Town's approval of
construction plans, or the Town's issuance of any type of permit for
construction of the Public Improvements does not in any way, constitute an
approval of building permit allocations or building permits.
a) Owner expressly understands and acknowledges that the expenditure
of funds for the construction and installation of any Public
Improvements prior to approval of building permit allocations or
building permits is exclusively at the Owner's risk. The Town
reserves the right, in exercise of its police power, to choose not to
grant building permits, or otherwise restrict or condition the granting
of building permits for the Development based on current or future
resolutions or ordinances of the Town. Unless specifically restricted
or conditioned by current or future resolutions or ordinances of the
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Town, building permits may be granted once all Public
Improvements for the development or within each Phase of the
development are operational as solely determined by the Town.
b) Upon written request of the Owner, at the sole discretion of the Town,
the Owner may begin construction of the Public Improvements
without furnishing an Improvement Guarantee, as provided in this
Agreement, upon the following conditions:
i. The Owner has not transferred title to any portion of the
Development.
ii. The Owner shall be required to obtain Initial Acceptance
of all Public Improvements for the development or
within each Phase of the development prior to the
issuance of a building permit.
iii. After the Owner begins construction of the Public
Improvements, if the Public Improvements remain
unfinished for a period of one (1) year from the date this
Agreement becomes effective, the Town shall require an
Improvement Guarantee in accordance with this
Agreement in lieu of the building permit restriction
required by this Subsection. The Owner will have fifteen
(15) days to provide the Town such an Improvement
Guarantee, or the Town may issue a stop work order to
remain in effect until the Improvement Guarantee is
provided to the Town. The Town Administrative
Official, at their sole discretion, may grant a single
extension of up to one (1) additional year.
iv. The Owner shall not transfer title to any portion of the
Development prior to Initial Acceptance being granted
by the Town or upon providing the Town an
Improvement Guarantee in accordance with this
Agreement.
c) Upon the Town's Initial Acceptance of the Public Improvements,
which shall include receipt of the Improvement Guarantee as outlined
in Section VI.B, this building permit restriction shall be removed.
VII. OVERSIZING AND REIMBURSEMENT
Firestone may require Owner to build utility lines and other infrastructure large enough to serve
property other than Owner's (oversizing). Firestone may also require Owner to construct or
participate in the construction of certain off -site Public Improvements. Certain such improvements
qualify for reimbursement pursuant to the policies of Firestone.
A. Reimbursement due to Owner for Qualifying Public Improvements
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Constructed by Owner
Owner is entitled to reimbursement for the oversize part of utilities and other infrastructure
and/or a pro -rata portion of the cost of off -site Public Improvements. At the time of final
approval of a subdivision plat or other development plans for properties that use these
utilities or Public Improvements, Firestone will require as a condition of approval, a
proportional reimbursement to Owner as described in "Exhibit C," attached hereto and
incorporated herein by this reference. Nothing contained in this Agreement shall operate
to create an obligation on the part of Firestone to pay or reimburse any costs to Owner in
the event such costs are not recovered by Firestone as contemplated herein, for any reason,
from the properties or property owners that use the utilities or Public Improvements, so
long as Firestone has made a good faith effort to recover such costs.
B. Reimbursement due from Owner for Qualifying Public Improvements
Constructed by Others
Owner will be required to reimburse Firestone or others who have constructed oversized
utilities and other infrastructure that will be utilized by Owner's property. The amount of
the reimbursement due, if any, is described in "Exhibit C."
VIII. MISCELLANEOUS CONSTRUCTION STANDARDS
A. Trash, Debris, Mud
Owner agrees that during construction of the Development and improvements described
herein, Owner will take appropriate steps necessary to control trash, debris and wind or
water erosion in the Development. If Firestone determines that said trash, debris or wind
or water erosion causes substantial damage or injury or creates a nuisance, Owner agrees
to abate said nuisance in accordance with Town Ordinances but no later than twenty-four
(24) hours after notification of said nuisance. If Owner does not abate said nuisance,
Firestone may abate the nuisance and/or correct any drainage or injury without notice to
Owner, at Owner's expense. Owner also agrees to take any and all reasonable steps
necessary to prevent the transfer of mud or debris from the construction site onto public
rights -of -way and to immediately remove such mud and debris from public rights -of -way
after notification by Firestone. If Owner does not abate, or if an emergency exists as solely
determined by the Town, Firestone may abate at Owner's expense. Owner is further subject
to the provisions of Section X.C of this Agreement, as well as the suspension of
development activities by Firestone including, but not limited to, the withholding of
building permits and certificates of occupancy.
B. Operation of Construction Equipment
The operation of construction equipment outside an enclosed structure shall be prohibited
on weekdays between the hours of 7:00 p.m. and 7:00 a.m. With the prior written approval
of the Town Administrative Official, the operation of such equipment outside an enclosed
structure may be permitted on weekend days and legal holidays between the hours of 8:00
a.m. and 4:00 p.m. The Town Administrative Official may alter the hours of operation for
good cause. All construction activities shall operate in accordance with all Town codes,
ordinances, and policies in regards to sound and noise. Failure to comply with this
13
provision may result in the Owner to subjected to the provisions of Section X.C of this
Agreement, as well as the suspension of development activities by Firestone including, but
not limited to, the withholding of building permits and certificates of occupancy.
IX. SPECIAL PROVISIONS
A. Public Improvements; Transportation
1. Filing 7A Public Improvements — Birch Street
Prior to the issuance of the first building permit in this Development
(excluding building permits for 28 model homes), Developer shall have
received Initial Acceptance from the Town for: (a) all street, storm, and
drainage improvements included in the Barefoot Lakes Filing 7A
Subdivision Street and Storm Construction Drawings, prepared by Redland,
last revised on 3/25/25 and approved by the Town on 4/24/25; and (b) Birch
Street from Gardner to Ronald Reagon Boulevard in accordance with the
Town Approved Birch Plans (as that term is defined in the Barefoot Lakes
Filing 7A Subdivision Agreement).
2. Birch Street (WCR 11) and Highway 66
Pursuant to the Barefoot Lakes Filing 7 Traffic Study dated September 5,
2024, a mast arm traffic signal will be warranted at the intersection of Birch
Street (WCR 11) and Highway 66 with this Development only with the
development of the proposed Grand Meadows subdivision. Should the
Grand Meadows Subdivision develop and construct the signal, Owner
agrees to reimburse the Grand Meadows Subdivision 25% of the final cost
of the signal. Payment shall be made within 60 days of the Town certifying
the final cost of the signal. If the Grand Meadows Subdivision does not
develop or construct the signal, Owner will not be responsible for
construction of the signal until it is warranted with a future filing.
B. Phasing Map ("Exhibit D")
This Development shall be constructed as a single phase.
C. Dedication of Open Space
Owner has satisfied the Open Space dedication requirements through the
dedication of the following tracts which are designated as open space as follows:
Tract A of Barefoot Lakes Regional Park Filing 1; Tract C of Barefoot Lakes
Filing 2, 1St Replat, Tract F of Barefoot Lakes Filing 4; Tracts F, H & L of
Barefoot Lakes Filing 5; and Tracts D, E, & F of Barefoot Lakes Filing 6.
D. Installation of Parks, Landscaping and Trails
Owner shall design and construct Park, Landscape, and Trail Improvements on
Tracts A through L, N and P as shown on the accepted construction plans.
E. Maintenance of Parks, Trails, Open Space and Landscaping
14
Tracts A through L, N, and P shall be maintained by the Obligated Entity.
F. Maintenance of Vacant Lots
Owner shall be responsible for maintenance, including weed control, on all lots
until such time the lots are sold to a homeowner.
G. Fencing and Screening
Fencing within the Development shall be installed in accordance with Title 16 of
the Code.
H. Utilities
Owner shall provide the Town with all necessary permanent and temporary
drainage and utility easements prior to construction. Before Owner begins any
construction of Little Thompson Water District (LTWD) water utility mains and
other facilities, Owner shall provide written approval from LTWD of Final
Construction Documents that are in accordance with the Town's Standards and
Specifications including a minimum 10 -foot horizontal separation of all water,
storm, and sanitary sewer utilities, and all such work shall be inspected and
approved by the Town. Owner shall furnish to the Town record drawings or "as-
builts" and proof of LTWD's acceptance of all water lines prior to Initial
Acceptance of all Public Improvements.
I. Impact Fees
1. Impact Fee Rates. The impact fees that will be applied to each platted lot
within the Development are those impact fees set forth in Exhibit E of the
Annexation Agreement, adjusted for inflation as therein provided. Payment
of such fees shall not constitute a waiver of rights to pursue a credit or refund
pursuant to Ordinance No. 1033 An Ordinance of the Board of Trustees of The
Town of Firestone, Colorado, Repealing and Reenacting, Chapter 3.20 of the
Municipal Code of the Town of Firestone Pertaining to Development Impact
Fees and Funds.
2. New Impact Fees. Nothing in this Agreement shall be construed to limit or
estop future legislative actions by the Town and, more specifically,
legislatively creating new or different impact fees and imposing those fees
upon all development within the Town, including this Development and any
future development applications relating to the remainder of the Overall
Barefoot Community, so long as such impact fees do not replace or apply
to the same category of capital improvements related to the provision of
necessary public services for which the impact fees set forth in Exhibit E of
the Annexation Agreement would otherwise be utilized.
3. Future Subdivision Agreements. All future subdivision agreements within the
15
Overall Barefoot Community will contain language substantially similar to the
language of this Section IX(I). The Parties hereby agree to diligently process,
timely review, and efficiently resubmit all current and future plats, subdivision
agreements and construction documents within Filing 7 of the Overall
Barefoot Community.
J. Disclosure Statements
The Metropolitan District Disclosure statement indicating the existence of
a Title 32 Metropolitan District ("Exhibit F") shall be signed by the property
owner purchasing a new home from a homebuilder with execution of the
sales contract for the property.
2. The Oil and Gas Well Disclosure is evidenced by the recordation of the
existing Surface Use Agreements and various Letter Agreements with the
Oil and Gas companies. A statement indicating the existence of such
documents ("Exhibit G") shall be signed by the property owner with the
execution of the sales contract for the property.
K. Ground Water Dedication
This Development is located within the service area of the Little Thompson Water
District. Notwithstanding the provisions of Section X.A., Owner shall not be
obligated to convey any water rights to the Town.
X. MISCELLANEOUS TERMS
A. Ground Water Dedication
As provided by Firestone ordinances, all tributary and not non -tributary ground water rights
not already transferred to Firestone shall be dedicated to Firestone at the time of Final Plat
recordation. Transfer of the water rights shall be by Special Warranty Deed tendered to
Firestone prior to signatures being affixed to this agreement.
B. Default
If a defaulting party does not cure a default in the performance of its obligations under this
Agreement within 15 days after written notice of such default from the non -defaulting party
(or in the case of a default that would reasonably take more than 15 days to cure, if the
defaulting party fails to undertake substantial action to cure such default within such 15 day
period or thereafter fails to diligently pursue completion of such cure), the non -defaulting
party will have all remedies available to it at law or in equity.
If, following Firestone's delivery of written notice of default to Owner and the expiration
of the applicable cure period set forth in this Section X.B, Owner fails to fulfill the terms
and conditions of this Agreement, Firestone, in its sole discretion, may declare Owner in
default and may call the security and draw on the letter of credit provided for in Section
VI, and may further exercise all remedies available to Firestone in law and equity.
Firestone may also, withhold any additional building permits, certificates of occupancy, or
H
provision of new utilities fixtures or services until the completion of the Public
Improvements and Common Facilities and/or the default has been cured by Owner. Any
costs incurred by Firestone, including, but not limited to, reasonable administrative costs
and reasonable attorney's fees, in pursuit of any remedies due to the breach by Owner shall
be paid by Owner. Firestone may deduct these costs from the Improvement Guarantee.
Firestone shall have the right to enforce the Owner's obligations hereunder by an action for
any equitable remedy, including injunction or specific performance, or an action to recover
damages. No remedy or election hereunder shall be deemed exclusive but shall, whenever
possible, be cumulative with all other remedies at law or in equity.
If, following Firestone's delivery of written notice of default to Owner and the expiration
of the applicable cure period set forth in this Section X.B, Owner fails to fulfill the terms
and conditions of Section VI of this Agreement, or any other monetary, security or surety
default, Firestone, in its sole discretion, may declare Owner in default and may
immediately call the security due and draw on the letter of credit provided for in Section
VI without notice to Owner, and may further exercise all remedies available to Firestone
in law and equity and as provided for herein.
C. Insurance and Safety
Owner shall, through contract requirements and other normal means, guarantee and furnish
to Firestone proof thereof that all employees and contractors engaged in the construction
of improvements are covered by adequate Workman's Compensation Insurance and Public
Liability Insurance, and shall require the faithful compliance with all provisions of the
Federal Occupational Safety and Health Act (OSHA).
D. Indemnification and Release of Liability
Owner agrees to indemnify and hold harmless Firestone, its officers, employees, agents, or
servants, and to pay any and all judgments rendered against said persons on account of any
suit, action, or claim caused by arising from, or on account of acts or omissions by Owner,
its officers, employees, agents, consultants, contractors, and subcontractors, and/or suit,
action, or claim resulting from mineral right disputes and/or Owner's failure to abide by
the terms of this Agreement, and to pay to Firestone and said persons their reasonable
expenses, including but not limited to, reasonable attorney's fees and reasonable expert
witness fees, incurred in defending any such suit, action or claim. Owner's obligation
herein shall not apply to the extent said suit, action or claim results from any acts or
omissions of officers, employees, agents, or servants of Firestone or conformance with
requirements imposed by Firestone, said obligation of Owner shall be limited to suits,
actions, or claims based upon conduct prior to Final Acceptance by Firestone of the
construction work. Owner acknowledges that Firestone's review and acceptance of plans
for development of the Development is done in furtherance of the general public's health,
safety and welfare and that no immunity is waived and no specific relationship with or duty
of care to, Owner or third parties is assigned by such review acceptance.
E. Recording Agreement
Firestone shall record this Agreement at Owner's expense in the office of the Clerk and
17
Recorder, County of Weld, State of Colorado, and Firestone shall retain the recorded
Agreement.
F. Binding Effect of Agreement
This Agreement shall be binding upon and inure to the benefit of the parties, their
successors in interest, or their legal representatives, including all developers, purchasers
and subsequent owners of any lots or parcels within the Property, and shall constitute
covenants running with the land. Owner shall not be released from its obligations
hereunder until written notice to the Town Administrative Official of the assignment of
said obligations to a successor, accompanied by written acceptance of such obligations by
the successor, have been received by Firestone and consent to such assignment by Firestone
as required by Paragraph X.H has been granted. This Agreement shall be recorded with
the County Clerk & Recorder of Weld County, Colorado, at Owner's expense. Subject to
the conditions precedent herein, this Agreement may be enforced in any court of competent
jurisdiction.
G. Assignment, Delegation and Notice
Owner shall provide to the Town Administrative Official, for consent, written notice of: 1)
any proposed transfer of title to all or any portion of the Development, 2) arrangements for
delegation or transfer of the Improvement obligations hereunder to any successor, and 3)
successor's written acceptance of such Improvement obligations. Notwithstanding the
forgoing, Owner may sell developed lots or all of the multi -family tracts without
Firestone's consent, provided that the purchaser deposits with Firestone all guaranties,
security and sureties required under this Agreement. Until the Town Administrative
Official provides written consent to the assignment, Owner and Owner's successors and
assigns shall be jointly and severally liable for the assigned Improvement obligations.
Firestone may withhold its consent in the event it reasonably determines that the
Improvement obligations or any constituent element of this Agreement may not be fulfilled
through assignment or that the benefit of Firestone's bargain under this Agreement may be
materially and adversely impaired by such assignment.
H. Modification and Waiver
No modification of the terms of this Agreement shall be valid unless in writing and
executed with the same formality as this Agreement, and no waiver of the breach of the
provisions of any sections of this Agreement shall be construed as a waiver of any
subsequent breach of the same section or any other sections which are contained herein.
I. Addresses for Notice
Any notice or communication required or permitted thereunder shall be given in writing
and shall be personally delivered, or sent by United States mail, postage, prepaid, registered
or certified mail, return receipt requested, addressed as follows:
Firestone: Owner:
Town of Firestone Barefoot LLC
18
Town Manager
9950 Park Avenue
Firestone, CO 80504
Keith Martin
Widner Juran LLP
13133 E. Arapahoe Rd., Ste. 100
Centennial, CO 80112
Project Manager:I Land & Housing
Development
6465 Greenwood Plaza Blvd #700
Centennial, CO 80111
David Wm. Foster; Erik N. Carlson
Foster Graham Milstein & Calisher,
LLP
360 S Garfield Street, Suite 600
Denver, CO 80209
With a copy to such other address or the attention of such other person(s) as hereafter
designated in writing by the applicable parties in conformance with this procedure. Notices
shall be effective upon mailing or personal delivery in compliance with this paragraph.
J. Force Majeure
Whenever Owner is required to complete construction, maintenance, repair, or replacement
of improvements by an agreed upon deadline, Firestone shall grant a reasonable extension
of time if the performance cannot, as a practical matter, be completed in a timely manner
due to Acts of God or other circumstances constituting force majeure or beyond the
reasonable control of Owner.
K. Approvals
Whenever approval or acceptance of a matter is required or requested of Firestone pursuant
to any provisions of the Agreement, Firestone shall act reasonably in responding to such
matter.
L. Previous Agreements
All previous written agreements between the parties, their successors, and assigns,
including, but not limited to, any Annexation, Pre -Annexation Agreement, or Development
Agreement shall remain in full force and effect and shall control this Development, except
as otherwise expressly set forth herein.
M. Title and Authority
Owner warrants to Firestone that it is the record owner for the property within the
Development. The undersigned further warrant having full power and authority to enter
into this Agreement.
N. Severability
If any part, section, subsection, sentence, clause or phrase of this Agreement is for any
reason held to be invalid, such invalidity shall not affect the validity of the remaining
sections of the Agreement. The parties hereby declare that they would have ratified this
Agreement including each part, section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or
phrases be declared invalid.
19
O. Legal Fees; Venue
In the event that either party finds it necessary to retain an attorney in connection with a
default by the other as to any of the provisions contained in this agreement, the defaulting
party shall pay the other's reasonable attorney's fees and costs incurred in enforcing the
provisions of this Agreement. For the resolution of any dispute arising hereunder, venue
shall be in the Courts of the County of Weld, State of Colorado.
P. Agreement Status After Final Acceptance
Upon Final Acceptance by Firestone of all improvements and compliance by Owner with
all terms and conditions of this Agreement, and provided that no litigation or claim is
pending relating to this Agreement, this Agreement, with the exception of any maintenance
and reimbursement obligations, shall terminate and no longer be in effect.
Q. Enforceability
This Agreement is made only between the Owner and Firestone, or their successors and
assigns, and is not intended to benefit, and may not be enforced by, any third patties.
[SIGNATURES ON FOLLOWING PAGE]
20
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth
above.
TOWN OF FIRESTONE, COLORADO
By:
Don Conk Jr., ayor
(---
ATTEST:��y��
8®
Mir ' m os Luna, CMC, Town Clerk °
APPROVED AS TO FORM:
1 Martin, Z Attorney
21
BAREFOOT LLC,
a Colorado limited liability company
By:
Name.
Title:
and
By:
Name: andra . Th rnas
Title: a r r l a
ACKNOWLEDGMENT
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this 23rd day of July 2025, by Peter
Lauener as President and Sandi Thomas as Senior Vice President of Barefoot LLC.
Witness my hand and official seal.
M ��L
ri • ♦ i L
i * i , it 4-• 03 n
22
EXHIBITS LIST
EXHIBIT A - BAREFOOT LAKES FILING 7B FINAL PLAT
EXHIBIT B - PUBLIC IMPROVEMENT SCHEDULE
EXHIBIT C - PUBLIC IMPROVEMENT REIMBURSEMENT SCHEDULE
EXHIBIT D - PHASING PLAN
EXHIBIT E - LANDSCAPE MAINTENANCE MAP
EXHIBIT F - METROPOLITAN DISTRICT DISCLOSURE
EXHIBIT G - OIL & GAS DISCLOSURE
23
EXHIBIT A
Barefoot Lakes Filing 7B Final Plat
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EXHIBIT B
Public Improvement Schedule
iiiflTII1
UNIT
TOTAL
- Storm S ower
t t1AIITITY
U1+IIT
PRICE
C #ST
Connect to Existing
0
EA
3,t 00,00
518,004
18" RCP {0-8' depth)
814
LF
500.00
573,203
4" RCP (0-8" depth;)
2,522
LF
S110.00
$277,420
30" RCP (0-8' depth)
885
LF
S1� 0-00
5115,1350
42" I CP (t9-8"' depth,
283
LF
$200.00
$56.600
48« RCP (0-8' depth)
850
LF
S25t3:00
$214,750
Type "13' Cornbination Inlet Single)
2
E
S4,500LD
x.1,000'
Type'D' Inlet
2
EA
50,000.00
518,000
10' Type "R' Inlet
11
E€
$13,000.00
S 143,000
15' `I`ype'R` Inlet
12>
EA
115.000.00
180,000
' IDia. Manc�le
1,1
EA
58,500.00
57°1.5110
5' Di . Manhole
0
EA
$7,5 0-00
507,500
Sox Lase M nhole,
5
EA
$25,000.110
S 150,000
24" Pl s
1
EA
b4,500,00
,50
Storm Se ter Subtotal $1.318,6'13
LIT TOTAL
B - Concrete
t A iTITs
IT
PRICE
c OST
S rbgrade Prep - Concrete alley
3,24'1
SY
S 1.75
$5,872
Concrete AileySection)
21,12;1
'Y -I 1-
S1 1,00'
5232,353
Alley;C ar Cut ₹' Approach
4
A
S2,000i 00
58,0130:
Type 2 Garb nd ut er
1.5,51.1
LF
524,00
$372,254
8' Concrete resspan
7
EA
$2,OI'3E3.t113
$14, 00
Sc bcgr de Prep - Concrete ,^'talk
114,780
SF
51.7 s
$200,830'
' Concrete' alk
1,587
SF
55.50
$10,316
5' Concrete ' alk
9,6
aF
x€3.513
647,745
Park Concrete Pad
'I3„520
F
$6.50
$87,880
Concrete Mailbox Pail
530
SF
$ ;50
S4,0 s5
Iandicap Ramp
22
EA
$2,200.110
$48,400
Mid -Block Ramp
27
EA
$2,000.00
X154,,040
4' Concrete Chase Dr in
2
EA
55x£300.00
$10,000
Concrete Total 518115,555
25
Barefoot Lakes Filing No. 7
Exhibit B - Schedule of Improvements
Date: 3-'18-2025
UNIT
TOTAL
C - Asphalt Pavement Signage & Striping
QUANTITY
UNIT
PRICE
COST
Subgrade Prep
31,859
SY
$3.00
$95,577
Aggregate Base Course (12" Section)
30,141
Sy
82O00
602,820
Asphalt (Full depth - 8" section)
204,886-
SY-III
$5.75
81,178,09
5" x 1' Pedestrian Walk Striping
45
EA
$100.00
$4,500
Gravel Access Path
18,160
SF
$1.5O
827,240
Signage
36
EA
8500.00
$'18,000
Asphalt Pavement Signage & Striping Total
$1,9266,232
UNIT
TOTAL
D - Street Lights
QUANTITY
UNIT
PRICE
COST
Street Light (Local)
21
EA
S7„500.00
5157;500
Street Lights Total
$187 500
E - Landscape and Irrigation
QUANTITY
UNIT
PRICE
COST
Landscape
80,770
SF
51.25
887,213
at ye Landscape
186,452
SF
$0.30
$55,930
irrigation
250.222
SF
$0.60
$°153,733
Park furnishings and equipment-
I
LS
$45,000.011
845 000
Landscape and Irrigation Total
$341,882
Total Cost
$5,519,782
Totals - Filing 7 Phase I Letter of Credit
A _ Storm Sewer
$1,398,813
B - Concrete
$1,695,555
C - Asphalt Pavement Signage & Striping
s1,928,232
O - Street Lights-
$157,500
E - Landscape and Irrigation -
$341,882
Contingency
(15%)
$827,967
ALL
Total All Public Improvements
$6,347,749
Note: Th€s estimate does not include earthwork or partial erosion control surety. These amounts have been
secured through a Letter of Credit for an early grading permit process.
26
EXHIBIT C
Public Improvement Reimbursement and Fee In Lieu Schedule
Fee In Lieu due Firestone:
1. None
Fee in Lieu due Owner:
1. None
Fee in Lieu due Others:
I. Should the Grand Meadows Subdivision construct a traffic signal at Birch Street
(WCR 11) and Highway 66, Owner agrees to reimburse 25% of the final cost to the
owner of the Grand Meadows Subdivision.
27
EXHIBIT D
Phasing Plan
This Development shall be constructed as a single phase.
28
EXHIBIT E
Landscape Maintenance Map
29
LEGEND
MAINTAINED EY
MAINTAINED E!'
METRO DISTRICT
TOWN OF FIRESTONE
_
I
. Ill I I 4 J IFjI/ LC PIl1i
I
I
eJ. tt.*tk. •. ih'...
1111I1111lL
J1 H ' IW
₹` , :1mIIIII1lIiII11iltL
HH
-yt'
:
1ii
FUTURE
DEVELOPMENT
asu,.n rrrsarvk •l;htt,au.iy
NORTH
II11
.urt�:
_
iI.
i
i- -I-
DESIGNWORKSHOP Barefoot Filing 7B
1390 L-Wiwr„e 9e'eet Firestone, CO
sure 106
Serves. C:tora+Jo ao2oa EXHIBIT E: LANDSCAPE MAINTENANCE MAP 0 150 300' 600"
{3�€3I623-5166 Drawn/Checked Prof. Nunn. Date Sheet ORIGINAL SCALE: 1'=300'
Fae()6-22EO
Jfts JFw 631t.M 17220^5 1OFf
30
EXHIBIT F
Metropolitan District Disclosure
The undersigned, being the purchasers identified in that certain
("Purchase Contract") dated , 20, between
a as seller, and the
undersigned, as purchaser, with respect to Block , Lot , (name of subdivision)
Town of Firestone, County of Weld, State of Colorado (the "Lot") do hereby acknowledge and
agree as follows, which acknowledgments and agreements are given in consideration of and as a
condition to Seller's agreement to sell to the undersigned the Lot and the home to be constructed
thereon:
Purchaser acknowledges that the Lot being purchased is within the boundaries of the
Metropolitan District, a special taxing district (the
"District"). The District has issued or expects to issue general obligation bonds that are paid by
revenues produced from annual ad valorem property tax levies imposed on all of the taxable real
and personal property within the District. The Purchaser has been advised and hereby
acknowledges that it has been advised that financing plans of the District are available and detail
the proposed or existing ad valorem property tax mill levies of the District servicing such
indebtedness, and the potential for an increase in such mill levies.
Purchaser acknowledges that the additional ad valorem property tax mill levies imposed
by the District are in addition to other ad valorem taxes imposed by other taxing entities against
said Lot.
The following examples compare the tax impacts between a property within the boundaries
of a District levying an annual ad valorem property tax mill levy of 50 mills, and a property not
within the boundaries of a District. This example is based on a single-family residence on a
property with an Actual Value (as determined by the County Assessor) of $300,000.
TAXING AUTHORITY
MILL LEVY
TAX AMOUNT
COUNTY
25
597.00
SCHOOL DISTRICT
48
1146.24
TOWN
18
429.84
FIRE
12
286.56'
LIBRARY
4
95.52'
METROPOLITAN DISTRICT
50
1321.76
TOTAL
157
3876.92
31
PROPERTY WITHOUT DISTRICT
TAXING AUTHORITY
MILL LEVY
TAX AMOUNT
COUNTY
25
597.01
SCHOOL DISTRICT
48
1146,24
TOWN
18
429,84
FIRE
12
286.56
LIBRARY
4
95.52
TOTAL
107
2555.3.6
IN WITNESS WHEREOF, the undersigned has/have executed this Metropolitan District
Disclosure this day of , 20
Purchaser
Purchaser
STATE OF COLORADO
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20; by
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20 by
WITNESS my hand and official seal.
My commission expires:
Notary Public
32
EXHIBIT G
OIL AND GAS DISCLOSURE
The undersigned, being the purchaser(s) identified in that certain
("Purchase Contract') dated , 20 , between
a , as seller, and the undersigned, as purchaser, with respect to
Block , Lot {Final Plat Name), Town of Firestone. County of Weld. State of Colorado
(the "Lot') do hereby acknowledge and agree as follows, which acknowledgements and
agreements are given in consideration of and as a condition of Seller's agreement to sell the
undersigned the ILot and the home to be constructed thereon:
The undersigned hereby acknowledges the current existence of oil and gas wells and related
well facilities (and the possibility of additional future wells and facilities) located within the real
property encompassed by the {Final' Plat Name} subdivision plat(s) ("Plat" ). The locations of the
current and possible future oil and gas wells and related well facilities are identified on the {Final
Plat Name}Final Plat, as amended from time to time. In addition to the foregoing, other oil and
gas interests affecting the property may exist which may or may not be recorded in the real property
records. The oil and gas leases and other interests generally permit certain surface activity on the
premises which activity may include drill sites, gathering pipelines, production sites and facilities,
and access roads, all as further described in the oil and gas leases and other documents affecting
the premises.
The undersigned acknowledge that neither they nor Seller will own any interest in the oil
and gas or mineral estate underlying the property comprising ;{Final Plat Name). There may be
ongoing oil and gas operation and production of oil and gas within {I Iil Plat Name}, including
in the vicinity of the Lots, as well as the existence of pipeline easements and access routes across
portions of {Final Plat Name). Additional oil and gas wells may be drilled, and oil and gas
operations and production \\ ill take place within {I final Plat Name}, including in the vicinity
of the Lots, which oil and gas production will affect portions of the surface of the real property
comprising {Final Plat Name}. Heavy drilling equipment will be used in connection with the
operation and drilling of oil and gas wells within {Final Plat Name }and in conjunction with any
production obtained from successor wells. Such operations may be conducted on a 24 hour/seven
days a week basis. Owners of real property within {Final Plat Name }will be bound by the terms
and provisions of surface use agreements entered into between the surface owners or developer of
the land and certain oil and gas owners and/or operators. These surface use agreements contain
waivers, including a waiver of surface damage payments, a waiver of setback and waivers of other
requirements contained in the Rules and Regulations of the Colorado Oil and Gas Conservation
Commission, as well as a waiver of the right by an owner of any portion of the surface of the real
property within {Final Plat Name} to object in any forum to the use by oil and gas companies of
a portion of the surface of the real property within {Final Plat Name},
The undersigned acknowledges and recognizes the existence of such oil and gas leases and
other interests, and the surface activity associated with such oil and gas leases, and the undersigned,
33
to the extent it owns or becomes the owner of real property in {Final Plat Name}, assume the risk
of owning property near or adjacent to an oil and gas well operation. Such risks include, without
limitation, injury or damage to person and/or property arising out of, or resulting from the drilling,
operation and maintenance of an oil and gas well; noise associated with an oil and gas well
operation; explosion and fire; leakage of oil and/or gas from drilling or production facilities;
vehicles servicing the oil and gas site.
TN WITNESS WHEREOF, the undersigned has/have executed this Oil and Gas Well
disclosure the day of , 20
Purchaser
Purchaser
STATE OF COLORADO
} ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20, by
Witness my hand and official seal.
My Commission expires
Notary Public
STATE OF COLORADO
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20, by
Witness my hand and official seal.
My Commission expires
Notary Public
34