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HomeMy WebLinkAboutJAN 2003 - JULY 2005Resolutions For the . Town of Firestone 03-01 -05-22 Jan. 9, 2003 -July 28, 2005 .. • .. ... , Res.# 02-29 02-30 02-31 02-31 02-32 02-33 02-34 02-35 02-36 02-37 02-38 02-39 02-40 02-41 02-42 02-43 02-44 02-45 02-46 02-47 02-48 02-49 Description Date Adopted Waterline Improvements Agreement with Hall-Irwin Corporation Stoneridge Finding of Substantial Compliance for an Annexation Petition Kerr McGee Rocky Mountain Corporation to locate an oil and gas well Approving and Adopting a revised Design Criteria and Construction Manual for Development Projects Special Election for November 5, 2002 to be conducted as a Coordinated Election Saddleback Hills Lake & Conservancy #3, LLC Annexation, Finding of Substantial Compliance for an Annexation Petition Tri-State Generation approval of Conditional Use Permit for the Construction of a transmission line Overlook Replat C -Final Approval Support of the November 5, 2002 Ballot Issue Concerning the Extension of Firestones Sales Tax on the Sale of Food Sagebrush Subdivision Final Plat and Final Development Plan Approval Heritage Bank Final Development Plan Approval Stoneridge Annexation Petition for Annexation -Eligible Firestone Trail Metro-District Approval Saddleback Hills Lake & Conservancy District Petition Annexing of Eligibility 08/01/02 08/01/02 08/22/02 08/22/02 08/22/02 08/22/02 09/05/02 09/12/02 09/26/02 09/26/02 09/26/02 09/26/02 09/26/02 10/10/02 Support of 2002 School Bond Issue 10/10/02 New Personnel Policies Adopted 10/10/02 Supporting the Frederick/Firestone Fire Protection District 10/10/02 Tri-State Generation Agreement for Undergrounding Cost -Feasibility Study 10/10/02 Encana Wells 11/14102 Adoption of the 2003 Budget 12/12/02 Setting the Mill Levies for 2003 12/12/02 Res.# 03-01 03-02 03-03 03-04 03-05 03-06 03-07 03-08 03-09 03-10 03-11 03-12 03-13 03-14 03-15 03-16 03-17 03-18 03-19 03-20 03-21 03-22 03-23 03-24 03-25 03-26 03-27 03-28 03-29 03-30 03-31 03-32 03-33 INDEX OF FIRESTONE RESOLUTIONS 2003 Description Date Adopted Requesting St Vrain Valley School Board Resign Adopting Model Retention Schedule Posting Notice of Meetings Saddleback Hills Lake & Conservancy ODP Amendment PP, PDP Youth Panel Commission Master Water Plan Northern Colorado Renewal of Temp Permits Business License Fees Encana Energy Resources, Inc. Special Use Permits Encana Energy Res. , Inc. to Locate Compressor Station Firestone Center Approval of PDP, PP, FOP, FP Water Rates and Charges The Shores Amended CUP for Expanded Gravel Mining Water Use Permit System for New Lawns Approving Preliminary Subdivision Plat and Preliminary Development Plan for Neighbors Point Saddleback Hills Lake & Cons. #3 Borgmann U-1-10JI and U1-16JI Wells. Tri-State Generation Construction & Reimburse agreement Special Election-November 4, 2003 High Plains Marketplace -King Soopers Annex Petition St Vrain Sanitation Office Building-Approval of FOP Tri-State Generation-I-25 Corridor 11i; KV Transmission line Southwest Weld Drainage Authority Dissolution Firestone Meadows:Approval of FP and FOP Amending the 2003 Budget by increasing revenues High Plains Marketplace (King Soopers) Petition for Annexation High Plains Pre-sub Plat, PDP Plan, Final sub Plat and FOP Approval Stoneridge Preliminary Subdivision Plat and PDP Approval The Greens Metro District IGA Approval TST Agreement for Design and Engineering of Colorado Boulevard Improvements Resolution in Support of the 2003 Ballot Issue Concerning the Extension of Sales Tax on the Sale of Food Cottonwood Hollow PDP and Pre-Plat Approval Patina Well 19-9 Ji Approval 1/09/03 1/09/03 1/09/03 2/13/03 2/27/03 2/27/03 2/27/03 3/13/03 4/10/03 4/10/03 4/24/03 5/01/03 5/08/03 5/08/03 6/12/03 7/10/03 7/10/03 7/10/03 7/24/03 7/24/03 8/07/03 8/14/03 8/21/03 8/21/03 9/04/03 9/11/03 9/11/03 10/9/03 10/9/03 10/9/03 10/16/03 10/30/03 10/30/03 I Res.# 03-34 03-35 03-36 03-37 03-38 03-39 03-40 03-41 03-42 03-43 03-44 03-45 03-46 03-47 03-48 03-49 03-50 CONTINUATION OF RESOLUTIONS 2003 Description Frederick/Firestone IGA for Fire Protection Approval Appointing Special Counsel for Exclusion of Fire and Ambulance Districts Carbon Valley Medical Center Carl's Jr. Youth Advisory Council Sable Glen Firestone Villas, approval of ODP, PDP, PP, FDP, FP Saddleback Height approval of Final subdivision plat & FDP Carbon Valley Animal Hospital denial of proposed replat Eagle Crest P.U.D., approving Minor subdivision plat Firestone Retail Center approving preliminary subdivision plat and preliminary development plan Bluestem Plaza approving final development plan Permanent Salary Range Table adoption Adopting the 2004 Budget Appropraiting sums of money for the 2004 budget year Levying general property taxes for the 2003 tax year Sable Glen resolution of substantial compliance Repealing resolution No. 03-39 Date Adopted 10/30/03 11/6/03 11/13/03 11/13/03 11/13/03 11/20/03 12/4/03 12/4/03 12/4/03 12/11/03 12/11/03 12/11/03 12/11/03 12/11/03 12/11/03 12/11/03 12/11/03 2 Res.# 04-01 04-02 04-03 04-04 04-05 04-06 04-07 04-08 04-09 04-10 04-11 04-12 04-13 04-14 04-15 04-16 04-17 04-18 04-19 04-20 04-21 04-22 04-23 04-24 04-25 04-26 04-27 04-28 04-29 04-30 RESOLUTIONS 2004 Description Date Adopted Denying Special Use Permits for Encana Resources, Inc. Designating Posting Place Support of a Legacy Trail Grant for Trail Improvements Saddleback PUD Final Plat and Final Development Plan, 1st Filing Delegating Town Clerk to Appoint Election Judges Mountain Shadows Final Plat and Final Development Plan, 2nd Filing Pledging Additional Support for a Legacy Trail Grant for Trail Imp. Sable Glen -Substantial Compliance and Setting Public Hearing Supporting House Bill 04-1230 for School District Directors Encana Energy Special Use Permit to Locate three oil & gas wells Adopting Police Dept. Criminal Justice Records Policy and Procedures Kerr McGee Special Use Permits to locate three oil & gas wells Firestone Retail Center Approval of overall FDP and FP Stoneridge Subdivision Approval of FP and FDP Sable Glen Annexation to the Town of Firestone Sable Glen Approval of PP & PDP Lance Annexation Approval of Substantial Compliance Adopting an Updated Public Records Policy and Procedures Statement Stoneridge Metropolitan District Approval TST Approval for design and engineering services for Firestone Trail Improvements Lance Annexation petition for annexation, eligible for annexation Cowboy Corral, KIA (Lance Annex) Approving and Overall Final Development Plan Stoneridge Metro District, Amended Service Plan Ace Hardware -approval of Final Development Plan St Vrain Valley School District RE-1J, A Plan for Electing School District Directors from Districts Rather than At-Large Sister City, initiating the development of sister city Sayulita, Mexico Neighbors Point, approving amended PP, amended PDP, FDP and FP Overlook at Firestone, Filing No. 3, approval of Preliminary Subdivision Plat and Preliminary Development Plan Police and Fire Pension Association Plan Amendment for Statewide Defined Benefit Plan To Provide Protection Services to Real Property Located within the Mountain View Fire Protection District that has been or will be Annexed to the Town of Firestone 1/8/2004 1/8/2004 1/8/2004 1/8/2004 1/22/04 1/22/2004 1/22/2004 2/5/2004 2/12/2004 2/26/2004 3/4/2004 3/11/2004 3/11/2004 3/11/2004 3/11/2004 3/11/2004 3/11/2004 3/25/2004 4/1/2004 4/1/2004 4/22/04 4/22/04 4/22/04 5/27/04 5/27/04 6/10/04 6/10/04 6/10/04 6/10/04 6/10/04 I 04-31 04-32 04-33 04-34 04-35 04-36 04-37 04-38 04-39 04-40 04-41 04-42 04-43 04-44 04-45 04-46 04-47 04-48 04-49 04-50 04-51 04-52 04-53 04-54 04-55 04-56 04-57 04-58 04-59 RESOLUTIONS 2004 (Continued) Mountain View Annexation (Walgreen's), Petition Finding Substantial Compliance and Setting a Public Hearing Date -REPEALED King Soopers Fueling Center approval of FOP (located on Lot 1) Mountain View Annexation (Walgreen's), Petition Finding Substantial Compliance and Setting a Public Hearing Date Stoneridge Metropolitan District Approval TST approval for Construction Management and Construction Staking on the Colo. Blvd. improvement project TST approval to install 12" Waterline along Pine Cone Avenue Approving IGA for Joint Funding of Improvements to a Portion of the St. Vrain Legacy Trail Adopting amended Development Regulations for Development projects Blockbuster Video and Additional Lot 4 Final Plan approval of the High Plains. Marketplace The Hills Metro Districts No.s 1,2 and 3 Organization Adams Bank Final Development approval of Lot 6 in Firestone Retail Center Mountain View Retail Center Eligible for Annexation Mountain View Retail Center annexation Final Plat and Preliminary Development Plan and Final Development Plan for Lot 1, Mt. View Retail Neighbors Point Metro District Organization Cottonwood Hollow Commercial and Residential Metro Districts Accepting donation and conveyance of Lots 2 and 3 of the Safeway Subdivision from Alberta Firestone. LLC Colorado Community Bank Final Development Plan approval, Lot 7, Blk 2 of the Firestone Center Subdivision Encana Energy Resources, Inc. Special Use Permit to locate oil & gas well Northeast Colorado Emergency Managers Multi-Hazard Mitigation Plan A Resolution Clarifying and Amending Resolution No. 04-3§ for the IGA iivi!h ttieFrederick-Firestone Fire Protection Disiric! FirstBank of Northern Colorado Final Development Plan approval US Alliance Credit Union Final Plat and Final Development Plan approval Arm Petroleum Final Subdivision Replat and Final Development Plan Patina Oil & Gas Corporation Special Use Permit to locate two oil & gas wells The Homestead at Firestone annexation No.'s one through five, finding substantial compliance Adopting amended 2004 Budget Adoption of the 2005 Budget, summarizing expenditures and revenues for each fund Appropriating sums of money to various funds and spending agencies Levying general property taxes for the 2004 tax year (6.209 mills) 6/10/04 7/8/04 7/8/04 8/5/04 8/5/04 8/5/04 8/19/2004 8/26/2004 9/9/2004 9/16/2004 9/23/2004 9/23/2004 9/23/2004 10/7/2004 10/14/2004 10/14/2004 10/21/2004 11/4/2004 11/4/2004 12/2/2004 12/2/2004 12/2/2004 12/2/2004 12/2/2004 12/2/2004 12/9/2004 12/9/2004 12/9/2004 12/9/2004 •• 2 RESOLUTION NO. 0 3-0 / A RESOLUTION REQUESTING THE RESIGNATION OF THE .MEMBERS OF THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-IJ BOARD OF EDUCATION WHEREAS, the Board of Trustees is concerned that the current financial instability of the St. Vrain Valley School District RE-IJ ("District") has or will negatively impact economic development in the Town; and WHEREAS, the Board of Trustees is concerned by reports that the District has announced it is reviewing options for interest-bearing loans to address potential budget shortfalls, and is concerned that any such loans may have an impact on the Town and its citizens; and WHEREAS, the Board of Trustees is concerned by the admitted lack of knowledge of District Board members of the financial status of the District prior to November 2002 revelations of District budget shortfalls; and WHEREAS, the Board of Trustees is of the opinion that these concerns and the recent financial problems of the District warrant a call for new leadership at the District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Firestone Board of Trustees does hereby express its support for new leadership at the St. Vrain Valley School District RE-IJ, and hereby requests the current members of the Board of Education to resign. INTRODUCED, READ, and ADOPTED this q'-#--i day of~ Q nu.~ , 2003. TOWN OF FIRESTO Mayor RESOLUTION NO. 0 3-0 ;2... A RESOLUTION OF THE TOWN OF FIRESTONE ADOPTING THE MODEL MUNICIPAL RECORDS RETENTION SCHEDULE AS THE RECORDS RETENTION SCHEDULE FOR THE TOWN WHEREAS, the Town of Firestone, Colorado (hereinafter the "Town"), wishes to improve its records management practices through the adoption of a records retention schedule; and WHEREAS, the Town recognizes the value of adopting a records retention schedule to provide legal authority for the destruction of nonpermanent records when they are no longer needed and the permanent retention of municipal records that have been determined to have enduring values; and WHEREAS, the Office of the Colorado State Archives adopted the "Model Municipal Records Retention Schedule" (hereinafter the "Model Records Retention Schedule") for statewide use by Colorado municipalities on November 8, 2001; and WHEREAS, the Model Records Retention Schedule is now available for adoption by Colorado municipalities; and WHEREAS, local adoption of the Model Records Retention Schedule will benefit the Town, its residents and taxpayers by providing appropriate retention periods and standards for Town records; and WHEREAS, the Town wishes to adopt the Model Records Retention Schedule as approved by the Colorado State Archives and as it may be subsequently revised and amended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE AS FOLLOWS: Section 1. The Model Records Retention Schedule approved by the Colorado State Archives on November 8, 2001 is hereby approved and adopted as the Records Retention Schedule for the Town, in substantially the same form as the copy of such Schedule accompanying this Resolution. Section 2. The Town Clerk is hereby authorized to make such non-substantive revisions to said Schedule accompanying this Resolution as a necessary or appropriate to reflect adoption of such Schedule by the Town and the provisions of any existing City ordinances. The Town Clerk is hereby further authorized to submit a request to the Colorado Archives for approval for the Town to follow the Model Records Retention Schedule. Section 3. Following receipt of said authorization from the Colorado State Archives for the Town to follow the Model Records Retention Schedule, the Town Clerk shall be, and hereby is, authorized to implement the Model Records Retention Schedule for retention and disposition of the Town's records. s A ---------D, READ AND ADOPTED ,ru, ,. ,,,_ ofJ~w,ry "() ··~·o~N ···• ... \ Jv\A~ $~~~ j -Mi-_c_M_e_l_P~.~S~im~o-n-e,-M-~-o-r __ _ .. •· RESOLUTION NO. 0 3 -0 3 A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES. WHEREAS, Senate Bill 91-33 requires the Town Board to designate the public place or places for posting of notices of public meetings; and WHEREAS, such designation must be made at the first regularly scheduled meeting of the year; and WHEREAS, the Board of Trustees desires by this Resolution to designate the Town Hall as the place for posting of notices of meetings of the Board of Trustees pursuant to Section 24-6-402 (2) ©, C.R.S. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Pursuant to Section 24-6-402 (2) ©, C.R.S., notices of meetings of the Board of Trustees shall be posted in the entryway of Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, 80520. INTRODUCED, READ, AND PASSED this _...,_9_'-.Jfi __ day of January 2003. Michael Simone, Mayor RESOLUTION NO. 0 3 -0 4 A RESOLUTION APPROVING AN OUTLINE DEVELOPMENT PLAN AMENDMENT, PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR SADDLEBACK HILLS LAKE AND CONSERVANCY WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an outline development plan amendment, preliminary subdivision plat and preliminary development plan for the Saddleback Hills Lake and Conservancy subdivision and planned unit development; and WHEREAS, all materials related to the application have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and· Zoning Commission has held a ptbperly noticed public hearing on the application, and .has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed outline development plan amendment, preliminary subdivision plat and preliminary development plan, and has held a properly noticed public hearing on the applications; and · WHEREAS, the Board of Trustees finds that the proposed outline development plan amendment, preliminary subdivision plat and preliminary development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the proposed amended outline development plan, preliminary subdivision plat and preliminary development plan for Saddleback Hills Lake and Conservancy, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. 13-+h day of R,.bruar L/ i ......... ..-•···;oWN····, .. / \ ,AMM-: \... __ ./ ~ Mayor I EXHIBIT A Outline Development Plan Amendment, Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Saddleback HiHs Lake and Conservancy ODP Text and Map _Sheets Text Sheets I. It appears that sheets 1-3 could fit on one sheet if it was appropriately sized. 2. Legal descriptions for all major land use categories (e.g., residential and commercial) must be provided, in addition to an overall legal description. 3. Modify ODP Text Sheets pursuant to Town Planner's redline comments. 4. Ad~ _patio homes t9 the list o( exempted residential produc.t types relative to the 55-foot lot frontages. 5. Prepare vicinity map consistent with Firestone Development Regulations and specifically use Firestone Street grid names. 6. In Section E of the ODP text (Environmental Information), provide a timeline for the plugging and abandonment of the 13 functioning oil wells. Additionally, clarify the wording used in the second paragraph, third sentence. 7. In Section F of the ODP. text (Utilities), correct the following typographical errors: "is planned to consists of .... " and "through an existing outfall and ultimately reaches a wastewater treatment facility .... " 8. In Section G of the ODP text (Grading Concept), correct the following typographical error: "historic stormwater flows that generally flows from the south to the north." 9. Section K of the ODP text (Density) provides the minimum single-family lot sizes shall not be less than 6,600 square feet in size. However, as noted below, there are many lots shown on the Preliminary Plat that are less than 6,600 square feet. Make adjustments as necessary so that all lots meet the minimum 6,600 square foot requirement. I 0. Section P of the ODP text (Private Maintenance and Enforcement) states that a Master Homeowners Association ("HOA"), and perhaps additional HOAs for specific areas of the project, will be formed. Provide the HOA formation documents and proposed covenants for Town review. 11. Revise the Town Approval block on the ODP map to include reference to the Resolution Number. Additionally, show all signature blocks be shown on Sheet I, not Sheet 3. 2 12. The first paragraph under "Regional Impacts" on the ODP map refers to an "Appendix I" for additional information; however, Appendix I in the ODP binder is the list of adjacent· owners and owners of interest. Make corrections .as necessary to correct this reference error. ODP Map Sheets 13. Orient Sheet 4 with North to the left (i.e. flip 180 degrees) as it is hard to read the map this way. 14. Prepare the vicinity map consistent with Firestone Development Regulations and specifically use Firestone Street grid names. 15. Add a note that the internal roadway network shown on the plan is illustrative only, but that such roadway network does indicate planned access points to the Town's existing roadway system. 16. Add USGS topo to ODP map, but keep the topo lin_e~ thin so that t)ley do not confuse the locations o{the land use categories. 17. Add major section line street names to the plan. Use the Firestone Street Grid names. 18. Add a note that the land use category boundaries and other defined land use areas extend to the centerline of all adjoining roadways that are within the overall Saddleback Hills boundary. 19. Confirm that the acreages of all land use categories are consistent with the total acreage of the entire property. The acreages on the map are 26.3 acres less than the legal description. 20. Add area reference indicators (i.e. "Area l ," Area 2", etc.) on the ODP map so that different parcels can be referenced. 21. In addition to the outer boundary legal description, revise the ODP map to include separate legal descriptions for the residential and commercial areas. Preliminary Plat 22. Sheet Index Maps on each sheet need to have the sheet they are detailing highlighted. This needs to be consistent with the layout being platted 23. Change dates from "2002" to "2003". 24. The Title Commitment provided was different than the one referenced on the Cover Sheet. The Legal Description in the Title Commitment shall to match the one provided on the Cover Sheet. 3 25. Use street names from the Firestone street name grid and street naming convention. 26. A vacation of a 50' gasline easement by this plat is called out on Sheet 25 of 27. This easement must be vacated by separate instrument prior to recording the plat. 27. Do not plat road r.o.w. in the northern tracts that are labeled "future development". 28. 90° comers will not be allowed (not an intersection). Provide a curve with a minimum radius of 240'. A minimum of 150' may be allowed by variance, but may also require a sight distance easement. 29. Maintain minimum radius and tangent lengths. For local streets, the requirements are a minimum 240' radius and 100' tangents at intersections. For collectors, it is a minimum 610' radius and 150' tangent. Several locations are noted in the redline comments. We analyzed all the locations where the aforementioned criteria is not met. The redlines indicate which locations are acceptable for a variance or what needs to be done to become acceptable. 30. Label all streets on all sheets. This is a large site with a lot of winding streets. Reviewing will be easier if street names for all streets are. shown on all sheets. 31. A note should be included on the Cover Sheet that lots 1-7 of Block 11 are subject to a 35' gasline setback. There are other locations where this situation occurs and needs to be identified. 32. Make sure all setback lines and easement lines are shown for the gas flowlines. There are several locations noted in the redline comments where a line appears to be missing. 33. It is assumed that there will not be access to Ingalls Street (Road 17) included with this development at this time. There should be a note indicating this on the plat. Currently, Northway Avenue is also being shown to access a future road. It looks like there are three options that could happen: I) Include R.O.W. east of the section line that would allow for the development of Ingalls Street (Road 17) with this project; 2) Provide a turnaround that would allow emergency services, such as a fire truck, to access the lots adequately; or 3) Realign the roadways so they would loop and not have a dead end. 34. When the collector changes to a local (eg. at the intersection of Grand Street and Granite Street), carry the collector section through the intersection (100' minimum) and then use a I 0: I transition taper. 35. Check Tract callouts on the cover sheet. The dedication statement and Notes 7-12 appear to have conflicting ownership. Verify and correct. 36. See Town Engineer's redline plans for additional comments. 37. Provide designation of any flood plains. If the site is not located in the floodplain, add a note that states this and reference the appropriate FEMA map. (9.5.13) 4 "38. · Modify the PDP text and maps sheets pursuant to Town Planners redline comments from 1/30/03 and 2/13/03. 39. Add a note that states: Final trail locations shall be determined at the time ofFDP. 40. Note that the School property shall be dedicated to the Town, for. reconveyance to the School District. 41. Note that the perimeter fencing along Grant Ave. shall be vinyl. 42. Note that all fencing design and details may vary at the time ofFDP, provided that a PDP amendment relative to such fencing simultaneously processed for the adjoining areas for adjoining areas. 43. Note that attached street side walks in close proximity to improved concrete trail system, may be deleted, if approved at the time ofFDP. 44. Local Street right-of-way may be reduced to 54-feet, if approved by the Town Engineer. 45. As technically possible provide access for the southern commercial property to the Frederick "Hidden Creek'' subdivision to the south. 46. Identify a "Entering Firestone" monument sign location on the southern commercial property for use by the Town. 47. Title the "Dedication Statement" as "Ownership and Dedication," and move the signature block for the Owners to below the Ownership and Dedication block. Also revise the Ownership· and Dedication block to use the language set forth in Section 9.5.28 of the Development Regulations verbatim. Finally, remove the reference in the Ownership and Dedication block to "Filing I." 48. Revise "Town Certificate" to read "Town Approval," and add a reference to the Town Board Resolution Number. 49. Correct inconsistent lot numbering issues. 50. Label blocks on all sheets of the preliminary plat. 51. Correct the matchline on Sheet 12, so that it references Sheet 13 instead of Sheet 15. 52. Show in full on a single sheet of the Preliminary Plat. 53. On Sheet 22, show Gateway Street and show the matchline to the bottom of the page. 54. As previously noted, the ODP specifies a minimum lot size of 6,600 square feet. Revise plat so that all lots meet this minimum size requirement. 5 55. Label the Outlots/Tracts as such instead of.simply using _a letter designation. 56. Add a note to the plat stating as follows: Areas proposed for public land dedication shall be subject to final review and approval or rejection by the Planning Commission and Boar at the time of final platting, in accordance with Town criteria. Approval of this preliminary plat shaU not limit the Town's discretion to approve or reject such proposed dedications."· Additionally, work with staff to identify specific public land dedications. Preliminary Development Plan Text 57. Modify documents pursuant to Town Planner's, Attorney's and Engineer's redline comments and correspondence. Preliminary Development Plan Map Sheets 58. Modify· do·cuments pursuant to ·Town· Plantier'$, --Attorney's arid Engineer's redline comments and correspondence. 59. Revise the street names to comply with the Town's street naming grid and street naming convention, and to eliminate duplication of street names. _ 60. Add a note to the Water Chart shown on Sheet 29 that states "Actual water dedication requirements shall be calculated by the Town pursuant to the Town's policies and standards at the time of Final Development Plan." 61. Prepare language acceptable to Town Staff describing the nature, operation, and source of the irrigation system that will be detailed in a future FDP. This language shall be added to the PDP text in the Landscaping section and shall be used as a guide by the Staff in evaluating the final system detailed in a future FDP. Additionally, add language to the PDP that any areas identified for native vegetation shall be irrigated unless otherwise approved by the Town. 62. Revise the Town Approval block to include reference to the Town Board Resolution Number. 63._ Clarify the matchlines used on the PDP map. 64. "Exhibit A" should be labeled as an Overall Site Plan, as is indicated in the PDP binder Table of Contents. Preliminary Utility Plans and Technical Reports 65. Modify documents pursuant to Engineer's redline comments and correspondence. General 6 66. Provide written correspondence from the school district that the school site is acceptable. 67. Provide written correspondence from the Coal Ridge Ditch Company if a trai.l along the ditch is to be provided. . 68. Add a note to the plat and PDP stating as follows: "This preliminary l[Dlat] development plan] assumes the vacation or rerouting of numerous easements and resolution of other significant physical, legal and land use constraints which may, if not resolved; result in substantial Town-required revisions at the time of final plat] plan] submittal." 69. Add a note to the PDP text that a detailed horticulture report will be provided to address soil amendment requirements and recommendations for grass mixtures. 70. Prior to FOP and Final Plat, explore the feasibility of removing one or more lots in the line(s) of 55-foot lot frontages to create slightly larger lots that provide a better transition from nearby large lots. 71. Add a note to the PDP t~at at the time of FOP surveyed locations of all plugged and abandoned wells will be provided. · 72. Offset new wells·to the extent possible in open space areas to provide more usable area. 73. Update the traffic study to include the responses to Staffs previous comments offered in the letter dated January 24, 2003 by the traffic consultant. Revise the traffic study to recommend necessary improvements to the proposed intersections so that a minimum Level of Service of C is attained. 74. Revise documents to address redline comments of the Town Engineer for the Amended ODP, PDP, Preliminary Plat, Preliminary Utility Plans, and associated technical documents. 75. Provide an updated tax certificate. 7n.6/~ 7: 17 AM jkkh) \UkscrvCJ\company\Firestonc\Subdiv\SaddldlackHills,POP. TB,re.s.doc 7 RESOLUTION NO. 03-05 A RESOLUTION ESTABLISHING THE FIRESTONE YOUTH ADVISORY PANEL WHEREAS, the Board of Trustees of the Town of Firestone believes that our youth should share with their community leaders the responsibility for addressing their needs, desires, challenges and issues;and WHEREAS, the Board of Trustees recognizes that the young people of our community have unique and valuable insights to provide with respect to such needs, desires, challenges and issues; and WHEREAS, the Town wishes to establish a Youth Advisory Panel to advise and assist the Board of Trustees with respect to issues that affect the youth of the Town of Firestone. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J. There is hereby created a Youth Advisory Panel (hereinafter "the Panel"). The Panel shall be composed of eight (8) youth who are Town residents. All appointments shall be made by the Trustee designated as Health and Welfare Commissioner with the consent of the Board of Trustees. Section 2 One (1) Town staff member and one (1) member of the Board of Trustees, to be appointed by the Mayor, shall serve as advisory members of the Youth Advisory Panel who shall have the right to participate in all meetings of the Panel; except that, they shall not have the right to vote. Section 3-All regular members of the Youth Advisory Panel shall serve for a period of one (1) year, or such shorter or longer terms as the Board of Trustees may determine in its sole discretion will best serve the purpose and mission of the Panel. The initial appointments shall run through August 31, 2004. Thereafter, the term of each member shall run from September I through August 31. Section 4 All members shall be residents of the Town of Firestone and shall have completed at least the eighth grade. Section 5 The Panel shall elect a chairperson from the appointed members and shall create and fill such other of its offices as it may determine. The term of the chairperson shall be one (1) year, with eligibility for re-election. Section 6 The powers of the Youth Advisory Panel shall be advisory only. It shall be the purpose and mission of the Panel: (A) To advise the Board of Trustees and Staff on community youth matters. (B) To make recommendations to the Board of Trustees and Staff regarding the development of local programs to address youth issues. (C) To encourage citizen participation in community youth issues. (D) To adopt, subject to the approval of the Board of Trustees, rules and regulations for the conduct of meetings of the Youth Advisory Panel. (E) The Panel shall not make recommendations or advise on matters pertaining to internal Town organiz.ation policies, or programs relating to staffing or other personnel matters. Section 7 The Panel shall meet at least monthly during the months of September through May and at such other times that the Board of Trustees or the chairperson of the Panel may request. A record of the minutes of each meeting shall be kept and placed in the offices of the Town Clerk for public inspection. The meetings of the Youth Advisory Panel shall be subject to the same provisions of the Town's open meetings and open records laws as are applicable to the Board of Trustees and the Town's Boards and Commissions. Section 8 Any item proposed by the Panel for action by the Board of Trustees shall be approved in advance by the Trustee who is an advisory member of the Panel. Section 9 Nothing in this establishing Resolution shall be deemed or construed as extending to the members of the Panel any of the requirements, rights or privileges granted to the members of those Boards and Commissions created pursuant to Town ordinances . ..µ INTRODUCED, READ, and ADOPTED this..77 day of 'feb1u Qry , 2003. Michael P. Simone Mayor I ·····-······ ,... •... TOWN ··· ... \ SEAL , \ ATIESV: ·-...... . .... ·· ~~ J He o d :c: J/41t13 10:21 AM(1"b]\\21i::scmraxnpany\F"irCSllxK'.R.Cl\YwthAlhmyPimdmsdoc RESOLUTIONNO. 03~00 A RESOLUTION APPROVING AN AGREEMENT WITH TST, INC. CONSULTING ENGINEERS FOR COMPLETION OF AN UPDATED WATER MASTER PLAN WHEREAS, the Town last completed a water master plan study in 1995 and desires to complete an updated study of the Town's water demands, water facilities, water and related matters; and WHEREAS, an Agreement has been proposed between the Town and TST Inc. Consulting Engineers for completion of such an updated water master plan for the Town. NOW THEREFORE, BE IT RESOL YEO BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The proposed Agreement for Professional Engineering Services between the Town and TST, Inc. Consulting Engineers for completion of the Town of Firestone 2003 Water Master Plan (Project No. 0668120) is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2 The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not aitered. INTRODUCED, READ, and ADOPTED this.27...µ.. day of M1ua11 , 2003. J TOWN OF FIRESTONE, COLORADO .............. ·10~111 ••,. ~ E~L Michael P. Simone Mayor ~ 1/lMD6'f17PM!s.il)f;'OFFICE\Y~W~ RESOLUTION NO. 03--0J A RESOLUTION APPROVING AN APPLICATION FOR THE RENEW AL OF TEMPORARY USE PERMITS FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees hereby authorized the application by the Town to the Northern Colorado Water Conservancy District for the renewal of temporary use permits, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. The Town Clerk shall submit a certified copy of this Resolution, together with the signed appl\cation and payment in the amount of the applicable fees, to the District. INTRODUCED, READ, AND ADOPTED this ~7tn day of Fehoo.ry , 2003. I SEAL ······· .... •·· Michael Simone, Mayor ATTEST: To: Board of Directors APPLICATION FOR THE RENEW AL OF TEMPORARY USE PERMITS Northern Colorado Water Conservancy District March 1979 By resolution of the Town Board adopted at a regular meeting l<.bruarY 2 7 , 2 00 :3 • the Town of Firestone hereby applies for the renewal of the Temporary Use Permits shown below for a'period terminating March I, 2004. A check for payment of the water assessment charges for the renewal year in accordance with the accompanying statement is attached. The Town of Firestone agrees to the terms of the Temporary Use Permits listed below and made a part hereof: Permit or Renewal Dated Acre-Feet Permit or Renewal Dated Acre-Feet Permit --February 8, 2002 Permit --March 8, 2002 Permit --March 8, 2002 Permit --March 8, 2002 Permit --March 8, 2002 Permit --March 8, 2002 Permit --April I 2, 2002 Permit --April I 2, 2002 213 80 55 IO JO IO 46 20 Permit -April 12, 2002 Permit --April 12, 2002 Permit --April 12, 2002 Permit --May I 0, 2002 Permit --August 9, 2002 Permit --August 9, 2002 Permit -October 11, 2002 Permit -December 13, 2002 TOTAL acre-feet for which renewal is requested TOWN OF FIRESTONE ORDER ON APPLICATION 3 23 6 7 15 35 175 4 712 Application having been made by the Town of Firestone for the renewal of the Temporary Use Permits shown above. it is hereby ORDERED that said application be granted and the District agrees to the use by the Town ofFirestone of such portion of the above amount of water as may be declared by the Board of Directors of the District to be available for delivery during 2003 upon payment of$14,453.60 for the 712 acre-feet hereinabove totalled. Acting Secretary Date: __________ _ NORTHERN COLORADO WATER CONSERVANCY DISTRICT By: --,-,------------President RESOLUTION NO. 03-08 A RESOLUTION PRESCRIBING BUSINESS LICENSE FEES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, pursuant to state law, including but not limited to C.R.S. section 31-15-501, the Town is authorized to require the licensing of businesses within the Town; and WHEREAS, the Board has by ordinance established a general business licensing requirement for businesses within the Town, which requirement will help ensure the Town has necessary information concerning businesses in the Town; and WHEREAS, such ordinance provides for a business license fee to be set by resolution of the Board of Trustees; and WHEREAS, the fees set by this resolution are reasonable and intended to defray the costs of administering the business licensing requirements set forth in the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annual business license fee required to be paid pursuant to Chapter 5.04 of the Firestone Municipal Code is hereby set at twenty-five dollars ($25.00). The fee to be paid pursuant to Section 5.04.140 for the transfer of·a business license is hereby set at fifteen dollars ($15.00). Section 2. The fees set herein shall be subject to proration or other adjustment as authorized by Chapter 5.04 of the Firestone Municipal Code. Section 3. The fees set by this resolution shall take effective April 21, 2003, and may thereafter be amended from time to time by resolution of the Board of Trustees. ~ PASSEDANDADOPTEDTHIS /3 DAYOF m4f<.C-fl 2003. TONE,CsOLORADO Michael P. Simone, Mayor J/11/03 9:S7 AM{SJL)F:\Offtee\Fkcstonc\Resolution\Businessl.k:cnsefee RESOLUTION NO. 03-09 A RESOLUTION APPROVING SPECIAL USE PERMITS FOR ENCANA ENERGY RESOURCES, INC. TO LOCATE SIX OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Encana Energy Resources, Inc. (hereinafter "Encana" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use pennits to locate within the Town six oil and gas wells referred to as the proposed Wandell 31-7, Wandell 41-7, Wandell 42-7, McCoy 14-5, McCoy 23-5 and McCoy 24-5 wells; and WHEREAS, Encana has submitted the applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the requested special use permits have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the requested special use permits, and has forwarded to the Board ofTrustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use pennits, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the requested special use pennits should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sertioo 1 The Board of Trustees does hereby approve the special use pennit requests of Encana Energy Resources, Inc. for location of the Wandell 31-7, Wandell 41-7, Wandell 42-7, McCoy 14-5, McCoy 23-5 and McCoy 24-5 wells within the Town of Firestone, in the locations more particularly descnbed in Exhibit A attached hereto, subject to the following conditions: SECTION A· Conditions on Waodell 31-7, Wandell 41-7, and Wandell 42-7 Wells- I. Applicant shall install a temporary berm acceptable to the Town Engineer on the southern portion of the drilling area to assist in mitigating noise during drilling. 2. The drill rig used for drilling operations shall be a Model CAZA-54. SECTION R· Conditions oo McCof )4-5, McCof 23-5, and McCof 24-5 Wells 3. Add the last sentence of Note 6 on the Wandell map sheets to these map sheets. SECTION C· General Conditions Applicable to 411 Wells 4. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve ( 12) feet. 5. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 6. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and aflecting the well. 7. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 8. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 9. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. I 0. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. I I. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 2 12. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 13. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 14. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 1 S. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 16. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 17. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 18. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 19. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 20. To the extent reasonably possible, keep the door to the drill rig engine closed. 21. Revise plans to conform to redline comments of the Town Engineer. 22. Add revision date(s) to all resubmitted plans. 23. The use of pump jacks shall be limited to those running on electric motors. PASSED AND ADOPTED this lQ_ ~of .A-PR-i L Michael P. Simone Mayor EXHIBIT A: Well Locations The approximate surface location of the Wandell 31-7 Well is 670 feet from the north line and 1894 feet from the east line of Section 7, Township 2 North, Range 67 West, 6th P.M., being located in the NW1/4NE1/4 of said Section 7. Said location is in the NEl/4 of said Section 7, lying northeast of the intersection of Colorado Boulevard (Road 13) and Sable Avenue (Road 22). The approximate surface location of the Wandell 41-7 Well is 990 feet from the north line and 1030 feet from the east line of Section 7, Township 2 North, Range 67 West, 6th P.M., being located in the NE1/4NE1/4 of said Section 7. Said location is in the NE1/4 of said Section 7, lying northeast of the intersection of Colorado Boulevard (Road 13) and Sable Avenue (Road 22). The approximate surface location of the Wandell 42-7 Well is 990 feet from the north line and 1010 feet from the east line of Section 7, Township 2 North, Range 67 West, 6th P.M., being located in the NEl/4NEl/4 of said Section 7. Said location is in the NEl/4 of said Section 7, lying northeast of the intersection of Colorado Boulevard (Road 13) and Sable Avenue (Road 22). The approximate surface location of the McCoy 14-5 Well is 490 feet from the south line and 490 feet from the west line of Section 5, Township 2 North, Range 67 West, 6th P.M., being located in the SWl/4SWl/4 of said Section 5. Said location is in the SW1/4 of said Section 5, lying northeast of the intersection of Frontier Street (Road 15) and Firestone Boulevard (Road 24 ). The approximate surface location of the McCoy 23-5 Well is 2130 feet from the south line and 2130 feet from the west line of Section 5, Township 2 North, Range 67 West, 6th P.M., being located in the NEl/4SWl/4 of said Section 5. Said location is in the SWl/4 of said Section 5, lying northeast of the intersection of Frontier Street (Road 15) and Firestone Boulevard (Road 24). The approximate surface location of the McCoy 24-5 Well is 476 feet from the south line and 2250 feet from the west line of Section 5, Township 2 North, Range 67 West, 6th P.M., being located in the SE 1/4SWl/4 of said Section 5. Said location is in the SWl/4 of said Section 5, lying northeast of the intersection of Frontier Street (Road 15) and Firestone Boulevard (Road 24). 4/11/03 8:42 AM[kkh] \\2kscfvdlcompany\f"=10nc\Subdiv\E.ncanaWclb.Boan:1.res.doc 4 RESOLUTION NO. 03-10 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR ENCANA ENERGY RESOURCES, INC. TO LOCATE A COMPRESSOR STATION WITHIN THE TOWN OF FIRESTONE. WHEREAS, Encana Energy Resources, Inc. (hereinafter "Encana" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone an application for a special use permit to locate within the Town a Miller Dier compressor station; and WHEREAS, all materials related to the requested special use permit have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the requested special use permit, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permit, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the requested special use permit should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sertiou J. The Board of Trustees does hereby approve the special use permit request of Encana Energy Resources, Inc. for location of the Miller Dier compressor station within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following condition: I. The equipment and station shall be operated at all times in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for equipment and station and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent filings for such equipment and station. 2. Within 60 days of approval, applicant shall provide the Town with at least one set of sound level measurements for the station taken under current and normal operating and ambient noise conditions. Such measurements shall be taken in accordance with COGCC Rule 802. Operation of the facilities at noise levels ten percent or more above such current levels on two or more occasions within a six-month period shall require a new special use permit. Measurements for determining compliance with this provision shall be in accordance with COGCC Rule 802. The foregoing shall not apply to emergency situations. --JI, p . PASSED AND ADOPTED this K day of 4 RI / , 2003 . ............ .••. •·•toWN ~ : ' ,A~t ! ···...•• . ........ · 2 Michael P. Simone Mayor EXH.IBIT A: Compressor Station Location The proposed compressor and related facilities are located north of Pine Cone Avenue and east of Frontier Street in the SEI/4 of the SEl/4 of Section 17, Township 2 North, Range 67 West, 6th P.M. 04/1 lflOO) 9:43 AM [kkh] \\2ksQvd.company\f"uatone\.5ubdiv\Enam&Compressor.Board.res.doc RESOLUTION NO. 03-1 I A RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT PLAN, PRELIMINARY PLAT, OVERALL FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR FIRESTONE CENTER WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat, preliminary development plan, overall final development plan and final plat for Firestone Center; and WHEREAS, all materials related to the proposed preliminary subdivision plat, preliminary development plan, overall final development plan and final plat have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed preliminary subdivision plat, preliminary development plan, overall final development plan and final plat and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat, preliminary development plan, overall final development plan and final plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat, preliminary development plan, overall final development plan and final plat for Firestone Center should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Board of Trustees hereby approves the proposed preliminary subdivision plat, preliminary development plan, overall final development plan and final plat for Firestone Center, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this ;1.t;#' day of ./lj)f; L Michael P. Simone •... .., ·•. 10'11.. ...., rs£-~\,/ ··-.... . ... •··· Mayor 2 EXJilBIT A Preliminary Subdivision Plat and Preliminary Development Plan Overall Final Development Plan and Final Plat Conditions of Approval Firestone Center Applications Notebooks I. In the Vicinity Map, remove the note "To Firestone". 2. In the Vicinity Map, reference WCR 20 as Pine Cone Street. 3. Provide an updated tax statement. 4. Provide an updated title commitment. 5. Correct spelling errors throughout, and clarify the types of tenants. 6. Clarify the name of the owner. Throughout the applications the owner information is variously referred to as Dotson Cavalli or Cavalli Dotson. 7. Provide the correct address for the Town of Firestone in all places in the applications. Preliminary Plat 8. Remove setback information, as such information is on the PDP. 9. Correct Owner/Developer section. 10. The acreages in the Legal Description shall match those shown on the PDP. Also verify that these match what was approved with the Mountain Shadows Plat. 11. Place Curve Table on Sheet 2. 12. Graphically fade back adjacent property lines and labels so that only the Firestone Center Lots stand out. 13. Adjust plans to not show access to Firestone Blvd between Lots 5 and 6, or Lots 6 and 7. 14. Provide a note explaining the 200' dimension around the wellhead in Tract A. 15. Modify plat consistent with Town Engineer's redlines. 16. Use proper title block on all sheets of the application. 17. Remove the term "Landscape Easement" from Tract F m the Mountain Shadows subdivision. 18. Modify the dedication language consistent with the comments of the Town Attorney. 19. Modify the surveyor's statement consistent with the comments of the Town Attorney. 20. Show the name, address and telephone number of the owner of the proposed wellhead. 21. Correct typographical error regarding minimum lot size. 22. Include provisions for maintenance of drainage in Tracts C and D, which shall be reviewed and approved by the Town Engineer. Preliminary Development Plan Iext 23. Provide information relative to cross access and parking easements and properly reflect such information on the Preliminary Plat. 24. Show zoning for the property is RC and not NC. 25. In the Project Concept section further discuss project "quality". 26. In the Regional Impacts sections remove the word "Frederick" and replace it with "and the region". 27. The Lot Setbacks and Building Height section should be replaced with a note to see building setback lines on the PDP Map sheet, as it would be difficult to determine the front, rear and sides of many of the buildings. 28. Create an architectural section and generally describe the type of buildings anticipated. Add a general statement that buildings shall be of a high quality contemporary architectural look with a complementary color and accent scheme. 29. Provide general concepts and parameters for project signage. 30. In the Land Use -Zoning -Density section, clarify the permitted land uses as those permitted for this zone district and land use category in the Firestone Development Regulations. 4 31. Include provisions stating that portions of Tract A will have higher quality landscaping along and for some distance away from Cimarron St. and Lot!. 32. Add a note regarding service locations from the US Postal Service. 33. Add a note that PDPs and FDPs will be further required for each lot prior to development. 34. Add examples of typical building and architectural style, incorporating the suggestions discussed at the public hearing and entered into the record. 35. Add the Concept Plan to the PDP. 36. Building elevations should use texturing. Map Sheets 37. Replace "Final" with "Preliminary" in the Title Block. 38. Add the Cimarron Street name. 39. Show Block and Lot numbers on all sheets. 40. Show Lot square footage on all sheets. 41. Show Tracts and easements on all sheets. 42. Extend tree and shrub screening to the west, north of the potential gas well site. 43. Clarify the size of the parcel, as it is different from the size shown on the preliminary plat. Utility Plans, Technical Reports and Studies 44. Modify plans consistent with comments from Town Engineer. Final Plat 45. Modify Plat pursuant to comments on Preliminary Plat noted above. 46. Clarify references to landscape easements and properly reflect previous right-of-way dedications. Overall Final Development Plan .s 47. Modify FOP pursuant to comments on Preliminary Plat noted above. 48. Place architectural "typicals" in the PDP. 49. Extend tree and shrub screening to the west, north of the potential gas well site. 50. Provide additional detail regarding landscaping and fencing, as presented at the public hearing. 51. Show additional trees, shrubs and other appropriate landscaping along Colorado Boulevard. 52. Applicant to work with staff to ensure the Firestone Trail appropriately meanders throughout this parcel, while maintaining the necessary functional relationship to the other improvements to be constructed. Applicant shall execute a license agreement regarding any development activities on or impacting the Trail. 53. Signs shall be clear and legible relative to indicating particular vendors on the property, and incorporating the suggestions discussed at the public hearing and entered into the record. 54. Incorporate a few benches into the landscape plan. 55. The development shall be permitted to have two major temporary marketing signs for Firestone Center and Mountain Shadows that shall be processed as a temporary structure pursuant to Section 6.11 of the Firestone Development Regulations. General 56. Rotate Firestone information blocks to be "up". 57. The cross access and easement agreement for the development shall be recorded at the time of recording of the final plat. 4/24/2003 3:46 PM[sjl] F:\Company\Ftrestone\Subdiv\FiresioneCcnterPDP ODP .Board.res.doc 6 RESOLUTION NO. 03-12 A RESOLUTION PRESCRIBING WATER RATES AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") operates a municipal water system; and WHEREAS, the Town and Central Weld County Water District ("CWCWD") are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, CWCWD from time to time imposes increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of providing, operating and maintaining the Town's water system, and in consideration of applicable CWCWD increases, the Board of Trustees has determined that increases in the water system rates and charges are necessary to correspond with CWCWD increases and/or the Town's increased operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: Meter Size 5/8" 3/4" I" 1-1/2" 2" 3" 4" 6" Base Rate Water Included in Base Charge Rate (Gallons) $22. 75 5,000 $34.25 7,000 $57.00 12,000 $136.50 30,000 $227.50 50,000 $524.75 115,000 $932.00 204,000 $2,095.50 460,000 Additional Water per 1,000 Gallons Gallons Rate 5,001-15,000 $1.50 15,001-20,000 $1.75 above 20,000 $2.25 7,001-15,000 $1.50 15,001-20,000 $1.75 above 20,000 $2.25 above 12,000 $1.75 above 30,000 $1.75 above 50,000 $1.75 above I I 5,000 $1.75 above 204,000 $1.75 above 460,000 $1.75 Section 2. Connection fees, capital investment and repair charges. The following connection fees and capital investment and repair charges shall be imposed, except that the Town I of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights-of-way, open space, or medians, or any facility developed, owned or paid for by the Town. Capital Connection Investment Capital Meter Charge and Repair Investment Size CWCWD Town CWCWD · Total 5/8" $ 5,800 $ 600 $ 4,000 $ 10,400 3/4" $ 7,700 $ 900 $ 6,000 $14,600, l" $12,500 $ 1,500 $10,000 $24,000 1-1/2" $23,000 $ 3,000 $20,000 $46,000 2" $36,400 $ 4,800 $32,000 $73,200 Connection fees, capital investment and repair charges for taps requiring a meter larger than 2" shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town, connection charge and capital investment fees imposed by CWCWD, and all other factors relevant to the application. Pursuant to the tenns of an Intergovernmental Agreement for Water Main Extension ("Agreement") by and between the Town, the CWCWD, the Town of Frederick, and the City of Dacono dated February 16, 1994, the foregoing connection fees may be reduced by the amount set forth below for new water taps purchased to provide water service to any lot platted prior to January 1, 1994, which lot is located within the present Town boundaries. Such reduction shall only apply to the first twenty five (25) water taps purchased for such platted lots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter Tap Size 5/8" 3/4" l" 1-1/2" 2" Reduction Amount $ 2,000 $ 3,000 $ 5,000 $10,000 $16,000 Section 3. Construction Hydrant Meter Rental Tenns. The following fees shall be imposed for hydrant meters supplied by the Town for construction water use. A Hydrant Connection Permit must be obtained from the Town Clerk prior to any water being used from any fire hydrant. Such permit shall be valid for a period not to exceed 6 months. Deposit Administration Fee Meter Rental 2 $ 1,000.00 per meter $ 25.00 per permit $ 2.00 per day Late Charge Water Usage Rate $ $ 5.00 per day 2.50 per 1,000 gallons Section 4. This Resolution shall become effective on July 1, 2003. Section 5. All other resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. PASSED AND ADOPTED THIS \ s+ DAY OF _J_L....L:=c;,~-,.<:::+,, 2003 . . TOWNOF ~ Michael P. Simone, Mayor A S,6/03 I :JS PM[twb J\\2bervei'lcompany\flrestone\Rcs\WaterRateResolution (2003).doc 3 RESOLUTION NO. 03-/ 3 A RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR EXPANDED GRAVEL MINING ACTIVITIES ON A PORTION OF THE SHORES ANNEXATION TO THE TOWN OF FIRESTONE. WHEREAS, by Resolution No. 98-11, the Board of Trustees of the Town of Firestone approved a Conditional Use Permit to conduct gravel mining activities on a portion of the Shores Annexation within the Town; and WHEREAS, a first amendment to such conditional use permit was approved by Resolution No. 99-lt_; and WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone an application for an amendment to this Conditional Use Permit to expand the gravel mining activities on this site in the Shores Annexation; and WHEREAS, the property that is the subject of the Conditional Use Permit amendment application is a portion of The Shores Annexation to the Town of Firestone, as more particularly described and depicted in Exlnbit A attached hereto and incorporated herein by this reference; and WHEREAS, all materials related to the proposed conditional use have been reviewed by Town staff and the Firestone Planning and Zoning Commission; and WHEREAS, the Firestone Planning and Zoning Commission has held a duly-noticed public hearing on the application and has forwarded its recommendation to the Board of Trustees; and WHEREAS, the Board of Trustees has duly considered the Commission's recommendation and has held a duly-noticed public hearing on the Conditional Use Permit amendment application; and WHEREAS, the Board of Trustees finds that the proposed amendment to the conditional use meets the conditional use permit criteria set forth in Chapter 17.32 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the proposed Conditional Use Permit amendment should be approved subject to certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: 1 Section J. The Board of Trustees does hereby approve an amended Conditional Use Permit for gravel mining activities on that portion of The Shores Annexation to the Town of Firestone described and depicted in Exlubit A attached hereto and made a part hereof; subject to the following conditions: I . Mining operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Mined Land Reclamation Board permit and the final conditional use permit application materials approved by the Town Board, which materials are incorporated herein by reference. 2. The Owners/ Applicant shall promptly provide to the Town copies of all permits, pennit amendments, and compliance orders issued by federal and state agencies with respect to mining operations on the site. 3. Prior to commencement of mining activities, the Owners/Applicant shall provide additional information acceptable to the Town Engineer detailing how stormwater runoff will pass through the site from off-site contnbuting areas and how stormwater runoff from the mining site will be conveyed to the St. Vrain River. 4. All non-point and point source stormwater discharges shall meet all applicable Town of Firestone rules, regulations, and standards. No stormwater runoff in excess of historic levels, or of a quality less than historic discharges, shall be discharged into any irrigation ditch, and no irrigation ditch shall be relocated or disturbed, without the written consent of the affected ditch owner. 5. The mining reclamation plan shall meet all Federal Emergency Management Agency (FEMA) requirements regarding disturbances in the floodplain. 6. No fuel tanks, septic tanks, temporary buildings, or any hazardous or toxic materials shall be placed within the limits of the 100-year floodplain. 7. At no cost to the Town and at all times while the site is being mined, the Owners/ Applicant shall maintain those portions of Road 9-3/4 which are adjacent to the site and which are used by Owners for mining related activities. Maintenance shall include, but not be limited to, grading, snow removal, and dust suppression by techniques approved by the Town, all on an as-needed basis. 8. Prior to commencement of expanded mining operations on the site, the Owners/ Applicant shall obtain any amendments that may be required for its access permit for access onto Road 9-3/4. Owners/ Applicant shall continue to maintain the acceVdecel lanes on Road 24 at its intersection with Road 9-3/4 at all times while the site is being mined. 2 9. Truck access for mining operations shall be limited to Road 24, Road 9-3/4, and the mining access driveway as depicted in the final, amended conditional use pennit application materials approved by the Town Board. Owners/ Applicant shall at its expense provide appropriate signage to prevent the use of Road 24-3/4 as a truck route for mining operations. I 0. Adequate access to oil and gas fucilities shall be maintained at all times during mining operations. 11. No more than one mining phase, as depicted on the final mining plan approved by the Town, shall be subject to mining at any one time; however, mining and reclamation activities may be performed concurrently. 12. No operations shall be conducted on Sundays except for operation of administrative offices, necessary equipment repairs, and emergencies as approved by the Town. 13. Owners/Applicants shall continue to maintain all landscaping and berming required to be installed adjacent to Roads 9-3/4 and 24, as depicted in the original and amended conditional use pennit application materials approved by the Town Board. Such items shall be maintained in a healthy and growing condition, and the Owners/ Applicant shall provide a sufficient guarantee to ensure continued maintenance of the landscaping. 14. The rights of operation under this Conditional Use Pennit shall be personal to Hall- Irwin Corporation and shall not be transferred to any other operator without the prior written consent of the Town. 15. The Conditional Use Pennit shall expire no later than twenty-five (25) years from the date of this approval, or the date of expiration of the Colorado Mined Land Reclamation Board pennit for the site, whichever first occurs. 16. All mining activities shall meet applicable air quality standards and pernnttmg requirements of the Colorado Air Quality Control Commission with respect to air pollutants and fugitive dust. 17. All processing equipment, offices, and material stockpiles shall be located as depicted on the final conditional use pennit application materials approved by the Town Board. All other mining equipment, vehicles, and accessory equipment shall be located behind building setback lines as established pursuant to the Firestone Development Regulations. I 8. Not more than one septic system may be installed to serve the mining operations. The septic system shall be designed by a registered professional engineer and conform to the individual sewage disposal system (ISDS) regulations of the Weld County Health 3 Department and applicable regulations of the Saint Vrain Sanitation District. 19. Officials, employees, and representatives of the Town of Firestone shall be granted access onto the site at any reasonable time to make inspections and otherwise ensure the mining operations are being conducted in confonnance will all applicable Town approvals, ordinances, resolutions, rules, regulations and standards. 20. The Owners/ Applicant shall be responsible for complying with all conditions of approval. Noncompliance with any conditions of approval shall be grounds for revocation by the Town Board of the Conditional Use Permit. The term "Owners/ Applicant" shall include Hall-Irwin Corporation, the current owners of the surface and mineral estates of the property descnbed in Exlnbit A, and their respective successors, assigns, and grantees; subject, however, to the requirement that any change in operator require prior written approval of the ToWIL 21. Any change in operations of the site, as approved, shall require additional conditional review use approval from the Town, provided the subject matter of the change is within the jurisdiction of the ToWIL 22. The Owners/ Applicant shall in writing agree to and accept all conditions set forth herein. 23. The Conditional Use Permit shall be consistent in time frame as the State MLRB permit. 24. Mr. Basey's well (11723 Weld County Road 13) shall be included in the overall study to demonstrate the operation will not have a detrimental effect. 25. Language will be incorporated at the time of Preliminary Development Plan application providing recreational opportunities for the lakes. Section 2. The retail activities allowed under the first amendment to the conditional use permit may be continued as authorized under Resolution No. 99-Jb_. lNTRODUCED, READ, and ADOPTED this ~ day of '-fY7 ~ e , 2003. ly;p d2 4 Michaef P. Simone · Mayor .... -·•··•• ... ···,.owN ··• ... I \ sEi\L . . ~-... .. .. .. .. ... . .. ATTEST: S/9/0] 7:24 AM [kkb) F:\Company\FRStont\SubdMSho~UP.AmCPd.doc 5 EXHIBIT A Legal Description SHORES OVERALL BOUNDARY LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 1 AND THE EAST ONE-HALF OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 1, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 1 BEARS NORTH 89°48'47" WEST 2742.46 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1, NORTH 01°31'07" EAST 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°48'47" WEST, A DISTANCE OF 2741.93 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 2 BEARS SOUTH 01°32'32" WEST, A DISTANCE OF 30.01 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°23'29" WEST, A DISTANCE OF 3.00 FEET TO A POINT ON THE BOUNDARY LINE OF RECORDED EXEMPTION NO. 1313-2-4-RE405 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID RECORDED EXEMPTION THE FOLLOWING 4 COURSES: 1) NORTH 01°32'32" EAST, A DISTANCE OF 509.83 FEET; 2) THENCE SOUTH 62°58'03" WEST, A DISTANCE OF 295.73 FEET; 3) THENCE SOUTH 30°27'35" WEST, A DISTANCE OF 207.93 FEET; 4) THENCE SOUTH 17°05'42" WEST, A DISTANCE OF 200.47 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°23'29" WEST, A DISTANCE OF 847.08 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 9 3/4; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 01°24'10" EAST, A DISTANCE OF 2627.77 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, WHENCE THE EAST ONE-QUARTER CORNER OF SAID SECTION 2 BEARS SOUTH 89°17'33" EAST 1270.51 FEET; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 01°22'57" EAST, A DISTANCE OF 1284.74 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24.3/4; THENCE ALONG SAID SOUTH RIGHT- OF-WAY LINE SOUTH 89°32'40" EAST, A DISTANCE OF 1274.12 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1, WHENCE THE WEST ONE-QUARTER CORNER OF SAID SECTION 1 BEARS SOUTH 01°32'22" WEST, A DISTANCE OF 1290.39 FEET; THENCE SOUTH 89°32'40" EAST, A DISTANCE OF 0.98 FEET; THENCE NORTH 88°53'55" EAST, A DISTANCE OF 1335.61 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 1 AND THE BOUNDARY LINE OF 6 RECORDED EXEMPTION NO. 1313-1-2-RE2024 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING 13 COURSES: 1) THENCE SOUTH 01°00'57" WEST, A DISTANCE OF 588.01 FEET; 2) THENCE NORTH 57°24'01" EAST, A DISTANCE OF 528.30 FEET; 3) THENCE NORTH 61°56'00" EAST, A DISTANCE OF 259.69 FEET; 4) THENCE SOUTH 01°18'11" EAST, A DISTANCE OF 65.63 FEET; 5) THENCE NORTH 74°45'41" EAST, A DISTANCE OF 225.12 FEET; 6) THENCE NORTH 72°54'58" EAST, A DISTANCE OF 116.39 FEET; 7) THENCE NORTH 85°13'21" EAST, A DISTANCE OF 132.54 FEET; 8) THENCE SOUTH 89°34'59" EAST, A DISTANCE OF 55.00 FEET; 9) THENCE SOUTH 53°49'45" EAST, A DISTANCE OF 30.81 FEET; 10) THENCE SOUTH 82°27'29" EAST, A DISTANCE OF 48.37 FEET; 11) THENCE SOUTH 83°14'34" EAST, A DISTANCE OF 27.17 FEET; 12) THENCE SOUTH 71°38'47" EAST, A DISTANCE OF 56.37 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION l; 13) THENCE ALONG SAID WEST LINE NORTH 00°31'00" EAST, A DISTANCE OF 243.90 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION l; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF NORTH 88°52'29" EAST, A DISTANCE OF 1969.28 FEET TO THE NORTHWEST CORNER OF RECEPTION NO. 1447451, RECORDED OCTOBER 16, 1964 IN THE WELD COUNTY RECORDS; THENCE ALONG THE WEST LINE OF SAID RECEPTION SOUTH 00°25'03" WEST, A DISTANCE OF 330.12 FEET; THENCE SOUTH 00°21'58" WEST, A DISTANCE OF 262.96 FEET TO THE NORTHWEST CORNER OF RECEPTION NO. 1508174, RECORDED SEPTEMBER 26, 1967 IN THE WELD COUNTY RECORDS; THENCE ALONG THE WESTERLY BOUNDARY LINES OF SAID RECEPTION NO. 1508174 AND RECEPTION NO. 1425433, RECORDED JANUARY 6, 1964 SOUTH 00°25'03" WEST, A DISTANCE OF 725.09 FEET; THENCE NORTH 89°05'39" WEST, A DISTANCE OF 1971.04 FEET TO'A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION l; THENCE ALONG SAID WEST LINE SOUTH 00°31'00" WEST, A DISTANCE OF 81.77 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION l; THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 SOUTH 00°30'50" WEST, A DISTANCE OF 1352.52 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION l; THENCE NORTH 89°39'26" EAST, A DISTANCE OF 1316.87 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION l; THENCE SOUTH 00°26'38" WEST, A DISTANCE OF 1335.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89°47'54" WEST, A DISTANCE OF 1318.49 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 445.062 ACRES. 7 RESOLUTION NO. 0 3-/ '-f- A RESOLUTION ESTABLISHING A PERMIT SYSTEM TO AUTHORIZE ADDITIONAL WATER USE FOR THE ESTABLISHMENT OF NEW LAWNS WHEREAS, the Board of Trustees has previously adopted certain mandatory water restrictions for use of the Town water system, effective May 8, 2003 and continuing in effect until November 20, 2003; and WHEREAS, the Board of Trustees by this Resolution intends to establish a permit system to autho.rize additional water use for the establishment of new lawns. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J Upon application to the Town, a permit may be obtained to permit a residence or business one, three-week period per year of water use that is not subject to the water restrictions adopted effective May 8, 2003, in order to facilitate the establishment of a new lawn. The fee for such permit shall be $25.00, and the permit shall be posted on the property and subject to inspection by Town officials. The person applying for the permit shall affirm that the permit is requested solely to establish such a new lawn, and a false affirmation shall be grounds for revocation of the permit and imposition of the penalties established by the Town for unauthorized use of water. In addition to such a permit, a residence or business that is installing a new lawn shall be permitted one additional day per week of lawn watering, upon which watering shall be allowed only as necessary to establish such new lawn. For even numbered addresses, such additional day shall be Tuesday. For odd numbered addresses, such additional day shall be Monday. INTRODUCED, READ, and ADOPTED this r_ day of ----YY"l. ?11 , 2003. S/9/03 8:02 AM{sjlJf:\Officc\Filatone\Res\WaterRestrictionsAmcndR.esolution TOWN OF FIREST,01-ffi, COLORADO Michae P. Simone Mayor RESOLUTIONNO. 03-/S A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR NEIGHBORS POINT WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for the Neighbors Point subdivision and planned unit development; and WHEREAS, all materials related to the proposed preliminary subdivision plat and preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the proposed preliminary subdivision plat and preliminary development plan, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat and preliminary development plan, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat and preliminary development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSEES OF THE TOWN OF FIRESTONE, COLORADO: · Section ] . The Board of Trustees does hereby recommend approval of the proposed preliminary subdivision plat and preliminary development plan for Neighbors Point, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. ,._µ., PASSED AND ADOPTED this /) day of..,...,,{-..:::-_.=._, ~=~~ yHe~ own Clerk 6/1:VOJ 2:22 PM [kkh] F;\Comp~ny\Fir~stoue\SubdMN~.Prtlims.Boarn.rcs Michael P. Simone Mayor .... . ... •...... TOWN•• i SEAL \...... / EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Neighbors Point Preliminary Plat I. Incorporate pertinent ODP conditions of approval, as set forth in Ordinance No. __ . 2. Place the Firestone Information Block in the proper location on each sheet. 3. Provide specific information relative to the various easements proposed on public or HOA property. 4. Provide a new Tract W and identify it as a 30-foot wide dedication to the Town along Neighbors Parkway across Tract D. 5. Dedicate Tracts A, N, 0, G and the portion of Tract H that contains the IO-foot wide walkway to the Town. Rename the remaining portions of Tract H as Tract X and the remaining portions of Tract A as Tract Y. 6. In the Note section remove note 4. 7. Provide information to Town relative to the existing depth of the existing gas lines that traverse Tract C, etc. If existing gas lines are shallow, realign the main north south gas line and easements in Tract C to the western boundary of Tract C. 8. Clarify that at the time of first Final Plat that Tract D (school site) shall be dedicated pursuant to the Town Code then in effect. Add a note that if Tract D is utilized for any development other than construction of a school, preliminary and final development plan approvals must be obtained for the development. 9. In the Note section, modify Nate 2 to remove the reference to the transfer of Tract D at a time "after final plat recordation". I 0. In the Note section, modify Nate 2 to clarify that Tract D shall not be dedicated to the HOA. 11. U.D. Easements do not need to be shown on property being dedicated to the Town. 12. Specifically adjust plans to meet all curve and tangent radii as approved by the Town Engineer. 13. Modify plans pursuant to the Town Engineer's redline plans. 14. Correct the typographical error in the second paragraph following the legal description in the Ownership and Dedication block: "It is expressly understood and agreesd .... " 2 15. Label the proposed lot sizes for Lots 144 and 145. 16. Show all oil and gas well facilities and related setbacks on the plat. PDP 17. Incorporate pertinent ODP and P. Plat conditions of approval. 18. Add a note to street sections specifying that street sections with detached sidewalks shall be constructed with vertical curb as approved by the Town Engineer. 19. Surveyor's Certificate and Notes should not be included with the PDP. 20. In the, Residential Densities section, define "net". 21. In the, Arcbitectme A. section, remove the second sentence. 22. In the, Architectme section, reference the typical elevations provided. 23. On the typical elevations, add additional stone or brick facing. 24. In the Architectme section, note there shall be no one car garage homes or "mother-in- law" units. 25. In the, Arcbitectme section, establish a minimum home square footage size. 26. In the Setbacks section, require variations in rear building plane elevations setbacks on Birch and Sable. 27. In the, Setbacks section, provide for a 20-feet front setback to the residence. 28. In the Setbacks section, provide for variations in front building setbacks for long straight street sections, including eastern portions of the site. PDP Map Sbeets 29. Define the use of Tract K. 30. Using either Sandy Ridge or Sage, as may be approved by the Town Engineer, provide access to private property on the northeast comer of Birch and Sable. 31. Remove dashed facilities located within Tract D. 32. Show colored patterned concrete walkways across intersection of the major trail route. 33. Add numerous shrub and trees in the HOA tracts along Birch and Sable. 34. Modify the key map on the landscaping plans match the actual sheet numbers. 35. See Engineer's redline plans for additional comments. 3 36. Using the same base as the Signage and Lighting Plan Sheet, create a new sheet titled Phasing Plan and use it to show the project phasing. 37. In th" T andscape Statement offntent section, replace the reference to Birch Street being a "Secondary Roadway Corridor" with it being a planned arterial street. 38. In the Landscape General Notes section, remove the second sentence. 39. In the Landscape plans identify the 10-foot trail across Tract Das to be constructed by the developer. 40. Provide a 6-foot wide trail connection between Bountiful Street and Stagecoach Avenue, which same trail should then connect to the north end of the school site. 41. Modify plans pursuant to the Town Engineer's redline plans. 42. Remove the Certificate of Ownership paragraph, but leave the Property Description. 43. In the Land Use Summary, clarify the acreage of the public land dedication. Prefiroioacy Utility Plaas 44. Grade and properly place the low flow channels in the detention ponds along the toe of slope. 45. Town Engineering comments from the Preliminary Plat and PDP shall be reflected on the Preliminary Utility Plans. Traffic Report aod Other Tecboical Reports aod Studies 46. Modify documents pursuant to the Town Engineer's redline plans. General 47. At time of FOP, address additional information in the parks plan, additional fencing, and access to oil and gas wells. 48. Add a note to the PDP which states that during the FOP process, the applicant shall meet with the Parks and Trails Advisory Board to obtain specific recommendations on any proposed final layout of the central park area, as required by the Development Regulations. 49. Add note to FOP and Final Plat advising there are active agricultural uses in the vicinity. 50. Note location of all existing and future oil and gas wells on the site. 51. Clarify size of Tracts C and D so they are noted consistently throughout the ODP, PDP and Preliminary Plat. 4 52. Consider shielding street lights to mitigate off-site impacts of the lights, and review street lighting placement to confirm they are not located too far apart. 53. Consider ways to provide additional parking for the park. 54. Clarify that fire and ambulance service will be provided by a district to be determined by the Town. 55. Work with Town Engineer to locate above-ground structures for dry utilities in the rear of lots to the extent possible. 56. Provide additional information on traffic along Neighbors Boulevard with respect to roadway status. 57. Revise minimum and maximum lot sizes on the Development Fact Sheet to state precise figures. 58. Prior to submitting an FOP, confirm there is not a conflict with using the street name "Saddle back." 59. Provide a hard copy of the colored power point slide showing the entire ODP. 60. Consider modifying lot sizes along Birch in the northwest portion of the project to provide more visual relief. 5 RESOLUTIONNO. 03-/ (,, A RESOLUTION APPROVING A PRELIMINARY SUBDMSION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR SADDLEBACK IDLLS LAKE AND CONSERVANCY #3 WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for the Saddleback Hills Lake and Conservancy #3, LLC subdivision; and WHEREAS, all materials related to the proposed preliminary subdivision plat and preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, after a duly-noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds that the preliminary subdivision plat and preliminary development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I The Board of Trustees hereby approves of the proposed preliminary subdivision plat and preliminary development plan for Saddleback Hills Lake and Conservancy #3, LLC, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. '-"' PASSED AND ADOPTED this l{[:_ day of__,J"-=lA.'-11 Y'-------::::.?"i .. OWN ' EAL \\.<l.lll"'l'P T· j . . ... •·· Mayor EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Saddleback Hills Lake and Conservancy #3, LLC Genera) 1. Modify all documents to be appropriately consistent with the approved Saddleback Hills Lake and Conservancy overall ODP. 2. Provide an accurate Development Fact sheet as part of the application notebook. 3. Provide an updated Title Commitment. 4. Provide a copy of the Water Rights Questionnaire. Preliminary Plat 5. Modify the vicinity map on the plat to be consistent with the Firestone Development Regulations and use Firestone street names from the official Firestone Street Grid. Do not use County Road names for Firestone streets. 6. Amend plat pursuant to conditions from the PDP and Preliminary Utility Plan. 7. Modify street names. The names used are for streets between Roads 17 and 19 of the street grid. This site is between Roads 15 and 17, and should be labeled with these names. 8. Modify pursuant to the Town Engineer's redline plans. 9. In addition to the Town's standard note providing notice that this property is in an active agricultural area, add a note to the plat regarding the proximity of this project to the adjoining dairy. Preliminary Development Piao Text I 0. Use the Vicinity Map in the notebook on the map and text sheets. 11. In the Project Concept section, note that the commercial property will be subject to a specific PDP at the time it develops. 12. Provide minimum and maximum lot sizes in the Residential Densities section. 13. In the Land Use table, add a line item regarding public land dedication. 2 14. In the Environmental Impact Mitigation section, remove references to "appendices." I 5. Provide additional general and preliminary information regarding agreements, provisions, or covenants which are intended to govern the use, maintenance and continued protection of the PDP and any of its common areas and landscaped areas, including a statement of responsibility for park development. 16. Adjust the last sentence in the Park Development section to be current. 17. Remove the last sentence in the Drainage section. 18. In the Architecture section, add criteria regarding required "4-sided architecture" along Grant, Ingalls, lots along open space areas, and comer Jots. In addition, assure that the architecture section is consistent with the same section for the previously approved Saddleback Hills PDP. 19. Provide preliminary setback information in the Setbacks section. 20. Provide a note in the Development Schedule section that clarifies the development of this property is contingent on infrastructure extensions for the larger Saddleback Hills PUD. 21. Add the "Owner" on sheet 2 to sheet I. 22. Add a specific statement regarding the proximity of this project to the adjoining dairy. Preliminary Oevelapmeot Piao Map 23. Provide dimensions and lot areas. 24. After the Sub-Area Plan, provide an overall PDP map sheet showing lots, etc. on one sheet. 25. Add surrounding land uses. 26. Adjust lot lines for Lot 23 and adjoining lots at the end of the cul-de-sac on Monmouth Avenue to ensure the lot sizes are all greater than 9,000 square feet. 27. Connect the major trail to Ingalls at the south end of the commercial development. 28. The trail connection between the residential area across the commercial area will be determined at the time of final development plan for the commercial area. 29. Remove the trails along Grant and Ingalls. However, the 1t1ajor trail traversing the site should be 10-wide concrete. 30. Provide a general fencing plan, incorporating vinyl fencing similar to the overall Saddleback Hills Lake and Conservency. 31. Remove the Approval Block from all sheets except the Cover Sheet. 32. Add location of mailbox kiosk shown in the subdivision. 33. Provide an update prior to Final Plat approval to address the current status of the adjacent well cleanup. Traffic Impact Sb1dy 34. Modify pursuant to Town Engineer's comments and redline plans. Other Technical Plans and Reports 35. Modify pursuant to Town Engineer's comments and redline plans. General 36. Applicant will be required to submit a final geotechnical report with the final plat application. Areas of shallow ground water need to be identified on the plans. Lots where full basements are not recommended by the final geotechnical report must be identified on the final plat and final development plan. 3 7. Add a note that recreational amenities such as volleyball courts and soccer fields shown on the PDP are illustrative only. 38. With final plat application, show parking to be provided for park areas. 39. Vary the front setbacks for the lots along Florence Street by five feet to break up the linear appearance of these lots. 40. As possible place phone, cable TV and electrical power in the rear yard. 41. Screen utilities in the back yard, and camouflage them if they must be located in the front yard. 42. Clarify in the PDP text the residential density must be consistent with the Outline Development Plan for the site, and revise Land Use Table accordingly. 4 43. Clarify whether all references to Saddleback Hills relate to this plan. 44. Revise item Jin the landscape plan to be consistent with the requirements of the Firestone Municipal Code. 45. Review the feasibility of adequate parking in the Jade Street cul-de-sac. 07/J0/2003 7:33 PM {Wl) \~~\SUbdiv\Scddlcbact(Cameni5ch).Prdirm.PC.~.doc 5 RESOLUTION NO. 03-ll___ A RESOLUTION APPROVING SPECIAL USE PERMITS FOR FOUR OIL AND GAS WELLS WHEREAS, Patina Oil & Gas Corporation ("Patina") has submitted to the Board of Trustees of the Town of Firestone requests for approval of special use permits to locate two oil and gas wells within the Town; and WHEREAS, the wells proposed to be located within the Town include the Borgmann U 1-1 0Ji Well and the Borgmann U 1-16Ji Well, the locations of which are more particularly descnbed in Exhibit A attached hereto; and WHEREAS, Patina has submitted applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use permits for the four oil and gas wells have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, z.oning and oil and gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed special use permits and has forwarded to the Board of Trustees a recommendation of approval; and WHEREAS, the Board of Trustees has duly considered the proposed special use permits, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed special use permits for two oil and gas wells, referred to as the Borgmann U 1-IOJi Well and the Borgmann U 1-16Ji Well, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees does hereby approve the special use permit requests of Patina for location of the Borgmann U 1-1 0Ji Well and the Borgmann U 1-l 6Ji Well within the Town of Firestone, in the locations more particularly descnbed in Exhibit A hereto, and subject to the following conditions which are applicable to each: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Pennit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not coinmenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use pennit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission pennit for such well and the final special use pennit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved pennits and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well fucilities shall utiliz.e setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 10. The well site area shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utiliz.ed. 12. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 2 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. INTRODUCED, READ, AND ADOPTED this / Q..µ, day of Ju. / v I , 2003. TOWN OF FIRESTONE, COLORADO A ~cjj~ 1 Hegwo ~c own Clerk Michael P. Simone Mayor EXHIBIT A: Well Locations The approximate location of the Borgmann U 1-1 0Ji Well is 2093 feet from the south line and 2166 from the east line of Section 1, Township 2 North, Range 68 West, 6th P.M., being located in the NWl/4SE 1/4 of said Section I. Said location is in the SE Quarter of said Section 1, lying northwest of the intersection of Colorado Boulevard and Firestone Boulevard (Roads 13 and 24). The surface location for the wellhead: 1552' FSL 2293' FEL, with a separator located 75' west and a tank 200' southwest. The approximate location of the Borgmann U 1-16Ji Well is 470 feet from the south line and 610 feet from the east line of Section 1, Township 2 North, Range 68 West, 6th P.M., being located in the SEl/4SEl/4 of said Section I. Said location is in the SE Quarter of said Section 1, lying northwest of the intersection of Colorado Boulevard and Firestone Boulevard (Roads 13 and 24). The surface location for the wellhead: 395' FSL 1168' FEL, with a separator located 75' south and a tank 100' north. 07/lcrXOJ 2..'43 PM (l,:tb} F~~\Pll!inaWdlsJunc'{IJ.rcs.doc 4 RESOLUTION NO. 0 3-/ 8' A RESOLUTION APPROVING A CONSTRUCTION AND REIMBURSEMENT AGREEMENT AND A GRANT OF EASEMENT AND AGREEJ\IIENT BETWEEN THE TOWN OF FIRESTONE AND TRI-STATE GENERATION AND TRANSMlSSION ASSOCIATION, INC. REGARING TRI-STATE'S PROPOSED 1-25 CORRIDOR 115 KV TRANSMlSSION LINE PROJECT WITHIN THE TOWN WHEREAS, Tri-State Generation and Transmission Association ("Tri-State") plans to undertake construction of its proposed 1-25 Corridor 115 kilovolt (kV) Transmission Line Project (the "Project"); and WHEREAS, a portion of the Project is proposed run along the Firestone Trail; and WHEREAS, the Town and Tri-State have additionally been discussing the potential undergrounding ofan approximately 1.9-mile segment of the Project located within the Firestone Trail; and WHEREAS, there have been proposed in connection with such Project and undergrounding a Construction and Reimbursement Agreement and a Grant of Easement Agreement between the Town and Tri-State to allocate the costs associated with undergrounding of a portion of the Project and to authorize Tri-States use of the Firestone Trail in connection with the Project; and WHEREAS, the Board finds that the Agreements are in the best interest of the Town and its citizens, and desires by this Resolution to approve such Agreement and authorize their execution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J. The proposed Construction and Reimbursement Agreement by and between the Town of Firestone and Tri-State Generation and Transmission Association, Inc., for funding of the costs of undergrounding a portion of the Project within the Firestone Trail, is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. Section 2. The proposed Grant of Easement and Agreement by and between the Town of Firestone and Tri-State Generation and Transmission Association, Inc., for Tri-State's use ofa portion of the Firestone Trail in connection with the Project, is hereby approved in essentially the same form as the copy of such Easement Agreement accompanying this Resolution. Section 3 The Mayor is hereby authorized to execute the Construction and Reimbursement Agreement and the Grant of Easement and Agreement upon the condition that such Agreements are first executed by Tri-State and upon the condition that, at or prior to execution of the Grant of Easement and Agreement, there is paid to the Town the purchase price for such easement. Section 4 The Mayor is hereby further authorized to negotiate and approve on behalf of the Town such revisions to the Construction and Reimbursement Agreement and the Grant of Easement and Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreements are not altered. Section S Subject to the provisions of Sections 6 and 7, below, the Mayor, Town Administrator and Town Staff are further authorized to do aU things necessary on behalf of the Town to perform the obligations of the Town under the Construction and Reimbursement Agreement and the Grant of Easement and Agreement, and to deliver any and all documents necessary to effect the terms and provisions of such Agreements. Scc•ioo 6 The_ Town Board of Trustees shall be the entity to render the decision under paragraph C.2 of the Construction and Reimbursement Agreement regarding whether the Town is to proceed with underground construction as provided therein. Such decision may be made by resolution or motion of the Board ofTrusti:es. Section 7 Town payments under the Construction and Reimbursement Agreement shall be subject to any necessary budgetary transfers or supplementary budgets and appropriations in accordance with State law, and any such appropriations shall be in the sole and absolute discretion of the Board of Trustees of the Town ofFirestone. -+h INTRODUCED, READ, and ADOPTED this lQ:_ day of · Yu.. I Y ' 2~~~~ yHegw own Clerk 7~ 12:0S PM [sjllf' ,',Qfi',ce\F~j,T~~pp!U\in~cnts~ Michael P. Simone Mayor , 2003. ' RESOLUTION NO. 03-} Cf A RESOLUTION CALLING A SPECIAL ELECTION FOR NOVEMBER 4, 2003, TO BE CONDUCTED AS A COORDINATED ELECTION WHEREAS, the Weld County Clerk and Recorder will conduct a general election on November 4, 2003, as a coordinated election pursuant to the Uniform Election Code and, in particular, C.R.S. Section 1-7-116; and WHEREAS, the Board of Trustees desires to call a special election for November 4, 2003, pursuant to state law, and to participate in the coordinated election. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Pursuant to C.R.S. Section 31-10-108, a special election is hereby called and set for Tuesday, the 4th day ofNovember, 2003, to be held as part of a coordinated general election. Section 2. The Board of Trustees shall submit ballot issues, ballot questions or other measures to appear on the ballot of the special municipal election by the adoption of appropriate resolutions or ordinances as required by law. Section 3. The ballot titles for such ballot issues, ballot questions or other measures shall hereafter be set in accordance with applicable law. Section 4. The special election shall be conducted as a part of a coordinated general election. Pursuant to C.R.S. Section 31-10-102. 7, the Town will utilize the requirements and procedures of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1, C.R.S., as amended, in lieu of the Colorado Municipal Code of 1965, Article 10 of Title 31, C.R.S., as amended. The Town Clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in connection with the election. Section 5. Because the election will be held as part of a coordinated election, the Board of Trustees hereby determines that the Weld County Clerk and Recorder shall conduct the election on behalf of the Town. The officers of the Town are hereby authorized to enter into one or more intergovernmental agreements with the County Clerk pursuant to C.R.S. Section 1-7-116. Any such intergovernmental agreement heretofore entered into in connection with the election is hereby ratified, approved and confirmed. Section 6. Pursuant to Section 1-7-908, C.R.S., no later than twenty days before the election, the Town post notice on the Town's website the information required by said Section 1-7- 908, C.R.S., in the manner and form set forth in said Section. The information required by such 1 Section shall be based on audit information if available. Section 7. Pursuant to C.R.S. Section 1-5-205, no later than ten days prior to the election, the designated election official of the Town; or the coordinated election official if so provided by an intergovernmental agreement, shall provide notice by publication of the election as described by C.R.S. Section 1-1-104(34), which notice shall include the information required by C.R.S. Section 1- 5-205. Such notice shall also be mailed to the County Clerk if required by C.R.S. Section 1-5-205 and shall be posted at least ten days prior to the election and until two days after the election in a conspicuous place in the office of the designated election official of the County Clerk if the election is coordinated by the County Clerk. Section 8. Pursuant to C.R.S. Section 1-7-904, on or before the 42nd day prior to the election, the designated election official shall cause any notices required by Section 20(3)(b) of Article X of the Colorado Constitution to be prepared and delivered to the County Clerk. Section 9. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Resolution. Section 10. All actions heretofore taken (not inconsistent with the provisions of this Resolution) by the Town, directed towards the election and the objects and purposes herein stated, are hereby ratified, approved and confirmed. 'A INTRODUCED, READ AND ADOPTED this ;)1/ day of J-i-, 2003. ~~ own Cler 711 S/2003 7:09 AM{ sjlJF:\OFFICE\Ftresto11e\Elect\200JSpecialElection.res TOWN OF FIRES N , COLORADO Michael P. Simone Mayor 2 RESOLUTION NO . .a..3..:,.20 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE HIGH PLAINS MARKETPLACE ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the High Plains Marketplace Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. Section 3. in the petition. No election is required under § 31-12-107(2), C.R.S. No additional terms and conditions are to be imposed except any provided for Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, September 11, 2003, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, 1 I and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. ;-/-Ji INTRODUCED, READ, and ADOPTED thisotif day of ')7f'J-, 2003. ~~~~?:!.~.~-. ~-#··. . <( •• ..,.. •• l ,o••" ··. ---. ·. \ $£.pi.\, ) Michael P. Simone '\ .' ls Mayor ATT_~ST: .... ··'$ ~i: ········· ,.,,~ .... 0 courifl • 07/24/2003 2:02 PM(kkh] F:\Company\F"irestonc\Anncxation\HoaglandComp.res.doc 2 EXHIBIT A LEGAL DESCRIPTION HIGH PLAINS MARKETPLACE ANNEXATION A tract of land located in the Northeast¼ of Section 12, Township 2 North, Range 68 West and the Northwest¼ of Section 7, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Considering the North line of the Northwest¼ of said Section 7 as bearing South 88°54'30" East and with all bearings contained herein relative thereto: Commencing at the Northwest Corner of said Section 7; thence along the West line of the Northwest¼ of said Section 7, South 00°24'41" West, 47.66 feet to the POINT OF BEGINNING, said point also being a point on the South right-of-way line as described in Reception No. 3901397, Weld County records; thence along said South right-of-way line by the following 5 courses and distances, North 89°53'36" East, 644.73 feet; thence along a curve concaved to the South having a central angle of 04°22'06" with a radius of 2000.00 feet, an arc length of 152.49 feet and the chord of which bears South 87°55'20" East, 152.45 feet; thence, South 85°44'17" East, 360.12 feet; thence along a curve concaved to the North having a central angle of 03°10'12" with a radius of 2150.00 feet, an arc length of 118.96 feet and the chord of which bears South 87°19'23" East, 118.94 feet; thence, South 88°54'30'' East, 840.71 feet to a point on the Northwesterly line of the Union Pacific Railroad as described in Book 305, Page 110, Weld County records; thence along said Northwesterly line, South 30°21'00" West, 686.62 feet to the Northerly line of that tract of land conveyed from Adolph Coors Company to Booth Land and Livestock Company as described in warranty deed recorded October 6, 1992 in Book 1353 as Reception No. 2306034, Weld County records; thence along said Northerly line by the following 11 courses and distance, North 89°38'53" West, 313.86 feet; thence North 77°12'53" West, 110.00 feet; thence North 66°42'53" West, 176.00 feet; thence South 87°03'07" West, 316.00 feet; thence South 61 °48'07" West, 53.00 feet; thence South 42°23'07" West, 293.00 feet; thence South 29°05'07" West, 84.00 feet; thence North 80°58'53" West, 130.00 feet; thence North 63°35'53" West, 162.00 feet; thence North 83°21'53" West, 103.00 feet; thence South 89°27'07" West, 215.00 feet to a point on the West line of the Northwest Quarter of said Section 7; thence, North 89°35'19" West, 30.00 feet to a point on the West right-of-way line of County Road No. 13; thence, along said West line, North 00°24'41" East, 777.94 feet; thence, departing said line, North 89°53 1 36'' East, 30.00 feet to the Point of Beginning, containing 30.135 acres more or less. 3 RESOLUTION NO. 03-:J.. / A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR THE ST. VRAIN SANITATION DISTRICT OFFICE BUILDING. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan for the St. Vrain Sanitation District Office Building, to be located on Lot 4, Block 2, Del Camino Junction Business Park; and WHEREAS, all materials related to the proposed Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan for the St. Vrain Sanitation District Office Building, to be located on Lot 4, Block 2, Del Camino Junction Business Park should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the proposed Final Development Plan for the St. Vrain Sanitation District Office Building, located on Lot 4, Block 2, Del Camino Junction Business Park, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference . .,,,,,,,,,,_IN,,,,T...,ROOUCED, READ, ~d ADOPTED ,h;: of-]v , 2003 Michael P. Sii'none Mayor I General EXHIBIT A Final Development Plan St. Vrain Sanitation District Office Building Conditions of Approval I. Provide a copy of the FDP text information in the notebook on 8.5 x 11 sheets. 2. A Development Agreement shall be executed prior to recording of the FOP. FDP Sheets 3. Make the Vicinity Map at least 1"=1200'. 4. Make the copy of the Del Camino Junction Business Park Final Plat on the FOP Cover Sheet legible and identify Lot 4, Block 2. 5. In the Project Concept section, note that this FOP will control for both the initial office building and the expansion, provided that the expansion is constructed within any applicable time limits now or hereafter set forth in the Town Code. 6. In the Architecture section, add notes to confirm that the expansion area will be made from the same materials. 7. In the Development Schedule section, provide an estimated date for the expansion. 8. Modify plans to account for the approximate one foot of additional fill being imported to the site. 9. Modify the landscape plan to show the plan once the development of the office building expansion occurs. I 0. Ungulate the berm along Business Park Circle so that it eliminate long, straight sections. 11. In the FOP text, reference the approved traffic report. 12. Provide an estimated annual potable water usage for the building in addition to the acreage of landscape areas. Provide such information for both the initial building and the expansion. Water rights dedication requirements must be satisfied prior to the issuance of the first building permit. 2 J 13. In the Land Use Table, list individual Outlots with maintenance/ownership columns identifying Town or other appropriate entity. -14. A brief description of the on-site drainage conveyances shall be included (inverted crown streets, concrete pan rundowns, existing channel for outlet, no on-site detention requirements). Also, provide a reference to the approved Drainage Report for the Business Park. The report for this site shall be revised to include a statement and certification that the report compliance with the Master Drainage Study. I 5. List utilities and providers. 16. An Address Plan that meets Town Criteria shall be included in the plan set. 17. An Irrigation Plan that includes a method, design and layout of all irrigation facilities shall be included. Sprinkler lines and sizes, head locations and sizes, in addition to the tap location, size and details shall be provided. 18. On the Landscape Plan provide the location and detail for backflow preventer needs to be included. 19. Modify FOP consistent with Town Engineer's comments and redline plans. 20. Screen all above-ground utilities with landscaping. 0S/07n0OJ 4:JS PM (kkh) F:\Company\firestonc\Subdi~isions\StVniinSan,FDP.TB.res.doc 3 RESOLUTION NO. 03..,,2.,2_ A RESOLUTION CONCERNING THE COMMENCEMENT BY TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION, INC. OF THE PROPOSED I-25 CORRIDOR 115 KV TRANSMISSION LINE PROJECT WITHIN THE TOWN WHEREAS, by Resolution No. 02-35, the Board of Trustees approved with conditions requests by Tri-State Generation and Transmission Association, Inc. ("Tri-State") for approval of a Conditional Use Permit ("CU Permit") and a permit to undertake the site selection and construction of a major facility of a public utility, as an activity of state interest ("I 041 Permit"), for the purpose oflocating within the Town a portion of Tri-State's proposed I-25 Corridor 115 kilovolt (kV) Transmission Line Project (the "Project"); and WHEREAS, the Colorado Public Utilities Commission (the "PUC") by Decision No. C00- 932, dated August 23, 2000, approved the Project as part of the PUC's "Rule 18 Order" authorizing the proposed new construction of transmission facilities by Colorado electric utilities for the. next three calendar years (2001 through 2003); and WHEREAS, at the time the Board adopted Resolution No. 02-35, Tri-State stated that construction of the Project within the Town was scheduled to commence May 2003; and WHEREAS, the Town required as a condition of approval of the CU Permit and 1041 Permit that Tri-State, in good faith and prior to the commencement of the Project, seek to negotiate and enter into an agreement with the Town for the undergrounding of a portion of the Project; and WHEREAS, the Town and Tri-State have been pursuing such an agreement since the time of approval of the permits, and have now entered into a Construction and Reimbursement Agreement (the "C&R Agreement") concerning the potential undergrounding of a portion of the Project; and WHEREAS, given the PUC's Rule 18 Order and the time needed to negotiate and finalize the C&R Agreement, the Board finds it is appropriate to revise the deadline in Resolution No. 02-35 for commencement of the Project, which deadline is inconsistent with the PUC's Rule 18 Order and was intended solely to establish an administrative timeline for Tri- State to work with the Town to complete an undergrounding agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Condition 12 of Exhibit A of Resolution No. 02-35 is revised to strike "May I, 2003" and insert "December 31, 2003" in place thereof. Resolution No. 02-35, as revised by the preceding sentence, shall remain in full force and effect in accordance with its terms. PASSED AND ADOPTED this / ~ day of A,.. Cl>.S: ± CJ , 2003. 8/1 I/OJ 10:27 AM(1jl)F:\Officc\Firotone\TriSta1cCUP\CUPDeadlincResohuion 2 Michael P. Simone Mayor RESOLUTION NO. 03-23 A RESOLUTION FOR THE TER.MINATION/RECISSION OF THE SOUTHWEST WELD DRAINAGE AUTHORITY INTERGOVERNMENTAL AGREEMENT AND THE DISSOLUTION OF THE AUTHORITY, AND, IN LIEU THEREOF, FOR THE TOWN OF FIRESTONE'S WITHDRAW AL FROM SUCH AGREEMENT WHEREAS, the Town of Firestone is a party to that certain Intergovernmental Agreement Pursuant to C.RS. §29-1-204.2 for the Creation of the Southwest Weld Drainage Authority ("Authority'');· and WHEREAS, the Board of Trustees has previously identified and expressed its concerns regarding the roles and responsibilities being pursued by the Authority since the time of its formation; and WHEREAS, such Intergovernmental Agreement establishing the Authority ( the "Agreement") and the laws governing the Authority provide that the Agreement may be terminated or rescinded; and WHEREAS, the Agreement further provides that a Contracting Party to such Agreement may withdraw from the Agreement and Authority by written document authorized by the governing body of such Contracting Party; and WHEREAS, the Agreement further provides that upon rescission or termination of the Agreement, the Authority shall be dissolved and its assets distnbuted in accordance with the Agreement; and WHEREAS, the Board of Trustees finds it is in the best interest of the Town and its citiz.ens to withdraw from the Agreement and Authority; to provide notice of termination of the Agreement; and to call for the termination and/or rescission of the Agreement and dissolution of the Authority. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Town of Firestone hereby requests and consents to the termination and/or rescission of Intergovernmental Agreement Pursuant to C.R.S. § 29-1-204.2 for the Creation of the Southwest Weld Drainage Authority and to the dissolution of the Authority upon such termination and/or rescission. Such termination and/or rescission shall take such form and be effective upon such date as is determined by the Authority Board of Directors. Section 2 In the event the Agreement is not terminated or rescinded and the Authority is not dissolved by September 30, 2003, the Town of Firestone hereby withdraws from the Agreement, effective upon the two-thirds vote of the Authority. In the event the Agreement is not terminated or rescinded and the Authority is not dissolved by September 30, 2003, the Town requests that the Authority vote on the Town's withdrawal at each meeting thereafter until such withdrawal is approved. Section 3 In addition to the powers set forth in Resolution Nos. 02-15 and 02-22, the Town's designated member and designated alternate member to the Authority Board of Directors are authorized to vote for and take all other actions as are necessary to effect the termination and/or rescission of the Agreement and dissolution of the Authority, or, in lieu thereof, the Town's withdrawal from such Agreement, including but not limited to the authority to determine and vote on the Town's behalf whether such Agreement will be terminated or rescinded and the effective date thereof. Section 4 The Town's designated member and designated alternate member to the Authority Board of Directors, and the Town Mayor, Town Administrator and staff, are hereby authorized to execute all documents and do all this necessary on behalf of the Town to effect the provisions of this Resolution. INTRODUCED, READ, and ADOPTED this .21.:'.. day of August , 2003. &'200JJ:24PM(lgijF:\OFFlCEF~ 2 Michael P. Simone Mayor "i:et,/E, COLORADO RESOLUTION NO. 03-24 A RESOLUTION APPROVING A FINAL SUBDMSION PLAT AND FINAL DEVELOPMENT PLAN FOR FIRESTONE MEADOWS P.U.D. WHEREAS, there has been submitted to the Trustees of the Town of Firestone a request for approval ofa final subdivision plat and final development plan for Firestone Meadows P.U.D.; and WHEREAS, all materials related to the proposed final subdivision plat and final development plan have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed final subdivision plat and final development plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and final development plan, including the revised final development plan submitted August 6, 2003, and has held a properly noticed public hearing on the application, which hearing was opened May 22, 2003 and completed August 21, 2003; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plat and final development plan for Firestone Meadows P.U.D. should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the proposed Final Subdivision Plat and Final Development Plan for Firestone Meadows P.U.D., subject to the conditions set forth on Exlubit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, AND ADOPTED this .21:'..day of August , 2003. TOWN SEAL •. ITTEST: ... / •... . .. . Michael P. Simone Mayor Final Plat EXHIBIT A Final Subdivision Plat & Final Development Plan Conditions of Approval Firestone Meadows I. Submit the Plat separately from the copy provided in the Final Utility Plan. 2. Provide designation of any flood plains. Reference the appropriate FEMA map. 3. Provide project benchmark with the Town of Firestone datum reference. 4. Two title commitments were provided for this project; both need to be referenced on the cover sheet and provide updated versions. 5. Identify all existing easements and include the ownership of the easements. 6. Add a note to the plat and utility plans that states the Town will not be responsible for surface repairs that result from the necessary maintenance of utility lines in Tract A. 7. Modify plans consistent with Town Engineer's redlines. 8. Revise dedication to include specific dedication of a blanket access easement for police, fire and other emergency service providers, including specific designation of the Ebony Street extension as an emergency access route. 9. Add a note stating that there are active agricultural activities in the area. Final Devdopment Plan Text Sheets IO. In the FOP (and all other documents) remove any reference to Firestone Streets as Weld County Roads. 11. The Property Owner section must include the actual property owner of the subject FOP, which appears to be different than the listed proposed owner. 12. In the Project Concept section, revise the final paragraph to reflect that Ebony Street extension is a trail extension/emergency access route and not a public street. I 3. Remove references to public land dedications in other filings. 14. Modify the Fencing section to add a requirement for installation of fencing along the north boundary line abutting the Oak Meadows single-family residential lots (but not Oak Meadows Tract M). The fence detail shall be consistent with the detail in the Oak Meadows FOP, unless otherwise approved by Town Planner. The fence shall be centered on the Property line and completed no later than the time of final acceptance of the public improvements. The fence length required to be installed under this condition shall not exceed ten of the Oak Meadows lots. The fencing installed by the Subdivider shall be owned and maintained by the Town and the Town will provide a revocable license agreement for completion of such work. The foregoing requirements shall be incorporated into the development agreement. 15. In the Utilities section, add the word "service" after the words "potable water". Also, add a statement to that section that clarifies that raw water shall be provided by the developer in such quantities as required by the Town Engineer. 16. In the Parking section remove the reference to the Town's requirement of one and one-half spaces per dwelling as that statement is inaccurate relative to this PUD zone. Final Development Map Sheets 17. Use the same Vicinity Map as in the Application Notebook. 18. All native seed areas shall have an irrigation system and the irrigation system plans shall be reviewed and approved by the Town Engineer and Planner. Adequate water shall be applied to keep such areas green throughout the growing season. The water dedication requirement for the native seed areas shall be as determined by the Town Engineer. 19. Provide an irrigation system design that shows the irrigation pipe and size, the head locations and sizes. Reference to the details shall be included. Meter sizes should be determined and included in the design, and shall be reviewed and approved by the Town Engineer and Planner. 20. Provide a separate tap and irrigation system for Tract A. 21. An engineer's estimate of the total annual water demands for the entire pool complex needs to be submitted. The pool complex demand shall include all usage areas, including, for example, drinking fountains, bathrooms, kitchen facility, etc. Also provide such demand information for irrigation areas. The development agreement shall include provisions regarding satisfaction of any outstanding water rights dedication requirements. 22. Install Town's typical fence screening details around gas wellhead. 23. Add landscaping to the islands in the row of parking spaces shown on Sheet 5 of the landscape plans to break up the long stretches of parking spaces while maintaining the trail connection. 24. The total number of parking spaces shall be not less than 537 spaces. All parking shall be on-site and on-street parking by residents outside of the subdivision is prohibited. If resident parking proves inadequate, the owner shall be responsible for securing additional permanent off-street parking to serve the development. 25. Screen surface utilities with landscaping or fencing, according to plan submitted to and approved by Town Planner. Make the color of any approved fencing consistent with that used for the main structures. 26. Provide for private maintenance of the trail and other open space areas until the trail is connected to regional trails extending to St. Vrain State Park and Godding Hollow, with the option for the Town to earlier assume maintenance at the Town's discretion. The Project Concept, Land Use Table, and Private Maintenance and Enforcement sections shall be modified to reflect these provisions and the detailed maintenance provisions shall be set forth in the development agreement. 27. On Sheet 2, correct name of the Carbon Valley Recreation District. 28. Add two benches along the trail at locations to be determined by the Town Planner. 29. Eliminate the word "proposed" from the legends. 30. Add permanent trash cans in the mail kiosks. 31. Add trees near the benches in the tot lot areas. 32. Add a picnic table with cover near each tot lot at the time they are developed. 33. Add shrub landscaping behind the garages just north of the trickle channel to screen the garages from the trai I. 34. Provide additional landscape screening to Sheet 8 where private drive abuts property line next to trail. Provide additional landscape plan for area surrounding the northwesternmost parking area. Quantities, types and locations of screening, berming and landscaping shall be subject to review and approval by Town Planner. 35. Delete references to crusher fines trail. 36. Add architectural elements to equipment storage garage so that it blends better with other buildings on the site, and move it to the northeast corner of the site. 37. Add a note stating that there are active agricultural activities in the area. 38. Add at statement to the Utilities section to confirm that all drainage from this site shall be consistent with the approved grading and drainage plans for Oak Meadows Filing 2. 39. Correct the Project Concept section to clarify that access to Ebony St. is emergency only. 40. Add a statement to the fencing section that bollards or other similar removable divisional structure shall be installed to block non-emergency traffic from Ebony St. The location and materials of such facility shall be approved the Town and the Fire District. 41. Place the text sections on Sheet 3 on Sheet 2. 42. Remove the second Land Use Table, Parking Table, Open Space Tables and Building Setback information on Sheet 3. 43. Show the JO-foot wide concrete trail connecting perpendicularly to the Firestone Trail. 44. Submit to the Town Planner and Town Engineer for review and approval soil amendment recommendations from a professional horticulturalist or landscape professional to assure that the specified soil amendment type and rate and seed mix is appropriate for the desired results at this location. 45. Add a note that the stone on the rear of all garage buildings shall be of the color and type of the main buildings. 46. Color the end doors of the garage buildings the same neutral or beige color as the garage doors. 47. Color all down spouts the same neutral or beige color as the garage doors. 48. Add a note to the plan that the lighting for the entry sign shall be orientated as such so as to not shine into travel lanes or drift off site. 49. Realign the westernmost trail segment to reflect the revised path alignment submitted at the August 21, 2003 hearing. Final IJtiliQ' Plans and Other Technical Documents 50. Modify the documents consistent with the Town Engineer's redline plans and comments. General 51. Modify the documents consistent with Town Attorney's comment memo of May 7, 2003, attached hereto. 52. File retitled set of preliminary documents concurrent with final plans. 53. Internal streets shall be signed as private according to a signage plan approved by the Town Engineer and Chief of Police. 54. Applicant shall provide written consent to location of public fadlities within any established oil well setback areas, in a form acceptable to the Town Attorney. &122/0) 7:33 AM(sjlJ\\lberva\company\f°uatone\Subdiv\ruestoncMcadoW1.FINALAPPROVAL.Board , RESOLUTION NO. C 3 -,;i S- A RESOLUTION AMENDING THE 2003 BUDGET BY INCREASING REVENUES AND MAKING SPECIFIC APPROPRIATIONS IN THE IMPACT FEE FUND FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, Tri-State Generation and Transmission Association, Inc. ("Tri-State") is currently constructing its 1-25 Corridor 115 kV Transmission Line Project (the "Project"); and WHEREAS, the Town and Tri-State have entered into a Construction and Reimbursement Agreement (the "C&R Agreement") dated August 27, 2003, concerning the undergrounding of a portion of the Project; and WHEREAS, the Town and Tri-State have also entered into a Grant of Easement and Agreement ("Easement Agreement") dated August 21, 2003, under which the Town has sold to Tri-State an easement for a portion of the Project; and WHEREAS, the Town has received under the Easement Agreement unanticipated revenue not assured at the time of adoption of the budget, from sources other than the Town's local property tax revenue, in the Town's Impact Fee Fund; and WHEREAS, pursuant to the C&R Agreement, the Town Board of Trustees has determined to request that Tri-State proceed to underground a portion of the Project; and WHEREAS, a need exists for the Town to appropriate in the Impact Fee Fund the specific and necessary funds required for payment of the Town's share of the costs associated with undergrounding a portion of the Project, pursuant to and as provided in the C&R Agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The 2003 General Fund revenues are hereby increased $34,000 as provided in Appendix. A, attached hereto and incorporated herein, reflecting additional revenues received under the Easement Agreement. Section 2. The 2003 Impact Fee Fund revenues are hereby by increased $34,000 as provided in Appendix. A reflecting the transfer of additional revenues received under the Easement Agreement. Section 3 There is hereby appropriated from the 2003 Impact Fee Fund, from the $2,500,000 previously designated for the Project, the following amount for the expenses as designated and associated with the Town's payment obligations under the C&R Agreement, all as further provided in Appendix. A 1. 2. 3. 4. Tri-State Project Construction Account Escrow: Tri-State Project Cable System Escrow: Tri-State Project OM&R Escrow: Less Avoided Costs TOTAL ESCROW REQUIRED $ 919,452.76 $1,492,467.82 $ 91,179.40 $ (405,000 OD) $2,098,099.98 Section 4 The appropriated funds shall be escrowed and disbursed in accordance with the C&R Agreement dated August 27, 2003 and the escrow agreement(s) executed pursuant thereto. INTRODUCED, READ, and ADOPTED this Lf+A day of S,.p 17 ,.,_ h_, r , 2003. 9141U31i:0'2PM[twb}'I~~ Michael P. Sunone Mayor OLORADO ·' 9/4/2003 Fund General Fund -Sale of Land I Easements Capital Improvement -Impact Fee Tri-State Generation Power Line Underground Project Budget Amendments Appendix A 2003 Budget Amendment For Specific Appropriation 2003 Budget Amount 650,000 Fund: Transfer in from General Fund 650,000 Expenditure Amendment 2003 Budget Fund Amount Capital Improvement -Impact Fee Fund: Tri-State Underground 2,500,000 Escrow Categories: Tri-State Project Construction Account Tri-State Project Cable System Tri-State Proiect OM&R 1 2003 Amended Revenue Budget Line Increase Item 34,000 684,000 34,000 684,000 Calculated Amended Avoided Budget Line Costs Item -405,000.00 2,098,099.98 RESOLUTION NO. 03-26 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE HIGH PLAINS MARKETPLACE ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the High Plains Marketplace Annexlltion to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: I. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town offirestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed ar,d · the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. 1. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. J The territory proposed to be annexed is comprised of30.I 35 acres, more or less. k. A plan is in place, pursuant to Section 31-12-105(l}(e), C.R.S. I. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies ofan annexation map of the area proposed to be annexed !Jave been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensuing. 2 5. 6. 7. No election for annexation of the area proposed to be annexed has beL held in the preceding twelve months, and no election is required under Section 31-fa-107(2) or - 112, C.R.S. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article n,I Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements havelbeen met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legis~tive capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this / /-u, day of 0g.plim b r [ 2003. 3 Michael P. Simone Mayor EXHIBIT A LEGAL DESCRIPTION HIGH PLAINS MARKETPLACE ANNEXATION A tract ofland located in the Northeast¼ of Section 12, Township 2 North, Range 68 West and the Northwest ¼ of Section 7, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: I Considering the North line of the Northwest¼ of said Section 7 as bearing South 88°54'30" East and with all bearings contained herein relative thereto: ' I Commencing at the Northwest Comer of said Section 7; thence along the West line ofthe Northwest ¼ of said Section 7, South 00°24'41" West, 47.66 feet to the POINT OF BEGINNING, said point also being a point on the South right-of-way line as described in Reception No. 3°901397, Weld County records; thence along said South right-of-way line by the following 5 courses'and distances, North 89°53'36" East, 644. 73 feet; thence along a curve concaved to the South having a central angle of04°22'06" with a radius of2000.00 feet, an arc length of 152.49 feet and the chordfof which bears South 87°55'20" East, 152.45 feet; thence, South 85°44'17" East, 360.12 feet; thence along a curve concaved to the North having a central angle of03°10'12" with a radius of2150.00 febt, an arc length of I 18.96 feet and the chord of which bears South 87°19'23" East, 118.94 feet;1thence, South 88°54'30" East, 840.71 feet to a point on the Northwesterly line of the Union Pacific Railroad as described in Book 305, Page 110, Weld County records; thence along said Northwesterly line, South 30°21 '00" West, 686.62 feet to the Northerly line of that tract ofland conveyed from Adolph Coors Company to Booth Land and Livestock Company as described in warranty deed recorded October 6, 1992 in Book 1353 as Reception No. 2306034, Weld County records; thence along said Northerly line by the following 11 courses and distance, North 89°38'53" West, 313.86 feet; thence North 77°12'53" West, 110.00 feet; thence North 66°42'53" West, 176.00 feet; thence South 87°03'07" West, 316.00 feet; thence South 61 °48'07" West, 53.00 feet; thence South 42°23'0T West, 293.00 feet; thence South 29°05'07" West, 84.00 feet; thence North 80°58'53" West, 130!•)0 feet; thence North 63°35'53" West, 162.00 feet; thence North 83°21'53"' West, 103.00 feet; thence South 89°27'07"' West, 215.00 feet to a point on the West line of the Northwest Quarter of said Section 7; thence, North 89°35'19" West, 30.00 feet to a point on the West right-of-way line of County Road No. 13; thence, along said West line, North 00°24'4 l" East, 777.94 feet; thence, dep:l.rting said line, North 89°53'36" East, 30.00 feet to the Point ofBeginning, containing 30.135 acres more or Jess. 9112/03 12:38 PM {twb) \\2k:seJvd,company\F~e\Anncxation\HighPWnsMarut.res.doc 4 RESOLUTION NO.03-27 l A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT, P LIMINARY DEVELOPMENT PLAN, FINAL SUBDIVISION PLAT, AND FINAL DEVELOP~IBNT PLAN FOR HIGH PLAINS MARKETPLACE WHEREAS, there has been submitted to the Board of Trustees of the Town 1of Firestone a request for approval of a preliminary subdivision plat, preliminary development plan, I subdivision plat and final development plan for High Plains Marketplace; and · WHEREAS, all materials related to the proposed preliminary subdivision pl t, preliminary development plan, final development plan and final plat have been reviewed by Tbwn Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliahce with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed preliminary subdivision plat, preliminary development ptah, overall final development plan and final plat and has forwarded to the Board of Trustees a recolnmendation of approval, with conditions; and I · WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat, preliminary development plan, final development plan and final plat and has Jleld a properly noticed public hearing on the application; and I I WHEREAS, the Board of Trustees finds that the proposed preliminary ~bdivision plat, preliminary development plan, final development plan and final plat for High Plains Mretplace should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUS;fEES OF THE TOWN OF FIRESTONE, COLORADO: / I Section 1 The Board of Trustees hereby approves the proposed preliminaryisubdivision plat, preliminary development plan, final development plan and final subdivision plat 1for High Plains I Marketplace, subject to the conditions set forth on Exhibit A, attached hereto and in<jorporated herein by reference. / PASSED AND ADOPTED this L day of SR ol;rm ht/ , ' Michael P. Simone, Mayor /tow .._ \/ ~~i': .. ' \ ................... .... 2 General EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Overall Final Development Plan and Final Plat Conditions of Approval High Plains Marketplace I. The property shall petition for inclusion into the Carbon Valley Recreation District. 2. The property shall petition for inclusion into the St. Vrain Sanitation District. 3. Remove all references to Firestone Streets as County Roads. 4. Modify all plans pursuant to red-line comments of the Town Engineer and ToV:n Attorney Annexation 5. An annexation agreement shall to be executed with the Town. Pceliminacy Plans 6. Provide a Preliminary Plat, PDP and Utility Plans submittal that is consistent with the Final Plans. Final Plat 7. Show the plat lines as established on FDP Sheet Alternative A 8. Add the Firestone Information Block to sheet 2 of 2. 9. Correct the difference between the Annexation and Final Plat Basis of Bearings. I 0. Provide a copy of the Declaration of Reciprocal Easements and Restrictions for the High Plains Marketplace as mentioned in Note 4. 11. Add a note to the cover sheet detailing if this property is within any I 00-year floodplains. 12. Provide a note to the FDP and Final Plat advising there are "active agricultural land uses in the area." 13. Add the missing Line Table information as shown on the plat. 14. Label the dedicated Colorado Boulevard right-of-way as Tract E. 15. Tracts A and E need to be specifically identified as being dedicated to the Town of Firestone. 16. Locate a public land dedication tract within Tract D not to exceed two acres to be dedicated at the time of platting. If a tract cannot be located acceptable to the Town, the land dedication requirement shall be satisfied by cash-in-lieu of dedication payable at the time of plat recording. Final Development Plan 17. Use "Alternative A" as the FOP base for all FOP shee.ts and land use calculations. 18. In the Land Use Table the use for Tracts A, B and C can be stated, as they won't necessarily be "future." 19. In the General Note section, item 3, add the words "Preliminary and" before Final Development Plans. Revise note to further clarify that this final development plan approval applies to Phase I only. 20. In the Open Space section, second paragraph, after the word "Developer" add the words ''to be consistent with the FOP and." 21. In the Zoning and Allowed Uses section, reference the uses and controls specified in the ODP for Tract D. 22. In the landscape plan and text notes, specify that all non-sod areas of Lots 7 and 8 that are indicated as "dryland seed" shall be seeded bluegrass and appropriately irrigated. 23. Add notes specifying that the parking lot lighting is "downcast", consistent with the results of the Photometric Plan. Clarify the same for building mounted lighting. 24. Add a note that any above ground facilities for dry utilities shall be screened and camouflaged, and whenever possible located away from visual co!"fidors. 25. Tract A ultimately should be seeded with bluegrass and irrigated (with maybe some landscaping). It appears that such action would make the most sense to perform with the development of Lot 3. Therefore, add a note stating such a development and phasing plan. 26. The approximate location of the Monument signs needs to be identified. 4 27. Add a note that the final landscaping plan for Tract B and C will be determined at the time of the development of Tract D and Lot 3 respectively. 28. The FOP legal description should match the Final Plat. 29. Provide a copy of the Covenants, Conditions, and Restrictions. 30. Provide water demand calculations pursuant to requirements of the Town Engineer. 31. Show existing structures, the existing well and adjacent properties on the site plan. 32. The Town of Firestone water lines require a minimum 20' water line easement. These easements must be labeled "Town of Firestone water line easement" instead of utility easement. If a water line is to share an easement with a sanitary sewer line then the minimum easement width is 30', with the utilities being separated by IO'. This comment is applicable to the Final Plat as well. 33. The proposed water line connection at the intersection with Oak Meadows Boulevard must be moved to the east as shown on the overall utility plans so that traffic is not interrupted during construction. 34. Provide a landscape statement of intent and an irrigation plan. 35. Provide a building address plan. · 36. Modify the plans to change the fencing at the rear of the store from wood to high quality tan vinyl, leaving the columns where they are shown. Note that final fence materials shall be approved by the Town Planner prior to installation. 37. Include detail for final trail connection from the Firestone Trail to the east side of the NC area; the on-site connection shall be completed concurrent with the Phase I improvements. 38. In the Development Schedule section, add a note stating that if the addition is constructed, that it will architecturally appear as an extension of the original building by using the same materials. Final building elevations for the addition shall be submitted for review and approval by the Town Planner prior to building permit. The addition shall include a second pedestrian entrance to the store. Final HtiliQ' Plans 5 39. The Town of Firestone will require a final utility plan submittal. Snbdivisinn Agreement 40. A Subdivision Agreement will need to be executed with the Town. 41. The Subdivision Agreement should include a provision for a landscape credit for property south of the King Soopers screening wall. 1000/200) I :JI PM [kkh J \\2k:scrYencompany\F"uestone\Subdivisions\HighPlainsMad.et.1B.r=,doc 6 RESOLUTION NO. Q3-;)F/' A RESOLUTION · APPROVING A PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR STONERIDGE WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for the Stoneridge subdivision; and WHEREAS, all materials related to the proposed preliminary subdivision plat and preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed preliminary subdivision plat and preliminary development plan, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat and preliminary development plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat and preliminary development plan for Stoneridge should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Board of Trustees hereby approves the proposed preliminary subdivision plat and preliminary development plan for the Stoneridge subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 9--J.1-i day of---'=!._,,,dD.JJt==---<r-,,,..,,.--·7 ••' ... ••.•. •·10WN ·• .•... . \ \~Mt:_/ Michael P. Simone Mayor EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Stoneridge I. Firestone Streets shall be referenced usrng names from the Firestone Street Grid, not County Road names. 2. Add the proposed Neighbors Point accesses on Sable Avenue to the plat for reference. Preliminary Plat 3. Prepare a Vicinity Map that is consistent with the Development Regulations. 4. Remove the Land Use Table, and the map sheet references to land uses, as this is a plat. 5. Update the Firestone Information Block to have the most current date as the Revision Block and then remove the revision block so that there are not two different locations for a date. 6. Create a Tract Table with the categories: Maintenance Tract Acres Use Owner Resnonsibilitv 7. Show Tracts F, L, U, 0, D and E as dedicated to the Town for park and open space purposes. 8. Identify Tracts A, B, C and Has dedicated to the Town and maintained by the HOA. 9. Adjust Lot 26 Block 5 to be outside the oil/gas well 150-foot line. I 0. The Surveyors Statement signature block is only required on the plat cover sheet. I I. Add a note to the plat cover sheet indicating if any portion of the property is within a floodplain. Reference the appropriate FIRM map used to make this determination. 12. The Owner's Approval and Dedication does not match the exact wording m the Development Regulations (9.5.28). 13. Any Tract to be dedicated to the Town must be identified specifically in the Owners Approval and Dedication section. 14. Buffalo Court is not an acceptable street name. Court must be changed to Street. 2 15. Street name changes may occur at intersections only and not at cul-de-sacs (i.e. Rimrock Avenue and Cascade Street). 16. Evaluate all street names to ensure they meet the Town of Firestone street grid. Describe the need for the street name "Bowersox". 17. Dedicate the additional 20 feet of right-of-way along Birch Street and Sable Avenue as Tracts. 18. The Town may require that final plats/FDPs .provide ISO-foot or greater setbacks from public streets. The one well-site area currently depicting a 153' radius may be reduced to 150'. 19. There are several locations where the residential horizontal street geometry does not meet the Town of Firestone design criteria. The streets require a minimum 240' centerline radius (150' is the minimum allowable with a variance). The Town also requires a minimum 100' tangent between curves and at intersections. Any centerline radius tighter than 240' may require sight distance easements. 20. Extend Tract H south to the South end of what is now Tract R. 21. Address any additional redlined comments from the Town Engineer. Preliminary Development Plan 22. Incorporate appropriate comments from the P. Plat. 23. Fix spelling errors and typos in text. 24. In the Project Concept section, add additional detail to the third sentence to clarify intent. This section may not leave the project open to any type of housing, but rather must include either minimum size requirements (see item 43, below) and design criteria or references to such requirements as being in the architecture section. 25. In the Tltilities and Service Requirements section, add additional information regarding the powerline along the southern property line. 26. In the T Jtiiities and Service Requirements section, provide a statement relative to the purpose of each tract. 27. In the Architectme section, set some minimum standards relative to percent of brick or rock on front elevations, minimum floor area, whether all homes will have basements and other design performance standards that will apply to the review of future FDPs. 28. In the Arcbitectme section, set some minimum standards relative what percentage of homes will have basements. If basements are not proposed, provide justification at time of final plat/FOP. 29. In the fencing section, reference details and provide them for the fence type noted. 30. In the Parks, Trails and Open Space section, note that the major east-west, IO-foot wide trail will traverse Tract 0, U, L and F. The major north-south trail will cross Tracts D, E and L. 31. If Tracts G, I, K, M, P, Q, T, V, and Ware not absolutely necessary for utility matters then they should be removed, as the pedestrian trail value of these areas appears to be minimal. If such tracts must remain they should just be grassed and not have a concrete walkway in them. 32. Move the plan sheet notes to the appropriate text sections on sheet I. 33. Expand the Landscape Plan sheet to generally identify plant material types, include a IO- foot wide concrete across Tracts F, L, U, 0, D and E. 34. Identify colored concrete pedestrian crossing areas where the major IO-foot trails cross streets. 35. Have the lot layout for the Landscape Plan be the same as the plat and PDP. 36. The Landscape Plan should be at least JOO-scale. 37. Provide a grading plan (8.98). 38. Address any additional redlined comments. Preliminary Utility Plans and Iecbnical Reports 39. Modify pursuant to Town Engineer's Redlines. Additional Conditions 40. Incorporate four-sided architecture on all comer lots. 41. On the open space and park areas, specify that two rail fencing will be used. 42. Use irrigated low water demand grass on the United Power easement area on the east side of the property where the power lines are underground. 43. Increase minimum size of single story to 1400 square feet and 1800 square feet for two story. 4 44. Clarify listed owner between the Preliminary Plat and PDP and provide an updated title commitment to confirm ownership. 45. Revise street names to correct inconsistencies and repetition. 46. Revise the title block on the plat to be consistent with the Development Regulations. 47. Label all adjacent landowners on the PDP. 48. Provide a copy of the corrected deed referenced in Requirement A of Schedule A of the title commitment. 4/24'2003 J:46 PM( sjl] F:\Company'Fircstonc\Subdiv'IFircstoncCcntcrPDP ODP.Boan!..rcs.doc :i RESOLUTION NO. ll.b29 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND THE FIRESTONE TRAILS METROPOLITAN DISTRICT, NOW KNOWN AS THE GREENS METROPOLITAN DISTRICT WHEREAS, the Town on September 26, 2002, adopted a resolution approving with conditions a service plan for the proposed Firestone Trails Metropolitan District (now known as The Greens Metropolitan District); and WHEREAS, the service plan requires that the District enter into an intergovernmental agreement with the Town; and WHEREAS, the District has executed and forwarded to the Town an intergovernmental agreement that complies with the Service Plan, and the Town desires to approve the agreement and authoriz.e its execution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The proposed Intergovernmental Agreement by and between the Town of Firestone and Firestone Trails Metropolitan District is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2 The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Amendment are not altered. Such revisions may include, but are not limited to, revisions necessary to reflect the name change for the district from Firestone Trails Metropolitan District to The Greens Metropolitan District. INTRODUCED, READ, and ADOPTED this .2th day of October, 2003. ~ Michael P. Simone Mayor INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE, COLORADO AND FIRESTONE TRAILS METROPOLITAN DISTRICT This INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into this day of January 2003, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (the "Town"), ·and FIRESTONE TRAILS METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District"), collectively referred to herein as the "Parties". RECITALS WHEREAS, the District was organized to finance, acquire, design, construct and install certain facilities, and to exercise powers, all as are more specifically set forth in the District's Service Plan dated September 26, 2002, and approved by the Town on September 26, 2002, by Resolution No. 02-41 (the "Service Plan"); and WHEREAS, the Service Plan makes reference to and requires the execution of an intergovernmental agreement between the Town and the District; and WHEREAS, the Town and the District have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Agreement; 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. APPLICATION OF LOCAL LAWS. The District hereby acknowledges that the property within its boundaries shall be subject to all ordinances, rules and regulations of the Town, including without limitation, ordinances, rules and regulations relating to zoning, subdividing, building and land use, and to all related Town land use policies, master plans, related plans and intergovernmental agreements .. 2. NATURE OF DISTRICT. The District agrees that it is organized for the purpose of financing certain public improvements for the area within its boundaries only (except to the extent otherwise specifically provided in Article V.c of the Service Plan), which area is designated as the proposed Saddleback Golf Club development, and that the District's purposes, powers, facilities and activities are to be limited and governed by the Service Plan. The District is not intended to and shall not provide service outside its boundaries ( except as otherwise specifically provided in Article V.c of the Service Plan). Further, the District is not intended to and shall not exist perpetually, but instead shall be dissolved in accordance with the Service Plan and this Agreement. The District shall not provide any services or facilities within any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. 3. CHANGE IN BOUNDARIES. The District agrees that, as set forth in the Service Plan, inclusion of properties within, or any exclusion of properties from, its boundaries shall constitute a material modification of the Service Plan; any purported inclusion or exclusion that has not been approved by the Town pursuant to the procedures applicable to a material modification of the Service Plan shall be void and ofno effect. 4. REVIEW OF DISTRICT SUBMITTALS. The District agrees to reimburse the Town for all reasonable administrative and consultant costs incurred by the Town for any Town review of reports, plans, submittals or other materials or requests provided to the Town by the District pursuant to the Service Plan, state law or the Firestone Municipal Code. The Town may require a deposit of such estimated costs. 5. OWNERSHIP OF IMPROVEMENTS. The Parties agree that the District shall not be permitted to undertake ownership, operation or maintenance of any public improvements, facilities or services, except as specifically set forth in the Service Plan. 6. ALLOCATION OF FINANCING PROCEEDS. The Parties agree, and the Town's approval of the Service Plan is expressly conditioned upon the requirement, that a total of Two Million Dollars ($2,000,000) will be allocated from the District's bond financing proceeds to the Town's capital improvements fund, which proceeds shall be paid to the Town at the time proceeds are realized from the issuance of bonds provided for in the Service Plan. Such allocations shall be made in the amounts and at the times set forth in Article V.c of the Service Plan, which Article is incorporated herein by reference as though set forth in full. Such allocations may be used by the Town to finance any park or recreation capital improvement ( either within or outside the boundaries of the District) that the District would otherwise be authorized to finance, or, upon agreement of the Town and District, for any other capital improvement ( either within or outside the boundaries of the District) the District would otherwise be empowered to construct, i.e., streets, traffic safety controls, street lighting, water, storm drainage, or landscaping improvements and facilities. The District acknowledges and agrees that the provisions of this Agreement and the provisions of the Service Plan for concurrent allocation of bond proceeds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of the District's Service Plan, and that the Town has relied thereon in approving the District's Service Plan. Therefore, the District agrees that it shall include in and make available from the District's bond financing proceeds such Two Million Dollars ($2,000,000) to be paid to the Town's capital improvements fund. The District further agrees that it shall not issue bonds without concurrently allocating and delivering to the Town the funds required by Article V.c of the Service Plan. The District further agrees that such delivery of bond proceeds to the Town shall be a condition of closing for each series of bonds. The District specifically agrees that the provisions of this Agreement and of the Service Plan for such concurrent allocation of bond proceeds to the Town shall run in favor of and shall be enforceable by the Town. The District represents and warrants that it has obtained all voter authorizations necessary to implement such provisions of this Agreement and the Service Plan, and that it will exercise its powers in accordance with and in furtherance of such provisions. 7. CONSOLIDATION. The District shall not file a request with the District Court to consolidate with another district without the prior written approval of the Town. 8. DISSOLUTION. The District agrees that it shall take all action necessary to dissolve the District upon payment or defeasance of the District's bonds or otherwise upon the request of the Town, all as provided in the Service Plan. 9. NOTICE OF MEETINGS. The District agrees that it shall submit a copy of the written notice of every regular, special meeting and work session of the District's Board of Directors to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least three (3) days prior to such meeting. The District agrees that it shall also submit a complete copy of meeting packet materials for any such meeting to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least one (1) day prior to such meeting. 10. ANNUAL REPORT. The District shall be responsible for submitting an annual report to the Town pursuant to and including the information set forth in Article VII of the Service Plan. 1 I. ENTIRE AGREEMENT OF THE PARTIES. This written agreement, together with the Service Plan, 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. 12. 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 and without amendment to the Service Plan. 13. ENFORCEMENT. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. 14. VENUE. Venue for the trial of any action arising out of any dispute hereunder shall be in the appropriate district court of the State of Colorado pursuant to the appropriate rules of civil procedure. 15. 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. 16. 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. Further, with respect to any portion so held invalid or unenforceable, the District and Town agree to take such actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. 17. ASSIGNABILITY. Other than as specifically provided for in this Agreement, neither the Town nor the District shall assign their rights or delegate their duties hereunder without the prior written consent of the other Parties. 18. SUCCESSORS AND ASSIGNS. Subject to Paragraph 17 hereof, 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. ATTEST: By: .... -~-~\f,I~----....... . ' s~iXL JEST: / ·•..... . ... •·· ~~: iJ;fdKqJ;p~ M :\Firestone Trails\Agmt JLGl006 0617.0301 FIRESTONE TRAILS METROPOLITAN DISTRICT By: By: Its: RESOLUTION NO. d3..:_30 A RESOLUTION APPROVING AN AGREEMENT WITH TST, INC. CONSULTING ENGINEERS FOR DESIGN AND ENGINEERING SERVICES FOR COLORADO BOULEY ARD IMPROVEMENTS WHEREAS, the Town of Firestone intends to undertake paving improvements to Colorado Boulevard Street from its intersection with Firestone Boulevard south through the intersection of Colorado Boulevard and Pinecone Avenue; and WHEREAS, an Agreement has been proposed between the Town and TST Inc. Consulting Engineers for design and engineering services related to such project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The proposed Agreement for Professional Engineering Services between the Town and TST, Inc. Consulting Engineers for design and engineering services for paving of a portion of Colorado Boulevard (Project No. 0668-122) is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2 . The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this 9'-#, day of O cfn.fu r , 2003. ,COLORADO ne Mayor ~~v\ly~ Town Cleric 1~5:59f'Mlsj)F:'0Ffla\F'ucstcn:\Rcs\.~ C RESOLUTIONNO. 03-3} .< A RESOLUTION IN SUPPORT OF THE NOVEMBER 4, 2003, BALLOT ISSUE CONCERNING THE EXTENSION OF THE TOWN OF FIRESTONE'S SALES TAX TO THE SALE OF FOOD. WHEREAS, the Town of Firestone wishes to extend the Town sales tax to the sale of food; and WHEREAS, at the November 4, 2003 election, the Town will be asking voters to approve the extension of the sales tax to the sale of food; and WHEREAS, the Town believes that extending sales tax to food items will provide additional new revenue sources from outside the town limits due to the trade area for local grocery stores extending significantly beyond the town limits; and WHEREAS, the Town believes that the new revenue sources achieved by a sales tax on food will provide the opportunity to assure necessary municipal services and increased quality of life services without increasing property taxes; and WHEREAS, the Town desires to have a sustainable balanced economy that is independent of new construction, expanding the sales tax to food will assist in this effort due to the additional revenues from both Town and County residents who shop in Firestone; and WHEREAS, the Town believes expanding the sales tax to food is consistent with the towns Economic Development policies of bringing new revenue into Firestone; and WHEREAS, the Firestone Board of Trustees finds that the extension of the food tax to the sale of food is necessary to provide adequate funding for municipal improvements and services that will benefit the citizens and enhance the Firestone community; and WHEREAS, the Fair Campaign Practices Act, C.R.S. 1-45-117(1 )(b ), authorizes the Town's adoption of a resolution and taking of a position of advocacy on any issue pending before the electorate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Firestone Board of Trustees does hereby express its support of the extension of the existing Town sales tax to the sale of food and urges its citizens to support the change by voting "Yes" on Ballot Issue IA at the November 4, 2003 election. INTRODUCED, READ AND ADOPTED this / rday of OduJu ,-- TOWN OFF ~.Simone Mayor 2003. RESOLUTION NO. 03-32 A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR COTTONWOOD HOLLOW WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for the Cottonwood Hollow subdivision and planned w1it development; and WHEREAS, all materials related to the proposed preliminary subdivision plat and preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the proposed preliminary subdivision plat and preliminary development plan, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat and preliminary development plan, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat and preliminary development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees does hereby approve the proposed preliminary subdivision plat and preliminary development plan for Cottonwood Hollow, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSEDANDADOPTEDthis30...µ-, dayof Qc-1-vl'.k_r ,2003. ····· ······ ,.-·· TOWN ·• .... .. ... SEAL \ATTEST: / ·.. ..-· ~.& Michael P. Simone Mayor EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Cottonwood Hollow General I. Modify all documents to only identify Firestone Streets using the names referenced on the Firestone Street Grid. 2. Add a Firestone Information Block to all map sheets. 3. Use the Firestone Street naming convention for all streets (e.g. ''Ruby Avenue" instead of "Asbury Street"). Notebook 4. Provide a current tax statement. 5. An updated Title Commitment will be needed prior to FDP processing. Pceliroioacy Plat 6. Have the Dedication Statement specifically include all outlots. 7. Specify the proper scale on the Vicinity Map. 8. In the dedication section, add a note that the use of public utility easements by third parties must first be approved by the Town of Firestone for use and location of above ground facilities. 9. In the dedication section, note Tracts 7 and 20 as being dedicated to the Town. I 0. In the Tract Area and Ownership Maintenance Table, remove the land use section of the table. 11. In the Tract Area and Ownership Maintenance Table, ~dd row headings for each row (i.e. Tract, Acres and Maintenance). 12. In thr Tract Acea and Ownership Maintenance Table, for Tracts I and 6 show the maintenance as the "Owner" ( or Commercial Association, if formed and as appropriate). 13. In the Tract Area and Ownecsbip Maintenance Table, for Tracts 4, 5, 17 and 18 show the maintenance as the "Owner". 14. In the Tract Area and Ownership Maintenance Table and on the plat, remove Tracts 28 and 29 as retaining such ownership as private is inconsistent with the Annexation Agreement by approximately 3.4 acres. Also, Tract 29 was originally contemplated as a location for a public park. 15. Provide 120-feet of ROW for Arbor Street. 16. Remove landscaping from Arbor Street ROW. 17. Remove the land use designations for the Tracts, as such are not appropriate for a plat as the plat does not deal with zoning matters. 18. Specify on the plat the names of the gas companies that have existing easements on the site. 19. Appropriately identify street intersections that will be right in and right out. 20. Identify the arterial R.O. W. to be dedicated to the Town as its own Tract. 21. The intersection of Autumn Street and Sable A venue shall have an increased tangent length to 200' to meet criteria. 22. Minimum tangent lengths of 100' must be identified at all residential to residential intersections. Also, use 150' for residential to collectors and 200' for residential to arterial intersections. 23. In order to provide for adequate parking for all cul-de-sacs lots, provide a minimum of 40- foot street frontages. 24. Modify document pursuant to redline comments from the Town Engineer. 25. Modify document pursuant to redline comments from the Town Attorney. Pceliminacy Development Plan 26. Make all pertinent modifications identified for the Preliminary Plat. 27. In the Project Concept section and other sections as necessary modify the text to appropriately delete the terms "our" and "we". 28. In the Project Concept section and other sections as necessary modify the text to appropriately delete the term "next". 29. In the Project Concept section, since the feasibility and the viability of secondary water system has not been proven, delete specific references and note "A secondary water irrigation system is contemplated for portions of the project, with specific plans to be submitted during the Final Development Plan process. Any use of property within Tract 7 or Tract 20 will require a license agreement from the Town of Firestone." 30. In the Project Concept section delete the last sentence. 31. Replace "Del Camino Parkway" with "Arbor Street." 32. Correct text formatting. 33. In the Environmental Infonnatian section, delete the last sentence. 34. In the Service Requirement section, delete the reference to Ambulance service. 35. In the I and Tise section, remove the word "anticipated". 36. In the I ;ind I ise section, replace the word "overall" with "Preliminary". 37. In the I and Jlse section, delete the sentence right below Table A. 38. Remove land use information for Tracts not being specifically developed by this PDP. A separate PDP and FDP will be required for each of these tracts. 39. Modify the Setback section to create pragmatic standards that include architectural apendages and do not reference "floating" building to building spacing. Generally have the minimum front set backs of20';,minimum side setbacks of S'; and minimum rear setbacks of IS'. Also set specific setback criteria for anticipated problem lots. 40. In the Building Height section, remove the last sentence. 41. In the Park Development section, note that the expanded Tracts 7 and 20 will be dedicated to the Town concurrent to the approval of the first Final Plat. 42. In the Private Maintenance and Enforcement section, remove "to be considered". 43. In the Drainage section, remove the first sentence. 44. In the Architectme section, replace "would" with "shall." 45. In the Architecture section, add a note that states final plans will be submitted at the time of FDP. 46. In the Architectme section, add a note stating that 35% of the front elevation of each home shall be natural rock or stone. 4 7. In the Architecture section, add a note that "4-sided architecture" shall be provided along the "visual perimeter" of the project and corner lots within the project. 48. Add a Landscaping section and note that all open areas outside Godding Hollow will be irrigated, with native seed areas only requiring minimal irrigation. Specifically provide plans for the area on the east boundary of the property. 49. A,dd 3 Fencing section and describe project fencing. Assure such section is consistent with the conditions on fencing as stated herein. 50. Remove irrigation storage ponds from PDP maps. 51. Remove ODP block references and use Preliminary Plat Tract numbers. 52. Number all plan sheet sequentially. 53. Identify areas for park development and conceptually layout the park area within the southern portions of Tract 9 (and potentially Tract 8). Include a ten-foot concrete trail from Rimrock Avenue north to the park and a pedestrian crossing light at Arbor Street and Rimrock Avenue. 54. Assure adequate parking for all cul-de-sac areas. 55. Identify a I 0-foot wide concrete trail along Godding Hollow. 56. Create an exhibit to show where it is assumed that basements would not be feasible. Add a note to the Architecture section that basements shall be provided where technically feasible, subject to shallow ground water constraints. 57. Modify document pursuant to redline comments from the Town Engineer. 58. Modify document pursuant to redline comments from the Town Attorney. Pceliminacy Utility Plans 59. Modify document pursuant to redline comments from the Town Engineer. Hydraulic Slmnlation Analysis 60. Modify document pursuant to redline comments from the Town Engineer. Traffic Report 61. Modify document pursuant to redline comments from the Town Engineer. Envimnment~I Report 62. Provide an update to the report and include any necessary mitigation measures. Drainage Report 63. Modify document pursuant to redline comments from the Town Engineer. Soils Report 64. Add a note to the PDP text that a site-specific soils report/update will be required at final for each development area. Additional Conditions 65. Provide fencing details with final plans. All fencing must be tan colored three-rail vinyi except as noted below and except that 6' tan colored vinyl privacy fencing must be used behind lots abutting neighboring agricultural uses on the east. "Pet wire" is required with the three-rail fencing. Along Arbor Street and Sable Avenue, provide detail for a 5' split rail fence with required "pet wire" and additional landscape detail within the lots adjoining those roads. 66. Any natural area disturbed surrounding Godding Hollow shall be re-vegetated so as to return to the natural state. 67. Renumber tracts so they are consecutively numbered. 68. Provide specific engineering information to assure that offsite drainage is properly conveyed through the property. 69. All trails shall be JO' wide. 70. Comply with Development Regulations and add 8 ½ x 11 text to application and label outside of notebook. 71. Correct reference to "final development plan" on landscape plan and fix other typos. 72. Use town street light standard or bring forward other light fixtures that provide downcast lighting at the time of FDP. 73. Remove "Community Ponds" and on all documents. 74. Add a note to the PDP that the alignment for the IO-foot wide concrete trail shall be determined at the time of FDP and shall be constructed by the developer pursuant to a schedule determined at the time of the first FDP. 75. Tract 32 should be dedicated to Central Weld County Water District. 76. The additional Sable,ROW is shown as being dedicated but it should also be tracts dedicated to the Town. 77. The existing 100-yr floodplain and flood way boundaries need to be shown. I ll3/03 10:30 AM[1jl]F:\OFFICE\Yimtone\Subdiv\CottonwoodH0Dow.PDP .lB.Rell RESOLUTION NO. ~-33 SERIES 2003 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR PATINA OIL & GAS CORPORATION TO LOCATE AN OIL AND GAS WELL WITHIN THE TOWN OF FIRESTONE. WHEREAS, Patina Oil & Gas Corporation (hereinafter "Patina" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone an application for a special use permit to locate within the Town an oil and gas well referred to as the Rocky Mountain Fuel V 19-19Ji Well; and WHEREAS, Patina has submitted the application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission on October 15, 2003 held a properly noticed public hearing on the proposed special use permit application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly-noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the special use request for the Rocky Mountain Fuel V l 9-9Ji Well should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit request of Patina Oil & Gas Corporation for location of the Rocky Mountain Fuel V l 9-9Ji Well within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: I. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (I 2) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In I the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. I 0. The well site area shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 2 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. PASS ED AND ADOPTED this 3 O~ay of--'--"-"'cJoCL.:::...~=--r'---7"5j003. 3 Michael P. Simone Mayor EXHIBIT A: Well Location The approximate location of the Rocky Mountain Fuel V 19-9Ji Well is 1,593 feet from the south line and 1,107 from the east line of Section 19, Township 2 North, Range 67 West, 6th P.M., being located in the NE1/4SE1/4 of said Section 19, lying east of the Saddleback Golf Club and east of the Coalridge Ditch, north of Grant Avenue (Road 18), ·between Colorado Boulevard (Road 13) and Frontier Street (Road 15). I 0!23/03 5:52 PM [1wb) \\2kservcr\company\Fires1onc\Subdivisions\J'atinaWell.Oct'03.Bd.res.doc 4 RESOLUTION NO. 03-3"{ A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND THE FREDERICK-FIRESTONE FIRE_·. PROTECTION DISTRICT AND SUPPORTING THE INCLUSION OF ALL PROPERTY IN THE TOWN IN THE FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT WHEREAS, various portions of the Town of Firestone are currently located in either the Mountain View Fire Protection District or the Frederick-Firestone Fire Protection District; and WHEREAS, the Board of Trustees has determined that it is in the best interests of the Town and its citizens to have all portions of the Town within and served by a single fire protection -district; and · ---= - WHEREAS, the Board of Trustees has determined that all portions of the Town should be located within and served by the Frederick-Firestone Fire Protection District (the "District") and an intergovernmental agreement with the District has been proposed for such purpose; and WHEREAS, under such proposed agreement, the District would provide fire protection and emergency medical services to all property currently located or hereafter included within the Town; and WHEREAS, the Board of Trustees of the Town of Firestone desires to enter into such intergovernmental agreement with the District. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Intergovernmental Agreement Between the Frederick Firestone Fire Protection District and the Town of Firestone Regarding Fire Services is hereby approved in essentially the same form as the copy of such Agreement accompanying th.is resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. Section 3. The Frederick-Firestone Fire Protection District and the Mountain View Fire Protection District are encouraged to work together to bring all property in the Town into the Frederick-Firestone Fire Protection District. INTRODUCED, READ, and ADOPTED thi~~day orDct-Dbe.., , 2003. IQ.12JJOJ I :J7 PM[sjlJ F:\OFFICE\Firestooe\Rcs\FFFPD-TOWN !GA.Res 2 TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor RESOLUTION NO. A RESOLUTION APPROVING A REQUEST OF SADDLEBACK GOLF CLUB, LLC FOR THE HUNTING OF WATERFOWL ON PRIVATE PROPERTY PURSUANT TO SECTION 9.24.020 OF THE FIRESTONE MUNICIPAL CODE. WHEREAS, by the adoption of Ordinance No. 541, the Board of Trustees has amended Section 9.24.020 of the Firestone Municipal Code to include an exceptie to the prohibition on discharging firearms for hunting of waterfowl on private prope / when approved by Board resolution; and WHEREAS, Saddleback Golf Club, LLC has requested ap,"pR(Yp.!_Jf!:Q!Jl the Board of Trustees for the hunting of waterfowl on private property; and WHERAS, the Board of Trustees is willinC)o approv t e equest of Saddleback Golf Club, LLC subject to the tenns and conditions set f~h \ erein. NOW, THEREFORE, BE IT RESOLVED Bv-l:i:YP:--R TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees ./Ji, approves the request of Saddleback Golf Club, LLC ("Saddleback") for authority , disc~~e fireanns within the Town for the hunting of waterfowl on private property, pursuant Section 9.24.020 of the Firestone Municipal Code. Section 2. Such acti · shall comply with all requirements of Section 9.24.020 of the Firestone Municipal Code d wit of the following tenns and conditions: a. b. C. e. f. Discharging of fir s shall occur only at one hunting blind in the location shown on Exhibit A; e authorized blind location shall at all times be a minimum of 1200 feet from any k -~ining property lines. Dischar fi / s shall be for the sole purpose of hunting waterfowl located on the roperty owned by Saddleback. The entire golf course property owned by Saddleback shall be closed during the tim:zwh · e discharging offireanns is allowed to occur. u mg shall occur only between the hours of __ and __ on a weekday (Monday thru Friday); no hunting is allowed on Saturday or Sunday. hunters shall use a shotgun of 12 gauge or smaller, using a steel shot which is size two or smaller. The Colorado Division of Wildlife rules and regulations shall govern all hunting activity. I g. Saddleback shall post and maintain, at all entry points and at all times while hunting activities are in progress, warning signs which indicate that hunting activities are in progress. h. No trespassing signs shall also be posted at all entry points except the main entrance to the property. 1. All hunters shall be escorted to the blind by Saddleback Golf Club personnel. J. Saddleback Golf Club personnel shall patrol the property on days when hunting activity is underway and at least one Saddleback Golf Club representative will monitor the blind at all times. k. Saddleback shall notify the Firestone Police Chief; Firestone Town Administrator and Weld County dispatcher at least four hours in advance of any and all hunting activity. I. The Firestone Chief of Police, in his discretion and at any time for any reason, may order that hunting activities cease. Upon request of the Chief of Police, Saddleback shall implement additional safety control measures identified by the Chief of Police within a reasonable time. Section 3. This resolution shall take effect ---~ 2003, provided Saddleback has executed and delivered the acknowledgement required by Section 4, hereof and shall expire automatically on November 31, 2003 unless sooner revoked. Section 4. This resolution shall not become effective until Saddleback Golf Club, LLC has executed and delivered to the Town its written acknowledgment accepting all terms and conditions hereof and agreeing to indemnify and hold harmless the Town with respect to its activities. INTRODUCED, READ, AND ADOPTED this. __ day of _____ _, 2003 ATTEST: Judy Hegwood Town Clerk 2 Michael P. Simone Mayor Saddleback Golf Club, LLC, a Colorado limited liability company ("Saddleback"), hereby accepts and agrees to abide by all terms and conditions of Resolution No. ____ regarding the discharging of firearms on its property. Saddleback hereby further agrees to indemnify and hold harmless the Town and its officers, agents, and employees from and against all liability, claims, damages, losses, and expenses, including bur not limited to, attorneys' fees arising out of, resulting from, or in any way connected with, the hunting of waterfowl on Saddleback Golf Club's property. SADDLEBACK GOLF CLUB, LLC By: ------------Title: ------------ ACKNOWLEDGMENT STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this __ , day of -----~ 2003, by -------~ Saddleback Golf Club, L.L.C., a Colorado limited liability company. Witness my hand and official seal. My commission expires on: _____ _ (SEAL) Notary Public I0/2fl003 12:02 PM{mJ°bJF:\Cotnpany\F'ucstone\Resolut\GooscHlDlting.rcs.doc 3 RESOLUTION NO. ~3.S- A RESOLUTION APPOINTING SPECIAL COUNSEL FOR EXCLUSION OF FIRE AND AMBULANCJ:: DISTRICTS FROM THE TOWN WHEREAS, the Town has entered into an intergovernmental agreement with the Frederick- Firestone Fire Protection District (the "District"), for the District to provide fire and emergency medical services to areas within the Town; and WHEREAS, the Town desires to appoint special coWJSel to represent the Town with respect to exclusion of fire and ambulance districts from the Town. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The Town hereby appoints_ Richard L. Shearer, Esq. and Dino A. Ross, Esq. of the law firm oflreland, Stapleton; Pryor & Pascoe, P.C., as special coWJSel to the Town of Firestone for exclusion of fire and ambulance districts from the Town. Section 2. Such appointment shall be effective upon the approval of this resolution. Special counsel hereby appointed shall serve at the pleasure of the Board of Trustees and be compensation by the Frederick-Firestone Fire Protection District for services rendered to the Town. Section 3 The Mayor is hereby authorized to execute such additional do.curnents, consistent with the provisions hereof, as may be necessary or desirable in furtherance of this resolution. · INTRODUCED, READ, and ADOPTED this &.._µ, day of...,__,_,'-==~.,_,_,.___, 2003. IO'IWJ 1:37 PM[5jl] f:'OFFICEIF"~ lOWN SpeaaJ Cwnsd Res Michael P. Simone Mayor OLORADO RESOLUTION NO. 03-.31.o A RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT PLAN AND FINAL DEVELOPMENT PLAN FOR CARBON VALLEY MEDICAL CENTER WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Preliminary Development Plan and Final Development Plan for Carbon Valley Medical Center to be located on a portion of Parcel 3, Dollaghan P.U.D. Phase III; and WHEREAS, all materials related to the proposed Preliminary Development Plan and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Preliminary Development Plan and Final Development Plan, and has forwarded to the Board of Trustees a recommendation of approval of such plans with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Preliminary Development Plan and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Preliminary Development Plan and Final Development Plan for Carbon Valley Medical Center should be approved subject to ce~ conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Preliminary Development Plan and Final Development Plan for Carbon Valley Medical Center, to be located on be located on a portion of Parcel 3, Dollaghan P.U.D. Phase III, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. ~Slmone Mayor ~ "$~=-12. JHegwo wnClerk 2 PDP PDP Text EXHIBIT A Preliminary Development Plan and Final Development Plan Conditions of Approval Carbon Valley Medical Center I. Make Sheet I 3, Sheet I. 2. Make minimum building setbacks consistent with site plan. PDP Map Sheets 3. Remove references to "unmowed" grass, as it may conflict with Town weed ordinances. 4. Replace the fescue bluegrass sod with bluegrass sod. Also, increase width of any sod area along Echo Street to a minimum of 20 feet. FOP EDP Iext 5. Add a note that directional and information signs are permitted consistent with the requirements of the Town Code. 6. Add statement of intent to landscape plan, the text of which shall be approved by the Town Planner. 7. Add Transportation, Park and Trails Sub-Area Plan, or statement regarding same, which shall be approved by the Town Planner. EDP Map Sbeets 8. Incorporate all relevant conditions from the ODP and PDP. 9. Create a legal description for the FDP area. I 0. Provide details of any signage proposed. 11 . Identify reveals as shown on elevations. 12. In order to minimize the view of the parking lot from the residential area to the west, maximize and identify the heights for all berms. Utility Plans 13. Utility Plans will need to be approved by the Town Engineer. Development Agreement 14. Execute a development agreement as prepared by the Town Attorney. Additional Conditions 15. Move lighting note from landscape plan to utility plans. I 6. Address access and line issues with oil and gas operator. I 7. Remove contour lines from PDP/FDP. 18. Add sign details and location to the PDP/FDP. Such sign shall be ground mounted with final approval by the Town Planner. 19. Add phase lines to the PDP/FDP. 20. Phase the irrigation system such that any areas disturbed by construction can be reseeded and irrigated. 21. Consider one ground mounted sign on Firestone Boulevard. The size shall be consistent with the Town's sign code, with final approval by the Town Planner 22. Add a 4-foot wide sidewalk along Echo Street. 23. Provide detailed plans for phasing of landscape improvements with building phasing. 24. Add phasing plans to the PDP and FDP plan sets. 11/13103 4:00 PM (ljlJ F:\Company\YucstonclSubdivisions\CabonValleyMcdCntr.lB.~.doc 4 RESOLUTION NO. 03-.11_ A RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT PLAN AND A FINAL DEVELOPMENT PLAN FOR CARL'S JR. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary development plan and final development plan for Carl's Jr., to be located on Lot 11, Block 1, Del Camino Junction Business Park P.U.D.; and WHEREAS, all materials related to the proposed Preliminary Development Plan and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Preliminary Development Plan and Final Development Plan, and has forwarded to the Board of Trustees a recommendation of approval of such plans with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Preliminary Development Plan and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Preliminary Development Plan and Final Development Plan for Carl's Jr. should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Preliminary Development Plan and Final Development Plan for Carl's Jr., to be located on Lot 11, Block I, Del Camino Junction Business Park P.U.D. subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. Michael P. Simone Mayor EXHIBIT A Preliminary Development Plan and Final Development Plan Conditions of Approval Carl's Jr. FOP 1. On the vicinity· map, Road 24 should be changed to Firestone Blvd and Road 22 should be · changed to Sable Avenue, as indicated on the cover sheet. Both of these roads have been annexed into the Town of Firestone. 2. Prepare Vicinity Map pursuant to Development Regulations. 3. Provide a current Tax Statement. 4. Correct spelling and grammatical errors throughout the application. 5. Provide an updated Title Commitment prior to final recording. 6. Add a tabbed section to the notebook for an 8-1 /2 x 11 copy of the text sections shown on Sheet 1. 7. Submit for review and approval by the Town Planner a Private Maintenance and Enforcement section, a Parks, Trails and Open Space section, and a Controls Text section. 8. In the Project Concept section, replace the word "desirable" with the word "tax". 9. In the Architecture section, add in parentheses "see attached elevations". 10. In the Setback section, change the phrase" has been reduced to" to "is". 11. Add a contact name for the Owner/Developer and Technical Consultants on the cover sheet. Also add the name of the Owner. 12. The Del Camino Junction Business Park has been annexed into the Town of Firestone. Add the Town to the legal description as indicated. 13. Add an approximate construction start and completion date to the Development Schedule. 14. Add a Potable Water Requirement Table to the FOP. Provide the Town Engineer with historical use calculations from another similar Carl's Jr. facilities. If this is not available, calculate the average water demand using A WW A methods. Also, complete the irrigation demand portion of the table, using demand rates as specified by the Town Engineer. 15. Adjust that the "grass" seed mix on the landscape plan to a typical bluegrass mix. 16. The address for the building is 4238 Union Street. Show this on the plan 17. Add the building finished floor elevation to the site plan. 2 18. The existing 2" water service location does not match that of the Del Camino Junction Business Park Utility Plan. The same construction plans show the existing 6" fire hydrant service line within Union Street. Changes need to be made if applicable. 19. Show additional detail where the Carl's Jr. building connects to the existing water system. This needs to include the meter pit location and details for the fire service and irrigation system connections. If the actual water meter is located inside the building, then provide details to show how the meter flow indicator can be read from the exterior of the building. Provide details for the irrigation back flow prevention system. 20. Based on the Del Camino Junction Business Park Final Plat, it appears the Carl's Jr. building is centered within the Kanab 50' gas pipeline easement. The Revised ALTA/ACSM Land Title Survey dated March 18, 2003 by Landstar Surveying, Inc. shows that the gas line easement has been relocated east of the proposed building for Lot 11 of Block 1 and is underneath the proposed parking lot. Provide written documentation clarifying the current easement location and demonstrating that improvements are in acceptable locations. 21. A plan set shall be submitted to and approved by the St. Vrain Sanitation District. Add an approval block to the cover sheet for this purpose. 22. Indicate if all curb & gutter is planned to be outfall. 23. The existing contours on the grading plan need to be updated to show the construction of the 1-25 Frontage Road and Union Street. The existing contours should also show any overlot grading that was done to Lot 11. The existing contours should also reflect how the property east of Lot 11 drains into the common swale that runs south to north. 24. Show where the proposed contours tie into the existing contours. 25. On the grading plan, add grades for the 4' wide cross pan and cross-slopes for the parking lot. 26. Add erosion control measures to the grading plan. This should include silt fence (if required) an inlet protection. 27. Add additional design details to the proposed retaining wall. 28. At the parking lot entrance, the driveway cut will need to be replaced by curb returns, a cross pan, and handicap ramps. Provide existing and proposed spot elevations to ensure that the entrance ties-in with existing Union Street. Provide construction details for this connection. 29. Install a stop sign at the site entrance for patrons exiting the parking lot. 30. Add the Town of Firestone standard details for improvements associated with this project. These include a meter pit, curb & gutter, etc. 31. Submit this FDP to the Mountain View Fire Protection District for review, comments, and approval. 3 32. Add owner names to all utilities which are affected by this project. This includes, but is not limited to, water, sewer, gas, and telephone utilities. The applicant must ensure that all of these owners are aware of and approve proposed improvements and/or relocations affecting their interest. 33. On the Landscape Plan, hatch areas that will be covered with sod. In addition; list the square footage to be covered by sod and the square footage to be covered by other types of landscaping. 34. Add an irrigation system design to the landscaping plan, which design shall be reviewed and approved by the Town Engineer and Town Planner. 35. Modify plans pursuant to Town Engineer's red-lines. 36. The top elevation of the pole mounted sign shall be at least one-third lower than the top elevation of the existing Wendy's sign. The corresponding sign height shall be noted on the final construction plan prior to approval. Drainage Report 3 7. Additional basins will need to be delineated to prove that the total developed flow from Lot 11 does not exceed what was calculated in the Del Camino Junction Business Park Final Drainage Report. These basins need to represent sub-basin D6 as depicted in this drainage study. References to the flows computed in this previous drainage master plan will need to be made in the narrative section of this report. 38 .. Indicate where the roof drains will be located on the Drainage Map. 39. In the narrative of the report, please describe the path of the runoff if the inlet is completely plugged. 40. Changes made to the grading plan need to also be made on the Drainage Map. 41. Modify plans to conform to Town Engineer's red-lines. liMM 9"57 AM{sjl] F~~.TB~_(linal) 4 RESOLUTION NO. 03 -3 8 A RESOLUTION ENLARGING THE FIRESTONE YOUTH ADVISORY PANEL WHEREAS, the Board of Trustees of the Town of Firestone believes that our youth should share with their community leaders the responsibility for addressing their needs, desires, challenges and issues; and WHEREAS, the Board of Trustees recognizes that the young people of our community have unique and valuable insights to provide with respect to such needs, desires, challenges and issues; and WHEREAS, the Town Board desires to enlarge the Youth Advisory Panel which has been , previously established to advise and assist the Board of Trustees with respect to issues that affect the youth of the Town of Firestone. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Youth Advisory Panel (hereinafter "the P111l.el"), which is currently composed of eight (8) members, is hereby enlarged to include one additional member. The Panel will now contain nine (9) youth who are Town Residents. The initial term of the additional member shall run through August 31, 2004. All appointments shall be made by the Trustee designated as Health and Welfare Commissioner with the consent of the Board of Trustees. INTRODUCED, READ, and ADOPTED this J3_ day of (\ O~ IYJ hr , 2003. 11/1003 J:S4 PMJ:mjb) F:'Comp!lll)"F~\YOU!h Ad\W}'PmidAmcnd.Ill5.doc 0r2J Michael P. Simone Mayor 0 RESOLUTION NO. 03-39 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SABLE GLEN ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Sable Glen Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and · WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. Section 3. in the petition. No election is required under § 31-12-107(2), C.R.S. No additional terms and conditions are to be imposed except any provided for I Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, January 11, 2003, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. . ~ b INTRODUCED, READ, and ADOPTED this ;)__0 day of nav-e mr, 2003. 11/20/03 12:45 PM[sjl]\\2bervei\company\Fucstonc\Annc:it\SableGlenSubmntialCump.res 2 ~& Michael P. Simone Mayor EXHIBIT A LEGAL DESCRIPTION SABLE GLEN ANNEXATION 3 RESOLUTION NO. 03-j/)_ A RESOLUTION APPROVING AN AMENDED OUTLINE DEVELOPMENT PLAN, PRELIMINARY DEVELOPMENT PLAN, PRELIMINARY PLAT, FINAL DEVELOPMENT PLAN, AND FINAL PLAT FOR FIRESTONE VILLAS WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an amended outline development plan, preliminary development plan, preliminary subdivision plat, final development plan and final plat for Firestone Villas; and WHEREAS, all materials related to the application have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with .Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed amended outline development plan, preliminary development plan, preliminary subdivision plat, final development plan and final plat, and has held a properly noticed public hearing on the application; and . WHEREAS, the Board of Trustees finds that the proposed amended outline development plan, preliminary development plan, preliminary subdivision plat, final development plan and final plat, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the amended outline development plan, preliminary development plan, preliminary subdivision plat, final development plan and final plat for Firestone Villas, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 14" day of 00mlli ,-2003. 7½l,i!!l Michael' P. Simone Mayor _.....-~QWt·J ······ ... : SEAL) •.. .·· ···• .... iiwibi; · · 2 EXHIBIT A Amended Outline Development Plan Preliminary Subdivision Plat and Preliminary Development Plan Final Development Plan and Final Plat Conditions of Approval Firestone Villas I. Adjust typical building setbacks graphic for interior lots to assure compliance with Town Code relative to building orientation. 2. Modify building elevations so they graphically demonstrate compliance with Town Code relative to building orientation. 3. Add the size of the noted boulders, reduce the number, and place in a more free form pattern. 4. 5. 6. 7. 8. 9. 11. 12. 13. Place the lot geometry on the FDP for all lots. Add material and color information to monument sign detail. The materials and colors shall comply with the Firestone Sign Code and be subject to review and approval by the Town Planner. Set a minimum floor area size of 1,000 square feet. Modify plans to comply with redline comments from the Town Engineer. Modify plans to comply with minor form redline comments from the Town Planner. Modify plans to comply with comments from the Town Attorney. All homes shall have garages. Monument Sign· Submit monument sign detail for review and approval by Town Planner prior to recording. I aodscapiog· Delete trees. Arcbitectme· Provide similar architectural detailing on the rear of the homes that back onto Colorado Boulevard as is provided for on the front of the homes ( e.g. if there are shutters, rock or brick on the front of the home such materials shall be also utilized on the rear of the home). 14. 15. 16. Eeociog· Specify on the plan and in the text the use of 6-foot tan colored vinyl fencing for the exterior fence on the south and the west. Provide for wooden fencing within the subdivision. Extension nf Venice St West af Naples St · Create this area as a landscaped tract with a IO-foot wide concrete sidewalk across its length, to be dedicated to the Town. A current title commitment, specific to the plat legal description shall be submitted. The plat shall be revised, as appropriate an in a manner acceptable to the Town Engineer and Town Attorney, to reflect the information in the title commitment. 1215AXI 7:46 AM{sjij F:\Compmly\F"~nstoneVi!l!I!.. 1B"" 4 RESOLUTION NO. 03-jj_ A RESOLUTION APPROVING A FINAL SUBDMSION PLAT AND FINAL DEVELOPMENT PLAN FOR THE SADDLEBACK HEIGHTS SUBDMSION WHEREAS, there has been submitted to the Board of Trustees of the TOW!). of Firestone a request for approval of a final subdivision plat and final development plan for Saddleback Heights Subdivision; and WHEREAS, all materials related to the proposed final subdivision plat and final development plan application have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Towh ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed final subdivision plat and final development plan, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and final development plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plat and final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the final subdivision plat and final development plan for Saddleback Heights subdivision, subject to the conditions set forth on Exlubit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this qA day of , yl C..u tr 2003. ATTEST: Michael P. Simone Mayor ~ .... ~;,t;~---...... .... SE~L : .......... . .... -· ... General EXHIBIT A Final Subdivision Plat & Final Development Plan Saddleback Heights Conditions of Approval I. The HOA shall be formed and CCRs complete prior to the recording of the FDP. 2. Note in the FDP text that the detention pond/park shall be valued at 75% of the I 0% land dedication requirement. The balance of the public land dedication requirement shall be cash- in-lieu, to be paid at or prior to recording of the final plat. 3. Confirm coordination of access points onto Frontier Street, looping water and joining sanitary sewer have all been agreed to by the Farnsworth development. 4. An amendment to the Annexation Agreement shall be executed and recorded at or prior to recording of the FDP and Final Plat. The agreement must address the elimination of the minimum lot size restriction in exchange for increase in the minimum open space dedication requirement from eight to ten percent, and address related matters. 5. Remove graphic conflicts so that all text is legible. 6. Provide the Town with copies of documents that secure the removal of the oil/gas well on the property. 7. Provide the Town's standard agricultural note on both the plat and FDP. 8. In the Private Maintenance and Enforcement section state that the HOA shall maintain the park for IO years, with the Town having the option to take over maintenance at any point during the I 0-year period. 9. Use beige vinyl fencing instead of white. 10. No detached garages on interior lots. 11. Garages cannot encroach into setbacks. 12. Revise address chart for Lot 18 (9149 Forest Street). Additionally, clarify addresses for Lots 22 and 28. 13. Add a streetlight to north end of Purdue Avenue, adjacent to Lot 10. 14. Increase size of eaves shown in architectural elevations and in the text to a 16" minimum. 2 15. Add landscaping shown in illustrative site plan to the FDP. 16. Correct reference to cable television provider. 17. Use the Town adopted street light in the Utility Plan. 18. Move mail kiosk further into the site and provide a cut-in. 19. Clarify and provide confirmation that the "existing gas well" noted within Lot 27 has actually been plugged and abandoned. Show the location of the plugged and abandoned well on the plan. Final Plat 20. Prepare the Final Plat map to be more legible. 21. Modify text to assure property dedicated to the Town does not also include any dedications to others. 22. Dedicate Outlot C to the Town for future public street access to Lot 1 of the Lawson Subdivision. 23. All outlots to be dedicated to the Town or to the HOA shall be transferred to the Town or HOA, as the case may be, by deed. 24. Add a signature block to the plat and the FDP for approval of each lienholder or provide evidence that, at the time of recording of the plat, there are no lienholders. ' 25. Modify plans to comply with comments and redlines of the Town Engineer. 26. Modify plans to comply with comments of the Town Attorney. FDP 27. Remove references to "Plat" on the FDP. 28. On Sheet 2, make Note 5 an affirmative statement. 29. Provide lot dimensions for all lots on all relevant sheets. 30. In the Acchitectme section, note that the same models will not be located next to or across the street from each other. 31. On Sheet 8, reconsider the location of the Mail Boxes to a location further to the west. 32. Provide an Irrigation Plan that includes a method, design and layout of all irrigation facilities. Sprinkler lines and sizes, head locations and sizes, in addition to the tap location, size and details shall be provided. Such plan shall be subject to review and approval by the Town Engineer and Town Planner. 33. On Sheet ID, in the Irrigation Notes Item 7, submit the detailed noted therein prior to recording; such detail is subject to review and approval by the Town Planner. 34. On Sheet ID, modify the Water Use Chart, pursuant to comments from the Town Engineer. Also, provide specific water demand calculations for the larger lots. 35. On Sheet 1 Q, remove all text that relates to the "Contract" or other construction language. 36. Provide more intense landscaping along Frontier and Pine Cone. 3 7. Provide a total of 8 deciduous trees at the lot lines between properties in Out lot A. 38. Modify typical Jot planting to include 3 tre~s per lot. 39. Provide specific information regarding plant selections. 40. Remove references to "possible". 41. Provide a typical residential Jot landscaping plan. 42. Double amount of stone fencing columns along arterial roadways. 43. Provide documentation confirming that CWCWD agrees to the increased landscaping above their water line. If it does not; relocate that landscaping according to a detail approved by the Town Planner. 44. Specify a coordinated building and roof color scheme for the development. 45. Provide specifics on accessory buildings and. note that the total combined square footage for a maximum of two accessory building shall be 400 square feet. Also note that no "mother-in-law'' residential units are permitted. 46. Clarify that stated setbacks apply to architectural appendages and decks. 47. Modify text to comply with to Town Planner's redline comments. Final Utility Plans and Technical Reports 48. Modify plans to comply with comments and redlines of the Town Engineer. Additional FOP Comments 49. In the Project Concept section delete "proposed to be". 4 50. In the FDP text replace "will be" with"shall be". 51. Add the word "district" at the end of the second paragraph in the Project Concept section. 52. In the third paragraph of the Project Concept section remove the word "proposed". 53. Revise the architectural elevations to be consistent with the written standards. Also add a note stating that the elevations are representative of the written standards and that the written standards control and must be met in their entirety 54. In the Architecture section remove the terms "encouraged" and discouraged" and replace such text with pragmatic statements. 55. Provide a setback criteria to assure an minimum of a 7-foot rear wall plane variation for the lots along Frontier Street and Pine Cone Avenue. 56. Remove the Drought Response section as it is inconsistent with the plans shown. 57. Note in the typical lot landscape plan that all residential lots shall be irrigated bluegrass turf or shrubs. Also provide a typical for both exterior and interior lots as approved by the Town Planner. 58. In the Single Family Lot Landscape Requirements delete note 3 as it is inconsistent with the typical plan shown. 59. Note that the final 3-rail fencing must be approved by the Town Planner. 60. Note that the exterior 3-rail fencing shall be constructed by the Developer prior to issuance of the first certificate of occupancy within the subdivision. 61. Add a 6-foot wide concrete walkway around the park in the location presented to the Planning Commission. 11/5/03 7;SJ AM {sjl) F:\Company\flrestone\Subdivislons\SaddlebackHcights.finals.TB.rcs,doc 5 RESOLUTION NO. 03-R A RESOLUTION DENYING A PROPOSED REPLAT OF LOTS 2 AND 3 OF THE FIRESTONE SAFEWAY SUBDIVISION AND LOT 5, BLOCK I OF THE ZADEL RANCH COMMERCE VILLAGE SUBDIVISION, A PROPOSED AMENDMENT TO THE FINAL DEVELOPMENT PLAN FOR FIRESTONE SAFEWAY SUBDIVISION, AND A PROPOSED PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN FOR THE CARBON VALLEY ANIMAL HOSPITAL WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a proposed replat of Lots 2 and 3 of the Firestone Safeway Subdivision and Lot 5, Block I of the Zade! Ranch Commerce Village Subdivision, a proposed amendment to the Final Development Plan for Firestone Safeway Subdivision, and a proposed Planned Unit Development ("PUD") Final Development Plan for the Carbon Valley Animal Hospital; and WHEREAS, all materials related to the application have been reviewed by Town Staff and Firestone Planning and Zoning Commission; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record; and WHEREAS, by Resolution No. PC-03-17, the Planning and Zoning Commission recommended denial of the application, and the Board of Trustees has duly considered the Commission's recommendation; and WHEREAS, the Board of Trustees on November 20, 2003, held a properly noticed public hearing on the application, at which the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record, including but not limited to the application submitted by the applicant (including the original application and revised application dated November 6, 2003); the applicant's power point presentation; the Town planning staff's power point presentation; the Town planning staff's staff report and November 18, 2003 memo concerning the revised application; letters and a petition submitted by the applicant; letters received from other third parties; and the proofs of publication, posting log and certificates of mailing for the hearing on the application; and WHEREAS, based on the record and evidence before it, the Board of Trustees finds, for the reasons set forth below, that the application should be denied. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1 Based on the testimony and other evidence presented at the hearing, the Board of Trustees hereby makes the following factual findings with respect to the application: I. The application is for an expansion of the existing Carbon Valley Animal Hospital building from approximately 4,596 square feet to approximately 12,364 square feet. 2. The existing hospital is located on Lot 5, Block 1 of the Zade! Ranch Commerce Village Subdivision, which land is zoned M-1. The land proposed for the hospital expansion is already subject to an approved and recorded Planned Unit Development ("PUD") for the Firestone Safeway Subdivision. 3. The existing PUD zoning which governs development of the property proposed for the expansion provides that the PUD is for "the coordinated and integrated development ofa 'state of the art' supermarket anchored neighborhood shopping center." Existing and planned uses with the Subdivision include a grocery store, gas station, and in-line and enclosed retail uses such as restaurants, a salon and a liquor store. The property is surrounded by the Town Hall directly across the street to the east, the Safeway shopping center approximately 200 feet to the north, the approved Heritage Bank approximately 250 feet to the west, and an existing residential subdivision directly across the street to the south. 4. The existing PUD zoning which governs development of the property proposed for the expansion provides and requires that all land uses within the PUD shall be limited to those functionally equivalent to those in the PUD, Neighborhood Commercial (PUD NC) district. 5. The PUD NC zoning district permits specified commercial and office uses to occur. Uses permissible with the PUD NC district are set out in Section 15.4.1 of the Firestone Development Regulations and include uses such as retail commercial, retail sales and service, retail showroom, food sales, personal service, and other uses listed therein. Kennels are prolubited within the PUD NC district. The Town since at least 1995 has prolubited outdoor kennels within its commercial PUD districts. 6. Kennels are not an approved use within the Firestone Safeway Subdivision PUD; therefore, the use proposed must be reviewed pursuant to the criteria for approval or amendment of a PUD application, as set forth in Chapter 17.22 of the Firestone Municipal Code and Section 6.6 of the Firestone Development Regulations. The burden of proof is upon the applicant. 7. The expansion would result in an anticipated increase in patrons at the facility from 40 per day to 60 per day. 2 8. The proposed hospital expansion would increase the outdoor dog boarding facilities from 23 to 59 outdoor dog runs, and dogs are expected to be outside from 8:00 to 9:30 am and from 4:30 to 6:00 p.m The proposed expansion will increase the number of dogs at the facility to a maximum of 120, and increase the number of other animals at the facility to a maximum of 24. 9. Currently, the Animal Hospital occasionally generates a significant amount of noise from barking dogs being boarded at the facility when the dogs are taken to the outside dog runs. I 0. An increase in the number of dogs being boarded at the facility will result in an increase in noise. While there was testimony that dogs will be outside for a shorter period of time if the number of outdoor kennels is increased, the Board finds that there will be, at a minimwn, an increase in intensity of noise during those periods when dogs are outside. 11. No evidence was presented at the hearing that the proposed land use is compatible with the existing uses in close proximity; namely a major grocery store, other high quality commercial, municipal center and residential developments. 12. The applicant provided no testimony or other evidence to address concerns regarding compatibility of the proposed expanded kennel operations with the existing surrounding land uses. No testimony or other evidence was presented demonstrating that outdoor kennel uses are located within developed retail shopping centers similar to the existing PUD. A representative of Lambert Properties, which is marketing properties in the Safeway subdivision, testified that no potential users had expressed to him that the veterinary clinic deteriorated their desire to locate in the subdivision, and that no tenants had expressed to him any concerns with the clinic. A representative of Alberta Firestone, LLC, the property owner, testified that because of the presence of the existing facility, the owner will not get a restaurant use upon lands adjacent to the existing facility. The Board finds that the testimony regarding the existing clinic does not demonstrate compatibility of proposed expanded kennel with the existing surrounding land uses. Rather, the Board finds that an expansion of the facility into the PUD will create and increase incompatibility of uses. 13. The applicant also provided no testimony or other evidence to address concerns regarding odors that may emanate from the site as a result of the increased numbers of dogs being boarded at the facility. Section 2 Based on the foregoing factual findings, the Planning and Zoning Commission hereby concludes that for the following reasons the applicant has failed to demonstrate that the application "is compatible with present development in the surrounding area, and will not have a significant, adverse effect on the surrounding area"; that the application "is consistent with the public health, safety and welfare, as well as efficiency and economy in the use of land and its resources"; or that exceptions requested-particularly the request to commence otherwise prolubited kenneling uses within the Safeway PUD-are warranted by virtue of innovative design and amenities incorporated into the PUD district." See Firestone Development Regulations, § 6.6.A, 6.6.B, 6.6.E. I. The applicant has not demonstrated that an expansion in the size of the dog boarding facilities as proposed is compatible with present development in the surrounding area 2. The applicant has not demonstrated that an expansion in the size of the dog boarding facilities as proposed in the application will not adversely affect development already existing in the area and will not discourage future development in the area The applicant testified that restaurant uses, a use currently permitted within the PUD, would be unlikely to locate on lots in close proximity to the kennels, a use not currently permitted with the PUD. As such, the Board finds that a PUD amendment which essentially rezones a portion of the PUD for kennel use, is inconsistent with the PUD. 3. The proposed expansion is incompatible with the purpose and intent of the existing PUD, and adds to the PUD an element inconsistent with the existing and planned commercial uses. The commencement of outdoor kennels within the existing PUD is a prolubited and incompatible use that cannot, and has not, been overcome with any design innovations or amenities incorporated within the PUD. 4. Sufficient evidence has not been presented by the applicant that effective measures will be, or even can be, taken to mitigate the barking dog noise and to address Town odor standards. 5. The Town Board finds that the proposed outdoor kennel is not a use that is functionally equivalent to those in the PUD NC district. No other use within that district contemplates or allows outside boarding of animals, nor does any other use within that district comtemplate or allow noise, odors and similar impacts that are associated with kennels. 6. The Town Board finds that the proposed outdoor kennel will not work in this location because of the negative impacts that would occur to the neighboring grocery store, other high quality commercial existing and proposed for this location, the municipal center and the existing residential subdivision. Section 3 In accordance with the above findings and conclusions, the Town of Firestone Board of Trustees hereby denies the proposed replat of Lots 2 and 3 of the Firestone Safeway subdivision and Lot 5, Block I of the Zade! Ranch Commerce Village Subdivision, the proposed amendment to the Final Development Plan for Firestone Safeway Subdivision and the proposed Final Development Plan for the Carbon Valley Animal Hospital over Lots 2 and 3 of the Firestone Safeway subdivision and Lot 5, Block I of the Zade! Ranch Commerce Village Subdivision PASSED AND ADOPTED this __ day of ______ ~ 2003. 4 ATTEST: 121.WJ 1115 PM(sj]Jf :\Office\F'IICSUJIIC\SubdM'&ttwau2003~cndmertt.1B~denial) ~ Michael P. Simone Mayor .......... --<~~~ ······ ... :· '$£.~\., ·: ..................... •-;:{ omff~ 5 RESOLUTION NO. 03-43 A RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE EAGLE CREST P.U.D. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a minor subdivision plat for the Eagle Crest P.U.D.; and WHEREAS, all materials related to the proposed minor subdivision plat have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed minor subdivision plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed minor subdivision plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section J. The Board of Trustees of the Town of Firestone does hereby approve the proposed minor subdivision plat for the Eagle Crest P.U.D., subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. 4/i ,\ INTRODUCED, READ, and ADOPTED this .LL_ day of UJ_ 0111 hu~ , 2003. ½AdL Michael P. Simone · ATTEST: Mayor Title Commitment EXHIBIT A Minor Subdivision Plat Conditions of Approval Eagle Crest P.U.D. 1. Provide a current title commitment. Minor Plat 2. Note 3 on the cover sheet will need to be corrected when a new title commitment is provided. 3. Tract C is already owned by the Town. The recording information for that deed should be reflected on the plat and in a current title commitment. 4. Re"ise the plat to extend the existing Town water line easement along the southern edge of the property to the west property line. 5. Modify plat to conform to Town Engineer and Town Attorney red-lines. 6. If determined necessary by the Town Attorney, the Subdivider shall execute and record conveyance and/or reconveyance deeds to reflect the boundary adjustment reflected by the plat. 12/ll/200312:lJPM[sjl)F!-Comp.,ny\J'-~'tBn:s.doc I 2 RESOLUTION NO. 03-1FI A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR FIRESTONE RETAIL CENTER WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for Firestone Retail Center; and WHEREAS, all materials related to the proposed preliminary subdivision plat and preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat and preliminary development plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat and preliminary development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees of the Town of Firestone does hereby approve the proposed preliminary subdivision plat and preliminary development plan for the Firestone Retail Center, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this / r"' day of Ll.0 "'k r /~~~~·······• .•...• ~'t:J . . ... l,V t Ci z:;( ~r<2--. Michael P. Simone Mayor , 2003. EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Firestone Retail Center General 1. Use Firestone Street Grid names on Firestone Streets. 2. Use the Firestone Information Block on all sheets and appropriately fill it in. 3. Correct typographical errors throughout. 4. The name of the development needs to be consistent and labeled appropriately on the Preliminary Plat, Preliminary Development Plan and Preliminary Utility Plans. 5. On the Development Application correct the name of subdivision. 6. Provide an updated Title report. 7. Provide an updated Tax Statement. 8. Modify documents pursuant to comments from the Town Engineer. Preliminary Plat 9. Town of Firestone Benchmark for Construction Area needs to be referenced on the Plat Cover Sheet in a note. 10. Remove "Certificate of the Clerk and Recorder" from the Cover Sheet. 11. Cover Sheet title should say "Sheet 1 of2". 12. The scale on Sheet 2 of2 should be I "=SO'. 13. Easement labels need to be more indicative of what the easement is they are labeling. 14. Town waterlines shall be exclusively identified in the easements. 20-foot wide easements are needed for the waterline. If the easement is shared with Tri-Area San District, then 30' is needed. Such easements shall be exclusive to waterlines and shall not be labeled generically as "Utility Easement". Preliminary Development Plan I 5. Add a note that a license agreement shall be required to cross the Firestone Trial. The applicant needs to prepare a legal description for that portion that crosses the trail. I 6. The Environmental Information section should reference the report, preparer and date of the current assessment. Also, wetlands were noted on the north side of the project in the proposed Tract A in the Preliminary Development Plan. Provide information regarding whether there are jurisdictional wetlands on the site. 17. Add a note to the Project Concept section that states that at the time ofFDP and Final Plat that it is anticipated that some adjoining lots may be combined to create a larger lot suitable to certain retail uses. Such changes would require a replat or boundary adjustment approval. 18. Add a statement to the Private Maintenance and Enforcement Section that clarifies that the ODP, PDP and the FOP will control all development in the Firestone Retail Center and that the CCRs will control from a private perspective provided they do not conflict with the FOP. 19. Add the following statements to the Parks, Trail and Open Space section: Firestone Retail Center shall be responsible for the construction of the IO-foot wide concrete trail shown on the FOP. The final alignment ofthis trail shall be approved in writing by the Town Planner. Public land dedication, required pursuant to code, shall be by cash-in-lieu at the time of final plat. 20. Modify the controls section to state that the development of common areas and the noted portion of the Firestone Trail and the maintenance thereof shall be as stated in the FOP and the Development Agreement that will be entered into with the Town at the time of the first final plat. 21. Add a Land Use section and list the uses from Neighborhood Commercial section of the Development Regulations that will not be permitted in the development. Create a land use table in this section. 22. Add a statement to the Land Use section that an FOP shall be required for each site. 23. In the Architecture section, attribute the intent statements to the PDP in addition to the CCRs. 24. Correct the Service Requirements section as follows: Gas provider is Kinder Morgan, and confirm that the Fire protection is Frederick Firestone Fire Protection District and clarify why it is noted as Mountain View Fire Protection District on the included tax statement. 25. Open Space acreage numbers on the plan view do not appear to match the Table. Include a category for the oil/gas well setback acreage. 26. Remove the limits of construction information from all sheets. 27. Provide an indication of the fronts and sides of each lot. 28. Add a note stating that access from First Street may be authorized provided it meets technical criteria and the building backs onto First Street. 29. Add a statement to the PDP text that the FOP shall provide for more than one private access connection from the Safeway Subdivision, in locations acceptable to the Town Engineer. PceliminaQ' JJtiliQ' Plans and Technical Dnr11ments 30. Modif;t documents pursuant to comments from the Town Engineer. I 2/12103 12:27 PM [sjl) ~:\Company\f'lrestone\Subdivisions\rrrestontRctailCcntm'rdims.TB.rcs.doc · RESOLUTION NO. 03-t../.S- A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR BLUESTEM PLAZA WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for Bluestem Plaz.a; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1 The Board of Trustees of the Town of Firestone does hereby approve the final development plan for Bluestem Plaz.a, subject to the conditions set forth on Exlnbit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this //-..J-1, day of LJ.tC'f m Oir , 2003. ~- Michael P. Simone Mayor Application Notebook EXHIBIT A · Final Development Plan Conditions of Approval Bluestem Plaza 1. Provide updated Tax Statement. Final Development Plan 2. In the Project Concept section, use the correct lot size. 3. Delete the last sentence in the Regional Impacts section. 4. In the Utilities and Service Requirements section, reference inclusion into the St. Vrain Sanitation District. 5. In the Building Setback section identify the source of the noted "setback requirements." 6. Confirm that both Mountain View and Frederick Firestone Fire Protection Districts will accept a potential minimum of 20-foot building separation ( assuming the building on Lot 2 is also setback 10-feet from its western property line). In addition to such acceptance, the separation requirements in applicable building, fire and other technical codes must be met or variances obtained. No such variances are authorized by this approval. 7. Reference the common access and utility easements across the property and Firestone Center. 8. In the Sign Program section, note the maximum sign size for each front fai;:ade and show examples of such conforming signs on the building elevations. Also, identify the type of sign lighting, if any. Such sign information shall be subject to final approval from the Town Planner to assure consistency with the stated intent of a high quality development. 9. In the Sign Program section, note additional signs such as directional signs or any planned signs for other areas of the building or site. Note the type, size and lighting for each. Such sign information shall be subject to final approval from the Town Planner to assure consistency with the stated intent of a high quality development. 10. In the Land Use, Zoning and Density section, specifically list those regional commercial uses from the Development Regulations that will not be permitted in Bluestem Plaza, such as hotels, etc. Such list shall be subject to review and approval by the Town Planner. 2 I 1. In the Land Use, Zoning and Density section, specifically note if any of the users will be pennitted to have outdoor seating Such list shall be subject to review and approval by the Town Planner. 12. Add a Parking section to Sheet I and move the parking calculation information from Sheet 2 to this new section. Also, add a note that the handicap parking space calculations and parking stall size meets the requirements of ADA ifin fact they do. If they do not amend the plan to assure such compliance and then add the note. 13. In the CBT requirements section, delete the second sentence. 14. In the CBT requirements section, the landscape area calculations should match the area noted on Sheet 2. 15. Add a note to the CBT requirements section stating that water rights dedication requirements for Lots within the Subdivision must be satisfied prior to the issuance of the first of any final development plan, building permit or water tap for such Lot. Add to such note additional language tracking the water rights dedication obligations of the Subdivision Agreement. 16. Adjust the CBT requirements section to conform to comments from the Town Engineer. 17. Dimension the buildings, units, typical parking spaces, drive isles, etc on Sheets 2 and the unit spaces on Sheet 5. 18. Consider rotating the project entry sign to an east-west orientation. I 9. Provide manufacture information regarding the Site Light detail, as this detail may set the tone or be the detail for the rest of the Firestone Center development. 20. Reference that the screening fence to the north will be constructed pursuant to the detail approved for Firestone Center FOP. 21. Confirm that there is adequate parking lot lighting within the site. 22. Show a detail for trash container screening facility; the facility shall be of the same materials as the main building. 23. Add specific color and material notations to the elevations, consistent with the colors and materials board submitted at the Town Board public hearing. 24. Note that the landscaping along the northern tract shall be consistent with the approved Firestone Center FOP. 25. Consider replacing the southern Pinus Nigra with a deciduous tree to avoid persistent winter ice in the shadow zone. Revise pine tree sizes as installed to minimum seven feet along street and revise deciduous tree size to minimum 15 feet throughout for placements indicated on plan. 26. Confirm that the sod is a typical bluegrass mix. 27. Consider adding additional plant material in planted areas in front of the building. 28. Identify any exterior building mounted lighting. Such lighting shall be subject to approval of the Town Planner. 29. Show striping patterns for noted "drive-up" window to assure positive circulation and to assure avoidance of car and building rear door conflicts. Such information is subject to approval by the Town Engineer and Town Planner. 30. Show surface paving and note materials, which shall be subject to Town Engineer review and approval. 31. Modify documents pursuant to any comments from the Town Engineer. 32. Modify documents pursuant to comments from the Town Attorney. Development Agreement 33. Execute a Development Agreement as prepared by the Town Attorney. Additional Conditions 34. Add a note that if any outdoor speakers are utilized, they shall be designed so as not to be audible from neighboring properties. 35. Add to the FOP a list of specific 111Ulllllum parking ratios for various categories of businesses. Such list shall be consistent with current industry standards and shall be subject to final review and approval by the Town Planner. Uses may not exceed available parking based on the listed ratios. 36. Specify the number of drive-up windows on the plan, as presented at the Town Board public hearing. 1'1/11ftl312:26PM(~l]F:\Cooip:lny\f'~1Bnsdoc(pac:ktl) 4 RESOLUTION NO. 03-46 A RESOLUTION ADOPTING A PERMANENT SALARY RANGE TABLE FOR THE TOWN OF FIRESTONE. WHEREAS, the Board of Trustees finds and determines that it is in the best interests of the Town and its employees to adopt a Permanent Salary Range Table; and WHEREAS, it is the policy of the Town of Firestone to pay its employees at the prevailing rates paid for similar work by the employers with whom we compete for quality staff, if financially able, based on the average rates of the comparable regional public employers and Firestone-area private employers; and WHEREAS, the Board of Trustees desires to adopt the Permanent Salary Range Table as provided herein. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby adopts the Town of Firestone Permanent Salary Range Table as attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 11 th day of December, 2003. fl~'~"' J; uyHego/9 d cJ own Clei'k Michael P. Simone Mayor Salary Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PSPC Town of Firestone, Colorado Permanent Salary Range Table Minimum Midpoint $10,712 $13,390 $10,980 $13,725 $11,254 $14,068 $11,536 $14,420 $11,824 $14,780 $12,120 $15,150 $12,423 $15,528 $12,733 $15,917 $13,052 · $16,314 $13,378 $16,722 $13,712 $17,140 $14,055 $17,569 $14,406 $18,008 $14,767 $18,458 $15,136 $18,920 $15,514 $19,393 $15,902 $19,878 $16,300 $20,374 $16,707 $20,884 $17,125 $21,406 $17,553 $21,941 $17,992 $22,490 $18,441 $23,052 $18,903 $23,628 $19,375 $24,219 $19,859 $24,824 $20,356 $25,445 $20,865 $26,081 $21,386 $26,733 $21,921 $27,401 $22,469 $28,086 $23,031 $28,789 $23,607 $29,508 $24,197 $30,246 $24,802 $31,002 $25,422 $31,777 $26,057 $32,572 $26,709 $33,386 $27,376 $34,221 $28,061 $35,076 $28,762 $35,953 $29,481 $36,852 $30,219 $37,773 $30,974 $38,717 $31,748 $39,685 ~hilii+ii:ih~ 2.50% Maximum $16,068 $16,470 $16,881 $17,303 $17,736 $18,179 $18,634 $19,100 $19,577 $20,067 $20,568 $21,083 $21,610 $22,150 $22,704 $23,271 $23,853 $24,449 $25,061 $25,687 $26,329 $26,988 $27,662 $28,354 S29,063 $29,789 $30,534 $31,297 $32,080 $32,882 $33,704 $34,546 $35,410 $36,295 $37,203 $38,133 $39,086 $40,063 $41,065 $42,091 $43,144 $44,222 $45,328 $46,461 $47,622 1 of 1 14 Salary Minimum Midpoint Range 46 $32,542 $40,678 47 $33,356 $41,694 48 $34,189 $42,737 49 $35,044 $43,805 50 $35,920 $44,900 51 $36,818 $46,023 52 $37,739 $47,173 53 $38,682 $48,353 54 $39,649 $49,562 55 $40,641 $50,801 56 $41,657 $52,071 57 $42,698 $53,372 58 $43,765 $54,707 59 $44,860 $56,074 60 $45,981 $57,476 61 $47,131 $58,913 62 $48,309 $60,386 63 $49,517 $61,896 64 $50,754 $63,443 65 $52,023 $65,029 66 $53,324 $66,655 67 $54,657 $68,321 68 $56,023 $70,029 69 $57,424 $71,780 70 $58,860 $73,574 71 $60,331 $75,414 72 $61,839 $77,299 73 $63,385 $79,232 74 $64,970 $81,212 75 $66,594 $83,243 76 $68,259 • $85,324 77 $69,966 $87,457 78 $71,715 $89,643 79 $73,508 $91,884 80 $75,345 $94,182 81 $77,229 $96,536 82 $79,160 $98,950 83 $81,139 $101,423 84 $83,167 $103,959 85 $85,246 $106,558 86 $87,377 $109,222 87 $89,562 $111,952 88 $91,801 $114,751 89 $94,096 $117,620 90 $96,448 $120,560 ~ ,fi:HiHfr~ 50.00% Maximum $48,813 $50,033 $51,284 $52,566 $53,880 $55,227 $56,608 $58,023 $59,474 $60,961 $62,485 $64,047 $65,648 $67,289 $68,972 $70,696 $72,463 $74,275 $76,132 $78,035 $79,986 $81,985 $84,035 $86,136 $88,289 $90,497 $92,759 $95,078 $97,455 $99,891 $102,389 $104,948 $107,572 $110,261 $113,018 $115,843 $118,739 $121,708 $124,751 $127,869 $131,066 $134,343 $137,701 $141,144 $144,672 12/2/2003 RESOLUTION NO. 0 3 -4 7 TOWN OF FIRESTONE, COLORADO RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004 AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Board of Trustees of the Town of Firestone has directed Cheri Andersen, Town Administrator, to prepare and submit a proposed budget to said governing body at the proper time, and; WHEREAS, Cheri Andersen, Town Administrator, has submitted a proposed budget to this governing body on December 11, 2003 for its consideration, and; WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget, and; WHEREAS, IN ACCORDANCE WITH THE AMENDMENT ("Amendment 1") adding Article X, Section 20 to the Colorado Constitution, approved by the voters on November 3, 1992, and "Amendment One Emergency Reserve" is included in the budget in a total amount estimated to equal three percent (3%) of the Town's fiscal year spending excluding bonded service, the final amount to be calculated during 2003 when necessary final information is available to the Town, and; WHEREAS, whatever increases may have been made in expenditures, like increases were added to the revenues, keeping both within the revenue and spending limitations required by Article X, Section 20 (Amendment 1"), so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this resolution, be, and the same hereby is approved and adopted as the budget of the Town of Firestone for the year stated above. Section 2. That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. ADOPTED THIS ELEVENTH DAY OF DECEMBER 2003 . ..... •·;ow;····· .. l ·· .. E~EAL • J.TEST ___ / , L,u' tJ C -z,,( d~dy Hegwi9@, Towngl rk By:_....:__..te.... ________ _ Michael Simone, Mayor RESOLUTION NO. 03-48 TOWN OF FIRESTONE, COLORADO AN RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2004 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 11, 2003, and; WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to total proposed expenditures as set forth in said budget, and; WHEREAS, it is required by law, but also necessary to appropriate the revenues provided i[l the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, for the purposes stated: General Fund Total General Fund Park Fund Total Park Fund Conservation Trust Fund Total Conservation Trust Fund Street and Highway Fund Total Street and Highway Fund Water Fund Total Water Fund Capital Improvement Fund Total Capital Improvement Fund Impact Fund Total Impact Fund Debt Service Fund Total Debt Service Fund $2,995.884 $1,406.677 $2,720.142 $4,576.449 $2,371.042 809,574 $66,558 INTRODUCED, READ, arid ADOPTED THIS ELEVENTH DAY Q DECEMBER, 2003. ..-···~·;~·N······ .... ( EA1. £. i\ l, ·: .. EST / ~ By:~ Michael Simone, Mayor RESOLUTION NO. 03-49 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE 2003 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2004 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Firestone on December 11, 2003 adopted the annual budget for the 2004 budget year in accordance with the Local Government Budget Law; and WHEREAS, a general property tax mill levy is necessary to defray the general expenses of Town government for the 2004 budget year; and WHEREAS, due to the approval of ballot issue 2A on November 3, 1998, the Town of Firestone issued general obligation bonded debt in 1999 for the purpose of constructing a new town hall; WHEREAS, the amount of money necessary for the debt service payment due in 2004 on the approved general obligation bond is $66,558.00; and WHEREAS, the 2003 valuation for assessment for the Town of Firestone as certified by the County Assessor is $54,688,970.00; and WHEREAS, the Board of Trustees must certify the mill levies for the 2004 budget year by December 15, 2003, and by this Resolution desires to so certify its general mill levy and bonded debt mill levy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: SECTION 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 2004 budget year, there is hereby levied a tax of 6.209 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2003. SECTION 2. That for the purpose of meeting payments for bonded indebtedness of the Town of Firestone during the 2004 budget year, there is hereby levied a tax of 1.210 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2003. SECTION 3. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levy for the Town of Firestone as herein above determined and set. INTRODUCED, READ, and ADOPTED this 114'-1 day of DP CJ rn tu r 2003. 12/8103 12:20 PM{sjlJF:\Oflioc\Fucstone\Resohnian\Mill Levy Resolution 2 0yt Michael P. Simone Mayor December 12, 2003 Firestone A Community In Motion Weld County Commissioners .P.O. Box 758 Greeley, CO 80632 RE: Certification of Tax Levies for Non-School Governments. (form DLG 70) Dear Weld County Commissioners: These Mill Levies were adopted on December 11, 2003. A copy of the certification of mill levies is enclosed. I hereby certify that the enclosed is a true and accurate copy of the certification of tax levies sent to the Weld County Assessors office. ;/ ' ,,-.. . r:f. Officer i, di t}_c.._'j L-L-~"' -{#yL. H · ood c/ Town Clerk 151 Grant Ave. • P.O. Box I 00 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 RESOLUTIONNO. 03-50 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SABLE GLEN ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Sable Glen Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. · NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. Section 3. in the petition. No election is required under § 31-12-107(2), C.R.S. No additional terms and conditions are to be imposed except any provided for Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, January 22. 2004. at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. Section 8. Resolution No.03:J'Z is hereby repealed. ' ' +1 0 INTRODUCED, READ, and ADOPTED this L day of e Ceo, lli r .,,..-~~\J\IN ··• ..... . : •. .._A~N:' ..- ·.• ..· ·-.... . ... • ~oQ Michael P. Simone Mayor 12/1 J/2003 7:42 AM [kkh) F:\Company\Firfflone\Anneution\SahltGlcnSubstantialComp.rcs(l).doc 2 - , 2003. EXHIBIT A LEGAL DESCRIPTION SABLE GLEN ANNEXATION KNOWN ALL MEN BY THESE PRESENTS, THAT I, ISAAC MORAD! BEING THE SOLE OWNER AND PROPRIETOR OF THE FOLLOWING DESCRIBE LAND, TO WiT: A PARCEL OF LAND LOCATED IN THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 TO BEAR SOUTH 89°30'56" EAST; THENCE SOUTH 89°30'56" EAST, ALONG SAID SOUTH LINE A DISTANCE OF 1331.43 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12; THENCE NORTH 00°07'45" WEST, ALONG THE EAST LINE OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12, A DISTANCE OF 1246.62 FEET TO THE SOUTHEAST CORNER OF OUTLOT "G", BOOTH FARMS, SECOND FILING RECORDED AT RECEPTION NO. 2909675 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, SAID CORNER IS MONUMENTED WITH A 112" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE NORTH 89°44'46" WEST, A DISTANCE OF 400.00 FEET TO THE SOUTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED WITH A 112" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE NORTH 00°07'45" WEST, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED WITH A 112" REBAR & PLASTIC GAP, STAMPED "LS 23513", SAID CORNER IS ALSO A POINT ON THE NORTH LINE OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12; THENCE NORTH 89°44'46" WEST, ALONG SAID NORTH LINE A DISTANCE OF 928,01 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12; THENCE SOUTH 00°00'54" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTiON 12, A DISTANCE OF 1341.24 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1,746,999 SQUARE FEET OR 40.106 ACRES, MORE OR LESS. 3 • RESOLUTION NO. 04-_Q_/_ A RESOLUTION DENYING SPECIAL USE PERMITS FOR ENCANA ENERGY RESOURCES, INC., TO LOCATE THREE OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, EnCana Energy Resources, Inc. (hereinafter ''EnCana" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate within the Town three oil and gas wells refurred to as the proposed Wandell 14-7, Wandell 23-7, and Wandell 24-7 wells; and . WHEREAS, EnCana has submitted the applications and supporting materials pursuant to Chapters 15.48 and 17.32 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use have been reviewed by Town Staff and the Firestone Planning and Zoning Commission; and WHEREAS, pursuant to Chapters 15.48 and 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the special use applications, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record; and WHEREAS, by Resolution No. PC-03-21, the Planning and Zoning Commission recommended denial of the special use requests, and the Board of Trustees has duly considered the Commission's recommendation; and WHEREAS, the Board of Trustees on December 11, 2003 held a properly noticed public hearing on the application, at which the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record, including but· not limited to the applications submitted by the applicant; the applicant's written statement for the Board's meeting submitted on December 11, 2003; the Town planning staffs power point presentation and related staff report documents; copies of the COGCC approved applications for permits to drill for the wells; correspondence, statements and letters from the applicant and other parties (including but not limited to letters and statements from applicant's representatives and from citizens, a property owner's association and referral agencies) regarding the applications; and the proofs of publication and notice for the hearing on the application; and WHEREAS, based on the record and evidence before it, the Board of Trustees finds, for the reasons set forth below, that the application should be denied. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J Based on the testimony and other evidence presented at the hearing, the Board of Trustees hereby makes the following fuctual findings with respect to the application: I. . The application is for three new oil and las wells to be drilled in the southwest comer of Section 7, Township 2 North, Range 67 West of the 6 P.M. in the Town of Firestone. 2. The proposed wells are to be located within St. Vrain Ranch, a platted subdivision of the Town of Firestone that is currently undergoing build-out. Nwnerous homes have been constructed in the area, and several more are anticipated in the near future. The proposed wells are to be located on the same site as an existing well, with the new wells to be directionally drilled to their bottom hole locations. 3. Firestone Municipal Code ("F.M.C.") § 17.32.030 sets forth criteria applicable to all special use permits, and F.M.C. § 15.48.050 sets forth additional criteria applicable to special use permits to drill oil and gas wells within the Town. 4. Under the Town's special use criteria, the Board of Trustees must consider "will the proposed use be in hannony and compatible with the character of the surrounding neighborhood," F.M.C. § 17.32.030.A, and "will the proposed use be detrimental to the health, safety or welfure of current or future inhabitants of the Town," F.M.C. § 17.32.030.H. 5. At the public hearing before the Board of Trustees, representatives from EnCana testified that drilling the three wells would require several weeks of continuous operation of the drilling rig. 6. At the public hearing before the Board of Trustees, testimony was offered by residents who live in .the area surrounding the proposed well sites. These residents strongly object to the proposed well sites because of the impact the drilling and related operations would have on the character of the surrounding neighborhood. Specifically, residents of the surrounding neighborhood testified they object to the light and noise that would be generated during the drilling operations. Other resident testified that they are concerned that the application did not include adequate security and safety measures, and that children living in the neighborhood would be endangered. 7. At the public hearing before the Board of Trustees, conflicting testimony was offered as to whether the applications complied with applicable well location and setback rules. With regard to such setbacks, the Board of Trustees finds that (a) minimum setbacks allowed from surfuce property lines are proposed to be established at less than 150 feet, and the applications do not include written waivers from affected offset property owners; and (b) according to drilling rig layout maps and exlubit maps presented by the applicant and its driller, production tanks and associated on-site production equipment are proposed to be located closer than 350 from at least one occupied building, and the applications do not include written waivers from the person owning such building. Sr.ctiool concludes that: Based on the foregoing factual findings, the Board of Trustees hereby 2 concludes that: (a) The applicant has fuiled to demonstrate the wells to be drilled pursuant to the proposed special use permits are "in harmony and compatible with the character of the surrounding neighborhood." F.M.C. § 17.32.030.A. The surrounding neighborhood is comprised on existing or planned single-fumily residences. While such area was developed around the existing well, the placement of additional wells in the same location creates an undue concentration of facilities and equipment in the subdivision. (b) The applicant has fuiled to demonstrate that the site could be adequately secured to prevent neighborhood children from entering during drilling operation; therefore, the proposed drilling will be "detrimental to the health, safety or welfare of current or future inhabitants of the Town." See F.M.C. § 17.32.030.H. ( c) The applications do not include the written waivers noted in Section 7, above, and therefore fuil to comply with the F.M.C. The requirement for a written waiver from affected owners is intended to fucilitate the affected owner's input into land use determination of the precise location of the proposed wells. An application based on a waiver of the written waiver requirement itself is neither anticipated nor authorized by the applicable provisions of the F.M.C. ( d) The proposed setbacks, in the absence of written waivers from affected persons, are inconsistent with the purpose of F.M.C. Chapter 15.48 and detrimental to the health, safety and welfare of current or future inhabitants of the Town. Section 3 In accordance with the above findings and conclusions, the Firestone Board of Trustees hereby denies the special use permit applications by EnCana Energy Resources, Inc., to drill three oil and gas wells within the Town. A PASSED AND ADOPTED this >['-14, day of 2004. ... . .... TOWN"\ ' SEAL \ l .. .. Michael P. Simone Mayor Town Clerk l/5.04129PM{sjl]F:-o:mpany\F~Wdl:sJantl4.TowoBo:!rd.R:S(dcnial)doc 4 RESOLUTION NO. 0 :/ -();;J._ A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES. WHEREAS, Senate Bill 91-33 requires the Town Board to designate the public place or places for posting of notices of public meetings; and WHEREAS, such designation must be made at the first regularly scheduled meeting of the year; and WHEREAS, the Board of Trustees desires by this Resolution to designate the Town Hall as the place for posting of notices of meetings of the Board of Trustees pursuant to Section 24-6-402 (2) ©, C.R.S. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Pursuant to Section 24-6-402 (2) ©, C.R.S., notices of meetings of the Board of Trustees shall be posted in the entryway of Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, 80520. ?...µ, INTRODUCED, READ, AND PASSED this ____.Gl-_,____ __ day of January 2004. LORADO, .. -.... ·•·;o'l'I"' ······ ... s£~\., _..: .. ~w,~JJ yHed,Toerk RESOLUTION NO . .o.±03 A RESOLUTION FOR TOWN OF FIRESTONE SUPPORT OF A LEGACY TRAIL GRANT FOR TRAIL IMPROVEMENTS WHEREAS, it has been proposed that the Town of Firestone, together with the Town of Frederick, City of Dacono, and County of Weld, pursue a Legacy Trail Grant application for funds from the Upper Front Range Regional Transportation Enhancement Fund to help fund improvements to that portion of the Firestone Trail/Legacy Trail from Gateway Park south to First Street in Frederick; and WHEREAS, the Board of Trustees finds it is in the best interests of the Town and its citizens to support the grant application; and WHEREAS, the Board of Trustees by this resolution desires to commit funds to preparation of the grant application and, if the application is approved, to the required local match for the grant and the costs of other activities related to the project; and WHEREAS, the Town has budgeted and appropriated sufficient funds for the commitments set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Board of .Trustees hereby declares it support of a Legacy Trail Grant app1ication for funds from Upper Front Range Regional Transportation Enhancement Fund to help fund improvements to that portion of the Firestone Trail/Legacy Trail from Gateway Park south to First Street in Frederick, and the Town hereby contributes $1,575.00 to the costs of preparation of the grant application. Section 2 In the event that the grant application is approved, the Town hereby commits to making a contribution in the amount of $3,025 to help defray the costs of engineering design and construction plans for the grant project. Section 3 In the event that the grant application is approved, the Town hereby commits to making a contribution in the amount of$l3,619 as its local match of funds for completion of the grant project, subject to the requirement that other participating governments contribute local match funds as necessary to meet the local match funding requirements of the grant. INTRODUCED, READ, and ADOPTED this t!!2_ day of !)<1nU ~ , 2004. I ,COLORADO Mayor ~~%~ own Clerk 0I0S04/J 85Jl5jl]f:\Office\F"lfCSlonc\Resolutions\Lq;acyGnm (2004) 2 RESOLUTION NO. 04-..ai A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR SADDLEBACK PUD, FIRST FILING WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat and final development plan for Saddleback PUD, First Filing; and WHEREAS, all materials related to the proposed final subdivision plat and final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Connnission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Connnission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board ·of Trustees finds that the proposed final subdivision plat and final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the final subdivision plat and final development plan for Saddleback PUD, First Filing, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this g'#i day of:~~~~_, 2004. Michael P. Simone Mayor General EXHIBIT A Final Subdivision Plat & Final Development Plan Saddleback PUD Conditions of Approval I. The property needs to petition for inclusion into the Carbon Valley Recreation District and the Tri-Area Ambulance District. 2. Provide agricultural notes on both the plat and FDP. 3. Provide a sight distance easement on the lots with less than standard curve radii. 4. Right-of-way and the street section for Panorama Avenue at the Peakview intersection should extend through the intersection to the west before beginning to taper down to the standard 54' R.O.W. 5. Remove the raised median along Panorama Avenue to provide for left turns out of the lots that front that street. 6. If necessary, modify this filing to assure the alignment of Panorama Avenue as it proceeds westerly, so that the right-of-way will not be within 150 feet of the existing oil/gas well to the west. Any such modifications shall be approved by the Town Engineer and Town Planner. 7. Modify the grading plan so that the Town's criteria for Frontier Street right-of-way is met. 8. Provide graphic east-west sections that show the relationship of the lots along Frontier Street, with Frontier Street. 9. Provide graphic north-south sections that show how the fence on top of the berm will appear horizontally. I 0. Identify any additional retaining walls along Frontier Street that may be needed. 11. Confirm that the utility companies in the landscape strip along Frontier Street will not object to the potential retaining wall or the depth of the fill over their utilities. Also, provide written documentation acceptable to the Town that the utility companies agree to the landscaping shown to the FDP and that they will be responsible to replace any landscaping, retaining wall, or other public item if they damage them while using their easements. 2 12. Modify the building envelope for the lots along Frontier Street so that it will be consistent with achieving positive drainage away from the building. 13. Execute a Subdivider's Agreement prepared by the Town Attorney. 14. Modify plans pursuant to comments from the Town Engineer. FDP 15. Remove references to townhouses and assure that all the text relates to Filing I. 16. Provide details and set time limits on temporary signs. 17. Remove the reference to a "conceptual" sign detail and show the final sign detail, which shall be subject to review and approval by the Town Planner. 18. Submit color and material information on the rail fence detail, which shall be subject to review and approval by the Town Planner. 19. Move the ten-foot wide concrete walk away from the fence along lots 21, 22 and 23. 20. Provide for a stamped and colored concrete ten-foot trail crossing of Panorama Avenue. 21. Clearly identify the street sections that have vertical curb. 22. Provide specific location of all fencing types in the text and on the plan. 23. Clarify what type of fence will be permitted betwee_n lots. 24. Provide an overall sheet that shows the temporary crusher fines trail from Filing 1 to the Firestone Trail. Also, provide necessary easement documents for such connection, in the form required by the Town Attorney. 25. Provide calculations for public land dedication and how and when the Filing 1 deficit will be made up. 26. Confirm site distance adequacy and access locations to lots. that front Panorama. Also, identify potential conflicts with trees shown in the landscape plans for this area. 27. Modify the Architecture section to provide pragmatic standards for the Town's building and planning departments to use in evaluating a submittal for a building permit. 28. In the Architecture section, add a note that all homes shall have full depth basements, be of a minimum square footage, have a minimum building footprint, and a minimum of a two car garage. Also, add a statement that there will be no "mother-in-law" units. 29. In the Architecture section, provide specific percentage of stone, rock or brick and the location of such on each elevation at various locations throughout the subdivision. 30. Provide for "4-sided Architecture" along Pine Cone Street. 31. Provide for "4-sided Architecture" along Frontier Street for any visible buildings. 32. Provide a cross section to show proposed building elevations in relation to Frontier Street. 33. Further define "temporary marketing signage". 34. Ri:move reference to the eight-foot concrete trail on Sheet 9, as it relates to the east-west trail. 35. On the FDP map sheet provide distances for curved residential Jot lines. 36. In the Land Use Table state who is responsible for ownership and maintenance of any and all Outlots. Outlot A2. shall be dedicated to and maintained by the HOA, with a pedestrian access easement provided in favor of the general public. 37. Fix the labels on Sheet 6 where text appears to be cut off. 38. If the Saddleback Golf Course sign at Pine Cone and Frontier is going to stay it must be located out of the right-of-way and sign details must be submitted for review and approval · by the Town Engineer and Town Planner with this FDP. 39. Show any key utility boxes, vaults, etc. that are intended to be placed at the intersection of Pine Cone and Frontier or other location within the development and how they will be screened or camouflaged. Final Utility Plans 40. Modify plans pursuant to comments from the Town Engineer. Additional Conditions 41. Fix typographical errors. 42. Revise Note 1 on Page 9 to clarify that natural grass areas will be irrigated. 4 43. Sprinkler systems should be designed to operate at the appropriate water pressure, as determined by the Town Engineer. 44. Ensure vinyl fencing used is of a manufacturer that is easily obtained from multiple outlets. 45. Provide graphic example and material sample for subdivision identification signage noted on Page 18. 46. Eliminate use of wood light poles. Final light poles will need to be approved by the Town Planner and Town Engineer. 47. Use vinyl for the privacy fence with the same detail as the plan, and two-rail wood and stone fencing (post and dowel) for the perimeter along Pine Cone Avenue . . 48. Remove references to Weld County roads for Firestone Streets. 49. Note that the crusher fines trail to the Firestone Trail shall be completed as part of this FOP and show such trail on a separate plan sheet. 50. Remove the concept of"proposing" in the Private Maintenance and Enforcement section. 51. Modify final fencing details to as presented and approved by the Town Board at the public hearing. 52. Add a note that the major east-west trail shall be a minimum of IO feet in width. 53. Provide grade variation to the berm on the east edge of the property to provide a more "natural" looking appearance. 54. Clarify that cash-in-lieu shall be required for this First filing relative to public land dedication. 55. In the Parking section remove the reference to the "Design Review Committee". 56. Clarify that four-sided architecture will include similar elevations on all four sides as shown on the front elevation. 57. Note that temporary marketing signage must be within the PUD area and a permit obtained from the property owner and the Town. Set a maximum of3 marketing signs not to exceed the sizes shown on the FOP. Show the location of such signs on the same plan sheet as the plan showing the off-site trail. 5 58.-Fencing on top and along side the berm shall be located to the west of the ridgeline and shall maintain a straight top line (not level line). At no point shall the fence be less than four feet above ground level, and modify fence on top of berm detail to reflect same. 59. All fences shall be the vinyl privacy type presented at the public hearing, except front facing fences and those along Pinecone shall be of the rail type presented at the public hearing. "Front facing fences" are those parallel to the front home elevation. Provide revised detail sheets consistent with the foregoing. 60. Any two varying fence types that come together must transition by stepping down the solid fence. · 61. The obligations to install the Frontier Street northbound left turn lane and to relocate the gas valve set associated therewith may be deferred to a point beyond Filing 1 conditional acceptance, as identified in the subdivision agreement pursuant to terms approved by the Mayor, Town Administrator and Town Attorney. The subdivision agreement shall be recorded at or prior to the time of recordation of the final plat and FDP. 119/04 10:48 AM (SJL) F:\Company\Fircsume\Subdmsiom\Sadd1d,ackPUD.FDP.tb.l'C!l,doc 6 RESOLUTION NO. 04-05 A RESOLUTION DELEGATING TO THE TOWN CLERK THE AUTtiORITY AND RESPONSIBILITY TO APPOINT JUDGES OF ELECTION WHEREAS, on April 6, 2004 a regular municipal election will be held in the Town of Firestone; and WHEREAS, C.R.S. § 31-10-4-1 requires the Board of Trustees to appoint the judges of election, or to delegate to the Town Clerk the authority and responsibility to appoint election judges; and WHEREAS, the Board of Trustees has determined to delegate its authority and responsibility to appoint electior:i judges to the Town Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. §31-10-401, -the Board of Trustees of the Town of Firestone hereby delegates to the Town Clerk of the Town of Firestone the authority and responsibility to appoint judges of election for the election to be held on April 6, 2004. Section 2. All such appointments made by the Town Clerk shall be in accordance with the requirements for judges of election set forth in Part 4 of the Municipal Election Code, C.R.S. § 31-10-4~1. et seq. INTRODUCED, READ, AND ADOPTED this 22nd day of January,. 2004. ·~ dy oo ,::;:: TOWN OF FIRESTONE, COLORADO LAfa- Dennis Bertfon Mayor Pro-tern RESOLUTION NO. 04-06 A RESOLUTION APPROVING A FINAL SUBDNISION PLAT AND FINAL DEVELOPMENT PLAN FOR MOUNTAIN SHADOWS FILING NO. 2 WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat and final development plan for Mountain Shadows, Filing No. 2; and WHEREAS, all materials related to the proposed final subdivision plat and final development plan have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Fi~stone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed final subdivision plat and final development plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plat and final development plan for Mountain Shadows Filing No. 2 should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section ) . The Board of Trustees hereby approves the proposed Final Subdivision Plat and Final Development Plan for Mountain Shadows Filing No. 2, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. . ,.d PASSEDANDADOPTEDthis..2l dayof January ,2004. ATTEST: Dennis Bertron Mayor Pro-tern 2 EXHIBITA Final Subdivision Plat and Final Development Plan Conditions of Approval Mountain Shadows, Filing No. 2 Final Development Plan I. ID Project Concept section, clarify references to Shores annexation, or delete such reference. 2. Confirm ownership of Tract S. 3. In the Architectural Details, specify the minimum percentage of rock face or brick on each building. . 4. In the Arcbitectmal Details, specify the material types. 5. Identify a ten foot concrete trail across Tract N iri the Packs Trails and Open Space section. 6. In the fencing section, delete the last phrase in note three after the words "access trails." 7. Add to the Fencing plan sheet a site plan with required fence locations. 8. Add a note to the Landscape Plan that clarifies Tract N shall be intermittently irrigated. 9. In the Packs Trails and Open Space section, add a note that the ten foot trail in Tract N shall be laid out with smooth curves and shall be no closer than 4' to any property line. 10. Add to the Parks Trails and Open Space section the following language: "The Town Planner shall be contacted when all trails on public lands or HOA tracts are staked for construction, so that they can be approved by the Town Planner and Public Works director in the field." 11. Fix typographical errors throughout. 12. Modify document_ pursuant to comments.from Town Engineer. 13. Modify document pursuant to comments from Town Attorney. 3 Final Plat 14. Modify document pursuant to comments from Town Engineer. 15. Revise Note 1 to reflect the title commitment that will be issued to the Town. 16. Revise the Ownership and ·Dedication block to reference this "final" plat instead of "preliminary." 17. Revise the Ownership and Dedication block to specifically list all tracts to be dedicated to the Town. Final Utility Plans 18. Modify document pursuant to comments from Town Engineer. Subdividers Agreement 19. Execute a Subdividers Agreement as prepared by the Town Attorney. Additional Conditions 20. Clarify ambulance and fire protection service districts. 2 I. Provide four-sided architecture for corner lots and lots al:mtting park and open space areas. Such architecture may include the addition of bay windows and/or gables, architectural detailing in terms of color and materials, the addition of rock, brick or stone, and porches in the rear yards. 22. Provide a recent tax certificate and an updated title commitment. 23. Borgmann Land, LLC is listed as the owner and signatory on the FDP, but Best Buy Homes, LLC is shown on the Final Plat. Revise to reflect correct owner and signatory for each document. 24. Correct references to tracts on FDP and Final Plat so they are consistent between and throughout the documents. OI/JQ./'2004 11:39 AM [llhJ F:\Compa11y\F"ircstone\Subdivisions\MounwnShndowsF"ilina: 2F"mals.TB.res,doc 4 RESOLUTIONNO. Di-/-07 A RESOLUTION PLEDGING ADDITIONAL SUPPORT FOR A LEGACY TRAIL GRANT FOR TRAIL IMPROVEMENTS WHEREAS, by Resolution No. 04-03, adopted January 8, 2004, the Board of Trustees declared its support of a Legacy Trail Grant application for funds from Upper Front Range Regional Transportation Enhancement Fund to help fund improvements to that portion of the Firestone Trail/Legacy Trail from Gateway Park south to First Street in Frederick; and WHEREAS, since that time, it has been proposed that the grant project be expanded to include a pedestrian bridge connecting the Trail to First Street in Frederick; and WHEREAS, the Board of Trustees by this resolution desires to commit funds, if the grant application is approved, to the increased local match for the grant project, as expanded to include the Trail pedestrian bridge to First Street. WHEREAS, the Town has budgeted and appropriated sufficient funds for the commitment set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees hereby declares it support of the Legacy Trail Grant application for funds from Upper Front Range Regional Transportation Enhancement Fund to help fund improvements to that portion of the Firestone Trail/Legacy Trail from Gateway Park south to First Street in Frederick, including the expanded project scope to include a pedestrian bridge from the Trail to First Street in Frederick. Section 2 In the event that the grant application is approved, the Town hereby commits to making a contribution in the amount of $18,619 as its local match of funds for completion of the grant project, subject to the requirement that other participating governments contribute local match funds as necessary to meet the local match funding requirements of the grant. Such amount includes the $13,619 previously authorized by Resolution No. 04-03 and an additional $5,000 for the pedestrian bridge option. INTRODUCED, READ, and ADOPTED this~ day of Joo, 1 ac1, , 2004. 1 TOWN OF FIREST , OLORADO Michael P. Simone Mayor Attest: ~of#g~ Town Clerk 1/19/04 ◄;36 PM (sjl)f:\Offic:e\F"u-cstone~-2 (2004) 2 RESOLUTION NO. 04-~ A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SABLE GLEN ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Sable Glen Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. Section 3. in the petition. No election is required under§ 31-12-I07(2), C.R.S. No additional terms and conditions are to be imposed except any provided for Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, March 11. 2004, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property ifrequested in the petition. Section 8. Resolution No. 03-50 is hereby repealed. INTRODUCED, READ, and ADOPTED this 5th day of February, / .. •··Tow~·-... \ SEAL · .. EST: ./ .. .. ···•· ... • ~ ~ own Clerk L 1u11nooJ 7:42 AM (kkhJ F:\Company\Farcsronc\Anncxation\Sablc01cnSubstComp.res(2),doc 2 Mic· ael P. Simone Mayor EXHIBIT A LEGAL DESCRIPTION SABLE GLEN ANNEXATION KNOWN ALL MEN BY THESE PRESENTS, THAT I, ISAAC MORADI BEING THE SOLE OWNER AND PROPRIETOR OF THE FOLLOWING DESCRIBE LAND, TO WiT: A PARCEL OF LAND LOCATED IN THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 TO BEAR SOUTH 89°30'56" EAST; THENCE SOUTH 89°30'56" EAST, ALONG SAID SOUTH LINE A DISTANCE OF 1331.43 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12; THENCE NORTH 00°07'45" WEST, ALONG THE EAST LINE OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12, A DISTANCE OF 1246.62 FEET TO THE SOUTHEAST CORNER OF OUTLOT "G", BOOTH FARMS, SECOND FILING RECORDED AT RECEPTION NO. 2909675 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, SAID CORNER IS MONUMENTED WITH A 112" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE NORTH 89°44'46" WEST, A DISTANCE OF 400.00 FEET TO THE SOUTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED WITH A 112" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE NORTH 00°07'45" WEST, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED WITH A 112" REBAR & PLASTIC GAP, STAMPED "LS 23513", SAID CORNER IS ALSO A POINT ON THE NORTH LINE OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12; THENCE NORTH 89°44'46" WEST, ALONG SAID NORTH LINE A DISTANCE OF 928,01 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 12; THENCE SOUTH 00°00'54" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTiON 12, A DISTANCE OF 1341.24 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1,746,999 SQUARE FEET OR 40.106 ACRES, MORE OR LESS. 3 RESOLUTION NO. 0 '-/-09 SERIES 2004 A RESOLUTION SUPPORTING HOUSE BILL 04-1230 CONCERNING THE ELECTION OF SCHOOL DISTRICT DIRECTORS FROM DIRECTOR DISTRICTS. WHEREAS, the Board of Trustees finds that it is in the best interests of the Town and its electors that school district directors representing a director district be elected by the electors residing in the district rather than at-large; and WHEREAS, House Bill 04-1230, currently pending before the Colorado General Assembly, would amend state law to provide for such manner of election for school district directors representing a district; and WHEREAS, the Board of Trustees finds that it is appropriate to support the passage of House Bill 04-1230 as passage thereof would provide electors of the Town with a greater voice in the election of school district directors. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Firestone Board of Trustees does hereby express its support ofHouse Bill 04-1230 and urges its citizens to support this bill amending state law to provide for the election of school district directors by the electors residing in the director district. INTRODUCED, READ, and ADOPTED this / J.. day of H-btua,. '( ..I , 2004 . TOWN OF FIRESTONE, COLORADO ... ,.. .... toWilt Sf4t . '2/11/2004 6:11 PM [mJ1,J f:\Company\F"llllStonc\Resohrticm\HBl230.rcsohrtion.doc '· ' Michael P. Simone Mayor RESOLUTION NO. 04-lQ_ A RESOLUTION APPROVING SPECIAL USE PERMITS FOR ENCANA ENERGY RESOURCES, INC., TO LOCATE THREE OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE ) WHEREAS, EnCana Energy Resources, Inc. (hereinafter "EnCana" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate within the Town three oil and gas wells referred to as the proposed Neighbors 13-12, Neighbors 23-12 and Neighbors 24-12 wells,10 0lthe proposed locations of which are more particularly described in Exhibit A attached hereto; and WHEREAS, EnCana has submitted applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the requested special use permits have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits and has adopted its Resolution No. PC-04-04 forwarding to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permits, and has held a properly noticed public hearing on the applications, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permits for three oil and gas wells, referred to as the proposed Neighbors 13-12, Neighbors 23-12 and Neighbors 24-12, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sertino J The Board of Trustees does hereby approve the special use permit requests of EnCana Energy Resources, Inc. for location of the Neighbors 13-12, Neighbors 23-12 and Neighbors 24-12 wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: I. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with · Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. Complete evidence of any required waivers and variances shall be provided to the Town prior to the commencement of any work at the well site. 2 I 0. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 11. Water sources for drilling activities shall be from the Town.of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality no_ise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. Revise plans to conform to redline comments of the Town Engineer. 19. Add revision date(s) to all resubmitted plans. 20. The use of pump jacks shall be limited to those running on electric motors. 21. Applicant shall install temporary berms around the drilling area as necessary to assist in mitigating noise during drilling. 22. The drilling rig used for drilling operations shall be Model CAZA-54. 23. Pursuant to Section 15.48.040.A.2 of the Firestone Municipal Code, provide a map showing the location of layout including, without limitation, the position of the drilling equipment and related facilities and structures. 24. Pursuant to Section 15.48.040.C.4 and 6 of the Firestone Municipal Code, provide evidence that the proposed emergency response plan and fire protection plan are acceptable to the appropriate fire district. 25. Amend the application to acknowledge all permits that are required. 26. In any subsequent documents filed with the Town, use the Town street names in addition to the County road references in parenthesis. INTRODUCED, READ, AND ADOPTED this 2 ~~ day of k br&A..q r X , 2004. .-······;o.,,;~····,. .. \ SEAL . ··.•• . .... •··· ... ~ 2l'l6/04 4:55 PM{sjl) F:\Comp:lnfF~3 Neighbof, Weh TB,""-doc 4 TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor EXHIBIT A: Well Locations The approximate surface location of the Neighbors 13-12 Well is 1184 feet from the south line and 1456 feet from the west line of Section 12, Township 2 North, Range 68 West, 6th P.M., being located in the SE1/4SW1/4 of said Section 12. The approximate surface location of the Neighbors 23-12 Well is 1227 feet from the south line and 1499 feet from the west line of Section 12, Township 2 North, Range 68 West, 6th P.M., being located in the SE1/4SW1/4 of said Section I 2. The approximate surface location of the Neighbors 24-12 Well is 1205 feet from the south line and 1477 feet from the west line of Section 12, Township 2 North, Range 68 West, 6th P.M., being located in the SEI/4SWl/4 of said Section 12. 5 tweese@ci.firestone.co.us From: To: Sent: Subject: <jhegwood@ci.firestone.co.us> 'Tammy Weese" <tweese@ci.firestone.co.us> Wednesday, March 03, 2004 11 :14 AM Fw: Special Use Permits ----Original Message ---- From: <jhegwood@ci.firestone.co.us> To: "bruce nickerson" <bruce@nickersonco.com> Cc: "Cheri Andersen" <candersen@ci.firestone.co.us> Sent: Wednesday, March 03, 2004 11:00 AM Subject: Special Use Permits > Bruce, > > I have not had any paperwork given to me for some of the Special Use > Permits. Before they begin drilling, they are required to give me a > development agreement, cost agreement, and funds deposit with checks in the > amount of $1,000 for each well. > > Kerr McGee is the only one who submits this information. > > We currently have a Patina well located on the Golf Course that I have no > paperwork on except the Resolutions that were approved by the PC and the > BOT. Have they paid their fees? > > Thanks, >Judy > > > We need to make sure these other companies fill out the required paperwork > and get the "Notice to Proceed" before they drill. > > To receive a "Notice to Proceed" the oil & gas company must provide: > > 1. A copy of the approved Resolution > 2. A copy of the approved site plan >"3. A copy of the extra legal vehicle or load permit > 4. Copies of any necessary state or federal permits issued for the > operation > > > Page 1 of 1 3/3/2004 RESOLUTION NO. 04-11 A RESOLUTION APPROVING AND ADOPTING THE FIRESTONE POLICE DEPARTMENT CRIMINAL JUSTICE RECORDS POLICY AND PROCEDURES WHEREAS, state law, section 24-72-306(1), C.R.S., authorizes the governing body of a municipality to establish the amount of fees to be charged by a criminal justice agency for the search, retrieval, and copying of criminal justice records so long as the fees are reasonable and are not otherwise prescribed by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. There is hereby approved and adopted the Firestone Police Department Criminal Justice Records Policy and Procedures, a copy of which Policy as hereby approved shall be placed in the Office of the Court Clerk together with a certified copy of this Resolution. INTRODUCED, READ, and ADOPTED this 4th day of March, 2004. .. ··\~WN ······ ... ... \ r "<' I\ l, i::,;i...,r . . . \ s,t: ..... · .... J/3n004 J:43 PM (fllJ°b] F:\Company\FlfCStOne\Resolution\CriminalRecordsPolicy.res.doc ~.Simone Mayor Firestone Police Department Criminal Justice Records Policy and Procedures Pursuant to C.R.S. Section 24-72-303(1) of the Criminal Justice Records Act, C.R.S. § 24-72-30 I et. seq. ("Act"), it is the policy of the Police Department that criminal justice records shall be open for inspection at reasonable times, except as provided by the Act or other law. Pursuant to the Act, the following sets forth Police Department rules, regulations and polices that are reasonably necessary for the protection of criminal justice records, for the prevention of unnecessary interference with the regular discharge of the dµties of the custodian, and for enabling timely access to criminal justice records of the Police Department that are subject to disclosure under the Act. The Court Clerk is the official custodian of all criminal justice records and will process all requests for criminal justice records pursuant to the Act. A Criminal Justice Records Request form must be filed with the Court Clerk to initiate a request for criminal justice records under the Act. If the records requested are public records other than criminal justice records, the requestor must file a records request with Firestone Town Clerk. The Court Clerk will research and compile records from the Firestone Police Department and/or the Firestone Municipal Court in response to the request for criminal justice records. When the requested documents are compiled, the Court Clerk will notify the applicant of the completion of the request, the availability of the records, and the cost of service, including copying charges, any requested copies, and research or other fees. Records subject to nondisclosure by law or under the Act will be withheld from inspection as provided by the Act. The Police Department has three working days to process requests, and in extenuating circumstances, up to seven working days to respond to criminal justice records requests. Fees will be calculated for the cost of copies and staff research time in processing a criminal justice records request. Schedule of Fees In accordance with the standard requirements of the Act, there are hereby established reasonable and standardized fees for producing copies of criminal justice records, as follows: I. Photo copies 2. Telefaxed copies 3. Certified Copies Photo Copy Fees $ 1.00 per page (necessary research not to exceed fifteen minutes) $0.25 per page $1.25 per page $ 1.25 per page 4. Notary fee 5. Research fee $1.25 per page $15.00 per hour (time required in excess of fifteen minutes) $20.00 per hour (for exceptionally voluminous requests) Miscellaneous Fees I. Postage/Mailing fees 2. Photographs 3. Video Tape 4. Audio Tape time) Actual Cost applicable on mail requests $15.00 plus cost of copies $15.00 per tape $15.00 -$66.00* per tape (recorded in ¼ The fees set forth above ire subject to change without notice. Fees are to be paid at the time documents are made available for copying or inspection, except that the Court Clerk may require an advance deposit of research fees for research estimated to be in excess of two hours for complying with a request. Copying costs must be paid prior to the times copies are made and provided to the requestor. The above policy and procedures are adopted pursuant to C.R.S. Sections 24-72-303(1) and 24-72-306. Effective this __ day of _________ ~ 2004. Beverly Medina Court Clerk 313n004 10:32 AM [mjb) F:\Company\Firestone\Crimina!JultitcRecords.Poliey.doc David Montgomery Chief of Police RESOLUTION NO. __ _ A RESOLUTION APPROVING AND ADOPTING THE FIRESTONE POLICE DEPARTMENT CRIMINAL JUSTICE RECORDS POLICY AND PROCEDURES WHEREAS, state law, section 24-72-306(1 ), C.R.S., authorizes .the governing body of a municipality to establish the amount of fees to be charged by a criminal justice agency for the search, retrieval, and copying of criminal justice records so long as the fees are reasonable and are not otherwise prescribed by Jaw. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. There is hereby approved and adopted the Firestone Police Department Criminal Justice Records Policy and Procedures, a copy of which Policy as hereby approved shall be placed in the Office of the Court Clerk together with a certified copy of this Resolution. INTRODUCED, READ, and ADOPTED this __ day of ______ _, 2004. Attest: Judy Hegwood Town Clerk 31312004 J :43 PM ( mjb] F:\Company\Firestonc\Ruohnion\Crimina/RecordsPolicy.res.doc TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor RESOLUTION NO. 04-I ;)_ A RESOLUTION APPROVING SPECIAL USE PERMITS FOR KERR-McGEE ROCKY MOUNTAIN CORPORATION TO LOCATE THREE OIL AND GAS WELLS WITHJN THE TOWN OF FIRESTONE. WHEREAS, Kerr-McGee Rocky Mountain Corporation (hereinafter "Kerr-McGee" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use pennits to locate within the Town three oil and gas wells referred to as the proposed Teets #12-20A Well, the BLC #16-2A Well, and the BLC #8-2A Well, the proposed locations of which are more particularly described in Exhibit A attached hereto; and WHEREAS, Kerr-McGee has submitted applications and supporting materials pursuant to Chapter IS .48 of the Firestone Municipal Code; and WHEREAS, all materials related to the requested special use permits have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permits and has adopted its Resolution No. PC-04-03 forwarding to the Board of Trustees a recommendation of approval with conditions; and . WHEREAS, the Board of Trustees has duly considered the proposed special use permits, and has held a properly noticed public hearing on the applications, at which hearing the applicant and other interested· persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees finds that the proposed special use permits for three oil and gas wells, referred to as the proposed Teets #12-20A Well, the BLC #16-2A Well, and the BLC #8-2A Well, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the special use pennit requests of Kerr-McGee Rocky Mountain Corporation for location of the Teets #!2-20A Well, the BLC #16-2A Well, and the BLC #8-2A Well within the Town of Firestone, in the locations more particularly described in Exhibit A attached hereto, subject to the following conditions: I. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve ( 12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any• damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. Complete evidence of any required waivers and variances shall be provided to the Town prior to the commencement of any work at the well site. 2 I 0. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. Revise plans to conform to redline comments of the Town Engineer. 19. Add revision date(s) to all resubmitted plans. 20. The use of pump jacks shall be limited to those running on electric motors. 21. Applicant shall install temporary berms around the drilling area as necessary to assist in mitigating noise during drilling. 22. The drilling rig used for drilling operations shall be comparable to Model CAZA-54. 23. Pursuant to Section I 5.48.040.A.2 of the Firestone Municipal Code, provide a map showing the location of layout including, without limitation, the position of the drilling equipment and related facilities and structures. 24. Pursuant to Section 15.48.040.C.4 and 6 of the Firestone Municipal Code, provide evidence that the proposed emergency response plan and fire protection plan are acceptable to the appropriate fue district. 25. Amend the application to acknowledge all permits that are required. 26. Include index tabs in application notebook. 27. Ensure all appropriate agencies are on the emergency contact lists for each well. INTRODUCED, READ, AND ADOPTED this~ day offil A-((C.-H , 2004. ,...--~~~~ ·······• .•.• $~~\, ·. _.. .. · 311 IXM 12: 16 PMl!!i!J F:\Company\f"lfCSt(lnC\Subdii9om\Kcn-MtGce.2.wdls ('04).TB.rcs 4 TOWN OF FIRESTONE, COLORADO . aJ?: __ ~.1Simone Mayor EXHIBIT A: Well Locations The approximate surface location of the proposed BLC #!6-2A Well is 510 feet from the south line and I 052 from the east line of Section 2, Township 2 North, Range 68 West, 6th P.M., being located in the SEl/4SEl/4 of said Section 2. Such location is just east of Road 9-3/4, northwest of the intersection of Firestone Boulevard (Road 24) and Birch Street (Road 11) inside the Shores Annexation. The approximate surface location of the proposed BLC #8-2A Well is 2385 feet from the north line and 823 from the east line of Section 2, Township 2 North, Range 68 West, 6th P.M., being located in the SEl/4NEl/4 of said Section 2. Such location is just east of Road 9-3/4, northwest of the intersection of Firestone Boulevard (Road 24) and Birch Street (Road .11) inside the Shores Annexation. The approximate surface location of the proposed Teets #12A Well is 1119 feet from the south line and 918 from the west line of Section 20, Township 2 North, Range 67 West, 6th P.M., being located in the SWl/4SWl/4 of said Section 20. Such location is 1000' east of Frontier Street (Road 15) and 1000' north of Grant Avenue (Road 18) inside the Saddleback Hills Lake and Conservancy property. 'i RESOLUTION NO. 04-13 A RESOLUTION APPROVING AN OVERALL FINAL DEVELOPMENT PLAN AND FINAL SUBDIVISION PLAT FOR FIRESTONE RETAIL CENTER WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an overall final development plan and fmal subdivision plat for Firestone Retail Center; and WHEREAS, all materials related to the proposed overall final development plan and final subdivision plat have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the applications, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed overall fmal development plan and final subdivision plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed overall fmal development plan and final subdivision plat should be approved subject to certain conditions. NOW, TIIEREFORE, BE IT RESOLVED BY 1HE TOWN BOARD OF 1HE TOWN OF FIRESTONE, COLORADO: Section J. The Board of Trustees of the Town of Firestone does hereby approve the overall final development plan and final subdivision plat for Firestone Retail Center, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this / /-iv, day of 'tY)A-12 2004. ATTEST: Michael P. Simone Mayor 2 EXHIBIT A Overall Final Development Plan Final Subdivision Plat Firestone Retail Center General I. Fix typos. 2. Provide an updated Title report. 3. Provide an updated Tax Statement. 4. Modify documents consistent with comments from the Town Engineer. Final Plat 5. Create a table to identify Lots 1-7 and Tract A and the maintenance responsibility of each; tract maintenance responsibilities shall be as designated by the Town Engineer and Town Planner. Overall Final Development Plan 6. Move the Firestone Information Block to the lower right hand comer of the sheet as specified in the Firestone Development Regulations. 7. In the I.and Ilse Table, note tbe use as "Neighborhood Center" for all Lots and identify the use for Tract A as drainage and utilities. Also, remove the reference to "Phase 1 Development". Include a category for the oil/gas well setback acreage. Remove tbe "Non- Permitted Uses" section in the Land Use Table. 8. In tbe Project Concept ~ection, specify the limited scope of tbe Overall FDP is to construct access streets, private drives, initial landscaping and limited signage. It is also to work in conjunction with the platting of commercial lots. Replace the word "guidelines" with "standards". 9. Note in the Project Concept section that it is anticipated that some adjoining lots may be combined to create a larger lot suitable to certain retail uses. Development of such lots may require a subdivision replat, boundary adjustment or other additional approval, as required by Town ordinances. 10. In the Private Maintenance and Enforcement Section, fix the typo in the second sentence. Specify the maintenance responsibility of all landscaping. 11. Add a statement to tbe Private Maintenance and Enforcement section that clarifies that the ODP, PDP and the FDP will control all development in the Firestone Retail Center and that the CCRs will control from a private perspective provided they do not conflict with the FOP. 12. In th" Park Trails and Open Space section replace "development requirements of the Town of Firestone", with the "Subdivider's Agreement". 13. Add the following statements to the Parks, Trail and Open Space section: the developer of Firestone Retail Center shall be responsible for the construction of the 10-foot wide and the 7.5-foot wide concrete trail shown on the FOP on Town Firestone Trail property. The final alignment of these trails on Town property shall require approval in writing by the Town Planner prior to construction. 14. In th" Cantrals section add a note that a license agreement shall be required to cross the Firestone Trail. The applicant shall prepare a legal description for that portion that crosses the trail. Also provide necessary information required for a license agreement to landscape and construct the Firestone Trail and other trail as shown. 15. Modify the Cantrals section to state that the development of common areas and the noted portion of the Firestone Trail and the maintenance thereof shall be as stated in the FDP and the Development Agreement that will be entered into with the Town at the time of this Overall FOP. 16. In the Cantrals section remove "and the controlled via restrictive covenants". Note that until lots are sold that maintenance shall be the responsibility of Firestone Retail Center. Define the Owner and Developer as "Firestone Retail Center". 17. Correct the jltilities section as follows: Gas provider is Kinder Morgan, and confirm that the Fire protection is Frederick Firestone Fire Protection District. Add United Power as the electric provider. 18. In th" Packing section replace "final plats" with "FDPs". 19. Add a statement to thP. T .and I lses section that an FDP shall be required for each lot. 20. In thP. T .and T lses section, note that uses permitted in Lots 1-7 are only those specified in the Neighborhood Center Land Use Category as specified in the Firestone Development Regulations. Also, replace "will not be allowed" with "shall be prohibited" and replace "proposed sites" with "platted lots". 21. In thP. Develaproent Schedule section, note that the development of this Overall FOP shall be done concurrently with the construction of the first FDP for any Lot within the Firestone Retail Center. 22. In th" Sign Program section, specify the location, number, size, materials and light for signs to be included within this Overall FDP, which shall be subject to review and approval by the Town Planner. 4 23. In the, Sign Program section, if the reference for the Main Entryway Sign is to a similar size as the existing Safeway sign, then use similar dimensions. Confirm that the location of such sign does not cause a sight distance problem for pedestrians on the Firestone Trail; the final location shall be subject to approval of the Town Engineer for consistency with sight distance requirements. Note that in order to place the Main Entryway sign in the Firestone Trail a license agreement from the Town would need to be obtained. 24. In th" Architectme section replace "All easements, covenants and restrictions will require" with "This Overall FDP requires". Replace "each end user" with the "individual FDP for each lot". Replace "These covenants will also insure" with "This Overall FDP specifies". Delete the last phrase of this section that begins with "the developer will require ... " Clarify that all buildings on all lots shall have four-sided architecture. 25. In th" Setbacks section, replace "reviewed and approved" with "considered". Clarify what is the intent of the word "frontage". Specify building orientation. Also, rotate the drawing and add a north arrow. 26. Change "Final Development Plan" to "Overall Final Development Plan" in all locations that relate to this document. 27. Provide a detail for the section of the Firestone Trail that crosses the access drive. Design the detail to be the same size, color and materials as used across the Safeway access drive. 28. Provide a connecting sidewalk from the eastern terminus of the 7.5 east-west sidewalk to the sidewalk along First Street across the north end of Lot 2. 29. Provide an irrigation plan and note the calculated number of water shares available for the irrigated areas (including the private overall FDP areas and those portions of the Firestone Trail to be enhanced with landscaping installed as part of this overall FDP). The final water demand shall be subject to review and approval by the Town Engineer and included in the subdivision agreement. Show a connection to the Town's existing system for the system that is necessary for landscaped portions of the Firestone Trial being completed with this Overall FD P. 30. Confirm that the two pine trees to the south of the Service Road do not block the sign or do not ultimately have a shadow casing over the road surface. fa:liwiuacy Utilicy flans and Iecbuical Qacuweuts 31. Modify documents consistent with comments from the Town Engineer. Additiaual Cauditiaus 32. Provide copies of cross access easements for review by the Town Attorney. 5 33. If Lot 2 is developed with only one front access for the building, it cannot be oriented to the East. 34. Add legends to each sheet of the plans as appropriate. 3/l lJU4 6:53 PM [sj]) F:\Company\F"ITCSlO!lC\Sllbdivisions\F"ircuondldailCenterFDP.TB.rcs 6 RESOLUTION NO. 0 (l -I 4 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR THE STONERIDGE SUBDIVISION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat and final development plan for the Stoneridge subdivision; and WHEREAS, all materials related to the proposed final subdivision plat and final development plan have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed final subdivision plat and final development plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plat and final development plan for the Stoneridge subdivision should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1 The Board of Trustees hereby approves the proposed Final Subdivision Plat and Final Development Plan for the Stoneridge subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. --+"' . INTRODUCED, READ, AND ADOPTED this _I/_ day of 1'Y1 It (( Cfl. 2004. TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor General EXHIBIT A Final Subdivision Plat & Final Development Plan Conditions of Approval Stoneridge I. Fix spelling errors and typos in text. 2. The noted HOA shall be formed prior to plat recording. 3. A subdivider's agreement shall be executed as prepared by the Town Attorney. 4. On all the plats and FDPs, place the Vicinity Key Map just above the Firestone Information Block so it can be seen when folded. Final Plat 5. Prepare a Vicinity Map that is consistent with the Development Regulations (e.g. identify the scale of the drawing, etc.). 6. Create a Tract Table with the _categories: Maintenance Tract Acres Use Owner Resnonsibili•" 7. In addition to the Tracts already noted, show Tracts A, B, C, D and H as dedicated to the Town for park and right-of way purposes and which shall be maintained by the HOA. Show Tracts G, H, I, F and O as owned and maintained by the Town. Create a new Tract east of where Tracts G and Hjoin, so that there is Town owned and maintained property for the trail from Tract I to Buffalo Street. Such tract shall be as generally noted on Town Planner's redline comments. 8. Revise the Owner's Approval and Dedication to match the exact wording m the Development Regulations. 9. Any Tract to be dedicated to the Town must be identified specifically in the Owners Approval and Dedication section. 10. Modify documents to be consistent with redline comments from the Town Engineer. Final Development Plan 11. Create individual FDPs for each Filing. Remove reference to "Phases". 2 12. On all sheets, identify all Tracts. 13. Provide a final copy of the CCRs. Also, remove references to CCRs as "attachments" and draft documents. 14. Remove references to Development Regulations sections in the text headings. I 5. Modify the Project Concept section to remove reference to a "variety" of housing products, as the type of housing products permitted are limited to those approved in the FOP plans. 16. In the Land Use Table move the information in the notes section to the appropriate text section. 17. Modify the Land Use Table to clarify what Tracts and what percentage is specified as public land dedication. I 8. Create a tract around the oil/gas well area, including the access road, the limits of which tract shall be reviewed and approved by the Town Engineer and the Town Planner in writing. Add a note that ownership of such tract shall be transferred to the Town once the oil/gas well is plugged and abandoned. The foregoing provisions shall be further defined in the subdivision agreement. 19. Create a Tract Table with the following categories: Maintenance Tract Acres Use Owner Resnonsibilitv 20. Incorporate appropriate comments from the P. Plat. 21. In the Utilities and Service Requirements section, add additional information regarding the powerline along the southern property line. Note such information in the environmental section. 22. Add a note that confirms that all lots and streets are outside the oil/gas well 1 SO-foot line for existing and planned facilities. If lot or street locations must be revised for this purpose, such revisions shall be subject to review and approval by the Town Planner and Town Engineer. 23. In the Utilities and Service Requirements section, provide a statement relative to the purpose of each tract. 24. Provide elevations for all sides of all buildings. 25. Provide for minimum eaves as specified in the Town Code. 26. In the Architecture section provide specific references to: 1 • There shall be a minimum 25 percent rock, brick or stone on each and every elevation of homes where 4-sided architecture is required. • Where 4-sided architecture is not required, identify all homes as requiring a minimum 25 percent of rock, brick or stone. Identify materials on the elevations. • Provide for 4-sided architecture on elevations that front Sable, Birch and open space areas. • Specify a minimum floor area of 1,800SF for lots that are over 9,000SF, and 1,200SF for lots that are under 9,000 SF. • Remove reference to "conceptual" architectural details as this is an FOP. • Specify basements where technically feasible as determined by the Town Engineer. Provide for "crawl spaces" if basements are not feasible. • Assure that no similar housing models shall be next to each other. • Note that all homes shall have basements unless specifically listed as not feasible and such information is confirmed by the T. Engineer. 27. In the Architecture section remove non-pragmatic standards. Only specify standards that can be clearly interpreted by the Town building department. 28. In the Architecture section, put quotes around "stick built". 29. In the Fencing section, reference details and provide them for the fence type noted, consistent with the following: a. Fencing along Sable and Birch shall be 2-rail tan vinyl installed by the developer. b. Fencing along open space shall be 2-rail tan vinyl. c. Fencing along the back lot lines of the eastern and southern lots shall be 6-foot tan vinyl or 2-rail tan vinyl. d. Fencing in between lots shall be 6-foot privacy or 2-rail tan vinyl, with the noted taper required in all cases. e. Specify the timing of all fencing construction, both for the developer and the homeowner. f. Clarify construction responsibilities of developer and lot owners with respect to any other fencing shown ,on the plan and not otherwise addressed above. 30. In the Parks Trails and Open Space section, note that the trail going across Tracts F, I, 0, and N shall be I 0-feet wide in all cases. 4 31. In the Development Schedule section, note that license agreement(s) shall be required to construct improvements required for Tracts owned by the Town. 32. Remove the trail Tract J and K, as they are too long and narrow. 33. Assure the major 10-foot trail is at least 10-feet away from any residential lot line and specify such standard in the text. 34. Remove references to "proposed" park and trail improvements, as this is an FOP. 35. Remove references to "Overall" Landscape Plan. 36. Provide a grading plan as a separate sheet. 3 7. Provide all fencing plans and details on separate sheets. 38. Provide manufacturers details for all fencing, to be reviewed and approved by the Town Planner. 39. Confirm that in all cases that the noted fencing taper shall be required. 40. Utilize the gazebo detail utilized in Hart Park. Also, use the bench details from Hart Park. 41. Add a tot lot like the one installed at Settlers Park. 42. Remove the Tract and trail from Rosewood Ave. cul-de-sac. 43. Modify trail alignment pursuant to the Town Planner's redline. 44. Add a note that street lights shall be downcast. 45. Provide a detail for the colored concrete crossing areas; reference the size, color and materials at the Firestone Safeway. 46. Remove noted sports field. However, final grading of this area should contemplate such use. 47. Show trickle channels on the FOP. Provide for all detention pond trickle channels to be located at the edge of the pond to make the area the most usable as open space. 48. Keep trails at least 1 SO feet away from existing or proposed oil and gas wells. 49. Remove Sable Glen and Neighbors Point lot lines as such projects are not platted at this time. Confirm that the subdivisions to the south are recoded. If not remove them. SO. Confirm that the landscape plan is acceptable relative to flowlines. SI. Provide additional information regarding the relocation of the gas line in Sable A venue. :'i 52. Given the dedication of additional right-of-way for Sable and Birch, a license agreement, in addition to a sign permit, shall be obtained for the signs that are shown in such tracks. 53. Delete the trail in Tract Eon all plan sheets. 54. Coordinate the Town's typical detailing for security fencing with tan metal lathing around the oil and gas facilities as necessary. 55. Minimize the use of evergreen as the selected tree along Sable to minimize ice shadow zones. Use deciduous trees instead. 56. Add Key Map to Landscape Plan sheets. 57. Create a master fencing plan sheet that has all fencing information and details on it. 58. Add a note that the final trail alignment shall be as approved by the Town Planner and Public Works director in the field prior to construction. 59. Utilize stone columns (the same material as the signs) for the perimeter fence along Birch and Sable. Place columns at regular intervals. Provide stone samples at the Town Board hearing. 60. Add mail kiosks pursuant to the Development Regulations. 61. Specify that interior lots can provide either fencing, but that the noted taper shall be utilized as necessary. 62. Incorporate address plan into the FDP. Preliminacy UtiliQ' Plans and Tecl;ani¢al Reports 63. Modify consistent with Town Engineer's Redlines. 64. Coordinate preparation of Sable Avenue utility plans with area developers and Town Engineer. Snbdivider's Agreement 65. Execute a subdivider's agreement prepared by the Town Attorney. Additional Conditions 66. Add the Town's typical "agricultural note" to both the FDP and the Final Plat. 67. Staff and applicant shall meet with the neighbors prior to approval of drainage plans. 68. Clarify plans to specify that all open space and trail areas will be irrigated. 69. Clarify no detached garages will be constructed. 6 70. Remove "supplemental" language from architecture section. 71. Provide a minimum 20-foot tract between lots 7 and 8 to accommodate the raw water irrigation pipeline that serves the properties to the west. 72. Restrict the planting of trees above and adjacent to the raw water irrigation pipeline that traverses the property. J/l ln004 9:22 PM[5jl)\\2bcrvcr\company\Fircstone\Subdiv\Stoneridgc.FDP .FP. TB.res 7 RESOLUTION NO. 04-15 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SABLE GLEN ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Sable Glen Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and · WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: I. · It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104and31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. I f. No.land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. 1. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. J. The territory proposed to be annexed is 40.106 acres, more or less. k. A plan is in place, pursuant to Section 31-12-I0S(l)(e), C.R.S. I. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies ofan annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Section 31-12-107(2) or - 112, C.R.S. 2 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (I 00%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 11th day of March, 2004. 3 EXHIBIT A LEGAL DESCRIPTION SABLE GLEN ANNEXATION A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 TO BEAR SOUTH 89°30'56" EAST; THENCE SOUTH 89°30'56" EAST, ALONG SAID SOUTH LINE A DISTANCE OF 1331.43 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE NORTH 00°07'45" WEST, ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 1246.62 FEET TO THE SOUTHEAST CORNER OF OUTLOT "G", BOOTH FARMS, SECOND FILING RECORDED AT RECEPTION NO. 2909675 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE NORTH 89°44'46" WEST, A DISTANCE OF 400.00 FEET TO THE SOUTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE NORTH 00°07'45" WEST, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC GAP, STAMPED "LS 23513", SAID CORNER IS ALSO A POINT ON THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE NORTH 89°44'46" WEST, ALONG SAID NORTH LINE A DISTANCE OF 928,01 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE SOUTH 00°00'54" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 1341.24 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1,746,999 SQUARE FEET OR 40.106 ACRES, MORE OR LESS. J/16/04 11:29 AM [ljl) F:\Compm)".flreaone\Anne,c\Sablligibility n:11. 4 RESOLUTION NO. 04-16 A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR SABLE GLEN WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for Sable Glen; and WHEREAS, all materials related to the proposed preliminary subdivision plat and preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat and preliminary development plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat and preliminary development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Sedioo 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed preliminary subdivision plat and preliminary development plan for the Sable Glen, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 11th day of Marc .... . ... ~ 10\l-l~ ····· ... ':,~~\., \. ATTEST/ ··.... . ... •· Mayor EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Sable Glen I. Fix typo and grammar throughout all documents. 2. Modify all submitted documents pursuant to comments from the Town Engineer. 3. Modify all submitted documents pursuant to comments from the Town Attorney. Preliminary Plat 4. The title commitment identifies a deed of trust on the property. All lien holders are required to sign the annexation map and annexation petition. 5. There are several easements identified in the title commitment that are not shown on the map but need to be. 6. The annexation map references an easement/ROW vacation document that effects an old easement on the west property line. This document shall be submitted for Town staff review. It is not referenced in the title commitment. The applicant shall provide an opinion from the title company on the standing of this easement and the vacation document. 7. The Carbondale Street access to Sable is acceptable, provided there is no conflicting access to Sable from Neighbors Point. 8. The eastern Shenandoah cul-de-sac must have a bubble on the end that includes curb, gutter and sidewalk. 9. Extend Charles Street to the north property line. 10. Delete lots within Neighbors Point. 11. Prior to final plat approval, obtain approval of a subdivision plat to include the west half of lots 20 and 21 that extend beyond the limits of this property. Approval of this preliminary plat does not in any way constitute an approval of such subdivision plat. In the meantime, label these lots as "tracts" on the preliminary plat. Also, add a note that no building is permitted on any tract. Preliminary Development Plan General 2 12. Modify documents pursuant to pertinent conditions of the Preliminary Plat. 13. Modify the text and the map to have the eastern Shenandoah cul-de-sac must have a bubble on the end that includes curb, gutter and sidewalk. PDP Text 14. IS. 16. 17. Delete lots within Neighbors Point and make the portions of such lots in Sable Glen tracts. Add a note to the Project Concept section clarifying that such tracts will be proposed as lots for those tracts in the future at the time of FOP, if such action can be coordinated with the Neighbors Point development. Also, note that the new tracts shall be owned and maintained by the Owner. Modify the Land Use Table in the Land Use Summary Table section as shown below: Maximum Maximum Maximum Maximum Maximum Net Gross Potential Potential Potential Percent Residential Residential Number of Floor Floor Of Density Density Residential Area Area I 11nrt ·--r-~, orn•c nuiAC DUs A•tio SF R-A Residential 19.6 49% 4.4 2.3 86 na na OS Open Space 16.9 42% na Na na na na HOA HOA Tracls A. a. D. E. F & G 0.6 1% na Na 0 na na Subtotal R-A and OS 37.1 93% NC Neighbolhood Center (Lot 87) 1.5 4% 0.7 Na 1 0.2 13.068 ROW Right-of-Way (Sable Ave.) 1.5 4% To1al PDP 40.1 100% In the Utilities section describe any necessary utility line relocations. Modify the Architecture, Intent section and other sections as necessary to incorporate the following: ■ Specifically, residential architecture will be high quality and incorporate rock or brick as well as enhanced architectural detailing such as numerous roof pitches on the front elevations, basements where ground water limitations permits, a minimum building square footage, and "4 sided architecture" along Sable Avenue, comer lots and lots adjoining open space areas. 18. Add or modify or address the following text in the Architecture, Fencing section as: ■ ■ Privacy fences shall be a height of 6-feet. Specify a minimum height for privacy fencing and how transitions will occur between fencing heights. Rail fencing shall be 4-feet high (see detail sheet). Specify a minimum height for rail fencing and how transitions will occur between fencing heights. 1 • Internal lot line fencing shall be privacy or rail, as specified at the time ofFDP. 19. In the Architecture Fencing section, reference and provide a typical detail for a privacy fence and note that it will be further refined at the time of the first FDP. 20. Provide a detail for a vinyl privacy fence. 21. Specify basements where technically feasible as determined by the Town Engineer. Provide for "crawl spaces" if basements are not feasible. 22. Note that eaves shall be as specified in the Town Code. 23. Modify the PDP text to accommodate the following regarding, the existing driveway access restrictions onto Sable A venue for Lot 87. 24. The development needs to accommodate driveway access for this lot onto Charles Street. This driveway shall serve as the principle access for the residence. • • • Access from Sable Avenue shall not be permitted unless for commercial "events" . The Town should be notified at least 48 hours prior to the use of the access so that the Town can determine if any traffic control is needed based on the number of expected guests and the times in which access would be used for mass egress from the property. In the event of a conflict with higher traffic periods or if in the future there is record of conflicts or accidents resulting from the use of this access, the Town may require the applicant to provide for short-term.traffic control. The development plan needs to identify the available proposed parking capacity on Lot 87. 25. Provide the opportunity to extend the existing stucco wall along Charles Street. 26. Add a note that the access from Carbondale to Sable will not be permitted unless the currently planned access just to the west from Neighbors Point is deleted. 27. Add a note that street lights shall be downcast. PDP Map Sheets 28. Remove "lot lines" in Neighbors Point as no plat for that property is recorded at this time, such lot lines are inconsistent with the approved PDP and P. Plat for that area. 29. On the Landscape Plan cover sheet, add additional shrubs and trees to the irrigated native seed area along Sable. 4 30. Modify the location of proposed street lights pursuant to the Town Engineer's redline comments. 31. Remove note 3 on Sheet 9 regarding home delivery of mail. 32. Provide areas (square feet or acres) for Town and HOA irrigated areas. Traffic Study 33. Modify documents pursuant to comments from the Town Engineer. Preliroioary T Itility Plaas 34. Modify documents pursuant to comments from the Town Engineer. Geotecboical Report 35. Modify documents pursuant to comments from the Town Engineer. Additional Conditions 36. Prior to final plat approval, obtain approval of a subdivision plat to include the. west half of lots 20 and 21 that extend beyond the limits of this property. Approval of this preliminary plat does not in any way constitute an approval of such subdivision plat. In the meantime, label these lots as "tracts" on the preliminary plat. Also, add a note that not building is permitted on any tract. 3 7. Add a note to the PDP that overnight parking will not be allowed in connection with events at the event center. 38. Increase the size oflots along Sable. 39. Add detail to the PDP that shows location of homes and driveways on lots across Sable. 40. Clarify whether any fencing issues will be implicated by the sewer line easement for lots 38, 39, 44 and 45. 41. Shown the I 00-year flood inundation limits on the PDP map. 42. Note in the text that the two detention ponds and those portions of Tract C that are in the 100-year flood inundation limits and such remaining portions of Tract C up to an additional 4 acres shall be dedicated to the Town at the time of the first final plat. 43. Identify on the PDP map any jurisdictional wetlands. s 44. Identify on the PDP map a 10-wide concrete trail that runs north and south along Tract C. The alignment of such trail shall be reviewed and approved by the Town Planner and Town Engineer. 45. Eliminate duplicative street names as approved by the Town Engineer and Town Planner. 3/16104 11:30 AM [sj]J F:\Company\F'ircsione\Subdivisions'&bleGlcnPrdims.TB.rcs.doc ' 6 RESOLUTION NO. _a± / 7 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, FOR AN ANNEXATION KNOWN AS THE LANCE ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property, known as the Lance Annexation to the Town of Firestone, has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable Jaws of the State of Colorado. Section 2. Section 3. in the petition. No election is required under§ 31-12-107(2), C.R.S. No additional terms and conditions are to be imposed except any provided for Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, April 22, 2004, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, 1 and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property ifrequested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property ifrequested in the petition. INTRODUCED, READ, and ADOPTED this ! /'-}Ji day of 'fY)AeCI-/ , 2004. :t:k(one Mayor 3/11/04 2:20 PM\\2~irestonc\Annc.ill..4nccbstantiDIComp.rcs 2 EXHIBIT A LEGAL DESCRIPTION LANCE ANNEXATION A PARCEL OF LAND LOCATED IN SECTIONS I 0, 11, 14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6™ PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 11 BEARS S 00"29'39" WAND MONUMENTED AS FOLLOWS: -THE SOUTHWEST CORNER OF SAID SECTION ll BEING A 2 ½"ALUMINUM CAP IN RANGE BOX STAMPED GREEN HORNE & 0 'MARA INC., LS 28656, 1994. -THE WEST QUARTER CORNER OF SAID SECTION I I BEING A 3 ¼" ALUMINUM CAP IN RANGE BOX STAMPED COLORADO DEPARTMENT OF TRANSPORTATION, LS 24305, 1999. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 11; THENCE S 89°40'13" E ALONG THE SOUTH LINE OF SAID SOUTHWEST CORNER OF SECTION 11, A DISTANCE OF 49.43 FEET TO A POINT ON THE WESTERLY LINE OF FIRESTONE SIXTH ANNEXATION RECORDED AT RECEPTION NO. 2546405 IN BOOK 1604 AT PAGE 381 WELD COUNTY PUBLIC RECORDS SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S 01°33'06" W ALONG SAID WESTERLY LINE, A DISTANCE OF 30.01 FEET; THENCE N 89°40' 13" W ALONG A LINE 30 FEET SOUTH AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 11, A DISTANCE OF 48.58 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE N 89°42'45" W ALONG A LINE 30 FEET SOUTH AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 34.52 FEET; THENCE N 06°08'20" E, A DISTANCE OF 2711.32 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE N 05°43'25" E, A DISTANCE OF 1125.97 FEET; THENCE N 39°49'44" E, A DISTANCE OF 312.50 FEET TO THE SOUTHEASTERLY CORNER OF AN UNPLATTED PARCEL OF LAND RECORDED AT RECEPTION NO. 2365868 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID UNPLA TIED PARCEL OF LAND THE FOLLOWING TWO (2) COURSES: I. N 39°49'44" E, A DISTANCE OF 638.44 FEET; 2. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A LONG CHORD OF N 30°07'01" E, A DISTANCE OF 255.15 FEET, A RADIUS OF 756.18 FEET, A CENTRAL ANGLE OF 19"25'33" AND AN ARC LENGTH OF 256.38 FEET; THENCE N 02°06'31" W, A DISTANCE OF 372.32 FEET TO THE SOUTHWEST CORNER OF RAM LAND 3 ANNEXATION RECORDED AT RECEPTION NO. 2720551 WELD COUNTY PUBLIC RECORDS; THENCE S 89°48'04" E ALONG THE SOUTHERLY LINE OF SAID RAM LAND ANNEXATION, A DISTANCE OF 185.90 FEET TO THE NORTHEASTERLY CORNER OF PARCEL 13 REVISION 3 COLORADO DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2670924 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 13 REVISION 3 THE FOLLOWING SIX (6) COURSES: I. S 00°10'41" W, A DISTANCE OF 111.14 FEET; 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A LONG CHORD OF S 20°00'13"W, A DISTANCE OF 597.49 FEET, A RADIUS OF 880.85 FEET, A CENTRAL ANGLE OF 39°39'03" AND AN ARC LENGTH OF 609.58 FEET; 3. S 39°49'44" W, A DISTANCE OF 638.44 FEET; 4. ALONG THE ARC OF A CURVE TO THE LEFf HAVING A LONG CHORD OF S 23°24'42" W, A DISTANCE OF 504.54 FEET, A RADIUS OF 892.59 FEET, A CENTRAL ANGLE OF 32°50'03" AND AN ARC LENGTH OF 51 1.51 FEET; 5. S 04°21 '46" W, A DISTANCE OF 471.56 FEET; 6. S 06°59'41" W, A DISTANCE OF 148.84 FEET; THENCE S 06°59'49" W ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS PARC EL 15 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 3126093 WELD COUNTY PUBLIC RECORDS, A DISTANCE OF 201.46 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE S 07°00'16" W ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF TRANSPORTATION PARCEL NO. 17 RIGHT-OF-WAY RECORDED AT RECEPTION NO.2599113 WELD COUNTY PUBLIC RECORDS, A DISTANCE OF 661.49 FEET; THENCE ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO. 19 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2819771 WELD COUNTY PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES: I. S 07°00'16 W, A DISTANCE OF 399.35 FEET 2. S 33°51 '0 I" W, A DISTANCE OF 54.80 FEET; 3. S 06°58'48" W, A DISTANCE OF 60.74 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 8, EXEMPTION NO 1313-I 1-3RE 1717 RECORDED AT RECEPTION NO. 24472 I 8 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE NORTHERLY, EASTERLY AND SOUTHERLY LINES OF SAID LOT 8 THE FOLLOWING THREE (3) COURSES; I. S 89°33'44" E, A DISTANCE OF 632.08 FEET; 2. S 05°46'09" W, A DISTANCE OF 624.35 FEET; 3. N 86°43'09" W, A DISTANCE OF 642.51 FEET TO THE NORTHEASTERLY CORNER OF COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO. 23 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2722252 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO. 23 RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 4 I. S 07°00'16" W, A DISTANCE OF 119.14 FEET TO NON-TANGENT CURVE; 2. ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A LONG CHORD OF S 06°09'13" WA DISTANCE OF 482.61 FEET, HAVING A RADIUS OF 16252.26 FEET, AND A CENTRAL ANGLE OF 01°42'05" AND AN ARC LENGTH OF 482.63 FEET; 3. N 88°57'00" W, A DISTANCE OF 12.35 FEET; THENCE ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY RECORDED AT BOOK 1503, PAGE 581 WELD COUNTY PUBLIC RECORDS THE FOLLOWING TWO (2) COURSES: I. S 05°46'09" W, A DISTANCE OF 148.29 FEET; 2. S 00°29'39" W, A DISTANCE OF 141.89 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SABLE A VENUE (COUNTY ROAD 22) SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID FIRESTONE SIXTH ANNEXATION; THENCE SO I 0 33 '06" W ALONG SAID WESTERLY LINE OF FIRESTONE SIXTH ANNEXATION, A DISTANCE OF 30.00 FEET TO THE POlNT OF BEGlNNlNG. THE ABOVE DESCRIBED PARCEL CONTAINS 1,008,326 S.F OR 23.148 ACRES, MORE OR LESS. 5 RESOLUTION NO. 0 4~ Ii A RESOLUTION APPROVING AND ADOPTING AN UPDATED PUBLIC RECORDS POLICY AND PROCEDURES ST A TEMENT FOR THE TOWN WHEREAS, the Board of Trustees previously approved Resolution No. 96-10 concerning the inspection of public records; and WHEREAS, the Colorado Open Records Act authorizes the Town Clerk, as the Town's custodian of public records, to make rules with reference to the inspection of public records and to set fees related to public records requests; and WHEREAS, the Board desires to repeal Resolution No. 96-10, approve an updated Public Records Policy and Procedures statement, and confirm certain authorities granted to the custodian. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. There is hereby approved the attached Town of Firestone Public Records Policy and Procedures statement. A copy of such Policy as hereby approved shall be placed in the Office of the Town Clerk together with a certified copy of this Resolution. The Town Clerk, as the custodian of Town public records and as authorized by state law, may from time-to-time make and adopt revisions to such Policy, and the fees set forth therein, as deemed appropriate and in compliance with state law. A current copy of such Policy shall be maintained by the Town Clerk at all times. Section 2. Resolution No. 96-10 is hereby repealed. 'fl.. INTRODUCED, READ, and ADOPTED this ;2_5 day of -fYl arc/.... 2004. .. •·;~~~········ •.. s£-~\, ··: ttest: ! ·•.. ..·· Jfl2/04 12:00 PM (sjl) F;\Company\F"ircstonc\Resolutio11\PublicRecon:W>oiicy.rc,,doc TOWN OFF Michael P. Simone Mayor ,COLORADO Town of Firestone Public Records Policy and Procedures Pursuant to C.R.S. Section 24-72-203(1 )(a) of the Public Records Act, C.R.S. § 24-72- 101 et. seq. ("Act"), it is the policy of the Town that public records shall be open for inspection at reasonable times, except as provided by the Act or other law. Pursuant to the Act, the following sets forth Town rules, regulations and polices that are reasonably necessary for the protection of public records, for the prevention of unnecessary interference with the regular discharge of the duties of the custodian, and for enabling timely access to public records of the Town that are subject to disclosure under the Act. The Town Clerk is the official custodian of all public records and will process all requests for public records pursuant to the Act, with the following exception: I. The Firestone Police Department, through its Court Clerk, administers criminal justice records as defined by C.R.S. Section 24-72-302. The maintenance, inspection and dissemination of the criminal justice records shall be in accordance with state statutes and the policy and procedures promulgated by the Firestone Police Department. A Public Records Request form must be filed with the Town Clerk to initiate a request for public records under the Act. If the records requested are criminal justice records, the requestor must file a records request with the Firestone Police Department. Except for such records, the Town Clerk will research and compile records from various Town departments in response to the request for public records. When the requested documents are compiled, the Town Clerk will notify the applicant of the completion of the request, the availability of the records, and the cost of service, including copying charges for any requested copies and research or other fees. Records subject to nondisclosure by law or under the Act will be withheld from inspection as provided by the Act. The Town has three working days to process requests, and in extenuating circumstances, up to seven working days to respond to open records requests. Fees will be calculated for the cost of copies, maps, and staff research time in processing an open records request._Jf the estimated cost of copying exceeds $10.00, the Town Clerk will require the requestor to deposit the full amount of the estimate prior to fulfilling the request. The Town Clerk will return any amount of the deposit which is in excess of the actual charge, and shall collect any amount by which the actual charge exceeds the amount deposited. No copy shall be released until all amounts due have been paid. Schedule of Fees In accordance with the standard requirements of the Act, there are hereby established reasonable and standardized fees for producing copies of public records, as follows: I. Photo copies 2. Telefaxed copies 3. Certified Copies 4. Notary fee 5. Research fee Photo Copy Fees $1.00 per page (necessary research not to exceed fifteen minutes) $Q.25 13er 13age $1.25 per page $1.25 per page $1.25 per page $15.00 per hour (time required in excess of fifteen minutes) $20.00 per hour (for exceptionally voluminous requests estimated to take in excess of three hours of staff time) Fees for Copies of Maps The following fees are for reproduction of color, GIS, or other non-standard maps, which require use of a plotter or use of a large format copier: I. 8.5'. X 11" 2. ll"X 17'' 3. 18" X 24" 4. 24" X 36" 5. 36" X 58" I. Postage/Mailing fees 2. Photographs 3. Video Tape 4. Audio Tape $10.00 $13.00 $16.00 $20.00 $25.00 Miscellaneous Fees . Actual Cost applicable on mail requests $15.00 plus cost of copies $15.00 per tape $15.00 -$66.00* per tape (recorded in ¼ time) The fees set forth above are subject to change without notice. Fees are to be paid at the time documents are made available for copying or inspection, except that the Town Clerk may require an advance deposit of copying costs for copying estimated to be in excess of $10.00 and of research fees for research estimated to be in excess of two hours, for complying with a request. Copying costs and research fees must be paid prior to the times copies are made and provided to the requestor. The Town Clerk will return any amount of the deposit which is in excess of the actual charge. and shall collect any amount by which the actual charge exceeds the amount deposited. No copy shall be released until all amounts due have been paid. The above policy and procedures are adopted pursuant to C.R.S. Sections 24-72-203(1) and 24-72-205 . ..µ., Effective this J.S day of '--fY) CM... e,,C Cle~ aJerseo Cheri Andersen Town Administrator 3/22/04 12:00 PM [sjl) F;\Company\F"ircstonc\PublicRCCOf'dsPoticy.doc , 2004. Town Clerk RESOLUTION NO. OL{ -JO A RESOLUTION APPROVING AN AGREEMENT WITH TST, INC. CONSULTING ENGINEERS FOR DESIGN AND ENGINEERING SERVICES FOR FIRESTONE TRAIL IMPROVEMENTS WHEREAS, the Town of Firestone intends to undertake improvements to that portion of the Firestone Trail lying between Grant Avenue and Zinnia Avenue; and WHEREAS, an Agreement has been proposed between the Town and TST Inc. Consulting Engineers for design and engineering services related to such project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Agreement for Professional Engineering Services between the Town and TST, Inc. Consulting Engineers for design and engineering services for improvements to that portion of the Firestone Trail lying between Grant Avenue and Zinnia Avenue (Project No. 0668124) is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Secting 2, The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this L day ~f A \),R; I 2004. ·•···· ..... / 0 TOWN -..._ SEAL . ·.. ... •.. . ES.T.;••·,..- ~ µ t$ ~ ~ JHegw-00 own Clerk Jfl()/04 2:16 PM li;jlJ F:\OmCBFirt:SlOIIC\Rd,FmslOnCTrmlDesignContrarcs TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor RESOLUTION NO. 04-.)./ A RESOLUTION CONCERNJNG A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE LANCE ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as tbe Lance Annexation to the Town of Firestone, also known as Cowboy Corral, KIA, has been filed with tbe Board of Trustees oftbe Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: I. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the 1 landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. 1. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. J. The territory proposed to be annexed is comprised of 23 .148 acres, more or Jess. k. A plan is in place, pursuant to Section 31-12-l0S(l)(e), C.R.S. I. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies ofan annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensuing. 2 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Section 31-12-107(2) or- 112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this ).2. day of afJr i I /-~~~tl \ s~~\. ) .. EST: / ··... . .. •· :Jt~waoJJ J Hegw d Town Clerk 3 Michael P. Simone Mayor , 2004. EXHIBIT A -LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTIONS 10, 11,14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 11 BEARS S 00°29'39" W AND MONUMENTED AS FOLLOWS: -THE SOUTHWEST CORNER OF SAID SECTION I I BEING A 2 ½"ALUMINUM CAP IN RANGE BOX STAMPED GREENHORN£ & O'MARA INC., LS 28656, 1994. -THE WEST QUARTER CORNER OF SAID SECTION I I BEING A 3 ¼" ALUMINUM CAP IN RANGE BOX STAMPED COLORADO DEPARTMENT OF TRANSPORTATION, LS 24305, /999. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 11; THENCE S 89°40'13" E ALONG THE SOUTH LINE OF SAID SOUTHWEST CORNER OF SECTION 11, A DISTANCE OF 49.43 FEET TO A POINT ON THE WESTERLY LINE OF FIRESTONE SIXTH ANNEXATION RECORDED AT RECEPTION NO. 2546405 IN BOOK 1604 AT PAGE 381 WELD COUNTY PUBLIC RECORDS SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S 01 °33'06" W ALONG SAID WESTERLY LINE, A DISTANCE OF 30.01 FEET; THENCE N 89°40'13" W ALONG A LINE 30 FEET SOUTH AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 11, A DISTANCE OF 48.58 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE N 89°42'45" W ALONG A LINE 30 FEET SOUTH AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 34.52 FEET; THENCE N 06°08'20" E, A DISTANCE OF 2711.32 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE N 05°43'25" E, A DISTANCE OF 1125.97 FEET; THENCE N 39°49'44" E, A DISTANCE OF 312.50 FEET TO THE SOUTHEASTERLY CORNER OF AN UNPLA TIED PARCEL OF LAND RECORDED AT RECEPTION NO. 2365868 WELD 4 COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID UNPLA TIED PARCEL OF LAND THE FOLLOWING TWO (2) COURSES: l. N 39°49'44" E, A DISTANCE OF 638.44 FEET; 2. ALONG THE ARC OF A CURVE TO THE LEFT HA VINO A LONG CHORD OF N 30°07'01" E, A DISTANCE OF 255.15 FEET, A RADIUS OF 756.18 FEET, A CENTRAL ANGLE OF 19°25'33" AND AN ARC LENGTH OF 256.38 FEET; THENCE N 02°06'31" W, A DISTANCE OF 372.32 FEET TO THE SOUTHWEST CORNER OF RAM LAND ANNEXATION RECORDED AT RECEPTION NO. 2720551 WELD COUNTY PUBLIC RECORDS; THENCE S 89°48'04" E ALONG THE SOUTHERLY LINE OF SAID RAM LAND ANNEXATION, A DISTANCE OF 185.90 FEET TO THE NORTHEASTERLY CORNER OF PARCEL 13 REVISION 3 COLORADO DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2670924 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 13 REVISION 3 THE FOLLOWING SIX (6) COURSES: I. S 00°10'41" W, A DISTANCE OF 111.14 FEET; 2. ALONG THE ARC OF A CURVE TO THE RIGHT HA VINO A LONG CHORD OF S 20°00'13"W, A DISTANCE OF 597.49 FEET, A RADIUS OF 880.85 FEET, A CENTRAL ANGLE OF 39°39'03" AND AN ARC LENGTH OF 609.58 FEET; 3. S 39°49'44" W, A DISTANCE OF 638.44 FEET; 4. ALONG THE ARC OF A CURVE TO THE LEFT HA YING A LONG CHORD OF S 23°24'42" W, A DISTANCE OF 504.54 FEET, A RADIUS OF 892.59 FEET, A CENTRAL ANGLE OF 32°50'03" AND AN ARC LENGTH OF 511.51 FEET; 5. S 04°21 '46" W, A DISTANCE OF 471.56 FEET; 6. S 06°59' 41" W, A DISTANCE OF 148.84 FEET; THENCE S 06°59' 49" W ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS PARCEL 15 RIGHT-OF-WAYRECORDEDATRECEPTIONNO. 3126093 WELD COUNTY PUBLIC RECORDS, A DISTANCE OF 201.46 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE S 07°00' 16" W ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF TRANSPORTATION PARCEL NO. 17 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2599113 WELD COUNTY PUBLIC RECORDS, A DISTANCE OF 661.49 FEET; THENCE ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS 5 PARCEL NO. 19 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2819771 WELD COUNTY PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES: I. S 07°00'16 W, A DISTANCE OF 399.35 FEET 2. S 33°51 '0l" W, A DISTANCE OF 54.80 FEET; 3. S 06°58'48" W, A DISTANCE OF 60.74 FEET TO A POINT ON THE NORTHERLY LINE OF LOT B, EXEMPTION NO 1313-l l-3RE1717RECORDEDATRECEPTION NO. 2447218 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE NORTHERLY, EASTERLY AND SOUTHERLY LINES OF SAID LOT B THE FOLLOWING THREE (3) COURSES; I. S 89°33'44" E, A DISTANCE OF 632.08 FEET; 2. S 05°46'09" W, A DISTANCE OF 624.35 FEET; 3. N 86°43 '09" W, A DISTANCE OF 642.51 FEET TO THE NORTHEASTERLY CORNER OF COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO. 23 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2722252 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO. 23 RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: I. S 07°00'16" W, A DISTANCE OF 119.14 FEET TO NON-TANGENT CURVE; 2. ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A LONG CHORD OF S 06°09'13" WA DISTANCE OF 482.61 FEET, HAVING A RADIUS OF 16252.26 FEET, AND A CENTRAL ANGLE OF 01°42'05" AND AN ARC LENGTH OF 482.63 FEET; 3. N 88°57'00" W, A DISTANCE OF 12.35 FEET; THENCE ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY RECORDED AT BOOK 1503, PAGE 581 WELD COUNTY PUBLIC RECORDS THE FOLLOWING TWO (2) COURSES: I. S 05°46'09" W, A DISTANCE OF 148.29 FEET; 2. S 00°29'39" W, A DISTANCE OF 141.89 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SABLE AVENUE (COUNTY ROAD 22) SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID FIRESTONE SIXTH ANNEXATION; THENCE S 01°33'06" W ALONG SAID WESTERLY LINE OF FIRESTONE SIXTH ANNEXATION, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1,008,326 S.F OR 23.148 ACRES, MORE OR LESS. 04/22/2004 12:41 PH lkkhJ F:\Company\Firestone\Annex\Almo.res.doc 6 RESOLUTION NO. 04-,;J._().. A RESOLUTION APPROVING AN OVERALL FINAL DEVELOPMENT PLAN FOR COWBOY CORRAL, KIA. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an Overall Final Development Plan for signage at Cowboy Corral, KIA; and WHEREAS, all materials related to the proposed Overall Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Overall Final Development Plan, and has forwarded to the Board of Trustees a recommendation of approval of such plan with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Overall Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Overall Final Development Plan for signage at Cowboy Corral, KIA should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Overall Final Development Plan for signage at Cowboy Corral, KIA, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. ATTEST: .... TO~ .. SEAL ··........ . ....... l Michael P. Simone Mayor EXHIBIT A Overall Final Development Plan Conditions of Approval Cowboy Corral, KIA 1. Create a new site plan sheet docwnent titled "Overall Final Development Plan: and show the location of the new KIA sign and the associated sign detail. 04/22f2004 2:28 PM [kkh] F:\Company\F"ircstone~ OFDP.TB.rcs.doc 2 TOWN OF FIRESTONE, COUNTY OF WELD, STA TE OF COLORADO IN RE THE AMENDED AND RESTATED SERVICE PLAN FOR STONERIDGE METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 04-13. RESQLllIIQN OE A.e.eROYAL WHEREAS, pursuant to Resolution No. 04-19, adopted April 1, 2004, the Board of Trustees of the Town of Firestone approved a Service Plan for the Stoneridge Metropolitan District, located in the Town of Firestone, County of Weld, State of Colorado; and WHEREAS, the proponents of the District have been unable to obtain the consent required pursuant to Section 32-1-107, C.R.S. to enable the District to finance, construct, install, acquire or otherwise provide sanitary sewer improvements or services, as otherwise may be permitted by the Service Plan approved by Resolution No. 04-19; and WHEREAS, the proponents of the District have therefore requested Town approval of amendments to the District Service Plan to delete from the Service Plan the authority to finance, construct, install, acquire or otherwise provide sanitary sewer improvements or services; and WHEREAS, for such purpose the proponents have submitted an Amended and Restated Service Plan containing the amendments necessary to remove from the District's Service Plan the authority to finance, construct, install, acquire or otherwise provide sanitary sewer improvements or services; and WHEREAS, pursuant to the provisions of Title 32, Article I, Part 2, C.R.S. as amended, the Board of Trustees of Firestone, County of Weld, State of Colorado, held a public hearing on the proposed Amended and Restated Service Plan Stoneridge Metropolitan District on the 22nd day of April, 2004; and WHEREAS, the Board of Trustees has considered the proposed amendments and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the proposed Amended and Restated Service Plan should be approved by the Board of Trustees, subject to certain conditions set forth below. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1 Section I. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of Best Buy Homes Colorado, Inc., a Colorado corporation (the "Developer"), that all of the requirements of Title 32, Article I, Part 2, C.R.S., as amended, relating to the proposed amendments to the Stoneridge Metropolitan District Service Plan, as set forth in the Amended and Restated Service Plan dated April 16, 2004, have been fulfilled. Such amendments include amendments to the text of the Service Plan and to Exhibits E, I and N to the Service Plan to delete from such Service Plan the authority to finance, construct, install, acquire or otherwise provide sanitary sewer improvements or services. Section 2 That, based on representations by and on behalf of the Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the proposed amendments to Service Plan pursuant to Title 32, Article 1, Part 2, C.R.S., as amended. Section 3 That, pursuant to Section 32-1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Amended and Restated Service Plan for Stoneridge Metropolitan District, as set forth in Exhibit A to this Resolution and dated April 16, 2004, subject to the conditions stated in Section 4 below. Section 4 That, pursuant to Section 32-l-204.5(l)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Amended and Restated Service Plan for Stoneridge Metropolitan District: (a) Prior to the Mayor's execution of this Resolution, the District shall provide to the Town the fully and properly executed updated originals of the legal counsel letter (Exhibit I), the bond counsel letter (Exhibit J), and financing plan notes (Exhibit G). (b) The Amended and Restated Service Plan is and shall remain subject to all requirements and conditions of Resolution No. 04-19, which Resolution remains in full force and effect. This Resolution, together with Resolution No. 04-19, constitute the Board of Trustees' resolutions of approval for the service plan for the District. If any of the above-stated conditions are not met, the Mayor shall refuse to execute this Resolution. Further, if any of the above-stated conditions are not met, the Town may pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5 That this Resolution shall become effective only upon approval and execution by the Mayor in accordance with the provision hereof, and that a certified copy of this Resolution shall be filed in the records of the Town and submitted to the proponents of the District. 2 RESOLVED, ADOPTED AND APPROVED ihis 22nd day of April, 2004. ... .. TOWN SS~AL . . , ··.. ..· TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor 4(19/04 3:02 PM [ sjlJF:\Offiee\Firestonc\MetropolitanDisuict\S1oncridge\StoncridgeArncndmc:ntAppnw~lResolution 3 CERIIEICAIE I, Judy Hegwood, do hereby certify that the above and foregoing is a true, correct and complete copy of a resolution adopted by the Board of Trustees of the Town of Firestone, Colorado, at a public meeting held on the~ day of April, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Firestone, Colorado, this~ day of April, 2004 . ... TOWN ' SEAL , ··-. ' _./ ·•... ..--· 4 EXHIBIT A (Complete Copy of Amended and Restated Service Plan) . I . . ,., . 1/ I STONE.RIDGE METROPOLITAN DISTRICT SERVICE PLAN TOWN OF FIRESTONE, COLORADO SECOND SUBMITTALr. ~ :/i✓oif ~~ MARCH 30, 2004 I. II. ill. IV. TABLE OF CONTENTS Introduction .................................................................................... l Purpose of the Proposed District.. .......................................................... 4 Boundaries, Population & Valuation ....................................................... 5 Description of Proposed Facilities .................... .-..................................... 6 a. Type of Improvements ............................................................... 6 b. Description of Existing Conditions ................................................ 8 c. Anticipated Development ........................................................... 9 d. Public Improvement Schedule ...................................................... 9 e. Town Construction Standards ...................................................... 9 f. Limitation on Eminent Domain .................................................... IO g. Dedication oflmprovements to the Town ........................................ 10 h. Ownership and Operation of Facilities by the District. ......................... 12 1. Acquisition of Land for Public Improvements ................................... 12 J. Services to be Provided by other Governmental Entities ....................... 13 k. Integration ............................................................................. 13 V. Financial Information ......................................................................... 14 a. General. ................................................................................ 14 b. Debt Issuance ......................................................................... 15 c. Required Transfers of Bond Proceeds to Town .................................. 16 d. Other Financial Restrictions, Limitations and Requirements .................. 17 e. Limited Mill Levy .................................................................... 19 f. Investor Suitability ................................................................... 20 g. Refunding Bonds ..................................................................... 20 h. Construction Financing Notes Issued to Developer. ............................ 21 1. Identification of District Revenue .................................................. 22 J. Security for Debt. .................................................................... 22 k. Services of District. .................................................................. 22 I. Quinquennial Review ................................................................ 23 m. Letters .............................. : .................................................. 23 VI. Landowners' Obligations as to Public Improvements................................. 24 VII. Annual Report ................................................................................. 24 Vill. Dissolution .. : ................................................................................... 26 IX. Consolidation .................................................................................. 27 X. Elections ....................................................................................... 27 XI. Indemnities ..................................................................................... 29 XII. Disclosure and Disclaimer; No Third-Party Rights ...................................... 29 XIII. Intergovernmental Agreements ............................................................. 30 XIV. Conservation Trust Fund ..................................................................... 30 XV. Modification of Service Plan ................................................................ 31 XVI. Failure to Comply with Service Plan ....................................................... 33 XVII. Resolution of Approval. ...................................................................... 33 XVIII. Severability .................................................................................... 33 XIX. Certification .................................................................................... 35 I TABLE OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Exhibit 0 Legal Description Boundary Map Vicinity Map Property Owners' Consents Engineering Estimates Location of Public Improvements Financing Plan; Forecasted Cash Surplus Balances and Cash Receipts and Disbursements; Market Projection Consultant's Analysis; Developer's Letter in Support of Market Projections Underwriter's Letter Legal Counsel Letter Bond Counsel Letter Part I -Developer Indemnity Letter Part II -District Indemnity Letter Form of Disclosure Notice Form of Town Disclosure Statement Form of Intergovernmental Agreement between District and Town Resolution of Town of Firestone Approving Service Plan 11 \ STONERIDGE METROPOLITAN DISTRICT SERVICE PLAN I. INTRODUCTION The District shall be named the Stoneridge Metropolitan District (the "District"). The purpose of the District is to finance certain streets, street lighting, traffic and safety controls, water, sanitary sewer, landscaping, storm drainage and park and recreation improvements for a development to be known as the Stoneridge planned unit development ("Stoneridge"). The developer of Stoneridge and the petitioner for the formation of the District is Best Buy Homes Colorado, Inc., a Colorado corporation (the "Developer"). The District is intended to provide for the financing of public improvements for the Stoneridge development, but is not intended to be a District with perpetual existence. The District will consist of approximately one hundred fifty- eight (I 58) acres and no changes in the District's boundaries are anticipated or authorized. The District shall be dissolved when its financial obligations are paid or provided for or when the Town of Firestone, Colorado (the "Town") requests dissolution, provided then-applicable statutory requirements are met, all as further described in this Service Plan (the "Service Plan"). Except as expressly provided in this Service Plan, all public improvements and facilities that are financed, constructed, installed or acquired by the District shall be dedicated and conveyed to the Town or its designee and will be operated and maintained by the Town or its designee upon Town acceptance and completion of the District's warranty obligations. The Town may require that specific landscaping improvements that are dedicated and conveyed to the Town be maintained by a homeowners' association formed for the Stoneridge development, for the use and benefit of residents, taxpayers and property owners. The District shall not provide fire protection or emergency services, which lire protection and emergency services ( shall be provided by the Frederick-Firestone Area Fire Protection District. The District may exercise those powers of a metropolitan district set forth in §§32-1-1001 and -1004, C.R.S. only to implement the provisions of this Service Plan and only to the extent authorized by and in a manner consistent with this Service Plan. The District is generally located at the southeast comer of the Sable Drive and Birch 'Street intersection. The proposed boundaries of the District are limited to those boundaries described in Exhibit A, attached hereto. This Service Plan has been prepared by the following Developer and participating consultants (the "Organizers"): Developer Best Buy Homes Colorado, Inc. a Colorado corporation Bailey E. Dotson 1011 South Valentia Street, #36 Denver, Colorado 8023 I (303) 751-9910 (303) 751-9914 (fax) bdotson@cemines.com Investment Banker Kirkpatrick, Pettis, Smith, Polian Inc. Thomas Bishop Sam Sharp I 600 Broadway Street, Suite 1100 Denver, Colorado 80202 (303) 764-5737 (303) 764-5770 (fax) tbishop@kpsp.com ssharp@kpsp.com 2 District Counsel Sander Scheid Ingebretsen Miller & Parish A Professional Corporation Dianne D. Miller, Esq. 700 17•h Street, Suite 2200 Denver, Colorado 80202 (303) 285-5300 (303) 285-5301 (fax) dmiller@ssimlaw.com Engineer Benchmark of Cheyenne A Professional Corporation Kelly Hafner, E.I.T. 1920 Thomas Avenue Suite 620 Cheyenne, Wyoming 82001 (307) 634-9064 (307) 778-8010 (fax) kellyh@benchmarkengineers.com Bond Counsel Sherman & Howard, LLC Blake Jordan, Esq. 633 17 th Street, Suite 3000 Denver, Colorado 80202 (303) 297-2900 (303) 298-0940 (fax) bjordan@sah.com Market Projection Consultant DRl'vl Real Estate Advisors, L.L.C. Derek R. Maunselt, MAI Post Office Box 270898 Ft. Collins, Colorado 80527 (970) 267-2900 (970) 267-2900-facsimile Accountant Clifton Gunderson, LLP Jason Carroll 6399 S. Fiddler's Green Circle, Suite 100 Greenwood Village, Colorado 80111 (303) 779-5710 (303) 779-0348 (fax) jason.carroll@cliftoncpa.com Pursuant to the requirements of the Special District Control Act, §§ 32-1-201, et seq., C.R.S., this Service Plan consists of a financial analysis and ~ engineering plan showing how the proposed facilities and services of the District will be provided and financed. As required by § 31-1-202(2), C.R.S., the following items are included in this Service Plan: a. A description of the proposed services; b. A financing plan showing how the proposed services are to be financed, including alt elements required by§ 32-l-202(2)(b), C.R:S.; c. A preliminary engineering or architectural survey showing how the proposed services are to be provided; d. A map of the proposed District's boundaries and an estimate of the population and valuation for assessment of the proposed District; e. A general description of the facilities to be constructed and the standards for construction, including a statement of how the facility and service standards of the proposed 3 District are compatible with facility and service standards of the Town and special districts which are interested parties pursuant to§ 32-1-204(1), C.R.S.; f. A general description of the estimated cost of acqumng 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 District; and g. A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed District and such other political subdivision and, if applicable, a form of the agreement. II. PURPOSE OF THE PROPOSED DISTRICT The District will finance the construction of public improvements for the Stoneridge development, which improvements shall be constructed to Town standards, warranted by the District, and dedicated and conveyed to the Town or its designee as provided in this Service Plan, or as otherwise required by the Town. The Town may require that specific landscaping improvements that are dedicated and conveyed to the Town be operated and maintained by a homeowners' association formed for the Stoneridge development, for the use and benefit of residents, taxpayers and property owners. The public improvements shall be financed, in part, through the issuance of indebtedness as set forth in Article V, "Financing Plan". Except as specified in or pursuant to this Service Plan, the District shall not construct or own any improvements, shall not provide for any maintenance, repair or operation of any improvements, and shall not perform any services without the consent of the Town as evidenced by a resolution of approval of the Town of Firestone Board of Trustees (the "Board of Trustees"). In addition, 4 the District will not contract with any other governmental entity to receive any services which are or may become available from the Town, or to provide any services to or within any other governmental entity without the prior written consent of the Town. The District shall not provide any services or facilities within any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. The District shall dissolve when its financial obligations are paid or provided for, or otherwise upon request of the Town, subject to then-applicable statutory requirements, all as further provided in Article VIII. III. BOUNDARIES, POPULATION & VALUATION The District consists of approximately one hundred fifty-eight (158) acres located entirely within the boundaries of the Town, as more particularly set forth in the legal description attached hereto as Exhibit A and as shown on the boundary map, attached hereto as Exhibit B, and the vicinity map, attached hereto as Exhibit C. The petitioner, also the Developer of the District property, has received the consents of the property owners to the formation of this District, which consents, for the owners· of all property to be located within the District, are attached hereto as Exhibit D and incorporated herein by this reference. The Stoneridge subdivision is being developed for the anticipated construction of three hundred sixty ·(360) single-family homes by the Developer. The current population of the District is zero. The estimated population of the District at full build-out is one thousand forty- eight (1,048) people subject to development approval by the Town. It is acknowledged that Town development standards and requirements may affect the foregoing numbers of anticipated 5 ( homes and population. The estimated assessed value at full build-out is Six Million Three Hundred Thousand Fifty-Eight Dollars ($6,300,058). The property is currently zoned planned unit development (PUD) for single-family residential uses. The current assessed value is approximately Twenty-Two Thousand Three Hundred Ninety Dollars ($22,390). The total overlapping mill levy imposed upon the property within the proposed District for tax collection year 2002 was seventy-five and twenty-seven one hundredths of one mill (75.270) mills. The District shall be required to obtain written approval from the Town of a Service Plan modification prior to any inclusion or exclusion of property to or from the District, or any other change in its boundaries. Any such approval may be granted or denied by resolution of the Board of Trustees, in its discretion. Any inclusion may be on the condition that all property originally in the District remain in the District, and on such other conditions as the Town may impose. Any exclusion may'be on the condition that there is no detriment to the remaining residents and taxpayers within the District, or to the District's bondholders, and on such other conditions as the Town may impose. No changes in the boundaries of the District shall be made, unless the prior written approval of the Board of Trustees has been obtained as part of a Service Plan modification, as provided herein. IV. DESCRIPTION OF PROPOSED FACILITIES a. Type of Improvements. The District will provide for· the financing, construction, acquisition and installation of streets, street lighting, traffic and safety controls, water, sanitary sewer, landscaping, storm drainage and park and recreation improvements and facilities (as the foregoing terms are defined in § 32-1-1004(2), C.R.S. and the sections referenced therein) within the boundaries of the 6 District. The District is also authorized to finance park and recreation or other capital improvements identified by the Town and located outside of the District, that benefit the Town and the District, as provided in Article V.c, below. With the exception of those public improvements specifically identified in Exhibit F and authorized by this Service Plan, specifically including the off-site street improvements to County Road 22 between ll th and 13 th streets, and, with the exception of the One Hundred Fifty Thousand Dollars ($150,000.00) paid to the Town which may be utilized by the Town as described in Article V.c hereof and the intergovernmental agreement attached hereto as Exhibit N, the District shall not finance, construct, acquire or install any improvements outside the boundaries of the District unless: (1) the Town, by written determination of its Town Engineer, determines that such improvements are necessary to connect service for the District to the facilities of the Town_ other entities involved in providing services to the District; and (2) such proposed improvements are approved -in advance by resoluiion of the Board of Trustees. The property within the District will receive water service from the Town. The District may finance, design, construct and install Town water system improvements and facilities located within the boundaries of the District. However, all water systems improvements within the District shall be dedicated and conveyed to and owned by the Town upon Town acceptance and completion of the District's warranty obligations. All water rights for water service to the property shall be owned by the Town; the District shall not purchase, own, manage, adjudicate or develop any water rights or water resources. The Organizers of the District have prepared a preliminary engineering report based on the Town's construction standards. The table, attached hereto as Exhibit E, lists all facilities which the District, subject to development approval of the Town, will be authorized to finance, 7 acquire, design, construct, and install, including the costs in current dollars of each, together with an explanation of the methods, basis and/or assumptions used. A letter concerning the reasonableness of the cost estimates, and of the methods, bases and assumptions used, is included in Exhibit E. Subject to the Debt Limitations set forth in Article V of this Service Plan and the requirements of Article V.c, the District will be authorized to fund any combination of the improvements. The combined estimated cost of the improvements is Six Million Sixty-Eight Thousand Three Hundred Ninety-Four Dollars and Fifty-Four Cents ($6,068,394.54), which exceeds the estimated debt capacity of the District. Funding for improvements not funded by the District shall remain the responsibility of the Developer of the property. The Town is not responsible for assuming any of the costs of the improvements funded by the District or necessary for service to the proposed Stoneridge development. A map showing the location of the public improvements to be financed by the District is attached hereto as Exhibit F. All water and sewer improvements are anticipated to be constructed within street right-of-way, unless otherwise required by the Town. The District shall be authorized to finance, acquire, design, construct and install those types of public improvements and facilities which are authorized under this Article IV and which are generally shown on Exhibit F, subject to the specific final design and approval thereof by the Town. Phasing of construction shall be determined by the District to meet the needs of the residents and taxpayers within its boundaries; provided, however, that improvements shall be installed in compliance with any phasing plan approved for the Stoneridge development at the request of the Developer. b. Description of Existing Conditions. The area is predominantly undeveloped. 8 c. Anticipated Development. The Developer anticipates total build-out to occur by 2009, wilh the construction of fifteen (15) single family homes in 2004, fifty-eight (58) single family homes in 2005, sixty- eight (68) single family homes in 2006, seventy-three (73) single family homes in 2007, seventy- two (72) single family homes in 2008 and seventy-four (74) single family homes in 2009, subject to final design and development approval by the Town. It is acknowledged by the Developer that Town development standards and requirements may affect the foregoing numbers of anticipated homes and the foregoing anticipated build-out schedule. d. Public Improvement Schedule. Construction of the public improvements will commence as soon as possible following approval of the Service Plan. The public improvements will be phased to meet the development schedule, and shall be installed in compliance with any phasing plan approved for the Stoneridge development at the request of the Developer. e. Town Construction Standards. All proposed facilities and improvements shall be designed and constructed in ' accordance with the standards and specifications established by the Town and in effect from time to time, and with applicable standards and specifications of the federal government and State of Colorado. All proposed facilities and improvements shall be compatible with those of the Town. The District and its engineer have designed and shall design the facilities and improvements to meet such standards, specifications and compatibility requirements of the Town. The District will obtain approval of civil engineering plans and permits for construction and installation of facilities improvements from the Town prior to the construction or installation of any facilities or improvements. The District shall be subject to all applicable provisions of the Firestone 9 ( Municipal Code and to all Town rules, regulations and policies with respect to the conduct of its work on the improvements, as in effect from time to time. f. Limitation on Eminent Domain. The District shall not exercise any power of dominant eminent domain against the Town and shall not exercise any power of eminent domain within the Town without the prior written consent of the Town. No exercise of eminent domain by the District is contemplated or authorized in this Service Plan, and any proposed use thereof shall be considered a material modification of this Service Plan, and shall be subject to the Town's prior written approval. g. Dedication of Improvements to the Town. Except as specifically set forth within this Service Plan, the District shall dedicate and convey to the Town or its designee, or cause to be dedicated and conveyed to the Town or its designee, all public improvements and facilities, including, but not necessarily limited to, all streets, street lighting, traffic safety controls, water, sanitary sewer, landscaping, storm drainage and park and recreation improvements and facilities, as well as all rights-of-way, fee interests and easements necessary for access to and operation and maintenance of such improvements and facilities, to the extent such property interests have not been acquired by the Town through the land use approval process. The District shall not operate or maintain any public improvements, except as necessary to comply with its warranty obligations hereunder. The District shall also dedicate and convey to the Town or its designee any other facilities and improvements contemplated in this Service Plan, together with necessary rights-of-way, fee interests and easements. All such improvements, facilities, easements and rights-of-way shall be conveyed to the Town or its designee immediately upon completion of construction, installation and expiration of the two (2) year warranty period that commences after the Town has issued a 10 Conditional Acceptance as set forth below. All improvements, facilities, rights-of-way, fee interests and easements shall be conveyed and dedicated to the Town or its designee by instruments acceptable to the Town, free and clear of all liens and encumbrances, except those which are acceptable to the Town it its sole discretion. Failure to comply with the requirements of this Article IV shall be deemed to be a material modification of this Service Plan. Once a public improvement to be dedicated to the Town is constructed and installed, the Town shall issue an "Conditional Acceptance" letter stating that the improvement has been constructed or installed in conformance with the Town's standards, or shall issue a letter stating the corrections necessary to bring the improvement into compliance with Town standards for the issuance of such a "Conditional Acceptance" letter. The District at its expense shall promptly undertake any necessary corrections. Upon issuance of the "Conditional Acceptance" letter, the public improvements shall be warranted for two (2) · calendar years from the date of such "Conditional Acceptance", during which time the District shall maintain the improvements and correct all deficiencies therein as directed by the Town. At the conclusion of such two (2) year period, the Town shall issue a "Final Acceptance" letter if the public improvements conform to the Town's specifications and standards, or shall issue a letter stating the correction necessary to bring the improvement into compliance with Town standards for the issuance of such a "Final Acceptance" letter. The District at its expense shall promptly undertake any necessary corrections. A "Final Acceptance closing" shall then be arranged and held (such closing in no event to occur more than one hundred twenty (120) days after the issuance of the "Final Acceptance" letter), at which time the Town will issue a "Final Acceptance" for all public improvements to be accepted by it, and the District will execute and deliver to the Town all necessary instruments to dedicate and 11 ( convey to the Town the improvements and facilities, and all necessary rights-of-way, fee interests and easements. h. Ownership and Operation of Facilities by the District. The District shall not be authorized to own or operate any improvements or facilities to be provided pursuant to this Service Plan, other than as necessary to permit the financing and construction thereof (including compliance by the District with its warranty obligations as provided in Article N .g above), except through approval by the Town by resolution or through an amendment to this Service Plan. Nothing herein shall limit the Town's authority to require that improvements and facilities be operated or maintained by a homeowners' association formed for the Stoneridge development. i. Acquisition of Land for Public Improvements. The District shall acquire at no cost to the Town all lands or interests in land required by the Town for construction of streets, street lighting, traffic and safety controls, water, sanitary sewer, landscaping, storm drainage control and park and recreation improvements being constructed or installed by the District. Such land or interests in land may be acquired by the District by instruments of conveyance and/or plat dedication, in form and substance acceptable to the Town. All land and interests in land shall be conveyed to the Town or its designee at no cost to the Town at such times and by such instruments of conveyance as the Town may reasonably require (but in no event shall such conveyances be made later than the "Final Acceptance closing" described in Article N.g, above), free and clear of all liens a.TJd encumbrances, except those which are acceptable to the Town. Exceptions must be approved by the Town in advance and in writing. Failure to comply with this· provision shall be deemed to be a material modification of this Service Plan. 12 j. Services to be Provided by other Governmental Entities. The District proposes to finance, construct, acquire and install the public improvements necessary to serve the District's residents and taxpayers, but is not authorized to and shall not provide any ongoing services within the District. The District shall petition to include within the St. Vrain Sanitation District and shall obtain a resolution from the St. Vrain Sanitation District consenting to the overlapping boundaries for financing purposes only. The District shall not provide ongoing sanitary sewer services to the District. The District has obtained a letter from the Carbon Valley Park and Recreation District consenting to the overlapping boundaries for financing purposes only. The District shall not provide ongoing park and recreation services to the District. The District shall obtain a resolution from the Central Weld County Water District consenting to the overlapping boundaries for financing purposes only. The District shall not provide ongoing water services to the Oistrict. Nothing herein shall limit or discharge the District's responsibilities for operation, maintenance and repair of public improvements prior to their acceptance by the Town and conveyance to the Town or its designee, or limit or discharge the District's warranty obligations. k. Integration. All facilities and improvements shall be constructed so as to be integrated with existing and planned facilities and improvements of the Town and other entities providing service to the Stoneridge development. The District shall obtain from such other serving entities approval of the proposed plans for the facilities and improvements. The District shall provide the Town with copies of any submitt_als to such entities at the time of their submittal, and with copies of any approvals from such entities upon receipt. 13 ( V. F1NANCIAL INFORMATION This Article V describes the nature, basis, method of funding and debt and mill levy limitations associated with the District's public improvements program and operations. A detailed Financing Plan, consisting of the Accountant's Forecasted Cash Surplus Balances and Cash Receipts and Disbursements (including a Summary of Significant Forecast Assumptions), the Market Projection Consultant's Analysis, and the form of the Developer's Letter in Support of the Market Projections is contained in Exhibit G, attached hereto and incorporated herein. The Financing Plan includes estimated operations and administration costs (including estimated costs of warranty maintenance), proposed indebtedness and estimated interest rates and discounts and other major expenses related to the organization and operation of the District. The Financing Plan projects the issuance of the debt and the anticipated repayment based on the development assumptions (including the market projections and absorption forecasts set forth therein) for property within the boundaries of the District. The Financing Plan demonstrates that, at the projected level of development, and with the projected Developer support, the proposed District has the ability to finance the facilities identified herein, and will be capable of discharging the proposed indebtedness on a reasonable basis. a. General. The provision of improvements and facilities by the proposed District will be financed through the issuance of general obligation bonds (the "Bonds''), secured by the ad valorem taxing authority of the proposed District and other District revenues, limited as discussed below. The Financing Plan anticipates the issuance of one {I) series of Bonds in 2007. The term of any Bonds issued by the District shall not exceed thirty (30) years. The combined total estimated cost of the improvements is Six Million Sixty-Eight Thousand Three Hundred Ninety-Four Dollars and Fifty- 14 Four Cents ($6,068,394.54). The District has the capacity to issue general obligation bonds in the aggregate principal amount of approximately Three Million Four Hundred Thousand Dollars ($3,400,000), projected to yield net bond proceeds of Two Million Nine Hundred Fifteen Thousand Nine Hundred Seventy Dollars and Fifty Cents ($2,915,970.50) (which will be further reduced by the District's contribution of One Hundred Fifty Thousand Dollars ($150,000.00) to the Town as provided in Article V.c, below). Accordingly, it is currently anticipated that the bond proceeds will be insufficient to allow for repayment of Three Million Two Thousand Four Hundred Twenty-Four Dollars and Four Cents ($3,002,424.04), which will be contributed by the Developer; however, if the financing capability of the District changes and will permit repayment in the future (due to higher than anticipated assessment values, lower interest rates or any other circumstance), the District may agree to repay the Developer for unreimbursed public infrastructure costs so long as the District has the capacity to make such payments without exceeding the debt limit or Mill Levy Limit provided in this Service Plan. Payments made to the Developer by the District are expected to be made principally from Bond proceeds and shall not exceed the amount advanced for capital costs by the Developer. The Accountant's Forecasted Cash Surplus Balance and Cash Receipts and Disbursements in Exhibit G do not include the above-described Developer contribution to the costs of public improvements. b. Debt Issuance. The District intends to issue one (1) series of general obligation bonds in the aggregate principal amount of approximately Three Million Four Hundred Thousand Dollars ($3,400,000). A total debt limitation of Five Million Dollars ($5,000,000) in aggregate principal amount is approved in this Service Plan; such debt limitation is to apply to the aggregate outstanding amount of both general obligation bonds and construction financing notes (i.e., notes or other 15 financial obligations, if any, issued by the District to the Developer to evidence the District's obligation to repay the Developer's advances for construction costs). The Bonds will be issued in the approximate amount of Three Million Four Hundred Thousand Do11ars ($3,400,000), at such time as seventy-three (73) homes (representing, together with undeveloped land in the District, a total of approximately Two Million Eight Hundred Thousand Five Hundred Forty-Six Dollars ($2,800,546.00) in assessed valuation) have received building permits and all public improvements serving such homes have been completed and accepted by the Town, all of which is anticipated to occur in December 2006 as shown in Exhibit G. The Developer expects that sales of the Bonds (to financial institutions or institutional investors as further provided below) would be made on the basis that, builder activity having commenced within the District (as demonstrated by the development levels required by the immediately preceding sentence), there is a reasonable likelihood that projected future development will occur and wi11 result in increased assessed valuation levels to support payment of the Bonds. c. Required Transfers of Bond Proceeds to Town. The District will pay to the Town for deposit into the Town's capital improvements fund One Hundred Fifty Thousand Dollars ($150,000.00) of the District's total net bond proceeds which shall be paid to the Town concurrently with the delivery of the Bonds. Pursuant to an agreement to be executed between the Town and the District, the funds so paid to the Town sha11 be used by the Town to finance improvements (whether inside or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness (i.e., streets, street lighting, traffic safety 16 controls, water, sanitary sewer, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District The Developer and other Organizers of the District acknowledge that the foregoing provisions for allocation of bond proceeds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of this Service Plan, and the Town has relied thereon in approving this Service Plan. The District shall not issue bonds without including in such issuance the concurrent allocation and delivery to the Town of the funds required by this Article V.c, and such delivery of funds to the Town shall be a condition of closing for the Bonds. Further, the District shall not be authorized to issue bonds until the governing body of the District, upon formation thereof, has executed: (I) the intergovernmental agreement provided for in Article XIII and Exhibit M, with such amendments as the parties may mutually agree, stating its agreement to comply with the provisions of this Article V.c.; and (2) the District indemnity letter provided for in Part II of Exhibit K. d. Other Financial Restrictions, Limitations and Requirements. The District shall request voter authorization for such amount of general obligation debt as the District deems sufficient to allow for allocation of the amounts deposited in the Town's capital improvements fund (as described in Article V.c, above) among the District's powers, unforeseen contingencies, increases in construction costs due to inflation and all costs of issuance, including capitalized interest, reserve funds, discounts, legal fees and other incidental costs of issuance; provided, however, that the amount of general obligation debt (together with construction financing notes) actually issued by the District shall not exceed the debt limitation of Five Million Dollars ($5,000,000) as stated in Article V.b, above. All bonds of the District will be sold for cash., The authorized maximum voted interest rate is fifteen percent (15%) per 17 ( annum and the maximum undeIWriting discount is four percent ( 4%) of bond principal. The actual interest rates and discounts, within such maximum amounts, will be determined at the time the bonds are sold by the District and will reflect market conditions at the time of sale. Estimated interest rates used in Exhibit G are based on information furnished by the underwriters identified in Exhibit H. In the event bonds are issued at an interest rate higher than the estimated rates used in Exhibit G, the principal amount of bonds will be reduced so as to result in total debt service payments approximately equal to those projected in Exhibit G, and so that debt service on the bonds can be paid from the revenue sources contemplated in this Service Plan. If actual increases in District assessed valuation attributable to inflation and biennial revaluation factors are less than the projected increases for those factors as shown in the Exhibit G forecasts, it is expected that the District would compensate by increasing its mill levy (subject to the Limited Mill Levy) or reducing the principal amount of the bonds issued. The Developer acknowledges and accepts the risk that, if all or a part of the general obligation bonds proposed to be issued by the District are not issued, because of changes in financial conditions or for any other reason, the Developer may not be paid or reimbursed for the cost of public improvements or other advances to the District. No bonds issued by the District shall provide for acceleration as a remedy upon default, unless the District has received the prior written administrative approval of the Town, which approval may be granted only by the Town Administrator or the Board of Trustees. Except as provided below, with respect to notes issued to the Developer for construction financing, this Service Plan authorizes only the issuance of general obligation bonds and oniy within the above stated limits, and subject to the provisions as to the Limited Mill Levy as set forth below. The District may be authorized to issue revenue bonds, certificates, debentures or other evidences of 18 indebtedness or to enter jnto lease-purchase transactions, only upon approval of an amendment to this Service Plan, and such an amendment shall be considered a material modification of the Service Plan. The District does not anticipate the imposition of development fees at this time, and may be authorized to impose such fees only upon the prior written approval of the Board of Trustees. All bonds of the District shall be structured utilizing a commercial bank with trust powers as trustee to hold the bond proceeds and debt service funds and to pursue remedies on behalf of the bondholders. Any bonds issued by the District pursuant to this Service Plan shall be in compliance with all applicable legal requirements, including without limitation § 32-1-1101 (6), C.R.S., and article 59 of title 11, C.R.S., and shall be approved by nationally recognized bond counsel. An opinion shall also be obtained from bond counsel or counsel to the District that the bonds comply with all requirements of this Service Plan. e. Limited Mill Levy. "Limited Mill Levy" shall mean an ad valorem mill levy (a mill being equal to 1/10 of 1 ¢) imposed upon all taxable property in the District each year in an amount sufficient to pay the principal of, premium if any, and interest on the bonds as the same become due and payable, and to make up any deficiencies in any debt service reserve for the bonds, but, together with all other District mill levies (including, without limitation, all mill levies for administration, maintenance, and other operating expenses), such mill levy shall not exceed fifty (50.000) mills; provided however, that in the event of changes in the ratio of actual valuation to assessed valuation for residential real property, pursuant to Article X, section 3( 1 )(b) of the Colorado Constitution and legislation implementing such constitutional provision, the fifty (50.000) mill levy limitation 19 provided herein wi 11 be increased or decreased ( as to all taxable property in the District, including both residential and commercial property) to reflect such changes so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished nor enhanced as a result of such changes ("Gallagher adjustment"). The Limited Mill Levy shall . be an enforceable limit on all District mill levies. In addition to the Limited Mill Levy applicable to all District mill levies, the total District mill levy for administration, warranty maintenance and other operating expenses shall be limited to ten (10.000) mills, as adjusted by the Gallagher adjustment. f. Investor Suitability. In addition, the District bond issue (anticipated in 2007, as described above) shall be issued only to financial institutions or institutional investors within the meaning of § 32-1- 1101 ( 6)( a)(IV), § 32-1-103(6.5) and § 11-59-103(8), C.R.S. The District shall provide for and shall utilize mechanisms and procedures for transfers and exchanges of bonds which are reasonably designed to insure continuing compliance with such limitation of sales to institutional investors. If the District's bonds are rated in one of the four highest investment grade rating categories by one or more nationally recognized organizations which regularly rate such obligations, compliance with the institutional investor limitation set forth above shall not be required. g. Refunding bonds. General obligation refunding bonds may be issued by the District to defease original issue bonds in compliance with applicable law, but any such refunding shall not extend the maturity of the bonds being refunded nor increase the total debt service thereon and shall meet the requirements of§ 32-l-1101(6)(a), C.R.S. Any issuance of refunding bonds must comply 20 with paragraph (f) above ("Investor Suitability"). Additionally, all limitations, restrictions and requirements of this Service Plan with respect to general obligation bonds of the District shall be applicable to refunding bonds, including, without limitation, Limited Mill Levy, debt limit, maximum interest rate, maximum discount, maximum term, prohibition on acceleration, bank trustee requirement and opinion requirements. h. Constructioi1 Financing Notes Issued to Developer. The District may issue construction financing notes to the Developer to evidence the District's obligation to reimburse the Developer's advances for construction costs; any Developer advances which are not so reimbursed shall be treated as Developer contributions as described in Article V.a, above. Such notes shall be subject to the following restrictions set forth above for general obligation bonds: Limited Mill Levy, debt limitation, maximum term, prohibition on acceleration, and opinion as to Service Plan compliance; but such notes shall not be subject to the above-stated bank trustee requirement, minimum denomination, or bond counsel opinion requirements. Such notes shall not be general obligations of the District, shall bear no interest (see Exhibit G), shall be issued only to the Developer (and therefore shall be not be subject to any underwriting discount), and shall not be transferred, assigned, participated or used as security for any borrowing. The Developer hereby represents that it is an accredited investor, as that term is defined under §§ 3(b) and ( 4)(2) of the federal "Securities Act of 1933" by regulation adopted thereunder by the Securities and Exchange Commission. Such notes shall be paid from proceeds of the District's general obligation bonds (when and if received by the District, and subject to prior payment of amounts payable to the Town as provided in Article V.c, above); otherwise the notes will be unsecured obligations of the District. To the extent that any of such notes are outstanding when the District's general obligation bonds are also outstanding, 21 ( payments on the notes may be made only if such payments do not adversely affect the District's ability to pay its general obligation bonds. The Developer solely assumes the risk of nonpayment or other default on such notes, including, without limitation, delay, inability or failure of the District to sell or issue its general obligation bonds. i. Identification of District Revenue. The District will impose a mill .levy on all taxable property in the District as the primary source of revenue for repayment of debt service and for operations and administration. The mill levy imposed by the District shall not exceed fifty (50.000) mills, except for ·Gallagher adjustments permitted under V.b, above. Although the mill levy imposed may vary depending on the phasing of facilities anticipated to be funded, it is estimated that a mill levy of approximately forty (40.000) mills will produce revenue sufficient to support debt service and operations and warranty maintenance expenses throughout the repayment period. No fees or user charges shall be imposed by the District. j. Security for Debt. The District will not pledge any Town funds or assets for security for the indebtedness set forth in the Financing Plan of the District. k. Services of District. The District will require sufficient operating funds to plan rind cause the public improvements to be constructed. The costs are expected to include: organizational costs, legal, engineering, accounting and debt issuance costs, compliance with warranty obligations, compliance with state reporting and other administrative requirements. The first year's operating budget (for 2004) is estimated to be Thirty Thousand Dollars ($30,000) and the second year's operation budget (for 2005) is estimated to be Thirty Thousand Six Hundred Dollars ($30,600). 22 The operating budget amounts shown in Exhibit G are expected to be sufficient to enable the District to comply with its warranty obligations as described in Article IV.g above. I. Quinquennial Review. Pursuant to§ 32-1-1101.5, C.R:S., the District shall submit application for a quinquennial finding of reasonable diligence in every fifth (5 th ) calendar year after the calendar year in which the District's ballot issue to incur general obligation indebtedness is approved by its electorate. Upon such application, the Board of Trustees may accept such application or hold a public hearing thereon and take such actions as are permitted by law. The District shall be responsible for payment of the Town consultant and administrative costs associated with such review, and the Town may require a deposit of the estimated costs thereof The Town shall have all powers concerning the quinquennial review as provided by statutes in effect from time to time. m. · Letters. There is attached hereto as Exhibit H an underwriter's letter stating its intention to underwrite the District's financial obligations as proposed in this Financing Plan. There is attached hereto as Exhibit I a letter from legal counsel for the District stating that the petition for organization of the District, this Service Plan, notice and hearing procedures in connection therewith, and provisions thereof (including without limitation provisions as to the District's bonds, fees and revenue sources) meet the requirements of titles 11 and 32, C.R.S., and other applicable law. There is attached hereto as Exhibit J a letter from bond counsel for the District (i) stating that provisions for payments of bond proceeds to the Town for deposit into the Town's capital improvements funds are authorized and permissible under currently applicable laws, and that the District is authorized by currently applicable laws to undertake such borrowing and make such payments of bond proceeds to the Town; and (ii) describing any significant legal or tax 23 ( requirements or restrictions that the Town will be expected to comply with in connection with such payments. VI. LANDOWNERS' OBLIGATIONS AS TO PUBLIC IMPROVEMENTS The creation of the District shall not relieve the Developer, the landowner or any subdivider of property within the District, or any of their respective successors or assigns, of obligations to construct public improvements for the Stoneridge development, of the obligation to enter into a subdivision improvements agreement regarding such improvements, or of obligations to provide to the Town letters of credit as required by the Town to ensure the completion of such public improvements, or of any other obligations to the Town under Town ordinances, rules, regulations or policies, or under other agreements affecting the property within the District or the Stoneridge development, or any other agreement between the Town and the Developer (or any such landowner, subdivider or successors or assigns). VII. ANNUAL REPORT The District shall be responsible for submitting an annual report to the Town within one hundred twenty (120) days from the conclusion of the District's. fiscal year. Failure of the District to submit such report shall not constitute a material modification hereof, unless the District refuses to submit such report within thirty (30) days after a written request from the Town to do so. The District's fiscal year shall end on December 31 st of each year. The content of the annual report shall include information as to the following matters which occurred during the year: a. Boundary changes made or proposed; b. Intergovernmental Agreements entered into or proposed; 24 c. Changes or proposed changes in the District's policies; d. Changes or proposed changes in the District's operations; e. ' · Any changes in the financial status of the District including any issuance of financial obligations or any change in revenue projections or operating costs; f. A summary of any litigation and notices of claim involving the District; g. Proposed plans for the year immediately following the year summarized in the annual report; h. Status of construction of public improvements; 1. The current assessed valuation in the District; and J. A schedule of all taxes imposed and tax or other revenues received in the report year, and proposed taxes to be imposed, and identified revenues to be received in the following year and the revenues raised or proposed to be raised therefrom. The foregoing list shall not be construed to excuse the requirement for prior written Town approval of those matters that are considered material modifications of this Service Plan or for any other required Town approval. The annual report shall be signed by the President and attested by the Secretary of the District. Along with the annual report, and at any more frequent intervals as reasonably requested by the Town, the District shall provide to the Town a currently dated and written certificate, signed by the President and Secretary of the District, certifying that the District is in full compliance with this Service Plan. If the District is not in full compliance with this Service Plan, the certificate shall include a detailed statement describing such noncompliance, and the District shall cooperate fully with the Town in providing further information as to, and promptly remedying, any such noncompliance. The Town reserves the right, pursuant to § 32-l-207(3)(c), C.R.S., to request reports from the District beyond the 25 mandatory statutory five (5) year reporting report. In addition to the foregoing, the District shall cooperate with the Town by providing prompt responses to all reasonable requests by the Town for information, and the District shall permit the Town to inspect all public improvements and facilities and all books and records of the District. VIII. DISSOLUTION Promptly when all of the general obligation bonds to be issued by the District have been paid (or when provision for payment thereof has been made through establishment of an escrow as provided by § 32-l-702(3){b ), C.R.S.), the District will so notify the Town and will cooperate fully•with the Town in taking all steps necessary under then applicable law to dissolve the District (including, without limitation: formulating a plan of dissolution; executing the District's consent to dissolve pursuant to § 32-1-704(3)(b ), C.R.S.; making any necessary agreements as to continuation or transfer of warranty, maintenance and other services, if any, which are then being provided by the District; submitting a petition for dissolution to the District Court; and, conducting any required dissolution election). In addition, at any time after issuance of the District's general obligation bonds, upon the Town's request, the District will cooperate fully with the Town to dissolve the District (without such payment of outstanding general obligation bonds of the District or establishment of an escrow therefor) as provided in§§ 32-l-702(3)(c) and 32-l-707(2)(c), C.R.S. Also, on or after December 31, 2009, if the District has not issued any of its general obligation bonds, the Town shall have the right to require the District to dissolve in accordance with applicable law, and the District will cooperate fully with the Town to dissolve the District. 26 To the maximum extent permitted by law, the above-stated agreements to cooperate in dissolution of the District shall be binding on the undersigned Developer and other landowners signing the Consent contained in Exhibit D to this Service Plan (together constituting the owners of one hundred percent (100%) of the land in the District) and shall also be binding on their successors in title to any and all land in the District (including the nominees for the initial Board of Directors set forth in Article X hereof and succeeding directors who own land within the District); and such agreements shall obligate all such persons to cooperate fully with the Town as described above, including without limitation, the signing of petitions, execution of consents, and voting in favor of dissolution in any required election. IX. CONSOLIDATION The District shall not file a request with the District Court to consolidate with another district without the prior written approval of the Board of Trustees. X. ELECTIONS Following approval of this Service Plan by the Town, and after acceptance of the organizational petition and issuance of orders from the District Court, elections on the questions of organizing the District and approving bonded indebtedness and various agreements described herein, including the intergovernmental agreement between the Town and the District contemplated in Article XIII and Exhibit N hereof, will be scheduled. All elections will be conducted as provided in the court orders, the Uniform Election Code of 1992 (as substantially amended by House Bill 93-1255 and as otherwise amended from time to time), and Article X §20 of the Colorado Constitution (the "TABOR Amendment"), and are currently planned for 27 ( May 4, 2004, but may be held on any legally permitted date. The election questions are expected to include whether to organize the District, election of initial directors, and TABOR Amendment ballot issues and questions. Thus, the ballot may deal with the following topics (in several questions, but not necessarily using the exact divisions shown here): a. Whether to organize the District, b. Membership and terms of the initial board members, c. Approval of new taxes, d. Approval of maximum operational mill levies, e. Approval of bond and other indebtedness limits, f. Approval of an initial property tax revenue limit, g. Approval of an initial total revenue limit, h. Approval of an initial fiscal year spending limit, and 1. Approval of a four ( 4) year delay in voting on ballot issues. Ballot issues may be consolidated as approved in court orders. The petitioners intend to follow both the letter and the spirit of the Special Disllict Act, the Uniform Election Code and ·.-· the TABOR Amendment during organization of the District. Future elections to comply with the TABOR Amendment may be held as determined by the elected Board of Directors of the District. The following persons, who are or will be owners of property within the District, are anticipated to be nominated for the initial board of directors of the District: 28 Bailey E. Dotson Best Buy Homes Colorado, Inc. IO 11 South Valentia Street, #36 Denver, Colorado 80231 (303) 751-9910 Richard Cavalli 34523 Upper Bear Creek Road Evergreen, Colorado 80439 (303) 670-9888 Stephen R. Parry 5336 Flatrock Court Morrison, Colorado 80465 (303) 931-4498 XI. INDEMNITIES Marilou Dotson IOI I South Valentia Street, #36 Denver, Colorado 8023 I (303) 751-9910 Lindsay Cavalli 34523 Upper Bear Creek Road Evergreen, Colorado 80439 (303) 670-9888 The fully executed Best Buy Homes Colorado, Inc. Indemnity Letter attached hereto as Part I of Exhibit K is submitted by the Developer to the Town as part of this Service Plan. The form of the District Indemnity Letter attached hereto as Part 2 of Exhibit K shall be executed by the District and delivered to the Town immediately upon formation of the District. The execution of such Indemnity Letters are material considerations in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. XII. DISCLOSURE AND DISCLAIMER; NO THIRD-PARTY RIGHTS The District will also record a statement against the property within the District which will include notice of the existence of the District, anticipated mill levy and maximum allowed mill levy. The fonn of the notice is attached hereto and incorporated herein as Exhibit L, subject to any changes requested by the Town in the future. In addition, there is attached hereto as Exhibit M a fonn of the Town's disclaimer statement. The District shall conspicuously i_nclude this disclaimer statement, or any modified or substitute statement hereafter furnished by 29 ( the Town, in all offering materials used in connection with any bonds or other financial obligations of the District ( or, if no offering materials are used, the District shall deliver the disclaimer statement to any prospective purchaser of such bonds or financial obligations). No changes shall be made to the disclosure and ·the disclaimer set forth in Exhibits L and M, respectively, except as directed by the Town. Neither this Service Plan nor any other related agreements shall be construed to impose upon the Town any duties to or confer any rights against the Town upon, any bondholders or other third parties. XIII. INTERGOVERNMENTAL AGREEMENTS The District shall enter into an intergovernmental agreement with the Town which shall be in substantially the form set forth in Exhibit N. The District shall execute and deliver the intergovernmental agreement to the Town immediately upon formation of the District. The execution of such Agreement is a material consideration in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. No other intergovernmental agreements are proposed at this time. Any intergovernmental agreements proposed regarding the subject matter of this Service Plan shall be subject to review and approval by the Board of Trustees prior to their execution by the District. Failure of the District to obtain such approval shall constitute a material modification of this Service°Flan. XIV. CONSERVATION TRUST FUND The District shall not apply for or claim any entitlement to funds from the Conservation Trust Fund which is derived from lottery proceeds, or other funds available from or through 30 governmental or nonprofit entities for which the Town is eligible to apply. The District shall remit to the Town any and all conservation trust funds which it receives. XV. MODIFICATION OF SERVICE PLAN The District shall obtain the prior written approval of the Town before making any material modifications to this Service Plan. Material modifications require a Service Plan amendment and include modifications of a basic or essential nature, including, but not limited to, the following: I. Any change in the stated purposes of the District or additions to the types of facilities, improvements or programs provided by the District; 2. Any issuance by the District of financial obligations not expressly authorized by this Service Plan, or under circumstances inconsistent with 'the District's financial ability to discharge such obligations as shown in the build out, assessed valuation and other forecasts contained in Exhibit G, or any change in debt limit, change in revenue type or change in maximum mill levy (except for any necessary Gallagher adjustment as provided in Article V.b, above); 3. Any change in the types of improvements or estimated costs of improvements from what is stated in Exhibit E of this Service Plan; 4. Failure by the District to comply with the requirements of Article V.c of this Service Plan or Section 6 of the intergovernmental agreement (the form of which is attached hereto as Exhibit N) concerning transfer of bond proceeds to the Town; or 31 5. Failure by the District to enter into the intergovernmental agreement (the form of which is attached hereto as Exhibit N) immediately upon the District's formation as provided in Article XIII of this Service Plan. 6. Failure to comply with the requirements of this Service Plan concerning· the dedication of improvements or the acquisition and conveyance oflands or interests in land; 7. The failure of the District to develop any capital facility proposed in its Service Plan when necessary to service approved development within the District; 8. Any proposed use of the powers set forth in §§ 32-1-l!0l(l)(f) and -1101(1.5), C.R.S., respecting division of the District; 9. The occurrence of any event or condition which is defined under the Service Plan or intergovernmental agreement as necessitating a service plan amendment; 10. The default by_the District under any intergovernmental agreement; I I. Any of the events or conditions enumerated in § 32-1-207(2), C.R.S., of the Special District Act; or 12. Any action or proposed action by the District which would interfere with or delay the planned dissolution of the District as provided in Article VII hereof. (The examples above are only examples and are not an exclusive list of all actions which may be identified as a material modification.) The District will pay a!l reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with any request by the District for modification of this Service Plan or administrative approval by the Town of any request hereunder. The Town may require a deposit of such estimated costs. 32 XVI. FAILURE TO COMPLY WITH SERVICE PLAN In the event it is determined that the District has undertaken any act or omission which violates the Service Plan or constitutes a material departure from the Service Plan, the Town may utilize the remedies set forth in the statutes to seek to enjoin the actions of the District, or may withhold issuance of any permit, authorization, acceptance or other administrative approval for the Stoneridge development, or may pursue any other remedy available at law or in equity, including affirmative injunctive relief to require the District to act in accordance with the provisions of this Service Plan. The District shall pay any and all costs, including attorneys' fees, incurred by the Town in enforcing any provision of the Service Plan. To the extent permitted by law, the District hereby waives the provisions of§ 32-l-207(3)(b), C.R.S., and agrees it will not rely on such provisions as a bar to the enforcement by the Town of any provisions of this Service Plan. XVII. RESOLUTION OF APPROVAL The Developer and other proponents of the proposed District agree to and shall incorporate the Board of Trustee's Resolution of Approval, including any conditions on such approval, into the Service Plan presented to the appropriate district court. Such resolution shall be attached as Exhibit 0. XVIII. SEVERABILITY If any portion of this Service Plan is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not cause the entire Service Plan to be terminated. Further, with respect to any portion so held invalid or unenforceable, the District and Town agree to pursue a Service 33 Plan amendment or take such other actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. 34 XIX. CERTIFICATION This Service Plan is submitted to the Town by the undersigned Developer, which is the District petitioner, and with the consent of all property owners of all propeify within the boundaries of the proposed District. The undersigned will cause written notice of the Town's hearing on the proposed Service Plan to be duly given to all "interested parties" within the meaning of§ 32-1-204, C.R.S., and will or has caused all other required filings to be made and all other applicable procedural requirements to be met. The information contained in this Service Plan is true and correct as of this date. BEST BUY HOMES COLORADO, INC. A Colorado corporation EXHIBIT A Legal Description A parcel of land being the Northwest Quarter of Section 13, Township 2 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, County of Weld, State of Colorado, EXCEPT that certain parcel of land described in deed recorded under reception no. 2694995, being more particularly described as follow: Beginning at the northwest comer of said Northwest Quarter of Section 13; Thence South 89°3 I '25" East along the north line of said Northwest Quarter, a distance of 2699.37 feet; Thence South 00°06'24" East along the east line of said Northwest Quarter, a distance of 2213.38 feet; Thence along the north and west lines of said parcel of land described in deed recorded under reception no. 2694995 the following two courses: I. North 89°53' 17" West, a distance of 420.00 feet; 2. South 00°06'24" East, a distance of 420.00 feet; Thence North 89°53'17" West along the south line of said Northwest Quarter, a distance of 2260.92 feet; Thence North 00°30'11" West along the west line of said Northwest Quarter, a distance of 2650.68 feet to the Point of Beginning, containing 6,930,568 square feet, or 159.104 acres, more or less. M:\Client Files\Sroneridge\Service Plnn\Exhibi{A -Legnl Description.doc ( EXHIBITB Boundary Map [) t ' I ____ _! N.T.S. STONERIDGE BOUNDARY EXHIBIT EXHIBITC Vicinity Map HWY 1 9 SEC. 11. T2N, R68W SABLE AVE. SEC. 14, T2N. R68W TOWN Of" FlRESTONE LIMITS o-w w f!: "' I u 0:: ai SEC. 12, T2N, R66W NEIGHBORS POINT VICINITY MAP SEC. 13, T2N, R68W !:; (D 0 0 <( 0:: 0 ..., 0 u TOWN Of" f"IR(STONE LIMITS FlRESTONE ( EXHIBITD Property Owners' Consents May 29, 2003 Town of I'irestone P.O. Box 100 Firestone, Colorado 80520 RE: Proposed Stone Ridge Metropolitan District (the "District") To Whom It May Concern: The Margret L. Niven Revocable Trust, dated March 26, 2002, is an owner of the property attached hereto as Exhibit A, which property is proposed to constitute the boundaries of the District. The purpose of this letter is to advise that I, Grant V. Niven, as co-trustee of the Margret L. Niven Revocable Trust, dated March 26, 2002, consent to the organization of the District. MARGRET L. NIVEN REVOCABLE TRUST, dated March 26, 2002 ~~ 264&--y: ~co-trustee (IA JI-IZ.j 1tt+ L-. tJ i ,/uJ STATE OF COLORADO KA-rv~A-S COUNTYOF __ y~-i=~=~v_e..c.,_. __ ) ) ss ) Subscribed and sworn to before me on this.:3o °"day of May 2003, by Grant V. Niven as co-trustee of the Margret L. Niven Revocable Trust, dated March 26, 2002. A. ~9tt L Burnett Nb1a,y Public State of Kansas 1 My Appl. Expire~ 3-, ( C,-.., Notary Public My commission expires fV111-g" I (; 1 ,:µ;oy Stone Ridge\Scrvicc Plan JLGl255 0701.00030617.000J EXHIBIT A A parcel of land being the Northwest Quarter of Section 13, Township 2 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, County of Weld, State of Colorado, EXCEPT that certain parcel of land described in deed recorded under reception no. 2694995, being more particularly described as follow: Beginning at the northwest comer of said Northwest Quarter of Section 13; Thence South 89°31 '25" East along the north line of said Northwest Quarter, a distance of 2699.37 feet; Thence South 00°06'24" East along the east line of said Northwest Quarter, a distance of 2213.38 feet; Thence along the north and west lines of said parcel of land described in deed recorded under reception no. 2694995 the following two courses: I. North 89°53' I 7" West, a distance of 420.00 feet; 2. South 00°06'24" East, a distance of 420.00 feet; Thence North 89°53'17" West along the south line of said Northwest Quarter, a distance of 2260.92 feet; Thence North 00°30'11" West along the west line of said Northwest Quarter, a distance of 2650.68 feet to the Point of Beginning, containing 6,930,568 square feet, or 159.104 acres, more or less. M:\C/ienl Filesistoneridge\Service Plnn\Exhibit A -Legal Description.do<" May 29, 2003 Town of Firestone P.O. Box 100 Firestone, Colorado 80520 RE: Proposed Stone Ridge Metropolitan District (the "District") To Whom It May Concern: The Elda Mae Johnson and The Elizabeth N. Doores Trust, dated October 8, 1996, is an owner of the property attached hereto as Exhibit A, which property is proposed to constitute the boundaries of the District. The purpose of this letter is to advise that I, Grant V. Niven, having the power of attorney for the Elda Mae Johnson and The Elizabeth N. Doores Trust, dated October 8, 1996, consent to the organization of the District. THE ELDA MAE JOHNSON AND THE ELIZABETH N. DOORES TRUST, dated October 8, 1996 STATE OF €0LORADO l('A-fJSf,S COUNTY OF SfA.p..w0u·-- ) ) ss ) Subscribed and sworn to before me on this .30 c,day of May 2003, by Grant V. Niven as co-trustee of the Elda Mae Johnson and The Elizabeth N. Doores Trust, dated October 8, 1996 . ....... ~ Burnett . A l}lef'MyJPublic M State of Kansas My Appt. F.xpires 3-{ ~ -:( 7 Notary Public My commission expires /A(\f¼'-.<',# /~ 1 ::J,oeft/ I Stone Ridge\Service Plan JLGl257 0701.00030617.0003 EXHIBIT A ( A parcel of land being the Northwest Quarter of Section 13, Township 2 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, County of Weld, State of Colorado, EXCEPT that certain parcel of land described in deed recorded under reception no. 2694995, being more particularly described as follow: Beginning at the northwest comer of said Nor(hwest Quarter of Section 13; Thence South 89°31 '25" East along the north line of said Northwest Quarter, a distance of 2699.37 feet; Thence South 00°06'24" East along the east line of said Northwest Quarter, a distance of 2213.38 feet; Thence along the north and west lines of said parcel of land described in deed recorded under reception no. 2694995 the following two courses: I. North 89°53'17" West, a distance of420.00 feet; 2. South 00°06'24" East, a distance of 420.00 feet; Thence North 89°53'17" West along the south line of said Northwest Quarter, a distance of 2260.92 feet; Thence North 00°30'11" West along the west line of said Northwest Quarter, a distance of 2650.68 feet to the Point of Beginning, containing 6,930,568 square feet, or 159.104 acres, more or less. M:\Client Files\Stoneridge\Service Plnn\ExhibiI A • legal Delcription.doc SPECIAL POWER OF ATTORNEY I, ELIZABETH N. DOORES, as trustee of the ELIZABETHN. DOORES TRUST, under agreement dated October 8, 1996, the principal, of 1373 N. Cherry Street, Galesburg, lliinois 61401, designate GRANT V. NIVEN of215 S.W. Yorkshire Road, Topeka, Kansas 66606, my attorney in fact and agent (subsequently called agent) in my name and for my benefit: I. Grant of Power. I grant to my agent full power and authority to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating specifically to the ownership, management, maintenance, lease, trade or sale of the following described real property located in Weld County, Colorado, to wit: The Northwest quarter (NW¼) of Section 13, Township 2 North, Range 68 West of the 6111 P.M., Weld Co., Colorado. The Northeast quarter (NE¼) of Section 34, Township 1 North, Range 68 West of the 6111 P.M., Broomfield Co., Colorado. With respect to the above-described property, I grant to my agent full power and authority to do everything necessary in exercising any of the powers herein granted as · . fully as I might or could do if personally present, with full power of substitution or · .revocation; hereby ratifying and confirming all .that my agent shall lawfully do or cause -to be .done by virtue of this power of attorney and the powers herein granted. a. Powers of Collection and Payment. To forgive, request, demand, sue for, recover, collect, receive, hold all such sums of money, debts, dues, commercial paper, checks, drafts, accounts.., deposits, notes, interests, certificates of deposit, and other contractual benefits and proceeds, all documents of title, all property, real or personal, intangible and tangible property and property rights, and . demands whatsoever, liquidated or unliquidated, now or hereafter owned by, or due, owing, payable or belonging to me or in which I have or may hereafter acquire an interest; to have, use, and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other sufficient discharges for the same; Dated: b. Power to Acquire and Sell. To acquire, purchase, exchange, grant options to sell, and sell and convey said real property or interest therein on such terms and conditions as my agent shall deem proper c. Management Powers. To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with said real property, or any interest thereon, that I now own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions as my agent shall deem proper; Banking Powers. To make, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of · deposit, in banks, savings and loan associations and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; 2. Interpretation. This instrument is to be construed and interpreted as a limited power of attorney. The specific powers herein granted to my agent are limited to control over the above-descril,ed real property and monies generated from it. 3. Third Party Reliance. Third parties may rely upon the representations of my agent as to all matters relating to any power granted to my agent, and no person who may act in reliance upon the representations of my agent or the authority granted to my agent shall incur any liability to me or my estate as a result of permitting my agent to exercise any power. 4. Disability of Principal. This Power of Attorney shall not be affected by my disability. 5. Fiduciary Powers. Notwithstanding any other provision of this Power of Attorney, my agent shall have no rights or powers hereunder with respect to.any act, power, duty, right or obligation, relating to any person, matter, transaction or property, owned by me or in my custody as a trustee, · custodian, personal representative or other fiduciary capacity. . ::.;, ✓--'_..;, J ·" / ,· ··~ --/ ar· ,.~a?, (/. ¥RU,?,.,..~ ELIZETH N. DOORES, ~USTEE OF THEiLIZABETH N. DOORES TRUST UNDER AGREEMENT DATED OCTOBER 8, 1996 STATE OF ILLINOIS COUNTY OF KNOX ) ) ss: ) /il::'~~heforegoing instrument was acknowledged before me this J.3.f;!_ day of -='"(l-'~EJ=~~~~~· 2002, by Elizabeth N. Doores, Trustee of the Elizabeth N. Doores Trust Under Agreement Dated _October 8, 1996. .... _ ·-=· WITNESS my hand and official seal. My commission expires:.~--S-0.3 OFFICIAL SEAL KAREN R HAMBLETON NOTARY PUBLIC, STATE OF ILLINOIS: MY C0MMISS~N EXPIRES:06/08/03 Notary Public. -. I SPECIAL POWER OF ATTORNEY I, ELDA MAE JOHNSON, the principal, of 71 O North 44th Avenue, Yakima, Washington 98908, designate GRANT V. NIVEN of215 SW Yorkshire Road, Topeka, Kansas 66606, my attorney in fact and agent (subsequently called agent) in my name and for my benefit: 1. Grant of Power. I grant to my agent full power and authority to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating specifically to the ownership, management, maintenance, lease, trade or sale of the following described real property located in.Weld County, Colorado, to wit: The Northwest quarter (NW ¼) of Section 13, Township 2 North, Range 68 West of the 6th P.M., Weld Co., Colorado. The Northeast quarter (NE ¼) of Section 34, Township I North, Range 68 West of the 6th P.M., Broomfield Co., Colorado. With respect to .the above-described property, l grant to my agent full power and authority to do everything necessary in exercising any of the powers herein· granted as fully _as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted. a. Powers of Collection and Payment. To forgive, request; demand, sue for, recover, collect, receive, hold all such sums of money, debts, dues, commercial paper, checks, drafts, accounts,'deposits, notes, interests, certificates of deposit, and other contractual benefits and proceeds, all documents of title, all property, real or . p~sonal, intangible and tangible property and property rights, and demands whatsoever, liquidated or unliquidated, now or hereafter owned by, or due, owing, payable or belonging to me or in which I have or may hereafter acquire an interest; to have, use, and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other sufficient discharges for the same; b. Power to Acquire and Sell. To acquire, purchase, exchange, grant options to sell, and sell and convey said real property or interest therein on such terms and conditions as my agent shall deem proper c. Management Powers. To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with said real property, or any interest thereon, that I now own or may hereafter acquire, in my name .and for my benefit, upon such terms and conditions as my agent shall deem proper; d: Banking Powers. To make, receive and endorse checks and drafts, deposit and withdraw_ funds, acquire and redeem certificates of deposit, in banks, savings and loan associations and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; 2. Interpretation. This instrument is to be construed and interpreted as a limited power of attorney. The specific powers herein granted to my agent are limited to control over the above-described real property and monies generated from it. 3. Third Party Reliance. Third parties may rely upon the representations of my agent as to all matters relating to any power granted to my agent, and no person who may act in reliance upon the representations of my agent or the authority granted to my agent shall incur any liability to me or my estate as a result of permitting my agent to exercise any power. 4. Disability of Principal. This Power of Attorney shall not be affected by my disability. 5. Fiduciary Powers. Notwithstanding any other provision of this l;'ower of Attorney, my agent shall have no rights or powers hereunder with respect to_ any act, power, duty, right or obligation, relating to any person, matter, transaction or property, owned by me or in my custody as a trustee, custodian, personal representative or other fiduciary capacity. Dated: UJ -I ,5.I_ , ·.z ELDA MAE JQJ::INSON ( STATE OF WASHINGTON COUNTY OF YAKIMA ) ) ss: ) . The foregoing instrument was acknowledged before me this __\_l_ day of 0 C::S i)'o-M , 2002, by Elda Mae Johnson. WITNESS my hand and official seal. My commission expires: 1'::)()I.) d-0 ; .&DO 5 LINDA J. LEIFERMAN NOTARY-PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES . NOVEMBER 20, 2005 J ~ ~' ~l))") ciE'k. -s ~'fr\.d,i/"', Notary Public. May 29, 2003 Town of Firestone P.O. Box 100 Firestone, Colorado 80520 RE: Proposed Stone Ridge Metropolitan District (the "District") To Whom It May Concern: The Grant V. Niven Revocable Trust, dated March 26, 2002, is an owner of the property attached hereto ·as Exhibit A, which property is proposed to constitute the boundaries of the District. The purpose of this letter is to advise that I, Grant V. Niven, as co-trustee of the Grant V. Niven Revocable Trust, dated March 26, 2002, consent to the organization of the District. GRANT V. NIVEN REVOCABLE TRUST, dated March 26, 2002 Gran~e'n, STATE or COLO~ wo KPt-tJS.A-S COUNTY OF Sh.fu, Jt,H'.{ ) ) ss ) Subscribed and sworn to before me on this 3i?'day of May 2003, by Grant V. Niven as co-trustee of the Grant V. Niven Revocable Trust, dated March 26, 2002. "8tt.J-~ Burnett Notary Public · . State of Kansas My Appl. Expires 3 -I(,, -t{ My commission expires Stone Ridgc\Scrvice Plan JLG\251 0701.000)0617.0003 7 Notary Public ( EXHIBIT A A parcel of land being the Northwest Quarter of Section 13, Township 2 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, County of Weld, State of Colorado, EXCEPT that certain parcel of land described in deed recorded under reception no. 2694995, being more particularly described as follow: Beginning at the northwest corner of said Northwest Quarter of Section 13; Thence South 89°31 '25" East along the north line of said Northwest Quarter, a distance of 2699.37 feet; Thence South 00°06'24" East along the east line of said Northwest Quarter, a distance of 2213.38 feet; Thence along the north and west lines of said parcel of land described in deed recorded under reception no. 2694995 the following two courses: I. North 89°53'17" West, a distance of 420.00 feet; 2. South 00°06'2:4" East,_ a distance of 420.00 feet; Thence North 89°53'17" West along the south line of said Northwest Quarter, a distance of 2260.92 feet; Thence North 00°30'11" West along the west line of said Northwest Quarter, a distance of 2650.68 feet to the Point of Beginning, containing 6,930,568 square feet, or 159.104 acres, more or less. M:\Clienl Files\Stoneridge\Service PlnnlExhibit A -legnl Description.doc EXHIBITE Engineering Estimates Oescrintion Stoneridge Metro.xis Reference Stoneridge Metro JB STONERIDGE METROPOLITAN DISTRICT PUBLIC IMPROVEMENTS ESTIMATE OF PROBABLE CONSTRUCTION COSTS 3-29.04 lltem I Unit ! Unit Qh,1 UnitCost 1 1 of2 Extension ......... 21,000:00 Last Printed on 3/2912004 at 8:30 AM ( Descrit1tion !Item 1Unit I Unit Q 'I Unit Costl Extension Stoneridge Metro.xis Reference Stonerldge Metro JB Total of Above Items Contingency@ 10% of Total Construction Management@ 3.33% of Total TOTAL PROJECT PUBLIC IMPROVEMENTS c> 2 of2 5,354,623.26 535,462.33 178,308.95 $6,068,394.54 Last Printed on 3/29/2004 at B:30 AM March 29, 2004 Town of Firestone 151 Grant Street Firestone, CO 80520 Re: Proposed Stoneridge Metropolitan District To Whom It May Concern: -~ Peak Civil Consultants Civil Engineering and Land Development Services I, Robert Kelsey, a Registered Professional Engineer in the State of Colorado, have reviewed the Stoneridge Metropolitan District Public Improvements Estimate of Probable Construction Costs within the proposed Stoneridge Metropolitan District area. The estimate was prepared by Jerry Bouldin of STF Land Development Consultants, Inc. The estimate was based upon the following assumptions: 1. The quantities for each item are based upon a preliminary version of the Final Utility Plans for Stoneridge Subdivision dated 12/05/03, prepared by Peak Civil Consultants, Inc. Quantities for Sable Avenue are based upon a preliminary version of the Sable Avenue Construction Plans dated 8/15/03, prepared by Peak Civil Consultants, Inc. Landscape quantities are based upon preliminary landscape plans prepared by Staller & Henry, Inc. 2. Unit costs were based upon recent bid cost for similar projects. Based upon these assumptions, I believe the Public Improvements Estimate of Probable Construction Costs contained within the Service Plan for Stoneridge Metropolitan District is reasonable for the public improvements portion of this project. Additionally, I have reviewed the exhibits of the location of public improvements within the Service Plan for the District (Streets, Storm Sewer, Sanitary Sewer, and Water Main) and believe the exhibits represent the conceptual design of the public improvements prepared by Peak Civil Consultants, Inc. Cc. Jerry Bouldin, STF 2828 Speer Blvd., Suite 201 • Denver, Colorado 8021 I • Phone: 720.855.3859 • Fax: 720.855.3860 I EXHIBITF Location of Public Improvements ---------- ,- t";) ' ' ' l r1 ' I C, I <l ' ' I I ' I --------!. ' 'DI: Cl STONERIDGE ' WATERLINE EXHIBIT i J N.T.S. L----------:::==~::;::::;:::::;::;::::;::;::;::;:::::~::;:::;:==---=----=---=-------~ ;:;::_, :::;:::::;:::::::;:::, ~- 1 \ ) SJ ------------ -··-·-·-. -··---;:: fl " ' : ! : : ' ' I STONER I OGE SIDEWALKS, STREETS, & TRAILS EXHIBIT N.T.S. j I ' ----...&.....----------- . I --------------. -------------------------------------~----------- ' R ., '-'-=="" "' N.T.S. STONER I OGE STORM SEWER EXHIBIT I ---' ~~· ..J: i D ! : ! i i i I -r-',· i j LJ I I " ' ----------·-------------- ------------------------------------ . ~ B ,- I.'? ' I : n ' ' " ' <J I ' i i ' i : -------------· EXIST. SANITARY SEWER STONER/OGE SANITARY SEWER EXHIBIT N.T.S. '' 't-'---'---'---'-.L_...l..._J _________ Jjr· ----~====r=r=n=rTi=~~~=====b:;:=:==-·- •.· ' ,,_ ,l ! ! --I· i D ::::: ·---T-;;, _______ _:_J! I r7 :,• ' U I 11--zl ---i1 -Hi· 11-~ --,_i '!.] ::==: ------------ -------------------------------- ' R .. L::c...!="-< ,-r ,.., : ' ., ' " I " <J I l I i I ' i ' I------' N.T.S. STONERIDGE IRRIGATION PIPE EXHIBIT ( EXHIBIT G Financing Plan Forecasted Cash Surplus Balances and Cash Receipts and Disbursements Market Projection Consultant's Analysis (to be provided) Form of Developer's Letter in Support of Market Projections Accountant's Report Petitioners for Formation of Town Trustees Stoneridge Metropolitan District Town of Firestone Weld County, CPllE LIMI N All vty, Colorado We have compiled the accompanying forecasted cash surplus balances and cash receipts and disbursements of Stoneridge Metropolitan District (the "District") (in the Formation Stage of Development) as of the date of formation and for the calendar years ending through 2037, in accordance with attestation standards established by the American Institute of Certified Public Accountants. A compilation is limited to prDnRth~oFo~forecast, information that is the representation of the Petitioners for Formation of the District (collectively, "Management") and does not include evaluation of the support for the assumptions underlying the forecast. We have not examined the forecast and, accordingly, do not express an opinion or any other form of assurance on the accompanying schedules or assumptions. However, we did become aware of a departure from the guidelinesSlse ation i~cEs est~b~ed by the American Institute of Certified Public Accounta ts ic : sc b~i~ e oll mg paragraph. Furthermore, there will usually be differe1ic. l:l wet:m..rr re.lste and a.alal results, because events and circumstances frequently do not occur as expected, and those differences may be material. We have no responsibility to update this report for events and circumstances occurring after the date of this report. As discussed in Note 4, the forecast is prle eBn the cash basis of accounting, whereas the historical financial statements for the foreca p. :o are expected to be presented in conformity with generally accepted accounting prinC:1 e · the accrual basis for government wide statements and the modified accrual basis for individual fund financial statements for all funds of the District by fund type. Guidelines for presentation of a forecast established by the American Institute of Certified Public Accountants require disclosure of the differences resulting from the use of a different basis of accounting in the forecast than that expected to be used in the historical financial statements for the P.eriOJ!-~ielng~if the,;.!..<: CNresentation guidelines were followed, the forecast wouili,.~i~re' ti\\t se i!fif rte surplus cash balances and the cash received and disb.w:?ecl!ther an d.. afflnl!!:s~end.re enue and expenditures that would be recognized under generally accepted accounting principles based on the accrual basis and the modified accrual basis of accounting. Greenwood Village, Colorado March 29, 2004 Assessed Yenr Value {from Page 5) 2004 0 2005 87,000 2006 579,976 2007 1,598,640 2008 2,800,546 2009 4,052,705 2010 5,402,549 2011 6,300,058 2012 6,426,060 2013 6,426,060 2014 6,554,581 2015 6,554,581 2016 6,685,672 2017 6,685,672 2018 6,819,386 2019 6,819,386 2020 6,955,773 2021 6,955,773 2022 7,094,889 2023 7,094,889 2024 7,236.787 2025 7,236,787 2026 7,381,522 2027 7,381,522 2028 7,529,153 2029 7,529,153 2030 7,679,736 2031 7,679,736 2032 7,833,331 2033 7,833,331 2034 7,989,997 2035 7,989,997 2036 8,149,797 2037 8,149,797 STONERIDGE METROPOLITAN DISTRICT (IN THE FORMATION STAGE OF DEVELOPMENT) FORECAST-t:D CASH SURPLUS BALANCES AND CASH RECEIPTS AND DISBURSEMENTS ~u~;f°lf NA~RRJ\l037 AS OFPRJ4,;T~N "i"" or ' fLjfD . CASH RECEIPTS \ • Not Specific Developer's Capitalized Mill Levy Total Property Ownership Advances -Interest from Debt Admin/ Mill Taxes Taxes Operations & Bond Proceeds Service O&M Levy 98.00% 10.00% Organization (from Page 6) 0.000 0.000 0.000 DAAfllooo 0.000 5.000 5.000 4 3 ,000 0.000 5.000 5.000 :, ,84i 28 28,000 0.000 5.000 5.000 7,83 3,000 348,030 35.000 5.000 40.000 109,781 10,978 35.000 5.000 40.000 158,866 15,887 35.000 5.000 40.000 211,780 21,178 35.000 5.000 40.000 246,962 24,696 35.000 5.000 40.000 251,902 25,190 35.000 5.000 40.000 251,902 25,190 35.000 5.000 40.000 N l~BJ3i CT 35.000 5.000 40.00 25 94 2 35.000 5.000 :~:~~~ 26 :~ ;~~;,J 35.000 5.000 35.000 5.000 40.000 267,320 26,732 35.000 5.000 40.000 267,320 26,732 35.000 5.000 40.000 272,666 27,267 35.000 5.000 40.000 272,666 27,267 35.000 5.000 40.000 278,120 27,812 35.000 5.000 40.000 278,120 27,812 35.000 5.000 40.000 283.682T~8 35.000 5.000 40.000 283,682 8,3 35.000 5.000 40.000 289,356 8,~t 35.000 5.000 40.000 289,356 11:9 6 35.000 5.000 40.000 295,143 29,514 35.000 5.000 40.000 295,143 29,514 35.000 5.000 40.000 301,046 30,105 35.000 5.000 40.000 301,046 30,105 35.000 5.000 40.000 307,067 30,707 35.000 5.000 40.000 307,067 30,707 35.000 5.000 :~ lEYISOCON 35.000 5.000 35.000 5.000 40.0 35.000 5.000 40.00 8,134,487 813,449 131,000 348,030 Interest To1al Income Receipts 1.50% (to PDRC 3) 0 50,000 0 30,469 7 31,133 15 379,662 5,242 126,001 3.452 178,204 2,368 235,326 2,071 273,729 2,280 279,372 2,039 279,130 1,740 284,373 1,545 284,179 1,530 289,816 1,656 289,943 1,668 295,720 1.735 295,787 1,699 301,632 1,806 301,739 1,820 307,752 1,914 307,846 1,927 313,978 1,960 314,010 1,929 320,220 1,936 320,227 1,896 326,553 1,913 326,570 1,826 332,977 1,820 332,970 1,731 339,504 1,746 339,519 1,626 346,154 1,637 346,166 1,540 352,959 1,529 352,948 59,602 9,486,568 This financial information should be read only in connection with the iiccompanying Summary of Significant Forecast Assumptions and Accounting Policies and Accountant's Report. G:\4\41399\accmv\projec1\2004 Fom:ast\Stoncridgc 032904 Page 2 Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 Printed: Jn9n004 Total Year Receipts /from Paoe 21 2004 50,000 200S 30,469 2006 31,133 2007 379,662 2008 126,001 2009 178,204 2010 235,326 2011 273,729 2012 279,372 2013 279,130 2014 284,373 2015 284,179 2016 289,816 2017 289,943 2018 295,720 2019 295,787 2020 301,632 2021 301,739 2022 307,152 2023 307,846 2024 313,978 202S 314,010 2026 320,220 2027 320,227 2028 326.553 2029 326,570 2030 332,977 2031 332,970 2032 339,504 2033 339,519 2034 346,154 203S 346,166 2036 352,959 2037 352,948 9.486.568 STONERIDGE METROPOLITAN DISTRICT (IN THE FORMATION STAGE OF DEVELOPMEITT) FORECASTED CASH SURPLUS BALANCES AND CASH RECEIPTS AND DISBURSEMENTS DISBURSEMENTS Available Repayment of Annual Administration for Debt Service Developer's Adv.• Cash & Operations & Repayment of Debt Service Opcra1ions & Surplus 2.0% Develoocr's Advance (from Page 6) Omanization 50,000 n•10 ~lfT 0 30,000 %9 469 30,600 348,! 533 31,212 0 348,450 J1:sJ6 94,165 204,000 9,500 (119,335) 32,473 145,73 I 204,000 14,000 (72,269) 33,122 202,203 204,000 18,000 (19,797) 33,785 239,944 204,000 22,000 13,944 34,461 244,911 239,000 22,000 (16,089) 35,150 243,981 241,900 22,000 (19,919) 35,853 ("i us,si,1, »Jt~c1~f~ (12,979) 36~70 rs :~ (991) 37,301 52~15 8,415 38.047 s ,:&95' -z~o 79S 38,808 256,912 252,500 4,412 39,584 256,202 258,600 (2,398) 40,376 261,256 254,100 7,156 41,184 260,SSS 259,600 95S 42,007 265,745 259,500 6,245 42,847 264,998 264,100 898 43,704 270,;t rOf 0 2,173 44,578 269,4 2 00 (2,068) 45,470 274,750 27 00 450 46,379 273,848·· ,500 (2,652) 47,307 279,246 278,100 1,146 48,253 278,317 284,100 (5,783) 49,218 283,758 284,200 (442) 50,203 282,767 288,700 (5,933) 51,207 288,297 287,300 997 52,231 287,288 295,300 (8,012) 53,27 lFi'2 ·1~2~0N 779 S4,34 (6,475) 55,42 k;~I (768) 56,53 . 496.4 2 (10.988) 1,433,347 8,053,221 7,831,300 131,000 90,921 Pnge 3 Cumulative Cash Surplus Year 0 2004 469 2005 1,002 2006 349,452 2007 230,117 2008 157,848 2009 138,051 2010 151,996 2011 135,907 2012 115,987 2013 103,008 2014 102,017 2015 110,432 2016 111,227 2017 115,640 2018 113,242 2019 120,397 2020 121,353 2021 127,597 2022 128,495 2023 130,669 2024 128,601 2025 129,051 2026 126,398 2027 127,545 2028 121,762 2029 121,320 2030 115,388 2031 116,385 2032 108,373 2033 109,152 2034 102,677 2035 101,909 2036 90,921 2037 This financial infonna1ion should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and Accountant's Rcpon. 0;\4\42l99\acuerv\projcct\2004 Fom:u1\S1oncridgc 032904 Printed: 3/29/2004 Construction Collection Year Year STONERIDGE METROPOLITAN DISTRICT (IN THE FORM,\ TION STAGE Of DEVELOPMENT} FORECASTED CASH SURPLUS BALANCES AND CASH RECEIPTS AND DISBURSEMENn SCHEDULE OF ESTIMATED ASSESSED VALUATION {cont;nued} " l-, ..Afl..Es1imatcd Custom Value of Revaluation Voluation Residential Homes Value per New SF per State ofNcw Assessment Residence Residences S1otutc Residences Rate $200 000 2% lnnation compounded annually on base price 2% 2002 2004 0 0 7.96% 2003 200S D·"~ET 0 7,96% 2004 2006 IS 3,060,000 7.96% 200S 2007 l8 8,64 15,128,640 7.96% 2006 2008 68 21 ~ 5¥29 . . 302,S.7,J 29,863,642 7.96% 2007 2009 7J 216,486 15,803,510 45,667,151 7.96% 2008 2010 72 220,816 15,898,764 913,343 62,479,258 7.96% 2009 2011 74 225,232 16,667,204 79,146,462 7.96% 2010 2012 229,737 0 1,582,929 80,729,391 7.96% 2011 2013 234,332 0 80,729.391 7.96% 2012 2014 1,614,588 82,343,979 7.96% 2013 201S 82,343,979 7.96% 2014 2016 ~ UBJE·rss~ 1 ,, ... o.s,s 7.96% 201S 2017 83,990,858 7.96% 2016 2018 ;.,_..I' , ~ 85,670,675 7.96% 2017 2019 85,670,675 7.96% 2018 2020 1,713,414 87,384,089 7.96% 2019 2021 87,384,089 7.96% 2020 2022 1,747,682 89,131,771 7.96% 2021 2023 89,131,771 7.96% 2022 2024 1,782,635 90,914,406 7.96% 2023 202S 90,914,406 7.96% 2024 2026 1,818,288 92,732,694 7.96% 2025 2027 To ,.s,._.,, 92,732,694 7.96% 2026 2028 94,587,348 7.96% 2027 2029 94,587,348 7.96% 2028 2030 1,891,747 96,479,095 7.96% 2029 2031 96,479,095 7.96% 2030 2032 1,929,582 98,408,677 7.96% 2031 2033 98,408,677 7.96% 2032 2034 1,968,174 I 00,376,8S0 7.96% 2033 203S I 00,376,8S0 7.96% 2034 2036 2,007,537 102,38tl,387 7.96% 203S 2037 RE "i TT CT 01')""·387 7.96% 360 W,.,o.,ll i.:j ll.,,;7 .1. Page 4 Residential Assessed Valuation 0 0 243,576 1,204,240 2,377,146 3,635,105 4,973,349 6,300,058 6,426,060 6,426,060 6,554,581 6,554.581 6,685,672 6,685,672 6,819,386 6,819,386 6,955,773 6,955,773 7,094,S89 7,094,889 7,236,787 7,236,7J7 7,381,522 7,381,522 7,529,153 7,529,153 7,679,736 7,679,736 7,833,33 I 7,833,331 7,989,997 7,989,997 8,149,797 8,149,797 This financial informalion should be rcod only in connection with the occompooying Summary orSignificoot Forceast Auumptions ond Accounting Policies and Accountan1's Repon. G:'4\42J99\accserAproject\2004 Forecas1\S1oncridgc 032904 Printed: 3n9/2004 G:\4\42l99\aeewvlfl1t1ject\2004 Forecui\SLOnerid,;e 032904 STONERIDGE METROPOLITAN DISTRICT {fN Tl!E FORMATION STI\QE OF DEVELOPMEl'rr} FORECASTEO CASH SURPLUS BALANCES AND CASH RECEIPTS AND DISBURSEMENH ~1=~--~ Conscruction Collcc1ion Year Year 2002 2004 2003 2005 2004 2006 2005 2007 2006 2008 2007 2009 2008 2010 2009 2011 2010 2012 2011 2013 2012 2014 2013 201S 2014 2016 2015 2017 2016 2018 2017 2019 2018 2020 2019 2021 2020 2022 2021 2023 2022 2024 2023 2025 2024 2026 202S 2027 2026 2028 2027 2029 202S 2030 2029 2031 2030 2032 2031 203) 2032 2034 2033 203S 2034 2036 2035 2037 Finished Lots $20.000 Cumulative Actual Value 0 0 Assessed Valuation 29% :~fa>Rt\': · i· · .o~r zOOlOoo 6 • I' 61),ooo ,od!l,o ,i,o.oo 0 87,000 336,400 394,400 423,400 417,600 429,200 (20,000) 72 1,440,000 40,000 74 1,480,000 (1,480,000) 0 0 0 0 0 0 0 0 SUBJE~T 0 0 0 0 0 0 TO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TIV"'lTTSIONO .J.. '-; h,I 't' A . _ Page S TOTAL Assessed Valuation 0 87,000 579,976 1,598.640 2,800,546 4,052,705 5,402,549 6,300.058 6A26,060 6,426,060 6,554,581 6,554,581 6,685,672 6,685,672 6,819,386 6,819,386 6,955,773 6,955,773 7,094,889 7,094,889 7,236,787 7,236,787 7,381,522 7,381,522 7,529,153 7,S29,ISJ 7,679,736 7,679,736 7,833,331 7,833,331 7,989,997 7,989,997 8,149,797 8,149,797 This financial information should be rc:od only in connection with the accompa.nying Summary of Significant Force11s1 Auumptions and Accounting Policies and Accountant's Report. Printed: Jn9n004 Q;\,,l\,,12J~jca\2004 Prvj~ion\Sumcrid;c 012904 STONERIDCE METROPOLITAN DISTRICT (IN THE FORMATION STA OE OF DEVEl.OPMENT) FORECASTED CASH SURPLUS BALANCES AND CASH RECEIPTS AND DISBURSEMENrrr~s'-,c-=:c,-, I Page 6 DEBT SERVICE ..,,.... ~ !ff ~S D E · OR,TION D · ' 'D . RS 2007 2008 2009 2010 2011 2012 2013 2014 201$ 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 20)5 2036 2037 .......... 7 Bon luue Juued: December J, 2007 ln1erest Rate: SJ,400,000 Principal Coupon Interest Total 6.00% 0 0 6.00% 204,000 204,000 DllAil·.. ; :qoo;,_ Di T;::: 0 , 0 2 • a, 204.000 J!i,000 . . • 239,000 40,000 6.00% 201.900 241,900 40,000 6.00% 199,500 239,500 50,000 6.00% 197,100 247,100 50,000 6.00% 194,100 244,100 60,000 6.00% 191,100 251,100 65,000 6.00% 187,500 252,500 iju ,lJ i~~c r:l~!: i?"]i 6:00 f 9.S 2J.2l.,OO 100,000 6.00% 164,100 264,100 110,000 6.00% 158,100 268,100 120,000 130,000 140,000 150,000 165,000 175,000 190,000 200,000 220,000 2)0,000 250,000 265.000 290,000 3,400,000 liswncc Costs 6.00% 151,500 6.00% 144,)00 6.00% 136,500 6,00% 128,100 6.00% 119,100 :~rrcr~: 6.00% , 8'1,)00 . .. 6.00% 5~00 6.00% 6.00% 6.00% 6.00¾ 62,100 48,300 33,300 17,400 4,431.JOO 150,000 136,000 ),400,000 271,500 274,)00 216,500 278,100 284,100 284,200 288,700 287,)00 295,)00 292,100 298,JOO 298,300 307,400 7,831,300 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 202) 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 20)6 20)7 This fi1111ncial information lhould be read only in connection with lhc accompanying Summ111y ofSiillifieant Fon:east Assumptions and Accounting Policies and Accoununl', Repon. Printed: Jn9n004 STONERIDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES March i9, 2004 NOTE 1) NAtJjftl1LAffli}1flO~fJlR \T This forecast of ln-ancrnl m~fJon 1}ror ilie putpo/e J a financrnl analysis of the proposed financial plan of Stoneridge Metropolitan District (the "District") (in the Formation Stage of Development). It is to display how the proposed facilities and services are to be provided and financed. This financial forecast presents, tebesrknoTdin~t.lief of Management of the District, the District's _expected cas_h posi o ~ es~:11 o _ .ash.eceipts and disbursements for the forecasted penods. Accordmgly, llie orec~ r~flects anagement's Judgement, as of March 29, 2004, the date of this forecast, the expected conditions within the District and the District's expected course of action. The assumptions disclosed herein are those that Management believes are significant to the forecast, however, they are ~a1m11flUD. ~r~~Ul!tlf~Yl still be differences between forecasted and actual result , eluse _i~~ n_eti"imstan~s frequently do not occur as expected, and those differenc ma'1fe ma~a . "'--" A The forecast is expressed in terms of 2004 dollars, with the only adjustments for inflation as follows. The market values of residential properties are forecasted to increase 2.00% per year, starting in 2004 through build-out. The market values of residential properties are forecasted to increase 2.00% biennially pursuant to the r,e~r&1 of property required by State statute. The residential assessment ratio is assumed to r~aiV¾_:~stant for collection year 2006 and beyond, based upon information as explained in No-re'-5. i\il"ministration and operations are assumed to increase by 2.00% per year beginning in 2006. NOTE 2) ORGANIZATION The Peti_tioners for the form~ln~ ... }Js;fp.~fll.pi~J corporation a_nd _a pol_itical subd1v1s10n of the State oi"Colo~•~y;~-'ih~o~~?;;rgamzat10n. The D1stnct will be governed pursuant to provisions of the Colorado Special District Act (Title· 32). The District will operate under a Service Plan to be approved by the Town of Firestone (the "Town"). The District's service area is anticipated to contain approximately 158 acres of real property, located entirely in Weld County, Colorado, within the Town. The District is being established to provide financing for the design, acquisition, installation and construction of certain streets, traffic and safety controls, street lighting, water, sanitary sewer, landscaping, storm drainage and park and recreation improvements and facilities. The operation and maintenance of these services and facilities is anticipated _to be provided by other entities and not by the District. 7 STONERIDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES March 29, 2004 NOTE 2) of!WIJNJi(conru~)/117'.T A Dy As set forth in this foret~Jt;oilie'11i )orllted tJ-isle'~o~ofh> of clebt with one bond issue. However, the draft service plan may have a higher debt amount to allow for an under estimate of valuations in this forecast. Formation of the District is intended to be timed to allow for the proper legislative, judicial and electio~ p~ocess to be completedo· rdiftr&J· e 0~~\~tl' q]ectors to b~ able to v?te for the authonzatJon of debt and TABO TI• s n ~1120 · , and to certify tax levies for tax collections in 2005. The Petition expe avlJrabl approval at the election since they constitute the majority of the current eligible electors within the proposed District's boundaries. NOTE 3) PETITIONERS FOR FORMATION The Petitioners for Formati~n;JhJJ>.icJrrFn,,:1s~he company that intends to develop the property include~th,;;4;1'l,"6'/tdfril-~f ill'e·J:lisJL'. The Developer is Best Buy Homes Colorado, Inc. The landowners are The Grant V. Niven Revocable Trust, dated March 26, 2002, The Margret L. Niven Revocable Trust, dated March 26, 2002, and the Elda Mae Johnson and The Elizabeth N. Doores Trust, dated October 8, !996. The Developer anticipates developing approximately 158 acres within the District. The Developer has provided the informati~~ the number of units estimated to be built each.Year and the initial sales values for ilif ~e'iaEtial properties to be developed each year, based upon their knowledge and experience in developing other properties. The Developer anticipates that sales values wilJ be increased by 2.00% for each year starting in 2004. NOTE 4) BASIS OF At[1ou~-vi ~. 0 N The basis of accounting fo~tc1ist 1s th c¼~fLs, wliicl is a basis of accounting that is different from that allowed by the generally accepted accounting principles under which the District will prepare its financial statements. 8 STONERIDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES March 29, 2004 NOTE 5) P~@ts]).RrS IM· I [1'.T A D V The primary sourfofrevenue or !n1eceJts wil · 1ie-Jd JM~~-lxes. Property taxes are determined annually by the District's Board of Directors and set by County Commissioners as to rate or levy based upon the assessed valuation of the property within the District. The Weld County Assessor determines the assessed valuation. The levy is expressed in terms of mills. A mill is 1/1,000 of the assessed valuation. The forecast assumes that the District will be able to set its initial mill levy at 5 .000 mH· o~uj~ct~? iJJ!2~Q,~11;0ugh 2007 for administration and operations. The initial mill levy i ~ r •~tc¥e '.i_40.000 mills for collection in 2008 and throughout the term of the ore ca¼ penod, for the combined purposes of debt service, administration and operations. The Gallagher Amendment states that residential assessed values Statewide must be approximately 45% of total assessed values. When the market values of residential property increase faster than the valu~lfIIFBtia:Fp:11,r,"th~-smential assessment ratio must decline to keep the 45 percen\2jPci1BJ _J 1 '--" l According to information as set forth in the Colorado Legislative Council Staff Forecasts entitled "Assessed Values and Property Tax Projections" issued in December 2003, the residential assessment rate is projected to decline from its current 7.96% in 2003 (for collection in 2004), to 7.64% in 2005, 7.43% in 2007 and 7.13% in 2009. The projections of the Legislative Council Staff are estimates o_nly, do not have the foT.~awynd may or may. not occur as projected. This forecast has included the current res11:le~f assessment ratio of 7.96% effective for collections in 2006 and throughout the term of the forecast period, since it is assumed that the District's Board will increase the mill levy, (as is anticipated to be allowed under the District's Service Plan and the election questions, up to the adjusted Mill Levy Cap as specified in the District's Service Plan), to maintain a mill levy that produces tax revenue in relation to current assessed valuation equivalRJe;ui_g7n-emtethj)I1jrmi,11~of 40.0 mills as forecasted for collection year 2008. l' } ~ V 1 ~ The assessed valuation for the District is dependent upon the build-out schedule of the residential properties within the District. Management of the District has based the estimate of build-out on their forecasted build-out schedule. The forecasted development build-out schedule and conversion to assessed valuation is presented as a schedule (see pages 4 and 5). The assessed valuation rate for raw ground and developed lots is 29% until a home is constructed. All residential property has been assumed to be assessed at the residential property rates as explained above. 9 STONERIDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES March 29, 2004 NOTE S) Pypt.iA$:IDS (cm1tiy1f!J'-T A D V Increases to valuatiun-f~Mtvelp&At~f iIJ}as ruituil ~;Jrn,l~isict for finished lots held for build-out are included in the forecasted assessed valuation. No assessed valuation has been assumed for State Assessed property that may be owned by public utilities within the District. The property taxes resultant fro~!~--· . a~':1.mil 1.~"ftn1\l~~essed valuation has been reduced for the Weld County Treasurer's ~ .5 _l~~ft, n j_ the taxes, and further reduced by 0.5% to allow for uncollectible taxe . NOTE 6) SPECIFIC OWNERSHIP TAXES Specific ownership taxes are liet,btth!StlJ!tt;.an1· coH<>ftJP•&)I /hj~ounty Treasurer primarily on vehicle lic,ensing within the C~ • a . iwll'oJ .. iM sP.ecific j'.'.nership taxes are allocated by the County Treasurer to all hxin t1t1 ~t mllfhEif &ut!'ty. The forecast assumes that the District's share will be equal to approximately 10% of the property taxes collected. The forecast also assumes that the specific ownership taxes may be needed to fund general operations and may not be entirely pledged to debt service. NOTE 7) DEVELOPER ADVANCI[ 0 The forecast assumes that the Developer will advance funds to the District for organization and operations costs and may be reimbursed from bond proceeds for organization costs. The estimated Developer's Advances -Operations & Organization, as well as estimated repayments of Developer's Advances-Operations & Organization from surplus cash balances, are shown on the Summary pages of the RsE VI s 10 N 10 STONERIDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES March 29, 2004 NOTE 7) DUif~IAN~ESV]tinuml\..T A_ R ,, . The forecast alsAssumes th~lie i1ev'1Jer l1A/vaJe~ncls neJled for construction costs to the District (see Note I 0). To the extent that bond proceeds are available for construction payments in any year, the Developer advance would be reduced accordingly. In addition, to the extent that there are surplus cash balances that can be applied towards reducing any Developer advance without creating future cash deficits, the Developer advances will be reduced accordingly. The forecmJNTJJ diilai:j1~JriFeipts for Developer advances for construction costs and bonds projecffl _r'if ~e fo':I_Qnst~tion costs nor cash disbursements for construction costs. Accordingif, tlie forecas assumes that any Developer advances for construction would be repaid from bond proceeds and that construction costs would be funded by Developer advances and / or bond proceeds. Any Developer advances which could not be reimbursed would be treated as Developer contributions. Developer notes would be stJa.(Ctured und"e11lm!S"Of y~~tll Plan. 'be general obligations of the &ed o w_je~ iestJ_ NOTE 8) INTEREST INCOME Such notes would not The forecast includes interest income earned on monies that are forecasted to be on deposit or invested by the District at the prior year-en"draoest rate of 1.50%. NOTE 9) ADMINISTRATION AND OPERATIONS DISBURSEMENTS Administrative expenditures include the services necessary to maintain the District's administrative viability such as legal, accounting and audit, general engineering, insurance, banking, meeting expense,a·. otlre7'1a'Q!llipistrail_vei e~eIISesll!inistrative costs have been included _ in the for:cast so'fbn9 _°m.F 29£f(tln~~/iing _ os costs associat_ed with the orgarnzat1on of the D1stnct and n'n Bem~ reducecl1'6$3~ · m 20 5. Begmnmg m 2006 these disbursements have been increased for inflation by 2.0% per year throughout the term of the forecast. These administrative services are necessary as long as bonds are outstanding throughout the life of the District. 11 STONERJDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES March 29, 2004 NOTE IO) INWBUFURE IM:PRVEl'MEN\.8fAR )' The estimated cc! of · e capniJ-lf~lJturelmJo~Jn s o l'ie fiindeo under the Plan is approximately $6,068,395, plus approximately $150,000 to be paid to the Town to finance street, park or recreational capital improvements, as expressed in 2004 dollars. The forecast assumes that the Developer will advance funds for all infrastructure costs and be reimbursed from bond proceeds to the-extent bonds can be issued, which may be less than the total eligible costs (see Note?)._ . DRAF.T The capital infrastructure costs per the engmeenng estimate exceed the amount that can be reimbursed to the Developer under this Plan. Management expects that the District will allow the Developer to: either advance funds to the District; or to actually construct the improvements under the District's supervision, for reimbursement by the District upon completion of the improvements to the extent bondable; or to contribute funds to the District, should costs exceed the District's capacity for repayn:ienr <Jfsuclc<l\its-1':hJ: retfllI:,J)l]ement of any additional costs is subject to the District's auth ~d &b _'j.ei:f~~t _\reve !e available to the District. The amount of infrastructure cosUot tJiaB e w~Hin t~mits'of½e proposed Service Plan would remain a responsibility of the Developer. There may be additional construction costs in the future. NOTE 11) DEBT SERVICE T Q The District anticipates issuing general obligation onds on December I, 2007 in the amount of $3,400,000. The proceeds of such debt will be used for issuance costs, capitalized interest, and to fund the cost of capital infrastructure improvements or to reimburse the Developer for the advancement of those funds to the extent possible (see Note 7). The bonds are assumed to bear interest at an estimated rate of 6.0% payable semi-annually on June I and December I, with annual principal payments A' e!r.\-1e11! <Jfeac.lJl:~alilrjI~b mlJ,. anticipate starting interest repayments on June I, 200 iirl . t ,e~ehea'ul~m!ruqtie -/'Rdyable over a 30 year period . '-.,_._.., .. JII. .A.."I with the final payment on Deceml5er , 2037. -- Assumptions related to debt principal amounts, bond interest rates, issuance costs, capitalized interest amounts, and other related debt service costs for the proposed Series 2007 Bonds have been provided to Management by Kirkpatrick, Pettis, Smith, Polian Inc., the proposed underwriter of the proposed bond issuance of the District. This information should be read in connection with the accompanying Accountant's Report and forecast of financial information. 12 Mar 27 2004 10:30AM BAILEY DOTSON Har 27 04 lli37a Cath~ A~otte March 26, 2004 City Officials · Towo of Firestone Colorado 151 Grant Avenue Firestone, Colorado 80525 RE: Stone Ridge Subdivision 355 Lot Subdivision Best Buy Ho'l'es To whom it may concern: 303-751-9914 970-530-0799 In December 2003, my office prepared an appraisal of the above referenced proposed residential subdivision in ·the Town of Firestone. Per a recenl phone conversation with Bailey Dotson, the developer of the subdivision, he has asked that I provide you with the lot absorption conclusions implicit in the valuation of the property. A summary of the absorption proj eclions for the Slone Ridge development are as follows: • Pre-sales: • Year One: , • -Year Two: • Year Three: • Year Four: 98 lots; No lot sales; 49 Lots Sales in Qtr. l and· 48 Lots Sales Qtr. 3; 49 Lots Sales in Qtr. I and 48 Lots Sales Qtr. 3; 63 Lots Sales in Qtr. I Based on the preceding. in my appraisal analysis, I assumed that a total absorption period for the sell-out of all 355 lots would be 39 months from December 1, 2003, the date of Market Value "As Is". I hope the information provided above is useful and meets the needs of the Town of Firestone. If you have any questions, or requite additional information, please feel welcome to call me directly at (970) 2 J 4-8291. R s ectfully submitted, D REAL ESTATE ADVISORS, LLC I Derek R. Maunsell, MAI Principal CO. Cert. Gen. #20002154 P.O. Box 270898 • Fort Collills, Colorado 80527 (970) 267•2900 • Phone/Fax p.3 p. I Mar 27 2004 10:30AM BAILEY DOTSON BEST BUY HOMES L.L.C. Bailey E. Dotson Richard.A. Cavalli Phone Fax 303-751-9910 303-751-9914 March 29, 2004 Board of Trustees Town of Firestone P.O. Box 100 Firestone, Colorado 80502 RE: Analysis of Absorption Potentials Stoneridge development Dear TowniTrustees, 303-751-9914 1011 S. Valentia St. #36 Denver, CO 80247 email: bdchy@earthlink.net We have reviewec;j the above-referenced study cor:iducted by Derek R. Maunsell and support its findings. The analysis of Absorption Potentials also satisfactory confirms our projections and we request that it be admitted as a part of the Stoneridge Metropolitan District formation application. Please do not hesitate to call with any questions you have about this correspondence. Very truly yours, BEST BUY HOMES COLORADO, INC. A Colorado corporation . £,~_--; Bailey E. Dotson, Chief Executive Officer p.2 ( EXHIBITH Underwriter's Letter March 29, 2004 City of Firestone 151 Grant Ave. Firestone, Colorado 80520 RE: Proposed Stoneridge Metropolitan J!istrict To Whom It May Concern: As part of the service plan approval process, you have asked about the relationship between the investment bankers and the proposed Stoneridge Metropolitan District. We are engaged with the petitioners of the proposed District as described by the attached Letter of Intent. We have the intention of serving as underwriters for the District's voter authorized debt once sufficient credit support can be identified based on assessed value or guarantees provided by the landowners. The structure represented in the financing plan involves non-rated bonds issued to a third party, which we believe will be marketable based on the growth assumptions also included in this plan. In this example, the debt would be sold to institutional investors. You also requested an explanation of the level of credit risk associated with the types of financing we are considering for this District. As with most start-up special Districts, this District expects to market bonds to third parties to raise capital for infrastructure before the entire project is complete. The level of risk taken by a bondholder and the interest rate required for the financing, decrease as development occurs. Our recent special district underwritings vary from bonds sold at 8% with land in the District sold to builders and no homes constructed to refunding bonds issued with most of the homes built at interest rates of 5% with "AAA" rated insurance. In the case of "AAA" rated, insured bonds, the underlying Districts generally have debt/ AV ratios of 50% or less. Because the financing in this District is intended to pay for public infrastructure, we issue bonds as close to the time the infrastructure is needed as possible. . While this does increase the bondholders' risk, the bondholders understand that risk and are compensated in the interest rate on the bonds. With regard to the Town's risk, we know of no example where a City was implicated in special district default and see no legal argument for such implication. 1600 Broadway, Suite 1100* Denver, CO 80202-4922 * 303-764-5737 * 303-764-5768* 800-942-7557 FAX 303-764-5770 * Home Office: 10250 Regency Circle, Suite 400 * Omaha, NE 68114* 800-776-5777 Member NASO & SIPC * ssharn@kpsp.com • tbishop@kpsp.com · ( We hope this letter helps to clarify the financing alternative represented in the financing plan and the current market for special district bonds. Please call if you have any questions or require further clarification. Senior Vice President Vice President ·· Ma~ 09 2003 12:06PM I BAILEY DOTSON Kirkpiltrick Petti$ . . A Mutual of Omaha Company April I 7, 2003 Petitioners for Stone Ridge Metropolitan District c/o Bailey Dotson Best Buy Homes, LLC I 0.11 S. Valentia Street #36 Denver, CO· .$0231 I I I I l i I I i ' ! . l 3037519914 Investments Since 1925 RE: Letter of Intent -Proposed Stone Ridge Metropollfan District Dear Petitioners: '. . ' . 1 t I . j . The petitioners are in the process of organizing the propJsed Stone Ridge Metropolitan District (the "District"). Once the District is organized i is anticipated that tlle District will authorize and issue improvement and/or refunding b nds (the "Bonds") pursuant to voter-appro_ved election questions. The Petitioner des· es to engage the services of . Kirkpatrick Pettis regarding the sale of those bonds. This! letter confirms the basis upon which we intend to submit an offer to purchas~ the Bonjis from the District after it is organized. · ' Section 1. · Arrangements Before Sal"' There -~e sever~-~gements, which must be · · made before any sale of bonds can occur. These arrarlgements include, but are not . . . ~~to: l• Developing a Pia~ of Finan~e. In concert ±! bond counsel ~ Di~trict. management, Kirkpatrick Pettis will prepare a p an of expected development, . future capital improvements, revenues, expenses, d debt repayment. Once such · · a plan is prepared and approved by the Proposed lsoard. various debt structures can be analyzed within the plan to determine what fill work best for the District. . . ! Structuring. Once a financing structure has b~en selected by' the Proposed Board, the terms of the debt (such as the sourcesf4of payment, the nature of tl!e security, maturity schedule, the rights of redempti n prior to maturity, etc.) must be determined, talcing into account both the int ests of the District and the expectations of investors. j i 1600 Broadway, Sul!& 11 OD* Denver, co 80202-4922 ·* 303-7i!4Q73 * 303-764-5768* 800-9'2-7557 FAX 303-764-5TT0 * Home Office: 10250 Regency Circle, Sulla 400 * maha, NE 88114* 800,TTS-5777 Member NASO & S!PC * sam sham@klr1<patrlcl<pelljs.com * lorn blshop@kl rllickpeltis.com . . . -· : . . . . . . . . ... . . . . . . . P· 1 ti? Ma~ 09 2003 12:07PM BAILEY DOTSON Proposed Stone Ridge Metropolitan District Page2of4 I i ' f 3037519914 l . Legal Counsel. · Legal counsel· will be sele~ed Ld engaged by· the Dis~ct to prepare the legal proceedings necessary to auth~rize the debt, to assist in the preparation of disclosure documents necessary to sell the securities, and to render · certain approving opinions when the securities! are delivered. All fees and expenses of legal counsel selected hereunder shallljbe paid only from the proceeds derived upon sale of the Bonds. · . , . . \ •, l Ratings. The ratings which may be obtained f~~ the bonds are likely to have a . significant effect on the rates of interest at whichj the bonds can be sold. If it is , detennined · to be in the District's best interest to ibtain these ratings, Kirkpatrick · Pettis will assist the District in preparing and sub1itting applications to the rating . agencies along with ~tailed information about jthe .I>istrict, the debt and any credit enhancem_ent. · i . · . ' ·I". Credit Enhancement. By providing investotj; with a guarantee of timely payments on the debt, for even a limited time ~eriod, the purchase of credit enhancement can produce a net reduction in financing costs. Kirkpatrick Pettis · will assist the District in investigating the availability of bond insurance, letters of credit or other forms of credit enhancement and il!!rist the District in determining the cost effectiveness of these products. · j . . l . Discl~sure to Investors; In connection with the ifsuance of bonds by the District and the sale and delivezy of securities to ultimatelinvestors, material information about the District and. the transaction must be co~piled in a ·disclosure document· for distribution to prospective purchasers. As! set forth above under Legal Counsel, tbe -District will engage tbe service~ of counsel to assist in the · preparation of such disclosure documents and ad'1se the District and Underwriter about sales practices, regulatory requiiements, aJ!.cj security matters. If disclosure coW1sel is engaged as tbe District's counsel, Kiffe:patrick Pettis, will expect to receive the benefit of their l0(b)-5 opinion as welIJ · · In contempl~tion of subrnittfug an offer to underwritelthe bonds, we will assist the District in making these w;rangements. By accepting! this letter and accepting our assistance in making these arrangements, tbe District willlnot incur any obligation except to pay from tbe Bond proceeds the expenses as provided ift Sections 4 and 6 of this letter. Our active participation in making these arrangemenr should not and caDIIOt be_ construed by the District as a promi_se fo underwrite the ~mis or as an assurance that the bonds can be sold.-· i · ' l p.2 · Section 2. Underwriting. At such time as the arrangemtts for the sale of the securities . hav_e_ been successfully comple~ed, it is our intention to ubmit for ?onsi~eration by the Petittoners our offer to underwnte the bonds. ·our offer w I be submitted m the form of a l ~ ; ------¾-: __ . Kirkpatrick Pettis .· A Mutual of Omaha Company I I . i i \ Na~ 09 2003 12:07PM BAILEY DOTSON Proposed Stone Ridge Metropolitan District Page3 of4 I I . \ ' ' 3037S19914 bond purchase agreement and will set forth terms of thf purchase such as the rates of interest, the amount of any original issue premium rr discotmt, our underwriting compensation (not to exceed 2 percent of the principal ~unt of the bonds), and the date and conditions for delivery of the bonds. Until the DisliiC)I accepts our offer, there will be no obligation for this firm to purchase the bonds from the District. In consideration for our work performed pursuant to Section 1, above, the !District agrees that it will not consider other underwriting proposals unless Kirkpaliiik Pertis has first declined to underwrite the transaction on terms and conditions accept4hle to the District. I . Section 3. Remarketing. In the event that the District if sues bonds that are remarketed within their term, the District will have to engage a ,emarketing agent qualified to remarket the bonds on each remarketing date. If an unqerwriting agreement is reached between Kirkpatrick _Pettis and the District, Kirkpatrickj Pettis will submit an offer to serve as remarketing agent to the District for compensati):m not tc:, exceed . 25 percent of the amount of bonds annually remarketed. 1n furtb4r" consideration for our work performed pursuant to Section 1; above, the District.a~ees that as long as Kmcpatrick Pettis is the lead underwriter, it will provide Kirkpatrick P,ettis with the option to submit a proposal to act as rernarketing agent and that it will not cinsider other proposals to act as . . ' remarketing agent unless and until the Kirkpatrick Pettjs proposal for remarketing has . been rejected.. f · l . . I Section 4. Payment of Expenses, Expenses will be inqm-ed to make the arrangements for the sale of the bonds before their delivery and the re¥liPI of proceeds by the District but such expenses will not be obl,igations of the District ~nless advance authorization has· been obtafoed from the District. . All of the expenses i),.curred in connection with the authorization, sale, and delivery of the bonds, including rjtting application, Letter of credit . fees and related expenses, insurance premiums, bone!\ disclosure ·and underwriter's counsel and our out:of-pocket expens_es for any travel o~tside of Colorado shall be paid only from the proceeds derived upon sale of the Bonds. i · . . . . l Section.5. ·Not-~ Offer to Boy~ This Jetter. of.intent~s !!!l! an offer to purchase or.a guarantee that we will make an offer to purchase the Di~trict's bonds in the .future. Our offer· to purchase, if made, will only be made by a bond purchase agreement prepared by our counsel and reviewed by the District and its counsel ~fter the successful conclusion of · the pre:sale arrangements described in Section l and the icompletion of other p~lirninary ·matters. Tiris letter serves to summarize the steps we horie will lead to an underwriting of bonds at a future dste at which time both Kirkpatrick Petds and the District will incur and assume additional obligations as set forth in the bond pur}hase agreement. . ! . Section 6. Private Placement of Debt. If the Di~trict determines that a private placement of debt to developer or other parties would b!, in its best interest, the District agrees it will utilize the services of Kirkpatrick Pettis as :in advisor for a fee not to exceed p.3 1 % of the debt distributed. l i ,...# _ ___,..__,__ __ .....-: --V/ I i Kirkpiltrlck Pettis. A MUlual of Omaha Company I -·. ( Ma~ 09 2003 12:07PM BAILEY DOTSON Proposed Stone Ridge Metropolitan District Page4of4 l ! : t ~ 3037519914 • . I Section 7. Term of Letter Agreement. This letter agreement shall remain in, full force and effect until such time as the Board of Directors of the pistrict, after formal action by the Board, notifies Kirkpatrick Pettis in writing of its pitent to terminate this letter agreement, provided that no such action or noticJ: shall befeffective until after December 1, 2006. Kirkpatrick Pettis may resign as investment banl<jer to the District by providing written notification with no less than 60 days notice to the fistrict, . . l . Section 8. Acceptance. The petitioners or other autboljized officers of the developer may indicate their desire to proceed with the delivery iof these investment banking services .upon the basis set forth in this letter by executij.g one copy of this letter and returning it to us. • l I i Respectfully submitted, Kirkpatrick, Pettis, Smith, Polian Inc. : · :. ··· .Thomas R. Bishop · · ·. . . Senior "\lice Pre~icfent · · ACCEPTED thi~ da~ of April 200~: · Proposed Stone ·Ridge Metropolitan District i I ' ' ., . ~ ?, . ' i i ' · I Kirkpatrick Pettis I A Mutual of Omaha Company. p.4 EXHIBIT I Legal Counsel Letter ( DIANNE D. MILLER Town of Firestone P.O. Box 100 SANDER SCHEID INGEBRETSEN MILLER & PARISH, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 700 17'" STREET, Sum 2200 DENVER, COLORADO 80202 PHONE: 303-285-5300 FAX: 303-285-5301 __ _,200 DIRECT: 303-285-5304 Email: dmiller@ssimlaw.com Firestone, Colorado 80520 RE: Organization of Stoneridge Metropolitan District This firm has acted as counsel to the Petitioners in connection with the organization of the Stoneridge Metropolitan District (the "District"). Pursuant to the requirements ofV.m. of the Service Plan for the District, this letter confirms that the petition for organization of the District filed with the Town on _, 2004, the Service Plan for the District, as approved on --~ 200_, and the notice, hearing and other procedures in connection with the approval of the Service Plan,.have met the requirements of the Special District Act,§ 32-1-101, et seq., C.R.S., and that the provisions of the Service Plan, including, without limitation, provisions as to the structure and terms of the District's bonds, fees and revenue sources, are consistent with applicable provisions of titles 11 and 32, C.R.S., and other applicable law. Please be advised, however, that this firm has not been engaged as bond counsel to the District, nor will this firm serve as bond counsel at any time for the District. This letter does not purport to offer any opinion of the type customarily required to be given by bond counsel with regard to any bond transaction of the District. This letter is limited to the use of the addressee as set forth above, and may not be relied upon by other parties or in connection with any future sale, resale or transfer of bonds and may be relied upon only as stated herein. This letter may not be used, quoted or referred to, in whole or in part, for any other purpose without the prior, written consent of the firm Stoncridge\Service Plan JLG0906 0701.0003 Very truly yours, SANDER SCHEID INGEBRETSEN MILLER & PARISH, P.C. Dianne D. Miller EXHIBIT J Bond Counsel Letter ( Sherman & Howard L.L.c. Town of Firestone 151 Grant Avenue Box 100 Firestone, Colorado 80520 ATTORNEYS & COUNSELORS AT LAW 633 SEVENTEENTH STREET. SUITE 3000 DENVER, COLORADO 80202 TELEPHONE: 303 297-2900 FAX: 303 298-0940 OFACES IN: COLORADO SPRlNGS RENO • LAS VEGAS • PHOENIX March 30, 2004 . Re: Stoneridge Metropolitan District We have been asked to write this letter in our capacity as bond counsel to the proposed Stoneridge Metropolitan District (the "District"). The current draft of the Service Plan for the District provides as follows: "The District will pay to the Town for deposit into the Town's capital improvements fund One Hundred Fifty Thousand Dollars ($150,000.00) of the District's total net bond proceeds which shall be paid to the Town concurrently with the delivery of the Bonds. Pursuant to an agreement to be executed between the Town and the District, the funds so paid to the Town shall be used by the Town to finance improvements (whether inside or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness (i.e., streets, street lighting, traffic safety controls, water, sanitary sewer, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District." We have been asked to confirm that the foregoing is an acceptable use of bond pro_ceeds. The answer is in the affirmative. The District is specifically authorized by statute to provide improvements which benefit the District, whether such improvement are inside our outside the boundaries of the District, and to enter into intergovernmental agreements. Whether the District provides such improvements directly, or does so by contracting with the Town, does not in our view affect the validity or tax-exempt status of the bonds. We know of no reason why tax restrictions on this use cf bond proceeds would differ from tax restrictions generally applicable to other governmental bond issues for capital purposes. Town of Firestone, Colorado March 30, 2004 Page 2 The foregoing presumes that the improvements are of the type the District is permitted to provide under the Service Plan and organizational documents, and are of benefit to the District and its residents. As with all bond issues, as a condition of giving our opinion on the bonds, we would need certification as to the use of all proceeds, including these proceeds. Such certification would be requested from the District and possibly from the Town, depending upon the circumstances; however, if the Town enters into an agreement to so apply such proceeds, we would rely upon the Town's promises thereunder unless we had knowledge that other factors called that reliance into question. I hope this responds to your request. If you have further questions, please feel free to call me. Sincerely, ~HEWARD L.L.C. Blake T. Jordan, Esq. ( . EXHIBITK Part I -Developer Indemnity Letter Part II -District Indemnity Letter Town of Firestone P.O. Box 100 Firestone, Colorado 80520 June 2, 2003 RE: Stoneridge Metropolitan District Ladies and Gentlemen: This Indemnity Letter (the "Indemnity Letter'') is delivered by the undersigned Best Buy Homes Colorado, Inc., a Colorado corporation ("Best Buy") in order to induce the Town of Firestone (the "Town") to approve the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the Stoneridge Metropolitan District (the "District"). In consideration of the Town's approval of the Service Plan, Best Buy, for and on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the Town as follows: 1. Best Buy hereby waives and releases any present or future claims it might have against the Town or the TClwn's elected or appointed officers, employees, agents or contractors in any manner related to or connected with the Service Plan or any action or omission with respect thereto. Best Buy further hereby agrees to indemnify and hold harmle\s the Town and the Town's elected and appointed officers, employees, agents and contractors, from and against any and all liabilities resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any third party, including attorneys' fees and expenses and court costs, which directly or indirectly or purportedly arise out of or are in any manner related to or connected with any of the following: (a) the Service Plan or any document or instrument contained or referred to therein; or (b) the formation of the District or any actions or omissions of Best Buy, the District, the Town or any other person or entity in connection with the District, including, without limitation, any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. Best Buy forther agrees to investigate, handle, respond to and to provide defense for and defend against, or at the Town's option to pay the attorneys' fees and expenses for counsel of the Town's choice for any such liabilities, claims, demands, suits, actions or other proceedings. It is understood and agreed that the Town does not waive or intend to waive the monetary limits (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Town, its officers or its employees. 2. Best Buy hereby consents to the Town Disclaimer Statement contained in Exhibit M to the Service Plan, acknowledges the Town's right to modify the Town ( Disclaimer Statement, and waives and releases the Town from any claims Best Buy might have based on or relating to the use of or any statements made or to be made in such Town Disclaimer Statement (including any modifications thereto). 3. It is understood and agreed, and Best Buy hereby expressly acknowledges, that the Town, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity Letter. 4. This Indemnity Letter has been duly authorized and executed on behalf of Best Buy. Stoneridge\Service Plan JLG0916 0617.0003 Very truly yours, BEST BUY HOMES COLORADO, INC., a Colorado corporation --------~ 2004 (Date of Organizational Meeting) Town of Firestone P.O. Box 100 Firestone, Colorado 80520 RE: Stooeridge Metropolitan District Ladies and Gentlemen: This Indemnity Letter (the "Indemnity Letter") is delivered by the Stoneridge Metropolitan District (the "District") in order to comply with the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the District. In consideration of the Town's approval of the Service Plan, the District, for ~nd on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the Town as follows: I. The District hereby waives and releases any present or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents or contractors in any manner related to or connected with the Service Plan or any action or omission with respect thereto. To the fullest extent permitted by law, the District hereby agrees to indemnify and hold harmless the Town and the Town's elected and appointed officers, employees, agents and contractors, from and against any and all liabilities resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any third party, including attorneys' fees and expenses and court costs, which directly or indirectly or purportedly arise out of or are in any manner related to or connected with any of the following: (a) the Service Plan or any document or instrument contained or referred to therein; or (b) the formation of the District or any actions or omissions of the District, the Town, Best Buy Homes Colorado, Inc., a Colorado corporation ("Best Buy"), or any other person or entity in connection with the District, including, without limitation, any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. The District further agrees to investigate, handle, respond to and to provide defense for and defend against, or at the Town's option to pay the attorneys' fees and expenses for counsel of the Town's choice for, any such liabilities, claims, demands, suits, actions or other proceedings. It is understood and agreed that neither the District nor the Town waives or intends to waive the monetary limits (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental hnmunity Act,§§ 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Town, the District, its officers, or its employees. ( 2. The District hereby consents to the Town Disclaimer Statement contained in Exhibit K to the Service Plan; agrees that the District will include such Town Disclaimer Statement or any modified or substitute Town Disclaimer Statement hereafter furnished by the Town to the District in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, the Town Disclaimer Statement will be given by the District to any prospective purchaser of any bonds or other financial obligations of the District); and waives and releases the Town from any claims the District might have based on or relating to the use of or any statements made or to be made in such Town Disclaimer Statement (including any modifications thereto). 3. It is understood and agreed, and the District hereby expressly acknowledges, that the Town, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity Letter. 4. This Indemnity Letter has been duly authorized and executed on behalf of the District. Very truly yours, STONERIDGE METROPOLITAN DISTRICT By: _______________ _ Title: ----------------- EXHIBITL Form of Disclosure Notice STONERIDGE METRO POLIT AN DISTRICT TOWN OF FIRESTONE WELDCOUNTY,COLORADO •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• DISCLOSURE STATEMENT Pursuant to Article XII of the Service Plan of Stoneridge Metropolitan District •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• DISTRICT ORGANIZATION: Stoneridge Metropolitan District (the "District"), Town of Firestone, Weld County, Colorado is a quasi-municipal corporation and political subdivision of the State of Colorado duly organized and existing as a metropolitan district pursuant to Title 32, Colorado Revised Statutes. The District was declared organized and an existing metropolitan district on ______ _, 200 _, pursuant to an Order and Decree Organizing District and Issuance of Certificates of Election for the Stoneridge Metropolitan District, issued in the District Court of Weld County, Colorado. The Order and Decree was recorded in the records of the Weld County Clerk and Recorder on ------~ 200_ at Reception# _____ _ The District is located entirely within the corporate limits of the Town of Firestone, Colorado, in Weld County. The legal description of the property forming the boundaries of the District is described in Exhibit A. DISTRICT PURPOSE: Stoneridge Metropolitan District was organized for the purpose of financing streets, street lighting, traffic and safety controls, water, sanitary sewer, landscaping, storm drainage, mosquito control and park and recreation improvements, all in accordance with its Service Plan approved by the Board of Trustees of Firestone. When completed, improvements shall he dedicated to the Town of Firestone or governmental entities, all for the use and benefit of residents and taxpayers, or operated and maintained by contract with a Homeowners' Association formed for the Stoneridge subdivision. The District's Service Plan is on file and available for review at the office of the District's general counsel, Sander Scheid Ingebretsen Miller & Parish, P.C., 700 17th Street, Suite 2200, Denver, Colorado 80202, and at the office of the Town Clerk, Town of Firestone, 151 Grant Avenue, Firestone, Colorado 80520. TAX LEVY INFORMATION: The primary source of revenue for the District is ad valorem property taxes. Property taxes are determined annually by the District's Board of Directors and set by the Board of County Commissioners for Weld County as to rate or levy based upon the assessed valuation of the property within the District. The levy is expressed in terms of mills. A mill is 1/1,000 of the assessed valuation, and a levy of one mill equals$] of tax for each $1,000 of assessed value. The financial forecast for the District (as set forth in its Service Plan) assumes that the District will be able to set its tax levy at approximately forty (40) mills for 2004 through 2036 for debt service and administration purposes. Except for certain adjustments permitted by the Service Plan to compensate for legally required changes in residential valuation ratios, the District shall not impose a mill levy in excess of fifty (50) mills. District taxes are collected as part of the property tax bill from Weld County. STATE OF COLORADO COUNTY OF ______ _ STONERIDGE METROPOLITAN DISTRICT By: ) ) ss. ) , President The foregoing instrument was acknowledged before me this __ day of _____ _ 200_, by as President of the Stoneridge Metropolitan District. WI1NESS my hand and official seal. My commission expires: Notary Public ( Stoneridgc\.Service Plan JLG091 I 0617.0003 EXHIBIT A (Legal Description of District) A parcel of land being the Northwest Quarter of Section 13, Township 2 North, Range 68 West of the 6th Principal Meridian, Town of Firestone, County of Weld, State of Colorado, EXCEPT that certain parcel of land described in deed recorded under reception no. 2694995, being more particularly described as follow: Beginning at the northwest corner of said Northwest Quarter of.Section 13; Thence South 89°31 '25" East along the north line of said Northwest Quarter, a distance of 2699.37 feet; Thence South 00°06'24" East along the east line of said Northwest Quarter, a distance of 2213.38 feet; Thence along the north and west lines of said parcel of land described in deed recorded under reception no. 2694995 the following two courses: I. North 89°53' 17" West, a distance of 420.00 feet; 2. South 00°06'24" East, a distance of 420.00 feet; Thence North 89°53'17" West along the south line of said Northwest Quarter, a distance of 2260.92 feet; Thence North 00°30'11" West along the west line of said Northwest Quarter, a distance of 2650.68 feet to the Point of Beginning, containing 6,930,568 square feet, or 159.104 acres, more or less. M:\Client Files\Stoneridge\Service Plan\Exhibit A • Legal Description.doc ( EXHIBITM Form of Town Disclosure Statement TOWN OF FIRESTONE, COLORADO-DISCLAIMER STATEMENT As a requirement imposed in its formation process, the Stoneridge Metropolitan District (the "District") is obligated to the Town of Firestone (the "Town") to include this disclaimer· statement in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, to give this disclaimer statement to any prospective purchaser, investor or lender in connection with any such bonds or other financial obligations of the District). The date of this disclaimer statement is The Town has not reviewed or participated in the preparation of any offering materials or any other disclosure documentation relating to any bonds or financial obligations of the District or any other materials to which this Disclaimer Statement is appended. Other than this· Disclaimer Statement, no other statement of any kind is authorized to be made by or on behalf of the Town in any offering materials or any other disclosure documentation relating to any bonds or other financial obligations of the District. The Town and the District are separate legal entities. The Town is not a party to and is not obligated with respect to any borrowings, financings, bonds or other financial obligations of the District. As a statutory requirement for the formation of the District, the Town approved a Service Plan containing financial and other information furnished by the District's organizers. The Town's approval of the Service Plan was based upon such information furnished by the District's organizers, without independent investigation by the Town. The District's Service Plan was prepared in 2004 and not in connection with the offering of any bonds or other financial obligations. The Town's approval of the District's Service Plan should not be relied upon by prospective purchasers, bondholders, investors or lenders in evaluating the investment quality of the District's bonds or other financial obligations. The Service Plan and related agreements do not impose upon the Town any duties to, nor confer any rights against the Town upon, any purchasers, investors, lenders, bondholders or other third parties. EXHIBITN Form of Intergovernmental Agreement between District and Town INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE, COLORADO AND STONERIDGE METROPOLITAN DISTRICT This INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into this __ day of _____ 200_, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (the "Town"), and STONERIDGE METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District"), collectively referred to herein as the "Parties". RECITALS WHEREAS, the District was organized to finance, acquire, design, construct and install certain facilities, and to exercise powers, all as are more specifically set forth in the District's Service Plan, dated _, 2004, and approved by the Town on April I, 2004, by Resolution No. ____ (the "Service Plan"); and WHEREAS, the Service Plan makes reference to and requires the execution of an intergovernmental agreement between the Town and the District; and WHEREAS, the Town and the District have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Agreement; 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 I. APPLICATION OF LOCAL LAWS. The District hereby acknowledges that the property within its boundaries shall be subject to all ordinances, rules and regulations of the Town, including without limitation, ordinances, rules and regulations relating to zoning, subdividing, building and land use, and to all related Town land use policies, master plans, related plans and intergovernmental agreements. 2. . NATURE OF DISTRICT. The District agrees that it is organized for the purpose of financing certain public improvements for the area within its boundaries only (except to the extent otherwise specifically provided in Article V.c of the Service Plan), which area is designated as the proposed Stoneridge development, and that the District's purposes, powers, facilities and activities are to be limited and governed by the Service Plan. The District is not intended to and shall not provide facilities or service outside its boundaries (except as otherwise specifically provided in Article V.c of the Service Plan). Further, the District is not intended to and shall not exist perpetually, but instead shall be dissolved in accordance with the Service Plan and this Agreement. The District shall not provide any services or facilities within any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. 3. CHANGE IN BOUNDARIES. The District agrees that, as set forth in the Service Plan, inclusion of properties within, or any exclusion of properties from, its boundaries shall constitute a material modification of the Service Plan; any purported inclusion or exclusion that has not been approved by the Town pursuant to the procedures appli~able to a material modification of the Service Plan shall be void and of no effect. 4. TOWN APPROVAL REQUIREMENTS: REVIEW OF DISTRICT SUBMITT ALS. The District agrees that any Town approval requirements contained in the Service Plan (including, without limitation, any Service Plan provisions requiring that any change, request, action, event or occurrence be treated as a Service Plan amendment proposal or be deemed a "material modification" of the Service Plan) shall remain in full force and effect, and such Town approval shall continue to be required, notwithstanding any future change in law modifying or repealing any statutory provision concerning service plans, amendments thereof or modifications thereto. The District agrees to reimburse the Town for all reasonable administrative and consultant costs incurred by the Town for any Town review of reports, plans, submittals, proposed modifications or requests for administrative approvals, or other materials or requests provided to the Town by the District pursuant to the Service Plan, this Agreement, state law or the Firestone Municipal Code. The Town may require a deposit of such estimated costs. 5. OWNERSHIP OF IMPROVEMENTS. The Parties agree that the District shall not be permitted to undertake ownership, operation or maintenance of any public improvements, facilities or services, except as specifically set forth in the Service Plan. 6. ALLOCATION OF FINANCING PROCEEDS. The Parties agree, and the Town's approval of the Service Plan is expressly conditioned upon the requirement, that a total of One Hundred Fifty Thousand Dollars ($150,000.00) will be allocated from the District's net bond financing proceeds to the Town's capital improvements fund, which proceeds shall be paid to the Town at the time proceeds are realized from the issuance of bonds as provided for in the Service Plan. Such allocations shall be made in the amounts and at the times set forth in Article V.c of the Service Plan, which Article is incorporated herein by reference as though set forth in full. Such allocations may be used by the Town to finance any street or park or recreation capital improvement ( either within or outside the boundaries of the District) that the District would otherwise be authorized to· finance, or, upon agreement of the Town and District, for any other capital improvement ( either within or outside the boundaries of the District) the District would otherwise be empowered to construct, i.e., streets, traffic safety controls, street lighting, water, sanitary sewer, storm drainage, or landscaping improvements and facilities. The District acknowledges and agrees that the provisions of this Agreement and the provisions of the Service Plan for concurrent allocation of bond proceeds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of the District's Service Plan, and that the Town has relied thereon in approving the District's Service Plan. Therefore, the District agrees that it shall include in and make available from the District's bond financing proceeds such One Hundred Fifty Thousand Dollars ($150,000.00) to be paid to the Town's capital improvements fund. The District further agrees that it shall not issue bonds without concurrently allocating and delivering to the Town the funds required by Article V.c of the Service Plan. The District further agrees that such delivery of bond proceeds to the Town shall be a condition of closing for each series of bonds. The District specifically agrees that the provisions of this Agreement and of the Service Plan for such concurrent allocation of bond proceeds to the Town shall run in favor of and shall be enforceable by the Town. The District represents and warrants that it has obtained all voter authorizations necessary to implement such provisions of this Agreement and the Service Plan, and that it will exercise its powers in accordance with and in furtherance of such provisions. 7. CONSOLIDATION. The District shall not file a request with the District Court to consolidate with another district without the prior written approval of the Town. 8. DISSOLUTION. The District agrees that it shall take all action necessary to dissolve the District upon payment or defeasance of the District's bonds or otherwise upon the request of the Town, all as provided in the Service Plan. 9. NOTICE OF MEETINGS. The District agrees that it shall submit a copy of the written notice of every regular, special meeting and work session of the District's Board of Directors to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least three (3) days prior to such meeting. The District agrees that it shall also submit a complete copy of meeting packet materials for any such meeting to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least one ( 1) day prior to such meeting. 10. ANNUAL REPORT. The District shall be responsible for submitting an annual report to the Town pursuant to and including the information set forth in Article VII of the Service Plan. 11. ENTIRE AGREEMENT OF THE PARTIES. This written agreement, together with the Service Plan, 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. 12. AMENDMENT. This Agreement may be amended, modified, changed or terminated in whole or in part only by a written agreement duiy authorized and executed by the Parties hereto and without amendment to the Service Plan. 13. ENFORCEMENT. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. ( 14. VENUE. Venue for the trial of any action arising out of any dispute hereunder shall be in the appropriate district court of the State of Colorado pursuant to the appropriate rules of civil procedure. 15. BENEFICIARJES. 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. 16. 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. Further, with respect to any portion so held invalid or unenforceable, the District and Town agree to take such actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. 17. ASSIGNABILITY. Other than as specifically provided for in this Agreement, neither the Town nor the District shall assign. their rights or delegate their duties hereunder without the prior written consent of the other Parties. 18. SUCCESSORS AND ASSIGNS. Subject to Paragraph 17 hereof, 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. [Remainder of page intentionally left blank). , ATTEST: By: Secretary ATTEST: By: Its: St0neridge\5ervice Plan JLG0937 0617.0003 STONERIDGE METROPOLITAN DISTRICT By: President TOWN OF FIRESTONE By: Its: ( EXHIBITO Resolution of Town of Firestone Approving Service Plan TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE ORGANIZATION OF STONERIDGE METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 0_--_. _ RESOLUTION OF APPROVAL WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado, following due notice, held a public hearing on the Service Plan of the proposed Stoneridge Metropolitan District on the 1st day of April 2004; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plan should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with§ 32-1-204.S(l)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of Best Buy Homes Colorado, Inc., a Colorado corporation (the "Developer"), that all of the requirements of Title 32, Article I, Part 2, C.R.S., as amended, relating to the filing of a Service Plan for the proposed Stoneridge Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the Developer, the Board of Trustees of the Town of .Firestone, Colorado, has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article I, part 2, C.R.S., as amended. Section 3. That, pursuant to § 32-1-204.5, C.R.S., § 32-1-202(2), C.R.S., and § 32-1- 203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the Service Plan and other evidence presented by and on behalf of the Developer, that: I ( (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed District; (b) The existing service in the area to be served by the proposed District is inadequate for present 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 District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and · (e) The creation of the proposed District will be in the best interests of the area proposed to be served. Section 4. That pursuant to § 32-1-204.S(l)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) The Developer agrees that the Town Attorney and Town Administrator will be given reasonable notice of all proceedings in the District Court of Weld County relating to the organization of the District (including notice as described in § 32-1-304, C.R.S.). (b) The Developer agrees that, prior to the hearing date set by the District Court of Weld County pursuant to § 32-1-304, C.R.S., all fees and expenses which have been submitted to the Developer for payment by or on behalf of the Town or its attorneys or financial or other advisors shall have been paid in full. (c) Prior to the hearing date set by the District Court of Weld County pursuant to § 32-1-304, C.R.S., the District shall fully comply with the provisions of § 32-1-107(3), C.R.S. with respect to the overlapping of service areas. The District's authorization to provide services or facilities within any overlapping area is expressly conditioned upon the District first obtaining the written consent of each and every district whose service area is so overlapped. (d) Prior to the Mayor's execution of this Resolution, the fully and properly executed originals of the property owners' consents; engineer's statement of reasonableness of capital costs; accountant's letter and forecasts; letters in support of market projections and absorption rates; underwriter's letter; 2 legal counsel letter; Developer's indemnity letter; and bond counsel letter that are required under the Service Plan and set forth in Exhibits D, E, G, H, I, J, and Part I of Exhibit K thereto, shall be provided to the Town. (e) At its organizational meeting, the District shall execute the District ipdemnity letter and intergovernmental agreement with the Town that are required under the Service Plan and set forth in Part 2 of Exhibit K and Exhibit N thereto, and shall provide the fully executed originals of such documents to the Town. If any of the above-stated conditions (a) through (d) are not met, the Town may file a motion with the District Court of Weld County requesting that the hearing on the organization of the District be delayed until such conditions are met, and Developer has represented that it will not oppose such motion. Further, if any of the above-stated conditions (a) through (e) are not met, the Town may pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the Service Plan of the proposed Stoneridge Metropolitan District, as set forth in Exhibit A to this Resolution and dated _____ 2004, is hereby approved subject to the conditions stated in Section 4 above, in accordance with§ 32-1-204.S(l)(c), C.R.S. Section 6. That a certified copy of this Resolution be filed in the records of the Town of Firestone and submitted to the Developer for the purpose of filing in the District Court of Weld County for further proceedings concerning the District. RESOLVED, ADOPTED AND APPROVED this __ day of April 2004. (SEAL) ATTEST: Judy Hegwood Town Clerk 3 TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor ( CERTIFICATE _ I, Judy Hegwood, do hereby certify that the above and foregoing is a true, correct and complete copy of a resolution adopted by the Board of Trustees of the Town of Firestone, Colorado, at a public meeting held on the __ day of April 2004. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Firestone, Colorado, this_ day of April 2004. (SE AL) - Town Clerk 4 STO;NERIDGE METROPOLJT'AN DISTRICT SERVICE PLAN TOWN OF FIRESTONE, COLORADO AMENDED AND RESTATED APRIL 22, 2004 / TABLE OF CONTENTS I. Introduction ..................................................................................... I II. Purpose of the Proposed District.. .......................................................... 4 Ill. Boundaries, Population & Valuation ....................................................... 5 rv. Description of Proposed Facilities .......................................................... 6 a. Type oflmprovements ............................................................... 6 b. Description of Existing Conditions ................................................ 9 c. Anticipated Development. .......................................................... 9 d. Public Improvement Schedule ...................................................... 9 e. Town Construction Standards ...................................................... 9 f. Limitation on Eminent Domain .................................................... 10 g. Dedication oflmprovements to the Town ........................................ 10 h. Ownership and Operation of Facilities by the District.. ........................ 12 1. Acquisition of Land for Public Improvements ................................... 12 J. S.ervices to be Provided by other Governmental Entities ....................... 13 k. Integration ............................................................................. 13 V. Financial Information ......................................................................... 14 a. General.. ...................................... · ......................................... 14 b. Debt Issuance ......................................................................... 15 C. d. e. f. g. h. I. J. k. I. m. Required Transfers of Bond Proceeds to Town .................................. 16 Other Financial Restrictions, Limitations and Requirements .................. 17 Limited Mill Levy .................................................................... 19 Irwestor Suitability ................................................................... 20 Refunding Bonds ..................................................................... 21 Construction Financing Notes Issued to Developer ............................. 21 Identification of District Revenue .................................................. 22 Security for Debt. .................................................................... 22 Services of District. .................................................................. 23 Q·uinquennial Review ................................................................ 23 Letters ......................................... : ....................................... 23 VI. Landowners' Obligations as to Public Improvements................................. 24 VII. Annual Report ................................................................................. 24 VIII. Dissolution ...................................................................................... 26 IX. Consolidation .................................................................................. 27 X. Elections ....................................................................................... 27 XI. Indemnities ..................................................................................... 29 XII. Disclosure and Disclaimer; No Third-Party Rights ...................................... 29 XIII. Intergovernmental Agreements ............................................................. 30 XIV. Conservation Trust Fund ..................................................................... 31 XV. Modification of Service Plan ................................................................ 31 XVI. Failure to Comply with Service Plan ....................................................... 33 XVII. Resolution of Approval.. ..................................................................... 33 XVIII. Severability .................................................................................... 34 XIX. Certification .................................................................................... 35 TABLE OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Exhibit 0 Legal Description Boundary Map Vicinity Map Property Owners' Consents Engineering Estimates Location of Public Improvements Financing Plan; Forecasted Cash Surplus Balances and Cash Receipts and Disbursements; Market Projection Consultant's Analysis; Developer's Letter in Support of Market Projections Underwriter's Letter Legal Counsel Letter Bond Counsel Letter Part I -Developer Indemnity Letter Part II -District Indemnity Letter Form of Disclosure Notice Fonn of Town Disclosure Statement Form ofintergovemmental Agreement between District and Town Resolution of Town of Firestone Approving Service Plan· II ,, I STONERIDGE METRO POLIT AN DISTRICT SERVICE PLAN I. INTRODUCTION The District shall be named the Stoneridge Metropolitan District (the "District"). The purpose of the District is to finance certain streets, street lighting, traffic and safety controls, water, landscaping, storm drainage and park and recreation improvements for a development to be known as the Stoneridge planned unit development ("Stoneridge"). The developer of Stoneridge and the petitioner for the formation of the District is Best Buy Homes Colorado, Inc., a Colorado corporation (the "Developer"). The District is intended to provide for the financing of public improvements for the Stoneridge development, but is not intended to be a District with perpetual existence. The District will consist of approximately one hundred fifty-eight (I 58) acres and no changes in the District's boundaries are anticipated or authorized. The District shall be dissolv~d when its financial obligations are paid or provided for or when the Town of Firestone, Colorado (the "Town") requests dissolution, provided then-applicable statutory requirements are met, all as further described in this Service Plan (the "Service Plan"). Except as expressly provided in this Service Plan, all public improvements and facilities that are financed, constructed, installed or acquired by the District shall be dedicated and conveyed to the Town or its designee and will be operated and maintained by the Town or its designee upon Town acceptance and completion of the District's warranty obligations. The Town may require that specific landscaping improvements that are dedicated and conveyed to the Town be maintained by a homeowners' association fom1ed for the Stoneridge development, for the use and benefit of residents, taxpayers and property owners. The District shall not provide fire protection or emergency services, which fire protection and emergency services shall be provided by the Frederick-Firestone Area Fire Protection District. The District may exercise those powers ofa metropolitan district set forth in §§32-1-1001 and -1004, C.R.S. only to implement the provisions of this Service Plan and only to the extent authorized by and in a manner consistent with this Service Plan. The District is generally located at the southeast comer of the Sable Drive and Birch Street intersection. The proposed boundaries of the District are limited to those boundaries described in Exhibit A, attached hereto. This Service Plan has been prepared by the following Developer and participating consultants (the "Organizers"): Developer Best Buy Homes Colorado, Inc. a Colorado corporation Bailey E. Dotson 101 l South Valentia Street, #36 Denver, Colorado 80231 (303) 751-9910 (303) 751-9914 (fax) bdotson@cemines.com Investment Banker Kirkpatrick, Pettis, Smith, Polian Inc. Thomas Bishop Sam Sharp 1600 Broadway Street, Suite 1100 Denver, Colorado 80202 (303) 764-5737 (303) 764-5770 (fax) tbishop@kpsp.com ssharp@kpsp.com 2 District Counsel Sander Scheid Ingebretsen Miller & Parish A Professional Corporation Dianne D. Miller, Esq.· 700 17 th Street, Suite 2200 Denver, Colorado 80202 (303) 285-5300 (303) 285-5301 (fax) dmiller@ssimlaw.com • Engineer Peak Civil Consultants, Inc. A Colorado corporation Bob Kelsey, P.E. 2828 Speer Boulevard, Suite 201 Denver, Colorado 80211 (720) 855-3859 (720) 855-3860 (fax) bkelsey@peakcivil.com ( Bond Counsel Sherman & Howard, LLC Blake Jordan, Esq. 633 17 th Street, Suite 3000 Denver, Colorado 80202 (303) 297-2900 (303) 298-0940 (fax) bjordan@sah.com Market Projection Consultant DRM Real Estate Advisors, L.L.C. Derek R. Maunsell, MAI Post Office Box 270898 Ft. Conins, Colorado 80527 (970) 267-2900 · (970) 267-2900-facsimile Accountant Clifton Gunderson, LLP Jason Carroll 6399 S. Fiddler's Green Circle, Suite 100 Greenwood Village, Colorado 80111 (303) 779-5710 (303) 779-0348 (fax) jason.ca1T0ll@cliftoncpa.com Piusuant to the requirements of the Special District Control Act, §§ 32-1-201, et seq., C.R.S., this Service Plan consists of a financial analysis and an engineering plan showing how the proposed facilities and services of the District will be provided and financed. As required by § 31-1-202(2), C.R.S., the following items are included in this Service Plan: a. A description of the proposed services; b. A financing plan showing how the proposed services are to be financed, including all elements required by§ 32-l-202(2)(b), C.R.S.; c. A preliminary engineering or architectural survey showing how the proposed services are to be provided; d. A map of the proposed District's boundaries and an estimate of the population and valuation for assessment of the proposed District; e. A general description of the facilities to be constructed and the standards for construction, including a statement of how the facility and service standards of the proposed 3 District are compatible with facility and service standards of the Town and special districts which are interested parties pursuant to§ 32-1-204(1), C.R.S.; f. A general description of the estimated cost of acqumng 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 District; and g. A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed District and such other political subdivision and, if applicable, a form of the agreement. II. PURPOSE OF THE PROPOSED DISTRICT The District will finance the construction of public improvements for the Stoneridge development, which improvements shall be constructed to Town standards, warranted by the District, and dedicated and conveyed to the Town or its designee as provided in this Service Plan, or as otherwise required by the Town. The Town may require that specific landscaping improvements that are dedicated and conveyed to the Town be operated and maintained by a homeowners' association fonned for the Stoneridge development, for the use and benefit of residents, taxpayers and property owners. The public improvements shall be financed, in part, through the issuance of indebtedness as set forth in Article V, "Financing Plan". Except as specified in or pursuant to this Service Plan, the District shall not construct or own any improvements, shall not provide for any maintenance, repair or operation of any improvements, and shall not perform any services without the consent of the Town as evidenced by a resolution of approval of the Town of Firestone Board of Trustees (the "Board of Trustees"). In addition, 4 the District will not contract with any other governmental entity to receive any services which are or may become available from the Town, or to provide any services to or within any other governmental entity without the prior written consent of the Town. The District shall not provide any services or facilities within any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. The District shall dissolve when its financial obligations are paid or provided for, or otherwise upon request of the Town, subject to then-applicable statutory requirements, all as further provided in Article VIII. III. BOUNDARIES, POPULATION & VALUATION The District consists of approximately one hundred fifty-eight (158) acres located entirely within the boundaries of the Town, as more particularly set forth in the legal description attached hereto as Exhibit A and as shown on the boundary map, attached hereto as Exhibit B, and the vicinity map, attached hereto as Exhibit C. The petitioner, also the Developer of the District property, has received the consents of the property owners to the fo1mation of this District, which consents, for the owners of all property to be located within the District, are attached hereto as Exhibit D and incorporated herein by this reference. The Stoneridge subdivision is being developed for the anticipated construction of three hundred sixty (360) single-family homes by the Developer. The current population of the District is zero. The estimated population of the District at full build-out is one thousand forty- eight (1,048) people subject to development approval by the Town. It is acknowledged that Town development standards and requirements may affect the foregoing numbers of anticipated 5 homes and population. The estimated assessed value at full build-out is Six Million Three Hundred Thousand Fifty-Eight Dollars ($6,300,058.00). The property is currently zoned planned unit development (PUD) for single-family residential uses. The current assessed value is approximately Twenty-Two Thousand Three Hundred Ninety Dollars ($22,390.00). The total overlapping mill levy imposed upon the property within the proposed District for tax collection year 2002 was seventy-five and twenty-seven one hundredths of one mill (75.270) mills. The District shall be required to obtain written approval from the Town of a Service Plan modification prior to any inclusion or exclusion of property to or from the District, or any other change in its boundaries. Any such approval may be granted or denied by resolution of the Board of Trustees, in its discretion. Any inclusion may be on the condition that all property originally in the District remain in the District, and on such other conditions as the Town may impose. Any exclusion may be on the condition that there is no detriment to the remaining residents and taxpayers within the District, or to the District's bondholders, and on such other conditions as the Town may impose. No changes in the boundaries of the District shall be made, unless the prior written approval of the Board of Trustees has been obtained as part of a Service Plan modification, as provided herein. IV. DESCRIPTION OF PROPOSED FACILITIES a. Type of Improvements. The District will provide for the financing, construction, acquisition and installation of streets, street lighting, traffic and safety controls, water, landscaping, storm drainage and park and recreation improvements and facilities (as the foregoing terms are defined in § 32-1-1004(2), C.R.S. and the sections referenced therein) within the boundaries of the District. The District is 6 also authorized to finance park and recreation or other capital improvements identi lied by the Town and located outside of the District, that benefit the Town and the District, as provided in Article V.c,_ below. With the exception of those public improvements specifically identified in Exhibit F . and authorized by this Service Plan, specifically including the off-site street improvements to County Road 22 between 11 th and 13 th streets, and, with the exception of the Seven Hundred Twenty-Eight Thousand Nine Hundred Ninety-Three Dollars ($728,993.00) paid to the Town which may be utilized by the Town as described in Article V.c hereof and the intergovernmental agreement attached hereto as Exhibit N, the District shall not finance, construct, acquire or install any improvements outside the boundaries of the District unless: (I) the Town, by written determination of its Town Engin~er, determines that such improvements are necessary to coru1ect service for the District to the facilities of the Town other entities involved in providing services to the District; or (2) such proposed improvements are approved in advance by resolution of the Board of Trustees. The property within the District will receive water service from the Town. The District may finance water system improvements and facilities located within the boundaries of the District. However, the water systems improvements within the District shall be dedicated and conveyed to and owned by the Town or the Central Weld County Water District upon Town or Central Weld County Water District acceptance and completion of the District's warranty obligations. All water rights for water service to the property shall be owned by the Town; the District shall not purchase, own, manage, adjudicate or develop any water rights or water resources. The Organizers of the District have prepared a preliminary engineering report based on the Town's constmction standards. The table, attached hereto as Exhibit E, lists all facilities 7 which the District, subject to development approval of the Town, will be authorized to finance, acquire, design, construct, and install, including the costs in current dollars of each, together with an explanation of the methods, basis and/or assumptions . used. A letter concerning the reasonableness of the cost estiinates, and of the methods, bases and assumptions used, is included in Exhibit E. Subject to the Debt Limitations set forth in Article V of this Service Plan and the requirements of Article V.c, the District will be authorized to fund any combination of the improvements. The combined estimated cost of the improvements is Five Million Seventy- Three Thousand Two Hundred Nineteen Dollars and Eighteen Cents ($5,073,219.18), which exceeds the estimated debt capacity of the District. Funding for improvements not funded by the District shall remain the responsibility of the Developer of the property. The Town is not responsible for assuming any of the costs of the improvements funded by the District or necessary for service to the proposed Stoneridge development. A map showing the location of the public improvements to be financed by the District is attached hereto as Exhibit F. All water improvements are anticipated to be constructed within street 1ight-of-way, unless otherwise required by the Town. The District shall be authorized to finance, acquire, design, construct and install those types of public improvements and facilities which are authorized under this Article IV and which are generally shown on Exhibit F, subject to the specific final design and approval thereof by the Town. Phasing of construction shall be determined by the District to meet the needs of the residents and taxpayers within its boundaries; provided, however, that improvements shall be installed in compliance with any phasing plan approved for the Stoneridge development at the request of the Developer. 8 b. Description of Existing Conditions. The area is predominantly undeveloped. c. Anticipated Development. The Developer anticipates total build-out to occur by 2009, with the construction of fifteen (15) single family homes in 2004, fifty-eight (58) single family homes in 2005, sixty- eight (68) single family homes in 2006, seventy-three (73) single family homes in 2007, seventy- two (72) single family homes in 2008 and seventy-four (74) single family homes in 2009, subject to final design and development approval by the Town. It is acknowledged by the Developer that Town development standards and requirements may affect the foregoing numbers of anticipated homes and the foregoing anticipated build-out schedule. d. Public Improvement Schedule. Construction of the public improvements will commence as soon as possible following approval of the Service Plan. The public improvements will be phased to meet the development schedule, and shall be installed in compliance with any phasing plan approved for the Stoneridge development at the request of the Developer. e. Town Construction Standards. All proposed facilities and improvements shall be designed and constructed in accordance with the standards and specifications established by the Town and in effect from time to time, and with applicable standards and specifications of the federal government and State of Colorado. All proposed facilities and improvements shall be compatible with those of the Town. The District and its engineer have designed and shall design the facilities and improvements to meet such standards, specifications and compatibility requirements of the Town. The District will obtain approval of civil engineering plans and permits for construction and installation of 9 facilities improvements from the Town prior to the construction or installation of any facilities or improvements. The District shall be subject to all applicable provisio_ns of the Firestone Municipal Code and to all Town rules, regulations and policies with respect to the conduct of its work on the improvements, as in effect from time to time. f. Limitation on Eminent Domain. The District shall not exercise any power of dominant eminent domain against the Town and shall not exercise any power of eminent domain within the Town without the prior written consent of the Town. No exercise of eminent domain by the District is contemplated or authorized in this Service Plan, and any proposed use thereof shall be considered a material modification of this Service Plan, and shall be subject to the Town's prior written approval. g. Dedication oflmprovements to the Town. Except as specifically set forth within this Service Plan, the District shall dedicate and convey to the Town or its designee, or cause to be dedicated and conveyed to the Town or its designee, all public improvements and facilities, including, but not necessarily limited to, all streets, street lighting, traffic safety controls, water, landscaping, storm drainage and park and recreation improvements and facilities, as well as all rights-of-way, fee interests and easements necessary for access to and operation and maintenance of such improvements and facilities, to the extent such property interests have not been acquired by the Town through the land use approval process. The District shall not operate or maintain any public improvements, except as necessary to comply with its warranty obligations hereunder. The District shall also dedicate and convey to the Town or its designee any other facilities and improvements contemplated in this Service Plan, together with necessary rights-of-way, fee interests and easements. All such improvements, facilities, easements and rights-of-way shall be conveyed to the Town or its 10 designee immediately upon completion of construction, installation and expiration of the two (2) year warranty period that commences after the Town has issued a Conditional Acceptance as set forth below. All improvements, facilities, rights-of-way, fee interests a'nd easements shall be conveyed and dedicated to the Town or its designee by instruments acceptable to the Town, free and clear of all liens and encumbrances, except those which are acceptable to the Town it its sole discretion. Failure to comply with the requirements of this Article IV shall be deemed to be a material modification of this Service Plan. Once a public improvement to be dedicated to the Town is constructed and installed, the Town shall issue an "Conditional Acceptance" letter stating that the improvement has been constructed or installed in conformance with the Town's standards, or shall issue a letter stating the corrections necessary to bring the improvement into compliance with Town standards for the issuance of such a "Conditional Acceptance" letter. The District at its expense shall promptly undertake any necessary corrections. Upon issuance of the "Conditional Acceptance" letter, the public improvements shall be warranted for two (2) calendar years from the date of such "Conditional Acceptance", during which time the District shall maintain the improvements and correct all deficiencies therein as directed by the Town. -At the conclusion of such two (2) year period, the Town shall issue a "Final Acceptance" letter if the public improvements conform to the Town's specifications and standards, or shall issue a letter stating the correction necessary to bring the improvement into compliance with Town standards for the issuance of such a "Final Acceptance" letter. The District at its expense shall promptly undertake any necessary corrections. A "Final Acceptance closing" shall then be arranged and held (such closing in no event to occur more tl1an one hundred twenty (120) days after the issuance of the "Final Acceptance" letter), at which time the Town will issue a "Final Acceptance" for all public improvements to be accepted by 1 1 it, and the District will execute and deliver to the Town all necessary instrnments to dedicate and convey to the Town the improvements and facilities, and all necessary rights:of-way, fee interests and easements. h. Ownership and Operation of Facilities by the District. The District shall not be authorized to own or operate any improvements or facilities to be provided pursuant to this Service Plan, other than as necessary to pennit the financing and construction thereof (including compliance by the District with its warranty obligations as provided in Article IV.g above), except through approval by the Town by resolution or through an amendment to this Service Plan. Nothing herein shall limit the Town's authority to require that improvements and facilities be operated or maintained by a homeowners' association formed for the Stoneridge development. i. Acquisition of Land for Public Improvements. The District shall acquire at no cost to the Town all lands or interests in land required by the Town for constrnction of streets, street lighting, traffic and safety controls, water, landscaping, storm drainage and park and recreation improvements being constrncted or installed by the District. Such land or interests in land may be acquired by the District by instruments of conveyance and/or plat dedication, in form and substance acceptable to the Town. All land and interests in land shall be conveyed to the Town or its designee at no cost to the Town at such times and by such instruments of conveyance as the Town may reasonably require (but in no event shall such conveyances be made later than the "Final Acceptance closing" described in Article N.g, above), free and clear of all liens and encumbrances, except those which are acceptable to the Town. Exceptions must be approved by the Town in advance and in writing. 12 Failure to comply with this provision shall be deemed to be a material modification of this Service Plan. j. Services to be Provided by other Governmental Entities. The District proposes to finance, construct, acquire and install the public improvements necessary to serve the District's residents and taxpayers, but is not authorized to and shall not provide any ongoing services within the District. The District shall receive sanitary sewer service from the St. Vrain Sanitation District. The District shall not provide any sanitary sewer services. The District has obtained a letter from the Carbon Valley Park and Recreation District consenting to the overlapping boundaries for financing purposes only. The District shall not provide ongoing park and recreation services. The District shall obtain a resolution from the Central Weld County Water District consenting to the _overlapping boundaries for financing purposes only. The District shall not provide ongoing water services to the Dishict. Nothing herein shall limit or discharge the District's responsibilities for operation, maintenance and repair of public improvements prior to their acceptance by the Town and conveyance to the Town or its designee, or limit or discharge the District's warranty obligations. k. Integration. All facilities and improvements shall be constructed so as to be integrated with existing and planned facilities and improvements of the Town and other entities providing service to the Stoneridge development. The District shall obtain from such other serving entities approval of the proposed plans for the facilities and improvements. The District shall provide the Town with copies of any submittals to such entities at the time of their submittal, and with copies of any approvals from such entities upon receipt. 13 V. FINANCIAL INFORMATION This Article V describes the nature, basis, method of funding and_ debt and mill levy limitations associated with the District's public improvements program and operations. A detailed Financing Plan, consisting of the Accountant's Forecasted Cash Surplus Balances and Cash Receipts and Disbursements (including a Summary of Significant Forecast Assumptions), the Market Projection Consultant's Analysis, and the form of the Developer's Letter in Support of the Market Projections is contained in Exhibit G, attached hereto and incorporated herein. The Financing Plan includes estimated operations and administration costs (including estimated costs of warranty maintenance), proposed indebtedness and estimated interest rates· and discounts and other major expenses related to the organization and operation of the District. The Financing Plan proj eels the issuance of the debt and the anticipated repayment based on the development assumptions (including the market projections and absorption forecasts set forth tj,erein) for property within the boundaries of the District. The Financing Plan demonstrates that, at the projected level of development, and with the projected Developer support, the proposed District has the ability to finance the facilities identified herein, and will be capable of discharging the proposed indebtedness on a reasonable basis. a. General. The provision of improvements and facilities by the proposed District will be financed through the issuance of general obligation bonds (the "Bonds"), secured by the ad valorem taxing authority of the proposed District and other District revenues, limited as discussed below. The Financing Plan anticipates the issuance of one (1) series of Bonds in 2007. The term of any Bonds issued by the District shall not exceed thirty (30) years. The combined total estimated cost of the improvements is Five Million Seventy-Three Thousand Two Hundred Nineteen Dollars and 14 Eighteen Cents ($5,073,219.18). The District has the capacity to issue general obligation bonds in the aggregate principal amount of approximately Three Million Four Hundred Thousand Dollars ($3,400,000.00), projected to yield net bond proceeds of Two Million Nine Hundred Fifteen Thousand Nine Hundred Seventy Dollars and Fifty Cents ($2,915,970.50) (which will be further reduced by the District's contribution of Seven Hundred Twenty-Eight Thousand Nine Hundred Ninety-Three Dollars ($728,993.00) to the Town as provided in Article V.c, below). Accordingly, it is currently anticipated that the bond proceeds will be insufficient to allow for repayment of Two Million Eight Hundred Eighty-Six Thousand Two Hundred Forty-One Dollars and Sixty-Eight Cents ($2,886,241.68). which will be contributed by the Developer; however, if the financing capability of the District changes and will permit repayment in the future (due to higher than anticipated assessment values, lower interest rates or any other circumstance), the District may agree to repay the Developer for umeimbursed public infrastructure costs so long as the District has the capacity to make such payments without exceeding the debt limit or Mill Levy Limit provided in this Service Plan. Payments made to the Developer by the District are expected to be inade principally from Bond proceeds and shall not exceed the amount advanced for capital costs by the Developer. The Accountant's Forecasted Cash Surplus Balance and Cash Receipts and Disbursements in Exhibit G do not include the above-described Developer contribution to the costs of public improvements. b. Debt Issuance. The District intends to issue one ( 1) series of general obligation bonds in the aggregate principal amount of approximately Three Million Four Hundred Thousand Dollars ($3,400,000.00). A total debt limitation of Four Million Dollars ($4,000,000.00) in aggregate principal amount is approved in this Service Plan; such debt limitation is to apply to the aggregate outstanding amount of both general obligation bonds and construction financing notes 15 (i.e., notes or other financial obligations, if any, issued by the District to the Developer to evidence the District's obligation to repay the Developer's advances for construction costs). The Bonds will be issued in the approximate amount of Three Million Four Hundred Thousand Dollars ($3,400,000.00), at such time as one hundred forty-one (141) homes (representing, together with undeveloped land in the District, a total of approximately Two Million Eight Hundred Thousand Five Hundred Forty-Six Dollars ($2,800,546.00) in assessed valuation) have received building permits and all public improvements serving such homes have been completed and accepted by the Town, all of which is anticipated to occur in December 2006 as shown in Exhibit G. The Developer expects that sales of the Bonds (to financial institutions or institutional investors as further provided below) would be made on the basis that, builder activity having commenced within the District (as demonstrated by the development levels required by the immediately preceding sentence), there is a reasonable likelihood that projected future development will occur and will result in increased assessed valuation levels to support payment of the Bonds. c. Required Transfers of Bond Proceeds to Town. The District will pay to the Town for deposit into the Town's capital improvements fund Seven Hundred Twenty-Eight Thousand Nine Hundred Ninety-Three Dollars ($728,993.00) of the District's total net bond proceeds which shall be paid to the Town concurrently with the delivery of the Bonds. Pursuant to an agreement to be executed between the Town and the District, the funds so paid to the Town shall be used by the Town to finance improvements (whether inside or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness (i.e., streets, street lighting, traffic safety controls, water, -landscaping, storm 16 drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District and shall be specifically identified in an amendment to the intergovernmental agreement between the Town and the District, which amendment shall be fully executed prior to the issuance of any District bonds. The Developer and other Organizers of the District acknowledge that the foregoing provisions for allocation of bond proceeds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of this Service Plan, and the Town has rehed thereon in approving this Service Plan. The District shall not issue bonds without including in such issuance the concurrent allocation and delivery to the Town of the funds required by this Article V.c, and such ~elivery of funds to the Town shall be a condition of closing for the Bonds. Further, the District shall not be authorized to issue bonds until the governing body of the District, upon formation thereof, has executed: (!) the intergovernmental agreement provided for in Article XIII and Exhibit M, with such amendments as the parties may mutually agree, stating its agreement to comply with the provisions of this Article V .c.; and (2) the District indemnity letter provided for in Part II of Exhibit K. d. Other Financial Restrictions, Limitations and Requirements. The District shall request voter authorization for such amount of general obligation debt as the District deems sufficient to allow for allocation of the amounts deposited in the Town's capital improvements fund (as described in Article V.c, above) among the District's powers, unforeseen contingencies, increases in construction costs due to inflation and all costs of issuance, including capitalized interest, reserve funds, discounts,. legal fees and other incidental costs of issuance; provided, however, that the amount of general obligation debt (together with construction financing notes) actually issued by the District shall not exceed the debt limitation 17 of Four Million Dollars ($4,000,000.00) as stated in Article V.b, above. All bonds of the District will be sold for cash. The authorized maximum voted intere·st rate is fifteen percent (15%) per annum and the maximum underwriting discount is four percent (4%) of bond principal. The actual interest rates and discounts, within such maximum voted amounts, will be detennined at the time the bonds are sold by the District and will reflect market conditions at the time of sale; provided, however, that the actual interest rate shall not exceed three hundred (300) basis points above the thirty (30) year 'AAA' Municipal Market Data rate in effect at the time the bonds are sold. Estimated interest rates used in Exhibit G are based on infomiation furnished by the un_derwriters identified in Exhibit H. In the event bonds are issued at an interest rate higher than the estimated rates used in Exhibit G, the principal amount of bonds will be reduced so as to result in total debt service payments approximately equal to those projected in Exhibit G, and so that debt service on the bonds can be paid from the revenue sources contemplated in this Service Plan. If actual increases in District assessed valuation attributable to inflation and biennial revaluation factors are less than the projected increases for those factors as shown in the Exhibit G .forecasts, it is expected that the District would compensate by increasing its mill levy (subject · to the Limited Mill Levy) or reducing the principal amount of the bonds issued. The Developer acknowledges and accepts the risk that, if all or a part of the general obligation bonds proposed to be issued by the District are not issued, because of changes in financial conditions or for any other reason, the Developer may not be paid or reimbursed for the cost o(public improvements or other advances to the District. No bonds issued by the District shall provide for acceleration as a remedy upon default, unless the District has received the prior written administrative approval of the Town, which 18 ( approval may be granted only by the Town Administrator or the Board of Trustees. Except as provided below, with_ respect to notes issued to the Developer for construction financing, this Service Plan authorizes only the issuance of general obligation bonds and only within the above stated limits, and subject to the provisions as to the Limited Mill Levy as set forth below. The District may be authorized to issue revenue bonds, certificates, debentures or other evidences of indebtedness or to enter into lease-purchase transactions, only upon approval of an amendment to this Service Plan, and such an amendment shall be considered a material modification of the Service Plan. The District does not anticipate the imposition of development fees at th.is time, and may be authorized to impose such fees only upon the prior written approval of the Board of Trustees. All bonds of the District shall be structured utilizing a commercial bank with trust powers as trustee to hold the bond proceeds and debt service funds and to pursue remedies on behalf of the bondholders. · Any bonds issued by the District pursuant to this Service Plan shall be in compliance with all applicable legal requirements, including without limitation § 32-1-1101 (6), C.R.S., and article 59 of title 11, C.R.S., and shall be approved by nationally recognized bond counsel. An opinion shall also be obtained from bond counsel or counsel to the District that the bonds comply with all requirements of this Service Plan. e. Limited Mill Levy. "Limited Mill Levy" shall mean an ad valorem mill levy (a mill being equal to 1/10 of 1 ¢) imposed upon all taxable property in the District each year in an amount sufficient to pay the principal of, premium if any, and interest on the bonds as the same become due and payable, and to make up any deficiencies in any debt service reserve for the bonds, but, together with all other 19 District mill levies (including, without limitation, all mill levies for administration, warranty maintenance, and other operating expenses), such mill levy shall not exceed fifty (50.000) mills; provided however, that in the event of changes in the ratio of actual valuation to assessed valuation for residential real property, pursuant to Article X, section 3( I )(b) of the Colorado Constitution and legislation implementing such constitutional provision, the fifty (50.000) mill levy limitation provided herein will be increased or decreased (as to all taxable property in the District, including both residential and commercial property) to reflect such changes so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished nor enhanced as a result of such changes ("Gallagher adjustment"). The Limited Mill Levy shall be an enforceable limit on all District mill levies. In addition to the Limited Mill Levy applicable to all District mill levies, the total District mill levy for administration, warranty maintenance and other operating expenses shall be limited to seven and one-half (7.500) mills, as adjusted by the Gallagher adjustment. f. Investor Suitability. In addition, the District bond issue (anticipated in 2007, as described above) shall be issued only to financial institutions or institutional investors within the meaning of § 32-I- 1101(6)(a)(IV), § 32-1-103(6.5) and§ 11-59-103(8), C.R.S. The District shall provide for and shall utilize mechanisms and procedures for transfers and exchanges of bonds which are reasonably designed to insure continuing compliance with such limitation of sales to institutional investors. If the District's bonds are rated in one of the four highest investment grade rating categories by one or more nationally recognized organizations which regularly rate such obligations, compliance with the institutional investor limitation set forth above shall not be required. 20 ( g. Refunding bonds. General obligation refunding bonds may be issued by the District to defease original issue bonds in compliance with applicable law, but any such refunding shall not extend the maturity of the bonds being refunded nor increase the total debt service thereon and shall meet the requirements of§ 32-l-1101(6)(a), C.R.S. Any issuance of refunding bonds must comply with paragraph (f) above ("Investor Suitability"). Additionally, all limitations, restrictions and requirements of this Service Plan with respect to general obligation bonds of the District shall be applicable to· refunding bonds, including, without limitation, Limited Mill Levy, debt limit, maximum interest' rate, maximum discount, maximum term, prohibition on acceleration, bank trustee requirement and opinion requirements. h. Construction Financing Notes Issued to Developer. The District may issue construction financing notes to the Developer to evidence the District's obligation to reimburse the Developer's advances for construction costs; any Developer advances which are not so reimbursed shall be treated as Developer contributions as described in Article V.a, above. Such notes shall be subject to the following restrictions set forth above for general obligation bonds: Limited Mill Levy, debt limitation, maximum term, prohibition on acceleration, and opinion as to Service Plan compliance; but such notes shall not be subject to the above-stated bank trustee requirement, or bond counsel opinion requirements. Such notes shall not be general obligations of the District, shall bear no interest (see Exhibit G), shall be issued only to the Developer (and therefore shall be not be subject to any underwriting discount), and shall not be transferred, assigned, participated or used as security for any borrowing. The Developer hereby represents that it is an accredited investor, as that term is defined under§§ 3(b) and (4)(2) of the federal "Securities Act of 1933" by regulation adopted 21 thereunder by the Securities and Exchange Commission. Such notes shall be paid from proceeds of the District's general obligation bonds (when and if received by the District, and subject to prior payment of amounts payable to the Town as provided in Article V.c, above); otherwise the notes will be unsecured obligations of the District. To the extent that any of such notes are outstanding when the District's general obligation bonds are also outstanding, payments on the notes may be made only if such payments do not adversely affect the District's ability to pay its general obligation bonds. The Developer solely assumes the risk of nonpayment or other default on such notes, including, without limitation, delay, inability or failure of the District to sell or issue its general obligation bonds. i. Identification of District Revenue. The District will impose a mill levy on all taxable property in the District as the primary source of revenue for repayment of debt service and for operations and administration. The mill levy imposed by the District shall not exceed fifty (50.000) mills, ·except for Gallagher adjustments permitted under V.b, above. Although the mill levy imposed may vary depending on the phasing of facilities anticipated to be funded, it is estimated that a mill levy of approximately forty (40.000) mills will produce revenue sufficient to support debt service and operations and warranty maintenance expenses throughout the repayment period. No fees or user charges shall be imposed by the District. j. Security for Debt. The District will not pledge any Town funds or assets for security for the indebtedness set forth in the Financing Plan of the District. 22 ( k. Services of District. The District will require sufficient operating funds to plan and cause the public improvements to be constructed. The costs are expected to include: organizational costs, legal, engineering, accounting and debt issuance costs, compliance with warranty obligations, compliance with state reporting and other administrative requirements. The first year's operating budget (for 2004) is estimated to be Fifty Thousand Dollars ($50,000) and the second year's operation budget (for 2005) is estimated to be Thirty Thousand Dollars ($30,000). The operating budget amounts shown in Exhibit Gare expected to be sufficient to enable the District to comply with its warranty obligations as described in Article IV.g above. I. Quinquennial Review. Pursuant to§ 32-1-1101.5, C.R.S., the District shall submit application for a quinquennial finding of reasonable diligence in every fifth (5 th ) calendar year after the calendar year in which the District's ballot issue to incur general obligation indebtedness is approved by its electorate. Upon such application, the Board of Trustees may accept such application or hold a public hearing thereon and take such actions as are permitted by law. The District shall be responsible for payment of the Town consultant and administrative costs associated with such review, and the Town may require a deposit of the estimated costs thereof. The Town shall have all powers concerning the quinquennial review as provided by statutes in effect from time to time. m. Letters . . There is attached hereto as Exhibit H an underwriter's letter stating its intention to underwrite the District's financial obligations as proposed in this Financing Pian. There is attached hereto as Exhibit I a letter from legal counsel for the District stating that the petition for organization of the District, this Service Pian, notice and hearing procedures in connection therewith, and provisions thereof (including without limitation provisions as to the District's 23 bonds, fees and revenue sources) meet the requirements of titles 11 and 32, C.R.S., and other applicable law. There is attached hereto as Exhibit J a letter from bond counsel for the District (i) stating that provisions for payments of bond proceeds to the Town for deposit into the Town's capital improvements funds are authorized and permissible under currently applicable laws, and that the District is authorized by currently applicable laws to undertake such borrowing and make such payments of bond proceeds to the Town; and (ii) describing any significant legal or tax requirements or restrictions that the Town will be expected to comply with in connection with such payments. VI. LANDOWNERS' OBLIGATIONS AS TO PUBLIC IMPROVEMENTS The creation of the District shall not relieve the Developer, the landowner or any · subdivider of property within the District, or any of their respective successors or assigns, of obligations to construct public improvements for the Stoneridge development, of the obligation to enter into a subdivision improvements agreement regarding such improvements, or of obligations to provide to the Town letters of credit as required by the Town to ensure the completion of such public improvements, or of any other obligations to the Town under Town ordinances, rules, regulations or policies, or under other agreements affecting the property within the District or the Stoneridge development, or any other agreement between the Town and the Developer (or any such landowner, subdivider or successors or assigns). VII. ANNUAL REPORT The District shall be responsible for submitting an annual report to the Town within one hundred twenty (120) days from the conclusion of the District's fiscal year. Failure of the District to submit such report shall not constitute a material modification hereof, unless the 24 ( District refuses to submit such report within thirty (30) days after a written request from the Town to do so. The District's fiscal year shall end on December 3 I st of each year. The content of the annual report shall include information as to the following matters which occurred during the year: a. Boundary changes made or proposed; b. Intergovernmental Agreements entered into or proposed; c. Changes or proposed changes in the District's policies; d. Changes or proposed changes in the District's operations; e. Any changes in the financial status of the District including _any issuance of financial obligations or any change in revenµe projections or operating costs; f. A summary of any litigation and notices of claim involving the District; g. Proposed plans for the year immediately following the year summarized in the annual report; h. Status of construction of public improvements; 1. The current assessed valuation in the District; and J. A schedule of all taxes imposed and tax or· other revenues received in the report year, and proposed taxes to be imposed, and identified revenues to be received in the following year and the revenues raised or proposed to be raised therefrom. The foregoing list shall not be construed to excuse the requirement for prior written Town approval of those matters that are considered material modifications of this Service Plan or for any other required Town approval. The annual report shall be signed by the President and attested by the Secretary of the District. Along with the annual report, and at any more frequent intervals as reasonably requested by the Town, the District shall provide to the Town a currently 25 dated and written certificate, signed by the President and Secretary of the District, certifying that the District is in full compliance with this Service Plan. If the District is not in full compliance with this Service Plan, the certificate shall include a detailed statement describing such noncompliance, and the District shall cooperate fully with the Town in providing further information as to, and promptly remedying, any such noncompliance. The Town reserves the right, pursuant to § 32-I-207(3)(c), C.R.S., to request reports from the District beyond the mandatory statutory five (5) year reporting report. In addition to the foregoing, the District shall cooperate with the Town by providing prompt responses to all reasonable requests by the Town for information, and the District shall pem1it the Town to inspect all public improvements and facilities and all books and records of the District. VIII. DISSOLUTION Promptly when all of the general obligation bonds to be issued by the District have been paid ( or when provision for payment thereof has been made through establishment of an escrow as provided by§ 32-l-702(3)(b), C.R.S.), the District will so notify the Town and will cooperate fully with the Town in taking all steps necessary under then applicable law to dissolve the District (including, without limitation: formulating a plan of dissolution; executing the District's consent to dissolve pursuant to§ 32-l-704(3)(b), C.R.S.; making any necessary agreements as to continuation or transfer of warranty maintenance and other services, if any, which are then being provided by the District; submitting a petition for dissolution to the District Court; and, conducting any required dissolution election). In addition, at any time after issuance of the District's general obligation bonds, upon the Town's request, the District will cooperate fully with the Town to dissolve the District (without 26 such payment of outstanding general obligation bonds of the District or establishment of an escrow therefor) as provided in§§ 32-l-702(3)(c) and 32-l-707(2)(c), C.R.S. Also, on or after December 31, 2009, if the District has not issued any of its general obligation bonds, the Town shall have the right to require the District to dissolve in accordance with applicable law, and the District will cooperate fully with the Town to dissolve the District. To the maximum extent permitted by law, the above-stated agreements to cooperate in dissolution of the District shall be binding on the undersigned Developer and other landowners signing the Consent contained in Exhibit D to this Service Plan (together constituting the owners of one hundred percent (100%) of the land in the District) and shall also be binding on their successors in title to any and all land in the District (inclucling the nominees for the initial Board of Directors set forth in Article X hereof and succeeding directors who own land within the District); and such agreements shall obligate all such persons to cooperate fully with the Town as described above, including without limitation, the signing of petitions, execution of consents, and voting in favor of dissolution in any required election. IX. CONSOLIDATION The District shall not file a request with the District Court to consolidate with another district witl1out the prior written approval of the Board of Trustees. X. ELECTIONS Following approval of this Service Plan by the Town, and after acceptance of the organizational petition and issuance of orders from the District Court, elections on the questions of organizing the District and approving bonded indebtedness and various agreements described 27 herein, including the intergovernmental agreement between the Town and the District contemplated in Article XIII and Exhibit N hereof, will be scheduled. All elections will be conducted as provided in the court orders, the Uniform Election Code of 1992 (as substantially amended by House Bill 93-1255 and as otherwise amended from time to time), and Article X §20 of the Colorado Constitution (the "TABOR Amendment"), and are currently planned for May 4, 2004, but may be held on any legally permitted date. The election questions are expected to include whether to organize the District, election of initial directors, and TABOR Amendment ballot issues and questions. Thus, the ballot may deal with the following topics (in several questions, but not necessarily using the exact divisions shown here): a. Whether to organize the District, b. Membership and terms of the initial board members, c. Approval of new taxes, d. Approval of maximum operational mill levies, e. Approval of bond and other indebtedness limits, f. Approval of an initial property tax revenue limit, g. Approval of an initial total revenue limit, h. Approval of an initial fiscal year spending limit, and 1. Approval of a four ( 4) year delay in voting on ballot issues. Ballot issues may be consolidated as approved in court orders. The petitioners intend to follow both the letter and the spirit of the Special District Act, the Uniform Election Code and the TABOR Amendment during organization of the District. Future elections to comply with the TABOR Amendment may be held as determined by the elected Board of Directors of the District. 28 ( The following persons, who are or will be owners of property within the District, are anticipated to be nominated for the initial board of directors of the District: Bailey E. Dotson Best Buy Homes Colorado, Inc. 1011 South Valentia Street, #36 Denver, Colorado 80231 (303) 751-9910 Richard Cavalli 34523 Upper Bear Creek Road Evergreen, Colorado 80439 (303) 670-9888 Stephen R. Parry 5336 Flatrock Court Morrison, Colorado 80465 (303) 931-4498 XI. INDEMNITIES Marilou Dotson 1011 South Valentia Street, #36 Denver, Colorado 80231 (303) 751-9910 Lindsay Cavalli 34523 Uppe"r Bear Creek Road Evergreen, Colorado 80439 (303) 670-9888 The fully executed Best Buy Homes Colorado, Inc. Indemnity Letter attached hereto as Part 1 of Exhibit K is submitted by the Developer to the Town as part of this Service Plan. The form of the District ·Indemnity Letter attached hereto as Part 2 of Exhibit K shall be executed by the District and delivered to the Town immediately upon formation of the District. The execution of such Indemnity Letters are material considerations in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. XII. DISCLOSURE AND DISCLAIMER; NO THIRD-PARTY RIGHTS The District will also record a statement against the property within the District which will include notice of the existence of the District, anticipated mill levy and maximum allowed mill levy. The form of the notice is attached hereto and incorporated herein as Exhibit L, 29 subject to any changes requested by the Town in the future. In addition, there is attached hereto as Exhibit M a form of the Town's disclaimer statement. The District shall conspicuously include this disclaimer statement, or any modified or substitute statement hereafter furnished by the Town, in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, the District shall deliver the disclaimer statement to any prospective purchaser of such bonds or financial obligations). No changes shall be made to the disclosure and the disclaimer set forth in Exhibits L and M, respectively, except as directed by the Town. Neither this Service Plan nor any other related agreements shall be construed to impose upon the Town any duties to· or confer any rights against the Town upon, any bondholders or other third parties. XIII. INTERGOVERNMENTAL AGREEMENTS The District shall enter into an intergovernmental agreement with ihe Town which shall be in substantially the form set forth in Exhibit N. The District shall execute and deliver the intergovernmental agreement to the Town immediately upon formation of the District. The execution of such Agreement is a material consideration in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. No other intergovernmental agreements are proposed at this time. Any intergovernmental agreements proposed regarding the subject matter of this Service Plan shall be subject to review and approval by the Board of Trustees prior to their execution by the District. Failure of the District to obtain such approval shall constitute a material modification of this Service Plan. 30 I XIV. CONSERVATION TRUST FUND The District shall not apply for or claim any entitlement to funds from the Conservation Trust Fund which is derived from lottery proceeds, or other funds available from or through governmental or nonprofit entities for which the Town is eligible to apply. The District shall remit to the Town any and all conservation trust funds which it receives. XV. MODIFICATION OF SERVICE PLAN The District shall obtain the prior written approval of the Town before making any material modifications to this Service Plan. Material modifications require a Service Plan amendment and include modifications of a basic or essential nature, including, but not limited to, the following: I. Any change in the stated purposes of the District or additions to the types of facilities, improvem.ents or programs provided by the District; 2. Any issuance by the District of financial obligations not expressly authorized by this Service Plan, or under circumstances inconsistent with the District's financial ability to discharge such obligations as shown in the build out, assessed valuation and other forecasts contained in Exhibit G, or any change in debt limit, change in revenue type or change in maximum mill levy (except for any necessary Gallagher adjustment as provided in Article V.b, above); 3. · Any change in the types of improvements or estimated costs of improvements from what is stated in Exhibit E of this Service Plan; 31 4. Failure by the District to comply with the requirements of Article V.c of this Service Plan or Section 6 of the intergovernmental agreement (the form of _which is attached hereto as Exhibit N) concerning transfer of bond proceeds to the Town; or 5. Failure by the District to enter into the intergovernmental agreement (the form of which is attached hereto as Exhibit N) immediately upon the District's formation as provided in Article XIII of this Service Plan. 6. Failure to comply with the requirements of this Service Plan concerning the dedication of improvements or the acquisition and conveyance of lands or interests in land; 7. The failure of the District to develop any capital facility proposed in its Service Plan when necessary to service approved development within the District; 8. Any proposed use of the powers set forth in§§ 32-1-l l0l(l)(f) and -1101(1.5), C.R.S., respecting division of the District; 9. The occurrence of any event or condition which is defined under the Service Plan or intergovernmental agreement as necessitating a service plan amendment; 10. The default by the District under any intergovernmental agreement; 11. Any of the events or conditions enumerated in § 32-1-207(2), C.R.S., of the Special District Act; or 12. Any action or proposed action by the District which would interfere with or delay the planned dissolution of the District as provided in Article VII hereof. (The examples above are only examples and are not an exclusive list of all actions which may be identified as a material modification.) The District will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with any request by the District 32 I for modification of this Service Plan or administrative approval by the Town of any request hereunder. The Town may require a deposit of such estimated costs. XVI. FAILURE TO COMPLY WITH SERVICE PLAN In the event it is determined that the District has undertaken any act or omission which violates the Service Plan or constitutes a material departure from the Service Plan, the Town may utilize the remedies set forth in the statutes to seek to enjoin the actions of the District, or may withhold issuance of any permit, authorization, acceptance or other administrative approval for the Stoneridge development, or may pursue any other remedy available at law or in equity, including affirmative injunctive relief to require the District to act in ~ccordance with the provisions of this Service Plan. The District shall pay any and all costs, including attorneys' fees, incurred by the Town in enforcing any provision of the Service Plan. To the extent permitted by law, the District hereby waives the provisions of § 32-l-207(3)(b), C.R.S., and agrees it will not rely on such provisions as a bar to the enforcement by the Town of any provisions of this Service Plan. XVII. RESOLUTION OF APPROVAL The Developer and other proponents of the proposed District agree to and shall incorporate the Board of Trustee's Resolution of Approval, including any conditions on such approval, into the Service Plan presented to the appropriate district court. Such resolution shall be attached as Exhibit 0. 33 XVITI.SEVERABILITY If any portion of this Service Plan is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not cause the entire Service Plan to be terminated. Further, with respect to any portion so held invalid or unenforceable, the District and Town agree to pursue a Service Plan amendment or take such other actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. 34 XIX. CERTIFICATION This Service Plan is submitted to the Town by the undersigned Developer, which is the District petitioner, and with the consent of all property owners of aJI property within the boundaries of the proposed District. The undersigned wiJI cause written notice of the Town's hearing on the proposed Se1vice Plan to be duly given to all "interested paiiies" within the meaning of§ 32-1-204, C.R.S., and will or has caused all othyr required filings to be made and all other applicable procedural requirements to be met. The infomrntion contained in this Service Plan is true and correct as of th.is date. BEST BUY HOMES COLORADO, INC. A Colorado co_rporation ( Bailey Dotso ( EXHIBIT A Legal Description A parcel of land being part of the Northwest Quarter (NWl/4) of Section Thirteen (13) and part of the East Half (El/2) of Section Fourteen (14), all in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being moi-e particularly described as follows: BEGINNING at the Northwest Comer of said Section 13 and assuming the North line of said NWl/4 as bearing South 89°3 I '25" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2699.37 feet with all other bearings contained herein relative thereto From said point the West Quarter Comer of said Section 13 bears South 00°30'1 l" East a distance of2650.68 feet: THENCE South 00°30' 11" East along the West line of said NWl/4 a distance of 30.00 feet to the intersection with the Southerly Right-Of-Way (ROW) line of Weld County Road #22 (WCR #22). Said point being the TRUE POINT OF BEGINNING. Said point also being on the Southerly line of Firestone Sixth Annexation (FSA) as recorded May 5, 1997 in Book 1604 as Reception Number 2546405 of the records of the Weld County Clerk and Recorder (WCCR); THENCE South 89°31 '25" East along the Southerly ROW line of said WCR #22, also being the Southerly line of said FSA a distance of 2699.16 feet to tjie East line of said NWl/4; TENCE South 00°06'24" East along said East line a distance of 2183.38 feet to the Northeast Comer of that parcel of land as described in that Warranty Deed as recorded May 20, 1999 as Reception Number 2694995 of the records of the WCCR. From said point the Center Quarter Comer of said Section 13 bears South 00°06'24" East a distance of 420.00 feet; Thence along the Northerly and Westerly line of the aforesaid parcel of land by the following Two (2) courses and distances: THENCE North 89°53'17" West along a line parallel with the South line of said NWl/4 a distance of 420.00 feet; THENCE South 00°06'24" East along a line parallel with the East line of said NWl/4 a distance of 420.00 feet to the South line of said NW!/4 and being the Southwest Comer of the aforesaid parcel of land. From said point the Center Quarter Comer of said Section 13 bears South 89°53' 17" East a distance of 420.00 feet; THENCE North 89°53' 17" West along the South line of said NWl/4 a distance of2230.92 feet to the Westerly ROW line of Weld County Road #11 (WCR #11). Said point also being on the Easterly of Weld County Road 11 and 22 Annexation as recorded February 10, 2000 as Reception Number 2749171 of the records of the WCCR; Thence along the Easterly and Northerly line of the aforesaid annexation by the following Three (3) courses and distances: THENCE North 00°28'!3" West a distance of 0.31 feet; THENCE South 89°31'47" West a distance of30.00 feet to the West Quarter Comer of said Section 13; THENCE South 89°31 '47" West a distance of 30.00 feet to the Westerly ROW line of said WCR # 11; THENCE North 00°30' 11" West along said Westerly ROW line a distance of 2620.95 feet to the Southerly ROW line of said WCR #22; THENCE South 89°56'30" East along said Southerly ROW line a distance of30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 159.050 Acres, more or less(±) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. ( ( EXHIBIT B Boundary Map STONERIDGE V .LIRIHX3 A parcel of land being part of the Northwest Quarter (NWl/4) of Section Thirteen (13) and part of the East Half (El/2) of Section Fourteen (14), all in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northwest Comer of said Section 13 and assuming the North line of said NW 1/4 as bearing South 89°31 '25" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2699.37 feet with all other bearings contained herein relative thereto From said point the West Quarter Comer of said Section 13 bears South 00°30'1 l" East a distance of2650.68 feet: THENCE South 00°30'1 l" East along the West line of said NWl/4 a distance of 30.00 feet to the intersection with the Southerly Right-Of-Way (ROW) line of Weld County Road #22 (WCR #22). Said point being the TRUE POINT OF BEGINNING. Said point also being on the Southerly line of Firestone Sixth Annexation (FSA) as recorded May 5, 1997 in Book 1604 as Reception Number 2546405 of the records of the Weld County Clerk and Recorder (WCCR); THENCE South 89°31 '25" East along the Southerly ROW line of said WCR #22, also being the Southerly line of said FSA a distance of 2699.16 feet to the East line of said NWI/4; TENCE South 00°06'24" East along said East line a distance of2183.38 feet to the Northeast Comer of that parcel of land as described in that Warranty Deed as recorded May 20, 1999 as Reception Number 2694995 of the records of the WCCR. From said point the Center Quarter Comer of said Section 13 bears South 00°06'24" East a distance of 420.00 feet; Thence along the Northerly and Westerly line of the aforesaid parcel ofland by the following Two (2) courses and distances: THENCE North 89°53'17" West along a line parallel with the South line of said NWl/4 a distance of 420.00 feet; THENCE South 00°06'24" East along a line parallel with the East line of said NW!/4 a distance of 420.00 feet to the South line of said NWl/4 and being the Southwest Comer of the aforesaid parcel of land. From said point the Center Quarter Comer of said Section 13 bears South 89°53' 17" East a distance of 420.00 feet; THENCE North 89°53' 17" West along the South line of said NWI/4 a distance of2230.92 feet to the Westerly ROW line of Weld County Road #11 (WCR #I I). Said point also being on the Easterly of Weld County Road 11 and 22 Annexation as recorded Febrnary JO, 2000 as Reception Number 2749171 of the records of the WCCR; Thence along the Easterly and Northerly line of the aforesaid annexation by the following Three (3) courses and distances: THENCE North 00°28' 13" West a distance of 0.31 feet; THENCE South 89°31 '47" 'Nest a distance of30.00 feet to the West Qua11er Comer of said Section 13; THENCE South 89°31 '47" West a distance of 30.00 feet to the Westerly ROW line of said WCR #11; THENCE North 00°30' 11" West along said Westerly ROW line a distance of 2620.95 feet to the Southerly ROW line of said WCR #22; THENCE South 89°56'30" East along said Southerly ROW line a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 159.050 Acres, more or less(±) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. ( May 29, 2003 Town of Firestone P.O. Box 100 Firestone, Colorado 80520 RE: Proposed Stone Ridge Metropolitan District (the "District") To Whom It May Concern: The Elda Mae Johnson and The Elizabeth N. Doores Trust, dated October 8, 1996, is an owner of the property attached hereto as Exhibit A, which property is proposed to constitute the boundaries of the District. The purpose of this letter is· to advise that I, Grant V. Niven, having the power of attorney for the Elda Mae Johnson and The Elizabeth_ N. Doores Trust, dated October 8, 1996, consent to the organization of the District. THE ELDA MAE JOHNSON AND THE ELIZABETH N. DOORES TRUST, dated October 8, 1996 STATE OF E0I:;BR1\:00--I\ (\-(JS fl s COUNTY OF SL, ,-..1-v0u: .. ) ) ss ) Subs~ribed and sworn to before me on this .:,0 <.:!=day of May 2003, by Grant V. Niven as co-trustee of the Elda Mae Johnson and The Elizabeth N. Doores Trust, dated October 8, 1996. Sc;~tt. '--. Burnett IJlot'MyJ Public State of K,_,ansas My Appt. Expires ~) • f lo ·-1·/ / Notary Public My commission expires //4·~ fl--K<:' µ I I.!, ':l.1:.JtJ•/ ' Stone: Ridge\Service Plan JLGl257 0701.00030617 .OOOJ EXHIBIT A A parcel of land being part of the Northwest Quarter (NWl/4) of Section Thirteen (13) and part of the East Half (El/2) of Section Fourteen (14), all in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northwest Comer of said Section 13 and assuming the North line of said NWl/4 as bearing South 89°31 '25" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2699.37 feet with all other bearings contained herein relative thereto From said point the West Quarter Comer of said Section 13 bears South 00°30' 11" East a distance of 2650.68 feet: THENCE South 00°30' 11" East along the West line of said NW 1/4 a distance of 30.00 feet to the intersection with the Southerly Right-Of-Way (ROW) line of Weld County Road #22 (WCR #22). Said point being the TRUE POJNT OF BEGINNING. Said point also being on the Southerly line of Firestone Sixth Annexation (FSA) as recorded May 5, 1997 in Book 1604 as Reception Number 2546405 of the records of the Weld County Clerk and Recorder (WCCR); THENCE South 89°31 '25" East along the Southerly ROW line of said WCR #22, also being the Southerly line of said FSA a distance of 2699.16 feet to the East line of said NWl/4; TENCE South 00°06'24" East along said East line a distance of2l83.38 feet to the Northeast Comer of that parcel of.land as described in that Warranty Deed as recorded May 20, 1999 as Reception Number 2694995 of the records of the WCCR. From said point the Center Quarter Comer of said Section 13 bears South 00°06'24" East a distance of 420.00 feet; Thence along the Northerly and Westerly line of the aforesaid parcel ofland by the following _Two (2) courses and distances: THENCE North 89°53'17" West along a line parallel with the South line of said NWl/4 a distance of 420.00 feet; THENCE South 00°06'24" East along a line parallel with the East line of said NWl/4 a distance of 420.00 feet to the South line of said NWl/4 and being the Southwest Comer of the aforesaid parcel of land. From said point the Center Quarter Comer of said Section 13 bears South 89°53' 17" East a distance of 420.00 feet; THENCE North 89°53 '17" West along the South line of said NWl/4 a distance of2230.92 feet to the Westerly ROW line of Weld County Road #11 (WCR #11 ). Said point also being on the Easterly of Weld County Road l I and 22 Annexation as recorded Febmary 10, 2000 as Reception Number 2749171 of the records of the WCCR; Thence along the Easterly and Northerly line of the aforesaid annexation by the following Three (3) courses and distances: THENCE North 00°28'13" West a distance of 0.31 feet; THENCE South 89°3 I '47" West a distance of 30.00 feet to the West Quarter Comer of said Section 13; THENCE South 89°3 I '47" West a distance of 30.00 feet to the Westerly ROW line of said WCR # 11; THENCE North 00°30' 11" West along said Westerly ROW line a distance of 2620.95 feet to the Southerly ROW line of said WCR #22; THENCE South 89°56'30" East along said Southerly ROW line a distance of 30.00 feet to the TRUE POINT OF BEGINNJNG. Said described parcel ofland contains 159.050 Acres, more or less(±) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel ofland. , .. SPECIAL PO\VER OF ATTORi~EY I, ELIZABETH N. DOORES, as trustee of the ELIZABETH N. DOORES TRUST, under agreement dated October 8, 1996, the principal, of 13 73 N. Cherry Street, Galesburg, lliinois 61401, designate GRANT V. NTVEN of215 S.W. Yorkshire Road, Topeka, Kansas 66606, my attorney in fact and agent (subsequently called agent) in my name and for my benefit: 1. Grant of Power. I grant to my agent full power and authority to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating specifically to the ownership, management, maintenance, lease, trade or sale of the following described real property located in Weld County, Colorado, to wit: The Northwest quarter (NW ¼) of Section 13, Township 2 North, Range 68 West of the 6th P.M., Weld Co., Colorado. The Northeast quarter (NE¼) ofSection'34, Township 1 North, Range 68 West of the 6th P.M., Broomfield Co., Colorado.· With respect to the above-described property, I grant to my agent full power and authority to do everything necessary in exercising any of.the powers herein granted as · fully as I might or could do if personally present, with full power of substitution or revocation; hereby ratifying and confirming all .that my agent shall lawfully do or cause . to be done by virtue of this power of attorney and the powers herein granted. a. Powers of Collection and Payment. To forgive, request, demand, sue for, recover, collect, receive, hold all such sums of money, debts, dues, commercial paper, checks, drafts, accounts~ deposits, notes, interests, certificates of deposit, and other contractual benefits and proceeds, all documents of title, all property, -real or personal, intangible and tangible property and property rights, and demands whatsoever, liquidated or unliquidated, now or hereafter owned by, or due, owing, payable or belonging to me or in which I have or may hereafter acquire an interest; to have, use, and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other sufficient discharges for the same; b. Power to Acquire and Sell. To acquire, purchase, exchange, grant options to sell, and sell and convey said real property or interest therein on such terms and conditions as my agent shall deem proper c. Management Powers. To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with said real property, or any interest thereon, that I now own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions as my agent shall deem proper; d: Banking Powers. To make, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of · deposit, in ban.ks·, savings and loan associations and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; 2. Interpretation. This instrument is to be construed and interpreted as a limited power of attorney. The specific powers herein granted to my agent are limited to control over the above-described real property and monies generated from it. 3. Third Party Reliance. Third parties may rely upon the representations of my agent as to all matters relating to any power granted to my agent, and no person who may act in reliance upon the representations of my agent or the authority granted to my agent shall incur any liability to me or my estate as a result of permitting my agent to exercise any power. 4. Disability of Principal. This Power of Attorney shall not be affected by my disability. 5. Fiduciary Powers. Notwithstanding any other provision of this Power of Attorney, my agent shall have no rights or powers hereunder with respect to .any act-, power, duty, right or obligation, relating to any person, matter, transaction or property, owned by me or in my custody as a trustee, custodian, personal representative or other fiduciary capacity. Dated: _________ _ .. ., ~ ,,,.•' ,.,; .-~-~/_:,,.•:.·,;, !.~... :.-•.· h~~ ....,,,.,, (~• ,,..-, C 7 ,, • ~,L.i_<, f /~ ELIZ ETH N. DOORES, USTEE OF THFELIZABETH N. DO ORES TRUST UNDER AGREEMENT DATED OCTOBER 8, 1996 ( STATE OF JLLINOIS COUNTY OF KNOX ) ) ss: ) ~ ~oregoing instrument was acknowledged before me this ~ day of ~El': , 2002, by Elizabeth N. Doores, Trustee of the Elizabeth N. Dacres Trust Under Agreement Dated October 8, 1996. . ) """'· -.::.. WITNESS my hand and official seal. My commission expires: /;,··'5-03 OFFICIAL SEAL • KAREN R HAMBLETON : ' NOTAR'r' PUBLIC, STATE OF ILLINOIS MY COMMISSION E·XPIRES:06/08/0J Notary Public. ( SPECIAL POWER OF ATTORNEY I, ELDA MAE JOHNSON, the principal, of710 North 44 th Avenue, Yakima, Washington 98908, designate GRAi'-i'T V. NIVEN of 215 SW Yorkshire Road, Topeka, Kansas 66606, my attorney in fact and agent (subsequently called agent) in my name and for my benefit: 1. Grant of Power. I grant to my agent full power and authority to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating specifically to the ownership, management, maintenance, lease, trade or sale of the following described real property located in Weld County, Colorado, to wit: The Northwest quarter (NW¼) of Section 13, Township 2 North, Range 68 West of the 6th P.M., Weld Co., Colorado. The Northeast quarter (NE¼) of Section 34, Township I North, Range 68 West of the 6th P.M., Broomfield Co., Colorado. With respect to the above-described property, I grant to my agent full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted. a. Powers of Collection and Payment. To forgive, request, demand, sue for, recover, collect, receive, hold all such sums of money, debts, dues, commercial paper, checks, drafts, accounts,'deposits, notes, interests, certificates of deposit, and other contractual benefits and proceeds, all documents of title, all property, real or personal, intangible and tangible property and property rights, and demands whatsoever, liquidated or unliquidated, now or hereafter owned by, or due, owing, payable or belonging to me or in which I have or may hereafter acquire an interest; to have, use, and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other sufficient discharges for the same; ( 2. 3. 4. 5. b. Power to Acquire and Sell. To acquire, purchase, exchange, grant options to sell, and sell and convey said real property or interest therein on such terms and conditions as my agent shall deem proper c. Management Powers. To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with said real property, or any interest thereon, that I now own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions as my agent shall deem proper; d: Banking Powers. To make, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; Inter:pretation. This instrument is to be construed ·and interpreted as a limited power of attorney. The specific powers herein granted to my agent are limited to control over the above-described real property and monies generated from it. Third Party Reliance. Third parties may rely upon the representations of niy agent as to all matters relating to any power granted to my agent, and no person who may act in reliance upon the representations of my agent or the authority granted to my agent shall incur any liability to me or.my estate as a result of pennitting my agent to exercise any power. Disability of Principal. This Power of Attorney shall not be affected by my disability. Fiduciary Powers. Notwithstanding any other provision of this Power of Attorney, my agent shall have no rights or powers hereunder with respect to any act, power, duty, right or obligation, relating to any person, matter, transaction or property, owned by me or in my custody as a trustee, custodian, personal representative or other fiduciary capacity. Dated: / p -i . ..S/.... t" ·:: ELDA MAE JQ:liNSON STATE OF \VASHINGTON ) ) ss: COUNTY OF YAKIMA ) The foregoing instrument was acknowledged before me this \ "b day of 0 C:\ 0~~ , 2002, by Elda Mae Johnson. -- WITNESS my hand and official seal. My commission expires: I'()() G 2J..L.> ; B...DO 5 LINDA J. LEIFERMAN NOTARY-PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES . NOVEMBER 20, 2005 L..-----·-· ·-····----' ( May 29, 2003 Town of Firestone P.O. Box 100 Firestone, Colorado 80520 RE: Proposed Stone Ridge Metropolitan District (the "District") To Whom It May Concern: The Grant V. Niven Revocable Trust, dated March 26, 2002, is an owner of the property attached hereto as Exhibit A, which prope1ty is proposed to constitute the boundaries of the District. The ·purpose of this letter is lo advise that I, Grant V. Niven, as co-trustee of the Grant V. Niven Revocable Trust, dated March 26, 2002, consent to the organization of the District. GRANT V. NIVEN REVOCABLE TRUST, dated March 26, 2002 STATE OF eebQRAQG-KA-tJSl'l·S ) ) ss ) Subscribed and sworn to before me on this 3D1;!. day of May 2003, by Grant V. Niven as co-trustee of the Grant V. Niven Revocable Trust, dated March 26, 2002. ~J..Bumett Notary Public State of Kansas My Appl. Expires 3 -I C, .. cf ' 7 Notary Public My commission expires /i\'11)12.C /.f I le, ) (IO'f . · StOnc Ridge\Servicc Plan JLG1251 0701.000)0617.000J EXHIBIT A A parcel of land being part of the Northwest Quarter (NWl/4) of Section Thirteen (13)and part of the East Half (El/2) of Section Fourteen (14), all in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal l\:leridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northwest Comer of said Section 13 and assuming the North line of said NWJ/4 as bearing South 89°31 '25" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2699.37 feet with all other bearings contained herein relative thereto From said point the West Quarter Comer of said Section 13 bears South 00°30'1 l" East a distance of2650.68 feet: THENCE South 00°30'1 I" East along the West line of said NWI/4 a distance of30.00 feet to the intersection with the Southerly Right-Of-Way (ROW) line of Weld County Road #22 (WCR #22). Said point being the TRUE POINT OF BEGINNING. Said point also being on the Southerly line of Firestone Sixth Annexation (FSA) as recorded May 5, 1997 in Book 1604 as Reception Number 2546405 of the records of the Weld County Clerk and Recorder (WCCR); THENCE South 89°31 '25" East along the Southerly ROW line of said WCR #22, also being the Southerly line of said FSA a distance of 2699.16 feet to the East line of said NWl/4; TENCE South 00°06'24" East along said East line a distance of2183.38 feet to the Northeast Comer of that parcel of land as described in that Warranty Deed as re~orded May 20, 1999 as Reception Number 2694995 of the records of the WCCR. From said point the Center Quarter Comer of said Section 13 bears South 00°06'24" East a distance of 420.00 feet; Thence along the Northerly and Westerly line of the aforesaid parcel of land by the following Two (2) courses and distances: THENCE ·North 89°53'17" West along a line parallel with the South line of said NWI/4 a distance of 420.00 feet; THENCE South 00°06'24" East along a line parallel with the East line of said NWl/4 a distance of420.00 feet to the South line of said NWl/4 and being the Southwest Corner of the aforesaid parcel of land. From said point the Center Quarter Comer of said Section 13 bears South 89°53' 17" East a distance of 420.00 feet; THENCE North 89°53' 17" West along the South ·line of said NWl/4 a distance of 2230.92 feet to the Westerly ROW line of Weld County Road #11 (WCR #11). Said point also being on the Easterly of Weld County Road 11 and 22 Annexation as recorded February 10, 2000 as Reception Number 2749171 of the records of the WCCR; Thence along the Easterly and Northerly line of the aforesaid annexation by the following Three (3) courses and distances: THENCE North 00°28' 13" West a distance of 0.31 feet; THENCE South 89°31 '47" West a distance of 30.00 feet to the West Quarter Comer of said Section 13; THENCE South 89°31 '47" West a distance of 30.00 feet to the Westerly ROW line of said WCR #11; THENCE North 00°30' 11" West along said Westerly ROW line a distance of 2620.95 feet to the Southerly ROW line of said WCR #22; THENCE South 89°56'30" East along said Southerly ROW line a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 159.050 Acres, more or less(±) and is subject to any rights-of-way or other easements as granted or reserved by instrnments of record or as now existing on said described parcel of land. l I EXHIBITE Engineering Estimates Desert tlon 1nSn~£i]Oij ""F:eg;: r qwfl: Const Permits other. _ .. CfflJ.§!'l!~!f..O.l! F.111Jj{!e!J.(!~1' Construction Survey Geotechnfcal _Ef)fl •. _. __ Gradln..fl ___________ _ Erosfon Control ____ . Storm Sewer ___ ... STONERIDGE METROPOLITAN DISTRICT PUBLIC IMPROVEMENTS ESTIMATE OF PROBABLE CONSTRUCTION COSTS 3-29-04 Item Unit UnitQ Unit Cost , lnsp!!clic~,:iS .4:i1~ . Perrrfa A!iO'!' :. · • Est ..... ---··· -~.---~Est 27,?00.00 . ~:soo.Oo 5.500.00 As-Bu1lls & Certs CO[lslructio,:i Cha~ges .' ." Const. SulVey Certs .3: As Buills Tesl sOns & Materials·· ·· · PaVerierlt oflsign · · -· . : ~~ianSe)~t!pc;,rts "6•MH ·_-~· ryp ·c: olluet Typ "D" Inlet · Do,ible ryp··.o· Out1e1 · 5' Typ "R" Intel . . ,er rYP ·R•"tnl'et .. 15'TYJl'"R"lnle_t_ 20' Typ "R" Inlet •. 1S-RCP ... -24" RCP . 30" RCP . 36" RCP . 42" RCP .. 48" RCP 19" x 30" HERC CL3 2fi x 45" HERC CL3 18"FES . 30" F-ES LS LS LS Est Est LS Est LS .Est ~s 'LS LS LS cv· Est .Es_t I I . ' ··roi-. ; EA ' EA EA 1 ___ s:209.00 ~o_ns_t._ Engln_ccring Tota! 1 ·· 1e8,0o6.oo -· 11 ••. f1,000.oo·_ ~onst!"c!lo~ S~~~Y.1:°:~_I_ _ __ _ ~s.ooci.t;io:~-- 1 • 1,750.op __ _ 1 ~ . ~--. . ~.500.QO ~ootctn~ca..!_En__g_!o~';. I • ••• • •• • • ~ ,-. .. . 3ri::g::- 1 -~--isoo:oo· -~-~~ · · -,:2s 1 . _1Q}~oo.o_o·. -• -------_ 2) .... 000:00_ Grading Total . --. -. --·: -··• ·-··-·-···'- 21,007 14.00 - .. 107 293.00 72 881.00 23 427.00 .. EA .EA. .., __ . _ 5 741.00 EA EA EA LF EA EA EA EA EA EA EA. EA EA EA EA EA EA EA . __ 40 312.00 13 253.00 13 2.015.00 -•• 47 2,650.00 13,454 8.00 355 260.00 15 ____ 1,088.00 1 .. 4,794.00_. 2 4,055.00 -i.. 3 932.00 __! ·-----_ • _ _ 857.00, _-_ Water ~ystem Total 16 ?.,700.00 __ ____ ·f.. --· .2:97_5;_00 1 ____ 4,f12.9Q_ 1 •.• }.58~;00 5 • ___ 2,550.QO _ 3. ~.)65._!)~- 2_ 4.167.00 4 ~-JJS.00 - 0 331,.. -25,00 11"7 2_7.QO. 471" 33.50 325,. 39.00 1177, 48.00 4s9 • --·s9.oo 140 °44.00 229 °74.00 . 6_ 430.00 3s· RCP FE~ sioim sewE!r Cont.Shi. 2 42" FES LF LF LF LF LF LF LF LF EA EA EA EA 1 649.00 1' --795.00 2 957.00 Stoneridge Metro Reference Stoneridge Metro No Sewer JB 1 of2 Extension ·21,000.i:io .8,500.00 5,500.00 5,200.00 10)0~:po 188,000.00 11,000.00 199,000.00 . --BtiOOO.oO 1.750.00 1,500.00 ·•. 91,25_0.00 7,?()9.o·o ~:0gD.0(! ,. 7.500.00 105.867.50 -,o.ociooo 21,00000 181~868 18.550 j_200 2,000 5,000 57.000 5.580.00 . 4.000.00 _ . 95,330 294,098 31,351 •• -63.-432 9,821 3,705 12,480 3.289 26,195 124,550 107,632 92.300 16.320 4.794 8,110 2,796 0 800,873 ."9.t.2.CJ9.Q9 ?.,9?0.00 _4,212.00 7,58_9.~ ~.2.?~-00 9,495.00 8.334.oo 21:340.00 .. 8.2~5.00 ,3:1~9.0(! !?!J!B.~ 12.675.00 S§i.~~~-00_ ~!~01!1.00_ ~-~'?(I.DO 1~..:.~6.~ 2.580.00 649.00 "79s.o0 1,914.oO Last Printed on 4/13/2004 at 7:41 AM Dcs~riP..t!on .. lltem I Unit I · · SiOITTl"S~rCoflt. 19"x 30" HERC CL3 FES 'EA 29"x 45" HERC CL3 FE5 EA 48" Hd Wall W/Flap <3?te. EA Rip Rap Type "M" SF Pond Overflow f:liP Ra~-SF Sable Ave. 18" RCP (Cu~~rts)_ LF EsVLS _ ~bl!! A_ve. Pipe Extention_s_ _ . S~_bl_e, Ave. Rip Rap TyPe "M". ·------------ 3" Trld Pan (Fiber) Incl. Pri!p Streets · Motimzation · ·· _ _'Irie". Sabil!Ave & BirCti"Si Balance, Sha'Pe li"PreP Inc. Sable Ave & Birch SI Stenlize SG .... ---· ..•. 4"HBPon7·Aec . "Sabie AYe"& ·errch St 5· HBP on e·AeC .:..:·_ ==-= ~-:__~-~: :~~-Curb Walk -Prep & BF 6"-4" Curb Welk · ----·-· ----·· --·a·-1·c-w1kMitiiii'" - .HOCP Ramps ........ __________ . Curbi::utsOrvEntry . ____________ -_-;6'X~&Spd_ii:54·corTl)l1:_te_· ,Color Cone. X-walk · _,. _______ · ·swCu!vert · --· -~--:: _____ ---=~~~--~-:~TTa1iAppr&swwidE!n1~g- . -·------____ •. _ .. MH Adjust ______ --··--·-·-·---___ WV_Adjusl __ -··----··-------BOAdjus! _______ _ . _________________ Bi~J~[ Cu_t Back & Oispo_se BP Sable Ave. & Birch St Ditch Final shaping ::.=: ·=:.~:-:_-:-~~-~~'!:Drive Entry Resttl'?iicill" • -·--• •--•--------• I-.-•-• Detached sidii"Wiiik-_.,. __ . ··-DiiiWa1k/Trail Prep &"BF-. 10'x6" Detached Walk/frail -----· ------------0·x5··oe1ached Walk/frail·-.---=-~=-= :.=-.=--=-----==-:~.6-x4~ Detached Walk/Trail--·· St Slpns_& Mark].Qps ·-··"·-· Slop&. SI Blades · .. ________________ Traffic Control Signs ______ Sable Ave. & Birch St. Sign & Stripe_ Street Lfg_hts ___ _____ Cobra Head RSL-350 SF LF EA SY ·sy SY SY LF -.LF -"i.F EA. -: EA SF EA EA sF· EA -EA EA -.. -I LF LF EA_ LF LF LF -·-··Lt_ . l EA EA EsVLS 1 -llem Item ·uem om"ameni.ar Trees... EA ·shade Trees-· -EA ·evergreenTiee5" ,. ___ --·--··· EA ·shrubs {5 Gai.f" · ·---:-·----EA .. Shrubs (Mul!i:~~l:~df_--EA Perennials •EA . Sod/ lrrigaticiri SF seed_' lmgauon SF • Mulch (Organii:j SF River Riock (l1ii') & Fatienc SF Ed9er ···-. LF · Crusher F1neS SF Arborist. Tree f_nrmi_njij§c_is!(cii) Esiit.S Picnic Tables EA Bench · EA waSte Receplaele EA Sheller . EA Unit Qtvl Unit Costl Extension 709.00' 709.00 968.00 968.00 7.719.00. 1.119.oo '71 . . 5.00 2,355.00 2040 4.00 ~-)~.00 420 . 23.60 9-:~:~~ I 600.0'0 ~-100: 5.00 10,50000 1,050 11.20 11.760 storm Sower Total 317,810 4 i04,467 104,467 83.817 20.650 42.415 ·:so.465 ··1,950 79 5 22 3 400 128 .. 72 6 sso· •·11.2so 14 1,000.00 4,000 1.20 125,lSO . 0.15 15.670 10.5B 886,784 13.15 271,548 1.20· 50.898 12.75 515,929 ·,5_75 32,663 250.00 19,750 350.00 1,150 2.o77 .oo 45.694 1.980.oo · 5,940 1,650.00 1.650 J:oo·. 1.200 3so:00. 44.eoo 115·,oo· ·· • 12.&00 ·,·15,00 1.oso "3_()(}" • 1,950 2:00 ~-22,520.00 400.00 5,600.00 St~~ot~ Tol-!1 ___ • _ • _2,067,355.06 3,146 1.20._ -··•· _ --3)75 43,032 . J,590 9.860 1,956 22.00 . -204 17.60 986. ---·-•·,o.oo oCtaChed s1dcwii1k·Totii1. Js: -3so.00, 15 150,00 _ . _ , . --~ ~s.:soo.of! __ St Signs l& M~rklng~-Total j" 3,500.00, 39 · 2.so0.00 street L19hiS-Totai -5,000.~~ 6_0.257.60 ·12.25000 2,250.00 6,500.00 i1.ocio.oo 10,500 97.500 108~000.00 _. _ 1 __ 3.500.00. Const Traffic Control Total 5,000 3.500 8,500.00 1: 3.500:oiC . 2.500.00 _ 1.750.~ Barricades_&_ Fence _T!)tal.,._ "· 22 350.00 67 5so.oo 23 40o.oo: _ 148 45.IJ9, 72 120.00. 123 20.00 17496 1.10 360470 o.80 1~230_ 0.50 244 1·.00 1408 s.00 3391 1.00 1 3.000.00 6 1.000.00 1· 800.00 2 450.00 1 3!).ooo.oo 1054 7.00 3.500 2,500 1.7_50 7,750 7,700 36.850 9,200 6.660 8,640 2.460 19.246 288,376 7.115 244 7.040 3,391 3,000 6,000 ~.-:::--.:.~-~~·_::-::~·-· __ · 'Hardscape .... ··--···-SF Laridscapo, Irrigation & Stf"Ucturos Total 800 900 30,000 7,378 445 000 Stoneridgo Metro Reference Stoneridge Metro No Sewer JB Total of Above Items Contingency@ 10% of Total Construction Management@ 4% of Total TOTAL PROJECT PUBLIC IMPROVEMENTS_,, 2of2 4,450,192.26 445,019.23 178,007.69 $5.073.219.18 Last PITlted on 4/13/2004 at 7:41 AM ( March 29, 2004 Town of Firestone l 51 Grant Street Firestone, CO 80520 Re: Proposed Stoneridge Metropolitan District To Whom It May Concem: Peak Civil Consultants CiYil Engineering and Land Development Services I, Robert Kelsey, a Registered Professional Engineer in the State of Colorado, have reviewed the Stoneridge Metropolitan District Public Improvements Estimate of Probable Construction Costs within the proposed Stoneridge Metropolitan District area. The estimate was prepared by Jerry Bouldin of STF Land Development Consultants, Inc. The estimate was based upon the following assumptions: I. The quantities for each item are based upon a preliminary version of the Final Utility Plans for Stoneridge Subdivision dated 12/05/03, prepared by Peak Civil Consultants, Inc. Quantities for Sable Avenue are based upon a preliminary version of the Sable Avenue Construction Plans dated 8/15/03, prepared by Peak Civil Consultants, Inc. Landscape quantities are based upon preliminary landscape plans prepared by Staller & Henry, Inc. 2. Unit costs were based upon recent bid cost for similar projects. Based upon these assumptions, I believe the Public Improvements Estimate of Probable Construction Costs contained within the Service Plan for Stoneridge Metropolitan District is reasonable for the public improvements portion of this project. Additionally, I have reviewed the exhibits of the location of public improvements within the Service Plan for the District (Streets, Storm Sewer, Sanitary Sewer, and Water Main) and believe the exhibits represent the conceptual design of the public improvements prepared by Peak Civil Consultants, Inc. Cc. Jerry Bouldin, STF 2828 Speer Blvd., Suite 201 Denver, Colorado 80211 • Phone: 720.855.3859 Fax: 720.855.3860 I EXHIBIT F Location of Public Improvements i ! ---·-···-···-···-···-···-···-···-···-···-··· ___ _J__________________________ ---------------···-···-- ··-···-···-···-···-·-···-···-···-···-·· .n. 11 r,=·· ul:: ,, . ii I --------H I RU TIC ~VE~E, i: : :j i D li i ____ £~-rt I 111/ !i ; ii I ·-----c~-rr : ! I ! : ' ' ' -------1~ r--Io d ii ·-------t;. ·-------.Jt" '[l , ,! ! rJ lj j ---------i I 11 !i i I: : ,, . ·---------11 I [J i: : ii i "·,.1 _ _L__.__.._,_~-" . , .. _________ .11 N.T.S. STONERIDGE SIDEWALKS, STREETS, & TRAILS EXHIBIT ,...., ,,, ROA RU NE • t"':) r, '' " " r- ' I I ' ' I I ' i i I I I ---------------------r STONERIDGE WATERLINE EXHIBIT ,.., ,.,. I ' ' I ! ----------------~ N.T.S. ----------, -r ! \ STONERIDGE IRRIGATION PIPE EXHIBIT ----------- ) D ··--···-·-----------·-·-···--··-- -··----- STONER I OGE STORM SEWER EXHIBIT ( EXHIBIT G Financing Plan Forecasted Cash Surplus Balances and Cash Receipts and Disbursements Market Projection Consultant's Analysis (to be provided) Form of Developer's Letter in Support of Market Projections ( STONERIDGE METROPOLITAN DISTRICT FORECASTED CASH SURPLUS BALANCES AND CASH RECEIPTS AND DISBURSEMENTS APRIL 16, 2004 ( ~Clifto ~ Gund~on LLP Certified Public Accountants & Consultants Petitioners for Formation of Stoneridge Metropolitan District Weld County, Colorado Accountant's Report We have compiled the accompanying forecasted cash surplus balances and cash receipts and disbursements of Stoneridge Metropolitan District (the "District") (in the Formation Stage of Development) as of the date of formation and for the calendar years ending through 2037, in accordance with attestation standards established by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of a forecast, information that is the representation of the Petitioners for Formation of the District (collectively, "Management") and does not include evaluation of the support for the assumptions underlying the forecast. We have not examined the forecast and, accordingly. do not express an opinion or any other form of assurance on the accompanying schedules or assumptions. ·However, we did become aware of a departure from the guidelines for presentation of a forecast established by the American Institute of Certified Public Accountants, which is described in the following paragraph. Furthennore, there will usually be differences between the forecasted and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. We have no responsibility to update this report for events and circumstances occun-ing after the date of this report. As discussed in Note 4,' the forecast is presented on the cash basis of accounting, whereas the historical financial statements for the forecast period are expecied to be presented in conformity with generally accepted accounting principles on the accrual basis for government wide statements and the modified accrual basis for individual fund financial statements for all funds of the District by fund type. Guidelines for presentation of a forecast established by the American Institute of Certified Public Accountants require disclosure of the differences resulting from the use of a different basis of accounting in the forecast than that expected to be used in the historical financial statements for the period. Accordingly, if the AICPA presentation guidelines were followed, the forecast would indicate that the presentation reflects -surplus cash balances and the cash received and disbursed rather than fund balances and revenue and expenditures that would be recognized under generally accepted accounting principles based on the accrual basis and the modified accrual basis of accounting. Offices in 13 states and Washington, DC ( Petitioners for Formation of Stoneridge Metropolitan District Page2 As discussed in Note I, the forecast takes into account events and circumstances that were not anticipated at April 1, 2004, the date a previous forecast was issued for the same period, and that forecast should no longer be relied on. We previously compiled and reported on the previous forecast. Our report on that forecast is withdrawn and should no longer be relied on for any purpose. ~~ LL/) Greenwood Village, Colorado April 16, 2004 ', I Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 Assessed Value (from Page 6) 0 87,000 579,976 1,598,640 2,800,546 4,052,705 5,402,549 6,300,058 6,426,060 6,426,060 6,554,581 6,554,581 6,685,672 6,685,672 6,819,386 6.819.386 6,955,773 6,955,773 7,094,889 7,094,889 7,236,787 7,236,787 7,381,522 7,381,522 7,529,153 7,529,153 7,679.736 7,679.736 7,833,331 7,833,331 7,989,997 7.989,997 8,149,797 8,149.797 STONERIDGE METROPOLITAN DISTRICT (IN TIIF. FORMATION STAGE OF DEVELOPMEN1) FORECASTED CASH SURPLUS BALANCES AND CASH RECEIPTS Al'm DISl!URSEMENTS SUMMARY (Page I of2) AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2037 CASH RECEIPTS Net Specific Developer's Capitalized Mill Levy To1al Property Ownership Advances• [merest from Debt Admin I Mill Taxes Taxes Operalions & Bond Proceeds Service O&M L,vy 98.00% 10.00% Organization (from Page 7) 0.000 0.000 0.000 0 0 50.000 0.000 5.000 5.000 426 43 30,000 0.000 5.000 5.000 2.842 284 28,000 0.000 5.000 5.000 7.833 783 23.000 348,030 JS.DOD 5.000 40.000 109,781 10,978 35.000 5.000 40.000 158,866 15,887 35.000 5.000 40.000 211,780 21,178 35.000 5.000 40.000 246,962 24,696 35.000 5.000 40.000 251,902 25,190 35.000 5.000 40.000 251,902 25.190 35.000 5.000 40.000 256,940 25,694 35.000 5.000 40.000 256,940 25,694 35.000 5.000 40.000 262.078 26,208 35.000 5.000 40.000 262,078 26,208 35.000 5.000 40.000 267,320 26,732 35.000 5.000 40.000 267,320 26,732 35.000 5.000 40.000 272,666 27.267 35.000 5.000 40.000 272,666 27,267 35.000 5.000 40.000 278.120 27,812 35.000 5.000 40.000 278,120 27,812 35.000 5.000 40.000 283.682 28.368 35.000 5.000 40.000 283,682 28,368 35.000 5.000 40.000 289,356 28,936 35.000 5.000 40.000 289,356 28,936 35.000 5.000 40.000 295,143 29,514 35.000 5.000 40.000 295,143 29,514 35.000 5.000 40.000 301,046 30,105 35.000 5.000 40.000 301,046 30,105 35.000 5.000 40.000 307,067 30,707 35.000 5.000 40.000 307.067 30,707 35.000 5.000 40.000 313,208 31.321 35.000 5.000 40.000 313,208 31,321 35.000 5.000 40.000 319,472 31.947 35.000 5.000 40.000 319.472 31,9-17 8,134,487 813,449 131,000 348,030 Interest Total Income Rcceip1s 1.50% (to Pa£c 4) 0 50.000 0 30,469 7 31,133 15 379.662 5,242 126,001 3,452 178,204 2,368 235,326 2,071 273,729 2,280 279,372 2,039 279.130 1,740 284,373 1,545 284,179 1,530 289,816 1,656 289,943 1.668 295.720 1.735 295,787 1,699 301,632 1,806 301,739 1,820 307,752 1,914 307,846 1.927 313,978 1,960 314,010 1,929 320,220 1,936 320,227 1,896 326,553 1,913 326,570 1,826 332,977 1,820 332,970 1.73 I 339,504 1,746 339,519 1,626 346,154 1,637 346,166 1.540 352,959 1.529 352,948 59,602 9,486,568 This financial informa1ion should be rend only in connection with 1he accompanying Summary of Significant Fort!cast Assumptions and Accounting Policies and Ar.coun1a.nt's Repon. Page 3 Year 2004 2005 2006 2007 2008 2009 20!0 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 , 2036 2037 Total Year Receipts (from Pa~c )) 2004 50,000 2005 30,469 2006 31,133 2007 379,662 2008 126,001 2009 178,204 2010 235,326 2011 273,729 2012 279,372 2013 279,130 2014 284,373 2015 284,179 2016 289,816 2017 289,943 2018 295,720 2019 295,787 2020 301,632 2021 301,739 2022 307,752 2023 307,846 2024 313,978 2025 314,010 2026 320,220 2027 320,227 2028 326,553 2029 326,570 2030 332,977 2031 332,970 2032 339,504 2033 339,519 2034 346,154 2035 346,166 2036 352,959 2037 352,948 9,486,568 STONERIUGE METROPOLITAN DISTRICT tlN 111R f-ORMATION STAGE OF OEVELOI•ME/lff) FORECASTED CASII SIIIU'LUS BALANCES AND CASH RECEll'TS AND DISBURSEMENTS SUMMARY (Page 2 of 2) AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2037 OISBURSEMENTS Available Rcpaymcn1 of Annual Adminis1rntion for Debt Service Developer's Adv. -Cash & Operations & Repayment of Debt Service Operations & Surplus 2.0% Developer's Advance {from Page 7) Organization 50.000 0 0 0 30,000 469 0 469 30,600 533 0 533 31.212 348,450 0 348,450 31,836 94,165 204,000 9,500 (I 19,335) 32,473 145,731 204,000 14,000 (72,269) 33,122 202,203 204,000 18,000 (19,797) 33,785 239,944 204,000 22,000 13,944 34,461 244,911 239,000 22,000 (16,089) 35,150 243,981 241,900 22,000 (19,919) 35,853 248,521 239,500 22,000 (12,979) 36,570 247,609 247,100 1,500 (991) 37,301 252,515 24-UOO 8.415 38,047 251,895 251,100 795 38,808 256,912 252,500 4,412 39,584 256,202 258,600 (2,398) 40.376 261,256 254,100 7,156 41,184 260,555 259,600 955 42,007 265,745 259,500 6,245 42,847 264,998 264,100 898 43,704 270,273 268,100 2,173 44,578 269,432 271,500 (2,068) 45,470 274,750 274,300 450 46,379 273,848 276,500 (2,652) 47,307 279,246 278.100 1,146 48,253 278,317 284,100 (5,783) 49,218 283,758 284,200 (442) 50,203 282,767 288,700 (5,933) 51,207 288,297 287,)00 997 52,231 287,288 295,300 (8,012) 53,275 292,879 292,100 779 54,341 291,825 298,300 (6,475) 55,428 297,532 298,300 (768) 56,536 296,412 307,400 (10,988) 1,433,347 8,053,221 7,831.300 131,000 90,921 Pa~c 4 Cumul:uive Cash Surplus Year 0 2004 469 2005 1,002 2006 349,452 2007 230,117 2008 157,848 2009 138,051 2010 151,996 2011 135,907 2012 I 15,987 2013 103,008 2014 102,017 2015 110.432 2016 111,227 2017 I 15,640 2018 113,242 2019 120,397 2020 121,353 2021 127,597 2022 128,495 2023 130,669 2024 128,601 2025 129,051 2026 126,39S 2027 127,545 2028 121,762 2029 121,320 2030 I 15,388 2031 I 16,385 2032 108,)73 2033 109,152 2034 102,677 2035 101,909 2036 90,921 2037 This financial infomution should be read only in connection wi1h 1h"e a1.:companying Summary or Significant Forecast Assumptions and Accounting Policies and Accountant's Repon. Construction Collection Year Year STONERIDGE METROPOLITAN DISTRICT (IN TiiE FORMATION STACI: OF f1CVEL.OPMENTJ FORECASTED CASH SURPLUS BALANCES AND CASH RECEIPTS AND DISBURSEMENTS SCHEDULE OF ESTIMATED ASSESSED VALUATION (continued) AS OFTHE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2037 Annual Est. Biennial Ounul:llive Estimated Custom Es1. Market Value of Revalu,uion Valua1ion Residential Homes Value per New SF per State of New Asscssmcm Residence Residences Statute Residences Ra1e $200,000 2% Jnna11on compounded annually on base pnce 2% 2002 2004 0 0 7.96% 2003 2005 200,000 0 0 7.96% 2004 2006 15 204,000 3,060,()()(J 0 3,060,000 7.96% 2005 2007 58 208,080 12,068,640 15,128.640 7.96% 2006 2008 68 212,242 14,432,429 302,573 29,863,642 7.96% 2007 2009 73 216,486 15,803,510 45,667,151 7.96% 2008 2010 " :!20,816 15,898,764 913,343 62,479,258 7.%% 2009 2011 74 225,232 16,667,204 79,146,462 7.96% 2010 2012 229.737 0 1,582,929 80,729,391 7.96% 2011 2013 234,332 0 80,729,391 7.96% 2012 2014 1,614,588 82,343,979 7.96% 2013 2015 82,343,979 7.96% 2014 2016 1,646,880 83,990.858 7.96% 2015 2017 83,990,858 7.96% 2016 2018 1,679,817 85,670,675 7.96% 2017 2019 85,670,675 7.96% 2018 2020 1,713,414 87,384,089 7.96% 2019 2021 87,384,089 7.96% 2020 2022 1,747,682 89.131.771 7.96% 2021 2023 89.131.771 7.96% 2022 2024 1,782,635 90.914.406 7.96% 2023 2025 90,914,406 7.96% 2024 2026 1,818.288 92,732,694 7.96% 2025 2027 92,732,694 7.96% 2026 2028 1,854,654 94,587,348 7.96% 2027 2029 94,587.348 7.96% 2028 2030 1,891,747 96,479,095 7.96% 2029 2031 96,479,095 7.96% 2030 2032 1,929,582 98,408,677 7.96% 20)1 2033 98,408.677 7.96% 2032 2034 1,968,174 100,376,850 7.96% 2033 2035 100,376,850 7.96% 2034 2036 2,007,537 102,384,387 7.96% 2035 2037 102,384,387 7.96% 360 77,930,546 24,453,842 PngeS Residcmial Assessed Valuation 0 0 243.576 1.204.240 2,377,146 3,635,105 4,973,349 6,300,058 6.426,060 6,426.060 6,554,581 6,554.581 6,685,672 6,685,672 6,819,386 6,819,386. 6,955.773 6,955,773 7,094,889 7,094,889 7,236.787 7,236.787 7,381,522 7,381,522 7,529,153 7,529,153 7,679,736 7,679.736 7,833,331 7,833.331 7,989.997 7,989,997 8,149.797 8,149,797 This financial infom1a1ion should be read only in coMection with the ::u::companying Summ:uyof Signific:ml r-orccas1 Assumptions and Accoun1ing Policies and Accouniant's Repon. STONEIIIDGE METROPOLITAN DISTRICT (INTiiE FOR.>.-IATION STA(~I: OF Dl;VEI.OPMENl) FQIU;cASTED CASH SURPLUS BALANCES AND CASH RECEIPTS AND DISBURSEMENTS I~----. Page 6 SCHEDULE OF ESTIMATED ASSESSED VALUATION AS OFTHE DATE OF FORMATION AND FOR Tl IE CALENDAR YEARS ENDING THROUGH 2037 Undeveloped Rcsid~ntial Land Cumulative Construc1ion Collcc1ion Lo~ Ac1ual Assessed TOTAL Assessed Valuation Year Year Finished Lots $20,000 2002 2004 2003 2005 300,000 2004 2006 860,000 2005 2007 200,000 2006 2008 100,000 2007 2009 (20,000) 2008 2010 40,000 2009 2011 (1,480,000) 2010 2012 0 2011 2013 0 2012 2014 2013 2015 2014 2016 2015 2017 2016 2018 2017 2019 2018 2020 2019 2021 2020 2022 2021 2023 2022 2024 2023 2025 2024 2026 2025 2027 2026 2028 2027 2029 2028 2030 2029 2031 2030 2032 2031 2033 2032 2034 2033 2035 2034 2036 2035 2037 0 Developed Value 0 0 15 300,000 58 I, 160,000 68 1,360,000 73 1,460,000 72 1,440,000 74 1,480,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 360 Valuation 29% 0 · 87,000 336,400 394,400 423,400 417,600 429,200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ,0 0 0 0 0 87,000 579,976 1,598,640 2,800,546 4,052,705 5,402,549 6,300,058 6,426,060 6,426,060 6,554.581 6,554,581 6,685,672 6,685,67:! 6,819,386 6,819,386 6,955,773 6,955,773 7,094,889 7,094,889 7,236,787 7,236,787 7,381.522 7,381.522 7,529,153 7,529.153 7,679,736 7,679,736 7,833,331 7,833,331 7,989,997 7,989,997 8,149,797 8,149,797 This fin:mci:il infonnation .should he ri:::id only in connection wi1h 1he :iccomp:inying Summ:iry of Significant Forcc:ist Assumpdons :ind Accounting Po]ici~.~ aml Accountant's Repon. ------------------- STONERJDC;E METROPOLITAN DISTRICT {IN THE FORMATION ST AGE OF DEVfil.OPMENi") Jo'ORECASTED CASH SURPLUS BALANCE.~ A1''D CASH RECEIPTS ANO DISBURSEMENTS rl ~-::.-,,-,--=,-, DEBT SERVICE AS OF THE DATE OF FORMATION AND FOR THE CALENDAR YEARS ENDING THROUGH 2037 Series 2007 Bond Issue Issued: December I, 2007 $3,400,000 lnlerest Rate: 6.00% [:] Principal I Coupon I ln1crcs1 I Tot.al 2007 6,00,, 0 0 2007 :mos 6.00% 204,000 204,000 2008 2009 6.00% :?04,000 204,000 2009 2010 6.00'l, 204,000 20J,000 2010 201 I 0 6.00% 204,000 20J,000 2011 2012 35,000 6.00% 204,000 239,000 2012 2013 40,000 6.00% 201,900 241.900 2013 2014 40,000 6.00'lb 199,500 239,500 2014 2015 50,000 6.00% 197,100 247,100 2015 2016 50,000 6.00% 194,100 244,100 2016 1017 60,000 6.00% 191,100 251,100 2017 2018 65,000 6.00% 187,500 252.500 2018 2019 15,000 6.00% 18).600 258,600 2019 2020 75,000 6.00% 179,IO0 254,100 2020 2021 85,000 6.00% 174,600 259,600 2021 2022 90,000 6.00% 169.500 259,500 2022 2023 100,000 6.00% 164,100 264.100 2023 2024 110,000 6.00% 158,100 268,100 2024 2025 120,000 6.00% 151..SOO 271,500 2025 2026 130,000 6.00% 144.300 274,300 2026 2027 140,000 6.00% 136.500 276,500 2027 2028 150,000 6.00% 128.100 278.100 2028 2029 165,000 6.00% 119,100 284,100 2029 2030 175,000 6.00% 109,200 284,200 2030 2031 190,000 6.00% 98,700-288,700 2031 2032 200,000 6.00% 87,300 287,300 2032 2033 220.000 6.00% 75.300 295.300 2033 2034 230,000 6.00% 62,100 292,100 2034 2035 250.000 6.00% 48,300 298,300 2035 2036 265,000 6.00% 33,300 298,300 2036 2037 290,000 6.00% 17,400 307,400 2037 3,400.000 4,431,300 7,831.300 USE OF PRO!:;F.EOS: Constmc:tion Coscs 2.186,977 Capitalized lntcrcs1 348,030 Contribution 10 Town 728,993 Issuance Costs 136,000 3,400,000 r11is lin:mci3l infonnation should be rcJd only iu con11cc1io11 with 1.hc 3cco111p~11)inS Suuuu;iry of Sipiific:1111 F01cca51 Assumptions 311d Accounting Policies and Accou111,1111's Report. NOTE 1) STONERIDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES April 16, 2004 NATURE AND LIMITATION OF FORECAST This forecast of financial information is for the purpose of a financial analysis of the proposed financial plan of Stoneridge Metropolitan District (the "District") (in the Formation Stage of Development). It is to display how the proposed facilities and services are to be provided and financed. The Petitioners for the formation of the District previously submitted a forecast; which was dated April 1, 2004. Subsequent to that date, the Petitioners revised the services and facilities to be provided by·the District to exclude sanitary sewer. Accordingly, the estimated construction costs have been reduced to $5,073,219 (see Note 10). There are no changes to the schedules of forecaste9 cash surplus balances and cash receipts and disbursements. This financial forecast presents, to the best knowledge and belief of Management of the District, the District's expected cash position and results of cash receipts and disbursements for the forecasted periods. Accordingly, the forecast reflects Management's judgement, as of Aptil 16, 2004, the date of this forecast, the expected conditions within the District and the District's expected course of action. The assumptions disclosed herein are those that Management believes are significant to the forecast, however, they are not all-inclusive. There usually may still be differences between forecasted and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. The forecast is expressed in terms of 2004 dollars, with the only adjustments for inflation as follows. The market values of residential propetties are forecasted to increase 2.00% per year, starting in 2004 through build-out. The market values of residential properties are forecasted to increase 2.00% biennially pursuant to the reassessment of property required by State statute. The residential assessment ratio is assumed to remain constant for collection year 2006 and beyond, based upon information as explained in Note 5. Administration and operations are assumed to increase by 2.00% per year beginning in 2006. 8 I NOTE 2) STONERIDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES April 16, 2004 ORGANIZATION The Petitioners for the formation of the District, a quasi-municipal corporation and political subdivision of the State of Colorado, are in the process of organization. The Disttict will be governed pursuant to provisions of the Colorado Special District Act (Title 32). The District will operate under a Service Plan to be approved by the Town of Firestone (the "Town"). The District's service area is_ anticipated to contain approximately 158 acres of real property, located entirely in Weld County, Colorado, within the Town. The District is being established to provide financing for the design, acquisition, installation and construction of ce11ain streets, traffic and safety controls, street lighting, water, landscaping, storm drainage and park and recreation improvements and facilities. The operation and maintenance of these services and facilities is anticipated to be provided by other entities and not by the District. As set forth in this forecast, the District is forecasted to issue $3,400,000 of debt with one bond issue. However. the draft service plan may have a higher debt amount to allow for an under estimate of valuations in this forecast. Formation of the District is intended to be timed to allow for the proper legislative, judicial and election process to be completed in order for the District's electors to be able to vote for the authorization of debt and TABOR questions in May 2004, and to certify tax levies for tax collections in 2005. The Petitioners expect the favorable approval at the election since they constitute the majority of the current eligible electors within the proposed District's boundaries. NOTE 3) PETITIONERS FOR FORMATION The Petitioners for Formation of the District are principals of the company that intends to develop the prope11y included within the boundaries of the District. The Developer is Best Buy Homes Colorado, Inc. The landowners are The Grant V. Niven Revocable Trust, dated March· 26, 2002, The Margret L. Niven Revocable Trust, dated March 26, 2002, and the Elda Mae Johnson and The Elizabeth N. Doores Trust, dated October 8, 1996. The Developer anticipates developing approximately 158 acres within the District. The Developer has provided the information regarding the number of units estimated to be built each year and the initial sales values for the residential properties to be developed each year, based upon their knowledge and experience in developing other properties. The Developer anticipates that sales values will be increased by 2.00% for each year starting in 2004. 9 NOTE 4) STONERIDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES April 16, 2004 BASIS OF ACCOUNTING The basis of accounting for this forecast is the cash basis, which is a basis of accounting that is different from that allowed by the generally accepted accounting principles under which the District will prepare its financial statements. NOTE 5) PROPERTY TAXES The primary source of revenue or cash receipts will be ad valorem property taxes. Property taxes are determined annually by the District's Board of Directors and set by County Commissioners as to rate .or levy based upon the assessed valuation of the property within the District. The Weld County Assessor determines the assessed valuation. The levy is expressed in terms of mills. A mill is 1/1,000 of the assessed valuation. The forecast assumes that the District will be able to set its initial mill levy at 5.000 mills for collection in 2005 through 2007 for administration and operations. The initial mill levy is forecasted to increase to 40.000 mills for collection in 2008 and throughout the term of the forecast period, for the combined purposes · of debt service, administration and operations. The Gallagher Amendment states that residential assessed values Statewide must be approximately 45% of total assessed values. When the market values of residential property increase faster than the values of nonresidential property, the residential assessment ratio must decline to keep the 45 percent/55 percent ratio. According to information as set forth in the Colorado Legislative Council Staff Forecasts entitled "Assessed Values and Property Tax Projections" issued in December 2003, the residential assessment rate is projected to decline from its current 7.96% in 2003 (for collection in 2004), to 7.64% in 2005, 7.43% in 2007 and 7.13% in 2009. The projections of the Legislative Council Staff are estimates only, do not have the force of law, and may or may not occur as projected. This forecast has included the current residential assessment ratio of 7.96% effective for collections in 2006 and throughout the term of the forecast period, since it is assumed that the District's Board will increase the mill levy, (as is anticipated to be allowed under the District's Service Plan and the election questions, up to the adjusted Mill Levy Cap as specified in the District's Service Plan), to maintain a mill levy that produces tax revenue in relation to current assessed valuation equivalent to revenue generated by the mill levy of 40.0 mills as forecasted for collection year 2008. 10 ( NOTE 5) STONERIDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES April 16, 2004 PROPERTY TAXES (continued) The assessed valuation for the District is dependent upon the build-out schedule of the residential properties within the District. Management of the District has based the estimate of build-out on their forecasted build-out schedule. The forecasted development build-out schedule and conversion to assessed valuation is presented as a schedule (see pages 5 and 6). The assessed valuation rate for raw ground and developed lots is 29% until a home is constructed. All residential property has been assumed to be assessed at the residential property rates as explained above. Increases to valuation for the development of infrastructure within the District for finished lots held for build-out are included in the forecasted assessed valuati_on. No assessed valuation has been assumed for State Assessed property that may be owned by public utilities within the District. The property taxes resultant from the above mill levy and assessed valuation has been reduced for the Weld County Treasurer's 1.5% fee for collection of the taxes, and further reduced by 0.5% to allow for uncollectible taxes. NOTE 6) , SPECIFIC OWNERSHIP TAXES Specific ownership taxes are set by the State and collected by the County Treasurer primarily on vehicle licensing within the County as a whole. The specific ownership taxes are allocated by the County Treasurer to all taxing entities within the County. The forecast assumes that the District's share will be equal to approximately 10% of the property taxes collected. The forecast also assumes that the specific ownership taxes may be needed to fund general operations and may not be entirely pledged to debt service. NOTE 7) DEVELOPER ADVANCES The forecast assumes that the Developer will advance funds to the District for organization and operations costs and may be reimbursed from bond proceeds for organization costs. The estimated Developer's Advances -Operations & Organization, as well as estimated repayme_nts of Developer's Advances -Operations & Organization from surplus cash balances, are shown on the Summary pages of the forecast. II NOTE 7) STONERIDGE METROPOLITAN DISTRICT· (In the Formation Stage of Development) SUMlVIARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES April 16, 2004 DEVELOPER ADVANCES (continued) The forecast also assumes that the Developer will advance all funds needed for construction costs to the District (see Note 10). To the extent that bond proceeds are available for construction payments in any year, the Developer advance would be reduced accordingly. In addition, to the extent that there are surplus cash balances that can be applied towards reducing any Developer advance without creating future cash deficits, the Developer advances will be reduced accordingly. The forecast does not display cash receipts for Developer advances for construction costs and bonds proceeds available for construction costs nor cash disbursements for construction costs. Accordingly, the forecast assumes that any Developer advances for construction would be repaid from bond proceeds and that construction costs would be funded by Developer advances and / or bond proceeds. Any Developer advances which could not be reimbursed would be treated as Developer contributions. / Developer notes would be structured under the terms of the Service Plan. Such notes would not be general obligations of the District and would bear no interest. NOTE 8) INTEREST INCOME The forecast includes interest income earned on monies that are forecasted to be on deposit or invested by the District at the prior year-end at an interest rate of 1.50%. NOTE 9) ADMINISTRATION AND OPERATIONS DISBURSEMENTS Administrative expenditures include the services necessary to maintain the District's administrative viability such as legal, accounting and audit, general engineering, insurance, banking, meeting expense, and other administrative expenses. Administrative costs have been included in the forecast at $50,000 for 2004 (including those costs associated with the organization of the District) and then being reduced to $30,000 in 2005. Beginning in 2006 these disbursements have been increased for inflation by 2.0% per year throughout the term of the forecast. These administrative services are necessary as long as bonds are outstanding throughout the life of the District. 12 NOTE 10) STONERIDGE METROPOLITAN DISTRICT (In the Formation Stage of Development) SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES April 16, 2004 INFRASTRUCTURE IMPROVEMENTS The estimated cost of the capital infrastructure improvements is approximately $5,073,219, plus approximately $728,993 to be paid to the Town to finance street, park or recreational capital improvements, as expressed in 2004 dollars. The forecast assumes that the Developer will advance funds for all infrastructure costs and be reimbursed from bond proceeds to the extent bonds can be issued, whi_ch may be less than the total eligible costs (see Note 7). The capital infrastructure costs per the engineering estimate ·exceed the amount that can be reimbursed to the Developer under this Plan. Management expects that the District will allow the Developer to: either advance funds to the District; or to actually construct the improvements under the Disllict's supervision, for reimbursement by the District upon completion of the improvements to the extent bendable; or to contribute funds to the District, should costs exceed the District's capacity for repayment of such costs. The reimbursement of any additional costs is subject to the District's authorized indebtedness and other revenue available to the District. The amount of infrastructure.costs not bendable within the limits of the proposed Service Plan would remain a responsibility of the Developer. There may be additional construction costs in the future. NOTE 11) DEBT Sf:RVICE The District anticipates issuing general obligation bonds on December 1, 2007 in the amount of $3,400,000. The proceeds of such debt will be used for issuance costs, capitalized interest, and to fund the cost of capital infrastructure improvements or to reimburse the Developer for the advancement of those funds to the extent possible (see Note 7). The bonds are assumed to bear interest at an estimated rate of 6.0% payable semi-annually on .June 1 and December 1, with annual principal payments on December 1 of each year. The bonds anticipate starting interest repayments on June 1, 2008 and per the scheduled maturities are payable over a 30 year period with the final payment on December 1, 2037. Assumptions related to debt principal amounts, bond interest rates, issuance costs, capitalized interest amounts, and other related debt service costs for the proposed Series 2007 Bonds have been provided to Management by Kirkpatrick, Pettis, Smith, Polian Inc., the proposed underwriter of the proposed bond issuance of the District. This information should be read in connection with the accompanying Accountant's Report and forecast of financial information. 13 March 26, 2004 City Officials Town of Firestone Colorado 151 Grant Avenue Firestone, Colorado 80525 RE: Stone Ridge Subdivision 355 Lot Subdivision Best Buy Homes To whom it may concern: In December 2003, my office prepared an appraisal of the above referenced proposed residential subdivision in the Town of Firestone. Per a recent phone conversation with Bailey Dotson, the developer of the subdivision, he has asked that I provide you with the lot absorption conclusions implicit in the valuation of the property. A summary of the absorption projections for the Stone Ridge development are as follows: • Pre-sales: 98 lots; • Year One: No lot sales; • Year Two: • Year Three: 49 Lots Sales in Qtr. I and 48 Lots Sales Qtr. 3; 49 Lots Sales in Qtr. 1 and 48 Lots Sales Qtr. 3; ' • YearFour: 63 Lots Sales in Qtr. 1 Based on the preceding, in my appraisal analysis, I assumed that a total absorption period for the sell-out of all 355 lots would be 39 months from December 1, 2003, the date of Market Value "As Is". I hope the information provided above is useful and meets the needs of the Town of Firestone. If you have any questions, or require additional information, please feel welcome to call me directly at (970) 214;8291. Respectfully submitted, DRJ~ AL ESTATE ADVISORS, LLC ~ unsell, MAI Principal CO. Cert. Gen. #20002154 P.O. Box 270898 • Fort Collins, Colorado 80527 (970) 267-2900 -Phone/Fax ( BEST BUY HOMES L.L.C. Bailey E. Dotson Richard A. Cavalli Phone Fax 303-751-9910 303-751-9914 March 29, 2004 Board of Trustees Town of Firestone P.O. Box 100 Firestone, Colorado 80502 RE: Analysis of Absorption Potentials Stoneridge development Dear Town Trustees, 1011 S. Valentia St. #36 Denver, CO 80247 email: bdchy@earthlink.net We have reviewed the above-referenced study conducted by Derek R. Maunsell and support its findings. The analysis of Absorption Potentials also satisfactory confirms our projections and we request that it be admitted as a part of the Stoneridge Metropolitan District formation application. Please do not hesitate to call with any questions you have about this correspondence. Very truly yours, BEST BUY HOMES COLORADO, INC. A Colorado corporation £,b~---------' ' Bailey E. Dotson, Chief Executive Officer ( EXHIBIT H Underwriter's Letter March 29, 2004 City of Firestone 151 Grant Ave. Firestone, Colorado 80520 RE: Proposed Stoneridge Metropolita11 District To Whom It May Concern: As part of the service plan approval process, you have asked about the relationship between the investment bankers and the proposed Stoneridge Metropolitan District. We are engaged with the petitioners of the proposed District .as described by the attached Letter of Intent. We have the intention of serving as underwriters for the District's voter authorized debt once sufficient credit support can be identified based on assessed value or guarantees provided by the landowners. The structure represented in the financing plan involves non-rated bonds issued to a third party, which we believe will be marketable based on the growth assumptions also included in this plan. 1n this example, the debt would be sold to institutional investors. You also requested an explanation of the level of credit risk associated with the types of financing we are considering for this District. As with most start-up special Districts, this District expects to market bonds to third parties to raise capital for infrastructure before the entire project is complete. The level of risk taken by a bondholder and the interest rate required for the financing, decrease as development occurs. Our recent special district underwritings vary from bonds sold at 8% with land in the District sold to . builders and no homes constructed to refunding bonds issued with most of the homes built at interest rates of 5% with "AAA" rated insurance. In the case of "AAA" rated, insured bonds, the underlying Districts generally have debt/ AV ratios of 50% or less. Because the financing in this District is intended to pay for public infrastructure, we issue bonds as close to the time the infrastructure is needed as possible. While this does increase the bondholders' risk, the bondholders understand that risk and are compensated in the interest rate on the bonds. With regard to the Town's risk, we know ofno example where a City was implicated in special district default and see no legal argument for such implication. 1600 Broadway, Suite 1100* Denver, CO 80202-4922 * 303-764-5737 * 303-764-5768>1< 800-942-7557 FAA 303-764-5770 * Home Office: 10250 Regency Circle, Suile 400 * Omaha, NE 68114* B00-776-5777 Member NASO & SIPC * ssharp@kpsp.com • tbishopt@kpsp.com ( We hope this letter helps to clarify the financing alternative represented in the financing plan and the current market for special district bonds. Please call if you have any questions or require further clarification. Senior Vice President Vice President · ( Ma~ 09 2003 12:06PM i BAILEY DOTSON l Kirkpi1trick Petti$ -. l A Mutual of Omaha Company Aoril 17, 2003 ,· Petitioners for Stone Ridge Metropolitan District c/o Bailey Dotson Best Buy Homes, LLC 10_11 S. Valentia Street #36 Denver, CO .!l023 l _ < l ! l ! i : L I ' ' I 3037519914 lnvas1ments Sine• 1925 RE: Letter of Intent -Proposed Stone Ridge Metropolifan District -Dear Petitioners: ' ' ~ r j . The petitioners are in the process of organizing the propqsed Stone Ridge Metropolitan District (the "District''). Once the District is organized itlis anticipated that the District will authorize and is~ue impro~ement_ and/or ~e~ding b1uds (the "Bonds") pur~ant to voter-approved election questions. The Petitioner desu;es to engage the semces of Kirkpatrick Pettis regarding the sale of those bonds. Thislletter confirms the basis upon · which we intend to submit an offer to purchas~ the Bonf1s from the District after it is organized. l- S ectioo 1. Arran!!'etnents Before Sale. There ~e sever4 arrangements, which ~ust be · made before any sale of bonds can occur. These arra.rigements include, but are not ,, limited to: , · 1 • Developing a Plan of Finance. In concert with bond counsel and District management, Kirkpatrick Pettis will prepare a pfan of expected development, future capital improvements, revenues, expenses, 3i1d debt repayment. Once such a plan is prepared and approved by the Proposed lBoard, various debt structures can be analyzed within the plan to determine what +m work best for the District. . -I ' Structuring. Once a financing structure has b~en selected by the Proposed Board, the terms of the debt (such as the sourceslof payment, the nature of the security, maturity schedule, the rights of redempti~n prior to maturity, etc.) must be determined, taking into account both the in t\ll"ests of the District and the expectations of investors. j i 1600 Broadway, Suite 11 DD* Denver, CO 80202-4922 * 30J-764-o73Jci,. 303-754-5758* 800-942-7557 FAX 303-764-,770 * Homo Office: 10250 Regency Cirde, Suite 400 * maha, NE 66114* 800,776-5777 Member NASO & SIPC * sam sharn@k)lkpatrickpelijs.cqm * lorn hishoo@kl oatrickpettis.com . I p. I I . I tP ( Ma~ 09 2003 12:07PM BAILEY DOTSON Proposed Stone Ridge Metropolitan District Page2of4. i ~ • 3037519914 Legal Counsel. Legal counsel· will be sele~ted bid engaged by' the District to prepare the legal proceedings necessary to auth9rize the debt, to assist in the preparation of disclosure documents necessary to sell the securities, and to render ' certain approving opinions when the securities] are delivered. All fees and expenses of legal counsel selected hereunder shalljbe paid only from the proceeds derive<l upon sale of the Bonds. l { Ratings. The ratings which may be obtained fo~ the bonds are likely to have a significant effect on the rates of interest at whichjthe bonds can be sold. !fit is determined· to be in the District's best interest to ~btain these ratings, Kirkpatrick Pettis will assist the District in preparing and subrilitting applications to the rating agen_cies along with detailed information about jlhe .District, the debt and any credit enhancem.ent. · . ' Credit Enhancement. By providing investo~ with a guarantee of timely payments on the debt, for even a limited time jperiod, the purchase of credit enhancement can produce a net reduction in financing costs. Kirkpatrick Pettis ' wiU assist the District in investigating the availabi1ity of bond insurance, letters of credit or other forms of credit enhancement a.11d ~sist the District in determining the cost effectiveness of these products. · i . . . I . Disclosure to Investors: In connection with the i~suance of bonds by the District and the sale and delivery of securities to ultimatejinvestors, material information about the District and. the transaction must be COlljpiled in a disclosure document for distribution to prospective purchasers. As! set forth above under Legal Counsel, the -District will engage the service~ of counsel to assist in the preparation of such disclosure documents and advtse the District and Underwriter about sales practices, regulatory requirements, ·31).q security matters. If disclosure counsel is engaged as the District's counsel, Ki.tkpatrick Petti~, will expect to receive the benefit of their I0(b)-5 opinion as well.) · i In contemplation of submitting an ·offer to underwrite!the bonds, we will assist the District in making these arrangements. By acceptingl this letter and accepting our assistance in making these arrangements, the District wi!l~ot incur any obligation except to pay from the Bond proceeds the expenses as provided if' Sections 4 and 6 of this letter. Our active participation in making these arrangements should not and cannot be construed by the District as a promise to underwrite the bbnds or as an assw:-ance that the· . 1 boods can be sold. · i · ' . ~ · Section 2. Underwriting. At such time as the arrangem~nts for the sale of the securities p.2 . have been successfully completed, it is our intention to ~ubmit for consideration by the Petitioners onr offer to underwrite the bonds. ·our offer will be submitted in the form of a _______ eP Kirkpiltrick Pettis A Mutual of·Omaha Company Ma~ 09 2003 12:07PM BAILEY DOTSON Proposed Srone Ridge Metropolitan District Page3 of4 3037519914 • . . . j bond purchase agreement and will set forth terms of thi purchase such as the rates of interest, the amount of any original issue premium pr discount, our underwriting compensation (not to exceed 2 percent of the principal Mlfunt of the bonds), and the date and conditions for delivery of the bonds. Until the Distric1 accepts our offer, there will be no obligation for this firm to purchase the bonds from ~ District. In consideration for our work performed pursuant to Section I, above, the !District agrees that it will not consider other underwriting proposals unless Kiikpatri~k Pettis has first declined to underwrite the transaction on terms and conditions accepd.b!e to the District. j . . Section 3. Remarketing. In the event that the District i~sues bonds that are remarketed within their term, the District will have to engage a }emarketing agent qualified to remarket the bonds on each remarketing date. If an unqerwriting agreement is reached between Kirkpatrick Pettis and the District, Kirk:patricJ<l Pettis will submit an offer to serve as remarketing agent to the District for compensati'.bn not 19 exceed . 25 percent of the amount of bonds annually rernarketed. In furth4r" consideration for our work performed pursuant to Section 1; above, the District. ag,jees that as long as Kirkpatrick Pettis is the lead underwriter, it will provide Kirkpatrick I)ettis with the option to submit a proposal to act as rernarketing agent and that it will not dmsider other proposals to act as . ' remarketing agent unless and until the Kirkpatrick Pett~s proposal for remarketing has be_en rejected._ 1 · ! . ' Section 4. Payment of Expenses. Expenses will be in~urred to make the arrangements for the sale of the bonds before their delivery and the re~eipt of proceeds by the District but such expenses will not be obl,igations of the District 4nless advance authorization has been obtained from the District .. All of the expenses ~curred in connection with the authorization, sale, and delivery of the bonds, including rll.ting application, letter of credit ' . fees and related expenses, insurance premiums, bond!, disclosure ·and underwriter's counsel and our out~of-pocket expenses for any travel o,itside of Colorado shall be paid only from the proceeds derived upon sale of the Bonds. i . j Section. 5. Not an Offer to Buy. This letter of intent ~s not ~ offer to purchase or a guarantee that we will make an offer to purchase the Di$trict's bonds in the -future. Our offer to purchase, if made, will only be made by a bond purchase agreement prepared by our counsel and reviewed by the District and its counsel ~fter the successful conclusion of the pre-sale arrangements described in Section l and the ;completion of other p~eliminary ·matters. This letter serves to summarize the steps we ho~e will lead to an underwriting of bonds at a future date at which time both Kirkpatrick Pett;,.s and the District will incur and assume additional obligations as set forth in the bond pur~hase agreement. ' (, Section 6. Private Placement of Debt. If the Di~trict determines that a private placement of debt to developer or other parties would bp in its best interest, the District agrees it will utilize the services of Kirkpatrick Pettis as :in advisor for a fee not to exceed p.3 I% of the debt distributed. \ -----,..----;-_..;____r;f Kirkpatrick Pettis. A Mutual of Omaha Company -· - ( Ma~ 09 2003 12:07PM BAILEY DOTSON Proposed Stone Ridge Metropolitan District Page 4 o/4 ; ' . • I 3037519914 Section 7. Term of Letter Agreement. This letter agreement shall remain in_ full force and effect until such time as the Board of Directors oftbe pistrict, after formal action by the Board, notifies Kirk-patrick Pettis in writing of its jntent to terminate this letter agreement, provided that no such action or notice shall beieffective until after December 1, 2006. Kirk-patrick Pettis may resign as investment banl{er to the District by providing written notification with no less than 60 days notice to the J;}istrict. . I . Section 8. Acceptance. The petitioners or other autboljized officers of the developer may indicate their desire to proceed with the deliveiy jof these investment banking services .upon the basis set forth in this Jetter by executi.r).g one copy of this letter and returning it to us. · \ Respectfully submitted, Kirkpatrick, Pettis, Smith, Polian Inc. _Thomas R. Bishop · ... Senior V.ice President· · ACCEPTED thi~ da~ of April 2003: ' . T · Proposed Stone Ridge Metropolitan District Kirkpi1trick Pettis A Mutual of Omaha Company p.4 \ EXHIBIT I Legal Counsel Letter SANDER SCHEID INGEBRETSEN MILLER & PARJSH, P.C. DIANNE 0. MILLER Town of Firestone Post Office Box 100 Firestone, Colorado 80520 A PROFESSIONAL CORPORA Tl ON AlTORNEYS AT LA IV 700 17'" STKEET, SUITE 2200 DENVER, COLORADO 80202 PMONE: 303-285-5300 FAX: 303-285-5301 April 22, 2004 RE: Organization of Stoneridge Metropolitan District DIRECT: 303-285-5304 Email: dmitlcr@ssimlaw.com This fim1 has acted as counsel to the Petitioners in connection with the organization of the Stoneridge Metropolitan District (the "District"). Pursuant to the requirements ofV.m. of the Service Plan for the District, this letter confim1s that the petition for organization of the District filed with the Town on August 11, 2003, the Service Plan for the District, as approved on April I, 2004, and as amended on April 22, 2004, and the notice, hearing and other procedures in cormection with the approval of the Service. Plan and amendment there.to, have met the requirements of the Special District Act,§ 32-1-101, et seq., C.R.S., and that the provisions of the Service Plan, as amended, including, wi.thout lii11itation, provisions as to the structure and tem1s of the Dist1ict's bonds, fees and revenue sources, are consistent with applicable provisions of titles 11 and 32, C.R.S., and other applicable law. Please be advised, however, that this firm has not been engaged as· bond counsel to the District, nor will this firm serve as bond counsel at any time for the District. This letter does not purport to. offer any opinion of the type customarily required to be given by bond counsel with regard to any bond transaction of the District. · This letter is limited to the use of the addressee as set forth above, and may not be relied upon by other parties or in connection with any future sale, resale or transfer of bonds and may be relied upon only as stated herein. This letter may not be used, quoted or refe1Ted to, in whole or in part, for any other purpose without the prior, written consent of the firm S1.oneridge\Scrvicc Plan JLG090(i 0701.0003 Very truly yours, SANDER SCHEID INGEBRETSEN MILLER & PARISH, P.C. Dianne D. Miller ( Sherman & Howard L.L.c. Town of Firestone 15 l Grant A venue Box 100 Firestone, Colorado 80520 ATTORNEYS & COUNSELORS AT LAW 633 SEVENTI:ENni STREET, SUITE 3000 DENVER, COLORADO 80202 TELEPHONE: 303 297-2900 FAX: 303 298-0940 OFFICES IN: COLORADO SPRINGS RENO • LAS VEGAS • PHOENIX April 16, 2004 Re: Stoneridge Metropolitan District Reference is herein made to a letter dated March 30, 2004, from o.ur firm, which· addressed certain issues related to a proposed use of bond proceeds by the proposed Stoneridge Metropolitan District (the "District") for the construction of improvements jointly benefitting the Town of Firestone and the District. We have now been informed that the District will no longer be exercising sanitary sewer powers. This does not change the conclusions expressed in the March 30 letter. Sincerely, SHERMAN & HOW ARD L.L.C. Blake T. Jordan, Esq. Sherman & Howard L.L.C. Town of Firestone 151 Grant Avenue Box 100 Firestone, Colorado 80520 ATTQR.'IEYS & COUNSELORS AT LAW 633 SEVEiVl'EENTif STREFI; SUITE 3000 DENVER, COLORADO 80202 TELEPHONE: 303 297-2900 FAX: 303 298-0940 OFFICES lN: COLORADO SPRJNGS RENO • LAS VEGAS • PHOENIX April 1, 2004 Re: Stoneridge Metropolitan District Reference is herein made to a letter dated March 30, 2004, from our firm, which addressed certain issues related to a proposed use of bond proceeds by the proposed· Stoneridge Metropolitan District (the "District") for the construction of improvements jointly benefitting the Town of Firestone and the District. A copy of that letter is attached hereto. We have now been informed that the amount of proceeds to be so applied has been increased from $150,000 to $728,993. This change 'in the amount does not change the conclusions expressed in the March 30 letter, assuming that the Criteria set forth in that letter still apply. In particular, the improvements still must be those which the District could itself provide, and the improvements still must be of benefit to the District. Sincerely, SHERMAN & HOW ARD L.L.C. Blake T. Jordan, Esq. ( Sherman & Howard L.L.c. Town of Firestone 151 Grant Avenue Box 100 Firestone, Colorado 80520 ATTORNEYS & COUNSELORS AT LAW 633 SEVENTEENTI-1 STREET, SUITE 3000 DENVER, COLORADO 80202 TELEPHONE: 303 297-2900 FAX: 303 298-0940 OFFICE.SIN: COLORADO SPRINGS RE.~0 • LAS VEGAS • PHOENIX March 30, 2004 Re: Stoneridge Metropolitan District We have been asked to write this letter in our capacity as bond counsel to the proposed Stoneridge Metropolitan District (the "District"). The current draft of the Service Plan for the District provides as follows: "The District will pay to the Town for deposit into the Town's capital improvements fund One Hundred Fifty Thousand Dollars ($150,000.00) of the District's total net bond proceeds which shall be paid to the Town concurrently with the delivery of the Bonds. Pursuant to an agreement to be executed between the Town and the District, the funds so paid to the Town shall be used by the Town to finance improvements (whether inside or outside the boundaries of the -District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness (i.e., streets, street lighting, traffic safety controls, water, sanitary sewer, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District." We have been asked to confirm that the foregoing is an acceptable use of bond proceeds. The answer is in the affirmative. The District is specifically authorized by statute to provide improvements which benefit the District, whether such improvement are inside our outside the boundaries of the District, and to enter into intergovernmental agreements. Whether the District provides such improvements directly, or does so by contracting with the Town, does not in our view affect the validity or tax-exempt status of the bonds. We know of no reason why tax restrictions on this use of bond proceeds would differ from tax restrictions generally applicable to other governmental bond issues for capital purposes. The foregoing presumes that the improvements are of the type the District is Sherman & Howard L.L.c. Town of Firestone, Colorado March 30, 2004 Page 2 permitted to provide under the Service Plan and organizational documents, and are of benefit to the · District and its residents. As with all bond issues, as a condition ofgiving our opinion on the bonds, we would need certification as to the use of all proceeds, including these proceeds. Such certification would be requested from the District and possibly from the Town, depending upon the circumstances; however, if the Town enters into an agreement to so apply such proceeds, we would rely upon the Town's promises thereunder unless we had knowledge that other factors called that reliance into question._ to call me. I hope this responds to your request. If you have further questions, please feel free Sincerely, ~ARDL.L.C. Blake T. Jordan, Esq. EXHIBITK Part I -Developer Indemnity Letter Part II -District Indemnity Letter Town of Firestone P.O. Box 100 Firestone, Colorado 80520 June 2, 2003 RE: Stoneridge Metropolitan District Ladies·and Gentlemen: This Indemnity Letter (the "Indemnity Letter") is delivered by the undersigned Best Buy Homes Colorado, Inc., a Colorado corporation ("Best Buy") in order to induce the Town of Firestone (the "Town") to approve the Service Plan, including all amendments heretofore or hereafter made thereto _(the "Service Plan") for the Stoneridge Metropolitan District (the "District"). In consideration of the Town's approval of the Service Plan, Best Buy, for and on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the Town as follows: 1. Best Buy hereby waives and releases any present .or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents or contractors in any manner related to or connected with the Service Plan or any action or omission with respect thereto. Best Buy further hereby agrees to indemnify and hold hannless the Town and the Town's elected and appointed officers, employees, agents and contractors, from and against any and all liabilities resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any third party, including attorneys' fees and expenses and court costs, which directly or indirectly or purportedly arise out of or are in any marmer related to or connected with any of the following: (a) the Service Plan or any document or instrument contained or referred to therein; or (b) the formation of the District or any actions or omissions of Best Buy, the District, the Town or any other person or entity in connection with the District, including, without limitation, any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. Best Buy further agrees to investigate, handle, respond to and to provide defense for and defend against, or at the Town's option to pay the attorneys' fees and expenses for counsel of the Town's choice for any such liabilities, claims, demands, suits, actions or other proceedings. It __ is understood and agreed that the Town does not waive or intend to waive the monetary limits (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, §§ 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Town, its officers or its employees. 2. Best Buy hereby consents to the Town Disclaimer Statement contained in Exhibit M to the Service Plan, acknowledges the Town's right to modify the Town Disclaimer Statement, and waives and releases the Town from any claims Best Buy might have based on or relating to the use of or any statements made or to be made in such Town Disclaimer Statement (including any modifications thereto). 3. It is understood and agreed, and Best Buy hereby expressly acknowledges, that the Town, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity Letter. 4. This Indemnity Letter has been duly authorized and executed on behalf of Best Buy. Stoneridge\Service Plan JLG09l6 0617.0003 Very truly yours, BEST BUY HOMES COLORADO, INC., a Colorado corporation , l!?c~ z_·f~~- i Bailey E.Doij'on, Chienfxecutive Officer ( Town of Firestone P.O. Box 100 Firestone, Colorado 80520 ________ ,2004 . (Date of Organizational Meeting) RE: Stoneridge Metropolitan District Ladies and Gentlemen: This Indemnity Letter (the "Indemnity Letter") is delivered by the Stoneridge Metropolitan District (the· "District") in order to comply with the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the District. In consideration of the Town's approval of the Service Plan, the District, for and on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the Town as follows: 1. The District hereby waives and releases any present or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents or contractors in any manner related to or connected with the Service Plan or any action or omission with respect thereto. To the fullest extent permitted by law, the District hereby agrees to indemnify and hold harmless the Town and the Town's elected and appointed officers, employees, agents and contractors, from and against any and all liabilities resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any third party, including attorneys' fees and expenses and court costs, which directly or indirectly or purportedly arise out of or are in any manner related to or connected with any of the following: (a) the Service Plan or any document or instrument contained or referred to therein; or (b) the formation of the District or any actions or omissions of the District, the Town, Best Buy Homes Colorado, Inc., a Colorado corporation ("Best Buy"), or any other person or entity in connection with the District, including, without limitation, any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. The District further agrees to investigate, handle, respond to and to provide defense for and defend against, or at the Town's option to pay the attorneys' fees and expenses for counsel of the Town's choice for, any such liabilities, claims, demands, suits, actions or other proceedings. It is understood and agreed that neither the District nor the Town waives or intends to waive the monetary limits (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act,§§ 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the Town, the District, its officers, or its employees. 2. The District hereby consents to the Town Disclaimer Statement contained in Exhibit M to the Service Plan; agrees that the District will include such Town Disclaimer Statement or any modified or substitute Town Disclaimer Statement hereafter furnished by the Town to the District in all offering materials used in connection with any bonds or other financial obligations of the District ( or, if no offering materials are used, the Town Disclaimer Statement will be given by the District to any prospective purchaser of any bonds or other financial obligations of the District); and waives and releases the Town from any claims the District might have based on or relating to the use of or any statements made or to be made in such Town Disclaimer Statement (including any modifications thereto). 3. It is understood and agreed, and the District hereby expressly acknowledges, that the Town, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity Letter. 4. This Indemnity Letter has been duly authorized and executed on behalf of the District. Very truly yours, STONERIDGE METROPOLITAN DISTRICT By: ________________ _ Title: ----------------- ( EXHIBIT L Form of Disclosure Notice STONERIDGE METROPOLITAN DISTRICT TOWN OF FIRESTONE WELD COUNTY, COLORADO •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• DISCLOSURE STATEMENT Pursuant to Article XII of the Service Plan of Stoneridge Metropolitan District •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• DISTRICT ORGANIZATION: Stoneridge Metropolitan District (the "District"), Town of Firestone, Weld County, Colorado is a quasi-municipal corporation and political subdivision of the State of Colorado duly organized and existing as a metropolitan district pursuant to Title 32, Colorado Revised Statutes. The District was declared organized and an existing metropolitan district on _____ __, 200_, pursuant to an Order and Decree Organizing District and Issuance of Certificates of Election for the Stoneridge Metropolitan District, issued in the District Court of Weld County, Colorado. The Order and Decree was recorded in the records of the Weld County Clerk and Recorder on ------~ 200_ at Reception# _____ _ The District is located entirely within the corporate limits of the Town of Firestone, Colorado, in Weld County. The legal description of the property fonning the boundaries of the District is described in Exhibit A. DISTRICT PURPOSE: Stoneridge Metropolitan District was organized for the purpose of financing streets, street lighting, traffic and safety controls, water, sanitary sewer, landscaping, stonn drainage, mosquito control and park and recreation improvements, all in accordance with its Service Plan approved by the Board of Trustees of Firestone. When completed, improvements shall be dedicated to the Town of Firestone or governmental entities, all for the use and benefit of residents and taxpayers, or operated and maintained by contract with a Homeowners' Association fonned for the Stoneridge subdivision. The District's Service Plan is on file and available for review at the office of the District's general counsel, Sander Scheid Ingebretsen Miller & Parish, P.C., 700 17'11 Street, Suite 2200, Denver, Colorado 80202, and at the office of the Town Clerk, Town of Firestone, 151 Grant Avenue, Firestone, Colorado 80520. TAX LEVY INFORMATION: The primary source of revenue for the District is ad valorem property taxes. Property taxes are detennined annually by the District's Board of Directors and set by the Board of County Commissioners for Weld County as to rate or levy based upon the assessed valuation of the property within the District. The levy is expressed in tenns of mills. A mill is 1/1 ,000 of the assessed valuation, and a levy of one mill equals $1 of tax for each $1,000 of assessed value. The financial forecast for the District (as set forth in its Service Plan) assumes that the District ( ,' will be able to set its tax levy at approximately forty (40) mills for 2004 through 2036 for debt service and administration purposes. Except for certain adjustments permitted by the Service Plan to compensate for legally required changes in residential valuation ratios, the District shall not impose a mill levy in excess of fifty (50) mills. District taxes are collected as part of the property tax bill from Weld County. STATE OF COLORADO COUNTY OF ______ _ STONERIDGE METRO POLIT AN DISTRICT By: ) ) ss. ) , President The foregoing instrument was acknowledged before me this __ day of ____ _ 200_, by __________ _ as President of the Stoneridge Metropolitan District. WITNESS my hand and official seal. My commission expires: Notary Public Stoneridge\Service Plan JLG091 I 0617.0003 EXHIBIT A (Legal Description of District) A parcel of land being part of the Northwest Quarter (NWl/4) of Section Thirteen (13) and part of the East Half (El/2) of Section Fourteen (14), all in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northwest Comer of said Section 13 and assuming the North line of said NWl/4 as bearing South 89°31 '25" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2699.37 feet with all other bearings contained herein relative thereto From said point the West Quarter Comer of said Section 13 bears South 00°30'1 l" East a distance of2650.68 feet: THENCE South 00°30' 11" East along the West line of said NWl/4 a distance of 30.00 feet to the intersection with the Southerly Right-Of-Way (ROW) line of Weld County Road #22 (WCR #22). Said point being the TRUE POINT OF BEGINNING. Said point also being on the Southerly line of Firestone Sixth Annexation (FSA) as recorded May 5, 1997 in Book 1604 as Reception Number 2546405 of the records of the Weld County Clerk and Recorder (WCCR); THENCE South 89°31 '25" East along the Southerly ROW line of said WCR #22, also being the Southerly line of said FSA a distance of 2699.16 feet to the East. line of said NW 1/4; TEN CE South 00°06'24" East along said East line a distance of2183.38 feet to the Northeast Comer of that parcel of land as described in that Warranty Deed as recorded. May 20, 1999 as Reception Number 2694995 of the records of the WCCR. From said point the Center Quarter Comer of said Section 13 bears South 00°06'24" East a distance of 420.00 feet; Thence along the Northerly and Westerly line of the aforesaid parcel ofland by the following Two (2) courses and distances: THENCE North. 89°53'17" West along a line parallel with the South line of said NWl/4 a distance of 420.00 feet; THENCE South 00°06'24" East along a line parallel with the East line of said NWl/4 a distance of 420.00 feet to the South line of said NWl/4 and being the Southwest Comer of the aforesaid parcel of land. From said point the Center Quarter Comer of said Section 13 bears South 89°53' 17" East a distance of 420.00 feet; THENCE North 89°53' 17" West along the South line of said NWl/4 a distance of2230.92 feet to the Westerly ROW line of Weld County Road #11 (WCR #11 ). Said point also being on the Easterly of Weld County Road 11 and 22 Annexation as recorded February 10, 2000 as Reception Number 2749171 of the records of the WCCR; Thence along the Easterly and Northerly line of the aforesaid annexation by the following Three (3) courses and distances: THENCE North 00°28'13" West a distance of 0.31 feet; THENCE South 89°31 '47" West a distance of 30.00 feet to the West Quarter Comer of said Section 13; THENCE South 89°31 '47" West a distance of 30.00 feet to the Westerly ROW line of said WCR #11; THENCE North 00°30' 11" West along said Westerly ROW line a distance of 2620.95 feet to the Southerly ROW line of said WCR #22; THENCE South 89°56'30" East along said Southerly ROW line a distance of30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel ofland contains 159.050 Acres, more or less(±) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. ( EXHIBIT M Form of Town Disclosure Statement TOWN OF FIRESTONE, COLORADO -DISCLAIMER STATEMENT As a requirement imposed in its formation process, the Stoneridge Metropolitan District (the "District") is obligated to the Town of Firestone (the "Town") to include this disclaimer statement in all offering materials used in connection with any bonds or other financial obligations of the District ( or, if no offering materials are used, to give this disclaimer statement to any prospective purchaser, investor or lender in connection with any such bonds or other financial obligations of the District). The date of this disclaimer statement is The Town has not reviewed or participated in the preparation of any offering materials or any other disclosure documentation relating to any bonds or financial obligations of the District or any other materials to which this Disclaimer Statement is appended. Other than this Disclaimer Statement, no other statement of any kind is authorized to be made by or on behalf of the Town in any offering materials or any other disclosure documentation relating to any bonds or other financial obligation·s of the District. The Town and the District are separate legal entities. The ,Town is not a party to and is not obligated with respect to any borrowings, financings, bonds or other financial obligations of the District. As a statutory requirement for the formation of the D_istrict, the Town approved a Service Plan containing financial and other information furnished by the ·District's organizers. The Town's approval of the Service Plan was based upon such information furnished by the District's organizers, without independent investigation by the Town. The District's Service Plan was prepared in 2004 and not in connection with the offering of any bonds or other financial obligations. The Town's approval of the District's Service Plan should not be relied upon by prospective purchasers, bondholders, investors or lenders in evaluating the investment quality of the District's bonds or other financial obligations. The Service Plan and related agreements do not impose upon the Town any duties to, nor confer any rights against the Town upon, any purchasers, investors, lenders, bondholders or other third parties. ( EXHIBITN Form of Intergovernmental Agreement between District and Town INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE, COLORADO AND STONERIDGE METRO POLIT AN DISTRICT This INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into this __ day of _____ 2004, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (the "Town"), and STONERIDGE METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District"), collectively refeJTed to herein as the "Parties". RECITALS WHEREAS, the District was organized to finance, acquire, design, construct and install certain facilities, and to exercise powers, all as are more specifically set forth in the District's Service Plan, dated April I, 2004, and approved by the Town on April I, 2004, by Resolution No. 04-19, and amendments approved by the Town cin Ap~l 22, ;2004 (the "Service Plan"); and . . WHEREAS, the Service Plan makes reference to and requires the execution cif an· · intergovernmental agreement between the Town and the District; and . . WHEREAS, the Town and the District have determined it to be in the best interests of their respective taxpayers, residents and property owners.to enter into this Agreement; 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 I. APPLICATION OF LOCAL LAWS. The District hereby acknowledges that the property within its boundaries shall be subject to all ordinances, rules and regulations of the Town, including without limitation, ordinances, rules and regulations relating to zoning, subdividing, building and land use, and to all related Town land use policies, master plans, related plans and intergovernmental agreements. 2. NATURE OF DISTRICT. The District agrees that it is organized for the purpose of financing certain public improvements for the area within its boundaries only (except to the extent otherwise specifically provided in Article V.c of the Service Plan), which area is designated as the proposed Stoneridge development, and that the District's purposes, powers, facilities and activities are to be limited and governed by the Service Plan. The District is not intended to and shall not provide facilities or service outside its boundaries (except as otherwise specifically provided in Article V.c of the Service Plan). Further, the District is not intended to and shall not exist perpetually, but instead shall be dissolved in accordance with the Service Plan and this Agreement. The District shall not provide any services or facilities within any area of the District overlapping with the service area of.another district without first obtaining the written consent of each and every district whose service area is so overlapped. 3. CHANGE IN BOUNDARIES. The District agrees that, as set forth in the Service Plan, inclusion of properties within, or any exclusion of properties from, its boundaries shall constitute a material modification of the Service Plan; any purported inclusion or exclusion that has not been approved by the Town pursuant to the procedures applicable to a material modification of the Service Plan shall be void and of no effect. 4. TOWN APPROVAL REQUIREMENTS: REVIEW OF DISTRICT SUB MITT ALS. The District agrees that any Town approval requirements contained in the Service Plan (including, without limitation, any Service Plan provisions requiring that any change, request, action, event or occurrence be treated as a Service Plan amendment proposal or be deemed a "material modification" of the Service Plan) shall remain in fuli force and effect, and such Town approval shall continue to be required, notwithstanding any future change in law modifying or repealing any statutory provision concerning service plans, amendments thereof or modifications thereto. The District agrees to reimburse the Town for all reasonable administrative and consultant costs incurred by the Town for any Town review of reports, plans, submittals, proposed modifications or requests for administrative approvals, or other materials or requests provided to the Town by the District pursuant to the Service Plan, this Agreement, state law or the Firestone Municipal Code. The Town may require a deposit of such estimated costs. 5. OWNERSHIP OF IMPROVEMENTS. The Parties agree that the District shall not be permitted to undertake ownership, operation or maintenance of any public improvements, facilities or services, except as specifically set forth in the Service Plan. 6. ALLOCATION OF FINANCING PROCEEDS. The Parties agree, and the Town's approval of the Service Plan is expressly conditioned upon the requirement, that a total of Seven Hundred Twenty-Eight Thousand Nine Hundred Ninety-Three Dollars ($728,993.00) will be allocated from the District's net bond financing proceeds to the Town's capital improvements fund, which proceeds shall be paid to the Town at the time proceeds are realized from the issuance of bonds as provided for in the Service Plan. Such allocations shall be made in the amounts and at the times set forth in Article V .c of the Service Plan, which Article is incorporated herein by reference as though set forth in full. Such allocations may be used by the Town to finance any street or park or recreation capital improvement ( either within or outside the boundaries of the District) that the District would otherwise be authorized to finance, or, upon agreement of the Town and District, for any other capital improvement (either within or outside the boundaries of the District) the District would otherwise be empowered to construct, i.e., streets, traffic safety controls, street lighting, water, storm drainage, or landscaping improvements and facilities. The District acknowledges and agrees that the provisions of this Agreement and the provisions of the Service Plan for concurrent allocation of bond proceeds to the Town's capital improvements fund for capital i_mprovements are material considerations in, and conditions of, the Town's approval of the District's Service Plan, and that the Town has relied thereon in approving the District's Service Plan. Therefore, the District agrees that it shall include in and make available from the District's bond financing proceeds such Seven Hundred Twenty-Eight Thousand Nine Hundred Ninety-Three Dollars ($728,993.00) to be paid to the Town's capital improvements fund. The District further agrees that it shall not issue bonds without concurrently allocating and delivering to the Town the funds required by Article V.c of the Service Plan. The District further agrees that such delivery of bond proceeds to the Town shall be a condition of closing for each series of bonds. The District specifically agrees that the provisions of this Agreement and of the Service Plan for such concurrent allocation of bond proceeds to the Town shall run in favor of and shall be enforceable by the Town. The District represents and warrants that it has obtained all voter authorizations necessary to implement such provisions of this Agreement and the Service Plan, and that it will exercise its powers in accordance with and in furtherance of such provisions. 7. CONSOLIDATION. The Disttict shall not file a request with the District Court to consolidate with another district without the prior written approva) of the Town. 8. DISSOLUTION. The District agrees that it shall take all action necessary to dissolve the District upon payment or defeasance of the District's bonds or otherwise upon the request of the Town, all as provided in the Service Plan. 9. NOTICE OF MEETINGS. The District agrees that it shall submit a copy of the written notice of every regular, special meeting and work session of the District's Board of Directors to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least three (3) days prior to such meeting. The District agrees that it shall also submit a complete copy of meeting packet materials for any such meeting to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least one (!) day prior to such meeting. 10. ANNUAL REPORT. The District shall be responsible for submitting an annual report to the Town pursuant to and including the information set forth in Article VII of the Service Plan. 11. ENTIRE AGREEMENT OF THE PARTIES. This written agreement, together with the Service Plan, 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. 12. 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 and without amendment to the Service Plan. ( 13. ENFORCEMENT. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. 14. VENUE. Venue for the trial of any action arising out of any dispute hereunder shall be in the appropriate district court of the State of Colorado pursuant to the appropriate rules of civil procedure. 15. 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. 16. 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. Further, with respect to any portion so held invalid or unenforceable, the District and Town agree to take such actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. 17. ASSIGNABILITY. Other than as specifically provided for in this Agreement, neither the Town nor the District shall assign their rights or delegate their duties hereunder without the prior written consent of the other Parties. 18. SUCCESSORS AND ASSIGNS. Subject to Paragraph 17 hereof, 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. [Remainder of page intentionally left blank]. ATTEST: By: Secretary ATTEST: By: Its: S1oneridge\Servicc Plan JLG0937 0617.0003 STONERIDGE METROPOLIT Al'-./ DISTRICT By: President TOWN OF FIRESTONE By: Its: ( EXHIBITO Resolution of Town of Firestone Approving Service Plan TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE ORGANIZATION OF STONERIDGE METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 04-fl_ RESOLUTION OF APPROVAL WHEREAS, pursuant to the provisions of Title 32, Article I, Part 2, C.R.S. as amended, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado, following due notice, held a public hearing on the Service Plan of the proposed Stoneridge Metropolitan District on the !st day of April, 2004; and WHEREAS, the Board of Trustees bas considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plan should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1-204.S(l)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of Best Buy Homes Colorado, Inc., a Colorado corporation (the "Developer"), that all of the requirements of Title 32, Article I, Part 2, C.R.S., as amended, relating to the filing of a Service Plan for the proposed Stoneridge Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the Developer, the Bo.llrd of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article I, part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the Service Plan and other evidence presented by and on behalf of the Developer, that: (a) There is sufficient existing and projected need for organized service in the area to be serviced by the proposed District; ( (b) The existing service in the area to be served by the proposed District is inadequate for present 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 District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The creation of the proposed District will be in the best interests of the area proposed to be served. Section 4. That pursuant to Section 32-1-204.S(l)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) The Developer agrees that the Town Attorney will be given reasonable notice of all proceedings in the District Court of Weld County relating to the organization of the District (including notice as described in Section 32-1-304, C.R.S.) .. (b) The Developer agrees that, prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., all fees and expenses which have been submitted to the Developer for payment by or on behalf of the Town or its attorneys or financial or other advisors shall have been paid in full. (c) Prior to the hearing date set by the District Court of Weld County pwsuant to Section 32-1-304, C.R.S., the District shall fully comply with the provisions of Section 32-1-107(3), C.R.S. with respect to the overlapping of service areas. The District's authorization to provide services or facilities within any overlapping area is expressly conditioned upon the District first obtaining the written consent of each and every district whose service area is so overlapped. (d) Prior to the Mayor's execution of this Resolution, the fully and properly executed originals of the service plan certification page; property owners' consents; engineer's statement of reasonableness of capital costs; accountant's letter and forecasts; letters in support of market projections and absorption rates; underwriter's letters; legal counsel letter; bond counsel letter, and Developer's indemnity letter that are required under the Service Plan and set forth on page 35 of the service plan text and in Exhibits D, E, G, H, I, J, and Part I of Exhibit K, shall be provided to the Town. (e) At its organizational meeting, the District shall execute the District indemnity letter and intergovernmental agreement with the Town that are required under the Service Plan and set forth in Part 2 of Exhibit Kand Exhibit N thereto, and shall provide the fully executed originals of such documents to the Town. If any of the above-stated conditions (a) through (d) are not met, the Town may file a motion with the District Court of Weld County requesting that the hearing on the organization of the District be delayed until such conditions are met, and Developer has represented that it will not oppose such motion. Further, if any of the above-stated conditions (a) through (e) are not met, the Town may pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the Service Plan of the proposed Stoneridge Metropolitan District, as set forth in Exhibit A to this Resolution and dated March 30, 2004, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.S(l)(c), C.R.S., and subject to the revisions set forth in Exhibit B. Section 6. That a certified copy of this Resolution be filed in the records of the Town of Firestone and submitted to the Developer for the purpose of filing in the District Court of Weld County for further proceedings concerning the District. .•.. •;·o·~""~········-. : ~~'\})·~ \ ..... ~TT~~J/ 4/ l/04 6: I S PMj1jl]F:\Officc\Fircflo~\Mctropoli1anDinria\S1oncridse\ApproV11!Rc10h11ion ½41 Michael P. Simone Mayor EXHIBIT A (Copy of Service Plan) EXHIBIT B REVISIONS TO STONERIDGE METROPOLITAN DISTRICT SERVICE PLAN (SECOND SUBMITTAL, MARCH 30, 2004) \ (Firestone Board of Trustees Meeting, April 1, 2004) I. Update Engineer contact information on page 2. 2. On page 7, line 6, change "One Hundred Fifty Thousand Dollars ($ 150,000.00)" to "Seven Hundred Twenty Eight Thousand Nine Hundred and Ninety-Three Dollars ($728,993.00)". 3. On page 7, line 12, change "and" to "or". <I. On page 7, line 15-17, delete", design, construct and install Town" from line 15; change "all" to "the" in line 16; insert "or the Central Weld County Water District (CWCD)" after the first reference to "Town" in line 17; and insert "or CWCWD" after the second reference to "Town" in line 17. 5. On page 12, line 14, strike "control". 6. On page I 3, line 6 and lines 8-9, strike "to the District" in both pl_aces. I 7. On page 15, line 5, change "One: Hundred Fifty Thousand Dollars ($150,000.00)" to "Seven Hundred Twenty Eight Thousand Nine Hundred and Ninety-Three Dollars ($728,993.00)". 8. On page 15, line 8, change "Three Million Two Thousand Four Hundred Twenty-Four Dollars and Four Cents ($3,002,424.04)" to "Three Million Eight Hundred Eighty One Thousand Four Hundred and Seventeen Dollars and Four Cents ($3,881;417.04)". 9. On page 15, line 21, change "Five Million Dollars ($5,000,000)" to "Four Million Dollars ($4,000,000)". 10. On page 16, line 4, change "seventy three (73)" to "one hundred and forty one (141)". 1 I. On page 16, line I 7, change "One Hundred Fifty Thousand Dollars ($150,000.00)" to "Seven Hundred Twenty Eight Thousand Nine Hundred and Ninety-Three Dollars ($728,993.00)". 12. On page 17, add the following to the end ofline 2: "and shall be specifically identified in an amendment to the IGA between the Town and District, which amendment shall be fully executed prior to issuance of any District bonds." 13. On page 17, line 22, change "Five Million Dollars ($5,000,000)" to "Four Million Dollars ($4,000,000)". I 4. On page I 8, line 2, add "voted" between "maximum" and "amounts" and add the following after the word "sale" on line three: "; provided, however, that the actual interest rate shall not exceed three hundred (300) basis points above the thirty (30) year 'AAA' Municipal Market Data rate in effect at the time the bonds are sold." I 5. On page I 9, line I 9, add "warranty" before "maintenance." 16. On page 20, line 8, change "ten (10.000)" to "seven and one-half (7.500)". 17. On page 21, line 13, delete "minimum denomination". 18. On page 22, lines 22 and 23, revise "Thirty Thousand Dollars ($30,000)" to "Fifty Thousand Dollars ($50,000)" and "Thirty Thousand Six Hundred Dollars ($30,600)" to "Thirty Thousand Dollars ($30,000)". 19. On page 26, line 12, delete comma after "warranty." 20. Exhibit A, Legal Description: Replace aliquot legal description with final, approved · metes and bounds description used for final subdivision plat. 21. -Exhibit G, page 5 of forecast: Correct table to use a 2004 construction start year._ 22. Exhibit G, page 12, note 10 of forecast: Delete "to be funded under the Plan" on line I and revise "$150,000" to "$728,993" on line 2. 23. Exhibit J, Bond Counsel Letter: Revise letter to reflect final revenue-sharing contribution provision of service plan text. 24. Exhibit K, Part 2, District Indemnity Letter: In Item 2, revise Exhibit reference from · KtoM. 25. Exhibit L, Disclosure Statement: Replace Exhibit A aliquot legal description with final, approved metes and bounds description used for final subdivision plat. 26. Exhibit N, IGA, Section 6: Revise "One Hundred Fifty Thousand Dollars ($150,000)" in both places to "Seven Hundred Twenty Eight Thousand Nine Hundred and Ninety-Three Dollars ($728,993.00)". 27. Proponents shall obtain a revised consent of the Carbon Valley Park and Recreation District (CVPRD) reflecting that (1) all public improvements and facilities that are financed, constructed, installed or acquired by the District shall be dedicated and conveyed to the Town or its designee; and (2) the Stoneridge District shall not provide park or recreation services, in lieu of language stating the CVPRD is the exclusive provider of such services. CERTIFICATE I, Judy Hegwood, do hereby certify that the above and foregoing is a true, correct and complete copy of a resolution adopted by the Board of Trustees of the Town of Firestone, Colorado, at a public meeting held on the / ~ day of April, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Firestone, Colorado, this / '!: day of April, 2004. TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE AMENDED AND RESTATED SERVICE PLAN FOR STONERIDGE METROPOUT AN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 04- R ES O LU TIO N OF APPROVAL WHEREAS, pursuant to Resolution No. 04-19, adopted April 1, 2004, the Board of Trustees of the Town of Fir~stone approved a Service Plan for the Stoneridge Metropolitan District, located in the Town of Firestone, County of Weld, State of Colorado; and WHEREAS, the proponents of the District have been unable to obtain the consent required purs1:1ant to Section 32-1-107, C.R.S. to enable the District to finance, construct, install, acquire or otherwise provide sanitary sewer improvements or services, as otherwise may be permitted by the Service Plan approved by Resolution No. 04-19; and WHEREAS, the proponents of the District have therefore requested Town approval of amendments to the District Service Plan to delete from the Service Plan the authority to finance, construct, install, acquire or otherwise provide sanitary sewer improvements or services; and WHEREAS, for such purpose the proponents have submitted an Amended and Restated Service Plan containing the amendments necessary to remove from the District's Service Plan the authority to finance, construct, install, acquire or otherwise provide sanitary sewer improvements or services; and WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of Firestone, County of Weld, State of Colorado, held a public hearing on the proposed Amended and Restated Service Plan Stoneridge Metropolitan District on the 22nd day of April, 2004; and WHEREAS, the Board of Trustees has considered the proposed amendments and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the proposed Amended and Restated Service Plan should be approved by the Board of Trustees, subject to certain conditions set forth below. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: I Section I. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby detennine, based on representations by and on behalf of Best Buy Homes Colorado, Inc., a Colorado corporation (the "Developer"), that all of the requirements of Title 32, Article I, Part 2, C.R.S., as amended, relating to the proposed amendments to the Stoneridge Metropolitan District Service Plan, as set forth in the Amended and Restated Service Plan dated April 16, 2004, have been fulfilled. Such amendments include amendments to the text of the Service Plan and to Exhibits E, I and N to the Service Plan to delete from such Service Plan the authority to finance, construct, install, acquire or otherwise provide sanitary sewer improvements or services. Section 2. That, based on representations by and on behalf of the Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the proposed amendments to Service Plan pursuant to Title 32, Article I, Part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Amended and Restated Service Plan for Stoneridge Metropolitan District, as set forth in Exhibit A to this Resolution and dated April I 6, 2004, subject to the conditions stated in Section 4 below. Section 4. That, pursuant to Section 32-!-204.5(l)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Amended and Restated Service Plan for Stoneridge Metropolitan District: (a) Prior io the Mayor's execution of this Resolution, the District shall provide to the Town the fully and properly executed updated originals of the legal counsel letter (Exhibit I), the bond counsel letter (Exhibit J), and financing plan notes (Exhibit G). (b) The Amended and Restated Service Plan is and shall remain subject to all requirements and conditions of Resolution No. 04-19, which Resolution remains in full force and effect. This Resolution, together with Resolution No. 04-19, constitute the Board of Trustees' resolutions of approval for the service plan for the District. If any of the above-stated conditions are not met, the Mayor shall refuse to execute this Resolution. Further, if any of the above-stated conditions are not met, the Town may pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That this Resolution shall become effective only upon approval and execution by the Mayor in accordance with the provision hereof, and that a certified copy of this Resolution shall be filed in the records of the Town and submitted to the proponents of the District. 2 ( RESOLVED, ADOPTED AND APPROVED this 22nd day of April, 2004. (SE AL) ATTEST: Judy Hegwood Town Clerk TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor 4120/04 7:36 AM (SJ1JF:\OflJu\F'1TCSt011c\Mctropoli1.anDislric-t\S10neridgc\S10ncridgcAmcndrn:nlAppro\'lllRcsol111ion 3 CERTIFICATE I, Judy Hegwood, do hereby certify that the above and foregoing is a true, correct and complete copy of a resolution adopted by the Board of Trustees of the Town of Firestone, Colorado, at a public meeting held on the __ day of April, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Firestone, Colorado, this __ day of April, 2004. (SEAL) Town Clerk 4 ( EXHIBIT A (Complete Copy of Amended and Restated Service Pla11) Town of Firestone P.O. Box lOO Firestone, Colorado 80520 May 29, 2003 RE: Proposed Stone Ridge Metropolitan District (the "District") To Whom It May Concern: The Margret L. Niven Revocable Trust, dated March 26, 2002, is an owner of the property attached hereto as Exhibit A, which property is proposed to constitute the boundaries of tlie District. The purpose of this letter is to advise that I, Grant V. Niven, as co-trustee of the Margret L. Niven Revocable Trust, dated March 26, 2002, consent to the organization of the District. MARGRET L. NIVEN REVOCABLE TRUST, dated March 26, 2002 -6l'tlft · . -vefl; co-trustee fl,\ JI-ILj llt+ l. tJ i ,'nJ STATE OF E9WAA-0f> KA·tJ~j\S COUNTY OF __ S:...L!J\-"-i"-'llc:,,vc;.:'lv:....:'<'::...:-C=-.~-- ) ) ss ) Subscribed and sworn to before me on this~3o'.bctay of May 2003, by Grant V. Niven as co-trustee of the Margret L. Niven Revocable Trust, dated March 26, 2002. ~~ttt L. Burnett Nlrtary Public State of Kansas My Appl. Expires 3-{(z·· 1[ __ , Notary Public My commission expires _,_/t'v--'i--'-'-'-1\,_,_12-"-( '--'(,....,l~{p41_,.,...)""!"'0()"'-· '.,__/_ Stone Ridgc\Servi..:c Plan JLGl255 0701.00030617.0003 · EXHIBITD Property Owners' Consents HW 119 SEC. 11, T2N, R68W \_TOWN OF FIRESTONE LIMITS 1-w w g, "' SEC. 12, T2N, R68W NEIGHBORS POINT SABLE AVE. S!C. 14, T2N. R68W VICINITY MAP $EC. 13, l2N, R68W BOOTH FARMS 0 ? > '.! ..J ,{ ID 0 ,I' 0 (j <( ~'< er I 0 ..J 0 " u TOWN OF FIRESTONE LIMITS 0 > ..J ID 0 0 <( 0:: 0 ..J 0 u FlRESTONE ( EXHIBIT C Vicinity Map RESOLUTION NO. 04-_jj__ A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR ACE HARDWARE WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for Ace Hardware to be located on the property described in Exhibit A; and WHEREAS, all materials related to the proposed Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan, and has forwarded to the Board of Trustees a recommendation of approval of such plan with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan for Ace Hardware should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section ] . The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Development Plan for Ace Hardware to be located on the property described in Exhibit A subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. ATTEST: ~aelP.Simone Mayor EXBJBIT A A PORTION OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPLE MERIDIAN IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEIN~ MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19, FROM WHENCE THE SOUTH QUARTER CORNER BEARS N89°40'09"E, A DISTANCE OF 2472.67 FEET; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER N89°40'09"E, 179.60 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE FIRESTONE TRAIL AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER IN BOOK 1596, PAGE 830 AT RECEPTION NUMBER 2538622; THENCE ALONG SAID RIGHT-OF-WAY LINE N00°52'30"W, 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT -OF-WAY LINE OF GRANT AVENUE; THENCE N89°40'09"E ALONG THE NORTHERLY RIGHT-OF-WAY OF GRANT AVENUE, 402.56 FEET; THENCE N00°52'30"W, 134.94 FEET; THENCE N90°00'00"E, 162.26 FEET; THENCE N00°52'30"W, 135.00 FEET TO A POINT OF CURVE TO THE RIGHT, SAID CURVE HAVING A DEFLECTION ANGLE OF 06°03'03", A RADIUS OF 567.62 FEET AND A CHORD BEARING N02°09'02"E, 59.92 FEET; THENCE ALONG SAID CURVE 59.94 FEET; THENCE N05°10'33"E, 114.12 FEET TO A POINT OF CURVE TO THE LEFT, SAID CURVE HAVING A DEFLECTION ANGLE OF 06°03'03", A RADIUS OF 507.62 FEET AND A CHORD BEARING N02°09'02"E, 53.58 FEET; THENCE ALONG SAID CURVE 53.61 FEET; THENCE N00°52'30"W, 653.20 FEET TO THE NORTHEAST CORNER OF LOT 6 OF THE FIRESTONE SAFEWAY SUBDIVISION AND THE TRUE POINT OF BEGINNING; THENCE N90°00'00'W, 250.59 FEET TO A POINT ON A NONTANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DEFLECTION ANGLE OF 90°01'17", A RADIUS OF 45.00 FEET AND A CHORD BEARING N45°00'34'W, 63.65 FEET; THENCE ALONG SAID CURVE 70.70 FEET; THENCE S89°58'48'W, 19.86 FEET; THENCE N00°00'00"E 290.01 FEET; THENCE N90°00'00"E, 310.34 FEET; THENCE S00°52'30"E, 335.04 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 2.349 ACRES, MORE OR LESS. 2 Notebook EXHIBITB Final Development Plan Conditions of Approval ACE Hardware I. Remove the check from the Final Plat on the application form. 2. Use Firestone Street names for Firestone Streets. 3. Provide the noted updated soils report. 4. Provide a copy of the overall covenants for the property as adopted. FOP General 5. Provide a Firestone Information Block on all sheets. 6. Remove the word "proposed" in the FDP. 7. Modify the document pursuant to comments from the Town Engineer and the Town Attorney. Sheet I 8. In tb" QwnerffieveJoper section, properly identify the Owner. 9. In the Project Concept section, remove references to a specific owner of the store as this is a zoning document. I 0. In the Project Concept section, the land use table and the plan, use the proper amount of building square footage. 11. In the Project Concept section, use the accurate square footage for the combined outdoor storage as shown in the Land Use Table. 12. In the Ilti]ities section, properly reference the gas provider and the fire protection service provider. 13. In tb" I Jtilities section, provide building and landscaping water demand calculations. 14. In the Parking section, note if the number of handicapped spaces meets ADA requirements. 3 15. In the Sign Program section, specifically reference all planned signs for the building and provide specific details. 16. In the Trash Enclasme section, reference and provide a detail for the trash enclosure that, from an architectural materials and detailing standpoint, is consistent with the mam building. 17. Add an Owner's Acceptance Block as specified in the Development Regulations. Sheet 2 18. Clarify the term "sidewalk culvert." 19. Provide the square footage of the main building, the covered storage area and the open storage area. 20. Identify the fencing areas. Sheet 5 21. Modify the paving designation plan to be consistent with the site plan and landscape plan. The modifications shall be as approved by the Town Planner. Sheet 7 22. Also show the Safeway building to the south so that the proper location of the east-west walkway along the south side of the Ace building can be located. Show the final location on the plan. 23. Use a texture symbol to identify native grass areas versus bluegrass areas. 24. Add a note that all areas, including native grass areas, shall be irrigated. Native seed areas can be noted as "intermittently irrigated." 25. In the Plant List table, specify that the minimum size for shrubs shall be 5 gallon and trees shall be 1-1 /2 caliper in size. 26. Revise landscape plan to incorporate additional landscaping in the parking lot as identified at the Planning Commission hearing. Elevations 27. Number the sheets in sequence. 28. Note the scale of elevations. 29. Label the elevations north, east, south and west. 30. Identify maximum height of the building. 4 'i 31. Specify materials in all locations. 32. All materials shall be consistent with the "materials board" submitted at the public hearing. Oetai I Sheet 33. Add a detail sheet to show: • masonry columns • trash enclosure • parking lot light detail (use the same one as Safeway) • building lighting • fencing • fence gates Development Agreement 33. Execute a Development Agreement if requested by the Town. 34. The Firestone Retail Center shall be recorded prior to recording of the FDP. OS/27/2004 7:32 PM {WI) F:ICompmtF~CE.FDP .PC.res(final).doc 5 REsoLunoNNo. 01-;;s SERIES 2004 A RESOLUTION REQUESTING THAT THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-IJ SUBMIT TO THE ELECTORS OF THE DISTRICT A PLAN FOR ELECTING SCHOOL DISTRICT DIRECTORS FROM DIRECTOR DISTRICTS RATHER THAN AT-LARGE. WHEREAS, the Board of Trustees of the Town of Firestone finds that it is in the best interests of the Town, the Town's electors, and school-age residents of the Town that school district directors be elected from director districts rather than at-large; and WHEREAS, Hou~e Bill 04-1230, which was approved on April 21, 2004 and will take effect August 4, 2004, will amend state law to allow for the election of school district directors from director districts rather than at-large; and WHEREAS, House Bill 04-1230 will further amend state law to allow school districts to submit to their electors, at either a special election or a regular biennial school election, a plan to implement such a change in the manner of election of school district directors; and WHEREAS, the Board of Trustees finds that the best interests of the Town, the Town's electors, and school-age residents of the Town that the St. Vrain Valley School District RE-I J promptly prepare and submit to its electors a plan for the election of school district directors from director districts rather than at-large, and that such plan include a district drawn to represent the community of Firestone; and WHEREAS, the Board of Trustees finds that it is appropriate to request and support the call and conduct of an election as soon as possible to present to the voters of the St. Vrain Valley School District RE-I J a plan for election of its school district directors from director districts rather than at-large; and WHEREAS, the Board of Trustees finds that approval of such a plan would provide electors of the Town with a greater voice in the election of school district directors. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Firestone Board of Trustees does hereby request and urge that the St. Vrain Valley School District RE-IJ Board of Education call an election and submit to the electors of the district a plan for electing school district directors from director districts rather than at-large. The Firestone Board of Trustees further requests and urges that the School District prepare such plan and conduct such election at the earliest possible time permitted under House Bill 04-1230, and that such plan of representation include a district drawn to represent the community of Firestone. The Firestone Board of Trustees further urges its citizens to support a plan for election of school district directors from director districts rather than at-large, and to join in a call for an election on such a plan as soon as possible . ..µ., INTRODUCED, READ, and ADOPTED this,;;]_ day of m A <.( , 2004. TOWN OF FIRESTONE, COLORADO ........ ·····• ..• ./"'o-:1~ \ ~~\, ...... _ $ .. / ··•. . ... LMf?t:J.i.,:!-- Mayor A Sn.6/04 8: 14 AM (~IJ:\F:Officc\F"m:sumc\R.c,olution\Scbool Dirtttws.Rcs 534 Education -Public Schools Ch. 175 CHAPTER 175 EDUCATION -PUBLIC SCHOOLS HOUSE BILL O•f.1130 BY REPRESENTATIVE(S) Hall, May M., Cflllle, Fairbank. Lundberg, Mitchell, Rose, Willians S., Williams T., Clldman, G~ia, Hefley, Lee, and v,a~; 11.\so SENATOR(S) Jone,. AN ACT CONCERNING THE ELJo:CTION OF SCIIOOL DISTRICT DIRECTORS FROM DIRECTOR DISTRICTS. Be ii enacted by the General Assembly of the State of Colorado: SECTION 1. 22-31-105 (2) and (7)(a), Colorado Revised Statutes, are amended, and the said 22-31-105 is further amended BY TIIE ADDITION OF A NEW SUBSECTION, to read: 22-31-105. School directors -number -election -term -plan of representation. (2) Except as otherwise provided in section 22-31-131 ( 1.5) (b) (I) AND SUBSECTION (6.5) OF THIS SECTION, all school directors shall be voted on at large by the eligible electors of the entire school district, regardless of the school district's plan of representation. (6.5) (a) THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT THAT DESIRES TO HAVE ALL OR SOME MEMBERS OF THE BOARD OF EDUCATION ELECTED BY THE VOTE OF ELIGIBLE ELECTORS WITHIN A DIRECTOR DISTRICT RATHER THAN AT-LARGE MAY SUBMIT A PLAN TO IMPLEMENT SUCH CHANGE TO THE ELIGIBLE ELECTORS OF THE SCHOOL DISTRICT AT ANY REGULAR BIENNIAL SCHOOL ELECTION OR AT A SPECIAL SCHOOL ELECTION CALLED BY THE BOARD FOR THAT PURPOSE. A CHANGE IN THE METHOD FOR ELECTING MEMBERSOFTHEBOARDOF EDUCATION MA YCONSISTOFTHE ADOPTION OF A DIRECTOR DISTRICT PLAN OF REPRESENTATION OR THE ADOPTION OF A PLAN OF REPRESENT ATIONTHATCOMBINES DIRECTOR DISTRICTS WITH AN AT-LARGE PLAN OF REPRESENTATION. THE PLAN SHALL BE ADOPTED BY THE BOARD OF EDUCATION AT LEAST ONE HUNDRED TEN DA VS PRIOR TO THE ELECTION. (b) THE ELIGIBLE ELECTORS OF ANY SCHOOL DISTRICT WHO DESIRE TO PROPOSE THE ADOPTION OF ANY CHANGE IN THE MANNER OF THE ELECTION OF MEMBERS OF Capital letters indicate new material added to existing statutes: dashes lhrough words indicate deletions from existing stalUtes and such material not part of oct. Ch. 175 Education -Public Schools 535 THE BOARD OF EDUCATION SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (6.5) MAY PETITION THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT TO SUB MIT AP LAN TO IMPLEMENT THE CHANGE TO THE ELIGIBLE ELECTORS OF THE DISTRICT AT ANY REGULAR BIENNIAL SCHOOL ELECTION. THE PETITION SHALL BE SIGNED BY AT LEAST FIVE PERCENT OF THE ELIGIBLE ELECTORS OF THE SCHOOL DISTRICT, AND THE PROPOSED PLAN OF ELECTION SHALL BE ATTACHED THERETO. THE PETITION, TOGETHER WITH THE PROPOSED PLAN, SHALL BE SUBMITrED TO THE SECRETARY OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT AT LEAST ONE HUNDRED TEN DAYS PRIOR TO THE ELECTION. IFTHE PLAN MEETS STATUTORY REQUIREMENTS, THE BOARD OF EDUCATION SHALL SUBMIT THE PLAN TO THE ELIGIBLE ELECTORS OF THE SCHOOL DISTRICT AT THE NEXT REGULAR BIENNIAL SCHOOL ELECTION. (c) A PLANOFELECTION DEVELOPED PURSUANT TO PARAGRAPH (a) OR (b) OF THIS SUBSECTION(6.5) SHALL BE SUBJECT TO THE SPECIFICATIONS PRESCRIBED IN SECTION 22-31-109. (d) THE SECRETARY OF THE BOARD OF EDUCATION SHALL CAUSE NOTICE TO BE GIVEN ON THE QUESTION OF WHETHER THE EXISTING PLAN OF REPRESENTATION SHALL BE REPLACED BY THE PLAN OF REPRESENTATION PROPOSED IN THE MANNER PROVIDED IN PARAGRAPH (a) OR (b) OFTHISSUBSECTION(6.5), PURSUANT TO SECTION J-5-205, C.R.$., WHICH SHALL INCLUDE NOTICE TH AT THE PLAN OF ELECTION IS AVAILABLE AT THE ADMINISTRATION OFFICES OF THE SCHOOL DISTRICT FOR PUBLIC INSPECTION DURING REASONABLE BUSINESS HOURS. (e) THE BALLOT SHALL CONTAIN THE WORDS "FOR THE PROPOSED ELECTION OF DIRECTORS BY THE ELECTORS OF A DIRECTOR DISTRICT" AND "AGAINST THE PROPOSED ELECTION OF DIRECTORS BY THE ELECTORS OF A DIRECTOR DISTRICT". OTHERWISE, THE BALLOTS AND ELECTION PROCEDURES SHALL BE, AS NEARLY AS PRACTICABLE, AS PRESCRIBED FOR A REGULAR BIENNIAL SCHOOL ELECTION. (I) IF A MAJORITY OF THE VOTES CAST AT THE ELECTION ARE FOR THE PROPOSED PLAN OF ELECTION, THE PLAN SHALL BECOME EFFECTIVE UPON THE SURVEY OF ELECTION RETURNS; BUT NO PLAN OF ELECTION SHALL TERMINATE THE OFFICE OF ANY SCHOOL DIRECTOR ELECTED AT OR PRIOR TO THE ELECTION AT WHICH THE PLAN IS SUBMITTED. THE PLAN SHALL BE EFFECTIVE AFTER THE ELECTION FOR SUBSEQUENT VACANCIESANDTHE ELECTION OFSCHOOLDIRECTORS AT ANY SUBSEQUENT REGULAR BIENNIAL SCHOOL ELECTION. IN THE EVENT THAT, AS A RESULT OF THE ADOPTION OF A PLAN OF REPRESENTATION, TWO OR MORE MEMBERS OF THE BOARD OF EDUCATION RESIDE IN THE SAME NEW DIRECTOR DISTRICT AND THE OFFICE OF ANY ONE OF THE MEMBERS THEREAFTER BECOMES VACANT, THE VACANCY SHALL BE FILLED BY THE APPOINTMENT OF AN ELIGIBLE ELECTOR RESIDING IN A DIRECTOR DISTRICTTHATDOES NOT AT THAT TIME HAVE A REPRESENTATIVE ON THE BOARD OF EDUCATION. IFTHE MAJORITY OF THE VOTES CAST AT THE ELECTION ARE AGAINST THE PROPOSED PLAN OF ELECTION, THE SCHOOL DIRECTORS OF THE DISTRICT SHALL CONTINUE TO BE ELECTED OR APPOINTED AS PROVIDED UNDER THE EXISTING PLAN OF ELECTION, EXCEPT AS OTHERWISE PROVIDED IN SECTION 22-31-J ) 0. (7) (a) A resolution by a board of education ofa school district or a petition of the eligible electors of a school district may propose any of the issues specified in subsections (3) to t6} (6.5) of this section for consideration in one election. 536 Education -Public Schools Cb. 175 SECTION 2. 22-31-109, Colorado Revised Statutes, is amended to read: 22-31-109. Specifications for director districts. (I) EXCEPT FOR DIRECTOR DISTRICTS ESTABLISHED PURSUANT TO SECTION 22-31-131, in school districts having a director district plan of representation or a combined director district and at-large plan of representation WHERE ALL MEMBERS OF THE BOARD OF EDUCATION ARE VOTED ON BY THE ELIGIBLE ELECTORS OF THE ENTIRE SCHOOL DISTRICT: (a) At least one member of the board of education of the school district shall be elected from each of the director districts. (b) Director districts shall be contiguous, compact, and as nearly equal m population as possible. (c) The Director districts shall be not less than five nor more than seven in number. (2) IN SCHOOL DISTRICTS HAVING A DIRECTOR DISTRICT PLAN OF REPRESENTATION OR A COMBINED DIRECTOR DISTRICT AND AT-LARGE PLAN OF REPRESENTATION WHERE SOME OR ALL OF THE MEMBERS OF THE BOARD OF EDUCATION ARE VOTED ON BY THE ELIGIBLE ELECTORS OF A DIRECTOR DISTRICT: (a) AT LEAST ONE MEMBER OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT SHALL BE ELECTED FROM EACH OF THE DIRECTOR DISTRICTS. (b) DIRECTOR DISTRICTS SHALL BE CONTIGUOUS, COMPACT, AND COMPOSED OF WHOLE PRECINCTS AS ESTABLISHED, PURSUANT TO SECTION 1-5-101, C.R.S., BY THE CLERK OF THE COUNTY IN WHICH THE PRECINCT IS LOCATED. (c) DIRECTOR DISTRICTS SHALL BEAS NEARLY EQUAL IN POPULATION AS POSSIBLE, BASEDUPONTHEMOSTRECENTFEDERAL CENSUS OF THE UNITED STATES, MINUS THE NUMBER OF PERSONS SERVING A SENTENCE OF DETENTION OR CONFINEMENT IN ANY CORRECTIONAL FACILITY LOCATED IN A DIRECTOR DISTRICT, AS INDICATED IN THE STATISTICAL REPORT OF THE DEPARTMENT OF CORRECTIONS FOR THE MOST RECENT FISCAL YEAR. (d) DIRECTOR DISTRICTS SHALL BE NOT LESS THAN FIVE NOR MORE THAN SEVEN IN NUMBER. SECTION 3. 22-31-110 ( I) (b), Colorado Revised Statutes, is amended to read: 22-31-110. Changes in director districts. (I) (b) (I) The provisions of this section shall not apply to any school district coterminous with a city and county. The director districts for any such school district shall be established as provided in section 22-31-131. (JI) NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SECTION, FOR SCHOOL DISTRICTS IN WHICH MEMBERS OF THE BOARD OF EDUCATION ARE VOTED ON BY ELIGIBLE ELECTORS OF A DIRECTOR DISTRICT, NOT LATER THAN MARCH I OF THE YEAR FOLLOWING THE YEAR IN WHICH THE ELECTION IS CONDUCTED PURSUANT TO SECTION 22-31-105 (6.5), NOT LATER THAN MARCH I, 2012, AND NOT LATER THAN MARCH I EVERY TENTH YEAR THEREAFTER,THE BOARDOFEDUCATIONOFEACH SUCH Ch. 175 Education -Pub lie Schools 537 SCHOOL DISTRICT SHALL DETERMINE THE POPULATION IN EACH OF THE DIRECTOR DISTRICTS AND, IF EACH DIRECTOR DISTRICT DOES NOT CONTAIN SUBSTANTIALLY THE SAME NUMBER OF PERSONS AS EACH OF THE OTHER DIRECTOR DISTRICTS, IT SHALL BE THE DUTY OF THE BOARD, BY RESOLUTION, TO REVISE THE DIRECTOR DISTRICT BOUNDARIES AND REDESIGNATE THE DIRECTOR DISTRICTS TO COMPLY WITH THE SPECIFICATIONS PRESCRIBED IN SECTION 22-31-109 (2) WITHOUT CHANGING THE NUMBER OF DIRECTOR DISTRICTS. SECTION 4. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section I (3) of the state constitution (August 4, 2004, if adjournment sine die is on May 5, 2004); except that, ifa referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. Approved: April 21, 2004 RESOLUTIONNO. 04-:J..l, A RESOLUTION INITIATING THE DEVELOPMENT OF A SISTER CITY RELATIONSHIP WITH SA YULIT A, MEXICO WHEREAS, the Board of Trustees of the Town of Firestone believes that the Town, having extensive quality of life amenities, numerous hallmark community activities and abundant recreational facilities including over thirty five parks, twelve miles of recreational trails and proximity to nationally renowned recreational areas, has much to offer another community in any exchange resulting from a Sister City relationship; and WHEREAS, the Board of Trustees recognizes that Sayulita, Mexico is a unique community surrounded by admirable natural resources including beaches and jungle environments and that Sayulita, a former cattle hacienda and fishing village, has valuable artistic, educational, cultural and other opportunities to share with the Town of Firestone; and WHEREAS, the Board of Trustees desires to initiate the development of a Sister City relationship with Sayulita, Mexico so that both communities, in the spirit of goodwill and friendship, may agree to collaborate for the mutually beneficial exchange of educational, economic and cultural opportunities. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1 The Town will pursue the development and implementation of a Sister Cities relationship with Sayulita, Mexico pursuant to the general guidelines established by Sister Cities International®. The Town will therefore obtain the information and contacts necessary to initiate the creation of a Sister City relationshlp and engage in building rapport between the two communities. ~ INTRODUCED, READ, and ADOPTED this lQ_ day of Ju r\L. Michael P. Simone Mayor ,2004. Clerk 05/27/04 ll:S9AM{o:ll] Y:\F'~.res.doe RESOLUTION NO. 0~ -:). 7 A RESOLUTION APPROVING AN AMENDED PRELIMINARY PLAT, AMENDED PRELIMINARY DEVELOPMENT PLAN, FINAL DEVELOPMENT PLAN, AND FINAL PLAT FOR NEIGHBORS POINT, FILINGS 1-7 WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an amended Preliminary Plat, amended Preliminary Development Plan, Final Development Plan ("FOP"), and Final Plat for Neighbors Point, Filings 1-7; and WHEREAS, all materials related to the proposed amended Preliminary Plat, amended Preliminary Development Plan, FOP and Final Plat have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed amended Preliminary Plat, amended Preliminary Development Plan, FOP and Final Plat and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed amended Preliminary Plat, amended Preliminary Development Plan, FOP and Final Plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed amended Preliminary Plat, amended Preliminary Development Plan, FOP and Final Plat for Neighbors Point, Filings 1-7, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Board of Trustees hereby approves the proposed amended Preliminary Plat, amended Preliminary Development Plan, Final Development Plan and Final Plat for Neighbors Point, Filings 1-7, subject to the conditions set forth on Exhibit A, attached hereto and· incorporated herein by reference. PASSED AND ADOPTED this I l'.)Jk day of JU ru.,. Michael P. Simone Mayor 2 EXHIBIT A Preliminary Plat Amendment, Preliminary Development Plan Amendment, Final Development Plan and Final Plat Conditions of Approval Neighbors Point, Filings 1-7 Final Plats General 1. Adjust lot lines to assure that no more than one cul-de-sac lot is less than 35 feet wide at the right-of-way line and no more than 9 are 36 feet wide. filing I 2. Note the use for Tract Das Open Space or School and remove the note identified by"**". 3. Create new tract(s) for the oil/gas well areas, which tracts shall be owned by the subdivider or its successor. The location such tracts shall be as determined by the Town Engineer. Modify acreages accordingly. The tracts shall be dedicated to the Town at the time the wells are plugged and abandoned. 4. Note that Tracts Q and Rare dedicated to the Town. Preliminary Development Plan 5. Create one PDP that addresses all the previous PDP approvals, amendments and comments, and the noted FOP comments in pertinent part. Final Development Plan General 6. Prepare seven individual FDPs, each of which has the exact same boundary as the related final plat filing. Only specify information relevant to each filing and add a water dedication requirements section for each FOP. 7. Incorporate all pertinent comments made on the Final Plats into the FDPs. 8. Add a note that on comer lots (e.g. Lot 115, 333, etc.) note that it "fronts" the local street where the width is the narrowest. 9. Remove references (both text and map) to Filing 8 as such statements are not a part of these applications. I 0. Prepare a fence plan sheet that contains all fence text and plans. 11. The three-rail fence along the open space/park tract shall be installed by the developer and shall include wire mesh of a type approved by the Town Planner. Such fencing shall be installed prior to issuance of a CO for the adjoining lot. 12. Revise the fencing plan notes to state that solid privacy fences shall be five feet in height. 13. Modify the FDP park plan and landscape plan based on the supplemental information provided. Sheet 2 14. In the Parks, Trails and Open Space section, specifically reference that the developer will install the improvements shown. Prior to construction, all park improvements shall be approved by the Town Planner and Engineer, in writing. Sheet 3 15. In the J ltilities section, specifically reference the Traffic Study and the noted letter from the engineer regarding the street classification status for the development. 16. Jn the Architecture ~ection, further identify "4-sided" architecture for prominent comer lots or lots on opens space areas. Also, remove the word "generally" before the 1-5 numbered section. 17. Jn the Fencing section, remove the reference to "other acceptable material" and reference specific details. Also, note that all fencing shall be of an "off-white color" and final fencing material shall be reviewed and approved by the Town Planner in writing. 18. Jn the Setbacks section, remove note 2 as this standard is too labor intensive for the Town to administer. Therefore, set a 7-foot minimum except for noted "tight" lots that can be identified in the FDP, as approved in writing by the Town Planner. Also, state that all garages shall have a minimum front setback of 20-feet and the same side setback of the home. 19. Jn the Development Schedule section (and in other sections as necessary), remove the references to recording of filings "out-of-sequence" and state that Filing I shall be recorded and developed first. Subsequent development shall occur in sequence from Filing 2 through Filing 7, unless other sequencing is permitted by the subdivision agreement(s). Site Piao {Sheets S 12) 4 20. Show mailbox kiosk locations. Landscape Piao and Details 21. Parking for the park dedication tract (Tract C) shall be identified on the plans. Approximate location and nwnber of cars that could be served should be noted. 22. Provide a typical lot landscaping detail and assure that such detail is consistent with the landscaping provisions of the Town Code. Final Utility Plans and Technical Reports 23. Modify plans pursuant to comments from the Town Engineer. Subdivider's Agreements 24. Execute a subdivider's agreement for each filing as prepared by the Town Attorney. Additional Conditions 25. Provide a street connection to the north on Cottonwood in a location approved by the Town Engineer. 26. Optimize the location of street lights to reduce light drift off the development and into homes in the development; pursuant to direction from the Town Engineer and Town Planner. 27. Note that fire protection and ambulance service shall be provided by Frederick-Firestone Fire Protection District; applicant shall file necessary inclusion and exclusion docwnents. 28. Increase minimwn square footage of homes to 1,800 square feet for lots over 9,000 SF and I ,200 SF for lots that are 9,000 or less. 29. Modify all docwnents pursuant to comments from the Town Attorney and Town Engineer and fix all typos. 30. Consistent with the Stoneridge FDP, there shall be 25% rock, brick or stone on the front elevation of all homes that are not required to have four-sided architecture. 6/14/04 11:SS AM (lljl) F:\Company\F"uestoPe\.5ubdivisions\NoghborsPoint.flnalsTB.res.doe .'i RESOLUTION NO. c,J.l-dl? A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR THE OVERLOOK AT FIRESTONE, FILING N0.3 WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for the Overlook at Firestone, Filing No. 3; and · WHEREAS, all materials related to the proposed preliminary subdivision plat and preliminary development plan have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed preliminary subdivision plat and preliminary development plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat and preliminary development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat and preliminary development plan for the Overlook at Firestone, Filing No. 3 should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Board of Trustees hereby approves the proposed Preliminary Subdivision Plat and Preliminary Development Plan for the Overlook at Firestone, Filing No. 3, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this I O.JII day of iJ' u 1U1.. , 2004. Mayor ' 2 EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Overlook at Firestone, Filing No. 3 Preliminary Plat I. Note Jot curve lengths for the lots on the plat sheet, in addition to the information provided in the table. 2. Modify the plat pursuant to comments from the Town Engineer and Town Attorney. Preliminary Development Plan 3. In the Irrigation section, remove the last sentence. 4. Identify all fencing as tan vinyl. Include developer-installed wire mesh on split-rail fencing, of a type approved by the Town Planner. 5. Include the Town's typical fence taper detail. 6. At the time of FOP, confirm with the Town Engineer whether any updates are required for the subsidence study and provide information regarding any footprint restrictions. 7. Clarify mail service at the time ofFDP. 6114/04 11 :S7 AM [lljl) F:\Company\F1JCS1onc\&Jbdivisions\OverlookYtlmg3.PDP.TB.res,doc RESOLUTION NO. 04-:2G/ A RESOLUTION REGARDING PLAN AMENDMENTS TO THE FIRE AND POLICE PENSION ASSOCIATION STATEWIDE DEFINED BENEFIT PLAN WHEREAS, pursuant to the authority granted in Section 31-31-408, C.R.S., the Board of Directors of the Fire and Police Pension Association has proposed certain amendments to the pension benefits set forth in Part 4, Article 31, Title 31, Colorado Revised Statutes and as those benefits have been previously amended, with respect to members of the Statewide Defined Benefit Plan, said proposed plan amendments including three separate amen.dments to the Statewide Defined Benefit Plan; and Whereas, the proposed plan amendments are set forth in the FPPA's Resolution 2004-4, adopted by the FPPA Board of Directors on March 24, 2004, and Whereas, the FPPA Board of Directors, as determined in its Resolution 2004-5, adopted on March 24, 2004, has certified that the proposed plan amendments will maintain or enhance the actuarial soundness of the plan, do not require an increase in the employer and member contribution rates, do not adversely affect the Plan's status as a qualified plan, do not adversely affect the pension benefits of retired members, and do not reduce the Plan's normal retirement age below what is permitted by law; and Whereas, the Board of Trustees of the Town of Firestone has reviewed said proposed plan amendments set forth in the FPPA Resolution 2004-4; and Whereas, the Board of Trustees finds that it is in the best interest of the Town and the employees thereof to register its proposed said plan amendments. Now, therefore, be it resolved, that the Board of Trustees hereby casts a vote for each of the three plan amendments proposed by the FPPA Board of Directors in Resolution 2004-4 as follows: Amendment 1 Amendment2 Amendment 3 Self-direction of SRA DROP Payment Option Purchase of Monthly Benefits V Yes ✓ Yes V Yes ___ No No --- ___ No The Board further directs its administrative staff to deliver a copy of this resolution to the Fire and Police Pension Association for inclusion in its plan amendment election tally. ADOPTED by the Board of Trustees this ID~ day of, 2004. TOWN OF FIRES M~Simone Mayor E,COLORADO RESOLUTION NO. Q '-I-30 A RESOLUTION AGREEING TO PROVIDE FIRE PROTECTION SERVICES TO REAL PROPERTY LOCATED WITHIN THE MOUNTAIN VIEW FIRE PROTECTION DISTRICT THAT HAS BEEN OR WILL BE ANNEXED TO THE TOWN OF FIRESTONE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Town of Firestone agrees to provide fire prevention, fire suppression, rescue, hazardous materials and emergency medical services (collectively, "Fire Service"), directly or through an Intergovernmental Agreement with the Frederick-Firestone Fire Protection District or another Fire Services provider, to all real property that is located within the jurisdiction of the Mountain View Fire Protection District and that has been or will be annexed to the Town of Firestone, immediately on or after the effective date of any order(s) excluding the property from Mountain View Fire Protection District's jurisdiction. Section 2. This resolution is effective upon its approval by the Board of Trustees. INTRODUCED, READ, and ADOPTED this 10.Jfl day of Ju 11.JL ,2004. TOWN OF FIRESTONE, COLORADO APPROVED AS TO FORM: ~s:JJ~ Light, Harrington & Dawes, P.C. Town Attorney MJ J,____ Michael P. Simone Mayor 6114/04 4:3 I PM[JjlJF:\Office\f'treSlonc\Resolution\FFFPO-F'treSlonc Resolution to Provide F"irc Services r jhegwood@ci.firestone.co.us From: To: Cc: Sent: Attach: Subject: "Sam Light'' <SLight@lhdlaw.com> <jhegwood@ci.firestone.co.us> "Cheri Andersen" <candersen@ci.firestone.co.us> Tuesday, June 08, 2004 4:28 PM · FFFPD -Firestone Resolution to Provide Fire Services.doc FW: Proposed Town Resolution Page I of2 Attached is the draft resolution and below is an e-mail from Mr. Ross explaining the need for this resolution. Please include the resolution and this e-mail in the Board packet. Thanks. Sam -----Original Message----- F rom: dross@irelandstaJ;1leton.com [ mai Ito :dross@irelandstapleton.com] Sent: Tuesday, June 08, 2004 3:51 PM To: Sam Light Subject: Proposed Town Resolution Dear Sam, In accordance with our telephone conference yesterday, attached please find the proposed Resolution by the Town of Firestone agreeing to provide fire services to the property within the Mountain View Fire Protection District that has been annexed, or in the future may be annexed, to the Town. As we discussed, in order for the Town to exercise its right t9 exclude the property from Mountain View FPD's jurisdiction, the Town, by statute, must adopt a resolution agreeing " ... to provide the service provided by [Mountain View] to the area described in the petition on or after the effective date of the order." C.R.S. 32-l-502(2)(a). The language we have used in the proposed Resolution is identical to the language contained in the proposed Intergovernmental Agreement that has been submitted to Mountain View FPO for consideration. Please do not hesitate to call me if you have any questions. Thank you, Dino <<#312103 vi -Firestone Resolution to Provide Fire Services.doc>> > Dino A. Ross, Esq. > Ireland, Stapleton, Pryor and Pascoe, P.C. > 1675 Broadway, Suite 2600 > Denver, Colorado 80202 > Direct: (303) 628-3686 > Fax: (303) 623-2062 > e-mail: dross@irelandstapleton.com > > This e-mail transmission and all attachments and the contents thereof are > confidential and are only for the use of the intended recipient. The > contents and attachments, if any, may be subject to attorney-client > privilege and/or attorney work product privilege. None of these > privileges are waived by this transmission. If you are not the intended > recipient ( or otherwise believe you have received this transmission in > error), please immediately "reply" by e-mail to the sender, stating that 6/8/2004 > this transmission was misdirected. Please destroy all copies of this > transmission and its attachments (both the electronic as well as any paper > copies made, if any). You may also call us collect at (303) 623-2700 to > advise us of the situation. > Page 2 of2 6/8/2004 RESOLUTION OF THE BOARD OF DIRECTORS OF FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT FOR INCLUSION OF REAL PROPERTY TIIlS MATTER comes before the Board of Directors of the Frederick-Firestone Fire Protection District (the "District") for the inclusion of certain real property within the boundaries and jurisdiction of the District pursuant to §32-1-401, C.R.S. of the Special District Act. WHEREAS, Arm Petroleum, Best Buy Homes Colorado Inc., Brooks Farm LLC, Melody Homes Inc., Isaac Moradi, Quadrant Firestone Partners LLC, Ram Land Co. LLP, Tri-Town Medical Campus, LLC and Grant H. Wallace ( collectively, the ''Petitioners'') are the I 00% fee owners of the real property identified in the Petitions for Inclusion attached as Exhibit A (the ''Property''). WHEREAS, the Property is currently located within the jurisdiction and boundaries of the Mountain View Fire Protection District, and the corporate boundaries of the Town of Firestone. WHEREAS, the Town of Firestone, through its legal counsel, has advised the District that the Town will be filing a Petition with the Weld County District Court to exclude the Property from Mountain View's jurisdiction, and that, pursuant to the October 30, 2003 Intergovernmental Agreement, the Town has requested that the District include the Property immediately upon its exclusion from Mountain View's jurisdiction. WHEREAS, pursuant to §32-1-40 I (1 )(b ), C.R.S., the District duly published notice of a public meeting to be held on May 26, 2004 to consider the Petitions for Inclusion. The Affidavit of Publication is attached as Exhibit B. WHEREAS, on May 26, 2004, the Board of Directors of the Frederick-Firestone Fire Protection District held a public meeting to consider the Petitioners' request that the Property be included within the boundaries of the District. WHEREAS, during the public meeting on May 26, 2004, the Board of Directors of the Frederick-Firestone Fire Protection District received no objection to the Petitioners' request that the Property be included within the boundaries of the Frederick-Firestone Fire Protection District · immediately upon exclusion from Mountain View. WHEREAS, the Board of Directors has determined that it is in the best interests of the District, the District's constituents, the Property and the Petitioners, and consistent with the District's obligations under the October 30, 2003 Intergovernmental Agreement, that the Property be included into the District. NOW THEREFORE, pursuant to §32-1-401, C.R.S., the Board of Directors of the Frederick-Firestone Fire Protection District hereby approves the inclusion of the Property identified \MANGI\MISC\6_N701 !.DOC 10157.7002 #31187S vi in Exhibit A within the boundaries and jurisdiction of the Frederick-Firestone Fire Protection District immediately upon its exclusion from Mountain View Fire Protection District's jurisdiction. ADOPTED this 21 o day of m ,, \ BOARD OF DIRECTORS OF 2004. FREDERIC -FIRESTONE FIRE PROTECTION DISTRICT \MANGI\MISC\6_N7011.DOC !01S7.7002 #311875 vi CERTIF1ED ORDER INCLUSION OF REAL PROPERTY INTO THE FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT TiilS MATIER comes before the Board of Directors of the Frederick-Firestone Fire Protection District (''Frederick-Firestone FPD'') upon the Petitions of Ann Petroleum, Best Buy Homes Colorado Inc., Brooks Farm LLC, Melody Homes Inc., Isaac Moradi, Quadrant Firestone Partners, LLC, Ram Land Co. LLP, Tri-Town Medical Campus, LLC, and Grant H. Wallace (the "Landowners''), the one hundred percent (100%) fee owners of certain real property generally located within the Del Camino Business Park, Neighbors Point, Phillips 66 "Howdy's", Tri- Town Medical Center, High Plains Market Place, Mountain Shadows Filing 2, Firestone Center, Brooks Farm and the Sagebrush subdivision (the "Property''), for the inclusion of the Property into Frederick-Firestone FPD. Frederick-Firestone FPD makes the following Findings and Order: I. FINDINGS 1. Frederick-Firestone FPD is a quasi-municipal corporation and political subdivision of the state of Colorado, fomied pursuant to the Special District Act, §32-1-101, C.R.S., et~-, to provide fire protection, fire suppression, emergency medical, rescue and hazardous materials services (collectively, ''Fire Services"). 2. Mountain View Fire Protection District ("Mountain View'') is a quasi-municipal corporation and political subdivision of the state of Colorado, formed pursuant to the Special District Act, §32-1-101, C.R.S., et~-, and has the power to provide Fire Services pursuant to statutory authority. 3. The Property is currently located within the boundaries and jurisdiction of Mountain View, and the corporate boundaries of the Town of Firestone ("Town"). 4. On October 30, 2003, the Town entered into an Intergovernmental Agreement ("IGA") with Frederick-Firestone FPO. Pursuant to the IGA, Frederick-Firestone FPO is contractually obligated to provide Fire Services to all property within the Town's boundaries. 5. The Town, through its legal counsel has advised Frederick-Firestone FPO that it will be filing a Petition with the Weld County District Court to exclude the Property from Mountain View's jurisdiction, and that, pursuant to the IGA, requests Frederick-Firestone FPO to include the Property immediately upon its exclusion from Mountain View's jurisdiction. 6. The Landowners are the 100% fee owners of the Property. 7. The Landowners submitted Petitions to Frederick-Firestone for inclusion of the Property into the District. 8. Pursuant to §32-l-401(l)(b), C.R.S., the District published notice of a .public meeting to be held on May 26, 2004 to consider the Petitions for inclusion of the Property. 9. On May 26, 2004, the Board of Directors of Frederick-Firestone .FPD held a public meeting to consider the Landowners' request that the Property be included within the boundaries of Frederick-Firestone FPO, immediately upon its exclusion from Mountain View. \MANGJ\MISC\6_QT011.DOC 101S7.7002 #312005 vi During the public meeting, the Board of Directors of Frederick-Firestone FPD received no objection to the Landowners' request that the Property be included within the boundaries of Frederick-Firestone FPD. I 0. The Board determined that it is in the best interests of the citizens within its jurisdiction, the Property and the Landowners, and is consistent with Frederick-Firestone FPD's obligation under the IGA, to include the Property within Frederick-Firestone FPD's jurisdiction immediately upon its exclusion from Mountain View's jurisdiction. 11. Having received no objections to the proposed inclusion during the public meeting, and after considering the proposed inclusion, on May 26, 2004, the Board of Directors passed a Resolution approving the Landowners' Petitions for Inclusion of Property. A copy of the Resolution is attached as Exhibit A. 12. The District has complied with all statutory notice and hearing requirements set forth in §32-1-401, C.RS. II. ORDER OF INCLUSION Pursuant the §32-1-401, C.R.S., et fill!l., Frederick-Firestone FPD hereby Orders the inclusion of the property specifically identified in the Resolution and Exhibits attached as Exhibit A, upon its exclusion from Mountain View, on the following conditions: 1. Pursuant to §32-l-402(l)(b), C.RS., after the date of the inclusion into Frederick- Firestone FPD, the included Property shall be subject to all of the taxes and charges imposed by Frederick-Firestone FPD and shall be liable for its proportionate share of Frederick-Firestone FPD's existing bonded indebtedness; however, tht: Property shall not be liable for any taxes or charges levied or assessed. prior to its inclusion into Frederick-Firestone FPD, nor shall its entry into Frederick-Firestone FPD be made subject to or contingent upon the payment or assumption of apy tax, rate; fee, toll or charge which is not uniformly made, assessed or levied for the entire Frederick- Firestone FPD without the prior consent of the Landowner or approval of the electors of the Property; and, 2. The included Property shall be liable for its proportionate share of annual operation and maintenance charges and the cost of facilities of Frederick-Firestone FPD, and taxes, rates, fees, tolls or charges shall be certified and levied and assessed therefore. DATED this 2. la dayofMay2004. OF TONE FIRE PROTECTION D \MANGI\MJSC\6_QTOI I.DOC 10157.7002 #312005 vi RESOLUTION NO. olJ-3 I A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, :e DO, KNOWN AS THE MOUNTAIN VIEW ANNEXATION TO THE F FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. AS, ape · n for exation of certain property to be known as the Mountain View Annexation to the T · ofFiresto e has been filed with the Town Clerk of the Town of Firestone, Colorado, and re ed t --.~-d of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the subject property for ann tees wishes to permit simultaneous consideration of the zoning, if requested in the petition; and WHEREAS, the Board of~ ..... <::.' has reviewed the petition and desires to adopt by on. Resolution its findings in regard NOW, THEREFORE, BE IT SOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: . Section 1. The petition, the legal scription for which is attached hereto as Exhibit A and incorporated herein by reference, is i substantial compliance with the applicable laws of the State of Colorado. Section 2. Section 3. in the petition. No election is required except any provided for Section 4. The Board of Trustees will ho public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant A venue, Firestone, Colorado 80520, on Thursday, July 22, 2004, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property ifrequested in the petition. INTRODUCED, READ, and ADOPTED this I O,u.. day of J IA. ru... , 2004. Mayor 6/10/04 6:45 PM{5jl)\\2~11'CStonc\AnneJl\mOUNTAINvlEWSubstantWComp.res 2 EXHIBIT A LEGAL DESCRIPTION MOUNTAIN VIEW ANNEXATION A PARCEL OF LAND BEING PART OF LOT A, RECORDED EXEMPTION 1313-12-1-RE1340 AS RECORDED APRIL 17, 1991 AS RECEPTION NO. 02247323, WELD COUNTY, COLORADO RECORDS, SITUATE IN THE NE 1/4 OF SECTION 12, T.2N., R.68W., OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID NE 1/4; THENCE S00°00'00"W, ALONG THE EAST LINE OF SAID NE 1/4, A DISTANCE OF 47.66 FEET; THENCE S89"29'16"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00"00'00"W, ALONG THE EAST LINE OF SAID LOT A, PARALLEL TO AND 30.00 FEET DISTANT FROM, AS MEASURED AT RIGHT ANGLES TO SAID EAST LINE OF SAID NE 1/4, A DISTANCE OF 252.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE S89°46'48"W, ALONG THE SOUTH LINE OF SAID LOT A, A DISTANCE OF 648.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT A; THENCE N00"00'00"E, ALONG THE WEST LINE OF SAID LOT A, A DISTANCE OF 250.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 24 AS DESCRIBED IN RECEPTION NO. 3001396, SAID WELD COUNTY, COLORADO RECORDS; THENCE N89°46'48"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 219.24 FEET; THENCE N89°29'16"E, CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 428.78 FEET TO THE EAST LINE OF SAID LOT A AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 162,468 SQUARE FEET (3.7298ACRES) MORE OR LESS. 3 RESOLUTION NO. 04-32 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR THE KING SOOPERS FUELING FACILITY ON LOT 1, HIGH PLAINS MARKETPLACE WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for the King Soopers Fueling Facility; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and ·Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees of the Town of Firestone does hereby approve the final development plan for the King Soopers Fueling Facility on Lot 1, High Plains Marketplace subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 8th day of July, 2004. ... . .. ·',-ovm ····• ... ~t Dennis Bertron Mayor Pro-tern EXHIBIT A Final Development Plan Conditions of Approval King Soopers Fueling Facility I. Modify FOP and other documents consistent with prior comments of and final technical redlines to be provided by Town Engineer. 2. Water dedication requirements shall be met m accordance with the High Plains Marketplace subdivision agreement. 3. Revise landscape plan as necessary to ensure a 3-foot maximum -landscape height on the west frontage. 7/9/04 2:46PM (sjlJF:ICompany\F"~FDP.TB.rt.1.doc 2 • RESOLUTION NO. 04-33 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE MOUNTAIN VIEW RETAIL CENTER ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Mountain View Retail Center Annexation to the Town of Firestone has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. Section 3. in the petition. No election is required under§ 31-12-107(2), C.R.S. No additional terms and conditions are to be imposed except any provided for Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S.,. and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant A venue, Firestone, Colorado 80520, on Thursday, August 19, 2004, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, 1 and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property ifrequested in the petition. Section 8. Resolution 04-31 is hereby repealed. INTRODUCED, READ, and ADOPTED this 8th day of July, 2004. 7/9/04 2:Sl PM [sjl]\\2kscrvcrlrompany\Fll'CStonc\AnncxlmOUNTAlNvJEWSubswrtialComp.rcs2 2 Dennis Bertron Mayor Pro-tern EXHIBIT A LEGAL DESCRIPTION MOUNTAIN VIEW ANNEXATION A PARCEL OF LAND BEING PART OF LOT A, RECORDED EXEMPTION 1313-12-1-RE1340 AS RECORDED APRIL 17, 1991 AS RECEPTION NO. 02247323, WELD COUNTY, COLORADO RECORDS, SITUATE IN THE NE 1/4 OF SECTION 12, T.2N., R.68W., OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID NE 1/4; THENCE S00"00'00"W, ALONG THE EAST LINE OF SAID NE 1/4, A DISTANCE OF 47.66 FEET; THENCE S89°29'16"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00"00'00"W, ALONG THE EAST LINE OF SAID LOT A, PARALLEL TO AND 30.00 FEET DISTANT FROM, AS MEASURED AT RIGHT ANGLES TO SAID EAST LINE OF SAID NE 1/4, A DISTANCE OF 252.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE S89°46'48"W, ALONG THE SOUTH LINE OF SAID LOT A, A DISTANCE OF 648.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT A; THENCE N00"00'00"E, ALONG THE WEST LINE OF SAID LOT A, A DISTANCE OF 250.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 24 AS DESCRIBED IN RECEPTION NO. 3001396, SAID WELD COUNTY, COLORADO RECORDS; THENCE N89°46'48"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 219.24 FEET; THENCE N89°29'16"E, CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 428.78 FEET TO THE EAST LINE OF SAID LOT A AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 162,468 SQUARE FEET (3.7298ACRES) MORE OR LESS. 3 RESOLUTION NO. m3~ A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND THE STONERIDGE METROPOLITAN DISTRICT. WHEREAS, the Town on April 1, 2004, adopted a resolution approving a service plan for the proposed Stoneridge Metropolitan District and amendmen~ to that service plan were approved by the Town on April 22, 2004 (the "Service Plan"); and WHEREAS, the Service Plan requires that the District enter into an intergovernmental agreement with the Town; and WHEREAS, the District has executed and forwarded to the Town an intergovernmental agreement that complies with the Service Plan, and the Town desires to approve the agreement and authorize its execution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Intergovernmental Agreement by and between the Town of Firestone and Stoneridge Metropolitan District is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, and is further authorized to 'negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Amendment are not altered. INTRODUCED, READ, and ADOPTED this~ day of Au.O'IA s.+ , 2004. .. . .. 0 TOWN ··, •• \ SEAL . : ··-...... . ... •···· 7/16/04 11 :09 AM(cdl]F:\Officc\f'U'eStonc\MctroDistricu\.5lOneridgc\DistrictlGARcsolution ,.; O;p_ ONE, COW RADO Michael P. Simone Mayor Town of Firestone Post Office Box I 00 Firestone, Colorado 80520 June 18, 2004 RE: Stoneridge Metropolitan District Ladies and Gentlemen: RECEIVED JUN 2 5 2004 LIGHT, HARRINGTON & DAWES, P.C. This Indemnity Letter (the "Indemnity Letter") is delivered by the Stoneridge Metropolitan District (the "District") in order to comply with the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the District. In consideration of the Town's approval of the Service Plan, the District, for and on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the Town as follows: I. The District hereby waives and releases any present or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents or contractors in any manner related to or connected with the Service Plan or any action or omission with respect thereto. To the fullest extent permitted by law, the District hereby agrees to indemnify and hold harmless the Town and the Town's elected and appointed officers, employees, agents and contractors, from and against any and all liabilities resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any third party, including attorneys' fees and expenses and court costs, which directly or indirectly or purportedly arise out of or are in any manner related to or connected with ·any of the following: (a) the Service Plan or any document or instrument contained or referred to therein; or (b) the formation of the District or any actions or omissions of the District, the Town, Best Buy Homes Colorado, Inc., a Colorado corporation ("Best Buy"), or any other person or entity in connection with the District, including, without limitation, any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. The District further agrees to investigate, handle, respond to and to provide defense for and defend against, or at the Town's option to pay the attorneys' fees and expenses for counsel of the Town's choice for, any such liabilities, claims, demands, suits, actions or other proceedings. It is understood and agreed that neither the District nor the Town waives or intends to waive the monetary limits (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act,,§§ 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the J:pwn, the District, its officers, or its employees:' 2. The District hereby consents to the Town Disclaimer Statement contained in Exhibit M to the Service Plan; agrees that the District will include such Town Disclaimer Statement or any modified or substitute Town Disclaimer Statement hereafter furnished by the Town to the District in all offering materials used in connection with any bonds or other financial obligations of the District ( or, if no offering materials are used, the Town Disclaimer Statement will be given by the District to any prospective purchaser of any bonds or other financial obligations of the District); and waives and releases the Town from any claims the District might have based on or relating to the use of or any statements made or to be made in such Town Disclaimer Statement (including any modifications thereto). 3. It is understood and agreed, and the District hereby expressly acknowledges, that the Town, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity Letter. 4. This Indemnity Letter has been duly authorized and executed on behalf of the District. Very truly yours, STONERIDGE METRO POLIT AN DISTRICT RESOLUTION NO. Q!±-3S A RESOLUTION APPROVING AGREEMENTS WITH TST, INC. CONSULTING ENGINEERS FOR CONSTRUCTION MANAGEMENT AND CONSTRUCTION STAKING SERVICES FOR THE COLORADO BOULEY ARD IMPROVEMENTS PROJECT WHEREAS, the Town of Firestone intends to undertake construction widening from Colorado Boulevard from its intersection with Firestone Boulevard south through the intersection of Colorado Boulevard and Pine Cone A venue; and I WHEREAS, agreements have been proposed between the Town and TST Inc. Consulting Engineers for construction management and construction staking services related to such project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sertioo ] The proposed Agreement for Professional Engineering Services between the Town and TST, Inc. Consulting Engineers for construction management services for the Colorado Boulevard Improvements project (Project Nos. 0668.0122.01) is hereby approved in essentially the same form as the copies of such Agreement accompanying this resolution. Sertioo 2 The proposed Agreement for Professional Engineering Services between the Town and TST, Inc. Consulting Engineers for construction staking services for the Colorado Boulevard Improvements project (Project Nos. 0668.0122.02) is hereby approved in essentially the same form as the copies of such Agreement accompanying this resolution. Section 3 The Mayor is hereby authorized to execute the Agreements, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreements as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreements are not altered. ATTEST: ~ti,®Jwaaj) 1 Hegw Michael P. Simone Mayor _.. •• .-··10WN SEAL .. .. ·•.... . .. •· Town Clerk 7/19i044:J9PM[cdJ}F:IDFFlC:£\F'~ 2 AGREEMENT for PROFESSIONAL ENGINEERING SERVICES for THE TOWN OF FIRESTONE COLORADO BOULEVARD IMPROVEMENTS CONSTRUCTION STAKING Firestone, Colorado Project No. 0668.0122.02 This is an AGREEMENT made between THE TOWN OF FIRESTONE, a Colorado statutory Town (TOWN) and TST, INC. CONSUL TING ENGINEERS, a Colorado Corporation (ENGINEER). Whereas, the TOWN desires to have certain engineering services perfonned by ENGINEER relative to the construction staking of Colorado Boulevard Improvements in the Town of Firestone, Weld County, Colorado. Whereas, the ENGINEER is duly accredited and this AGREEMENT provides for said professional engineering services. Therefore, TOWN and ENGINEER, in consideration of their mutual covenants herein, agree in respect of the performance of professional engineering services provided by ENGINEER and the payment for those services by TOWN as set"forth in Section_s 1 through 4 below. SECTION 1 -Basic Services For the purposes of this AGREEMENT, the Basic Services shall include professional civil engineering and construction surveying services, as further described herein, relative to the Colorado Boulevard Improvements construction project (the "Project"). Specific tasks to be perfonned shall be: 1 1.1 Construction Staking and Surveying The ENGINEER will provide construction staking in accordance with Section 01400 -Quality Control of the project manual for the Colorado Boulevard Improvements project. This effort shall include: 1.1.1 Slope Stakes: Slope stakes will be provided at every 50' cross-section along the alignment. A story stake will be placed on the offset point and labeled with the station and the cut/fill to finished grade at all grade breaks. (Approximately 300 points). 1.1.2 Overlay: The overlay portion of this project (Station 40+00 to 82+50) is to be marked at 50' intervals at centerline and both edges of road. (Approximately 255 points). 1.1.3 Channel/Ditch Offset Grade Stakes: Offset grade stakes will be provided every 50' to define proposed roadside ditches and drainage channels. Lath will be placed at the top of slope (both sides for the larger channels) with an offset to the toe of the slope and the cut/fill to the toe finish grade. (Approximately 100 points). 1.1.4 Culvert/Stenn Sewer Offset Grade Stakes: Offset grade staking will be provided for all culverts and stonn sewers. The location and frequency will be negotiated between the Contractor and Engineer to accommodate the working conditions. (Approximately 40 points). 1.1.5 Blue Tops: The roadway subgrade will be blue topped to define both edges of asphalt and the crown. Blue tops will be provided every 50' through vertical tangents and every 25' through vertical curves. (Approximately 400 points). 1.1.6 ROW Stakes: Prior to construction, the Right-of-Way is to be staked so that the various utility companies can locate and move their lines as necessary in relation to the ultimate Right-of-Way. 1.1.7 As-Built: T.he ENGINEER shall record as-built elevations-of the final lift of asphalt at centerline and both edges of road at 50' intervals. 1.1.8 Striping: The signing and striping plan is to be staked as necessary to define critical design features. 1.2 Stakeout The ENGINEER shall prepare all of the construction stakeouts necessary to accomplish the surveying described in 1.1 above. ENGINEER shall render its services in accordance with generally accepted standards and practices as such standards and practices are nonnally exercised in the perfonnance of professional standards of a similar nature in the Denver metropolitan area. 2 SECTION 2 -Additional Services Services not contemplated in Section 1 may be required of ENGINEER by the TOWN. If such work is to be performed a change order to the AGREEMENTwill be prepared and presented to the TOWN prior to initiation of said work. Descriptions of additional services, compensation, and period-of-services adjustments will be presented in the change order, prior to starting any additional services. Specific services not included in this AGREEMENT include, but are not limited to: 2.1 Negotiation of property or easement acquisition. 2.2 . Coordination or scheduling of neighborhood or other public meetings. 2.3 Construction management. SECTION 3 -Period of Service; Service Nonexclusive The Period of Service for this work shall commence upon the signing of this contract by the TOWN and shall end at the completion of all Basic Services. Work shall progress in a timely manner to support the schedule established by the TOWN and the ENGINEER. SECTION 4 -Compensation 4.1 Methods of Payment for Services and Expenses of Engineer 4.1.1 Services provided under Section 1 -Basic Services, will be based on hourly rates plus expenses according to the ENGINEER's then current Schedule of Fees (Exhibit A), estimated not to exceed $35,000. 4.1.2 Services authorized and provided under Section 2 -Additional. Services, will be based on hourly rates plus expenses according to the ENGINEER'S then current Schedule of Fees (Exhibit A). 4.1.3 The parties may revise the Schedule of Fees set forth on Exhibit A at any time during this Agreement. Any such revised Schedule shall become effective upon approval and execution by the parties, with a copy of such revised Schedule to be attached to this Agreement as a revised Exhibit A. 4.2 Times of Payments The ENGINEER shall submit monthly detailed invoices describing the services rendered under this Agreement. The invoice shall document the hours spent on the project identifying by work category and subcategory the work performed for the month, the hours worked by employee, and the hourly rates charged for that work. The Town shall 3 have access to backup payroll documentation identifying employees, dates and hours worked. Expenses shall be itemized in accordance with Exhibit A. 4.3 Other Provisions Concerning Payments 4.3.1 If TOWN fails to make any payment due ENGINEER for services and expenses within forty five days after receipt of ENGINEER's invoice, the amounts due ENGINEER will be increased at the rate of 1 ½% per month from said forty fifth day, and in addition, ENGINEER may, after giving seven days' written notice to TOWN, suspend services under this AGREEMENT until ENGINEER has been paid in full all amounts due for services, expenses, and charges. ENGINEER shall not be responsible for any loss, claim, cost, damage, expense or delay resulting from such suspension of services. 4.3.2 In the event of termination by TOWN under paragraph 6.1.2 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such tennination by the TOWN during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGINEER's hourly rates based on the current Schedule of Fees for services rendered during that phase to date of tennination by ENGINEER's principals and employees engaged directly in work for the TOWN. In the event of any such termination, ENGINEER also will be reimbursed for the charges of independent professional associates and consultants employed by ENGINEER and authorized by the TOWN to render Basic Services through ENGINEER and for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean Reimbursable Expenses directly attributable to tennination. 4.3.3 It is understood and agreed that the TOWN, and not any landowner subject to a reimbursement agreement with the TOWN, is responsible for all payments under this AGREEMENT. 4.3.4 Payments to ENGINEER shall not be withheld, postponed or made contingent on the construction, completion or success of the Project or upon receipt by TOWN of offsetting reimbursement or credit from other parties who may have caused loss, damage, cost or expense. SECTION 5 • TOWN 's Responsibilities TOWN shall do the following in a timely manner so as not to delay the services of ENGINEER: 5.1 As appropriate, designate responsible representatives to provide direction to the ENGINEER with respect to services provided pursuant to this AGREEMENT. The TOWN Board of Trustees or its delegatee shall transmit instructions, receive infonnation, interpret and define the TOWN 's policies and decisions with respect to ENGINEER's services for the Project. 4 5.2 Provide all criteria and full information as to TOWN's requirements as necessary for performance of ENGINEER's services, including, with respect to TOWN projects, design or project objectives and constraints, space capacity and performance requirements, flexibility and expendability, and any budgetary limitations. 5.3 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project. 5.4 Unless otherwise agreed by the TOWN and ENGINEER, the TOWN shall be responsible for negotiating and acquiring all required properties and/or easements necessary for the Project. 5.5 ENGINEER shall be entitled to rely on all information prepared and provided by the TOWN. SECTION 6 -General Considerations 6.1 Termination 6.1.1 The obligation to provide further services under this AGREEMENT may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Upon receipt of the written notice to terminate the defaulting party shall have thirty days to cure the default to the satisfaction of the terminating party. 6.1.2 Termination for convenience: The TOWN Board of Trustees shall, at its sole option and absolute discretion, have the right to terminate this AGREEMENT and remove ENGINEER from the position of TOWN ENGINEER for any reason whatsoever by providing ENGINEER with a written notice to terminate to be effective upon five (5) days after notifying ENGINEER by registered mail, return receipt requested. ENGINEER hereby waives any rights to a charge in writing or an opportunity to be heard prior to removal. · 6.2 Reuse of Documents All documents, including but not limited to drawings and specifications prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this AGREEMENT, are documents and property of the TOWN. The TOWN acknowledges that documents provided by ENGINEER for specific projects are not intended or represented to be suitable for reuse by TOWN or others on extensions of such projects or on any other projects. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at the TOWN'S sole risk and without liability or legal exposure to ENGINEER or the ENGINEER's independent professional associates or consultants. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by TOWN and ENGINEER. 6.3 Insurance and Indemnification 5 6.3.1 ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. ENGINEER shall also procure and maintain professional liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate for each insurance. ENGINEER shall also procure and maintain comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) each occurrence and FIVE HUNDRED THOUSAND DOLLARS ($500,000) aggregate with respect to each of ENGINEER's owned, hired and/or non- owned vehicles assigned to or used in performance of the Project. Such insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by ENGINEER pursuant to this Agreement. Certificates of insurance evidencing such coverages shall be provided to the TOWN upon request. ENGINEER shall require any third-party consultants providing services through ENGINEER to comply with the insurance provisions hereof, or such other provisions as may be acceptable to the Town. 6.3.2 ENGINEER shall indemnify and hold the TOWN harmless against (1) claims by any employee, agent or third-party consultant of ENGINEER for compensation, fringe benefits of any kind whatsoever (including without limitation, pension rights or payments, insurance of any kind, reimbursement of medical expenses, vacation pay, sick leave or sick pay), or indemnification for tort claim damages or similar claims for damages (e.g. Section 1983 claims); and (2) all liability, claims, demands, and expenses, including court costs and reasonable attorney fees, on account of any claims by any other party for damages to the extent such arise from any negligent, unlawful, or willful and wanton act or omission on the part of any ENGINEER or any ENGINEER employee acting pursuant to this Agreement. ENGINEER shall require any third-party consultants providing services through Engineer to execute an indemnification in favor of the Town with respect to the professional services provided by such third-party consultant, which provisions shall be substantially similar to the provisions hereof, or such other provisions as may be acceptable to the Town. 6.3.3 The ENGINEER or its employees shall not be deemed to assume any liability for intentional or negligent acts of the TOWN or any officer, agent, or employee thereof, and the TOWN, to the extent permitted by law, agrees to indemnify and hold the ENGINEER harmless for any and all claims arising out of such acts. The parties hereto understand and agree that the TOWN is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,§ 24-10-101 et seq., 10 C.R.S., as from time to time amended, or otherwise available to the TOWN, its officers, or its employees. 6 6.4 Limitation of Liability TOWN, in consideration of the fees negotiated hereunder, specifically agrees to limit the liability of ENGINEER and its officers, directors, shareholders, partners, agents and employees for all damages of any kind or nature associated with errors or omissions of the ENGINEER, to the amount of $2,000,000. 6.5 Controlling Law This AGREEMENT is to be governed by the law of the State of Colorado. The parties agree that venue for any action concerning this Agreement shall be in the district courts of Weld County, Colorado. ' 6.6 Successors and Assigns 6.6.1 TOWN and ENGINEER each is hereby bound, and the partners, successors, executors, administrators, assigns, and legal representatives of TOWN and ENGINEER are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. 6.6.2 Neither TOWN nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder, provided such associates and consultants are approved by the Town. 6.6.3 Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than TOWN and ENGINEER, and all duties and responsibilities undertaken pursuant to this AGREEMENTwill be for the sole and exclusive benefit of TOWN and ENGINEER and not for the benefit of any other party. 6.7 Enforcement In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. 7 6.8 Equal Opportunity Employer The ENGINEER will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability or national origin. The ENGINEER will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, disability, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The ENGINEER agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity Laws. 6.9 Independent Contractor 6.9.1 ENGINEER and any persons employed by ENGINEER for the performance of Work hereunder shall be independent contractors and not employees or agents of the TOWN. 6.9.2 ENGINEER shall have the right to employ such assistance as may be required for the performance of Work under this Agreement. Said ENGINEER shall be responsible for the compensation, insurance, and all clerical detail pertaining to such assistants, and shall be solely responsible for providing any training, tools, benefits, materials, and equipment. 6.9.3 THE PARTIES HERETO UNDERSTAND THAT THE ENGINEER AND THE ENGINEER'S EMPLOYEES AND SUBCONTRACTORS ARE NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS UNDER ANY WORKERS' COMPENSATION INSURANCE POLICY OF THE TOWN, AND THAT ENGINEER IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX AND OTHER APPLICABLE TAXES AND OTHER AMOUNTS DUE ON ANY MONEYS PURSUANT TO THIS AGREEMENT. 8 SECTION 7 -EXTENT OF AGREEMENT This AGREEMENT (consisting of pages 1 to 9, inclusive), and the attached Exhibit A, constitute the entire AGREEMENT between TOWN and ENGINEER and supersede all prior written or oral understandings. This AGREEMENT and said Exhibit may only be amended, supplemented, modified, or canceled by duly executed written instrument. In witness whereof, the parties hereto have made and executed this AGREEMENT as of the day and year signed by the TOWN. TOWN OF FIRESTONE (TOWN) ' r} By:~:V-- Michael P. Simone, Mayor Attest: _________ _ Date: ---------- 9 TST, INC. CONSULTING ENGINEERS (ENGINEER) By: ----------- Title: Municipal Division Manager Attest: ---------- By: ----------- Tille: Project Manager Date: _________ _ RESOLUTION NO. Q± 3G, A RESOLUTION APPROVING AN AGREEMENT WITH TST, INC. CONSULTING ENGINEERS FOR PROFESSIONAL ENGINEERING SERVICES FOR 12" WATER LINE ALONG PINE CONE A VENUE WHEREAS, the Town of Firestone intends to undertake the installation ofa 12" water line along Pine Cone Avenue from the Advanced Fonning Technology ("AF[") property to the Firestone Maintenance Facility; and WHEREAS, an Agreement has been proposed between the Town and TST, Inc. Consulting Engineers for certain engineering services related to such project NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J. The proposed Agreement for Professional Engineering Services between the Town and TST, Inc. Consulting Engineers for professional civil engineering design and associated surveying services relative to the design and construction of a twelve inch (12") water line along Pine Cone A venue from the east side of the AFr site to the Firestone Maintenance Facility (Project No. 0668.125.00) is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2 The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this ~ day of Au.J ll s+ , 2004. i0i~wooJJ Hegwo wnClerk TOWN OF FIREST , COLORADO Michael P. Simone Mayor TOWN SEAL .. .: ·. . ·•... . .. -·· AGREEMENT for PROFESSIONAL ENGINEERING SERVICES for 12" WATER LINE ALONG PINE CONE AVE. FROM AFT TO FIRESTONE MAINTENANCE FACILITY Firestone, Colorado Project No. 0668.0125.00 This is an AGREEMENT made between THE TOWN OF FIRESTONE, a Colorado statutory Town (TOWN) and TST, INC. CONSUL TING ENGINEERS, a Colorado Corporation (ENGINEER). Whereas, the TOWN desires to have certain engineering services performed by ENGINEER relative to a 12" Water Line along Pine Cone Ave. from AFT to the Firestone Maintenance Facility in the Town of Firestone, Weld County, Colorado. Whereas, the ENGINEER is duly accredited and this AGREEMENT provides for said professional engineering services. Therefore, TOWN and ENGINEER, in consideration of their mutual covenants herein, agree in respect of the performance of professional engineering services provided by ENGINEER and the payment for those services by TOWN as set forth in Sections 1 through 4 below. SECTION 1 -Basic SeNices For the purposes of this AGREEMENT, the Basic Services shall include professional civil engineering design and associated surveying services, as further described herein, relative to the design and construction of a 12" Water Line along Pine Cone Ave. from the east side of the AFT Site to the Firestone Maintenance Facility (the "Project"). Specific tasks to be performed shall be: 1.1 Base Material The ENGINEER will prepare base mapping of the project area and collect information regarding existing facilities along the route of the work. Existing conditions in the project area will be assessed both on and below the surface. This effort shall include: 1.1.1 Planometrics and topography will be obtained by GPS Surveying and used as the basis of the project mapping and construction plans. Vertical control for the project will be based on the NGS 1929 datum. 1 1.2 1.1.2 It is recognized that in performing its services, including but not limited to the identification, location and evaluation of existing facilities and property ownership rights, ENGINEER will rely on records, documentation and observations, some of which may not be capable of confirmation without expending substantial sums of money and/or destroying or damaging serviceable facilities or structures. Accordingly, ENGINEER shall not be liable for any, loss, damage, cost or expense resulting from actual conditions which differ from the records, documents and observations relied upon by ENGINEER unless and to the extent such loss, damage, cost or expense is directly attributable to ENGINEER'S sole negligence. Design The ENGINEER shall prepare final construction plans for the installation of the 12" Water Line. Specific design elements shall include: 1.2.1 Establishing the water line alignment based on existing conditions and utility conflicts. 1.2.2 Plan and profile design of the proposed improvements at a scale of 1"=50'. 1.2.3 A utility relocation and adjustment plan will be prepared if necessary. 1.2.4 ENGINEER shall render its services in accordance with generally accepted engineering standards and practices as such standards and practices are normally exercised in the performance of professional standards of a similar nature in the Denver metropolitan area. 1.3 Construction Staking For this portion of the project the ENGINEEIR will provide office coordination and construction staking according to the following: 1.3.1 Water lines shall be staked at a ten foot (10') off-set every fifty feet (50'), at all fittings and angle points, and any other points necessary for establishing the line. Cuts will be established at all points to insure proper depth of the line. Fire hydrants and services will be staked with a double ten-foot (10') offset. (Approximately 70 points). SECTION 2 • Additional Services Services not contemplated in Section 1 may be required of ENGINEER by the TOWN. If such work is to be performed a change order to the AGREEMENT will be prepared and presented to the TOWN prior to initiation of said work. Descriptions of additional services, compensation, and period-of-services adjustments will be presented in the change order, prior to starting any additional services. 2 Specific services not included in this AGREEMENT include, but are not limited to: 2.1 Negotiation of property or easement acquisition. 2.2 Coordination or scheduling of neighborhood or other public meetings. 2.3 Any additional staking or surveying not included in section 1.3.1 and desired by the TOWN, which may include but is not limited to the restaking of any of the above outlined points, is not to be considered part of the scope of work. Such additional services shall be provided pursuant to section 2. SECTION 3 • Period of SeNice; SeNice Nonexclusive The Period of Service for this work shall commence upon the signing of this contract by the TOWN and shall end at the completion of all Basic Services. Work shall progress in a timely manner and all of the Basic Services completed by approximately August 31, 2004. SECTION 4 -Compensation 4.1 Methods of Payment for Services and Expenses of Engineer 4.1.1 TOWN shall pay ENGINEER for Basic Services rendered under Section 1 a lump sum fee of $12,000.00. Such amount shall be inclusive of all costs of whatsoever nature associated ~h the ENGINEER's efforts, including but not limited to salaries, benefits, expenses, overhead, administration, profits, and amounts paid to outside consultants, including but not limited to geotechnical, soils, and traffic consultants as part of the Basic Services. 4.1.2 Services authorized and provided under Section 2 -Additional· Services, will be based on hourly rates plus expenses according to the ENGINEER'S then current Schedule of Fees (Exhibit A). 4.2 Times of Payments The ENGINEERshall submit monthly invoices for a portion of the lump sum fee based upon ENGINEER's _estimate of the proportion of the services actually completed at the time of billing. . . 4.3 Other Provisions Concerning Payments 4.3.1 If TOWN fails to make any payment due ENGINEER for services and expenses ~hin forty five days after receipt of ENGINEER's invoice, the amounts due ENGINEER will be increased at the rate of 1 ½% per month from said forty fifth day, and in addition, ENGINEER may, after giving seven days' written notice to TOWN, suspend services under this AGREEMENT until ENGINEER has been paid in full all amounts due for services, expenses, and charges. ENGINEER shall not be responsible for any loss, claim, cost, damage, expense or delay resulting from such suspension of services. 3 4.3.2 In the event of termination by TOWN under paragraph 6.1.2 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by the TOWN during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGINEER's hourly rates based on the current Schedule of Fees for services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly in work for the TOWN. In the event of any such termination, ENGINEER also will be reimbursed for the charges of independent professional associates and consultants employed by ENGINEER and authorized by the TOWN to render Basic Services through ENGINEER and for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean Reimbursable Expenses directly attributable to termination. 4.3.3 It is understood and agreed that the TOWN, and not any landowner subject to a reimbursement agreement with the TOWN, is responsible for all payments under this AGREEMENT. 4.3.4 Payments to ENGINEER shall not be withheld, postponed or made contingent on the construction, completion or success of the Project or upon receipt by TOWN of offsetting reimbursement or credit from other parties who may have caused loss, damage, cost or expense. SECTION 5 • TOWN 's Responsibilities TOWN shall do the following in a timely manner so as not to delay the services of ENGINEER: 5.1 As appropriate, designate responsible representatives to provide direction to the ENGINEER with respect to services provided pursuant to this AGREEMENT. The TOWN Board of Trustees or its delegatee shall transmit instructions, receive information, interpret and define the TOWN 's policies and decisions with respect to ENGINEER's services for the Project. 5.2 Provide all criteria and full information as to TOWN's requirements as necessary for performance of ENGINEER's services, including, with respect to TOWN projects, design or project objectives and constraints, space capacity and performance requirements, flexibility and expendabilily, and any budgetary limitations. 5.3 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project. 5.4 Unless otherwise agreed by the TOWN and ENGINEER, the TOWN shall be responsible for negotiating and acquiring all required properties and/or easements necessary for the Project. 5.5 ENGINEER shall be entitled to rely on all information prepared and provided by the TOWN. 4 SECTION 6 -General Considerations 6.1 Tennination 6.1.1 The obligation to provide further services under this AGREEMENT may be tenninated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the tenns hereof through no fault of the tenninating party. Upon receipt of the written notice to tenninate the defaulting party shall have thirty days to cure the default to the satisfaction of the terminating party. 6.1.2 Tennination for convenience: The TOWN Board of Trustees shall, at its sole option and absolute discretion, have the right to tenninate this AGREEMENT and remove ENGINEER from the position of TOWN ENGINEER for any reason whatsoever by providing ENGINEER with a written notice to tenninate to be effective upon five (5) days after notifying ENGINEER by registered mail, return receipt requested. ENGINEER hereby waives any rights to a charge in writing or an opportunity to be heard prior to removal. 6.2 Reuse of Documents All documents, including but not limited to drawings and specifications prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this AGREEMENT, are documents and property of the TOWN. The TOWN acknowledges that documents provided by ENGINEER for specific projects are not intended or represented to be suitable for reuse by TOWN or others on extensions of such projects or on any other projects. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at the TOWN'S sole risk and without liability or legal exposure to ENGINEER or the ENGINEER's independent professional associates or consultants. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by TOWN and ENGINEER. 6.3 Insurance and Indemnification 6.3.1 ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. ENGINEER shall also procure and maintain professional liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. ENGINEER shall also procure and maintain comprehensive automobile liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) each occurrence and FIVE HUNDRED THOUSAND DOLLARS ($500,000) aggregate with respect to each of ENGINEER's owned, hired and/or non-owned vehicles assigned to or used in perfonnance of the Project. Such insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by ENGINEER pursuant to this Agreement. Certificates of insurance evidencing such coverages shall be provided to the TOWN upon request. 5 ENGINEER shall require any third-party consultants providing services through ENGINEER to comply with the insurance provisions hereof, or such other provisions as may be acceptable to the Town. 6.3.2 ENGINEER shall indemnify and hold the TOWN hannless against (1) claims by any employee, agent or third-party consultant of ENGINEER for compensation, fringe benefits of any kind whatsoever (including without limitation, pension rights or payments, insurance of any kind, reimbursement of medical expenses, vacation pay, sick leave or sick pay), or indemnification for tort claim damages or similar claims for damages (e.g. Section 1983 claims): and (2) all liability, claims, demands, and expenses, including court costs and reasonable attorney fees, on account of any claims by any other party for damages to the extent such arise from any negligent, unlawful, or willful and wanton act or omission on the part of any ENGINEER or any ENGINEER employee acting pursuant to this Agreement. ENGINEER shall require any third-party consultants providing services through Engineer to execute an indemnification in favor of the Town with respect to the professional services provided by such third-party consultant, which provisions shall be substantially similar to the provisions hereof, or such other provisions as may be acceptable to the Town. 6.3.3 The ENGINEER or its employees shall not be deemed to assume any liability for intentional or negligent acts of the TOWN or any officer, agent, or employee thereof, and the TOWN, to the extent pennitted by law, agrees to indemnify and hold the ENGINEER hannless for any and all claims arising out of such acts. The parties hereto understand and agree that the TOWN is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,§ 24-10-101 et seq., 10 C.R.S., as from time to time amended, or otherwise available to the TOWN, its officers, or its employees. 6.4 Limitation of Liability TOWN, in consideration of the fees negotiated hereunder, specifically agrees to limit the liability of ENGINEER and its officers, directors, shareholders, partners, agents and employees for all damages of any kind or nature associated with errors or omissions of the ENGINEER, to the amount of $2,000,000. 6.5 Controlling Law This AGREEMENT is to be governed by the law of the State of Colorado. The parties agree that venue for any action concerning this Agreement shall be in the district courts of Weld County, Colorado. 6.6 Successors and Assigns 6.6.1 TOWN and ENGINEER each is hereby bound, and the partners, successors, executors, administrators, assigns, and legal representatives of TOWN and ENGINEER are hereby bound to the other party to this AGREEMENT and to the 6 partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. 6.6.2 Neither TOWN nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by. law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder, provided such associates and consultants are approved by the Town. 6.6.3 Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than TOWN and ENGINEER, and all duties and responsibilities undertaken pursuant to this AGREEMENTwill be for the sole and exclusive benefit of TOWN and ENGINEER and not for the benefit of any other party. 6.7 Enforcement In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. 6.8 Equal Opportunity Employer The ENGINEER will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability or national origin. The ENGINEER will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, age, sex, disability, or national origin. Such action shall include but not be limited to the following: employment, ·upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The ENGINEER agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity Laws. 6.9 Independent Contractor 6.9.1 ENGINEER and any persons employed by ENGINEER for the performance of Work hereunder shall be independent contractors and not employees or agents of the TOWN. 6.9.2 ENGINEER shall have the right to employ such assistance as may be required for the performance of Work under this Agreement. Said ENGINEER shall be 7 --I responsible for the compensation, insurance, and all clerical detail pertaining to such assistants, and shall be solely responsible for providing any training, tools, benefits, materials, and equipment. 6.9.3 THE PARTIES HERETO UNDERSTAND THAT THE ENGINEER AND THE ENGINEER'S EMPLOYEES AND SUBCONTRACTORS ARE NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS UNDER ANY WORKERS' COMPENSATION INSURANCE POLICY OF THE TOWN, AND THAT ENGINEER IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX AND OTHER APPLICABLE TAXES AND OTHER AMOUNTS DUE ON ANY MONEYS PURSUANT TO THIS AGREEMENT. SECTTON7-EXTENTOFAGREEMENT This AGREEMENT (consisting of pages 1 to 8, inclusive), and the attached Exhibit A, constitute the entire AGREEMENT between TOWN and ENGINEER and supersede all prior written or oral understandings. This AGREEMENT and said Exhibit may only be amended, supplemented, modified, or canceled by duly executed written instrument. In witness whereof, the parties hereto have made and executed this AGREEMENT as of the day and year signed by the TOWN. TOWN OF FIRESTONE (TOWN) .,YJ.I? Michael P. Simone, Mayor Attest: ________ _ Date: ________ _ 8 TST, INC. CONSULTING ENGINEERS (ENGINEER) By: ---------- Title: Project Manager Attest: ________ _ By: ---------- TIiie: Municipal Division Manager Date: --------- RESOLUTION NO. Q'--/-37 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR JOINT FUNDING OF IMPROVEMENTS TO A PORTION OF THE ST. VRAIN LEGACY TRAIL WHEREAS, Weld County, the City of Dacono, and the Towns of Frederick and Firestone have applied for and received a Colorado Department of Transportation ("COOT') grant for improvements to a portion of the St. Vrain Legacy Trail; and WHEREAS, such improvements generally include a walking/bicycling path approximately 4,740 feet long, extending from Weld County Road 16 to the existing Legacy Trail connection in Firestone, and related improvements and facilities (the "Project"); and WHEREAS, an intergovernmental agreement has been proposed to provide for funding the balance of the Project not funded by the COOT grant, and to provide for other procedures and standards related to the Project. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1-The proposed Intergovernmental Agreement among Weld County, the City of Dacono, and the Towns of Firestone and Frederick, to provide for funding of a portion of the Project costs and to provide for other procedures and standards related to the Project, is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2 The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this / 9<.Jil day of /+o.01A.s+ , 2004. ATTEST: 9/13/04 11:27 AM {sjl] F:\OFFlCE."lf°lfCSUmC\Res\T~GA.n:s TOWN OF Fuq;:.;:>4ONE, COLORADO ~IP.Simone Mayor RESOLUTION NO. C 1-3'ir A RESOLUTION APPROVING AND ADOPTING AMENDED FIRESTONE DEVELOPMENT REGULATIONS FOR DEVELOPMENT PROJECTS WITHIN THE TOWN OF FIRESTONE WHEREAS, C.R.S. section 31-23-214 authorizes the Town to adopt regulations governing the subdivision of land within the Town's jurisdiction; and WHEREAS, C.R.S. section 31-23-301 et seq. authorizes the Town to establish zoning districts and adopt zoning regulations; and WHEREAS, C.R.S. section 24-67-101 et seq. authorizes the Town to allow for planned unit developments within the Town and to adopt planned unit development regulations; and WHEREAS, pursuant to such authorities, the Town has adopted subdivision, zoning and planned unit development regulations as codified in the titles 16 and 17 of the Firestone Municipal Code and in the Firestone Development Regulations, as amended; and WHEREAS, pursuant to such statutes and sections 16.04.050 and 17.04.020 of the Firestone Municipal Code, the Town Board desires to adopt amended Firestone Development Regulations, which amended Regulations are intended to replace all previously adopted and published versions of the Firestone Development Regulations, and any amendments thereto; and WHEREAS, the amended Firestone Development Regulations establish standards and procedures relating to the subdivision of land and zoning and development matters within the Town, and implement the provisions of titles 16 and 17 of the Firestone Municipal Code; and WHEREAS, all required notices and public hearings concerning the adoption of such amended Firestone Development Regulations have been provided; and WHEREAS, the Firestone Planning Commission, after notice and hearing, has recommended the Town Board adopt the amended Firestone Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J . There is hereby approved and adopted the Firestone Development Regulations, version dated August 2004, which regulations shall be known and referred to as the Firestone Development Regulations. A copy of such August 2004 version of the Firestone Development Regulations accompanies this Resolution and shall be placed in the Town permanent file together with a copy of this Resolution. Section 2 All applicants for subdivision, zoning, rezoning or development shall be advised as to the existence of the Firestone Development Regulations, and a copy thereof shall be made available to such applicants. Sertioo 3. The Firestone Development Regulations approved and adopted by this Resolution are intended to and shall replace, as of the effective date of this Resolution, all previously adopted and published versions of the Firestone Development Regulations, and any amendments thereto, and such previously adopted Regulations and amendments thereto are hereby repealed. Such repeal shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such prior regulations or amendments thereto, and each provision thereof shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Sertioo 4 If any portion of the Firestone Development Regulations approved and adopted by this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of such Regulations. The Town Board hereby declares that it would have approved and adopted such Regulations and each part thereof irrespective of the fact that any one part be declared invalid. INTRODUCED, READ, and ADOPTED this 2 ~ JI, day of ,4 u.1us± ~«~~ udyodCJerk 082604/1755[1,il)F:\Company\Firestone\Resolu1ion\Devdopmcnt Regulations (2004) 2 Michaef P. Simone Mayor , 2004. RESOLUTION NO. 04-2fl A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR BLOCKBUSTER VIDEO AND ADDITIONAL RETAIL AT LOT 4 OF THE HIGH PLAINS MARKETPLACE WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for Blockbuster Video at Lot 4 of the High Plains. Marketplace, to include a Blockbuster Video and additional, adjacent retail space in a single building on said Lot 4; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees of the Town of Firestone does hereby approve the final development plan for Blockbuster Video at Lot 4 of the High Plains Marketplace, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this q-../-1, day of =~"'-'--'' 2003. h7 ATTEST: ?it~=11 yHe!M<l~ own Clerk Michael P. Simone Mayor .. Sf.AL \ .. .. ·-.. Notebook EXHIBIT A Final Development Plan Conditions of Approval Blockbuster Video Lot 4, High Plains Marketplace I. On the cover, note that the application is a Final Development Plan. 2. Place the project title on the spine of the Notebook. Final Development Plan 3. Incorporate the term Lot 4 into the Title. 4. In the I ,and T Ise Table, remove the asterisks and the references to Phase IT. 5. In the Land I Tse Table, remove the column for Storage Area. 6. In the General Notes section, remove Note I, as it is too vague. 7. In the General Notes section, remove Note 2, as it does not relate to this FDP. 8. In the I ,egal Description $ection, correct the spelling. 9. In the Water Shares section, confirm the percentage oflandscaping relative to the percentage of open space in the Land Use Table. I 0. Water demand calculations shall be based on restaurant or other high water demand users. 11. In the Drainage section, replace "site plan" with "Development Plan." 12. In the Drainage section, specifically reference the Drainage Report and the specific letter relative to this FDP. 13. In the Packing section, remove references to the main store. 14. In the Architect:JJce section, make the comments specifically relate to this FDP for Lot 4. 15. Remove th" Architech1ce Fuh1ce section, as it does not relate to this FDP. 16. In the Sign Program section, make the comments specifically relate to this FDP for Lot 4. 17. In the Setbacks section, make the comments specifically relate to this FDP for Lot 4. 2 18. In the Development Schedule section, remove "Phase II" from the first sentence. 19. In the Development Schedule section, make the comments specifically relate to this FDP for Lot 4. 20. In the Zoning and Allowed I Ises section, only note that Lot 4 is zoned PUD with the Neighborhood Center Land Use Category. Also, note that the additional retail space may be one or two tenants. 21. Complete the list of service providers in th" Service Requirements section. 22. Update the Building Addressing section. Sheet 4 23. Remove Note 37. 24. Correct the text conflict on the site plan. 25. Correct Note 7. Sheet 5 26. Describe the concept for landscaping between Lot 4 and Lot 5. 27. Show the sidewalk on the north as shown on the site plan. 28. Show North elevation with estimated mature landscaping on this sheet. Sheet 6 29. Label all components on North and East elevations. 30. Move the mechanical boxes to the east elevation and color coordinate with the building. 31. Show Blockbuster signage and other conceptual signage on building elevations and note the maximum permitted sizes, consistent with the sizes noted at the Town Board public hearing. 32. Show the raised parapet sections on east and west elevations from the north elevation. 33. Modify the North elevation to as presented at the Board public hearing. General 34. Execute a Development Agreement if determined necessary by the Town Attorney. 1 35. Provide a cross-access easement between Lots 4 and 5 in a form acceptable to the Town Attorney 36. Applicant shall post appropriate signage to prevent access to or parking on Lot 5 until Lot 5 is developed. Such signage shall be approved by the Town Planner. 37. Provide detail and elevations for trash enclosure, including front gate. The exterior materials for the enclosure shall match the main building. 38. Provide architectural material board, including materials for trash enclosure. 39. Provide updated tax certificate. 40. Revise Town Board approval block. 41. Fix typographical errors throughout. 42. Correct notes and note numbering. 43. Revise documents according to Town Engineer's comments. 44. Revise documents according to Town Attorney's comments. 45. Place the sheet name in the Firestone Information Block for each sheet. 46. Provide details for signage on the North elevation and coordinate with landscape plan. 47. Designate at least one short-term parking spot in front of the Blockbuster to facilitate movie returns. 48. Modify the Landscape Plan sheet to be consistent with the landscape plant material shown along the north elevation as presented at the Town Board public hearing. 49. On the Landscape Plan sheet note the two additional deciduous trees north of the building as Malus (Crabapple) "Spring Snow". 50. On the Landscape Plan sheet note the grass in the channel as "bluegrass". 9/\3'2004 8:27 AM {sj]J f:l,(;ompany\F~lockbusta-.FDP.TB.it:S.doc 4 ) TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE ORGANIZATION OF THE HILLS METRO POLIT AN DISTRICTS NOS. 1, 2 AND 3, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 04-40 RESOLUTION OF APPROVAL WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado, following due notice, held a public hearing on the proposed Service Plans for The Hills Metropolitan Districts, Nos. 1, 2 and 3, which hearing was opened on August 26, 2004 and concluded on September 16, 2004; and WHEREAS, the Board of Trustees has considered the Service Plans and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plans for The Hills Metropolitan Districts, Nos. I, 2 and 3, should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1-204.S(l)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of Saddleback Hills Lake & Conservancy Limited Liability Company, a Colorado limited liability company, and Saddleback Hills Lake and Conservancy #2 LLC, a Colorado limited liability company ( collectively the "Developers"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed Service Plans for The Hills Metropolitan Districts, Nos. I, 2 and 3 have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the Developers, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of these proposed special districts pursuant to Title 32, Article I, part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the Service Plans and other evidence presented by and on behalf of the Developers, that: 1 (a) There is sufficient existing and projected need for organized service in the areas to be serviced by the proposed Districts; (b) The existing service in the areas to be served by the proposed 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 their proposed boundaries; (d) The area to be included in each of the proposed Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The creation of the proposed Districts will be in the best interests of the areas proposed to be served. Section 4. That pursuant to Section 32-l-204.5(l)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plans: (a) The Developers agree that the Town Attorney will be given reasonable notice of all proceedings in the District Court of Weld County relating to the organization of the Districts (including notice as described in Section 32-1-304, C.R.S.). (b) The Developers agree that, prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., all fees and expenses which have been submitted to the Developers for payment by or on behalf of the Town or its attorneys or financial or other advisors shall have been paid in full. ( c) Prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., the Districts shall fully comply with the provisions of Section 32-1-107(3), C.R.S. with respect to the overlapping of service areas. Each District's authorization to provide services or facilities within any overlapping area is expressly conditioned upon the District fust obtaining the written consent of each and every district whose service area is so overlapped. ( d) Prior to the Mayor's execution of this Resolution, the fully and properly executed originals of the following documents will be submitted for each of the three proposed Districts: the engineer's statement of reasonableness of capital costs; accountant's letters and forecasts; letter in support of market projections and absorption rates; underwriter's letter; legal counsel letters; bond counsel letter, and Developers' indemnity letters that are required under the Service Plans and set forth in Exhibits C, H, J, K, L, and S to the Service Plans, shall be provided to the Town. ( e) At its organizational meeting, each of the Districts shall execute its respective District indemnity letters, the intergovernmental agreement with the 2 Town ("Town IGA") and the intergovernmental cost sharing and recovery agreement ("District IGA") that are required under the Service Plans and set forth in Exhibits L, P and Oto the Service Plans (and, in the case of the District IGA, in the form approved by the Town), and shall provide the fully executed originals of the District indemnity letters and the Town IGA, and a copy of the fully executed District IGA, to the Town. If any of the above-stated conditions (a) through (d) are not met, the Town may file a motion with the District Court of Weld County requesting that the hearing on the organization of the Districts be delayed until such conditions are met, and Developers have represented that they will not oppose such motion. Further, if any of the above-stated conditions (a) through (e) are not met, the Town may pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the Service Plans of The Hills Metropolitan Districts, Nos. 1, 2 and 3, as set forth in Exhibit A to this Resolution and dated September 13, 2004, are hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.S(l)(c), C.R.S., and subject to the revisions set forth in Exhibit B. Section 6. That a certified copy of this Resolution be filed in the records of the Town of Firestone and submitted to the Developers for the purpose of filing in the District Court of Weld County for further proceedings concerning The Hills Metropolitan Districts, Nos. 1, 2 and 3. RESOLVED, ADOPTED AND APPROVED this //,...µ.. day of September, 2004. /(;-~i~)····-. ·· ... A~MV:/ 9/17/2004 2:19 PM{sjl) Y:\Fircstonc\Mctropolillln Disuicts\Thc Hills\Approva\Re:solulion (final) 3 Michael P. Simone Mayor EXHIBIT A (Copy of Service Pla11s) 5 EXHIBITB REVISIONS TO THE HILLS METROPOLITAN DISTRICT NOS. I, 2 AND 3 SERVICE PLANS (Firestone Board of Trustees Meeting, September 16, 2004) DISTRICT NO. 1 SERVICE PLAN: I. On page 4, last line, delete "It is anticipated that". 2. On page 7, line 3, after "Service Plan" insert "otherwise". 3. On page 7, line 11, after "approved" insert "final". 4. On page 10, line 3, substitute "To the extent" for "If'. 5. On page 10, line 22, insert "prior written" before "approval". 6. On page 11, line 1, after "Section" insert "II.A.5". 7. On page 16, lines 20-21, strike "and District IGA". 8. On page 17, revise the fourth sentence to read in full as follows: "A draft of the District IGA is set forth in Exhibit P; the final form of the District IGA shall be subject to review and approval by the Town prior to execution by the Districts." 9. On page 18, line 4, after "Town" insert a comma. 10. On page 18, line 7, substitute "a non-potable raw water irrigation" for "such a". 11. On page 21, line 15, after "repayment of the" insert "District's". 12. On page 22, line 2, change "$3,155,256" to "$3,173,216". 13. On page 22, line 3, after "be applied toward repayment of the" insert "District's". 14. On page 29, strike the last two lines on the page and substitute the following: "except that (a) for Secured Bonds issued at a variable interest rate for interest periods longer than weekly, the maximum net effective interest rate shall be twelve percent (12%) per annum; and (b) for Secured Bonds issued at a variable interest rate for weekly or shorter interest periods, the maximum net effective interest rate shall be eighteen percent (18%) per annum. For all Non-Developer Bonds, the maximum discount shall be four percent (4%) per annum." 15. On page 33, line 14, in caption, after "Debt Service" insert "and Administrative". 16. On pages 36 through 38, revise Section V.G. to incorporate the revisions shown in the redline version attached as Exhibit B-1. 17. On page 42, line 6, insert the following after "Improvements": ", including but not 6 limited to a detailed report of the status of the Saddleback Park Improvements completed in the preceding year and planned for the upcoming year and identification of which entity (District(s) or Developer) has completed or will be completing such Improvements." 18. On page 49, line 9, after "District IGA" insert "(in the form of the District IGA as reviewed and approved by the Town)". 19. On Exhibit H, submit revised spreadsheets and notes to correct internal inconsistencies and errors; such submittal shall be subject to Town review and approval prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S. 20. In Exhibit 0, revise Section 10 of Town IGA to incorporate and reflect redline changes to Section V.G of Service Plan, as set forth in Exhibit B-1. DISTRICT NO. 2 SERVICE PLAN: 21. On page 4, last line, delete "It is anticipated that". 22. On page 5, line 15, in caption, add "; Consolidation" to end of caption. 23. On page 7, line 12, after "approved" insert "final". 24. On page I 0, line 5, substitute "To the extent" for "If'. 25. On page 11, line 2, insert "prior written" before "approval". 26. On page 11, line 4, after "Section" insert "II.AS". 27. On pages 16-17, last line of 16 to first line of 17, strike "and District IGA". 28. On page 17, revise the fourth full sentence to read in full as follows: "A draft of the District IGA is set forth in Exhibit P; the final form of the District IGA shall be subject to review and approval by the Town prior to execution by the Districts." 29. On page I 8, line 4, after "Town" insert a comma. 30. On page 18, line 7, substitute "a non-potable raw water irrigation" for "such a". 31. On page 22, line 19, substitute "Property" for "Development." 32. On page 29, strike lines 3 and 4 on the page and substitute the following: "except that (a) for Secured Bonds issued at a variable interest rate for interest periods longer than weekly, the maximum net effective interest rate shall be twelve percent (12%) per annum; and (b) for Secured Bonds issued at a variable interest rate for weekly or shorter interest periods, the maximum net effective interest rate shall be eighteen percent (18%) per annum. For all Non-Developer Bonds, the maximum discount 7 shall be four percent (4%) per annum." 33. On page 32, line 18, in caption, after "Debt Service" insert "and Administrative". 34. On pages 35 through 37, revise Section V.G. to incorporate the revisions shown in the redline version attached as Exhibit B-1. 35. On page 41, line 8, insert the following after "Improvements": ", including but not limited to a detailed report of the status of the Saddleback Park Improvements completed in the preceding year and planned for the upcoming year and identification of which entity (District(s) or Developer) has completed or will be completing such Improvements. 36. On page 48, line 13, after "District IGA" insert "(in the form of the District IGA as reviewed and approved by the Town)". 37. On Exhibit H, submit revised spreadsheets and notes to correct internal inconsistencies and errors; such submittal shall be subject to Town review and approval prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S. 38. In Exhibit 0, revise Section 10 of Town IGA to incorporate and reflect redline changes to Section V.G of Service Plan, as set forth in Exhibit B-1. DISTRICT NO. 3 SERVICE PLAN: 39. On page 4, last line, delete "It is anticipated that". 40. On page 5, line 15, in caption, add": Consolidation" to end of caption. 41. On page 7, line 12, after "approved" insert "final". 42. On page 10, line 5, substitute "To the extent" for "If'. 43. On page 11, line 2, insert "prior written" before "approval". 44. On page 11, line 4, after "Section" insert "II.A.5". 45. On page 11, line 5, make "Article" plural. 46. On page 11, line 15, delete "s" in 'modifications". 47. On page 16, line 8, add following two sentences after "Improvements": "As set forth in Exhibit C, the estimated cost of the Improvements exceeds the amount of debt anticipated to be issued in accordance with the Financial Plan. To the extent that the costs of the Improvements cannot be financed with bond proceeds, the Developer shall be required to pay such costs, as set forth in Article V." 48. On pages 16, lines 18-19, strike "and District IGA". 8 49. On page 17, revise the third full sentence to read in full as follows: "A draft of the District IGA is set forth in Exhibit P; the final form of the District IGA shall be subject to review and approval by the Town prior to execution by the Districts." 50. On page 17, line 20, after "Town" insert a comma. 51. On page 17, line 23, substitute "a non-potable raw water irrigation" for "such a". 52. On page 21, line 16, correct "form" to "from". 53. On page 26, line 5, correct "8,650,000" to "8,865,000". 54. On page 27, revise last two full sentences on such page to reflect fact that Hills No. 3 is a non-residential district, consistent with revised letter required by the Exhibit J condition below. 55. On page 28, strike last two lines and substitute the following: "except that (a) for Secured Bonds issued at a variable interest rate for interest periods longer than weekly, the maximum net effective interest rate shall be twelve percent (12%) per annum; and (b) for Secured Bonds issued at a variable interest rate for weekly or shorter interest periods, the maximum net effective interest rate shall be eighteen percent (18%) per annum. For all Non-Developer Bonds, the maximum discount shall be four percent (4%) per annum." 56. On page 32, line 14, in caption, after "Debt Service" insert "and Administrative". 57. On pages 35 through 37, revise Section V.G. to incorporate the revisions shown in the redline version attached as Exhibit B-1; additionally, revise reference to "2005 and 2008" to "2006 and 2009". 58. On page 41, line 6, insert the following after "Improvements": ", including but not limited to a detailed report of the status of the Saddleback Park Improvements completed in the preceding year and planned for the upcoming year and identification of which entity (District(s) or Developer) has completed or will be completing such Improvements. 59. On page 48, line 9, after "District IGA" insert "(in the form of the District IGA as reviewed and approved by the Town)". 60. On Exhibit H, submit revised spreadsheets and notes to correct internal inconsistencies and errors; such submittal shall be subject to Town review and approval prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S. Additionally, such submittal shall reflect that the 2006 and 2009 debt issues will be limited to "Alternative A". 61. Regarding Exhibit J, provide a supplemental letter regarding criteria used in process of underwriting bonds for a non-rated commercial metropolitan district, and methods of evaluation such criteria. 9 62. In Exhibit M, page 2, substitute "three (3.0) mills" for "three and one half (3.5) mills". 63. In Exhibit 0, revise Section 10 of Town IGA to incorporate and reflect redline changes to Section V.G of Service Plan, as set forth in Exhibit B-1. SERVICE PLANS FOR ALL DISTRICTS: 64. Insert form of District's Indemnity Letter into Exhibit L. 65. In Exhibit F, replace one-page Saddleback Park Improvements Phasing Plan with Phasing Plan and Phasing Map attached as Exhibit B-2. 10 EXHIBIT B-1 REVISIONS TO THE HILLS METROPOLITAN DISTRICT NOS. 1, 2 AND 3 SERVICE PLANS (Firestone Board of Trustees Meeting, September 16, 2004) Redline Revisions to Section V.G of Each Service Plan: G. Revenue-Sharing Payments to Town for Public Improvements I. Except as otherwise expressly provided in Section V.G.2 below, the District will pay to the Town for deposit into the Town's capital improvements fund twenty-three percent (23%) of the District's total net bond proceeds derived from the issuance of Non- Developer Bonds. Such amount§.. ~l!aJL ~~ p~i_d_ !O_ !h_e_ T~~!:I _immediately ueo_n_ iS~l!~"E~ _a.!1~ ___ --{ Deleted: pcrccn1ascs delivery of each such series of Non-Developer Bonds which, according to Exhibit H, is anticipated to occur in 2005 and 2008. The funds so paid to the Town may be used by the Town to finance any street, park or recreation capital improvement, or other capital improvement (either within or outside the boundaries of the District), which improvements the District would otherwise be empowered to construct, i.e., streets, street lighting, traffic safety controls, water, sanitary sewer, landscaping, storm drainage or park and recreation improvements and facilities, any of which improvement shall be of benefit to the Town and District as determined by the Board of Trustees. 2. By approving this Service Plan and executing the Town IGA, the Town expressly agrees that if the Developer and/or the Districts fund the construction of or construct the Saddleback Park Improvements in accordance with the Phasing Plan, Concept Plan and other applicable provisions of the Park Agreement, Town IGA and this Service Plan, then the Certified Construction ~o_S!S_ J~s defined_ ~elow1 _ r_e!a~<cd_ _tp _ E~J!S_truE!i~J! _ ~I'.. _t~<c-~a_d_sl!e_b~~~ _ ~a_r!_< ___ --{LD:.:•::leted=::'.:.'-------' Improvements shall be applied as a credit toward the Districts' satisfaction of the revenue sharing obligations set forth herein and in the Town IGA, and the provision set forth above regarding revenue-sharing amounts, bein_g paid to the Town upon issuance and delivery of each_~~,., 1 Deleted: perccnlllges series of Non-Developer Bonds shall be inapplicable to the extent of such credit. At least fil.1i!Y. (§92 days _prior to Hills No._3's issuance of any Non-Developer __ -·(,_;D;..;•;..;leted=;..;' ,.;;;;;any _____ ---( Bonds, the Districts shall provide the Town with documentation regarding the total costs ---i'-0-'e'-leted"--"-''-'---------' incurred by the Developer and/or the Districts for construction of the Saddleback Park Improvements. including but not limited to architecture and design, engineering, legal fees, construction management fees, permit fees, surveying expenses, and labor and materials construction cost,;,_ !'~~e_r!ii_i~d_ Construction C_o~ts~t-_ Such documentation shall include an ___ - independent engineer's certification of the construction costs and the .District's certification that such documents and costs incurred are true and accurate. The Certified Construction Costs shall exclude costs for constn1ction of any local or collector streets abutting Saddleback Park (currently denoted as Saddleback Circle and Garland Street on the Concept Plan}. The Ce1tified Constmction Costs may include utility costs only for those utilities that directly serve Saddleback Park. In the event that the Certified Construction Costs are equal to or exceed 23% Deleted: cs certified by iUl indq>cndcnl engineer, which costs shall include, but no! be limited to hard construction costs, construction num11gemen1 fees, design fees, engineering fees, lcg11l fees, 11nd permit costs of the aggregate net proceeds (after deduction of reasonable amounts for capitalized interest, reserve funds.1!fill. issuance cost'\) of the Districts'_ Non-Developer Bonds ereviously issued and_,:: ··,_D:;.•::'eted=;;;'.:.· --------( Deleted:, and other incidenllll costs I I to be issued as certified by the Districts' Financial Advisor ("Aggregate Net Non-Developer Proceeds"), the Districts shall be deemed to be in full compliance with the above-described Town regional improvement revenue sharing obligation and the Town shall not be entitled nor shall it seek additional participation from the Districts for regional improvements pursuant to such obligation unless otherwise provided by mutual written agreement among the Districts and the Town. In no event shall the calculation of Aggregate Net Non-Developer Proceeds include Developer Bonds or Refunding Bonds. Alternatively, in the event that the Certified Construction Costs are less than 23% of the Aggregate Net Non-Developer Proceeds, then, as provided in the Town !GA and the Hills No. 3 Service Plan, Hills No. 3 shall pay the Town an amount equal to the difference between such 23% of Aggregate Net Non-Developer Proceeds and the Certified Construction Costs from the proceeds of its first series of Non-Developer Bonds, or, if agreed by the Town, from its first and second series of Non 4 Developer Bonds on a pro•rata basis. Although the Developer and Districts anticipate tha\ Non-Developer Bonds~ ___ -~L=-D•=leted==-'-';'="'=;""'•------ be issued to fund construction of Improvements or the acquisition of Improvements from the Developer, they acknowledge the possibility that the Developer or a successor or assignee thereof may elect to fully fund the Improvements and retain ownership of Developer Bonds for more than five years thereby delaying the issuance of Non-Developer Bonds. In the event that the Districts have not issued Non-Developer_Bonds b¥_the date 1h&,i.§. one{]_) year_i!f!fil _ _-- completion and the Town's conditional_ acceptance of_ Saddleback _Park _lmp!ovements, the_ --- Districts acknowledge that the Developer l!i, ~~ligaJ<cd_ Ell_~t1_a_n) Jo !h_e_ ~a_r~ _Agr~<:n:i~n_t _t~ _st1_~n:i~t _ --- the Certified Construction Costs to the Town ,_a,!19 _t~ .P~Y J~e_ '!'~~ )~e_ ~'!'~ll_n_tL ~f_a_ny, ~•_st1_l)i_!lg_ --- from deducting the Certified Construction Costs from 23% of the aggregate net proceeds of J!!l --- Developer Bonds issued by any of the Districts, which shall be calculated by deducting the -•. reasonable issuance costs from the principal amount of all Developer Bonds issued by the Districts, which net amount shall be certified to the Town by the Districts' Financial Advisor. 12 Deleted: do no1 issue llllY Deleted: which is determined to be Deleted: following Deleted: will be Deleted: within sixty(60) days Deleted: lhe EXHIBIT 8-2 REVISIONS TO THE HILLS METROPOLITAN DISTRICT NOS. 1, 2 AND 3 SERVICE PLANS (Firestone Board of Trustees Meeting, September 16, 2004) Revised Phasing Plan and Phasing Map for Exhibit F (See Following Pages) 13 Saddleback Park Phasing Plan Page 1: Saddleback Park Improvements"", Deadlines and Estimated Costs PHASE 1 Acres 33.3 Acres Relocation of oil and aas facilities · 3 Oil/gas Wells Relocation of Sinclair oioeline 1 Overlot aradina TBD Seedina TBD Estimated Cost $ 250,000 Phase 1 Comnleted Prior to Issuance of 152 Bulldlna Permits PHASE2 Acres 8.7 Acres CBT Shares TBD* Shares Soccer Fields 2 Fields Parkina Lot (Cantrall 1 Parkina Lat: 100 soaces Internal Drlvewavs TBD 10-wide Concrete Trail As Shown Walkwa"", Landscaoina, lrriaalion TBD Sianaae TBD Necessarv Utilities TBD Necessarv Gradina and Drainaae TBD Restroom TBD Other Park Eauioment TBD Enaineer and Landscaoe Arch Desion TBD Averaae Cost Per Acre $ 130,000 Estimated Cost $ 1,131,000 Phase2 Comnleted Prior to Issuance of 386 Bulldlna Permits Subtotal $ 1,381,000 Phases 1 and 2 PHASE3 Acres 12.5 Acres CBT Shares TBD* Shares Soccer Fields 1 Field Softball Fields 1 Field Parkina Lot /Central\ 1 Parkin<> Lot: 150 snaces Internal Drivewavc TBD 10-wide Concrete Trail As Shown Walkwa•~, Landscaolna, lrriaation TBD Sianaae TBD Necessarv Utilities TBD Necessarv Gradina and Drainaae TBD Concession, Restroom, etc Buildina TBD Other Park Eauioment TBD Enaineerina & Landscaoe Arch Desian TBD Averaae Cost Per Acre $ 130,000 Estimated Cost $ 1,625,000 Phase 3 Comnleted Prior to IB&uance of 722 Total Bulldlna Permits Subtotal $ 3,008,000 Phases 1, 2 and 3 Saddleback Park Phasing Plan Page 2: Saddleback Park Improvements-, Deadlines and Estimated Costs PHASE4 Acres CBT Shares Softball Fields 10-wide Concrete Trail Walkwavs:, Landscaoina, lrriaation Sianaae Necassarv Utilities Necassarv Gradina and Drainaoe Other Park Eauipment Enaineer & Landscace Arch Deslon Averaae Cost Per Acre Estimated Cost Comoleted Prior to Issuance of Total Cost • Owner shall dedicate water necessary for irrigation of turf and landscape areas identified in the final development plan far the Saddleback Park Improvements. Dedications shall be CBT units and shall be at a rate of 2.5 units per acre of irrigated turf and landscape area (1.0 units per acre for areas approved for planting of native grass) unless the Town otherwise agrees to different rates or alternative water supplies. Dedications shall be made at or prior to the time phas·es are completed to allow for timely irrigation of instal_led turf and landscaping. $ $ $ 12.1 Acres TBD* Shares 1 Field TBD TBD TBD TBD TBD TBD TBD 130:000 1,573,000 Phase4 1,048 Building Permits 4,579,000 Phases 1, 2, 3 and 4 •• As more specifically s·et forth in the Park Agreement, the Saddleback Park Improvements and the Phasing Plan and Concept Plan may be modified through the final plat/final development process, and the Districts or Developer will construct the Saddleback Park Improvements as set forth on the final pfat and final development plan for Saddleback Park. Further, Saddleback Park Improvements may be shifted among Phases as identified at the time of subdivfsion agreement, provided that the expenditures for each Phase of Saddleback Park Improvements shall be at a rate of$130,000 per acre for all acreage within each Phase (other than Phase I, which shall be in the amount set forth herein, ;ind shall not exceed the total estimated cost for each such Phase as set forth herein). (As an example, if all Improvements listed within.Phase 3 cannot be completed at an expenditure rate of $130,000 per acre, then at the time of subdivision agreement, a portion of the Phase 3 Improvements may b_e"identified for completion as part of Phase 4). f, ,: ( ( -20, 2IXM -.--:::l -(Q .-:::! ~ ~ - ____ .dc-----1~--"""~ . . .... ··.··<··: .·.: .. ·:.: ~~~~. ~--' -t -? ~ii}[:[:t. ~;:~: ''L Concept Plan THE VILLAGES OF SADDLEBACK HILLS r.nuu111\JITV Cll~I( Cl 111\J Phase 1 Saddleback Park Phasing Plan Page 3: Phasing Plan Map Exhibit B NORTH ~ NO!l!IJS DULLEA -- 710 Wes! Cdfu: AY81Ut ...... °""""' 80204 Fax: 303.892.1188 Phone: 303.892.1168 ------ RESOLUTION NO. 04-..:±1._ A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR ADAMS BANK ON LOT 6, FIRESTONE RETAIL CENTER SUBDIVISION. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan for Adams Bank on Lot 6, Firestone Retail Center Subdivision; and WHEREAS, all materials related to the proposed Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan, and has forwarded to the Board of Trustees a recommendation of approval of such plan with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan for Adams Bank should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Notebook EXHIBIT A Final Development Plan Conditions of Approval Adams Bank I. Place the water line easement in a separate tabbed section. 2. The sheet that shows the FOP Submittal Requirements does not need to be provided. 3. Even though the notebook sections have been tabbed, provide a table of contents. 4. Include a current tax statement. 5. Remove the Fiscal Impact Analysis form, as such report is prepared by the Town staff for the Town Board. 6. The Cost Agreement section can be removed. FOP Sbeet I 7. In the T and Jlse Table section, identify the actual building setbacks as shown on this FOP. Sbeet 2 8. In the Controls section, identify the actual easement that will be recorded. Also, describe the cross-access easement( s) that will be provided. 9. In the rand I Ise section, describe the office uses planned for the second story. I 0. Add a note in the r and Jlse section to address the situation that may arise where the applicant may condominiumize the upper floor of this building. If so, the applicant should provide a copy of the condominium declarations, together with applicable legal descriptions, to the Town Engineer to confirm the condomiumization results solely in the transfer of air rights, together with an undivided interest in land and other common elements. 11. In the Oevelapment Schedule section, remove references to the proposed temporary building, as that is subject to an administrative process, and not part ofthis FOP. 12. In the Sign Program section, correct bank name typos. Sbeet 6 13. Specify the crabapple trees in the parking lot as "fruitless". 2 Sheet "A" 14. Label Sheet "A" as Sheet 8 of 8 and place the proper title block at the top of the sheet. 15. The color and types of all exterior materials shall be consistent with the materials board and color elevations presented at the Town Board hearing. General 16. Provide a copy of the cross-access and parking agreement for Town staff review. 17. Submit a lighting detail for review and approval by the Town Planner. The lighting detail shall be architecturally compatible with other lighting used in the development. Use "downcast" lighting and locate all light poles on site plan. 18. Modify sign details as presented at the Planning Commission public hearing to incorporate minor changes made by the applicant subsequent to the submittal. 19. Modify landscape plan as presented at the Planning Commission public hearing to incorporate minor changes made by the applicant subsequent to the submittal. 20. Modify final documents pursuant to comments from the Town Attorney. 21. Identify permitted locations and maximum size for second story tenant signage. 22. Provide additional low-growing landscaping along the south property line. 9'21/2004 11:24 AM {cdl) Y:IFll'CSloncl.Subdivisiotts\Adams BankFDP.TB.rcs.doc 3 RESOLUTION NO. 04-4::L A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE MOUNTAIN VIEW RETAIL CENTER ANNEXATION, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Mountain View Retail Center Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: I. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. 1. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. J. The territory proposed to be annexed is 3.7298 acres, more or less. k. A plan is in place, pursuant to Section 31-12-l0S(l)(e), C.R.S. I. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Section 31-12-107(2) or- ! 12, C.R.S. 2 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article ll, Section 30 of the Colorado Constitution and Section 31-12-107(1 ), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the Jaws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED thisd 3..,1 day of &_p"t-e M lJ.t r , 2004. 3 Michael P. Simone Mayor EXHIBIT A LEGAL DESCRIPTION MOUNTAIN VIEW ANNEXATION A PARCEL OF LAND BEING PART OF LOT A, RECORDED EXEMPTION 1313-12-l-REJ340 AS RECORDED APRIL 17, 1991 AS RECEPTION NO. 02247323, WELD COUNTY, COLORADO RECORDS, SITUATE IN THE NE 1/4 OF SECTION 12, T.2N., R.68W., OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID NE 1/4; THENCE S00°00'00"W, ALONG THE EAST LINE OF SAID NE 1/4, A DISTANCE OF 47.66 FEET; THENCE S89°29'16"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00°00'00"W, ALONG THE EAST LINE OF SAID LOT A, PARALLEL TO AND 30.00 FEET DIST ANT FROM, AS MEASURED AT RIGHT ANGLES TO SAID EAST LINE OF SAID NE 1/4, A DISTANCE OF 252.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE S89°46'48"W, ALONG THE SOUTH LINE OF SAID LOT A, A DISTANCE OF 648.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT A; THENCE N00°00'00"E, ALONG THE WEST LINE OF SAID LOT A, A DISTANCE OF 250.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 24 AS DESCRIBED IN RECEPTION NO. 3001396, SAID WELD COUNTY, COLORADO RECORDS; THENCE N89°46'48"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 219.24 FEET; THENCE N89°29'16"E, CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 428.78 FEET TO THE EAST LINE OF SAID LOT A AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 162,468 SQUARE FEET (3.7298 ACRES) MORE OR LESS. 9nJ/04 S:32 PM (cdl) Y:\Firesione\Anncxation\M:OUlllainV1CWRctailCcnterEligibility.rcs.doc 4 RESOLUTION NO. 04-lJ..3 A RESOLUTION APPROVING A FINAL PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR THE MOUNTAIN VIEW RETAIL CENTER ANNEXATION AND A FINAL DEVELOPMENT PLAN FOR LOT I OF THE MOUNTAIN VIEW RETAIL CENTER. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Plat and Preliminary Development Plan for the Mountain View Retail Center Annexation and a Final Development Plan for Lot I of the Mountain View Retail Center; and WHEREAS, all materials related to the proposed Final Plat and Preliminary Development Plan, and Final Development Plan for Lot 1, have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Plat and Preliminary Development Plan, and Final Development Plan, and has forwarded to the Board of Trustees a recommendation of approval of such plans with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Plat, Preliminary Development Plan, and Final Development Plan for Lot 1, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Plat, Preliminary Development Plan, and Final Development Plan for Lot 1, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Plat and Preliminary Development Plan for the Mountain View Retail Center Annexation, and the Final Development Plan for Lot l of the Mountain View Retail Center, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this ~iy of&Dl-1 lh 2004. ATTEST: Michael P. Simone Mayor • 2 General EXHIBIT A Final Plat, Preliminary Development Plan, and Final Development Plan Conditions of Approval Mountain View Retail Center Annexation I. Remove all references in all documents to Firestone Boulevard and Colorado Boulevard as Weld County Roads. 2. Fix typos in all documents. 3. Provide additional detail as to how the "transfer" of the tap from Central Weld County Water District would occur in the form of a letter or memo to the Town Engineer. Terms of this proposed transfer must be acceptable to the Town and incorporated into an annexation or development agreement. 4. Modify final documents pursuant to comments from the Town Attorney. PDP Sheet I 5. In the Project Concept section, reference the creation of three lots instead of two. 6. In the Project Concept section, remove the reference to Walgreens. 7. In the rand Tise Table section, remove the references to the landscape buffer relative to a building wall, as such information can be considered at the time of FOP for each lot. 8. In the T and I Ise Table section, remove the reference to minimum lot size. 9. In the Land Tise Table section, state the maximum building height as 35 feet or as otherwise determined at the time of FOP. I 0. In the T and I Ise Table parking spaces section, add a note that states "or as otherwise determined at the time of FOP based on the specific uses presented." 11. In the T and I Ise Table section, note the maximum building coverage as 25%. 12. In the Parks Trails and Open Space section, note the public land dedication shall be by cash-in-lieu. 13. In the Architecture section, remove the frrst paragraph as it belongs in the FOP for Walgreens. 14. Update the Development Schedule section. 3 15. In the Sign Program section, replace the last sentence of section 1. 1. with "Final sign specifications shall be as determined at the time ofFDP". 16. In the Sign Program section, further describe "electronic reader boards". 17. In the Service Requirements section, add Fire Protection by the district responsible for this area; for Police, note the Town of Firestone. I 8. In the Circulation Systems section, add the word "planned" at the beginning of the paragraph. Also note that the project is being planned to connect to the property to the west and south to provide a free-flow access for all commercial properties in this area. 19. In the Density section, state that the "density shall be as specified in the Firestone Development Regulations." Sheet 2 20. In front of the phrase "Concept Only" add the words "Site Design Is" and add such entire phrase to Lot 1. 21. Add "Lot l" to the note regarding conceptual final .development plans. 22. Dash in the two connection access drives to the south and the west and note them as "Potential Future Access Drives". Also, add a note stating that such off-site drives are shown as a sub-area transportation plan. 23. Note the locations of the connections to the Potential Future Access Drives to the south from Lot 1 and the west from Lot 3 as "Planned Connection Points to Adjoining Property". 24. Add a note to the plan sheet that states: "Connections to the east-west access road from the property to the south may be provided for at the time of FDP of Lots 1, 2 and 3 or on the adjoining property if shown on an approved FDP. The owner of Lots 1, 2 or 3 shall provide an access easement to provide for such connection. The construction of such connection shall not be the responsibility of the owners of Lots 1, 2 or 3 unless shown on the approved FDP for such lots. 25. Modify the access movement designations as determined by the Town Engineer. Add note that access movements are subject to Town's police power, with text of note as approved by Town Engineer. Final Plat 26. Modify document pursuant to comments from the Town Engineer. FOP For Lot 1 (Walgreens) Genera) 4 27. Modify the text and plan pursuant to pertinent comments made on the PDP. 28. Clearly identify the location of edge of the future street right-of-way, in a manner acceptable to the Town Engineer . Sheet I 29. Add a note that indicates the number of CBT water shares to be transferred to the Town for domestic and irrigation uses. 30. In the I and l Jse Table section, state actual building setbacks, building coverage and other standards and remove references to maximums and minimums. 31. In the Setbacks section, remove references to "required" setbacks. 32. In the Sign Program section, specify only the signs that are being developed for the Walgreens Lot 1. Reference specific details for each sign. Add information regarding the LCD portion of the sign. Sheet 3 33. Remove building setback lines. Sheet 4 34. Note that grading shall be contained within the site unless a grading easement is obtained from the property owner to the south. Sheet 5 35. Identify a low grass requirement type of bluegrass between the right-way-line and the more intense landscaped areas. 36. Add landscaping at the rear of the building. 37. In the Data Table, clarify the location of the ROW area, in a manner acceptable to the Town Engineer. Sheet IQ 38. Clearly identify the location of edge of the roadway, in a manner acceptable to the Town Engineer. 39. Submit a detail of the parking lot lighting, for review and approval by the Town Planner. Use a type that provides "downcast" lighting, and locate light poles on site plan. Subdivision Agreement 40. Execute a subdivision agreement as prepared by the Town Attorney. 5 Final Utility Plans 41. Modify documents pursuant to comments from the Town Engineer. 42. Add a note that if a small retaining wall is necessary for the south or west boundaries of Lots 1, 2 or 3 that it must be first approved by the Town Planner. Traffic Reports and Studies 43. Modify documents pursuant to comments from the Town Engineer. 9,Zll'lOOt 12:24 PM (cdl] Y:\F~\MounminViewR.milFDP.TB.n:,.doc 6 TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE ORGANIZATION OF NEIGHBORS POINT METRO POLIT AN DISTRICT IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 04-44 RESOLUTION OF APPROVAL WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado, following due notice, held a public hearing on the proposed Service Plan for Neighbors Point Metropolitan District, which hearing was opened on September 30, 2004 and concluded on October 7, 2004; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plan for Neighbors Point Metropolitan District, should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1- 204.5(1 )(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of I & J Partnership, L.P., a California limited partnership, (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed Service Plan for Neighbors Point Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of this proposed special district pursuant to Title 32, Article 1, part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the Service Plan and other evidence presented by and on behalf of the Developer, that: (a) There is sufficient existing and projected need for organized service in the areas to be serviced by the proposed District; (b) The existing service in the area to be served by the proposed District is inadequate for present 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 District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and ( e) The creation of the proposed District will be in the best interests of the area proposed to be served. Section 4. That pursuant to Section 32-1-204.S(l)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) The Developer agrees that the Town Attorney will be given reasonable notice of all proceedings in the District Court of Weld County relating to the organization of the Districts (including notice as described in Section 32-1-304, C.R.S.). (b) The Developer agrees that, prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., all fees and expenses which have been submitted to the Developer for payment by or on behalf of the Town or its attorneys or financial or other advisors shall have been paid in full. (c) Prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., the District shall fully comply with the provisions of Section 32-1-107(3), C.R.S. with respect to the overlapping of service areas. The District's authorization to provide services or facilities within any overlapping area is expressly conditioned upon the District first obtaining the written consent of each and every district whose service area is so overlapped. (d) Prior to the Mayor's execution of this Resolution, the fully and properly executed originals of the following documents will be submitted for the proposed District: the engineer's statement of reasonableness of capital costs; accountant's letters and forecasts; letter in support of market projections and absorption rates; underwriter's letter; legal counsel letters; bond counsel letter, and Developer's indemnity letters that are required under the Service Plan and set forth in Exhibits E, G, H, 1, J, and K part I, to the Service Plan, shall be provided to the Town. ( e) At its organizational meeting, the District shall execute its District indemnity letter, and the intergovernmental agreement with the Town ("IGA") that are required under the Service Plan and set forth in Exhibits K part II, and N to the Service Plan, and shall provide the fully executed originals of the District indemnity letters and the IGA, to the Town. If any of the above-stated conditions (a) through (d) are not met, the Town may file a motion with the District Court of Weld County requesting that the hearing on the organization of the Districts be delayed until such conditions are met, and Developer has represented that it will not oppose such motion. Further, if any of the above-stated conditions (a) through (e) are not met, the Town may pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the Service Plan of Neighbors Point Metropolitan District, as set forth in Exhibit A to this Resolution and dated October 6, 2004, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.S(l)(c), C.R.S., and subject to the revisions set forth in Exhibit B. Section 6. That a certified copy of this Resolution be filed in the records of the Town of Firestone and submitted to the Developer for the purpose of filing in the District Court of Weld County for further proceedings concerning Neighbors Point Metropolitan District. RESOLVED, ADOPTED AND APPROVED this~ day of October, 2004. I CERTIFICATE I, Judy Hegwood, Town Clerk of the Town of Firestone, Colorado, do hereby certify that the above and foregoing is a true, correct and complete copy of a resolution adopted by the Board of Trustees of the Town of Firestone, Colorado, at a public meeting held on the ']!:_ day of October, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Firestone, Colorado, this :r:!:_ day of October, 2004. (SE AL) EXHIBIT A (Copy of Service Plan) EXIIlBITB REVISIONS TO NEIGHBORS POINT METROPOLITAN DISTRICT SERVICE PLAN (Firestone Board of Trustees Meeting, October 7, 2004) 1. Page 2, list of consultants, correct phone and fax numbers for Developer. 2. Page 3, fust line of paragraph b., change "financing plan" to "financial plan." 3. Page 4, 8th line under "II. Purpose of the Proposed District," change "Financing Plan" to "Financial Plan." 4. Page 8, line 2, change "Debt Limitations" to "debt limit." 5. Page 10, 1st line ofIV.g., change "Article V.h." to "Article IV.h." 6. Page 11, 13 th line, delete "calendar." 7. Page 12, 4 th line under "h. Ownership and Operation of Facilities by the District," after "provided in" insert "Article." 8. Page 16, lines 3-4, change "Article V.f. with respect to Refunding Bonds" to "Article V.g. with respect to refunding bonds." 9. Page 21, 5th line ofV.e., after "District" insert "debt service." 10. Page 21, 8th line of V.e, after "constitutional provision" insert "(which changes shall be determined in relation to 2004 as the base year)." 11. Page 21, 3 rd line of V .f, add space between first and second sentence. 12. Page 22, 9th line ofV.g, add period after ("Investor Suitability"). 13. Page 23, starting on 2nd line of V .i., revise second and third sentences of paragraph to read as follows (changes shown in bold underline and strikeout): "The mill levy imposed by the District for debt service purposes shall not exceed fifty (50.000) mills, and the mill levy for administration. warranty maintenance and other operating expenses shall not exceed six (6.000) mills. except for Gallagher adjustments permitted under Article V.e. above. Although the mill levy imposed may vary depending on the phasing of facilities anticipated to be funded, it is estimated that a mill levy of approximately forty-five and nine hundred seventy-nine one thousandths ef eee ( 45.979) mills will produce revenue sufficient to support debt service and administration, warranty maintenance and other operating epeFBtiees eed "A'&ffftety meieteeeeee expenses throughout the repayment period." 14. Page 28, 6 th line of second paragraph, after "elects)" insert the following: "to such extent as is necessary to adequately provide for the payment of such financial obligations." 15. Page 28, 7th line of second paragraph, change "the developer, the developer" to "the Developer, the Developer." 16. Page 33, revise XV.3 to read in full as follows (changes shown in bold underline: "Any change in the types of improvements or change of more than fdteen percent (15%) in the estimated costs of improvements from what is stated in Exhibit E of this Service Plan;". 17. Exhibit F, delete sanitary sewer exhibit, add park and recreation improvement exhibit, and add PUD development plan map(s) (or similar map(s) acceptable to Town) as part of this Exhibit to further depict intended development. 18. Exhibit H, Underwriter's Letter: Provide copy of "Letter of Intent" showing signature on behalf of District Organizers. 19. Exhibit H, Underwriter's Letter: In second letter, insert at beginning of final paragraph: "In the process of underwriting bonds for a non-rated residential metropolitan district, one key criterion is the level of homebuilder activity. Methods of evaluating such activity include contracts for sale of land in the District to builders, closing of land in the District to builders, model home construction and home sales activity, building permits and certificates of occupancy. Accordingly, this Service Plan includes "Development Thresholds" for issuance of non-rated debt based on building permits and certificates of occupancy in the District." Revised letter should be re-dated on or about date of hearing on Service Plan. 20. Exhibit H, Developer's letter supporting projections, submit new original letter that is dated on or about date of hearing on Service Plan. 21. Exhibit I, Legal Counsel Letter: In 6th line of first paragraph, delete "and amendment thereto". Revised letter should be re-dated on or about date of hearing on Service Plan. 22. Exhibit K, Part 1, Developer Indemnity Letter, correct spelling of Partnership in signature block. Provide prior to District Court hearing date evidence acceptable to Town of the signatory's power to sign for the partnership. Revised letter should be re-dated on or about date of hearing on Service Plan. 23. Exhibit L, form of Disclosure Statement: Delete "Town of Firestone" from heading and from first line under "District Organization." In 5th line under "District Purpose," insert "other" between "or" and "governmental". Under "Tax Levy Information," change 5th sentence to read as follows: "Except for certain adjustments permitted by the Service Plan to compensate for legally required changes to residential valuation ratios, the District shall not impose a debt service mill levy in excess of fifty (50.000) mills and shall not impose a mill levy for administration, warranty maintenance and other operating expenses in excess of six (6.000) mills." 24. Exhibit M, change second line on cover page to read "Form of Town Disclaimer Statement". 25. Exhibit N, form of Intergovernmental Agreement: Change Section 6 to read as follows (changes shown in bold underline and strikeout): "6. ALLOCATION OF FINANCING PROCEEDS. The Parties agree, and the Town's approval of the Service Plan is expressly conditioned upon the requirement, that a total of One HundFed Eighty Swen Thousand FouF HundFed Fifty Eight DolleFS ($181,4S8.00) Eight Hundred Sixteen Thousand Five Hundred Seventy-Seven Dollars ($816,577.00) will be allocated from the District's net bond financing proceeds to the Town's capital improvements fund, which proceeds shall be paid to the Town at the time proceeds are realized from the issuance of bonds as provided for in the Service Plan. Such allocations shall be made in the amounts and at the times set forth in Article V .c. of the Service Plan, which Article is incorporated herein by reference as though set forth in full. Such allocations may be used by the Town to finance any stFeet OF peFI, OF FeeFeeaon capital improvemen~ (either within or outside the boundaries of the District) that the Town and the District would otherwise be euthomed to finenee, oF, upon egFeement of the Town end Distriet, feF any otheF eepitel impFo•;ement (eitheF within OF outside die boundaries of the Distriet) the Distriet would otheFWise lte empowered to construct, and for which the District is authorized to incur indebtedness. i.e., streets, traffic safety controls, street lighting, water, storm drainage, park and recreation or landscaping improvements and facilities. which improvements shall be of benefit to the Town and the District and shall be specifically identified in an amendment to this Agreement which amendment shall be fully executed prior to the issuance of any District bonds." The District acknowledges and agrees that the provisions of this Agreement and the provisions of the Service Plan for concurrent allocation of bond proceeds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of the District's Service Plan, and that the Town has relied thereon in approving the District's Service Plan. Therefore, the District agrees that it shall include in and make available from the District's bond financing proceeds such One HundFed Eighty Se,;en Thousand FouF HundFed Fifty Eight DolleFS ($181,4S8.00) Eight Hundred Sixteen Thousand Five Hundred Seventy-Seven Dollars {$816,577.00) to be paid to the Town's capital improvements fund. The District further agrees that it shall not issue bonds without concurrently allocating and delivering to the Town the funds required by Article V.c. of the Service Plan. The District further agrees that such delivery of bond proceeds to the Town shall be a condition of closing for each series of bonds. The District specifically agrees that the provisions of this Agreement and of the Service Plan for such concurrent allocation of bond proceeds to the Town shall run in favor of and shall be enforceable by the Town. The District represents and warrants that it has obtained all voter authorizations necessary to implement such provisions of this Agreement and the Service Plan, and that it will exercise its powers in accordance with and in furtherance of such provisions." 26. Exhibit N, form of Intergovernmental Agreement, 2nd line of Section 9 "Notice of Meetings," after "regular" delete comma and insert "or". 27. Exhibit N, form of Intergovernmental Agreement, revise Section 14 to read as follows: "14. VENUE. Venue for the trial of any action arising out of any dispute hereunder shall be in the 11ppFopFi11te distriet eouFt of the Stete of ColoF11do puFSuent to the 11ppFOpri11te FHles of ewil pFoeeduFe Weld County District Court." 28. Exhibit N, form of Intergovernmental Agreement, 3rd line of Section 15, insert comma after "deemed to". TOWN OF FIRESTONE, COUNTY OF WELD, STA TE OF COLORADO IN RE THE ORGANIZATION OF COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT AND COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 04-45 RESOLUTION OF APPROVAL WHEREAS, pursuant to the provisions of Title 32, Article I, Part 2, C.R.S. as amended, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado, following due notice, held a public hearing on the proposed Service Plans for Cottonwood Hollow Commercial Metropolitan District and Cottonwood Hollow Residential Metropolitan District, which hearing was concluded on October 14, 2004; and WHEREAS, the Board of Trustees has considered the Service Plans and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plans for Cottonwood Hollow Commercial Metropolitan District and Cottonwood Hollow Residential Metropolitan District, should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1- 204.5(1 )(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of Del Camino East Properties, L.L.C., a Colorado limited liability corporation, (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed Service Plans for Cottonwood Hollow Commercial Metropolitan District and Cottonwood Hollow Residential Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of these proposed special districts pursuant to Title 32, Article 1, part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the Service Plans and other evidence presented by and on I behalf of the Developer, that, as to each of the Districts: (a) There is sufficient existing and projected need for organized service in the areas to be serviced by the proposed District; (b) The existing service in the areas to be served by the proposed District is inadequate for present 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 each proposed districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and ( e) The creation of the proposed Districts will be in the best interests of the areas proposed to be served. Section 4. That pursuant to Section 32-1-204.S(l)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plans: (a) The Developer agrees that the Town Attorney will be given reasonable notice of all proceedings in the District Court of Weld County relating to the organization of the Districts (including notice as described in Section 32-1-304, C.R.S.). (b) The Developer agrees that, prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., all fees and expenses which have been submitted to the Developer for payment by or on behalf of the Town or its attorneys or financial or other advisors shall have been paid in full. (c) Prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., the District shall fully comply with the provisions of Section 32-1-107(3), C.R.S. with respect to the overlapping of service areas. The District's authorization to provide services or facilities within any overlapping area is expressly conditioned upon the Districts first obtaining the written consent of each and every district whose service area is so overlapped. (d) Prior to the Mayor's execution of this Resolution, the fully and properly executed originals of the following documents will be submitted for the proposed Districts: the engineer's statement of reasonableness of capital costs; accountant's letters and forecasts; letter in support of market projections and absorption rates; underwriter's letter; legal counsel letters; bond counsel letter, and Developer's indemnity letters that are required under the Service Plan and set forth in Exhibits E, G, H, I, J and K part I, to the Commercial Metropolitan District Service Plan and to the Residential Metropolitan District Service Plan, shall be provided to the Town. 2 ( e) At its organiz.ational meetings, each District shall execute its District indemnity letter, and the intergovernmental agreement with the Town ("IGA") that are required under the respective Service Plans and set forth in Exhibits K part II, and N to the Commercial Metropolitan District Service Plan and to the Residential Metropolitan District Service Plan, and shall provide the fully executed originals of the District indemnity letters and the IGAs, to the Town. If any of the above-stated conditions (a) through (d) are not met, the Town may file a motion with the District Court of Weld County requesting that the hearing on the organization of the Districts be delayed until such conditions are met, and Developer has represented that it will not oppose such motion. Further, if any of the above-stated conditions (a) through (e) are not met, the Town may pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the Service Plan of Cottonwood Hollow Commercial Metropolitan District, as set forth in Exhibit A to this Resolution and dated October 13, 2004, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1- 204.S(l )(c), C.R.S., and subject to the revisions set forth in Exhibit C. Section 6. That the Service Plan of Cottonwood Hollow Residential Metropolitan District, as set forth in Exhibit B to this Resolution and dated October 13, 2004, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1- 204.S(l }(c), C.R.S., and subject to the revisions set forth in Exhibit D. Section 7. That a certified copy of this Resolution be filed in the records of the Town of Firestone and submitted to the Developer for the pwpose of filing in the District Court of Weld County for further proceedings concerning Cottonwood Hollow Commercial Metropolitan District and Cottonwood Hollow Residential Metropolitan District. RESOLVED, ADOPTED AND APPROVED this j tf" day of October, 2004. ,COLORADO Mayor IO/IS/2004 7:29 AM (sjl] Y:\F"IJ'eSlonc'IM.etropolitan Oislrias\CottcmwoodHoDowApprovalResl.doc 3 CERTIFICATE I, Judy Hegwood, Town Clerk of the Town of Firestone, Colorado, do hereby certify that the above and foregoing is a true, correct and complete copy of a resolution adopted by the Board of Trustees of the Town of Firestone, Colorado, at a public meeting held on the I 4"" day of October, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Firestone, Colorado, this / r.r" day of October, 2004. TOWN ···• .. . ' SEAL ···........ . .... ···_: 4 EXHIBIT A (Copy of Commercial Metropolitan District Service Plan) EXHIBITB (Copy of Residential Metropolitan District Service Plan) 5 EXHIBITC REVISIONS TO COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT SERVICE PLAN (Firestone Board of Trustees Meeting, October 14, 2004) I. Page 5, 10th line under III, revise the sentence beginning with "The current and ... " to read as follows: "The current population of the District is zero (O); the estimated daytime population of the District at full build-out is one thousand and forty-five (1,045)." 2. 6, line 1, change "commercial" to "Planned Unit Development, for Regional Commercial and Employment Center uses." 3. Page 14, 2nd line under "V. Financial Plan," after "limitations," strike "associated with" and insert "and other financial requirements and restrictions for". 4. Page 17, lines 17-20, delete sentence beginning with "In the event" and ending with "Service Plan." 5. Page 18, line 4, after "authorized to" delete "issue bonds" and insert "incur any financial obligations of any kind or perform any other functions authorized under this Service Plan". 6. Page 19, lines 8-9, delete the phrase "attributable to inflation and biennial revaluation factors" and the phrase "for those factors". 7. Page 20, line 2, insert new sentence before sentence beginning with "The District is not authorized ... ," to read as follows: "The District is not authorized to impose any development fees or user charges as part of this Service Plan." 8. Page 20, 5th line ofV.e, after "mills" insert "for debt service purposes". 9. Page 20, 7th line ofV.e., change "Commercial" to "commercial". 10. Last line of page 20 and first line of page 21, after "District" close parentheses and delete", including both Commercial and commercial property''. 11. Page 21, line 5, after first "District" insert "debt service". 12. Page 22, 4th line under V.h., change "N.a" to "V.a" 13. Page 22, 8th line under V.h., insert new sentence before sentence beginning with "Such notes shall not ... ," to read as follows: "The repayment of construction financing notes from proceeds of an equal or lesser principal amount of the District's bonds shall not be treated as an increase in the principal amount of District debt for purposes of the debt limit under this Service Plan." 14. Page 22, 13 th line under V.h, insert following after "Commission": ", and the 6 Developer agrees that it will also be such an accredited investor if and when it acquires such notes." 1 S. Page 31, last line of Article XII, after "bondholders" insert", investors, lenders". 16. Exhibit E, submit prior to organizational election date a statement from the Engineer clarifying which drawings were used to calculate the costs estimates. (The spreadsheets reference 4/9/03 plans and the letter references 10/16/03 plans). 17. Exhibit G, Market Projections, submit prior to organizational election supplemental information explaining how the market studies relate to the schedules of estimated assessed valuation also contained in Exhibit G. 18. Exhibit J, Bond Counsel Letter, submitted updated letter that correctly quotes language taken from Service Plan text; also, change "our" to "or" in third line below quoted provision of Service Plan. 19. Exhibit K, Part II, in Section 2 of District Indemnity Letter, change reference from "Exhibit K" to "Exhibit M". 20. Exhibit L, Form of Disclosure Notice, revise second and third to last sentences to read as follows (changes shown in underline and stl'il,e01H): The financial forecast for the District (as set forth in its Service Plan) assumes that the District will be able to set its tax levy at approximately forty ( 40.000) mills or less for 2006 through 204Q;!W.'.7 for debt service and administration purposes~ (subject to Eno0J)t fer eert&iR aeij1::1stFH.eats peFHlitte8 by Hie Sen•ioe PlaA te eompeRsate fflr legally required changes in commercial residential valuation ratios),, Except for adjustments permitted by the Service Plan for such changes in commercial valuation ratios, the District shall not impose a debt service mill levy in excess of forty ( 40.000) mills and shall not impose a mill levy for administration, warranty maintenance and other operating expenses in excess of six (6.000) mills. 21. Exhibit N, change title of Section 4 to read "Town Approval Requirements; Review of District Submittals." 7 EXHIBITD REVISIONS TO COTTONWOOD HOLLOW RESIDENTIAL METROPOLITAN DISTRICT SERVICE PLAN (Firestone Board of Trustees Meeting, October 14, 2004) 1. Page 6, line 4, change "agricultural" to "Planned Unit Development, for residential uses". 2. Page 14, 2 nd line under "V. Financial Plan," after "limitations," strike "associated with" and insert "and other financial requirements and restrictions for''. 3. Page 16, lines 12 through 14 under V.b, change "sixty (60)" to "thirty-six (36)" and change "Six Million Three Hundred Ninety Thousand One Hundred Forty-Six Dollars ($6,390,146.00)" to "Four Million Six Hundred Seventy-Five Thousand Sixty-Three Dollars ($4,675,063.00)". 4. Page 17, change lines 3 through 9 to read as follows (changes shown in underline and stril.eeut): "(FepFesentiHg, tegetheF with wulevelepeEi hmEi in the Distriet, a tetal ef appF01Eimately Se,·en Millien Se,·en HIIREireEi Ferty Eight Tl!e11s11REi Se\·en HooEireEi Five DellaFS ($7,748,705.00) ie assesses ,·al11atiell), and one hundred fifty-six (156} fellrteen (114) remaining residential units have received building permits (representing, together with the one hundred thirty (130) units which have received certificates of occupancy and together with undeveloped land in the District, a total of approximately Seven Million Seven Hundred Forty-Eight Thousand Seven Hundred Five Dollars ($7,748,705.00} Nine Millien One HIIREireEi SiKty One The11s11REi Siii H11REireEi Se,·enty DellaFS ($9,Hil,ti70.00) in assessed valuation), and all public improvements serving such residential ... ". 5. Page 17, lines 17-20, delete sentence beginning with "In the event" and ending with "Service Plan." 6. Page I 8, lines 4-7, delete sentence beginning with "In the event" and ending with "Service Plan." 7. Page 19, lines 18-19, delete the phrase "attributable to inflation and biennial revaluation factors" and the phrase "for those factors". 8. Page 20, line 12, insert new sentence before sentence beginning with "The District is not authorized ... ," to read as follows: "The District is not authorized to impose any development fees or user charges as part of this Service Plan." 9. Page 21, 5th line ofV.e, after "mills" insert "for debt service purposes". 10. Page 21, 15 th line ofV.e, after first "District" insert "debt service". 11. Page 23, line 5, ·insert new sentence before .sentence beginning with "Such notes shall not...," to read as follows: "The repayment of construction financing notes from proceeds of an equal or lesser principal amount of the District's bonds shall not be treated as an increase in the principal amount of District debt for purposes of the debt limit under this Service Plan." 12. Page 23, line 10, insert following after "Commission": ", and the Developer agrees that it will also be such an accredited investor if and when it acquires such notes." 13. Page 29, 5th line under Article X, change "Exhibit M" to "Exhibit N". 14. Exhibit E, submit prior to organizational election date a statement from the Engineer clarifying which drawings were used to calculate the costs estimates. (The spreadsheets reference 4/9/03 plans and the letter references 10/16/03 plans). 15. Exhibit G, Market Projections, submit prior to organizational election supplemental information explaining how the market studies relate to the schedules of estimated assessed valuation also contained in Exhibit G. 16. Exhibit J, Bond Counsel Letter, submitted updated letter that correctly quotes language taken from Service Plan text; also, change "our" to "or" in third line below quoted provision of Service Plan. 17. Exhibit K, Part II, in Section 2 of District Indemnity Letter, change reference from "Exhibit K" to "Exhibit M". 18. Exhibit L, Form of Disclosure Notice, revise second and third to last sentences to read as follows (changes shown in underline and stfil,eollt): The financial forecast for the District (as set forth in its Service Plan) assumes that the District will be able to set its tax levy at approximately forty-five and nine hundred seventy-nine one thousandths (45.979) mills or less for 2006 through 2037 for debt service and administration purposes~ (subject to E1rnept fer eertain adjootments peffflitted by the Serviee Plan to eompensate fer legally required changes in residential valuation ratios 1, Except for adjustments permitted by the Service Plan for such changes in residential valuation ratios. the District shall not impose a debt service mill levy in excess of fifty (50.000) mills and shall not impose a mill levy for administration, warranty maintenance and other operating expenses in excess of six (6.000) mills. 19. Exhibit N, fourth line of Section 2, change "''Neighbors Point" to "Cottonwood Hollow". RESOLUTION NO.ut~':i/o A RESOLUTION ACCEPTING THE DONATION AND CONVEYANCE OF LOTS 2 AND 3 OF THE FIRESTONE SAFEWAY SUBDIVISION FROM ALBERT A FIRESTONE, LLC. WHEREAS, Lots 2 and 3 of the Firestone Safeway Subdivision ("Property"), are unimproved lots which are, respectively, 47,666 square feet and 77,050 square feet in size; and WHEREAS, Alberta Firestone, LLC, the current owner of Property, has proposed donating the Property to the Town of Firestone; and WHEREAS, the Board of Trustees finds that such proposed donation is beneficial to the Town;and WHEREAS, the Board of Trustees desires to accept such donation and hold the Property as a general asset of the Town, and not for park or governmental purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J. Ownership in fee simple of Lots 2 and 3, Firestone Safeway Subdivision, Town of Firestone, County of Weld, State of Colorado, is hereby approved and accepted by the Town of Firestone. Section 2 Such ownership shall be evidenced by the Town's acceptance and recording of a warranty deed conveying the Property from Alberta Firestone, LLC, to the Town. The acceptance of such donation is upon condition that, upon such acceptance, fee title to the Property shall be marketable and insurable in the name of the Town. The Board of Trustees hereby approves the attached form of deed for donation and conveyance of the Property. Section 3. The Town takes title to the Property as a general asset of the Town. The Property is not being donated or accepted for park or governmental purposes, and shall not be held or used for such purposes unless and until the Board of Trustees by subsequent ordinance or resolution identifies and dedicates all or a portion of the Property to be used or held for park or governmental purposes of the Town. Section 4 The Mayor and Town Staff are authorized to execute all documents and to do all things necessary on behalf of the Town to effect the Town's ownership of the Property. INTRODUCED, READ, and ADOPTED this~ day of De.Johe C , 2004. 100Ul.004 3:34 PM (e.ii) Y:\rtrCStOne\Rcsolution\DonmionSafewayLots.doc TOWN OF FIRES Michael P. Simone Mayor COLORADO RESOLUTION NO. 04-.!:fl_ A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR COLORADO COMMUNITY BANK ON LOT 7, BLOCK 2, FIRESTONE CENTER SUBDMSION. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan for Colorado Community Bank on Lot 7, Block 2, Firestone Center Subdivision; and WHEREAS, all materials related to the proposed Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, tbe Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan, and has forwarded to tbe Board of Trustees a recommendation of approval of such plan with conditions; and WHEREAS, tbe Board of Trustees has duly considered the proposed Final Development Plan, and has held a properly noticed public hearing on tbe application; and WHEREAS, the Board of Trustees finds that tbe proposed Final Development Plan for Colorado Community Bank should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Development Plan for Colorado Community Bank on Lot 7, Block 2, Firestone Center Subdivision, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. .st INTRODUCED, READ, and ADOPTED this ::2_ / day of O cto b._e r , 2004. .... ··•. •'1o~ll • .. \ TI%~~_ .. ; Michael P. Simone Mayor EXHIBIT A Final Development Plan Conditions of Approval Colorado Community Bank General I. Fix typos in all documents. 2. Remove references to "proposed" uses that specifically relate to this FDP. 3. Provide a materials board for the architectural elevations, trash enclosure and retaining wall. 4. Modify the site plan to have a minimum 4-foot landscape strip along the eastern side of the Cimarron Street sidewalk and landscape the strip consistent with the peripheral landscaping to the north. Final site plan modifications and landscape design shall be as approved by the Town Planner. FDP Sheet 1 5. In the T.ot Setbacks section, replace the existing text with: "Actual building setbacks are as shown on Sheet 2". 6. In the Architectme section, note that the materials used for the exterior of the trash enclosure and the retaining wall shall be similar and compatible in color, texture and style to the main building. 7. In the Packing section, identify the parking ratio as I space per 227 square feet of building. 8. In the Acceptance Black and Notary, remove "Overall". 9. The CBT calculations shall be acceptable to the Town Engineer, and the CBI Requirements section shall be revised as necessary. Sheet 2 I 0. Remove building setback line. Sheet 3 11. Reference the specific rock retaining wall material presented at the Planning Commission and Town Board public hearings and modify plan text accordingly. 12. Label the retaining wall. 2 Sheet4 13. Identify any existing trees planted in Tract D. 14. Identify the color of the gate on the trash enclosure so that is consistent with the color scheme of the main building. Final color selection shall be approved by the Town Planner. 15, Note all exterior material colors for the sign. 16. Add a note describing the lighting for the monument sign as backlit. The final sign detail shall be approved by the Town Planner. 17. Provide additional landscape area and colorful, low-growing plant material at the very southeast portion of the site between the curb and property line. Final plant material shall be as approved by the Town Planner. 18. Make the "CCH" tree two-inch caliper in size. Sheet 6 19. Use a larger font for the General Note text. 20. Provide irrigation for the strip along the southern boundary. 21. Provide general dimensions. 22. Note architectural materials and colors on elevations, which shall be the same on the submitted materials board. 23. Provide specific sign details, including dimensions and colors. Final sign details shall be as approved by the Town Planner. Sheets 9-12 24. Modify pursuant to comments from the Town Engineer. Sheets 13 25. Add proper title block and Firestone Information Block. Technical Reports 26. Provide and modify any technical information required by the Town Engineer. Additional Conditions 3 27. Exclude this property from the Mountain View Fire Protection District and include it into the Frederick-Firestone Fire Protection District. 28. Update the development schedule section in the text. 29. Note that there shall be no lighted signs on the rear of the building. 30. Show entrance lighting, including type. 31. Provide low-growing landscaping between ditch and the parking lot. Such plant selection shall be subject to final approval by the Town Planner. 32. Clarify the location of ATM so that it is consistent with the location presented at the Planning Commission and Board public hearings. 33. Widen entrance to provide 40' width instead of30'. l!Yll/200412:00PM[sjl]Y:IY~P.TB.rcs 4 RESOLUTION NO. 04-4 ~ A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR ENCANA ENERGY RESOURCES, INC., TO LOCATE AN OIL AND GAS WELL WITHIN THE TOWN OF FIRESTONE WHEREAS, EnCana Energy Resources, Inc. (hereinafter "EnCana") has submitted to the Board of Trustees of the Town of Firestone a request for a special use permit to locate within the Town an oil and gas well referred to as the proposed Wan dell 23-7 well, the proposed surface location of which is more particularly described in Exhibit A attached hereto; and WHEREAS, EnCana has submitted an application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, pursuant to Chapter 15.32 of the Firestone Municipal Code, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the proposed special use permit and has forwarded its recommendation to the Board of Trustees; and WHEREAS, the Board of Trustees has duly considered the proposed special use permit and Planning and Zoning Commission recommendation, and has held a properly noticed public hearing on the application, at which hearing the applicant and other interested persons presented testimony to the Board and at which a number of documents were made a part of the record; and WHEREAS, the Board of Trustees by Resolution No. 04-01 previously denied a special ·use permit request for an alternative surface location for the Wandell 23-7 well, which denial is the subject of a pending civil action in Weld County District Court, Case No. 04CV171 (the "Case"); and WHEREAS, EnCana and the Town have entered into a Settlement Agreement and General Release ("Agreement") to resolve the Case, which Agreement anticipates the relocation of the Wandell 23-7 well to the location described in Exhibit A, subject to EnCana's receipt of a special use perm ii for the well relocation and the other terms of the Agreement; and WHEREAS, the Board of Trustees finds that the proposed surface relocation of the Wandell 23-7 well, in accordance with the terms of the Agreement, is in the best interest of the Town and its citizens; and WHEREAS, the Board of Trustees finds that, pursuant to Chapter 15.48 and in furtherance of resolution of the Case, the proposed special use permit for the proposed Wandell 23-7 well, in the new surface location set forth on Exhibit A, should be approved. 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the special use permit request of EnCana Energy Resources, Inc. for location of the Wandell 23-7 Well in the location more particularly described in Exhibit A hereto. ..µ.. INTRODUCED, READ, AND ADOPTED this.!!.__ day of f7 0 (J( ht. ber 2004. ATTEST: ---- 10VJN·····• ...... Sf.~L ••·... . ..... ·-.. .. .. 2 TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor EXHIBIT A: Well Location The approximate surface location of the Wandell 23-7 Well is 1991 feet from the north line and 744 feet from the west line of Section 7, Township 2 North, Range 67 West, 6th P.M., being located in the SWl/4NWl/4 of said Section 7. The bottom hole location of such well is 2040 feet from the south line and 1800 feet from the west line of said Section 7. I \/412004 2: 59 PM[ sjlJF;\Company\Fircstonc\Sub:livision\EncmmZJ-7Wcll.No,'04(npprovul).TB,res 3 RESOLUTIONNO. 01-L/9 A RESOLUTION ADOPTING THE NORTHEAST COLORADO EMERGENCY MANAGERS (NCEM) MULTI-HAZARD MITIGATION PLAN WHEREAS, the Town of Firestone recognizes the threat that natural hazards pose to people and property within the community; and WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and WHEREAS, an adopted Multi-Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple Federal Emergency Management Agency pre-and post-disaster mitigation grant programs; and WHEREAS, the Town of Firestone is located within the I I-county NCEM Planning Area, and fully participated in the NCEM mitigation planning process to prepare the Multi-Hazard Mitigation Plan; and WHEREAS, the Colorado Office of Emergency Management and Federal Emergency Management Agency, Region VIII officials have reviewed the NCEM Multi-Hazard Mitigation Plan and approved it contingent upon official adoption of the participating governments and entities; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestonet hereby approves and adopts the NCEM Multi-Hazard Mitigation Plan as an official mitigation plan of the Town; and Section 2 The NCEM will an is hereby authorized, on behalf of the Town of Firestone, to submit this Adoption Resolution to the Colorado Office of Emergency Management and Federal Emergency Management Agency, Region VIII officials to enable the NCEM Multi-Hazard Mitigation Plan's final approval. INTRODUCED, READ, and ADOPTED this t_/-fh day of n 01.H m.bt r 2004. LORADO Michael P. Simone Mayor RESOLUTION NO. 04~50 A RESOLUTION CLARIFYING AND AMENDING RESOLUTION NO. 04-30 WHEREAS, on October 30, 2003, Firestone entered into an Intergovernmental Agreement ("IGA'') with the Frederick-Firestone Fire Protection District. Pursuant to the !GA, Frederick-Firestone Fire Protection District is contractually obligated to provide fire prevention, fire suppression, emergency rescue, emergency medical and emergency hazardous materials services to all areas currently located within the Town of Firestone, and all areas that subsequently are annexed to the Town of Firestone; and WHEREAS, paragraph 5 of the !GA expressly defines "emergency medical services" to include " ... Basic Life Support (BLS) and Advanced Life Support (ALS) medical care ... and emergency transport services ... " to all areas within the Town's boundaries; and WHEREAS, on June 10, 2004, the Board of Trustees adopted Resolution No. 04-30. Pursuant to Resolution No. 04-30, Firestone agreed to provide " ... fire prevention, fire suppression, rescue, hazardous materials and emergency medical services." The term "emergency medical services" in Resolution No. 04-30 was intended to, and does, have exactly the same meaning as defined in the !GA, which !GA was referenced in Resolution No. 04-30; and WHEREAS, pursuant to §29-1-203, C.R.S., a fire protection district and an ambulance district may contract with one another to provide any function, service, or facility lawfully authorized to be provided by the fire protection district or the ambulance district; and WHEREAS, on October 23, 2003, the Frederick-Firestone Fire Protection District entered into an Intergovernmental Agreement ("Tri-Area !GA'') with the Tri Area Ambulance District. Pursuant to the Tri-Area !GA, the Tri-Area Ambulance District is contractually obligated to provide Advanced Life Support (ALS) licensed ambulances and certified crews for emergency medical services, including Basic Life Support (BLS) and ALS medical care, and emergency transport services to all areas within the Frederick-Firestone Fire Protection District; and WHEREAS, on October 22, 2004 the Mountain View Fire Protection District ("Mountain View'') filed an Answer in Civil Action No. 1960CV15022, Boulder County District Court. In its Answer, Mountain View incorrectly asserts that Firestone did not agree to provide ambulance services by its Resolution No. 04-30; and WHEREAS, the Board of Trustees believes Resolution No. 04-30, when read in conjunction with the !GA, expressly states that Firestone agrees to provide ambulance services; however, to remove any doubt about the scope of services to be provided by Firestone, and to cut short any further argument by Mountain View on this issue, the Board of Trustees adopts this Resolution, which clarifies and amends Resolution No. 04-30. \DlARO\MISC\6T3N011.DOC 10157.7002 #317651 vi NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Resolution No. 04-30 is clarified by amending Section I to read: The Town of Firestone agrees to provide all services that the Mountain View Fire Protection District is authorized to provide pursuant to the Special District Act, C.R.S. §32-1-101, et seq., including but not limited to, fire prevention, fire suppression, rescue, hazardous materials, ambulance and emergency medical services, and transport (collectively, "Fire Service"), directly or through an Intergovernmental Agreement with the Frederick-Firestone Fire Protection District or another Fire Services provider, to all real property that is located within the jurisdiction of the Mountain View Fire Protection District and that has been or will be annexed to the Town of Firestone, immediately on or after the effective date of any order(s) excluding the property from Mountain View Fire Protection District's jurisdiction. Section 2. This resolution is effective upon its approval by the Board of Trustees. ,id APPROVED on the _J:!!.._ day of December, 2004. /'··;~v,.ita"'•,\ sEJ\L ...... __ ./ Clerk APPROVED AS TO FORM: Light, Harrington & Dawes, P.C. Town Attorney \OJARO\MTS06T3N0l!.CX>C 10157.7002 11317651 vi 7r; Michael P. Simone Mayor COLORADO RESOLUTION NO. 04-5/ A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR FIRSTBANK OF NORTHERN COLORADO WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for FirstBank of Northern Colorado, on Lot 3, High Plains Marketplace, Town of Firestone; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan for FirstBank of Northern Colorado, on Lot 3, High Plains Marketplace, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED thisl day of December, 2004. Al"'"':"'"-.. .-•••·;OWN •..••••• .. \ ' SEAL . : ·····..... __ .. .: ' c;;J:r:t1,,ak~ Town Clerk TOWN OF FIRESVWRADO ·~~ Michael P. Simone Mayor EXHIBIT A Final Development Plan Conditions of Approval FirstBank of Northern Colorado I. The property shall be excluded from the Mountain View Fire Protection District and included in the Frederick Firestone Fire Protection District. 2. Prior to recording the FOP, the applicant shall provide an updated title commitment for Town review. 3. Modify documents pursuant to comments from the Town Engineer. 4. Add height of building on Sheet 2. 12f2f2004 8:0S AM {cdl} Y:\F'lfCSlOnc\Subdivislons\ist Bank.FOP.TB.res (dndl-o:ll),doc 2 RESOLUTION NO. 04--5.J, A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR US ALLIANCE CREDIT UNION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final plat and final development plan for US Alliance Credit Union, for Lot I, Block 3 of the Del Camino Junction Business Park PUD; and WHEREAS, all materials related to the proposed final plat and final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final plat and final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sertino ] The Board of Trustees of the Town of Firestone does hereby approve the proposed final plat and final development plan for US Alliance Credit Union, for Lot I, Block 3 of the Del Camino Junction Business Park PUD, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. nd INTRODUCED, READ, AND ADOPTED this .J day of December, 2004. .. •···;owN······•. l .._ SEAL ) \........ . ... ! ~~Wa~ own Cler!( TOWN OF FIREVOLORADO Jr}/Y Michael1P. Simone · Mayor FDP General EXHIBIT A Final Plat Final Development Plan Conditions of Approval US Alliance Credit Union I. Remove the word "proposes" relative to statements that should be affirmative in the FDP ( e.g. in the Project Concept section). 2. Fix typos (e.g. "it's" in the Sign Program section). 3. Remove references to the annexation of the property as such action is not a part of this application. 4. Number all sheets in sequence. Add a sheet number for Sheet 7 in the Firestone lnformation Block. 5. Provide an architectural "materials board" at the public hearing. 6. Modify documents pursuant to comments from the Town Engineer. 7. Modify documents pursuant to comments from the Town Attorney. Sheet I 8. In the Private Maintenance and Enforcement section, note that the property owner will be responsible for maintenance and remove the signature blocks. 9. Create a new text section titled CBT Requirements. In that section, show water demand calculations pursuant to direction from the Town Engineer. 10. Modify the Owner's Acceptance Block to be consistent with the requirements of the Firestone Development Regulations. 11. Modify the Town Approval Block to be consistent with the Firestone Development Regulations. Sheet 2 12. Clarify where the dimensioned distances on the boundaries start and stop (e.g. "103.10- feet"). Sheet 3 13. Label asphalt pavement and asphalt and concrete curb areas. 2 Sheet 7 14. Use bluegrass seed instead of"Seeded Turfgrass" mix on the east and north sides of the site. Transition with a soft edge to seeded turfgrass mix behind landscaping on the west side. 15. Identify the existing type oflandscaping materials between the property line and the edge of Frontage Road pavement. Sheet I I 16. Provide a lighting plan and site lighting details for all signs, including details on which signs and portions of signs are to be lit and/or backlit. The plan and details shall be subject to approval by the Town Engineer and Town Planner. 17. Revise notes on the trash enclosure detail to be consistent; the final notes shall be subject to approval by the Town Engineer and Town Planner. Clarify the materials being used. Additional Caoditiaas 18. Exclude the property from the Mountain View Fire Protection District; include in the Frederick Firestone Fire Protection District. 12/lf2004 8:14 AM (cdl) Y:\Frrestone\Subdivisions\US AllianocCU.Rq,lat FOP.TB.res (dnd\-cdl),doc RESOLUTION NO. 04-S3 A RESOLUTION APPROVING A FINAL SUBDIVISION REPLA T AND FINAL DEVELOPMENT PLAN FOR ARM PETROLEUM WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision replat and final development plan for a retail building by ARM Petroleum, for Lots 2 and 3, Block 3 of the Del Camino Junction Business Park PUD; and WHEREAS, all materials related to the proposed final replat and final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final replat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final replat and final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J. The Board of Trustees does hereby approve the proposed final subdivision replat plat and final development plan for ARM Petroleum, for Lots 2 and 3, Block 3 of the Del Camino Junction Business Park PUD, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. J INTRODUCED, READ AND ADOPTED this J__ day of December, 2004 . .. •··· ····•• / 10\NN \ : . Sf.~L TTEST: / ···..... . ... •·· Michael P. Simone Mayor FDP Genera] EXHIBIT A Final Development Plan and Subdivision Replat Conditions of Approval ARM Petroleum I. Fix typographical error (e.g. "handicap" in Parking section). 2. Modify documents pursuant to comments from the Town Engineer. 3. Prior to recording the FOP, a replat of Lots 2 and 3, Block 3, Del Camino Junction Business Park PUD shall be recorded defining the lot described in the FOP. Sheet 1 4. Revise the legal description for the FOP to read "Lot 1, ARM Petroleum Subdivision, a replat of Lots 2 and 3, Block 3, Del Camino Junction Business Park PUD." Revise the legal description noted in the Title Block as well. 5. In the Parking section, replace 8' with 9', to be consistent with the Site Plan. 6. In the Utilities section, note that all utilities shall be screened or camouflaged. 7. Create a new text section titled "CBT Requirements." In that section, show water demand calculations pursuant to direction from the Town Engineer. Sheet 3 8. Clarify if there is a curb between item 7 and item 8. 9. Add parking lot directional striping and arrows to assure safe traffic flow routes into the site. 10. Note on the FOP the locations for the two stop signs at the further southern exit. 11. Provide further details/notes clarifying how the circulation system will function, which information shall be subject to review and approval by the Town Engineer and Town Planner. Sheet 7 12. Revise landscape plan to use bluegrass seed instead "Seeded Turfgrass" mix along the southern boundary of the site (to the point of curvature of the drive-through lane) and along entire eastern boundary. 13. Identify the existing type oflandscaping materials between the property line and the edge of Frontage Road pavement. 2 Sheet 1 1 14. Note color oflight pole, as presented at Town Board hearing. 15. Reduce the pole sign height to that of the Phillips 66 sign to the south. Additional Comments 16. Submit written copies of any traffic study updates. 17. Update and correct service providers. 18. The property shall be excluded from the Mountain View Fire Protection District and included in the Frederick Firestone Fire Protection District. 19. Add architectural detail by mirroring the columns on the north side of the building. 20. Show two directional arrows on the pavement for the drive-through lanes and throughout the parking lot. 21. Add a solid median, left turn only sign, or other means satisfactory to the City Engineer to redirect traffic out of the drive-through. Final Replat 22. Submit an updated title commitment and tax certificate. 23. Text spacing errors in the Ownership and Dedication block should be corrected. 24. The title for the replat should be revised to read as follows: FINAL PLAT ARM PETROLEUM SUBDIVISION A Replat of Lots 2 and 3, Block 3, Del Camino Junction Business Park PUD Town of Firestone Weld County State of Colorado 25. Revise references to the name of the plat in the Ownership and Dedication block and the Town Approval block in accordance with condition number three, above. 26. Delete the recording certificate for the Clerk and Recorder. lznn..004 8:20 AM (cdlJ Y:\Firestonc\Subdrvisiom\ARM Pctroluun.FDP.11l.rcs(draft-cdl).doe RESOLUTION NO. ~54 SERIES 2004 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR PATINA OIL & GAS CORPORATION TO LOCATE TWO OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Patina Oil & Gas Corporation (hereinafter "Patina" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone an application for a special use permit to locate within the Town an two oil and gas wells referred to as the Victoria U l-14Ji Well and the Victoria U l-12Ji Well; and WHEREAS, Patina has submitted the application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission on December 1, 2004 held a properly noticed public hearing on the proposed special use permit application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, after a duly-noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds the special use request for the Victoria U l-14Ji Well and the Victoria U l-12Ji Well should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees hereby approves the special use permit request of Patina Oil & Gas Corporation for location of the Victoria U I-14Ji Well and the Victoria U I-12Ji Well within the Town of Firestone, in the locations more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to moving the drilling rig onto the well site, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig equipment within the Town and County. 6. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interests of the Town that are caused by the Applicant. 8. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. I 0. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan aluminum or vinyl lathing. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well-maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 2 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. I 5. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. Pursuant to Section 15.48.040.C.4 and 6 of the Firestone Municipal Code, provide evidence that the proposed emergency response plan and fire protection plan are acceptable to the appropriate fire district. PASSED AND ADOPTED this~ day of (1c,,.,, tlJ r , 2004. .•• •···~~wN······· .. : ~ ~- Michael P. Simone Sf.AL Mayor \ TT.ESJ:; .. ··/ EXHIBIT A: Well Locations The approximate location of the Victoria Ul-12Ji Well is 2,180 feet from the south line and 791 feet from the west line of Section I, Township 2 North, Range 68 West. The approximate location of the Victoria Ul-14Ji Well is 673 feet from the south line and 2,047 feet from the west line of Section 1, Township 2 North, Range 68 West. Both locations lie between Roads I I (Birch Street) and 13 (Colorado Boulevard), north of Road 24 (Firestone Boulevard). I 2/2l2Cl04 5; 19 PM [sj\J \\2k.5c:Nci\company\Flrestonc\$ubdivisions\PatinaWell.sNov'04.Bd.rcs.doc • 4 RESOLUTION NO. 0'-/-55' A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, FOR ANNEXATIONS KNOWN AS THE HOMESTEAD AT FIRESTONE ANNEXATION NOS. ONE THROUGH FIVE TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, petitions for annexation of certain property, known as the Homestead at Firestone Annexation Nos. One though Five to the Town of Firestone, have been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. Section 3. in the petitions. No election is required under§ 31-12-107(2), C.R.S. No additional terms and conditions are to be imposed except any provided for Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petitions, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, January 27, 2005, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, 1 and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject property if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petitions. INTRODUCED, READ, and ADOPTED this L day of D.Petmbtr , 2004 . ... ...-~~WN······ ... ,_ Sf..J\L TTEST: / ··.... . ... ·· ~< wdl y He ood :wnClerk I 2l2n004 8:42 AM ( edl] Y:\YmlSl:onc\Annc.ution\HomcstcadatF'ucstoocSubswttialComp.rcs.doc 2 Michael P. Simone Mayor EXHIBIT A LEGAL DESCRIPTION HOMESTEAD AT FIRESTONE ANNEXATION HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89°57'18" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 78°31'59" WEST, A DISTANCE OF 150.33 FEET TO THE EAST LINE OF VOGL ANNEXATION NO. FOUR; THENCE NORTH 00°41'49" EAST, ALONG THE EAST LINE OF VOGL ANNEXATION NO. FOUR, A DISTANCE OF 60.00 FEET; THENCE SOUTH 78°23'29" EAST, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.101 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. TWO A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5 AND THE NORTH HALF OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89°57'19" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE AND THE POINT OF BEGINNING; THENCE SOUTH 78°31'59" WEST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 150.33 FEET; THENCE NORTH 87°57'17" EAST, A DISTANCE OF 750.22 FEET; THENCE NORTH 87°27'37" WEST, A DISTANCE OF 749.74 FEET TO THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE; THENCE SOUTH 78°23'29" EAST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.415 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54' 51" WEST, A DISTANCE OF 3661.29 FEET TO AN EASTERLY LINE OF 3 HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2; THENCE NORTH 87°57'17" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 750.22 FEET; THENCE NORTH 87°27'37" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 749.74 FEET; THENCE SOUTH 89°08'48" EAST, A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.005 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54'51" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE, A DISTANCE OF 3661.29 FEET; THENCE SOUTH 89°57'19" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 312.12 FEET; THENCE SOUTH 89°36'35" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2689.03 FEET; THENCE SOUTH 89°28'58" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2269.20 FEET; THENCE NORTH 00°07'08" EAST, PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1350.00 FEET; THENCE SOUTH 89°28'58" EAST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 330.00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 00°07'08" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1316.07 FEET TO THE CENTER OF SECTION 4; THENCE NORTH 89°19'09" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2570.54 FEET; THENCE SOUTH 00°05'14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 561.71 FEET; THENCE SOUTH 89°24'03" EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 630.00 FEET; THENCE SOUTH 00°05'14" WEST, PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2040.81 FEET; THENCE NORTH 89°28'58" WEST, PARALLEL WITH AND 40 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 629.99 FEET; THENCE SOUTH 00°05'14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 9.93 FEET; THENCE NORTH 89°36'35" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 AND ALONG ITS EASTERLY PROLONGATION, A DISTANCE OF 2718.47 FEET; THENCE NORTH 89°57'19" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 312.23 FEET; THENCE SOUTH 89°08'48" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 3, A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 119.398 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FIVE 4 A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 4 AND THE EAST HALF OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., AND THE SOUTHWEST QUARTER OF SECTION 33 AND THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., ·COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 4; THENCE NORTH, 89°19'09" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, SAID LINE BEING A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 2570.54 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY ROAD 17; THENCE SOUTH 00°05'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 561.71 FEET; THENCE CONTINUING SOUTH 00°05'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 2041.71 FEET TO A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR; THENCE CONTINUING SOUTH 00°05'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 9.93 FEET; THENCE NORTH 89°36'35" WEST, ALONG A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, SAID LINE BEING PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 60.00 FEET TO THE WEST LINE OF SAID COUNTY ROAD 17; THENCE NORTH 00°05'14" EAST, ALONG SAID WEST LINE, SAID LINE BEING PARALLEL WITH AND 30 FEET WEST OF THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2613.34 FEET; THENCE NORTH 00°04'48" EAST, ALONG A LINE PARALLEL WITH AND 30 FEET WEST OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2837.52 FEET; THENCE SOUTH 89°32'42" EAST, ALONG A LINE PARALLEL WITH AND 30 FEET NORTH OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2633.17 FEET; THENCE SOUTH 00°08'05" WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 2847.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 175.328 ACRES, MORE OR LESS. 5 RESOLUTION NO. 04-56 A RESOLUTION ADOPTING AN AMENDED BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004 AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Board of Trustees of the Town of Firestone on December 11, 2003 adopted a budget for the 2004 calendar year, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Board of Trustees desires to adopt an amended 2004 budget, which budget more accurately reflects for the 2004 calendar year actual revenues and expenditures by spending agency within each fund, and by item within each spending agency; and WHEREAS, the adoption of such amended 2004 budget does not propose, include or require the inclusion of any supplemental budget or appropriation for unanticipated revenues or revenues not assured at the time of adoption of the budget from any source other than the Town's property tax mill levy; and WHEREAS, the adoption of such amended 2004 budget does not propose, include or require the inclusion of any revised appropriation to reflect lower than anticipated revenues, or to reflect any transfer of appropriated money between funds; and WHEREAS, the amended 2004 budget accurately reflects whatever transfers, if any, are proposed between funding agencies within a fund; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed amended 2004 budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed amended 2004 budget; and WHEREAS, in accordance with Article X, Section 20 of the Colorado Constitution, approved by the voters on November 3, 1992, and "Amendment One Emergency Reserve" is included in the amended 2004 budget in a total amount estimated to equal three percent (3%) of the Town's fiscal year spending excluding bonded service, the final amount to be calculated when necessary final information is available to the Town; and WHEREAS, the amended 2004 budget is in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. That the amended budget for the calendar year beginning on the first day of January, 2004 and ending on the last day of December, 2004 as submitted and attached to this 1 resolution, be, and the same hereby is, approved and adopted as the amended 2004 budget of the Town of Firestone for the 2004 calendar year. Section 2. That the amended 2004 budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. INTRODUCED, READ AND ADOPTED this ~ day of C1e.trnlli r 2004. ... . .. • TOWN •,,. .. .. SEAL ···•... . ... -······· !:~~ own Clerk TOWN OF FIRESTONE, COLORADO ~~ Michael Simone Mayor 2 RESOLUTION NO. 04-57 TOWN OF FIRESTONE, COLORADO RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2005 AND ENDING ON THE LAST DAY OF DECEMBER, 2005. WHEREAS, the Board of Trustees of the Town of Firestone has directed Cheri Andersen, Town Administrator, to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Administrator has submitted a final proposed budget to this governing body on December 9, 2004 for its consideration; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, in accordance with Article X, Section 20 of the Colorado Constitution, approved by the voters on November 3, 1992, and "Amendment One Emergency Reserve" is included in the budget in a total amount estimated to equal three percent (3%) of the Town's fiscal year spending excluding bonded service, the final amount to be calculated when necessary final information is available to the Town; and WHEREAS, whatever increases may have been made in expenditures, like increases were added to the revenues, so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this resolution, be, and the same hereby is, approved and adopted as the budget of the Town of Firestone for the year stated above. Section 2. That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. INTRODUCED, READ AND ADOPTED this q...µ,_ day of Deu rn b..tr 2004. I -······· ,..-•;~-.N~ ····• ... _. . ' . $~~\, ·•.. . ... ·-... . .. •· )?J Michael Simone Mayor 2 COLORADO RESOLUTION NO. 04-58 TOWN OF FIRESTONE, COLORADO A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2005 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 9, 2004; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to total proposed expenditures as set forth in said budget; and WHEREAS, it is required by law but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, for the purposes stated: General Fund Total General Fund Park Fund Total Park Fund Conservation Trust Fund Total Conservation Trust Fund Open Space Trust Total Open Space Trust Fund Street and Highway Fund Total Street and Highway Fund Water Fund Total Water Fund Capital Improvement Fund Roadway Impact: Drainage Impact: Regional Park: New Administration Building: Undergrounding: Total Capital Improvement Fund Impact Fee Fund (old; per Ord. 347 and Res. 96-23) Total Impact Fund (old) I $3,345,211 $1,364,579 $70,000 $1,916,816 $6,349,596 $476,000 $0 $60,000 $330,000 $70,000 $936,000 $550,000 Debt Service Fund Total Debt Service Fund $65,000 Total Appropriations: $14,597.202 . lJ.i, INTRODUCED, READ, and ADOPTED this.:!_ day of Di{' pm bu:: , 2004. Michael Simone Mayor 2 RESOLUTION NO. 04-59 A RESOLUTION LEVYJNG GENERAL PROPERTY TAXES FOR THE 2004 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2005 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Firestone on December 9, 2004 adopted the annual budget for the 2005 budget year in accordance with the Local Government Budget Law; and WHEREAS, a general property tax mill levy is necessary to defray the general expenses of Town government for the 2005 budget year; and WHEREAS, due to the approval of ballot issue 2A on November 3, 1998, the Town of Firestone issued general obligation bonded debt in 1999 for the purpose of constructing a new town hall; and WHEREAS, the amount of money necessary for the debt service payment due in 2005 on the approved general obligation bonded debt is $65,000; and WHEREAS, the 2004 valuation for assessment for the Town of Firestone as certified by the County Assessor is $69,416,870.00; and WHEREAS, the Town is exempt from the statutory property tax revenue limitation (5.5% limit) due to voter approval of Ballot Issue A at the April 2, 1996 regular municipal election; and WHEREAS, the Town is exempt from the fiscal year spending limitation imposed by Article X, Section 20 to the Colorado Constitution, due to voter approval of Ballot Issue A at the April 2, 1996, regular municipal election; and WHEREAS, the Board of Trustees must certify the mill levies for the 2005 budget year by December 15, 2004, and by this Resolution desires to so certify its general mill levy and bonded debt mill levy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the T<;>wn of Firestone during the 2005 budget year, there is hereby levied a tax of 6.209 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2004. Section 2. That for the purpose of meeting payments for bonded indebtedness of the Town of Firestone during the 2005 budget year, there is hereby levied a tax of 1.000 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2004. 1 Section 3. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levy for the Town of Firestone as herein above determined and set. INTRODUCED,READ,andADOPTEDthis q'Ui dayof (1 ('.gWJ ill C 2004. ····;~wN·····• ..... SEAL J .... ··• l2/9n004 J:27 PM{sjl)F:\Offlee\F'irestonc\Resob.Jtion\Mill l,eyy Resolution2004 ~;;,;::RADO Michael P. Simone Mayor 2 ' RESOLUTION NO. 05-0 / A RESOLUTION INCREASING CERTAIN FEES AND CHARGES FOR SERVICES PROVIDED BY THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Board of Trustees finds that it is necessary to increase certain fees and charges for services provided by the Town, which increases will help ensure the Town is able to provide such services; and WHEREAS, the fees and charges set by this resolution, to commence with fiscal year 2005, are reasonable and intended to defray the costs of administering licensing and permitting requirements set forth in the Firestone Municipal Code and administering certain police activities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annual business license fee required to be paid pursuant to Chapter 5.04 of the Firestone Municipal Code is hereby set at twenty-five dollars ($25.00) for in-home occupations and fifty dollars ($50.00) for all other businesses. The fees set herein shall be subject to proration or other adjustment as authorized by Chapter 5.04 of the Firestone Municipal Code. Section 2. A fee of fifteen dollars ($15.00) shall be assessed for fingerprinting or vehicle identification number verification required for non-resident offenders. Section 3. All prior resolutions or portions thereof inconsistent or conflicting with this resolution or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The fees set by this resolution shall take effect January 6, 2005, and may thereafter be amended from time to time by resolution ofthe Board of Trustees. PASSED AND ADOPTED THIS b'-"" DAY OF~ a l'U.A. 7j , 2005. TOWN OF FIRESTONE, COLORADO _,.·\~wN···• ..... . . .• sf.J\L ·· .... TIE .. :' rv; Michael P. Simone, Mayor l/4'2005 J:J I PM (1:111] Y:\Yll'CSlone\Rc:,ohnion\FccRc:solution (1-04-05).doc I RESOLUTIONNO. 05-0.2_ A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT WHEREAS, there has been proposed an Intergovernmental Agreement for Emergency Management among various cities, town, districts and other governmental entities, to provide mutual aid in the event of disaster emergencies; and WHEREAS, such Agreement must be in place in order for the Town to receive certain grant funds for emergency and other equipment; and WHEREAS, the Town is authorized to enter into such Agreement and finds that such Agreement is in the best interests of the Town and its citizens. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Intergovernmental Agreement for Emergency Management, to provide for mutual aid in the event of disaster emergencies, is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2 The Mayor is hereby authorized to execute the Agreement on behalf of the Town, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this b-..../,4,. day of ~ a r\.,<.A. ~ , 2005. TOWN OF FIRESTONE, COLORADO .. .. ..-c:::::::;' •• ••··10WN ··•... (~ ( SEAL ·,. '2-.... :2--.... hae"'"'~~P-. -Sim-on_e _____ _ . EST: / Mayor .. ..• l/ll200S 10: 14 AM {'1} F:\OFFICE\FU'CSIODC\Rcs\DiGA.l'CI INTERGOVERNMENTALAGREEMENTFOREMERGENCYMANAGEMENT WITNESS.ETH THAT: WHEREAS, intergovernmental agreements to provide functions or services, including the sharing of costs of such services or functions, by political subdivisions of the State of Colorado are specifically authorized by Section 29-1-203 C.R.S. (1986) and other sections of the C.R.S.; and WHEREAS, establishment of an intergovernmental agreement will serve a public purpose and will promote the safety, security, and general welfare of the inhabitants of the jurisdictions; and WHEREAS, the jurisdictions hereto are each authorized to provide, establish, and maintain disaster emergency services as defined by each jurisdiction; and WHEREAS, disaster emergencies may arise in one or more of the jurisdictions, resulting in greater demands than the personnel and equipment of that jurisdiction can handle, and WQEREAS, it is in the best interest of the jurisdictions that it may have service of and from the oth+r jurisdictions to assist it in reacting to disaster emergencies; and WHEREAS, other jurisdictions who provide similar resources may in the future desire to be included in this agreement, and WHEREAS, it is in the best interests of each of the jurisdictions to have access to emergency resources to supplement their own during an emergency; and WHEREAS, to-receive the resources cited above, it is cost effective for each of the jurisdictions to make available during disaster emergencies, its own resources to other affected jurisdictions. NOW THEREFORE, IT IS MUTUALLY AGREED by and between each of the signatory jurisdictions as follows: I. a. This Intergovernmental Agreement is promulgated under the provisions of Article 1, the relevant portions of Articles 5 and 22, Title 29, and 24-32-2105 C.R.S. The statute shall control in case of conflict between this agreement and the statute. Each and every term, provision, or condition herein in subject to and shall be construed in accordance with the provisions of Colorado law, the Charters of the various jurisdictions, and the ordinances and regulations enacted pursuant hereto. b. It is understood and agreed by the jurisdictions hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado, or of the United States of America, the validity of the remaining Page2 Intergovernmental Agreement for Emergency Management portions or provisions of the remaining portions or provisions shall not be affected, and the rights and obligations of the jurisdictions shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. c. All terms and words herein shall have the same definition as provided in Titles 24 and 29 of C.R.S. except as herein otherwise indicated. "Disaster Emergency" shall have the same definition as provided for "Disaster' at 24-32-2103 (1) C.R.S .. Where terms and words herein are not so defined they shall have the commonly accepted definition. 2 This Agreement provides for the joint exercise by the jurisdictions of the function or service provided herein, but does not establish a separate legal entity to do so, nor does it constitute any jurisdiction as an agent of any other jurisdiction for any pmpose whatsoever. This agreement shall provide only for sharing or in-kind resources by the jurisdictions. 3. For and in consideration of the promises of each participating jurisdiction, each agrees with the others that in the event there are disaster emergencies in the territory served by one jurisdiction which are beyond the capabilities of that jurisdiction, each other jurisdiction, subject to the limitations herein set forth, will assist the other, by causing and permitting its resources to be used in responding to such disaster emergencies in the other jurisdictions. The need for such assistance shall be determined by the jurisdiction requesting assistance, subject however, to the following limitations: a Any of the signatory jurisdictions shall be excused from making their resources available, or continuing to make their resources available, to any of the other jurisdictions, in the event of the need of the resources of such jurisdiction within the territorial area of such jurisdiction or any other jurisdiction, or their prior use at any other place. Such decision of availability shall be made by the jurisdiction requested to give mutual aid, and such decision shall be conclusive and in the providing jurisdiction's sole discretion. b. Mutual aid response by any jurisdiction beyond the political boundary of the responding jurisdiction is hereby deemed to be approved by the respective Executive and Legislative governing bodies of the jurisdictions, and such response shall require no further approval by responsible officials of any jurisdiction, except as provided by the limitations in Article 3 -a (above). 4. Each jurisdiction shall, at all times, be responsible for its own costs incurred in the performance of this Agreement, and shall not receive any reimbursement from any other jurisdiction, except for third party reimbursement under Article 7, and except as may be negotiated and agreed to separately, in writing, by both the requesting and receiving jurisdictions. Page3 Intergovernmental Agreement for Emergency Managers 5. Each jurisdiction waives all claims and causes of action against all of the other jurisdictions for compensation, damage, personal injury or death occurring as a consequence, direct or indirect, of the performance of this agreement, to the extent permitted by, and without waiving any protection or other provisions of, the Colorado Governmental Immunity Act 6. Each jurisdiction agrees to allow any other governmental jurisdiction defined under Colorado law to join in this Mutual Aid Agreement after formal approval by its governing body and notification by the depository cited in Article 13 of such action to each of the other signatory jurisdictions to this Agreement. Each party who initially executes this agreement to the office of the person executing this Agreement, or such other parties as they may further designate in writing, the authority to execute such amendments as may be necessary in the future to accommodate the jointer of new jurisdictions to this Agreement, without change of any other terms or conditions of the Agreement. 7. Each jurisdiction agrees that it will reasonably pursue any legal reimbursement possible, pursuant to state laws, for incidents including, but not limited to, hazardous materials incidents, occurring within its jurisdiction, on behalf of all assisting jurisdictions. Upon payment by the responsible entity, and after subtracting the reasonable costs of pursuing and collecting the reimbursement, the receiving jurisdiction will distribute the received funds in a fair and equitable manner to assisting jurisdictions, based upon a pro rata share of their documented expenses for the involved incident. 8. Nothing contained in this Agreement, and no performance under this Agreement by personnel of the jurisdictions hereto, shall in any respect alter or modify the status of officers, agents, or employees of the respective jurisdictions for purposes of worker's compensation or their benefits or entitlements, pension, levels or types of training, internal discipline, certification, or rank procedures, methods, or categories, or for any purpose, or condition or requirement of employment. Worker's Compensation Coverage shall be as structured in C.R.S. 29-5-109, if the request meets the requirements of C.R.S. 29-5-103 through 108, otherwise the claim shall be processed as if it were generated by any other work assignment within the providing jurisdiction. · The providing jurisdiction shall remain responsible for processing any worker's compensation claims filed by their own resources. 9. This Agreement shall be binding upon the successors and assigns of each of the jurisdictions hereto, except that no jurisdiction may assign any of its rights or obligations hereunder, without the prior written consent of two-thirds (2/3) of the other signatory jurisdictions. 10. It is expressly understood and agreed that enforcement of the terms and conditions of the Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the named jurisdictions hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is Page4 Intergovernmental Agreement for Emergency Managers the express intention of the named jurisdiction that any person other than the named jurisdiction receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 11. Amendments to this Agreement may be made only upon unanimous consent by all then current signatory jurisdictions. Such consent shall become effective upon its receipt in writing at the depository cited below in Article 13. 12. Any jurisdiction hereto may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice to the signature depository provided below. 13. This Agreement shall be executed by each jurisdiction on a separate signature page. Original signature pages will be held by the Colorado Office of Emergency Management (OEM) or its successor agency, at its offices at 15075 South Golden road, golden, Colorado 80401-3979 or at such place as OEM shall determine. Copies of signature pages shall be provided and certified by OEM to each party jurisdiction, and such copies shall have the full force and effect as if they were originals. OEM shall provide timely notice to all party jurisdictions of all additions to and withdrawals of party jurisdictions, as well as timely notice of the effective date of any amendment to this Agreement. INTERGOVERNMENTALAGREEMENTFOREMERGENCYMANAGEMENT As outlined in the foregoing Intergovernmental Agreement, the below designated jurisdiction executes this Agreement on the most recent date indicated below. JURISDICTION:J 1/J ... 1 Fi'tu-s-+o,u__ By ltJ:':l ;fjt, 00 j} Title: W r'\ k Date: /-b-oo ----------------------------- Approved as to: _________________________ _ By:-----,--------------------------- Date: ------------------------------ Approved as to: _________________________ _ By: _____________________________ _ Date: ----------------------------- OTHER: ATTEST AS TO SIGNATURES: -------------------- Title: ---------------------------~- Date: ----------------------------- RESOLUTION NO. QS--03 A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE. WHEREAS, Senate Bill 91-33 requires the Board of Trustees to designate the public place or places for posting of notices of the Board's public meetings. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 24-6-402(2)(C), C.R.S., notices of meetings of the Board of Trustees of the Town of Firestone shall be posted at the front entrance window of the Firestone Town Hall, 150 Grant Avenue, Firestone, CO 80520. Meeting notices may additionally be posted on the Town's website, www.ci.firestone.co.us. INTRODUCED, READ, and ADOPTED this \3-41, day of Clo@~ 2005. "fr" (1 __,,,,.,,,.,,....,,__ .-·····;ow~····· .. . : ... . SEAL ...... •.·· TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor RESOLUTION NO. 05-04 A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR VOGL-NORTH WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary subdivision plat and preliminary development plan for the Vogl-North subdivision and planned unit development; and WHEREAS, all materials related to the proposed preliminary subdivision plat and preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and Zoning Commission has held a properly noticed public hearing on the proposed preliminary subdivision plat and preliminary development plan, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat and preliminary development plan, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat and preliminary development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees does hereby approve the proposed preliminary subdivision plat and preliminary development plan for Vogl -North, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 2i' day of January, 2005. .. . . .-···• TOWN•• .... . \ SEAL .... . .. .: •, . . .. •· fi:;tt~ own Clerk Dennis Bertron Mayor Pro-tern - EXHIBIT A Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Vogl-North General I. Confirm street names are consistent with Firestone Street Grid. 2. Fix typographical errors and graphic text conflicts throughout. 3. Utilize the criteria in the updated Development Regulations for future FDP submittals. 4. Provide updated title commitment with FDP application. 5. Revise documents to show all information and signature blocks required by the Development Regulations. Preliminary Plat 6. Modify plat pursuant to comments from the Town Engineer and Town Attorney. 7. Revise Ownership and Dedication language on the plat to accurately note the specific Outlots to be dedicated to the Town. Revise Outlot table as necessary to be consistent with the Ownership and Dedication language. Preliminary Development Plan 8. Create a table that shows the percentage of the various groups of lot sizes. 9. At the time ofFDP, add the lots sizes to Sheet 2. IO. Extend Vine Avenue to the east and add a note to the PDP that states an emergency access may be required at the time of FDP to the property to the north. 11. At time of FDP, adjust lots on cul-de-sacs to assure at least one parking space in the front of each lot, excluding the driveway. 12. Assure that trails, especially the IO-foot wide north-south trail, are located away from residential lots and trails within internal corridors are generally centered away from fences. 13. At the time ofFDP, provide details on turf seeding specifications to assure that bluegrass in yards and native grasses at fence lines do not conflict. Consider bluegrass for internal trail and open space areas east of the IO-foot wide north-south trail or provide alternative determined suitable by the Planning Commission and Town Board. 14. Minimize conflicts and crossings between trails and access roads to oil/gas facilities. At the time of FOP, trail alignments shall be located outside of oil/gas well Outlots unless otherwise approved by Planning Commission and Town Board. 15. Add a note to the FOP that lot frontages on Greenwood Street and other long, straight sections of streets will have varying building setbacks to mitigate a "linear" look to the houses along the streetscape. 16. At the time of FOP, provide additional detail on the non-potable irrigation system to confirm it is feasible. 17. At the time of FOP, indicate the front of all comer lots and note specific fencing restrictions for reverse comer lots. 18. At the time of FOP, add lot numbers to the lots shown on the landscape plans. 19. Darken graphics on irrigation plan so shaded areas can be more easily identified. 20. Remove reference to proposed metropolitan district from the PDP. Preliminary Utility Plan and Other Technical Documents and Reports 21. Modify documents pursuant to comments from the Town Engineer and Town Attorney. Additional Conditions 22. Reevaluate lot widths to assure appropriate front and rear dimensions. 23. In Outlot D, continue trail so that it circles the park. Additionally, provide direct access from Union A venue/Springview Street to the playground area. 24. Show key map on all PDP map sheets. 25. On FOP, all setbacks must be stated in definite terms. 26. Clarify PLO and Park/Open Space Summary figures. 27. Clarify residential density chart. 28. Increase size of the font used to designate block numbers. 29. Provide parking if an active field or park facility is provided in Outlot A. 30. Evaluate property edge and compatibility with existing adjoining agricultural uses and develop a plan to mitigate. 31. Incorporate existing agricultural fencing into the FOP. 01mnoos 1:16 PM (kthJ F:\Companylfirestone\5ubdivisions\Vogl Notth..Prdims.TB.rcs.doc RESOLUTION NO. 05-05 TOWN OF FIRESTONE, COLORADO A RESOLUTION OF THE TOWN OF FIRESTOENE, COLORADO TO SUPPORT THE PLANNING EFFORTS FOR A SECTION OF THE COLORADO FRONT RANGE TRAIL KNOWN AS THE 52-85 TRAILS PROJECT WHEREAS, the section of the Colorado Front Range Trail known as the 52-85 Trails Project will connect the Town of Firestone, the Town of Frederick, the City of Dacono, the City of Fort Lupton, the City of Brighton, and areas of unincorporated Weld County. WHEREAS, the Town of Firestone supports the cooperative process of trails planning with the intended outcome of a trails master plan for the 52-85 Trails Project section of the Colorado Front Range Trail. WHEREAS, the cooperative planning process will also identify trail connections to other regional trail systems such as the St. Vrain Valley Legacy Trail as well as local trail systems. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AS FOLLOWS: Section 1. a. Section 2. a. b. Findings of Fact Willingness to cooperate is in the best interests and shall benefit the Town of Firestone. Conclusions and Order Accepting Resolution of Support The Board of Trustees hereby accepts the Resolution of Support for the 52-85 Trails Project planning efforts. The Board of Trustees hereby agrees to cooperate with the Town of Frederick, the City of Dacono, the City of Fort Lupton, and the City of Brighton on the · preliminary planning for the 52-85 Trails Project section of the Colorado Front Range Trail. ~; -M-1--a .... y ... or ..... -+. --------- .... ··~·~~"'······• ... . ·. S't.lX\, •·•·....•. . ... •··_.: RESOLUTION NO. 05-0 fo A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AMENDMENT FOR MOUNTAIN SHADOWS FILING I WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan amendment for Mountain Shadows Filing 1, to add a pavilion to the neighborhood park site located in Tract I; and WHEREAS, all materials related to the application have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed final development plan amendment, and has forwarded to the Board of Trustees a recommendation of approval of such plan with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan amendment, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan amendment should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Board of Trustees of the Town of Firestone hereby approves the proposed final development plan amendment for Mountain Shadows Filing 1, for the additional of a pavilion to the neighborhood park site located in Tract I, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. -Iii INTRODUCED, READ, and ADOPTED this 1.Q_ day of k 2005. ATTEST: Michael P. Simone Mayor .... . .. /10)1.11'1 '•,,, . \ Sf.~L ' ·•··..... . ... ··.: EXHIBIT A Final Development Plan Amendment Conditions of Approval Mountain Shadows Filing 1 I. Remove references · to Firestone streets as Weld County roads, and use the proper name for Colorado Boulevard. 2. Remove the word "proposed" where it is used in the plan. 3. Add a note that a building permit shall be required from the Town for the gazebo. 4. Add a note that no exterior lighting is shown. 5. Provide a modified irrigation plan sheet. 6. Note that the grass seed type is as specified in the previously approved FDP for Mountain Shadows Filing 1. 7. Show all existing sidewalks on plan drawings. 8. Add dog waste receptacle/trash can to plan. 9. Add the name and address of the Owner/Developer to the FDP map. I 0. Show legal description (Tract I, Mountain Shadows Filing No. I} on the FDP map. I I. Add a Town Approval block in the format set forth in the development regulations. Additional Conditions I 2. Specify on the FDP that the benches will be either forest green or weathered copper, to match the colors used for the gazebo, as approved by the Town Planner. 13. The dog waste receptacle/trash can shall match the color of the benches. 14. Provide at least one concrete connection from the trail to the concrete pad for the gazebo. 15. Amend plan to add split rail fencing along east and south boundaries and remove the three perimeter benches. 2 COLORADO SURPLUS ASSET FUND TRUST MODEL RESOLUTION 05-07 WHEREAS. Town of Firestone (the "Participant") desires to pool its funds with other local government entities by becoming a Participant in the Colorado Surplus Asset Fund Trust ("CSAFE") and therefore passes the following resolution: WHEREAS. pursuant to the provisions ofC.R.S. Section 24-75-601 and 701. et seq .• as amended and C.R.S. 24-75-702. et seq. as amended. any local government entity (including cities. towns. school districts. special districts. counties or political subdivisions of the state) is authorized to pool any moneys in its treasury. which are currently surplus funds and not immediately required (o be disbursed. with similar moneys from other local government entities. in order for these entities to take advantage of short-term investments and maximize net interest earnings. CSAFE is formed as a common law trust under the laws of the state of Colorado. WHEREAS. the governing body of the Participant desires to participate in CSAFE formed in accordance with the aforesaid statutes. in order to pool its surplus funds with other local government entities. it has passed. by majority vote the following resolution: NOW. THEREFORE. it is hereby RESOLVED: That the governing body of the Participant has reviewed C.R.S. Section 24-75-601. as amended and C.R.S. Section 24-75-701. et seq .• as amended. of the Colorado Revised Statutes and the merits of investing in a trust as permitted by C.R.S. Section 24- 75-601. as amended and C.R.S. Section 24-75-701. et seq. as amended. including the trust"s liquidity. risk diversification. flexibility. convenience and cost compared to the alternative direct purchase of comparable investments and finds it is in the best interest of the local government entity and therefore hereby approves and adopts this Resolution. along with other local government entities in the trust for the purpose of pooling surplus funds. The terms of the above mentioned trust indenture shall be incorporated herein by this reference and a copy filed with the minutes of the meeting at which warranties. either expressed or implied. are part of this agreement between CSAFE and said governing body of the Participant unless as set forth in the Indenture of Trust. but that CSA FE shall use its best efforts in conjunction with Participant to accomplish these goals. The Participant is liable for all checks written on its account. authorized or unauthorized. The Participant shall indemnify and hold CSAFE harmless from and against any and all claims. demands. damages. losses. liabilities and expenses (including. without limitation. reasonable attorney fees and court costs at trial or appeal arising from: (a) any checking activity on a Participants account or (b) any act or omission from· CSAFE arising out of CSAFE action or inaction taken pursuant to a request by a Participant. Participants should implement proper security procedures to safeguard the checks for each account. CSA FE does not guarantee the prevention of fraud or theft from a Participant account. RESOLVE. further that Pat Nelson (the "Representative"). who is the government official empowered to invest funds of the Participant or his/her successor in function. is hereby authorized and directed to execute the Indenture of Trust and any other documents necessary to establish an account with CSAFE. The Representative is hereby designated the "Treasurer" as that term is defined in the Indenture of Trust and is therefore authorized to invest money from the Participants" treasury. from time to time. which are not immediately required to be disbursed. by purchasing shares of CSAFE with those available funds and is authorized to redeem. from time to time. part or all of those shares as funds are needed for other purposes. The undersigned certify that the Participant has adopted: 0 The above Resolution 0 An altern·ative resolution. a copy of which is attached ATTEST: ~$(£:/4_','~ rs~ry & Signature ····• ............ ·····, ·Y, I =-" RESOLUTION NO. 05-08 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FORANNEXA TION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, FOR ANNEXATIONS KNOWN AS THE HOMESTEAD AT FIRESTONE ANNEXATION NOS. ONE THROUGH FIVE TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, petitions for annexation of certain property, known as the Homestead at Firestone Annexation Nos. One through Five to the Town of Firestone, have been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable" law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. Section 3. in the petitions. No election is required under§ 31-12-107(2), C.R.S. No additional terms and conditions are to be imposed except any provided for Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petitions, at the Firestone Town Hall, 151 Grant A venue, Firestone, Colorado 80520, on Thursday, March 24, 2005, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, 2 and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject property if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petitions. INTRODUCED, READ, and ADOPTED this 10th day of February, 2004. ' SEAL . ' ·IT.EST: 7'.!?dJl_ Michael P. Simone Mayor ~~~~~ ayHeod own Clerk EXHIBIT A LEGAL DESCRIPTION HOMESTEAD AT FIRESTONE ANNEXATION HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 5TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89°57'18" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 78°31'59" WEST, A DISTANCE OF 150.33 FEET TO THE EAST LINE OF VOGL ANNEXATION NO. FOUR; THENCE NORTH 00°41'49" EAST, ALONG THE EAST LINE OF VOGL ANNEXATION NO. FOUR, A DISTANCE 3 OF 60.00 FEET; THENCE SOUTH 78°23'29" EAST, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.101 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. TWO A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5 AND THE NORTH HALF OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89°57'19" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE AND THE POINT OF BEGINNING; THENCE SOUTH 78°31'59" WEST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 150.33 FEET; THENCE NORTH 87°57'17" EAST, A DISTANCE OF 750.22 FEET; THENCE NORTH 87°27'37" WEST, A DISTANCE OF 749.74 FEET TO THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE; THENCE SOUTH 78°23'29" EAST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.415 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54'51" WEST, A DISTANCE OF 3661.29 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2; THENCE NORTH 87°57'17" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 750.22 FEET; 4 THENCE NORTH 87°27'37" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 749.74 FEET; THENCE SOUTH 89°08'48" EAST, A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.005 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54'51" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE, A DISTANCE OF 3661.29 FEET; THENCE SOUTH 89°57'19" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 312.12 FEET; THENCE SOUTH 89°36'35" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2689.03 FEET; THENCE SOUTH 89°28'58" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2269.20 FEET; THENCE NORTH 00°07'08" EAST, PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1350.00 FEET; THENCE SOUTH 89°28'58" EAST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 330.00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 00°07'08" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1316.07 FEET TO THE CENTER OF SECTION 4; THENCE NORTH 89°19'09" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2570.54 FEET; THENCE SOUTH 00°05'14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 561.71 FEET; THENCE SOUTH 89°24'03" EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 630.00 FEET; THENCE SOUTH 00°05'14" WEST, PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2040.81 FEET; THENCE NORTH 89°28'58" WEST, PARALLEL WITH AND 40 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID 5 SECTION 4, A DISTANCE OF 629.99 FEET; THENCE SOUTH 00°05'14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 9.93 FEET; THENCE NORTH 89°36'35" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 AND ALONG ITS EASTERLY PROLONGATION, A DISTANCE OF 2718.47 FEET; THENCE NORTH 89°57'19" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 312.23 FEET; THENCE SOUTH 89°08'48" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 3, A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 119.398 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FIVE A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 4 AND THE EAST HALF OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6™ P.M., AND THE SOUTHWEST QUARTER OF SECTION 33 AND THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°19'09" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, SAID LINE BEING A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 2570.54 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY ROAD 17; THENCE SOUTH 00°05'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 561.71 FEET; THENCE CONTINUING SOUTH 00°05'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 2041.71 FEET TO A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR; THENCE CONTINUING SOUTH 00°05'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 9.93 FEET; THENCE NORTH 89°36'35" WEST, ALONG A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, SAID LINE BEING PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 60.00 FEET TO THE WEST LINE OF SAID COUNTY ROAD 17; THENCE NORTH 00°05'14" EAST, ALONG SAID WEST LINE, SAID LINE BEING PARALLEL WITH AND 30 FEET WEST OF THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2613.34 FEET; THENCE NORTH 00°04'48" EAST, ALONG A 6 LINE PARALLEL WITH AND 30 FEET WEST OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2837.52 FEET; THENCE SOUTH 89°32'42" EAST, ALONG A LINE PARALLEL WITH AND 30 FEET NORTH OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2633.17 FEET; THENCE SOUTH 00°08'05" WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 2847.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 175.328 ACRES, MORE OR LESS. 7 RESOLUTION NO. 05-0C/ A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR COTTONWOOD HOLLOW SUBDIVISION FILING I. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat and final development plan for the Cottonwood Hollow Subdivision Filing I; and WHEREAS, all materials related to the proposed final subdivision plat and final development plan have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed final subdivision plat and final development plan and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final subdivision plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final subdivision plat and final development plan for the Cottonwood Hollow Subdivision Filing I should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J. The Board of Trustees hereby approves the proposed Final Subdivision Plat and Final Development Plan for Cottonwood Hollow Filing I, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference . .JI, INTRODUCED, READ, AND ADOPTED this;?i.f day of£ hrua" i , 2005. --' ,;~ST~~ ~ .. ~--.. "" ~ .. .. /TOWN'\. \ SEAL j i··.. . ...... ~ . ·ST-:,:;;~~~~% flff"~ .... ~ Michael 'p~'Sim~ Mayor Town Clerk 2 Final Plat EXHIBIT A Final Subdivision Plat and Final Development Plan Conditions of Approval Cottonwood Hollow Filing 1 I. Modify Plat consistent with comments from the Town Engineer. FDP Text 2. Provide CBT water demand table consistent with comments from the Town Engineer. 3. Delete the reference to the 14-foot building separation requirement. 4. Note that a future tract is contemplated around the entry sign for common ownership. 5. Describe how existing agricultural fencing on the south and west will be separated or mitigated from any new fencing. 6. Specify the fence type on the FDP so that the fencing will be consistent throughout the subdivision. 7. Add a note that at the time of the next Cottonwood Hollow FDP, an improvement plan for Tract E and the 10-foot wide concrete trail along Godding Hollow shall be provided. That plan shall identify how the trail will connect across Sable Boulevard. 8. Add a note to further explain the use of the "temporary" cul-de-sac on Arbor Street; the note and the terms of the temporary cul-de-sac use shall be acceptable to the Town Engineer. 9. Clarify that the subdivider has the paving responsibilities for Sable Avenue. I 0. Further define the term "enhanced architectural elevations" and resolve the conflict between bullets 4 and 6 in Architecture section. FDP Map Sheets 11. Remove irrigation system and sidewalk from along Arbor Street and Sable Avenue as such system will be constructed by the Town in the future. 12. Provide a detail of the entry sign. 13. Remove the tot lot in Tract I and add three 2-1/2 caliper deciduous trees. 14. Modify the architectural elevations to be consistent with the text and enlarge them so the reference text is legible. 15. Create a new tract around the oil/gas well, facilities and access drive (which access drive shall be relocated along the west property line of Tract E) unless otherwise approved by the Town Engineer. The subdivider shall retain ownership of the tract until such time as the oil/gas facility is removed at which time the tract shall be dedicated to the Town as specified in the Subdivider's Agreement. 16. Adjust the lot line of Tract E to remove it from the ditch easement. 17. Add the Town's standard fence taper detail for the transition between the privacy fence and the rail fence. 18. Specifically identify all plant material around entry monument. Avoid ornamental fruit- bearing trees in the landscape plan. 19. Delete Note 13 on Sheet 11. 20. On Sheet I 0, note that the seed mix is as specified on Note I on Sheet 11. 21. Create a separate fence plan sheet and further define limits of all fencing and place all fencing related text on this sheet. Clarify that no rail fencing is permitted in front yards. Add a note that Developer shall, at a minimum, install all fencing on the exterior boundaries of the single-family residential area, and except for such exterior boundaries, the homeowner shall be responsible for installing rail fencing along side and rear lot lines within one year after issuance of Certificate of Occupancy. Subdivision Agreement 22. Execute a Subdivider's Agreement as prepared by the Town Attorney. Construction Plans and Technical Reports 23. Modify plans consistent with comments from the Town Engineer. General 24. Modify documents consistent with Town Planner's memorandum dated, February 9, 2005. 25. Note on the Plat and FDP that Tracts E and N shall be maintained by the HOA until Tract E is developed and the IO-foot wide concrete trail is constructed by the Developer in Tract N, as specified in the Subdivider's Agreement. 26. Modify land use designations consistent with the proper names m the Firestone Development Regulations and as approved on the PDP. 27. Modify the street name for Rangeview and Remington to Rangeview Circle. 4 28. All necessary easements shall be acquired or identified prior to recording, including designation of an easement for the relocated Godding Ditch. 29. Build a 5-foot concrete sidewalk on the west side of Arbor from the southern Rangeview intersection to the north end of the park in Tract E. 2n4f2005 10:48 AM (edl) Y:\FITCStone\Subdh-isions\Cottonwoodl-lollow Filing I Finals.TB.res (cle:in draft).doc s ' TOWN BOARD RESOLUTION NO. OS -I 0 A RESOLUTION AUTHORIZING THE TOWN OF FIRESTONE TO SUBMIT A GREAT OUTDOORS COLORADO GRANT (GOCO) REQUEST FOR FINANCIAL ASSISTANCE FOR CONSTRUCTION OF SAINT VRAIN RANCH PARK WEST. Whereas, the Town of Firestone has seen the need to continue park development within the Town; and Whereas, the Town of Firestone owns and will be responsible for maintenance of Saint Vrain Ranch Park West, once constructed as a town park; and Whereas, the Town of Firestone has approved $199,000 in the 2005 Park Fund Town Budget for Saint Vrain Ranch Park West; and Whereas, the Town of Firestone has developed plans for construction ofthis park; and Whereas, the cost to construct Saint Vrain Ranch Park West is $489,000; and Whereas, there is an opportunity to apply for Great Outdoors Colorado (GOCO) and Department of Local Affairs (DOLA) grants to match funds from the Town of Firestone; and Whereas, the Firestone Parks and Trails Advisory Board is an advisory board to the Town of Firestone Board of Trustees; and Whereas, the Firestone Parks and Trails Advisory Board has discussed the need for additional park improvements within Firestone and supports the Firestone staff in applying for grants for Saint Vrain Ranch Park West. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AS FOLLOWS: 1. The Town Administrator, or her designee, is hereby authorized and encouraged to submit a Great Outdoors Colorado grant request for fmancial assistance for the construction of Saint Vrain Ranch Park West. 2. The Town Administrator is hereby authorized to execute and sign any and all documentation on behaH of the Town to facilitate said request. ' RESOLVED AND PASS THIS;}~ DAY OF f2hr1.1ory' ,2005 •.. •···~~~~···• ... l · .. S\EAL ··..• __ .... TOWN OF FIRESTONE, COLORADO BOARD OF TRUSTEES .Yq .. J P. _1mone, Mayor RESOLUTION NO. D:5::_/ / A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWNS OF FIRESTONE AND FREDERICK AND THE CITY OF DACONO CREATING A MULTI-AGENCY SW AT TEAM WHEREAS, the Towns of Firestone and Frederick are municipal corporations that have been duly established and are operating pursuant to Title 31, C.R.S.; and WHEREAS, the City of Dacono is a municipal corporation that has been organized pursuant to Article XX of the Colorado Constitution; and WHEREAS, pursuant to § 29-1-203, C.R.S., as amended, these municipalities are authorized to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, each municipality is authorized by law to undertake and operate and law enforcement agency as part of its function; and, WHEREAS, each municipality maintains a police department staffed with POST certified law enforcement officers; and WHEREAS, an agreement has been proposed between these municipalities creating a multi-agency SW AT Team; and WHEREAS, the Board of Trustees of the Town of Firestone has determined that it is in the best interest of the citizens of Firestone to enter into the proposed agreement. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Intergovernmental Agreement between the Towns of Firestone and Frederick and the City of Dacono creating a Multi-Agency SWAT Team is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2 The Mayor is hereby authorized to execute the Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. Section 3 The proposed Policies and Procedures for the Multi-Agency SWAT Team are hereby approved in essentially the same form as the copy of such Policies and Procedures accompanying this resolution. Section 4 The Town's funding of the SWAT Team is subject to such budgetary and appropriations measures as are required by state law. ,J>, INTRODUCED, READ, and ADOPTED this;f/_ day of fe._brua.v-f' , 2005. ... . .. _.....-~ov-JN ··• ... ,. ' sf..iXL EST: / ··... . ... ·· 2'l4/200S 4:38 PM[n.b)Y:IFIJCSlone\Resolution\SWAT. IGA.rcs doc TOWN OF FIRESTONE, COLORADO 1~- Michael P. Simone Mayor SCOPE TOWN OF FIRESTONE RESOLUTION No. 05-12 Statement of Investment Policies and Procedures The purpose of this Investment Policy is to establish clear and consistent guidelines for the investment of funds of the Town of Firestone, Colorado. This policy is adopted pursuant to state law, including but not limited to Colorado Revised Statutes (C.R.S.) Section 31-20-303, which provides that the Board of Trustees of the Town may authorize the investment of Town funds in any type of security or form of investment authorized by Parts 6 and 7 of Article 75 of Title 24, C.R.S. OBJECTIVES All Town funds will be managed and invested in accordance with this Investment Policy and the laws pertaining to the investment of public funds, and to achieve the following objectives: Safety ofprincipal The primary objective is to protect against any loss of principal. Liquidity Yield Investments will be managed to ensure that funds are available to meet obligations as necessary. Investments will be managed to optimize returns as is practical within the appropriate safety and liquidity constraints fust and foremost. AUTHORIZED PERSONNEL The Town's Treasurer and Finance Director shall be authorized to act on behalf of the Board of Trustees, with the direction of the Board of Trustees and to facilitate the purchase of any authorized investments in accordance with this Investment Policy. I ELIGIBLE INVESTMENTS & DEPOSITORIES Investments may only include those defined as permissible for investment of public funds in C.R.S. Sections 24-75-601.1 and 24-75-702, further limited to the following: • Bank and Time Certificates of Deposit: Limited to Banking Institutions that are regulated by the FDIC and the Colorado Division of Banking; Deposits that exceed the $100,000.00 FDIC limit shall be collateralized pursuant to the guidelines set forth by the Public Deposit Protection Act, C.R.S. Section 11-10.5-101 et seq., a/k/a POPA. • Local Government Investment Pools (LGIPs): According to Colorado Revised Statutes and with Pools that are rated AAAm by S & P or Moody's. • Securities, (if purchased in future through a qualified Registered Investment Adviser or Broker Dealer located in Colorado who is able to demonstrate knowledge of eligible investments for Colorado's local governments and who is familiar with the State Investment statutes), limited to the following: COMPOSITION U.S. Government Treasury Bills & Notes Obligations of the following U.S. Agencies: Federal Home Loan Bank (FHLB) Federal Home Loan Mortgage Corp. (FHLMC) Federal National Mortgage Association (FNMA) Federal Farm Credit Bank (FFCB) The composition of the portfolio will vary according to market opportunities. The following guidelines are intended to ensure proper diversification. Investment: Bank Depositories LGIPs, or Pools Time Certificates Securities Maximum Percent of Portfolio allowed: 50% Uptol00% 50%* 50%* *Note: The combination of Time Certificates and Securities shall not exceed 50% of total funds allocation. 2 MATURITY STRUCTURE The maturity of the Town's investments shall be structured to avoid undue concentration in any market sector and will be staggered over a reasonable time frame. No investment shall exceed 2 years. Exceptions to these guidelines may be made to accommodate readily identifiable cash flows and only as approved by the Board of Trustees. ELIGIBLE INSTITUTIONS A list of approved depositories, Investment Advisor or Broker/Dealers will be maintained by the Finance Director and Treasurer on behalf of the Town and shall be approved by the Trustees. The Town may require of any depository, Investment Advisor or Broker/Dealer that it enter into a written agreement with the Town. Depositories of Town funds shall be as approved and designated according to state law. CUSTODY OF SECURITIES The Town of Firestone shall establish a custody account with the trust division of a qualified Bank Trust Department that has safekeeping/custody powers prior to purchasing any securities. EVALUATION AND REVIEW Each month the Treasurer shall cause a report to be issued providing the following information concerning Town funds: • List of Deposits and Investments • List of current month transactions and maturities • Market valuation if applicable • Interest earned • Investment performance AMENDMENTS AND EXCEPTIONS The Board of Trustees, by a written resolution duly adopted by a majority of its members, may amend this Investment Policy or approve exceptions or interim changes hereto. 3 INTRODUCED, READ, and ADOPTED this~ day of F°<..brua.r l/ ' , 2005. TOWN OF FIRESTONE Mayor Town Clerk 4 RESOLUTIONNO. 05-/3 A RESOLUTION APPROVING AND DESIGNATING HERITAGE BANK AS A DEPOSITORY FOR FUNDS AND MONEYS OF THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone has determined to enter into an agreement with Heritage Bank for the provision of banking.services to the Town; and WHEREAS, pursuant to C.R.S. Section 31-20-303, the Board of Trustees desires to approve and designate Heritage Bank as a depository of funds and moneys of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J Pursuant to C.R.S. Section 31-20-303, Heritage Bank is hereby approved and designated as a depository for funds and moneys of the Town of Firestone. The Board of Trustees further hereby approves transfer of the Town's general banking services to Heritage Bank, with the Town's branch office to be Heritage Bank -Firestone branch,. and authorizes the Mayor, Town Administrator, Town Clerk and Town Treasurer to execute any documents necessary or appropriate to establish accounts and banking services agreements with Heritage Bank . .. ~ INTRODUCED,. READ, and ADOPTED this _j_Q_ day of W\ AR C.J+ 2005. ... ··~·~'JIii'! ·····•.\. '"' p,_\., ;_;i.\.-' EST: .... · ·... ..·· Clerk 3/8/1005 5:41 PM[sjl)F:\Office\Fircstonc\Resolution\Banking Resolution (2005) TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor RESOLUTION NO. 05-B_ A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE HOMESTEAD AT FIRESTONE ANNEXATION NOS. ONE THROUGH FIVE TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Homestead at Firestone Annexation Nos. One through Five to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has· held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: I. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104and31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(1 )(a), C.R.S., contiguity may be established by the annexation of the two or more parcels in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real 1 estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. 1. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. J. The territory proposed to be annexed is comprised of297.247 acres, more or less. k. A plan is in place, pursuant to Section 31-12-105(l)(e), C.R.S. I. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 2 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January I next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Section 31-12-107(2) or - 112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent ( I 00%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. "" INTRODUCED, READ, and ADOPTED thisJ!:{_ day of 1ntl/ZC If •.. •·~;~·~······ •..• Sf-~\... · EST: / .. . .. ~"~~~ yH~od own C erk 3 Michael P. Simone Mayor , 2005 . EXHIBIT A -LEGAL DESCRIPTION: HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89°57'18" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 78°31'59" WEST, A DISTANCE OF 150.33 FEET TO THE EAST LINE OF VOGL ANNEXATION NO. FOUR; THENCE NORTH 00°41'49" EAST, ALONG THE EAST LINE OF VOGL ANNEXATION NO. FOUR, A DISTANCE OF 60.00 FEET; THENCE SOUTH 78°23'29" EAST, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.101 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. TWO A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5 AND THE NORTH HALF OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89°57'19" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE AND THE POINT OF BEGINNING; THENCE SOUTH 78°31'59" WEST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 150.33 FEET; THENCE NORTH 87°57'17" EAST, A DISTANCE OF 750.22 FEET; THENCE NORTH 87°27'37" WEST, A DISTANCE OF 749.74 FEET TO THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE; THENCE SOUTH 78°23'29" EAST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.415 ACRES, MORE OR LESS. 4 HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54'51" WEST, A DISTANCE OF 3661.29 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2; THENCE NORTH 87°57'17" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 750.22 FEET; THENCE NORTH 87°27'37" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 749.74 FEET; THENCE SOUTH 89°08'48" EAST, A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.005 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54'51" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE, A DISTANCE OF 3661.29 FEET; THENCE SOUTH 89°57'19" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 312.12 FEET; THENCE SOUTH 89°36'35" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2689.03 FEET; THENCE SOUTH 89°28'58" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A 5 DISTANCE OF 2269.20 FEET; THENCE NORTH 00°07'08" EAST, PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1350.00 FEET; THENCE SOUTH 89°28'58" EAST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 330.00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 00°07'08" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1316.07 FEET TO THE CENTER OF SECTION 4; THENCE NORTH 89°19'09" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2570.54 FEET; THENCE SOUTH 00°05'14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 561.71 FEET; THENCE SOUTH 89°24'03" EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 630.00 FEET; THENCE SOUTH 00°05'14" WEST, PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2040.81 FEET; THENCE NORTH 89°28'58" WEST, PARALLEL WITH AND 40 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 629.99 FEET; THENCE SOUTH 00°05'14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 9.93 FEET; THENCE NORTH 89°36'35" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 AND ALONG ITS EASTERLY PROLONGATION, A DISTANCE OF 2718.47 FEET; THENCE NORTH 89°57'19" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 312.23 FEET; THENCE SOUTH 89°08'48" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 3, A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 119.398 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FIVE A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 4 AND THE EAST HALF OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., AND THE SOUTHWEST QUARTER OF SECTION 33 AND THE. SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°19'09" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, SAID LINE BEING A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 2570.54 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY ROAD 17; 6 THENCE SOUTH 00°05'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 561.71 FEET; THENCE CONTINUING SOUTH 00°05'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 2041.71 FEET TO A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR; THENCE CONTINUING SOUTH 00°05'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 9.93 FEET; THENCE NORTH 89°36'35" WEST, ALONG A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, SAID LINE BEING PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 60.00 FEET TO THE WEST LINE OF SAID COUNTY ROAD 17; THENCE NORTH 00°05'14" EAST, ALONG SAID WEST-LINE, SAID LINE BEING PARALLEL WITH AND 30 FEET WEST OF THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2613.34 FEET; THENCE NORTH 00°04'48" EAST, ALONG A LINE PARALLEL WITH AND 30 FEET WEST OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2837.52 FEET; THENCE SOUTH 89°32'42" EAST, ALONG A LINE PARALLEL WITH AND 30 FEET NORTH OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2633.17 FEET; THENCE SOUTH 00°08'05" WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 2847.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 175.328 ACRES, MORE OR LESS. 3/24/2005 1:07 PM (kkh) F:\Company\Fircstonc\Anncxation\Homcstud.rcs.doc 7 RESOLUTION NO. 05--12._ A RESOLUTION APPROVING A MINOR SUBDIVISION PLAT FOR THE HOMESTEAD AT FIRESTONE MINOR SUBDIVISION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a minor subdivision for the Homestead at Firestone Minor Subdivision plat; and WHEREAS, all materials related to the proposed Minor Subdivision plat have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Minor Subdivision plat and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Minor Subdivision plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Minor Subdivision plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section J The Board of Trustees hereby approves the proposed minor subdivision for the Homestead at Firestone Minor Subdivision plat, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED thisd'tay of-1Yl 4te.Cf/ , 2005 . .. • .... . ., .. ,~.\ ···· ... •. . ;•.t\L ST: ..-··... . .. ·· Michael P. Simone Mayor EXHIBIT A Minor Subdivision Plat Conditions of Approval Homestead at Firestone Minor Subdivision I. Revise surveyor's statement. 2. Remove Clerk and Recorder's certificate. 3. Revise typographical errors throughout. 4. Add a lender's consent block. 3'2412005 3:30 PM (kkh) F:,Company\Fircstone\Subdivisions\Homestead.MinorPlat. TB.res.doc RESOLUTION NO. os-1, A RESOLUTION APPROVING A BUILDING INSPECTION SERVICES AGREEMENT BETWEEN THE TOWN AND M2E, INC., DOING BUSINESS AS COLORADO INSPECTION AGENCY. WHEREAS, Colorado Inspection Agency has provided building inspection services for the Town of Firestone since 1999; WHEREAS, th,e Town previously entered into a Building Inspection Services Agreement with Colorado Inspection Agency, Inc., ("Building Inspector") for the purpose of providing building inspection and related services for the Town; WHERAS, the Town wishes to enter into a new Agreement for building inspection services with M2E, Inc., d/b/a Colorado Inspection Agency. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Building Inspection Services Agreement between the Town and M2E, Inc., d/b/a Colorado Inspection Agency {the "Agreement") is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. The Mayor is authorized to execute such Agreement on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. -.J,I... INTRODUCED, READ, AND ADOPTED this I '-I day of A Pr I L , 2005 .. ··· ··• ... .. 1o'J'JN \ Sf-~\.. J .. ATT ,/ Jn!OS 8:57 PM (twb) Y:\f"rrestone\Resolution\CIAAgrcement200S.rcs.doc Michael P. Simone Mayor RESOLUTION NO. 05-17 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AMENDMENT FOR BLOCK 4, LOT 18, MOUNTAIN SHADOWS SUBDIVISION, FILING I WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan amendment for Block 4, Lot 18, Mountain Shadows Subdivision, Filing I to construct a 2-car garage; and WHEREAS, all materials related to the proposed final development plan amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan amendment and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development amendment plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan amendment for Block 4, Lot 18, Mountain Shadows Subdivision, Filing I, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 28th day of April, 2005. ATTEST: 1 Michael P. Simone Mayor . ..-·····TowN······· ... SEAL ····...... ..--···.: EXHIBIT A Final Development Plan Amendment Block 4, Lot 18, Mountain Shadows Subdivision, Filing I Conditions of Approval I. Create an 8.5 x 11-inch plan sheet set with the proper title block.for recording. The plan shall show the elevation that is the subject of the amendment and all other information required by the Town Planner, consistent with the information presented at the Town Board public hearing. 2. In addition to I, above, include the following notes the 8.5 x 11-inch plan sheet(s): • The materials and colors of the expansion shall be the same as the main house. • The south side setback of the garage shall be as shown on the site plan. ■ The garage shall be approximately 20-feet wide by 24-feet long. • Eve width for the addition shall be as specified in the Town Code. • The garage shall be used for typical garage uses and not used for a home occupation. • A landscaped strip shall be located between the existing driveway and the driveway to serve the additional two-car garage. Landscape materials shall be as approved by the Town Planner. 4/l9/200S 10: IS AM {sjlJ F:\Cornpm!y\F'uesi~FDP .Ama:1:1.TB ra.doe 2 RESOLUTION NO. 05-18 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR GREASE MONKEY WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for Grease Monkey, on Lot 6, High Plains Marketplace, Town of Firestone; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sertioo J The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan for Grease Monkey, on Lot 3, High Plains Marketplace, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND _ADOPTED this 28th day of April, 2005-, ATTEST: ~ dyH oo TownOerk ~OgWRADO Michael P. Simone Mayor FOP Sbeet 1 EXIIlBIT A Final Development Plan Grease Monkey Conditions of Approval I. Remove reference to Mt. View Fire Protection District as a service provider. 2. Correct the land use table to show a total of 53,501 square feet as shown on the plat. 3. Modify the Water Usageffap Size section, pursuant to comments from the Town Engineer. Note that the car wash facilities will incorporate a state-of-the art water recycling system. 4. Remove "in general" from setback section. Sheet 2 5. In the Light Pole detail, identify "adjacent site lights" as those parking lot lights in the High Plains Marketplace subdivision. The detail shown on Sheet 4 shall be consistent with such lights, as determined by the Town Planner. 6. In the Trash Enclosure elevation, note which adjacent block the doors will match (i.e. the upper, lower, or both). 7. Clarify that the arrows shown will be painted on the pavement and correct the direction of the arrows. Sheet 3 8. Provide a detail for the freestanding sign, which detail shall be acceptable to the Town Planner and Town Engineer. 9. Add a few junipers along the west side of the car wash buildings. 10. Show landscaping on the island on the north side of the car wash, the island at the northwest comer of the Grease Monkey building, and along the east side of the Grease Monkey Building. These areas appear to be labeled for landscaping on the site plan, but no details are provided on the landscape plan. 11. Show the Native Seed area as Bluegrass turf. Sheet 4 2 12. In reference to the "Stone" note, clarify that "adjacent buildings" are the in-line retail and Blockbuster.in the High Plains Marketplace. Sheet 5 13. On the South and East Elevations, the letters appear cramped between the pilasters. Revise the sign detail to slightly reduce the size and width of the letters. I 4. Show sign colors on the details. General 15. Confirm the name of the development and be consistent throughout the document (i.e. Quick Lube or Grease Monkey). I 6. Elevation materials shall be consistent with the materials board presented at the Town Board meeting. 17. Remove references to Sheet 4B and reference the proper sheet number. 18. Modify the document pursuant to comments from the Town Engineer and Town Attorney. 19. Show location of clearance bar for the car wash on the site plan. 20. Provide for Town review a copy of the reciprocal easements and restrictions agreement noted in the Private Maintenance Controls and Enforcement section. 21. Show dimensions of setbacks for the car wash on the FOP. 22. Fix typographical errors throughout. Additional Conditions 23. Add a note to the FOP restating the provisions of Section 4.3(£) of the High Plains Marketplace subdivision agreement. 24. Hours of operation may be expanded beyond those listed in the application, as determined appropriate by the owner. 25. On the north and south elevations of the car wash, add a pitched roof to match the main building and other buildings in the High Plains Marketplace. 26. Increase width of south access drive to 40 feet. 27. Utilities mounted on the building shall be screened with landscaping. 28. Add deciduous trees to northern landscape buffer, to the extent they can be planted without conflict with utilities located in this area. 29. Provide additional landscape screening on the southern boundary, which landscaping shall be subject to review and approval by the Town Planner. 30. If the applicant is unable to use the name High Plains car wash, as shown on the FOP, the applicant shall provide the substitute name and sign detail for review and approval by the Town Administrator and Town Planner. 4129!200S JO: 17 AM{fijl] F:\Company\f"in::su:n:\Subdivisions\Gonkey.FDP .TB.res.doc 4 RESOLUTION NO. 05-/ 9 A RESOLUTION ADOPTING AMENDMENTS TO THE TOWN OF FIRESTONE PERSONNEL POLICIES WHEREAS, the Town of Firestone has previously adopted Personnel Policies, which Policies may be amended from time to time by Resolution of the Board of Trustees; and WHEREAS, the Board of Trustees by this Resolution desires to enact certain amendments to the Personnel Policies of the Town. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 6.01 of the Town ofFirestone Personnel Polices is hereby amended to read as follows (words to be added are underlined; words to be deleted are striokeH threugh): 6.01 WORK TIME POLICY Employees of the Town are expected to work during all assigned periods, exclusive of bona fide breaks, mealtimes, unscheduled hours, etc. A "normal" work day consists of 8 hours with an additional hour for lunch. The time allotted for lunch/mealtime breaks shall include any travel time to and from the work site. In addition, employees may take two 15-minute breaks at approximately the midway point of each half of their daily working schedule, depending on the work load for that particular day. Breaks shall not be considered to accumulate if they are not taken and shall not be used to shorten the normal work day. The "work week" means the seven consecutive 24-hour periods beginning at 12:00 midnight each Saturday morning and ending at 11 :59 p.m. the following Friday. A "normal" work week typically includes 40 hours. However, the "work period", which is the period of time used to calculate overtime for law enforcement personnel, shall not be as defined above, but shall be as defined in !!the duty and/or work period schedule(s) prepared for such personnel. Section 2. Section 6.02 of the Town of Firestone Personnel Polices is hereby amended to read as follows (words to be added are underlined; words to be deleted arc striekeH thfeugh): 6.02 APPLICATION OF THE FAIR LABOR ST AND ARDS ACT {FLSA) A. The Town is governed by the provisions of the Fair Labor Standards Act (FLSA) in determination of the eligibility for compensatory time and I payment of overtime. With this in mind, management has the right to determine the employee's work week. B. This policy shall be applicable to all employees of the Town who are covered under the FLSA. For purposes of determining compensatory time and overtime, the following definitions apply: I. Regular Employees: All employees, except exempt and non-covered employees. Regular employees are eligible for overtime pay and compensatory time. It is the policy of the Town, however, that overtime pay will be the standard and employees generally will not be allowed to accrue compensatory time without the prior written approval of the employee's Department Head. 2. Exempt Employees: All administrative, executive, professional, and other employees defined as exempt under the FLSA. Exempt employees are not eligible for overtime pay or compensatory time. 3. Non-covered Employees: All elected officials, administrative deputies of elected officials, political appointees, as defined by statute and case law, legal advisors, volunteers, independent contractors, prisoners, and other non-covered employees as may be determined underFLSA. 4. Overtime Pay: Pay at the rate of 1.5 X the regular rate of pay for time actually worked that is more than 40 regular hours actually ef worked in one work week. 5. Compensatory Time: Time off from work that is earned at the rate of 1.5 hours for each hour worked that is more than 40 regular hours in one work week. C. Example of Computation of Overtime: If an employee's regular schedule is: and the employee actually works: Mon Tue Wed Thu Fri Mon Tue Wed Thu Fri 8 8 8 8 8 8 12 10 10 2 then, in this example, the employee would receive 68Hljl0RS!lteFy time 81' overtime pay for 2 hours since the total number of hours worked for the week is 42. The employee would not receive eempeRsatel)' time er overtime pay for the extra hours worked on any single day. An exception to this would be if the additional hours on Tuesday, Wednesday, or Thursday, were call-out emergeRey time as defined in Section 6.05 of this Chapter. Call-out emergeRey hours must be annotated as such on the employee's time sheet and will be compensated as overtime payeempeRSatary ti.me and not compensatory timeaYertime pay, unless atherwise FCEjHirea liy the PLSA er 2 approved in advance m writing by the employee's Department Head S1iperv1ser. Section 3. Section 6.03 of the Town of Firestone Personnel Polices is hereby amended to read as follows (words to be added are underlined; words to be deleted are s!fielrnH thre!igh): 6.03 COMPENSATORY TIME/OVERTIME PAY POLICY A. REQUIREMENT FOR APPROVAL: The Town has the right to require reasonable overtime work from all employees. All overtime, regardless of the manner of payment (cash at 1.5 X or compensatory time off at 1.5 X) must be approved in advance by the supervisor. B. COMPENSATORY TIME: EmpleymeHt Vl<ith the Tewn eeHstitHtes 8fi agreemeHt 11Ad ooderslllAdiHg betweeH the emple)•ee 8fia the Tevffl that eempeHsatery time effe8fi be gi,•eH iH lieH efe,•ertime pay. Compensatory time may be used to compensate overtime only whemmless etherwise re!j:liired by the FLSA er approved in advance in writing by the employee's Department Head. Department Heads can authorize the accrual of compensatory time for employees who work more than 40 hours per week as defined in Subsection 6.02.B of this Chapter. Accrued compensatory time must be strictly limited and monitored by Department Heads. In addition, whenever possible, compensatory time should be taken before vacation leave is used. Some Department Heads have developed more specific policies on the use and accrual of compensatory time. It is the employee's responsibility to become familiar with the policies in their Department. C. OVERTIME PAY: When an employee works more than 40 hours as defined in Section 6.02, Subsection B of this Chapter, those hours, if compensated in overtime pay, will be paid in the pay period during which they were earned at the rate of 1.5 X the regular rate of pay. Payment of overtime is dependent on budgetary constraints 8fia pFier E113pre•,<al ef the S!if3erviser. If budgeted amounts are exceeded or if compensatory time has been approved in writing in advance by the employee's Department Head. evertime pay is Hat !1f3pre,•ed by the S!if3erviser er reEjHired by the FLSA, then the Town will compensate hours in excess of 40 hours per week as compensatory time in lieu of overtime pay. D. PAYROLL CALENDAR. Town employees are paid twice per month, on the last working day before the 16th of each month and on the last working day before the last day of each month. A current year payroll calendar is included as Appendix 3. 3 E. TIME SHEETS: Employees must keep track of their work hours on Town time sheets. Work hours for Police Department employees are tracked by supervisors on master time sheets. Time sheets are submitted to the Payroll Clerk. Sample time sheets are included in Appendix 4 of this manual. Section 4. Section 6.04 of the Town of Firestone Personnel Polices is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfiel.eR tlir-eugh): 6.04 HOLIDAYS Non-exempt employees who work on Town holidays as defined in Chapter 7 of this manual will be compensated with eempeRSatery time at M..x: double their regular rate of pay times the number of hours worked on the holiday, er with e•,•ertime pay at 1.5 X the Rumber efheurs werl,eEI ifsueh e¥ertime pay is reEjwreEI by the FLSA er appre,•eEI iR aEl,•aRee by the super.•iser. Section S. Section 6.05 of the Town ofFirestone Personnel Polices is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfiol.eR through): 6.05 CALL-OUT A. Non-exempt employees are subject to call-out time. All call-out is considered an emergency that requires an employee to perform work after normal duty hours in order to prevent damage to property or persons or which requires immediate attention of the employee and cannot possibly be postponed. The following conditions apply: I. Call-out time begins when the employee leaves his/her home. 2. Call-out time will be compensated as regular time. subject to 6.O5.A.3. below and subject to FLSA requirements for overtime compensation. eempeRsatery time &REI Ret o,•ertime pay, unless etherwise reEjuireEI by the FLSA er appre¥eEI HI aEl•,<aRoe by the super.•iser &REI shall be annotateEI OR their time sheet. 3. Employees who are required to respond to a call-out will receive a miRimum ef 2 hours of 0¥eftime credited for their response,.Jn addition to compensation for time worked as call-out time. and thea mimmum of 2 hours credit of o¥ertime shall be annotated on their time sheet. 4. Employees who work call out. return home, are called out again, and leave the job site within 2 hours of the initial response shall only receive 2 hours of 0¥eftime credit. If they leave the job site and are no longer within the initial 2 hours, they shall receive an additional 2 hours of 0¥eftime credit. 4 5. If an employee is called out, that employee must be in compliance with the Town drug and alcohol policies as set forth in Chapter IO of this manual. Extreme discretion is therefore required of employees who can foresee a call-out situation, such as when snow is forecasted. Employees who are not in compliance with the drug and alcohol policies of this manual when called out must inform their supervisor of their condition and remain at home. Repeated inability to respond when called out can be cause for disciplinary action if the ability to respond after hours is included in the employee's job description. 6. Call-out time ends when the employee leaves the job site. Section 6. Section 7.01 of the Town of Firestone Personnel Polices is hereby amended to read as follows (words to be added are underlined; words to be deleted are slfiel,ea thfeugh): 7.01 PAID HOLIDAYS A. The following holidays shall be observed by the Town and shall be granted with pay to all regular full-time and job-share employees: New Years Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Day January 1st Third Monday in February Last Monday in May July 4th First Monday in September November I I th Fourth Thursday in November December 25th B. In addition to the above-listed holidays, each employee may designate and observe with pay two additional holidays of his or her choosing each calendar year. The employee must designate and obtain his or her supervisor's approval in advance of taking such holiday. These two additional holidays may not be carried over into a subsequent year, and employees are encouraged to discuss with their supervisors the proposed use of these two "floating" holidays well in advance of the dates thereof. C. Holidays that fall on a Saturday will be observed on the prec~ding Friday; a holiday that falls on a Sunday will be observed on the following Monday. Holidays are subject to annual re-evaluation by the Town Board of Trustees and may be revised at any time. Employees will be advised of observed holidays or any changes in December of the year preceding the scheduled holidays. 5 D. Police Department employees shall receive the holidays listed in Subsections A and B, abovea h!lfl!c efheliday time that mllSt he 11Sed during the ealendar year. This h!lfl!c will eeRsist ef IO dll'.,'S ef heliday lea•,·e te e0m13eRsate fer their 365 day 13er year ee·,·ernge. This helid!I'.,' time h!lfl!c is meRitered hy the menagemeet iB t.J:te Peliee Def)aftffieRt and oannot 8e eaffied 0~1er into tJ:te Reict ealeRdar year. Peliee De13er.ment em13l0yees whe hegiR em13l0yment mid year shall reeeiYe a 13r0 rated share ef this helid!I'.,' lea\·e. Police Department employees who are required to work on a paid holiday will be compensated at double their regular rate of pay times the number of hours worked on the holiday. E. Certain employees in addition to police officers may be required to work on paid holidays when the nature of their duties or other conditions so require. If an employee is required to work on a paid holiday, the employee will be compensated at double the employee's regular rate of pay times the number of hours worked on the holidayshall reeeive e0m13eRsate1y time as 13r0\·ided herein. Section 7. This Resolution and the amendments to the Town of Firestone Personnel Policies set forth herein shall take effect April 28, 2005. -.µ, < . -- INTRODUCED,READ,andADOPTEDthis..)J' dayof) 'APR.IL· 2005. 4'2912005 I 0:21 AM[twb }Y:\flrestone\Rcsolutionl.P=onnelPolicicsAmcndmcnt2.res.doc 6 . , TOWN OF FIRESTONE, ·co LO RADO ~ Michael P. Simone Mayor . :·•' '_.L. -( • RESOLUTION NO. 05-~0 • · '~-----' A RESOLUTION ESTABLISHING BUILDING PERMIT FEES WHEREAS, after review and analysis of the costs of providing building inspection, plan review and related services, the Board of Trustees has determined that amendments to the Town of Firestone Fee Schedule are necessary; and WHEREAS, the Board of Trustees wishes to set, by resolution, the amounts of certain fees for building inspection, plan review and related services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The building permit fees required by the Town shall be as set forth in the fee schedule attached hereto and incorporated by reference herein as Exhibit A. Section 2. Pursuant to Section 15.08.020.A of the Firestone Municipal Code, the electrical permit fees required by the National Electrical Code shall be as set forth in the fee schedule attached hereto and incorporated by reference herein as Exhibit B. Section 3. The fees adopted pursuant to this resolution shall take effect on May 1, 2005. INTRODUCED, READ, and ADOPTED this.J84', day of---'a~,_{)Avf ______ , 2005. TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor Attest: 4120/2005 12:21 PM [odl] Y:\Fircstone\Rcsolution\Buildingfee:;200S.rc:s,doe Firestone Town Fee Schedule ~This schedule details the fees charged by the Town for building inspection and plan review,_ services. Fees are charged based on valuation. Valuations are listed in the first column and ~he fee required to be paid for such valuation is listed in the second column.I $1.00 to $1,000.00= $38.75 $31,001.00 to $32,000.00 = $461.95 $1,001.00 to $1,100.00= $41.80 $32,001.00 to $33,000.00= $472.05 $1,101.00 to $1,200.00= $44.85 $33,001.00 to $34,000.00 = $482.15 · $1,201.00 to $1,300.00= $47.90 $34,001.00 to $35,000.00 = $492.25 $1,301.00 to $1,400.00 = $50.95 $35,001.00 to $36,000.00 = $502.35 $1,401.00 to $1,500.00= $54.00 $36,001.00 to $37,000.00= $512.45 $1,501.00 to $1,600.00= $57.05 $37,001.00 to $38,000.00 = $522.55 $1,601.00to $1,700.00= $60.10 $38,001.00 to $39,000.00= $532.65 $1,701.00to $1,800.00= $63.15 $39,001.00 to $40,000.00= $542.75 $1,801.00 to $1,900.00= $66.20 $40,001.00 to $41,000.00= $552.85 $1,901.00 to $2,000.00= $69.25 $41,001.00to $42,000.00 = $562.95 $2,001.00 to $3,000.00= $83.25 $42,001.00 to $43,000.00= $573.05 $3,001.00 to $4,000.00= $97.25 $43,001.00 to $44,000.00 = $583.15 $4,001.00 to $5,000.00= $111.25 $44,001.00 to $45,000.00= $593.25 $5,001.00 to $6,000.00= $125.25 $45,001.00 to $46,000.00 = $603.35 $6,001.00 to $7,000.00= $139.25 $46,001.00 to $47,000.00= $613.45 $7,001.00 to $8,000.00= $153.25 $47,001.00 to $48,000.00= $623.55 $8,001.00 to $9,000.00= $167.25 $48,001.00 to $49,000.00= $633.65 $9,001.00 to $10,000.00 = $181.25 $49,001.00 to $50,000.00= $643.75 $10,001.00 to $11,000.00= $195.25 $50,001.00 to $51,000.00 = $650.75 $11,001.00 to $12,000.00= $209.25 $51,001.00 to $52,000.00= $657.75 $12,001.00 to $13,000.00= $223.25 $52,001.00 to $53,000.00= $664.75 $13,001.00to $14,000.00 = $237.25 $53,001.00 to $54,000.00 = $671.75 $14,001.00 to $15,000.00= $251.25 $54,001.00 to $55,000.00 = $678.75 $15,001.00to $16,000.00= $265.25 $55,001.00 to $56,000.00 = $685.75 $16,001.00 to $17,000.00= $279.25 $56,001.00 to $57,000.00= $692.75 $17,001.00to $18,000.00 = $293.25 $57,001.00 to $58,000.00 = $699.75 $18,001.00 to $19,000.00= $307.25 $58,001.00 to $59,000.00= $706.75 $19,001.00to $20,000.00 = $321.25 $59,001.00 to $60,000.00= $713.75 $20,001.00 to $21,000.00= $335.25 $60,001.00 to $61,000.00= $720.75 $21,001.00 to $22,000.00= $349.25 $61,001.00to $62,000.00 = $727.75 $22,001.00 to $23,000.00= $363.25 $62,001.00 to $63,000.00= $734.75 $23,001.00 to $24,000.00= $377.25 $63,001.00 to $64,000.00= $741.75 $24,001.00 to $25,000.00= $391.25 $64,001.00 to $65,000.00= $748.75 $25,001.00 to $26,000.00= $401.35 $65,001.00 to $66,000.00= $755.75 $26,001.00 to $27,000.00= $411.45 $66,001.00 to $67,000.00= $762.75 $27,001.00 to $28,000.00 = $421.55 $28,001.00to $29,000.00= $431.65 $29,001.00to $30,000.00= $441.75 $30,001.00to $31,000.00= $451.85 $71,001.00to $72,000.00= $797.75 $72,001.00 to $73,000.00 = $804.75 $73,001.00to $74,000.00= $811.75 $74,001.00to $75,000.00= $818.75 $75,001.00 to $76,000.00= $825.75 $76,001.00to $77,000.00= $832.75 $77,001.00 to $78,000.00= $839.75 $78,001.00 to $79,000.00 = $846.75 $79,001.00to $80,000.00= $853.75 $80,001.00 to $81,000.00= $860.75 $81,001.00 to $82,000.00= $867.75 $82,001.00to $83,000.00= $874.75 $83,001.00to $84,000.00= $881.75 $84,001.00 to $85,000.00 = $888.75 $85,001.00to $86,000.00= $895.75 $67,001.00 to $68,001.00 to $69,001.00 to $70,001.00 to $86,001.00 to $87,001.00 to $88,001.00 to $89,001.00 to $90,001.00 to $91,001.00 to $92,001.00 to $93,001.00 to $94,001.00 to $95,001.00 to $96,001.00 to $97,001.00 to $98,001.00 to $99,001.00 to $68,000.00= $769.75 $69,000.00= $776.75 $70,000.00= $783.75 $71,000.00 = $790.75 $87,000.00= $902.75 $88,000.00 = $909.75 $89,000.00= $916.75 $90,000.00 = $923.75 $91,000.00 = $930. 75 $92,000.00= $937.75 $93,000.00= $944.75 $94,000.00= $951.75 $95,000.00= $958.75 $96,000.00 = $965.75 $97,000.00= $972.75 $98,000.00= $979.75 $99,000.00= $986.75 $100,000.00= $993.75 $100,001 to $500,000 = 993.75 for the first $100,000 plus 5.60 for each additional $1000.00 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 = $3233.75 for the first $500,000 plus 4.75 for each additional $1000.00 or fraction thereof, to and including $1,000,000 $1,000,001 and up= $5608.75 for the first $1,000,000 plus 3.15 for each additional $1000. 00 or fraction thereof. (Note: Valuations are calculated using the "Building Valuation Data" sheet last published in the 2002 Building Standards magazine', adjusted by an 8% increase to the amounts set f,,.o-,rt~h-o-n"'"'th_e_a7b-ove·~ta~b-le-e"7.ff""ec-ti~ve May 1, 2005. This Valuation Table shall be increased ~nnually at the rate of 2.6% ~er year, commencing May_J_, 2006. Firestone Town Fee Schedule Fees for Additional Inspections and Services Plan review fees • Single and multi-family residences: Thirty (30%) percent of the building permit fee ~ Small commercial projects: Thirty (30%)_percent of the building permit fee ■ New commercial projects: Sixty-five (65%) percent of the building permit fee ~Multi-family residences reviewed under the IBC: Sixty-five (65%)_percent1 ,of the building permit fe~ Stock model/"Same as" plan review fees for previously reviewed models • No changes ....................................................................................................................................... $ 45.00 • Minor changes ................................................................................................................................. $100.00 • All other changes ................................................................................................... Full plan review fee Mobile Home, Manufactured Home, and Factory-built Units Placed in an approved mobile home park ....................................... $230.00 Mobile Home $190.00 plus $40.00 State lnsig.,._.n ... ia'-----~------~---' Used as temporary storage or as an accessory structure ...................................................... $ 75.00 _,.Fees for a mobile home, manufactured home, or factory-built unit set on a permanent foundation in other than an approved mobile home park will be calculated as detailed in the "Manufactured Homes" section of this fee schedule. [Note: Electrical inspection fees are added to the above numbers] Other inspections and fees Inspections outside of normal business hours (minimum charge two hours) ................... $50/hr Reinspection fee ......................................................................................................................................... $45.00 Inspections for which no fee is specifically indicated .............................................................. $50/hr Additional plan review required by changes, additions, or revisions ................................... $50/hr Investigation fee ......................................................................................................... 50% of the permit fee Pre-Move inspections for dwellings Within 30 miles of City .......................................................................................................................... $150.00 More than thirty miles from City ..................................................................................................... $250.00 Firestone. Town Fee Schedule Electrical Fees Residential: This includes single-family dwellings, site-built and modular/factory-built homes, duplexes, condominiums, and townhouses. Not more than 1000 sq. ft ...................................................................................................................... $46.00 Over 1000 sq. ft. and not more than 1500 sq. ft ......................................................................... $51.75 Over 1500 sq. ft. and not more than 2000 sq. ft .......................................................................... $63.25 Per 100 sq. ft. in excess of 2000 sq. ft ............................................................................................ $ 3.45 All other electrical fees: Except as provided above, electrical fees sholl be computed on the dollar value of the electrical installations including time, material, and contractor profit. Such fees shall be calculated as follows: Valuation of work: Not more than $300 .................................................................................................................................. $46.00 More than $300, but not more than $2000 .................................................................................... $51.75 More than $3000, but not more than $50,000 ............................................................................... $19.55 Per thousand or fraction thereof of total valuation More than $50,000 but not more than $500,000 ......................................................................... $18.40 Per thousand or fraction thereof of total valuation PLUS ........................................................ $57.50 More than $500,000 .................................................................................................................................. $17.25 Per thousand or fraction thereof of total valuation PLUS ..................................................... $632.50 Mobile homes in a mobile home park .................................................................................................... $46.00 Reinspection on any of the above .......................................................................................................... $51.75 Construction meter ..................................................................................................................................... $40.00 [Note: Fees are based on the most current version of the fee schedule provided by the State of Colorado Electrical Board.] Firestone Town Fee Schedule Manufactured Homes For the purposes of this fee schedule, "manufactured homes" will mean UBC or HUD-certified mobile, factory-bui It, or manufactured homes on a permanent foundation. Permanent foundations shall be of pressure treated wood, masonry or concrete constructed in accordance with the building code. □ Fees for "blocked and tied" manufactured homes will be $250 plus a $40 fee for the construction meter inspection plus a $40 fee for the State Insignia for a total base fee of $330. This will include homes placed on piers and welded to rebor anchors. □ Fees for a manufactured home placed on a permanent foundation over crawl space will be calculated as: ► The square footage of the crawl space will be multiplied by the value published in the most current issue of ICBO's Building Standards magazine. The Town Fee Schedule will then be used to calculate the portion of the fee associated with the crawl space/foundation work. ► The base fee of $330 will then be added to the above fee to arrive at the total building permit fee. □ Fees for a manufactured home placed on a permanent foundation over an unfinished basement will be calculated as: ► The square footage of the basement will be multiplied by the value published in the most current issue of ICBO's Building Standards magazine. The Town Fee Schedule will then be used to determine the basement-portion of the permit fee based on the calculated valuation. ► The base fee of $330 will then be added to the above fee to arrive at the total building permit fee. □ Fees for a manufactured home placed on a permanent foundation over a finished basement will be calculated as: ► The square footage of the basement will be multiplied by the value published in the most current issue of ICBO's Building Standards magazine. The Town Fee Schedule will then be used to determine the basement-portion of the permit fee based on the calculated valuation. ► The base fee of $330 will then be added to the above fee to arrive at the total building permit fee. Firestone Town Fee Schedule "Single Stop" Projects The following fee schedule has been developed for projects that typically require a single inspection. Note that in almost all cases these fees are lower than those calculated by the current method of using the total project valuation. Plan reviews are not necessary for these projects, so Town Hall may issue permits "over the counter" using the fee schedule below. Many of these projects require that the homeowner be present at the time of inspection. We will do our best to accommodate individual homeowner's schedules, but it is the responsibility of the homeowner to make sure someone is available at the site for the inspection if necessary. Since the fees below are based on a "single stop", a reinspection fee will be assessed if the homeowner is not available, if the work is not readily accessible, or if the work is not complete. Project Inspection fee Furnace/ Air Conditioner $45.00 Roof (re-shingle) $45.00 Water heater $30.00 Sprinkler svstem $30.00 Siding or window replacement•• $45.00 Fence $30.00 Water and sewer (EACH) $40.00 Demolition $30.00 Reinspection for any of the above••• $30.00 **For window replacement projects where the window sizes are not changing, this fee schedule applies. However, if window sizes are being changed or structural changes are being made to accommodate new windows, it will be necessary for CIA to perform a plan review on the project, and the fees will be based on the total project valuation. •••A reinspection fee will be charged for any of the "flat fee" inspections that cannot be completed when called for. RESOLUTION NO. f25..:__.2 / A RESOLUTION APPROVING A GRANT AGREEMENT BETWEEN THE TOWN AND. THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR FUNDING OF SAINT VRAIN RANCH PARK WEST. WHEREAS, the Town of Firestone supports the completion of Saint Vrain Ranch Park West; and WHEREAS, the Town applied for and has been awarded a local government parks and outdoor recreation project grant from Great Outdoors Colorado to fund Saint Vrain Ranch Park West ("Grant"), subject to the execution of a detailed grant agreement; and WHERAS, in furtherance of such Grant, the Town desires to execute the grant agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Grant Agreement between the Town and the State Board of the Great Outdoors Colorado Trust Fund (the "Agreement") is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. The Mayor is authorized to execute such Agreement on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. Section 2. The Board of Trustees hereby authorizes the expenditure of funds as necessary to meet the terms and obligations of the Agreement and application. Section 3. This Resolution shall be in full force and effect from and after the date of its passage and approval. '-/,I,, ,,.---._ Cl , 2005 INTRODUCED, READ, AND ADOPTED this / 4 day of '----+~ TOWN OF FIRE E, LORADO Michael P. Simone Mayor ATTEST: .-···\owN····· ... . ·~ ~~~[~ Hegwo Q :Clerk SEAL . . . . ··...... . .. ·•·· 7/13/lOOS 11 :02 AM[c,dl) Y:\Firesi:one\Resohrtion\CiOCOGrant,rcs.doc 2 RESOLUTION NO. 05-,;J.;).. A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR CHECKER AUTO PARTS WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for Checker Auto Parts, on Lot 6, Block 2, Firestone Center, Town of Firestone; and WHEREAS, all materials related to the application have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section ] The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan for Checker Auto Parts, on Lot 6, Block 2, Firestone Center, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. ,:1-1. INTRODUCED, READ AND ADOPTED thisdl day of July, 2005. :::::::::--_ ., ..... 10"''' ~, $~~\., ~ ,.,_,/? :Clerk TOWN OFF Mi ael P. Simone Mayor ,COLORADO General I. Enlarge Vicinity Map. EXHIBITA Final Development Plan Conditions of Approval Checker Auto Parts 2. Architectural materials shall be as set forth in the materials board provided at the Board public hearing. 3. Modify site plan and landscape plan as shown on the Town Planner's redlines. The final plant list shall be subject to review and approval by the Town Planner. 4. Make the north access 40-feet wide. 5. Modify documents pursuant to comments from the Town Engineer. 6. Revise legal description to read "Lot 6, Block 2" throughout. 7. Correct spelling and punctuation errors throughout. 8. Add Firestone information block to each sheet of the FOP. Notebook 9. Provide an updated Title Commitment. 10. In the Development Documents, section 8, add the FOP text in 8-l/2xl I format that is legible in size. FDP Caver Sheet 11. In the Acceptance Block section add the specific name of the owner as stated in the Title Commitment. 12. Revise the Controls paragraph in accordance with comments from the Town Attorney. Text Sheet 13. Provide calculations for CBT water requirements pursuant to direction from the Town Engineer. 14. In the Sign Program section, add specific provisions describing the necessary directional signage, consistent with the signage on the approved FOP. 2 15. In the Parking section, provide the area (in square feet and percentage) for the noted internal landscaping area. 16. In the Building Height section, specify the actual height of the building. Site Piao aod Details 17. Specify the area of the building that will be used for a match of the color of the trash enclosure door. This color shall be subject to review and approval by the Town Planner. 18. In the detail for the retaining wall, note that the wall materials and colors match that used for Colorado Community Bank. 19. Add lighting details to FDP; in particular, specify lighting locations and add fixture details showing that this project will use the same light fixtures as used at Colorado Community Bank. Landscape Piao 20. Clarify where "River Rock" is being placed. 21. Use only bluegrass for turf areas. 22. Clarify landscaping between the wall and the property line on the south. Elevations 23. Show sign locations on building walls and note them as Checker Auto signs. 24. The sign dimensions shall be generally consistent or compatible with Colorado Community Bank. I!tility Piao Sheet 25. Provide service confirmation from the Fredrick Firestone Fire Protection District and correct references to the name of the district in the FDP. Additional fire hydrant locations shall be added if required upon a Town/district analysis of on existing and proposed hydrants. 26. Provide service confirmation from the St. Vrain Sanitation District. 27. Provide AWWA water meter sizing calculations pursuant to comments from the Town Engineer. Irrigation Piao 28. Show location of the backflow prevention device in the plan view. 29. Detail is needed for the connection of a backflow prevention device with the meter. Drainage Report 30. Modify the Drainage Report pursuant to comments from the Town Engineer. Additional Conditions • 31. Add note to FDP prohibiting auto repair on the premises. Add signage to advise customers of such prohibition. The note and signage shall be subject to review and approval by the Town Planner. 32. Peak the roof on the south-facing parapet to be more consistent with the roof lines at Bluestem Plaza and Colorado Community Bank. 33. Remove language regarding berms from the FDP. 34. Provide additional landscaping on the rear and sides of the building to soften the exterior architectural components, as shown on the Town Planner's redlines. 35. Reduce irrigated bluegrass in the eastern end of the property to a ten-foot landscape buffer on the interior side of buffer area. If the remaining portion of the lot between this buffer and the lot line is not conveyed to and used as a part of the adjacent development, then the owner of this Lot shall, within eight months from the date of recording of the FDP for the adjacent development (Lot 5), or July 1, 2010, whichever first occurs, complete landscaping of this area according to a landscape plan detail approved by the Town Planner. Such plan detail shall be finalized prior to recording of this FDP. Additionally, if the owner of this Lot is required to landscape such area pursuant to this paragraph, then the Lot owner shall satisfy the water rights dedication requirement for such landscaped area at or before the required completion deadline set forth above. The applicant shall execute a development agreement to confirm this "phase 2" landscape and water dedication obligation. 7/29/2005 4:07 PM[5J1) Y:\Flrcstone\Subdivisions\Checku-AutoPens.FOP.TB,n::s.(final) 4