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HomeMy WebLinkAboutJULY 2016 - 2018Town Board Resolutions __ ._ July 27, 2016 - a-Q 1-6'. RESOLUTION 18-60 A RESOLUTION APPROVING LEGAL SERVICES ENGAGEMENT AGREEMENT FOR TOWN OF FIRESTONE LEASE -PURCHASE AGREEMENT AND ISSUANCE OF CERTIFICATES OF PARTICIPATION WHEREAS, the Town is in need of Legal Services for work related to the expansion of Town Hall and construction of new Public Works facilities and has requested Butler Snow LLP provide that service; and WHEREAS, the Board of Trustees finds that this Legal Services Engagement Agreement is in the best interest of the Town and its citizens and desires to authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Legal Services Engagement Agreement (the "Agreement") between the Town of Firestone and Butler Snow LLP is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. Section 2. The Interim Town Manager is hereby authorized to execute and deliver the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 19th day of December, 2018. TOWN r SEAL 10 EST. A. ti rr�e X if 4 11 v I lKi Leah Vanarsdall, Town Clerk TqkN OF FIRESTONE &A� / & bi Sin 1 r, Mayor RESOLUTION NO. 18-59 A RESOLUTION APPROVING AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND CLEAR WATER RIGHTS, INC., DIBIA CLEAR WATER SOLUTIONS, INC., FOR COMPLETION OF A DROUGHT MANAGEMENT PLAN WHEREAS, the Water Conservation Board in the Colorado Department of Natural Resources ("CWCB") provides grants to facilitate the development of additional water storage; to provide technical assistance, project, or program funding for agricultural projects; to implement long-term strategies for conservation, land use, and drought planning; and for water education, outreach, and innovation efforts; and WHEREAS, CWCB has awarded the Town with a grant to engage a consultant to assist the Town in developing a drought management plan; and WHEREAS, the Board of Trustees finds that Clear Water Rights, Inc., d/b/a Clear Water Solutions, Inc. (the "Consultant") has the requisite expertise, qualifications, and background necessary to assist the Town in developing the plan; and WHEREAS, there has been proposed an Agreement between the Town and Consultant for Consultant's completion of the drought management plan for the benefit of the Town (the "Agreement"); and WHEREAS, the Board of Trustees has determined that the proposed Agreement is in the best interests of the Town and desires by this Resolution to approve said Agreement and authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The proposed Agreement by and between the Town of Firestone and Clear Water Rights, Inc., d/b/a Clear Water Solutions, Inc., for Completion of a Drought Management Plan ("Agreement") is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. 2. The Mayor is authorized to execute the Agreement, except that the Mayor is hereby granted the authority 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. 3. The Mayor, Town Manager, and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Agreement. INTRODUCED, READ, and ADOPTED this 12'h day of December, 2018. TOWN OF FIRESTONE, COLORADO 1 �- B bi Sinde ar Mayor Attest: TOWN Leah Nyanairsdall c,c s�� ) o p �Q Town Clerk iv "C' 121102018 12:43 PM ld=l R'.WiMtooelRCWtution\R= Approving Clear %%'nter SOImIOM Agrmmcnt 2019.docx RESOLUTION 18-58 A RESOLUTION APPROVING A CONSULTING SERVICES AGREEMENT WITH HALCYON DESIGN LLC IN CONNECTION WITH THE DESIGN AND CONSTRUCTION OF THE TOWN HALL ADDITION AND REMODEL WHEREAS, the Town of Firestone ("Town") desires to engage Halcyon Design LLC ("Consultant") for the purpose of providing design and construction consulting, document preparation, and construction oversight services in connection with the design and construction of the of the Town Hall addition and remodel ("Services"); and WHEREAS, the Consultant represents that it has the special expertise, qualifications, and background necessary to complete the Services; and WHEREAS, there has been proposed an agreement between the Town and the Consultant for the Services ("Agreement"); and WHEREAS, the Town Board of Trustees finds that the Agreement is in the best interest of the Town and its citizens and desires to authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The proposed Agreement between the Town of Firestone and Halcyon Design LLC for consulting services in connection with the design and construction of the Town Hall addition and remodel is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. 2. The Mayor is authorized to execute the Agreement, and the Mayor is hereby granted the authority 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. INTRODUCED, READ AND ADOPTED this 19th day of December, 2018. ATTEST: 'Qti 4j'l od -VI "',-vul Leah Vanars Ial , Town Clerk V-STON� �PC6UN-r`. , G0� TOWN OF FIRESTONE, COLORADO RESOLUTION 18-57 A RESOLUTION APPROVING INTERIM TOWN ATTORNEY LEGAL SERVICES ENGAGEMENT AGREEMENT WHEREAS, the Town is in need of Interim Legal Services and has requested Brownstein Hyatt Farber Schreck provide that service; and WHEREAS, the Board of Trustees finds that this Interim Town Attorney Legal Services Engagement Agreement is in the best interest of the Town and its citizens and desires to authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Interim Town Attorney Legal Services Engagement Agreement (the "Agreement") between the Town of Firestone and Brownstein Hyatt Farber Schreck is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. Section 2. The Interim Town Manager is hereby authorized to execute and deliver the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 12th day of December, 2018. F�R�Sp •1 g91 SBA !o° � fQ ATTEST: 'Ilk Leah Vanarsdall, Town Clerk T94N OFF ESTON , COLORADO i Sinde , Mayor IVA ho b RESOLUTION NO. 18-55 A RESOLUTION APPROVING AN OPTION TO PURCHASE AGREEMENT WHEREAS, by Ordinance No. 897 adopted October 12, 2016, the Board of Trustees approved a Purchase, Sale and Exchange Agreement (the "Agreement") between the Town and L.G. Everist, Incorporated ("LGE"); and WHEREAS, the Agreement authorizes the Town and LGE to enter into an Option to Purchase Agreement that gives the Town the option to purchase from LGE the Brooks Farm Parcel (as defined in Exhibit B of the attached Option to Purchase Agreement), a clay lined gravel pit, water rights, and related rights (the "Valley Option"); and WHEREAS, Ordinance No. 897 states that the terms and conditions of the Valley Option shall be presented to the Board of Trustees for review and action by resolution; and WHEREAS, there has been proposed an Option to Purchase (Brooks Farm) Agreement (the "Option Agreement") related to the Valley Option; and WHEREAS, the Board of Trustees finds that the Option Agreement is in the best interest of the Town and its citizens and desires to authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Option to Purchase (Brooks Farm) Agreement (the "Option Agreement") between the Town of Firestone and L.G. Everist, Incorporated is hereby approved in essentially the same form as the copy of such Option Agreement accompanying this Resolution. Section 2. The Mayor or Town Manager (or his designee) are hereby authorized to execute and deliver the Option Agreement on behalf of the Town; provided that the Mayor, in consultation with the Town Manager and Water Attorney, is hereby granted the authority to negotiate and approve such revisions to said Option 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 Option Agreement are not altered. Section 3. , Notwithstanding the foregoing, the decision of whether or not to exercise the Valley Option, the terms and conditions of the Purchase and Sale Agreement (Exhibit B to the Option Agreement) and appropriation of funds for the same shall be presented to the Board of Trustees for review and action by resolution or ordinance, as applicable. INTRODUCED, REAQ—A—ND ADOPTED this 12th day of December, 2018. �ESToN 1 V 10 OVNTY, TOWN OF FIRESTONE, COLORADO no �' ATTEST: c J &1,04,"# Leah Vanarsdall, Town Clerk RESOLUTION 18-54 A RESOLUTION APPROVING COOPERATIVE DEVELOPMENT PLAN AGREEMENT WHEREAS, the Town and Crestone Peak Resources LLC (Crestone) value a balanced approach to oil and gas development that protects community health, safety, and welfare; and WHEREAS, the Town and Crestone have jointly negotiated a Cooperative Development Plan Agreement that seeks to mitigate impacts from oil and gas development; and WHEREAS, the Board of Trustees finds that this Cooperative Development Plan Agreement is in the best interest of the Town and its citizens and desires to authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Cooperative Development Plan Agreement (the "Agreement") between the Town of Firestone and Crestone 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 and deliver the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 12th day of December, 2018. =f L °sEA SEX my jQ ATTEST: COTY, GOti Leah Vanarsdall, Town Clerk WN OF qJRESTO1q , COLORADO � k"14 b bi Sinddfir, Mayor RESOLUTION NO. 18-53 A RESOLUTION AUTHORIZING THE APPROPRIATE TOWN OFFICIAL TO SIGN THE FIRST AMENDMENT TO THE COMPATIBLE DEVELOPMENT AND SURFACE USE AGREEMENT. WHEREAS, on September 25, 2006, Foundation Energy Management, LLC, and EnCana Oil & Gas (USA) Inc. entered into a Compatible Development and Surface Use Agreement with the Town of Firestone and the Firestone Finance Authority and such agreement was recorded in the records of the Clerk and Recorder of Weld County, Colorado at Reception No. 3427732 on October 16, 2006; and WHEREAS, Crestone is the successor -in -interest to the mineral operating working interests of Foundation Energy Management, LLC and EnCana Oil & Gas (USA) Inc. in the Property and under the Compatible Development and Surface Use Agreement; and WHEREAS, Crestone and the Town of Firestone now wish to amend the Compatible Development and Surface Use Agreement; and WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, considered the acceptance of the First Amendment to Compatible Development and Surface Use Agreement on December 12, 2018; and WHEREAS, the Board of Trustees believes it is in the best interest of the Town and its citizens to accept the First Amendment to Compatible Development and Surface Use Agreement. 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 hereby approves the First Amendment to Compatible Development and Surface Use Agreement, and authorizes the appropriate Town Official to sign and bind the Town to the Agreement. INTRODUCED, READ AND ADOPTED this 12th day of December, 2018. S-TO► 'F 4r,��Ow O st,� M Ot1NT`! �. Leah Vanarsdall, Town Clerk T TOWN OF FIRESTONE, COLORADO '�i /AA4 bi Sinde ayor RESOLUTION NO. 1R_52 A RESOLUTION APPROVING A THIRD AMENDMENT TO THE FACILITY USE LICENSE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CARBON VALLEY HELP CENTER WHEREAS, on September 12, 2012, the Town of Firestone ("Town") and the Carbon Valley Help Center ("CVHC" or the "Center") entered into a Facility Use License Agreement ("Agreement") for the Center's use of the old Town Hall located at 150 Buchanan Avenue in Firestone; and WHEREAS, on September 18, 2018, the parties extended the Agreement for an additional six months by the Second Amendment to Facility Use License Agreement ("First Amendment"); and WHEREAS, there has been proposed a Third Amendment to Facility Use License Agreement ("Second Amendment") to extend the term of the Agreement until August 31, 2020, and further authorize the Town Manager to grant one, six-month extension; and WHEREAS, the Board of Trustees has determined that the proposed Third Amendment is in the best interests of the Town and desires by this Resolution to approve said Third Amendment and authorize its execution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: fiction 1. The proposed Third Amendment to Facility Use License Agreement ("Third Amendment") between the Town of Firestone and Carbon Valley Help Center for use of the old Town Hall at 150 Buchanan Avenue in Firestone is hereby approved in essentially the same form as the copy of such Third Amendment accompanying this Resolution. Section 2. The Mayor and Mayor Pro-Tem, or either of them, is hereby authorized to execute the Third Amendment, except that each is hereby further granted the authority to negotiate and approve such revisions to said Third Amendment as are determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Third Amendment are not altered. Section 3. The Town Manager and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Facility Use License Agreement, as amended, to administer amendments, and to execute and deliver any and all documents necessary to effect the provisions thereof, including without limitation that the Town Manager is delegated the authority to grant or deny a request for extension under Section 2 of said Facility Use License Agreement, as amended. INTRODUCED, READ, and ADOPTED this 12th day of December 2018. TOWN OF FIRESTONE, COLORADO ATTEST: Y I Leah Vanarsdall, Clerk RESOLUTION NO. 18-51 A RESOLUTION PRESCRIBING WATER RATES, FEES, TOLLS 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 operating and maintaining the Town's water system, including completion of a water rate study and an analysis of capital needs, and in consideration of applicable CWCWD increases and increases in the costs of operating, maintaining and improving the Town's water system, the Board of Trustees has determined that increases in the water system rates, fees, tolls and charges are necessary; and WHEREAS, the current water taps fees and monthly water rates do not adequately provide for the capital needs and operations of the Town's water system; and WHEREAS, the Board of Trustees by this resolution desires to establish various rates, fees, tolls and charges for Town water service and water usage, effective January 1, 2019; 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 Base Rate Water Water Charge Per 1,000 Gallons Included in Base Size Charge Rate Gallons Rate (Gallons) Residential 5/8" $ 26.50 -0- 3/4" $ 40.64 -0- 1" $ 67.13 -0- 1-1/2,, $ 132.48 -0- 2" $ 213.74 -0- Residential 0-5,000 $ 2.51 5,001-20,000 $ 4.42 20,001-40,000 $ 7.07 Above 40,000 $ 8.84 Commercial, Industrial, Irrigation, Mobile Home Parks, Multi - Family 5/8" $ 26.50 -0- 3/4" $ 40.64 -0- 1" $ 67.13 -0- 1-1/2" $ 132.48 -0- 2$$ $ 213.74 -0- 3" $ 399.21 -0- 6" $ 1,578.45 -0- Commercial & All usage $ 3.89 Industrial Irrigation Only All usage $ 5.92 Mobile Home All usage $ 4.77 Parks Multi -Family All usage $ 3.89 Out —of-Town Base rates and gallon charges for any out-of-town service shall be Rates two times the in -Town rates and charges. 2 Section 2. Connection, capital investment and repair fees. The following connection and capital investment and repair fees shall be imposed, except that the Town 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 Fee and Repair Fee Investment Fee Size CWCWD Town CWCWD Total 5/8" $ 5,800 $ 3,000 $ 4,000 $ 12,800 3/4" $ 7,700 $ 4,500 $ 6,000 $ 18,200 P $12,500 $ 7,500 $10,000 $ 30,000 1-1/2" $23,000 $ 17,000 $20,000 $ 60,000 2" $36,400 $ 28,000 $32,000 $ 96,400 Connection and capital investment and repair fees as well as any other fees 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 and capital investment fees imposed by CWCWD, and all other factors relevant to the application. All taps requiring a meter larger than 2" and all taps applied for where the service requested is outside of the Town limits shall be by contract with the Board of Trustees. Out-of-town taps of 2" or less shall be charged fees at two times the amount of in -Town fees. Section 3. Construction Hydrant Meter Rental Terms. 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 $ 1,500.00 per meter Administration Fee $ 25.00 per permit Meter Rental $ 2.00 per day Late Charge $ 5.00 per day Water Usage Rate $ 3.89 per 1,000 gallons Section 4. Meter & Yoke Fees. The following fees shall be imposed for Meter and Yoke assemblies installed by the Town for new service connections; such fees for taps requiring a meter larger than 2" shall be as set by contract with the Board of Trustees: Meter Tap Size Administrative Fee Meter & Yoke Cost Total Meter & Yoke Fee 5/8" $25.00 $ 1,032.19 $1,057.19 3/4" $25.00 $ 1,607.32 $1,092.32 1" ' $25.00 $ 1,379.96 $1,404.96 1-1/2" Commercial $25.00 $ 3,443.90 $3,468.90 1-1/2" Irrigation $25.00 $ 2,446.46 $2,471.46 2" Commercial $25.00 $ 4,393.85 $4,418.85 2" Irrigation $25.00 $ 3,017.41 $3,042.41 Section 5. This Resolution shall become effective on January 1, 2019. Section 6. Town of Firestone Resolution No. 17-58 is hereby repealed in its entirety. 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 �� ��- DAY OF,,`��� , 2018. TOWN OF FIRESTONE, COLORADO :Z SinddW ATTEST: O j Leah Vanarsdall, Town Clerk IV6118 12:45 PM [ncb] R;\Firesione5Rcsotution\RmtLLtion for Wafer Rate Incre= 2019 (kpc redhe).docx 4 RESOLUTION NO. 18-50 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE GOULD 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 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 applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: 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. 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. No Iand 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. i. 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 37.32 acres, more or less. k. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12-105(1)(e), C.R.S. 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. M. An impact report has been prepared and filed with the Weld County Board of County Commissioners pursuant to Section 31-12-108.5, C.R.S. 3. Four copies of an annexation map of each 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 1 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 Sections 31-12- 107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article 11, 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 12`h day of December, 2018. DAL (ATTEST:ra Leah Vanarsdall, Town Clerk 1126118141 PM [ncb] R:SFiresiom%AnncMnlion%ouknagibilby.reso.do EXHIBIT A - LEGAL DESCRIPTION Gould Annexation A part of Lot B of Recorded Exemption 1209-31-3-RE 2340, an recorded exemption recorded December 21, 1998, as Reception No. 2661939 of the records of Weld County, Colorado, and Subdivision Exemption SE-734, a subdivision exemption recorded December 21, 1998, as Reception No. 2661938 of the records of Weld County, Colorado, all located in the SW1/4 of Section 31, T3N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 31, from which the E1/4 Corner of said Section 31 bears N00007'56"E, 2651.27 feet (Basis of Bearing), thence N00°07'56"E, 30.00 feet along the West Line of the SW1/4 of said Section 31 to the Northerly Right-of-way Line extended Westerly of Zinnia Avenue (Weld County Road 26), according to BROOKS FARM FIRST & SECOND ADDITIONS, an annexation to the Town of Firestone recorded June 15, 2001, as Reception No. 2857771 of the records of Weld County, Colorado; Thence S89030'04"E, 30.00 feet along the Northerly Right-of-way Line extended Westerly of said Zinnia Avenue (Weld County Road 26) to the Easterly Right-of-way Line of Colorado Blvd. (Weld County Road 13), also being the Easterly Line of FIRESTONE NORTH ANNEXATION, an annexation to the Town of Firestone recorded January 16, 2015, as Reception No. 4076118 of the records of Weld County, Colorado, and the POINT OF BEGINNING: Thence N00°07156"E, 1439.33 feet along the Easterly Right -of way Line of said Colorado Blvd. (Weld County Road 13) and along the Easterly Line of said FIRESTONE NORTH ANNEXATION to the Northerly Line of said Lot B; Thence S88057'49"E, 1063.26 feet along the Northerly Line of said Lot B to the Northeasterly Corner thereof; Thence S00°15'26"W, 107.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence N88057'49"W, 36.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence S00°15'26"W, 744.44 feet along the Easterly Line of said Lot B to an angle point thereof; 4 Thence S88°57'49"E, 261.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence S00015'26"W, 575.79 feet along the Easterly Line of said Lot B to the Northerly Right -of --way Line of said Zinnia Avenue (Weld County Road 26); Thence N89030'04"W, 1285.01 feet along the Northerly Right-of- way Line of said Zinnia Avenue (Weld County Road 26) and along the Northerly Line of said BROOKS FARM FIRST & SECOND ADDITIONS to the Easterly Right-of-way Line of said Colorado Blvd. (Weld County Road 13) and the POINT OF BEGINNING. Area = 37.320 acres, more or less. 5 RESOLUTION NO. 1849 A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR CRESTONE PEAK RESOURCES TO LOCATE NINETEEN OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, Crestone Peak Resources (hereinafter "Creston" or "Applicant") has submitted an application and supporting materials to the Town of Firestone, pursuant to Chapter 15.48 of the Firestone Municipal Code, for special use permits to locate within the Town oil and gas wells referred to as the proposed Bighorn 4A-17H P267 through Bighorn 4S-17H P267 Wells ("Application"); and WHEREAS, the Application was reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil and 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 Application; and WHEREAS, after the public hearing of the Planning and Zoning Commission, at which evidence and testimony were entered into the record, the Planning and Zoning Commission found the special use request for the well should be approved subject to certain conditions, and made its recommendation of approval by resolution to the Board of Trustees; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Board of Trustees held a properly noticed public hearing on the special use application, at which evidence and testimony were entered into the record; and WHEREAS, the Board of Trustees has duly considered the Application, the evidence and testimony presented at the hearing, and the resolution of the Planning and Zoning Commission, finding the Application to conform to the review criteria set forth in Section l 5.48.050 of the Firestone Municipal Code, and desires to approve the Application subject to certain conditions, pursuant to Chapters 15.48 and 17.32 of the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees has reviewed Crestone Peak Resources's (hereinafter "Crestone" or "Applicant") application for special use permits to locate within the Town oil and gas wells referred to as the proposed Bighorn 4A-17H P267 through Bighorn 4S-17H P267 Wells ("Application"), in relation to the review criteria set forth in Sections 15.48.050 and 17.32.030 of the Firestone Municipal Code, and finds that the use proposed in the Application is compatible and beneficial to the surrounding properties and inhabitants and not detrimental. Section 2. The Board of Trustees hereby approves the Application and the special use permit request therein for the placement of nineteen oil and gas wells on the parcel more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, subject to the terms and conditions set forth in said permit, which is incorporated herein by this reference, and subject the following conditions: 1. The Town's special use approval shall expire on the date of expiration of the Colorado Oil and Gas Conservation Commission ("COGCC") 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. 2. 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 COGCC permit for such well and the final special use permit application materials approved and incorporated herein by this resolution. 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. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 4. Prior to commencement of any work within the Town, the Applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 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, including but not limited to a Town of Firestone Overweight Permit. 6. 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. Applicant at its sole expense shall control fugitive dust at the well site and on private access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and COGCC regulations. The oil/gas well facilities shall utilize setbacks as specified in COGCC Rules. 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 using the Town's standard fence and screening detail. Machinery at the site shall be maintained to mitigate noise. 2 10. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 11. The use of pump jacks shall be limited to those running on electric motors. 12. Oil and gas operations at the well site shall comply with COGCC Rule 802, noise abatement regulations. Operations are subject to the maximum permissible noise levels for Residential/Agricultural/Rural Zones, as measured at a point twenty-five (25) feet from an occupied structure, toward the noise source. Short-term increases shall be allowable as described in COGCC Rule 802.c. Stimulation or re -stimulation operations are governed by COGCC Rule 802. All rig engines are to be muffled with the exhaust directed away from adjacent residences in the vicinity, and the door to the engine kept closed to the extent reasonably possible. 13. Revise application materials to include on the Vicinity Map the location of the proposed drill site within the larger site boundary. 14. Revise application materials to include on the Vicinity Map the name and address of the operator and the name of the person preparing the site plan or map. 15. As a result of anticipated impacts to the Town's roadway system and the bridge over the Coal Ridge Ditch, Applicant must enter a special use permit agreement with the Town, in a form to be approved by the Town Attorney, to contribute to the 2.5-inch asphalt overlay for the roadway between the drill site access point and the bridge over the Coal Ridge Ditch and replacement of the bridge over Coal Ridge Ditch next to the drill site access point. 16. Revise application materials to reflect all access and roadways will be a minimum of 26 feet in width, constructed of all weather surface, and capable of supporting 75,000 pounds. INTRODUCED, READ AND ADOPTED this 12th day of December, 2018. O �= 0 ° t Q ATTEST: r: o 44�0610�kclbl� l . Leah Vanarsdall, Town Clerk 12/4118 12.43 PM SUP Appm%mLr6oAd 3 TOWN OF FIRESTONE, COLORADO ,� V /001_J EXHIBIT A Legal Description A parcel of land located in the Southeast Quarter of the Southeast Quarter of Section 17, Township 2 North, Range 67 West of the 611 Principle Meridian, Town of Firestone, Weld County, Colorado. 4 RESOLUTION NO. 18-48 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE 2018 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2019 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Firestone on December 12, 2018 adopted the annual budget for the 2019 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 2019 budget year; and WHEREAS, the 2018 valuation for assessment for the Town of Firestone as certified by the County Assessor is $217,538,150; 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 2019 budget year by December 15, 2018, and by this Resolution desires to so certify its general 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 2019 budget year, there is hereby levied a tax of 6.805 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2018. Section 2. That the Town Director of Finance 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 12" day of December, 2018. TOWN OF FIRESTONE, COLORADO F �Eaw �N 10 Attest: Oc; 00 AVM ly G Leah Vanarsdall, Town Clerk RESOLUTION NO. 18-47 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 2019 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 12, 2018; 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 Sales Tax Capital Improvement Fund (1%) $ 27,182,768 $ 1,837,617 Sales and Use Tax — Police Facilities Capital Improvement Fund (.6%) $ 10,078,500 Firestone Finance Authority $ 149,575 Firestone Urban Renewal Authority -- Southern $ 0 Firestone Urban Renewal Authority — Northern $ 1,324,225 Firestone Urban Renewal Authority — Central $ 49,863 Water Fund $ 9,675,830 Stormwater Fund $ 1,020,105 Total App roll riationL& Transfers: $ 51,318,483 INTRODUCED, READ, and ADOPTED this l2th day of December, 2018. riJ iJG/ I u /. ayor 1 • JA ud" " i ve Leah Vanarsdall, Town Clerk EA RESOLUTION NO. 18-46 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, 2019 AND ENDING ON THE LAST DAY OF DECEMBER, 2019. WHEREAS, the Board of Trustees of the Town of Firestone has directed the Town Manager to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Manager has submitted a final proposed budget to this governing body on December 12, 2018 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, an "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 debt service; 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 calendar year beginning on the first day of January 2019 and ending on the last day of December 2019. Section 2. The Board of Trustees hereby confirms that as part of said 2019 Budget, there is designated a portion of Water Fund net assets for future Northern Integrated Supply Project (NISP) participation costs, as set forth on the "Calculation for Unrestricted Board Designated Water Net Assets for NISP Project Costs" within such Budget. Section 3. 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 12' day of December, 2018. Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO • i r ? ��� • "� Mayor 01 E RESOLUTION NO: 18-45 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND AMONG THE CITY OF DACONO, TOWN OF FIRESTONE, TOWN OF FREDERICK, FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT, AND MOUNTAIN VIEW FIRE PROTECTION DISTRICT FOR ESTABLISHMENT OF AN EMERGENCY MANAGEMENT SERVICE AREA, AN EMERGENCY MANAGEMENT COORDINATOR, AND FOR SHARING ASSOCIATED COSTS WHEREAS, pursuant to C.R.S. § 24-33.5-707(1), each political subdivision of the state shall be within the jurisdiction of, and served by, a local or intedurisdictional agency responsible for disaster preparedness and coordination of response; and WHEREAS, the Board of Trustees of the Town of Firestone finds that it is in the Town's best interests, and will promote the public safety and welfare of the current and future residents and property owners within the Town, to enter into the attached Intergovernmental Agreement with the City of Dacono, Town of Frederick, Frederick -Firestone Fire Protection District, and Mountain View Fire Protection District (together with the Town of Firestone, the "Parties") to (1) establish the Carbon Valley Emergency Management Service Area ("Service Area"); (2) to provide for FFFPD to serve as the local agency responsible for disaster preparedness and coordination of response within the Service Area; (3) to establish and hire for the position of Emergency Management Coordinator to serve the Service Area; and (4) to set forth the Parties' agreement as to sharing of costs with regard to disaster preparedness and coordination of response within the Service Area; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves that certain Intergovernmental Agreement by and among the City of Dacono, Town of Firestone, Town of Frederick, Frederick - Firestone Fire Protection District, and Mountain View Fire Protection District for Establishment of an Emergency Management Service Area, an Emergency Management Coordinator, and for Sharing Associated Costs, a copy of which is attached hereto as Exhibit A (the "IGA"). Section 2. The Mayor and Town Clerk are authorized and directed to execute such IGA on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said IGA as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the IGA are not altered. Section 3. A true copy of the fully -executed IGA shall be deposited with the Clerk of the Town and available for public inspection as the Clerk's office. INTRODUCED, READ, and ADOPTED this 14t' day of November, 2018. STp�yF � TOWN 10 f Attest: m� SEA' 4 t fp cpUNTY, G �. Leah Vanarsdall Town Clerk TOWN OF FIRESTONE, COLORADO uSindel Mayor RESOLUTION NO.18-44 A RESOLUTION ACKNOWLEDGING AMENDMENTS TO THE EMPLOYEE HANDBOOK CONCERNING EMPLOYMENT AGREEMENTS WHEREAS, the Board of Trustees previously adopted the Town of Firestone Employee Handbook dated September 1, 2413; and WHEREAS, the Employee Handbook provides the following with respect to amending the Employee Handbook: "The Town Manager may make changes to policies contained in the Employee Handbook which changes shall be in writing and take effect upon the date specified therein. The Board of Trustees shall be notified of such changes no later than fifteen (15) days prior to the change taking effect;" and WHEREAS, the Interim Town Manager has proposed certain amendments to the Employee Handbook that would authorize the Town Manager to enter into employment agreements with his or her direct reports, as described herein; and WHEREAS, the Board of Trustees by this Resolution acknowledges it was notified of the proposed amendments to the Employee Handbook at least 15 days prior to them taking effect. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby acknowledges that the Employee Handbook shall be amended as follows: (a) The following statements in Legal Statement and Disclaimer and Acknowledgment sections of the Firestone Employee Handbook are amended to read as follows (words to be deleted are str-i ken thr-),....r,). THERE IS NO GUARANTEE OF EMPLOYMENT FOR ANY SPECIFIC DURATION. NO REPRESENTATIVE OF THE TOWN OF FIRESTONE, OTHER THAN THE TOWN MANAGER, HAS AUTHORITY TO ENTER INTO AN AGREEMENT OF EMPLOYMENT FOR ANY SPECIFIED PERIOD AND SUCH AGREEMENT MUST BE IN WRITING, APPROVED BY THE BOARD, RD, AND SIGNED BY THE TOWN MANAGER AND THE EMPLOYEE. (b) The Recruitment and Selection of Employees section of the Firestone Employee Handbook is amended to add a new section to read as follows: Employment Agreements In connection with the recruitment and selection of employees, the Town Manager is authorized to enter into employment agreements with his or her direct reports. Such agreements shall be in writing and be signed by the Town Manager and employee and may include provisions concerning duration of employment, severance upon termination of employment, paid time off and employment benefits. Except as expressly altered by an employment agreement, all provisions of the Employee Handbook shall apply to the employees described in this section. Section 2. This Resolution and the amendments to the Employee Handbook described herein shall go into effect November 8, 2018. Section 3. This Resolution shall cease to have effect after December 31, 2018 and shall be automatically repealed at such time unless sooner repealed or further legislative action is taken to extend the effective date of this Resolution. INTRODUCED, READ, and ADOPTED this 24th day of October, 2018. f f TOWN L EAiQ Attest: / 'Y G0� Leah Vanarsdall Town Clerk TOWN OF FIRESTONE, COLORADO 396bi Sindwar Mayor 2 RESOLUTION NO. 18-43 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION PREPARED BY THE TOWN OF FIRESTONE, COLORADO, AS OWNER OF THE PROPERTY, FOR THE ANNEXATION OF PROPERTY KNOWN AS THE GOULD 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 Gould Annexation has been prepared by Town staff on behalf of the Town of Firestone, Colorado, as owner of said property, and has been 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; 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. No election is required under § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(1)(g),-110(2) or -112, C.R.S., except any provided for in the petition. 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 Wednesday, December 12, 2018, at 7:00 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning. �� 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. 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. INTRODUCED, READ, and ADOPTED this 241h day of October, 2018. sT01V �f• TOWN �ti obbi Sinde \ O ayor ATTEST: ,�i�''0 ti rah J a .. • �., ovnRY Leah Vanarsdall Town Clerk 2 EXHIBIT A LEGAL DESCRIPTION A part of Lot B of Recorded Exemption 1209-31-3-RE 2340, an recorded exemption recorded December 21, 1998, as Reception No. 2661939 of the records of Weld County, Colorado, and Subdivision Exemption SE-734, a subdivision exemption recorded December 21, 1998, as Reception No. 2661938 of the records of Weld County, Colorado, all located in the SW1/4 of Section 31, T3N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 31, from which the E1/4 Corner of said Section 31 bears N00'07'56"E, 2651.27 feet (Basis of Bearing), thence N00°07'56"E, 30.00 feet along the West Line of the SW1/4 of said Section 31 to the Northerly Right-of-way Line extended Westerly of Zinnia Avenue (Weld County Road 26), according to BROOKS FARM FIRST & SECOND ADDITIONS, an annexation to the Town of Firestone recorded June 15, 2001, as Reception No. 2857771 of the records of Weld County, Colorado; Thence SB9°30'04"E, 30.00 feet along the Northerly Right-of-way Line extended Westerly of said Zinnia Avenue (Weld County Road 26) to the Easterly Right-of-way Line of Colorado Blvd. (Weld County Road 13), also being the Easterly Line of FIRESTONE NORTH ANNEXATION, an annexation to the Town of Firestone recorded January 16, 2015, as Reception No. 4076118 of the records of Weld County, Colorado, and the POINT OF BEGINNING; Thence N00°07'56"E, 1439.33 feet along the Easterly Right -of way Line of said Colorado Blvd. (Weld County Road 13) and along the Easterly Line of said FIRESTONE NORTH ANNEXATION to the Northerly Line of said Lot B; Thence S88°57'49"E, 1063.26 feet along the Northerly Line of said Lot B to the Northeasterly Corner thereof; Thence S00°15'26"W, 107.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence N88°57'49"W, 36.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence S00°15'26"W, 744.44 feet along the Easterly Line of said Lot B to an angle point thereof; Thence S88°57'49"E, 261.00 feet along the Easterly Line of said Lot B to an angle point thereof; Thence S00°15'26"W, 575.79 feet along the Easterly Line of said Lot B to the Northerly Right-of-way Line of said Zinnia Avenue (Weld County Road 26); Thence N89°30'04"W, 1285.01 feet along the Northerly Right-of-way Line of said Zinnia Avenue (Weld County Road 26) and along the Northerly Line of said BROOKS FARM FIRST & SECOND ADDITIONS to the Easterly Right-of-way Line of said Colorado Blvd. (Weld County Road 13) and the POINT OF BEGINNING. 3 Area = 37.320 acres, more or less. RESOLUTION NO 18-42 A RESOLUTION OPPOSING "AMENDMENT 74", AN ATTEMPT TO AMEND THE COLORADO CONSTITUTION TO DRASTICALLY LIMIT STATE AND LOCAL GOVERNMENT SERVICES AT A HIGH COST TO TAXPAYERS WHEREAS, local government services are essential to the citizens of the Town of Firestone; and WHEREAS, Amendment 74 has been written by certain out-of-state corporate interests to change the text of the Colorado Constitution, Article 11, Section 15, which dates back to 1876 and threatens basic governmental services; and WHEREAS, Amendment 74 declares that any state or local government law or regulation that "reduces" the "fair market value" of a private parcel is subject to "just compensation;" and WHEREAS, while Amendment 74 is shrouded in simple language, it has far reaching and unintended impacts; and WHEREAS, under the current Colorado Constitution, a property owner already has the right to seek compensation from state or local governments; and WHEREAS, Amendment 74 would expand this well -established concept by requiring the government — i.e., the taxpayers -- to compensate private property owners for virtually any decrease whatsoever in the fair market value of their property traceable to any government law or regulation; and WHEREAS, Amendment 74 would create uncertainty because it is not clear what the language actually means or how it can be applied; and WHEREAS, Amendment 74 would severely limit the ability of Colorado's state and local governments to do anything that might indirectly, unintentionally, or minimally affect the fair market value of any private property; and WHEREAS, Amendment 74 would drastically diminish the ability of our state and local governments to adopt — let alone attempt to enforce — reasonable regulations, limitations, and restrictions upon private property; and WHEREAS, Amendment 74 would place laws, ordinances, and regulations designed to protect public health and safety, the environment, our natural resources, public infrastructure, and other public resources in jeopardy; and WHEREAS, Amendment 74 would directly impact zoning, density limitations, and planned development; and WHEREAS, Amendment 74 would make inherently dangerous or environmentally damaging activities prohibitively costly to attempt to limit or regulate, even in the interest of public health, safety, and welfare; and WHEREAS, any arguable impact upon fair market value — however reasonable or justified or minimal or incidental or temporary — resulting from state or local government action could trigger a claim for the taxpayers to pay; and WHEREAS, governments would be vulnerable to lawsuits for almost every decision to regulate or not to regulate, making regular government function prohibitively expensive for the taxpayer; and WHEREAS, similar efforts have been attempted and defeated in other states, such as the states of Washington and Oregon; and WHEREAS, the fiscal impact for similar language in Washington was estimated at $2 billion dollars for state agencies and $1.5 billion for local governments over the first six years; and WHEREAS, individuals filed several thousand claims against state and local governments with an estimated value in excess of several billions of dollars in claims in Oregon before the residents repealed the takings initiative three years after its passage. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO THAT: the Town of Firestone, opposes Amendment 74 and strongly urges a vote of NO this November. ADOPTED THIS 24T" DAY OF OCTOBER 2018 By: Bobbi Sin elar, Mayor /f'0"'7-0ver'`•% F C L j jci isi t o ATTEST: r, � v / a�lti ,. By:a(�(7y, Co Leah Vanarsdall, Town Clerk RESOLUTION NO. 18-41 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR AMERICAN FURNITURE WAREHOUSE 81 TRUCK SHOP WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan for American Furniture Warehouse 81 Truck Shop; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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 1. The Final Development Plan for American Furniture Warehouse 81 Truck Shop is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 10`h day of October, 2018. ATTEST: ��ST01y LO r( f/ LINTY, Gw Leah Vanarsdall, Town Clerk �r 00 r z EXHIBIT A American Furniture Warehouse 81 Truck Shop Final Development Plan Conditions of Approval Provide an updated title commitment when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 2. Provide a current tax certificate. 3. Execute a subdivision agreement, in a form to be approved by the Town Attorney. 4, Revise Civil Construction Plans and Drainage Report to adequately evaluate current building footprint. 5. Add the Utility Plan to the FDP map set and adjust the number of sheets in the title block. 6. Additional water dedication is required for the building and irrigated landscaping shown in the FDP. Provide for the Town Engineer's review and determination of water dedication requirement the following: square feet of office space; anticipated number of truck washes per year; gallons per truck wash; and irrigated area square footage. Revise the FDP to add information as directed by the Town Engineer. 7. Provide water service sizing calculations for the new building only based on AWWA M22. 8. Revise the Drainage Report to reflect the latest building footprint and impervious areas. 9. Revise Drainage Report to reconcile stages indicated on the Detention Basin Outlet Structure Design spreadsheet provided in Appendix C and the Details — Pond plan elevations. 10. Update all references on the FDP to the street address to read 10695 Jake Jabs Boulevard. 11. Revise the FDP to provide lot owner's contact name and email address. 12. Revise the FDP to provide contact names and email addresses for all consultants. 13. Revise the FDP to include the legal description. 14. Revise the FDP to add a land use table that indicates impervious and pervious square foot areas; pervious areas to be shown as irrigated and non -irrigated areas. 15. Revise the FDP to add a water dedication paragraph as directed by the Town Engineer. F1 16. Revise the FDP to add a parking statement, as required by the Firestone Development Regulations. 17. Revise the FDP to add the architecture statement required by the Firestone Development Regulations. 18. Revise the FDP to update the development schedule and add an expiration statement as required by the Firestone Development Regulations. 19. Revise the FDP to include the Owner's name next to "Owner" in the acceptance block. 20. Provide additional dimensions to evaluate curb radii and layout information, as requested by the Town Engineer. 21. Revise the FDP as necessary to reconcile the building footprint on the site plan with the architectural drawings. 22. Provide documentation that the "no build zone" restriction for the oil and gas well is no longer needed. 23. Provide the Town a 20' wide easement for the water service line to the meter pit. 24. Revise the FDP to show the 100 year water surface elevation notes. 25. Provide confirmation from the St. Vrain Sanitation District that the rim elevation is acceptable as shown. 26. Revise the last sentence in the Parking section to read "Parking is only allowed in the designated parking lot and is not permitted within the concrete drive." 27. Update the sheet names within the Firestone Information Block, title block, and consultant title block as necessary so that all names are consistent in every location. 28. Revise all references to "minor modification of the FDP" and "a modification to Final Development Plan" to reflect this is a Final Development Plan Amendment. 29. Delineate the boundary of the project site on the vicinity map as noted in the legal description. 30. Within the Parking section, provide the total square footage of internal landscaping within the parking area. 31. Revise the FDP to reflect the correct land use for Lot 1. 3 32. Remove all "Contractor" references within the FDP; replace with "Owner" or "Owner's representative." RESOLUTION NO.18-40 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE- IJ CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES WHEREAS, the Town of Firestone ("Town") and the St. Vrain Valley School District RE - I J ("District") have negotiated a proposed Intergovernmental Agreement Concerning Fair Contributions for Public School Sites; and WHEREAS, pursuant to Section 22-54-102(3)(a), C.R.S., the Town and District may enter into intergovernmental agreements to cooperate with each other to assist in the funding of the District's capital construction projects, provided such funding is from a source of revenue that is otherwise authorized by law and is not from impact fees; and WHEREAS, such statute further provides that the prohibition on the utilization of impact fees in such agreements "shall not be construed to restrict the authority of any local government to require the reservation or dedication of sites and land areas for schools or the payment of moneys in lieu thereof' if such local government possesses the legal authority to require such reservations, dedications, or payments in lieu thereof; and WHEREAS, the Town is authorized by state law, including without limitation Sections 31-12-108.5, 31-12-110(2), 29-20-104 and 31-23-214, C.R.S., to impose terms and conditions upon annexations relating to the effect of the proposed annexation upon local schools, and to adopt regulations governing the subdivision of lands on the basis of the impact thereof to the community, which regulations may establish differing requirements applicable to subdivisions of varying sizes, densities or types of dwelling units; and WHEREAS, growth in residential land development and the construction of new residential dwellings in the Town necessitates that the Town adopt a method to ensure Fair Contributions for Public School Sites; and WHEREAS, the Board of Trustees desires to enter into the proposed Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, and finds that such agreement is in the best interest of the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves that certain Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, by and between the Town of Firestone and the St. Vrain Valley School District RE-1J, a copy of which is attached hereto as Exhibit A (the "IGA"). Section 2. The Mayor and Town Clerk are authorized and directed to execute such IGA on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said IGA as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the IGA are not altered. Section 3. A true copy of the fully -executed IGA shall be deposited with the Clerk of the Town and available for public inspection as the Clerk's office. INTRODUCED, READ, and ADOPTED this 10`" day of October, 2018. STO �c ON N f0 t / O COUNTY ..G� Attest: ,�j Leah Vanarsdall Town Clerk TOWN OF FIRESTONE, COLORADO 9MINFER l i & Mayor 2 RESOLUTION NO. 18-39 A RESOLUTION ADVOCATING VOTER APPROVAL OF THE FIRE DISTRICT'S REQUEST FOR A PROPERTY TAX INCREASE AND FOR AUTHORITY TO STABILIZE ITS TAX REVENUE DURING THE NOVEMBER 6, 2018 ELECTION WHEREAS, since it was organized in 1976, the sole purpose of Frederick -Firestone Fire Protection District ("Fire District') has been to protect the communities it serves by providing essential, live -saving fire suppression, rescue, extrication, hazardous materials, ambulance, emergency medical services, public education, and community risk reduction (collectively, "Emergency Services"); WHEREAS, on August 20, 2018, the Fire District's Board of Directors adopted a Resolution directing the attached Tax Increase Ballot Issue and the attached Gallagher Revenue Stabilization Ballot Issue be submitted to the Fire District's voters during the coordinated election Weld County will conduct on November 6, 2018 ("Election"); WHEREAS, the Colorado Fair Campaign Practices Act, C.R.S. § 1-45-117(1)(b), expressly authorizes the Fires District's Board of Directors to adopt a Resolution advocating voter approval of the Fire District's request for a tax increase and for authority to stabilize its tax revenue during the Election; and, WHEREAS, the Board of Trustees of the Town of Firestone, has determined it is important to the health, safety, and welfare of its citizens that the Board adopt this Resolution urging all eligible voters to approve the Fire District's Tax Increase Ballot Issue and Gallagher Revenue Stabilization Ballot Issue at the Election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO: 1. THE FIRE DISTRICT HAS NOT ASKED ITS CITIZENS FOR A GENERAL OPERATING TAX INCREASE IN 92 YEARS. The Fire District provides 24-hour Emergency Services coverage to approximately 36 square miles that include the Towns of Frederick and Firestone, and a portion of unincorporated Weld County. In 2000, the Fire District had 4,500 residents. Today, the Fire District serves over 30,000 residents. Growth within the Fire District is projected to continue at the rapid rate of 5-7% per year for both Towns. The Fire District's Emergency Services responsibilities grow as the Towns grow. 2. IN THE PAST FIVE YEARS, THE FIRE DISTRICT'S EMERGENCY CALL VOLUME HAS INCREASED BY 50%. In 2017, the Fire District responded to approximately 2,500 emergency calls. Nearly 73% of its requests for service last year were related to emergency medical situations and 10% involved motor vehicle accidents. The Fire District also responds to residential, commercial, wildland and vehicle fires, hazardous materials emergencies, specialized rescues and emergency management for large scale incidents, such as the 2013 Flood. 3. In addition to the tremendous increase in service demands, a Colorado Constitutional provision called the Gallagher Amendment is severely impacting the property tax the voters authorized the Fire District to assess. The Gallagher Amendment requires the percentage of property taxes paid by residential property owners in the State to be 45% of the total taxes paid. In every odd year, the Colorado Legislature is required to set the residential assessment rate ("RAR") at a level that will maintain the 45% tax share required by the Colorado Constitution. Due to the steady increase in residential property values across the State, since 1982 the RAR has been reduced from 21 % to 7.96%. Then, in 2017, the Colorado Legislature further reduced the RAR to 7.2%. This more than 9% decrease in the RAR resulted in the Fire District losing $160,000 in revenue in 2018. Preliminary projections indicate the Colorado Legislature will further reduce the RAR to 6.11% in 2019, which will result in another 15% decrease and another approximately $380,000 loss in property tax revenue. WITHOUT PROPERTY TAX REVENUE STABILIZATION, THE FIRE DISTRICT WILL SEE A SIGNIFICANT REDUCTION IN REVENUE THAT ITS VOTERS NEVER INTENDED, 4. The double -impact of upward spiraling costs and emergency service demands combined with the adverse impact of the Gallagher Amendment, has put the Fire District in a position In which CONTINUING WITHOUT A TAX INCREASE COULD SIGNIFICANTLY COMPROMISE THE LEVEL OF LIFE-SAVING EMERGENCY SERVICES THE FIRE DISTRICT IS ABLE TO PROVIDE TO THE COMMUNITY. 5. Stabilizing the Fire District's tax revenues, and increasing its general operating tax by 5.23 mills, will provide stable and predictable revenue for the Fire District to meet the community's increasing demands for Emergency Services. It will enable the Fire District to: • Hire nine firefighters/paramedics. • Begin replacing its aging apparatus fleet, including a 1988 Water Tender and a 1992 Fire Truck. • Build an additional three fire stations in the next 10 to 15 years and hire the emergency service personnel and purchase the fire trucks and ambulances for each new station. 6. For the last 42 years the Fire District's sole focus has been the health, safety, and welfare of its citizens and its firefighters, and these ballot initiatives are critical to the Fire District's continued ability to provide high quality, cost-effective Emergency Services to our communities and to ensure the safety of our firefighters. FOR ALL OF THE FOREGOING REASONS, THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, URGES VOTERS TO APPROVE THE FIRE DISTRICTS TAX INCREASE FOR EMERGENCY SERVICES BALLOT ISSUE AND GALLAGHER REVENUE STABILIZATION BALLOT ISSUE DURING THE NOVEMBER 6, 2018 ELECTION. PASSED AND ADOPTED this I O'h day of October, 2018. TOWN ko�& M bi SindehW, Mayor SEAL j o r� tt NTY, A ST• � d� Leah Vanars all, Town Clerk o O TNN SE m 4 J o RESOLUTION NO. 18-38 A RESOLUTION APPROVING A FINAL PLAT FOR ADVANCED FORMING TECHNOLOGY FILING NO. 2 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat for Advanced Forming Technology Filing No. 2; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 proposed final 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 1. The Final Plat for Advanced Forming Technology Filing No. 2 hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 26'h day of September, 2018. \��gTONF � TOWS NO 10 ATTEST: Leah Vanarsdall, Town Clerk '' �__ �_/ Vbi Sinde(W,Mayor EXHIBIT A Advanced Forming Technology Filing No. 2 Final Plat Conditions of Approval Provide an updated title commitment when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 2. Execute a subdivision agreement, in a form to be approved by the Town Attorney. Execute a deed conveying Tract 1 to the Town of Firestone, free of liens and encumbrances. 4. Revise plat to show all easements listed in the title commitment. Revise legal description to conform with the recorded Filing No. 1. Identify if the property pins around Lot 2 were found or set. 6. Update the platy to reflect the current status of the two wells shown on Sheet 3. Show a 25' setback from plugged and abandoned wells and add the following note to the plat: "No structures, temporary or permanent, shall be constructed within the setback for the plugged and abandoned well located on Lot L" 7. On Sheet 3, in the third line of the title block, add "a portion of"between between "of" and "Lot l," to match Sheets 1 and 2. E RESOLUTION NO. 18-37 A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR OAK MEADOWS TOWNHOMES WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat and final development plan for Oak Meadows Townhomes; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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- Section 1. The Final Plat and Final Development Plan for Oak Meadows Townhomes are hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 26' day of September, 2018. r'• TOWN 10 ; i Sinde ATTEST: o% Leah Vanarsdall, Town Clerk EXHIBIT A Oak Meadows Townhomes Final Plat and Final Development Plan Conditions of Approval General 1. Provide an updated title commitment when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 2. Execute a subdivision agreement, in a form to be approved by the Town Attorney. 3. Provide evidence of formation of homeowners' association. 4. Execute a deed conveying Tract A to the homeowners' association 5. Consolidate the drainage compliance letter, supplemental drainage analysis, and any other drainage reports or updates into the Final Drainage Report for Oak Meadows Townhomes. Include a drainage map and address any questions or concerns of the Town Engineer. 6. Execute off -site drainage easement across the Town -owned Tract T, Oak Meadows PUD Filing No. 1. Final Plat 7. On Sheet 1, revise the ownership of Tract B in the Tract Use Summary Table to read "Owner." 8. In the Notes, regarding dedication of easements over Tract A and Tract B, revise each note to read "is hereby dedicated" (not "shall be dedicated"). Final Development plan — Sheet 1 (Cover Sheet) 9. Provide the name of the technical consultants who prepared the FDP. Final Development Plan — Sheet 2 (General Notes) 10. Confirm whether the townhome units will have basements. 11. Add the following statement to the Parks, Trails and Open Space section: "The regional trail will be constructed at the time that Tract B re -develops." 12. Within the Parks, Trails and Open Space section, provide a cross-reference to any previously recorded dedication that shows the public land dedication has been previously satisfied. 13. In the Controls section, revise the ownership of Tract B in the land use table to read "Owner." 2 14. In the second to last paragraph of the Water Dedication section, revise "A total of 7 acre- feet" to read "A total of 6.3 acre-feet." 15. Modify Tract B as reflected in Town Engineer's redlines. 16. In the Private Maintenance and Enforcement section, revise "Property Owner's Association" to read "Homeowners' Association." 17. Within the Site Design and Architecture section, Note #7, revise to read "The provided enhanced elevations table identifies the architectural treatments required for the noted lots in the FDP." 18. Within the Elevations and Options Number table, provide an enhance elevation option for the rear elevation of Lot 8. 19. At the end of the third sentence in the last paragraph of the Landscaping section, include an exact date (month and year) for when the temporary irrigation system will be physically disconnected. 20. In the Development Schedule section, provide a sentence that states the following: "This Final Development Plan will expire _ years from the date of approval." 21. Within the Development Schedule section, provide information on the specific development schedule for all fencing to be constructed by the developer. Final Development Plan — Sheet 8 (Landscape Plan West) 22. Add a reference to Note #2. Final Development Plan — Sheet_14 (Fencing Plan) 23. Under the Vinyl Privacy Fence — 6' Height Detail, revise "Property Owner's Association" to read "Homeowners' Association." 24. Provide information regarding the development and construction responsibility for all fencing shown. Final Development Plan — Sheet 17 (Site Details) 25. Specify the color of the mailbox kiosk. Final Development Plan — Sheet 18 (Overall Utility Plan) 26. Change the inlet numbers to match the Drainage Report. Revise Utility Plans to address Town Engineer redlines. Final Utility Plans 3 27. On Sheets 3 and 4 (Site, Easement), label the 20' existing oil/gas pipeline easement. Remove label that this is a 20' utility and access easement, as the plat dedicates a blanket utility, pedestrian and access easement over all of Tract B. 28. On Sheets 3 and 7 (Site and Utility Plan, Tract B note), modify the Tract B note as directed in Town Engineer redlines. 29. On Sheet 7 (Utility Plan), add lot number to the plan. Install a temporary blow -off valve instead of a temporary fire hydrant between Lots 6 and 7 (note has been updated, but the fire hydrant symbol needs to be removed). 30. On Sheet 8 (Sanitary Sewer Plan and Profile), check the water crossing near Station 4+50, as noted in Town Engineer redlines. 31. On Sheet 9 (Water Plan and Profile), check the sanitary sewer crossing at Station 2+08.82, as noted in Town Engineer redlines. Remove the fire hydrant symbol for the 2" temporary blow -off valve assembly. Replace the blow -off detail with the Town's updated detail W- 4. 32. On Sheet 10 (Storm Plan and Profile), change the inlet numbers to match the Drainage Report. Call out wrap of storm sewer joints over water main as noted in Town Engineer redlines. Increase size of profile text. Add a headwall at the end of the storm sewer. Confirm 27-inch RCP is a readily available size. 4 RESOLUTION NO. 18-36 A RESOLUTION APPROVING APPLICATIONS FOR TEMPORARY USE PERMITS FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the Town of Firestone is pursuing a program of acquiring water allotments in the Northern Colorado Water Conservancy District (`NCWCD"); and WHEREAS, according to the rules and procedures of said District, it is necessary that the Town apply for temporary use permits for said water pending final transfer of title and ownership in the name of the Town of Firestone; and WHEREAS, the Board of Trustees of the Town of Firestone desires to delegate to the Mayor, Town Clerk, the Town Manager and the Town Manager's designee the authority to do any and all things reasonably necessary and related to the transfer and issuance of temporary use permits as required by the rules of the NCWCD; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Mayor, Mayor Pro-tem, Town Clerk, the Town Manager and the Town Manager's designee are hereby authorized to make applications to the Northern Colorado Water Conservancy District ("NCWCD") for issuance of temporary use permits in the name of the Town of Firestone for water allotments acquired by the Town, upon payment of all transfer and annual rate charges, and further, to make application for reissuance of temporary use permits upon the expiration thereof in order to have continual reissuance upon an annual basis until such time as it appears reasonable to the best interests of the Town to have title and ownership of said water allotments permanently transferred in the name of the Town upon the books and records of the said NCWCD. 2. This Resolution shall remain in effect until repealed by resolution of the Board of Trustees of the Town of Firestone. 3. Resolution No. 00-30 is hereby repealed, and 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. INTRODUCED, READ AND ADOPTED this X day of , 2018. TOWN OF FIRESTONE, COLORADO EST TOWN 41" vtn _ SEAL j O O B bi Sindel Mayor ATTEST: 0% ,,. O Lam;' G4 ju Leah Vanarsdall Town Clerk RESOLUTION NO. 18-35 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTAIN DOCUMENTS REGARDING OIL AND GAS WELL LOCATIONS WITHIN CENTRAL PARK FOR CRESTONE PEAK RESOURCES WHEREAS, the Town Board of Trustees approved a Compatible Development and Surface Use Agreement (the "SUA") dated September 25, 2006 between the Town, the Firestone Finance Authority ("FFA"), Foundation Energy Management, LLC, and EnCana Oil and Gas (USA) Inc. for oil and gas development on property owned by the Town and the FFA known as Central Park; and WHEREAS, Crestone Peak Resources, as successor to EnCana, has requested certain revisions to the SUA regarding well locations, which request is under review by Town staff; and WHEREAS, in order to facilitate its application for permits from the Colorado Oil and Gas Conservation Commission (the "COGCC"), Creston has requested the Town notify the COGCC that it is in the process of considering amendments to the SUA as are reflected in Crestone's permit applications; and WHEREAS, by this resolution, the Board desires to authorize the Town Manager to execute such documents to be provided to the COGCC that reflect the well locations set forth in the SUA are being renegotiated and to execute any waivers the Town Manager finds reasonable and necessary, with the understanding that any changes to well locations as are set forth in the SUA, or any other material provision of the SUA, may only be amended by a written agreement approved by the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Manager is hereby authorized to execute such documents addressed to the Colorado Oil and Gas Conservation Commission as reflect the status of negotiations to changes to well locations set forth in that Compatible Development and Surface Use Agreement dated September 25, 2006. Section 2. The Town Manager is further authorized to execute waivers the Town Manager finds reasonable and necessary to Crestone's application process with the COGCC; provided, however, that final determination of new well locations on property owned by the Town or amendment any other provision of the SUA may only be finalized by a written amendment to the SUA approved by the Board of Trustees and executed by the Mayor. INTRODUCED, READ AND ADOPTED this 12t` day of September, 2018. TOWN OF FIRESTONE, COLORADO cR''' ovJN ~� r' � o F o t 5�� � o :�,�� w. r�,; O� B i Sindelar G Mayor 66 io FIRFs 0 w� ATTEST: 0G: QO o Leah Vanarsdall Town Clerk Pre -Contract Certification in Compliance with C.R.S. Section 11-17.5-102(1) The undersigned hereby certifies as follows: That at the time of providing this certification, the undersigned does not knowingly employ or contract with an illegal alien; and that the undersigned will participate in the E-Verify program or the Department program, as defined in C_RS. § § 8-17,5-LO1(3.3) and 8-17.5-101(3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perfarm under the public contract for services. Proposer. By: Chad E. Taylor Title: Owner f `1— 7- Date 10 RESOLUTION NO. 18-34 A RESOLUTION APPROVING FINAL PLATS AND FINAL DEVELOPMENT PLANS FOR ST. VRAIN RANCH FILINGS 3A AND 5A WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of final plats and final development plans for St. Vrain Ranch Filings 3A and 5A; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 proposed final plats and final development plans 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 Final Plats and Final Development Plans for St. Vrain Ranch Filings 3A and 5A are hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 12t' day of September, 2018. ATTEST: vwd�mw Leah Vanarsdall, Town Clerk \� .s 0IV� � ''SOWN a 100 /o ocoU�,.Go„ EXHIBIT A St. Wain Ranch Filings 3A and 5A Final Plats and Final Development Plans Conditions of Approval General 1. Provide an updated title commitment when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. 2. If there will be a cut/patch in the public right-of-way, execute a subdivision agreement, in a form to be approved by the Town Attorney. Final Plat Filing 3A 3. On Sheet 2, correct the recorded reference to Filing III instead of Filing V. 4. On Sheet 2, add side lot easements for the Tract A drainage. 5. On Sheet 2, revise the Note to read "No building structures...." as shown on the Town Engineer's redlines. Label the cap elevation for the plugged and abandoned well. 6. Revise the plat to address Town Engineer redlines. Final Plat Filing 5A 7. On Sheet 2, add side lot drainage easements for each of the lots and Tract A. 8. On Sheet 2, revise the Note to read "No building structures...." as shown on the Town Engineer's redlines. Label the cap elevation for the plugged and abandoned well. 9. Revise the plat to address Town Engineer redlines. FDP Filing 3A Sheet I (Cover Sheet) 10. Confirm the total area of the lots in the Land Use Table. ll. Revise all references to Tract A to reflect it will be owned and maintained by Owner/Developer unless an agreement has been reached with the St. Wain Ranch Property Owners Association (the "POA") for the POA to own and maintain Tract A. FDP Filing 5A Sheet I (Cover Sheet) 12. Replace the last sentence of the water dedication statement with the following: "This dedication shall be satisfied by the dedication of 6.0 CBT shares." 13. Revise all references to Tract A to reflect it will be owned and maintained by Owner/Developer unless an agreement has been reached with the St. Wain Ranch Property Owners Association (the "POA") for the POA to own and maintain Tract A. F1 FDP Filings 3A and 5A Sheet 2 (Site Plan) 14. Show the side lot drainage easements on all sheets (Sheets 2-5). 15. Revise the oil and gas well note to read "No building structures...." as shown in Town Engineer redlines. 16. Label the 25' building setback on Sheets 2-4 as such, as shown in Town Engineer redlines. 17. For Lot 3, show a building envelope that does not include the 25' building setback and label the dimension from the lot line to the setback. 18. Clarify references to existing fencing, indicating whether such fencing will be relocated or removed, and any modifications to existing fence height and materials. FDP Filings 3A and 5A Sheet 3 (Utility Plan) 19. Locate the existing water meter/service near the north end of Lot l and show the proposed design or abandonment of the water services for Lots 2 and 1. if a fourth water service is found, remove and abandon this service at the main. Add call -outs and necessary details for the street cut and replacement of asphalt, curb, gutter and sidewalk. FDP Filing 3A Sheet 3(Utility Plan 24. Contact the gas company to confirm whether the gas lines located in the southern portion of Tract A are well flowlines or domestic distribution lines. _FDP Filings 3A and 5A Sheet 4 (Grading Plan) 21. Label the cap elevation for the plugged and abandoned well. FDP Filings 3A and 5A Sheet 6 (Address Plan) 22. Fade back all existing addresses or use smaller font for the existing addresses. 23. Revise the FDP to address Town Engineer redlines. RESOLUTION NO.18-33 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR GATEWAY NORTH — MULTI -FAMILY (PHASE 2) WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan for Gateway North — Multi -Family (Phase 2); and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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 1. The Final Development Plan for Gateway North — Multi -Family (Phase 2) is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED " ay of September, 2018. ONF ff No ?ate bi SindelkPayor ATTEST: •y......�•L, Leah Vanarsdall, Town Clerk EXHIBIT A Gateway North — Multi -Family (Phase 2) Final Development Plan Conditions of Approval General 1. Provide an updated title commitment when the mylars are provided for recording, dated within thirty (30) days prior to the date of mylar submission. 2. Provide a Traffic Compliance letter, confirming the improvements shown on the FDP are in compliance with the previously approved TIS titled "Firestone Multi -Family and Storage" prepared by Eugene G. Coppola dated September 7, 2016. 3. Provide a Drainage Compliance letter, confirming the improvements shown on the FDP are in compliance with the previously approved Final Drainage Report titled "Drainage Report Gateway North — Multi -Family" prepared by RidgeTop Engineering and Consulting dated August 2, 2017. 4. Revise the FDP to address Town Engineer redlines. 5. Revise the provided site area square footage and acreage as necessary to correct conflicts throughout. FDP Sheet_ 1 (Cover_S_heet 6. On all sheets (Sheets 1-20 in current submittal), revise title to read "Gateway North — Multi -Family (Phase 2)." Underneath the title, add "An Amendment to a portion of Gateway North — Multi -Family FDP." 7. On all sheets (Sheets 1-20 in current submittal), add the phase number "2" in the Firestone Information Block. 8. Delete the third sentence of the Project Concept section ("Phases 1 and 3 are shown for illustrative purposes only.") Revise the remaining text to reflect this is the FDP for Phase 2. 9. Reconcile conflicts between the Land Use Table, Site Data table, and Legal Description. 10. In the Parks, Trails, and Open Spaces section, correct the acreage to match the area in the legal description (5.817 acres) and update the cash -in -lieu amount ($11,634.00). 11. Revise the Drainage section to address Town Engineer redlines. 12. Revise the water dedication paragraph as directed by the Town Engineer, which will reflect a raw water dedication of 63 CBT shares. F4 13. In the Parking Data section, clarify the parking ratio (Town Engineer calculated 1.42). 14. In the Project Concept section, include the zoning and land use information. 15. In the Architecture section, revise the first sentence to read "Our design approach for Gateway North Multi -Family Phase II was to...." 16. Provide a plan expiration statement in the Development Schedule section. FDP Sheet 2 (Phasing Plan) 17. On all sheets showing phasing (Sheets 2-3, 5-7, 10, 13 and 14 in current submittal), add or fix the text labels "Existing Phase 3, Existing Phase 1 and Phase 2." 18. Revise as necessary to reflect the correct site data. FDP Sheet 3 (Overall Site Plan) 19. Clarify the fencing along the Rural Ditch. 20. Show and label setbacks. 21. Clarify the location of the proposed fence and existing fence. Provide information regarding who will construct the fence and when. 22. Remove the callouts next to the legend, for clarity. 23. Show location of mailboxes, as applicable. FDP Sheet 4 (Horizontal Control Plan) 24. On Sheets 4-7, revise Phase 2 dimensions, text, and utility symbols from faded back to bold or normal pen weight text. FDP Sheet 5 (Overall Grading Plan) 25. Provide the final ground elevations within 10' of the buildings. 26. On Sheets 5 and 6, several Phase 1 texts need to be faded back. FDP Sheet 6 (Overall Utility Plan) 27. Show and provide further information about the gas line that runs through the project and is shown on the First Amendment of the Del Camino Central Outline Development Plan. FDP Sheet 8 (Photometric Plan) 28. Update the quantities in the table for Phase 2 (quantities shown are for Phases 1 and 3) and remove the old Phase 2 note that appeared on the FDA for Phases 1 and 3. 3 Sheet 9 (Detail Sheet) 29. Provide details of mailboxes, as applicable. FDP Sheets 14 and 15 (Irrigation Design) 30. Remove the old Phase 2 note. RESOLUTION NO. 18-32 A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE LOT 5, HIGH PLAINS MARKETPLACE FINAL DEVELOPMENT PLAN WHEREAS, on April 11, 2018, the Board of Trustees for the Town of Firestone adopted Resolution No. 18-19 approving with conditions a Final Development Plan for Lot 5, High Plains Marketplace; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final development plan are required to be recorded by August 9, 2018; and WHEREAS, the applicant has submitted to the Senior Planner a request to extend the recording deadline in order to allow them to prepare and finalize the documents necessary for completion and recordation; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Lot 5, High Plains Marketplace application. 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 hereby extends until November 9, 2018 the recording deadline for the final documents for the Lot 5, High Plains Marketplace application. INTRODUCED, READ AND ADOPTED this 12'h day of September, 2018. TOWN OF FIRESTONE, COLORADO �SYONE I' p a bi Sind , Mayor A EST: �`,ti• . o� c�UN� Leah Vanarsdall, Town Clerk l 7 �Y�1111Y1�Ci)�/�C��E:�c A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR COTTONWOOD HOLLOW, FILING I WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat and final development plan for Cottonwood Hollow, Filing 1, the initial subdivision of property within the area comprising the Cottonwood Hallow Outline Development Plan (the "Cottonwood Hollow ODP"); and WHEREAS, by Resolution No. 13-22 adopted on May 22, 2013, the Board of Trustees adopted the Firestone Development Regulations; and WHEREAS, all materials related to this application have been reviewed by Town Staff and found with conditions and the exception noted herein 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 application, and has forwarded to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees on August 22, 2018 and September 12, 2018 held a duly - noticed public hearing, at which evidence and testimony were entered into the record; and WHEREAS, Section 8.4.16.4.H of the Firestone Development Regulations requires all homes within the Town to be constructed with basements where technically feasible as determined by the Town Engineer; and WHEREAS, the applicant has provided geotechnical data and a professional opinion that most of the Cottonwood Hollow ODP would not reasonably support basement construction due to the presence of groundwater; and WHEREAS, while this groundwater condition is not prevalent in the area comprising Cottonwood Hollow Filing 1, the Board of Trustees finds it furthers the Town's goal of orderly planning and implementation of the Town's growth and development policies to consider the geotechnical limitations of future filings within this cohesive development in the context of the Town's basement requirement for this Filing 1; WHEREAS, the Board of Trustees further finds the existing industrial development adjacent to Filing 1 on three sides, including (a) Crestone Peak, which currently operates a multi -well oil and gas production, processing, and storage facility to the north; (b) United Power, which owns a parcel of land abutting Filing 1 on the west, and which property is currently under development review by Weld County to allow outdoor storage of equipment and materials; and (c) Otterbox, which operates a manufacturing plant that abuts most of the southern limits of Filing 1, the price point necessary for single family residential homes with basements to be successfully marketed is not expected to be achievable; and WHEREAS, the Board of Trustees concludes sufficient evidence has been presented by the applicant demonstrating that requiring strict conformance with the Town's basement requirement in the context of this particular application would not further the Town's policies and goals and basements will therefore not be required within Filing 1; and WHEREAS, the Board of Trustees finds the proposed final plat and final development plan should be approved, subject to those conditions set forth herein NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Final Plat and Final Development Plan for Cottonwood Hollow, Filing 1 are hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 12'h day of September, 2018. ��STOIV ;�ioWN ' Q ATTEST: ��1o� ,i �%� • OGIVTY, Leah Vanarsdall, Town Clerk 2 EXHIBIT A Final Plat and Final Development Plan Cottonwood Hollow, Filing 1 Conditions of Approval General 1. Provide an updated title commitment when the mylars are provided for recording. 2. Execute a subdivision agreement, in a form to be approved by the Town Attorney. Revise the plat and FDP to show flowlines and label required setbacks for all oil and gas facilities, including pipelines. 4. Provide evidence satisfactory to the Town of the oil and gas company's consent for the proposed improvements within the 50' gas easement (irrigation pipe/easement, sanitary sewer and underdrain). 5. Provide evidence satisfactory to the Town of the Godding Irrigation Ditch Company's consent, such as by a Ditch Crossing Agreement, to the installation of the box culvert under Arbor Street. b. Provide evidence satisfactory to the Town of the Godding Irrigation Ditch Company's consent, such as by a Ditch Crossing Agreement, to the water line crossings. 7. Execute a special warranty deed conveying to the Town Tracts E, F, K and L free and clear of any liens or encumbrances, with title insurance using a land value of $25,000 per acre. Provide executed easements satisfactory to the Town for the following: a. 12" water line from Sable Avenue north to the south end of Jake Jabs Boulevard in the future Arbor Street alignment, granted to the Town (or a special warranty deed conveying fee ownership to the Town of the ultimate Arbor Street right-of-way); b. the water line that runs along the south and east of the property (outside the Filing 1 boundary) to the Sable Avenue right-of-way; and C. the 8" water line that runs north of the Sable Avenue right-of-way to the west end of Sandy Ridge Avenue. 9. At or prior to the time of conditional acceptance of the public improvements, those tracts shown on the final plat and FDP to be owned and maintained by the metropolitan district shall be conveyed to the metropolitan district. 10. Update the Hydraulic Analysis Report narrative based on redlines from the Town Engineer. 11. Revise the Final Drainage Report as noted in redlines provided by the Town Engineer. 3 12. Revise the narrative for Basin 200 in the Final Drainage Report to add a statement regarding the sizes of the pond outlet pipes. 13. Revise the Final Drainage Report to include Appendix A, Vicinity Map. 14. In Appendix B (Hydrologics) of the Final Drainage Report, correct discrepancies in the area shown for Basin EX-2 and the Drainage Map and update all calculations. Provide runoff calculations for Culverts 91-#4 for the 100-year storm event. 15. In Appendix C (Hydraulics) of the Final Drainage Report, clean up the order of calculations in appendix and remove any old data (i.e., detention pond calculations appear twice; box culvert calculations appear twice, once with the wrong box size). a. FAA Detention/Outlet Pipes: Remove the reference to Full Spectrum storage requirement for both ponds since this was not used. Update 100-year WSEL for Pond 1 orifice plate calculation. Clarify how outlet pipes were sized and what is the WSEL in Godding Hollow when ponds peak. Provide calculations for the outlet pipes. b. Inlets: Design Inlet 201 for the ultimate condition, taking the 100-year runoff from Basins 206 and 207. Confirm if the inlets are intended to function as sump or on - grade inlets and what the actual available ponding depth is at these inlets. Make further revisions as shown in the Final Utility Plan Street plan and profile comments from the Town Engineer. C. UDSewer: Label plan sketches with Storm Sewer name to match Final Utility Plans. For Storm Sewer 200, fix inconsistencies between calculations and Storm plan and profile. d. Culverts: Revise plans as necessary to provide culverts designed to convey the 100-year storm event and reflect a minimum culvert size of 18 inches in the public right-of-way. e. Swales: Label triangular channel analysis in Final Drainage Report. The normal flow analysis for Swale E in the Final Drainage Report is trapezoidal instead of triangular as shown on the plans. f. Box Culvert: Reconcile and update the two different calculations provided in the Final Drainage Report (open channel normal depth calculation and culvert calculation). Provide the Town Engineer with calculations from the ditch company. 16. Revise Drainage Maps as reflected in Town Engineer redlines. Final Plat 17. On Sheet 1, delete the Lender's Consent signature block. 18. Revise the plat to reflect the 60' wide Godding Irrigation easement being dedicated by this plat continuing through Tracts F and H. 19. On Sheet 6, the water easement needs to be called out as a "20' exclusive water line 4 easement to the Town of Firestone." 20. Revise plat to address Town Engineer redlines. FDP Sheet 1 (Cover Sheet) 21. Add water dedication paragraph as directed by the Town Engineer. 22. In the Water Meter Table, clarify whether another irrigation tap is needed for Tracts P, O, and a portion of M. FDP Sheet 2 (General Notes) 23. Update the Residential Density Filing 1 table to reflect the correct density of 3.78 DU/AC as shown in the provided exhibit for Filing 1. 24. Remove duplicate information between the Setbacks Table B and the notes provided underneath the table. Only provide information in notes that is in addition to the information provided in the table, or that needs clarification. Add pool setback information to the table. 25. In the Land Use Table, revise the use for Tracts E and F from "OS/Drainage" to "Detention Pond." 26. In the Park Development section, delete the sentence reading "Open space being dedicated to the Town of Firestone with Filing l includes Tracts `E' and `F'." 27. In the Landscaping section, update the irrigated/landscaped tracts to include Tracts B, C, D, T, O, P, and a portion of M. FDP Sheet 6 (Site Grading Plan 28. Provide the total square footage of Lot 1 in Block 3. 29. Show the mailboxes in Tract D, which must be located outside the sight distance easement. FDP Sheet 8 (Overall Utility Plan) 30. Revise to address Town Engineer comments regarding Final Utility Plan. FDP Sheets 10 and 11 (Landscape Plan 31. Label all tract areas that will be landscaped and irrigated as "permanently irrigated." FDP Sheet 12 (Landscape Plan) 32. Modify Note 1 I as redlined by the Town Engineer to include a portion of Tract M and Tracts O and P. FDP Sheets 14-15 and 17 (Irrigation Plate t1 33. Show the irrigation service to Tract B. Clarify how Tracts P, 0 and a portion of Tract M will be irrigated. If there will be an additional point of connection, irrigation service, and backflow preventer, show and label accordingly. FDP Sheet 20 (Address Map) 34. Add grid to address table to make it more easily read. Final Utility Plans (FUP) 35. Sheets 1-70 (Benchmark): Correct benchmark note to reference the correct benchmark for this project and give the conversion to Firestone's NGVD 1929 vertical datum. 36. Sheets 4.30-4.31 (Grading Plan): a. Show and label the existing 100-year base flood elevation along Godding Hollow. b. Label Pond 1 information and show existing easements on Sheet 4.30. C. Label Tracts M, N, 0 and P. d. Provide reasonable cross slope to pond access roads to accommodate maintenance vehicles. e. Fix steep grading near ponds. f. Confirm pond grading in Tract E does not extend into the Arbor Street right-of- way. g. Check over grading plans. On Sheet 4.31, it appears that contours are crossing over each other. The grading in Arbor Street south of the turnaround does not match the Arbor Street plan and profile. The final grading of Arbor Street south of the turnaround must be done with this Filing 1 to provide adequate cover over the proposed 12" water line. Provide more spot elevations at the street intersections. The section E-E swale E shown on the Grading Plan Sheet 4.31 does not match the section shown on Storm plan and profile Sheet 7.11. 37. Sheets 5.20, 5.21 (Sanitary Plan and Profile): Correct the existing gas crossing to a single 8" gas pipe. 38. Sheet 6.11 (Detailed Water Plan): Correct flag notes as shown in Town Engineer redlines. If there is a separate irrigation tap/service/meter for Tracts P, O, and M, it needs to be shown and labeled. 39. Sheets 6.14 and 6.15 (12" Water Plan and Profile, Arbor): Call out the steel casing, water line lowering, and reference the appropriate details. Fix joint restraint length from 39" to 39'. Label the vertical bends for the water lowering with stationing. Fix the profile elevations to align with the profile grid and align profile stationing with plan view stationing. Add joint restraint length note to Sheet 6.15. 40. Sheets 6.15 and 6.17 (12" Water Plan and Profile, Arbor): Revise to show future Arbor Street fill to provide a minimum 5' cover over the proposed 12" water line. On Sheet 6.17, revise plans to reflect the water line to be set 5' below the final grade of Arbor Street. 0 Clarify why the plans show fill from Station 5+00+7+00. Show proposed contours on the Grading Plan for this area and show the end of Arbor Street in the profile. 41. Sheet 6.16 (Overall Water Plan). Update sheet with new water line tie-in location. 42. Sheet 6.18 (12" and 8" Water Plan and Profile, offsite south): Add joint restraint note to Sheet 6.18 as reflected in Town Engineer redlines. 43. Sheet 6.19 (8" Water Plan, offsite east): Revise plans to show existing fence in the actual location and reflect the existing fence will be physically moved in the field to the property line (or move the water line 10' from the location of the existing fence). 44. Sheet 6.19 and 6.20: Revise plans to reflect the proposed 8" water line will be located outside of the existing asphalt in Sable Avenue; the water line needs to be located under a future lane line or under the center of a future lane line in the existing right-of-way (see Town Engineer Sable Street redlines). Project existing finished grade of paved road for future finished grade over water line, which water line depth must work for both existing condition and ultimate condition. Shift the road side ditch as necessary so the water line is not underneath it. 45. Sheet 6.20 (8" Water Plan, Sable Avenue): Call out open cut to cross Sable Avenue, reference tee cut detail, patch must be 10' wide minimum. Revise plans to reflect Sable Avenue pavement is a composite section (4" asphalt with 14" aggregate base course) and that steel casings will be provided for both water line lowerings under the Gadding Irrigation ditch. Call out joint restraint lengths. 46. Sheets 7.10-7.12 (Storm Sewer Plan and Profile): Label the stationing for all FES, Finished Grade, Existing Grade in profiles, 100-year HGL, 100-year floodplain. Revise to reflect culverts in road right-of-way will carry 100-year storm event (Culverts #144) and to specify a minimum culvert size of 18". Confirm the finished grades in storm profiles (Culvert #1, basin 100-1, basin 200); refer to Town Engineer redlines. Fix pipes in basin 100 profile. Remove the concrete encasing symbol from the storm plans and profiles. On Sheet 7.10, replace flag note 94 with general note #5 and revise flag note #1 as shown in Town Engineer redlines. On Sheet 7.11, replace flag note #7 with general note #6. 47. Sheet 7.11 (Storm Sewer Basin 200 Plan and Profile): Correct discrepancies on Storm Sewer Basin 200 between the profile and the Final Drainage Report. Correct manhole sizes. Provide detail for STRM MH-201. Clarify whether MH-201 will be a CDOT junction box with an eccentric cone top or flat top. Correct the proposed grade been inlets 201 and 200 to reflect a 2% cross slope and roadside ditches. 48. Sheet 7.11 (Storm Sewer Basin 200 Plan and Profile): Revise to correct the conflict with the drainage report in the design of the inlets in Rangeview Circle. Confirm whether the inlets are intended to function as sump or on -grade inlets and what is the actual ponding 7 depth at these inlets. See Town Engineer's Arbor Street and Rangeview Circle street plan and profile comments. 49. Sheet 7.20 (Godding irrigation Box Culvert): Label HGL for 60 cfs design flow. Confirm ultimate Arbor Street section tie-in slopes do not exceed 4:1. 50. Sheets 7.21-7.22 (Irrigation Culvert Diversion): Confirm there is enough cover over the buried pipe in the rear lots along the entire western boundary. On Sheet 7.22, add the profile missing from Sta 12+50 to l 5+00. Revise to show the water line and sanitary sewer crossings in the profile. Darken the profile text and proposed grade at the centerline of the channel. 51. Sheets 7.40-7.41 (Detention Ponds): Revise to show and label the existing (not interim) base flood elevations in Godding Hollow. Fix grading for access road(s). Clarify how outlet pipes were sized and what is the WSEL in Godding Hollow when ponds peals. Provide calculations in Final Drainage Report. 52. Sheet 7.40 (Detention Pond 1, Tract F): Revise to show the private underdrain system will not tie into the public detention pond outlet pipe. Remove the manhole on the outlet pipe. Show outlet pipe stationing. Update Pond 100-year WSEL to match drainage report. 53. Sheet 7.41 (Detention Pond 2, Tract E): Label dimension units on Orifice Plate detail. Correct contours in Arbor Street south of asphalt turnaround. 54. Sheets 7.90-7.93 (Storm Details): Update the riprap table for Culverts #144 with I00-year flows. Replace the flat top manhole detail with the Town's updated detail. Show the Town's handrail detail for the box culvert headwall, as provided by the Town Engineer. 55. Sheet 8.10 (Arbor Street Plans and Profile): Confirm whether the Town can fit driveway cut with crosspan and curb returns and Type R inlet near oil and gas access (approximately Station 95+62). 56. Sheet 8.11 (Arbor Street Plans and Profile): Revise to reflect Inlet 201 designed for the ultimate condition, taking the 100-year runoff from Basins 206 and 207. Revise to show crosspan will be installed at Rangeview Circle and Arbor Street. Consider building curb and gutter on west side of Arbor Street in ultimate location from Rangeview Circle to Rangeview Circle and eliminate Inlet 208 and pipe to Inlet 203. 57, Sheet 8.13 (Rangeview Street Plans and Profile): Regarding Inlets 202, 203, 204, and 205, either modify the spot elevations on the street plans and profile sheets so the inlets are at low points and use the actual available ponding depth in the inlet calculations or design the inlets as on -grade inlets, update calculations for inlets, and add crosspans to the intersections. Provide enough spot elevations so that the inlet ponding can be verified by the Town Engineer. 8 58. Sheets 8.22 and 8.25 (Arbor Street Cross Sections, Station 95+62): Update the section to reflect the low point in Arbor Street has been moved to Station 95+62. Remove note "inlet 104 with interim grate." Clarify this is a future Type R, not interim. Update storm pipe size. 59. Sheet 8.25 (Arbor Street Cross Sections, Station 110+88). Label Type R Inlets 201 and 200 with interim grates. Clarify how runoff will get to Inlet 201 grate; there is no roadside ditch shown in the cross section or the grading plan. 60. Sheets 8.30-8.32 (Striping): Revise plans to correct the left turn lane striping and taper on Arbor Street approaching Sable Avenue. Remove channelized striping at Station 103+00. Revise construction note #f8 to read "center turn lane". Turn on asphalt hatch. 61. Sheet 8.50 (Roadway Detail): Revise plans to replace old Detail E with the Town's new street tee cut detail. 9 RESOLUTION NO.18-30 A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR SADDLEBACK FILING NO. 3 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat and final development plan for Saddleback Filing No. 3; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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, Section 1. The Final Plat and Final Development Plan for Saddleback Filing No. 3 are hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 22"d day of August, 2018. ,10NE PU4 �\Q.��o�yN�� bi Sind , Mayor ATTEST: � �DQ �Soo � 0 Leah Vanarsdall, Town Clerk CoutiX EXHIBIT A Final Plat and Final Development Plan Saddleback Filing No. 3 Conditions of Approval General 1. Provide an updated title commitment when the mylars are provided for recording, to confirming all owners have signed the final plat and FDP. 2. Execute a subdivision agreement, in a form to be approved by the Town Attorney. 3. The existing temporary access from Saddleback Filing No. 1 and Filing No. 2 that connects to Pine Cone Avenue shall be physically removed within 30 days of issuance of conditional acceptance of the public improvements pursuant to the Subdivision Agreement, following which Town staff shall prepare for consideration by the Town Board an ordinance vacating the right-of-way. 4. The vacation of the existing irrigation easement must be recorded prior to recording the final plat and FDP. Note the recording information for this vacation on the plat as directed by the Town Engineer. 5. Provide recording information on the final plat and FDP for any new casements dedicated by separate instrument for the irrigation pipeline relocation. 6. Label a 25' building setback from the plugged and abandoned well (API #05-123-08514) located in Tract C and add the following note. "No structures, temporary or permanent, shall be constructed within the setback for the plugged and abandoned well located on Tract C." 7. Execute a special warranty deed conveying to the Town Tracts D and H. Final Plat 8. Add side lot drainage easements in Block 1, Lots 31/30, 30/29, 29/28, and 28/17. 9. Revise the Land Use Table to reflect Tracts C, D and F will be owned by the Town and maintained by the HOA. 10. Revise the Ownership and Dedication statement to include dedication of Tracts C and F. FDP Sheet 1 (Cover Sheet) 11. Update the Sheet Index to the correct sheet name and numbers. 12. Add Town Approval signature block. 2 FDP Sheet 2 General Notes 13. Provide a Land Use table that shows a detailed breakdown of lot sizes based on the tiers as outlined in the Development Regulations. Within this table, also provide land use information, gross/net residential density, and the minimum and maximum lot sizes. 14. Provide the note required by Section 10.5.19 of the Firestone Development Regulations regarding setbacks. 15. Within the Drainage section, provide information regarding the grading concept for the subdivision and how this was determined to aid the groundwater issues in the area. 16. Within the Architecture section, provide information about how the proposed architecture will accommodate for storage space since the homes constructed within this filing will not have basements. Provide information regarding whether homeowners will be permitted to construct retaining walls at the steep sloped within the front and back yards. 17. Within the Development Schedule, provide information regarding the specific development schedule of all fencing to be constructed by the developer. 18. Within the Elevations paragraph of the Architecture section, revise the sheet number with the sample elevations to reference the correct sheet number. 19. Revise the Enhanced Elevation Table on Sheet 3 to reflect the following: ENHANCED ELEVATION TABLE LOT NUMBER ELEVATION AND OPTION NUMBER LEFT RIGHT REAR BLOCK 1 24 2 2 25 2 2 2 20. Remove Block 4 from the Enhanced Elevation Table, as there is no Block 4 within this Filing No. 3. 21. Revise the water dedication language as directed by the Town Engineer. 22. Within the Land Use Table, revise the impervious areas as noted by the Town Engineer. 23. Revise the Land Use Table to reflect Tracts C, D and F will be owned by the Town and maintained by the HQA. 3 24. Within the Parks, Trails and Open Space section, delete the first sentence. Provide further information regarding how the 10% public land dedication will be met for this filing. FDP Sheet 3 (Tract Plan) 25. Remove the Town Approval signature block from this sheet. (Needs to be on Sheet 1.) FDP Sheets 12-18 26. Correct issues with text on all landscape sheets and resubmit for Town review. The current text issues prevent adequate review. 27. Provide a note indicating when the landscaping will be installed. FDP Sheets 13-24 28. Add missing title block to top of sheets. FDP Sheet 16 (Fencing Plan 29. Provide information regarding who is responsible to install each type of fencing shown on the fencing plan and when it will be installed. 30. Show the block and lot numbers, lot lines, and lot setbacks. 31. Provide a detail of how the privacy fence will be constructed along the lot lines of Block 1, Lots 21/22, 22/23, and 23124 so the runoff in the proposed drainage swale is not blocked. FDP Sheet 19 (irrigation Schedule and Notes) 32. Provide information regarding where supplemental irrigation will be used and how supplemental irrigation will be provided. FDP Sheet 20 (Irrigation Plan) 33. Provide the information requested by the Town Engineer regarding the temporary irrigation system disconnection timeframe and the location/mechanism of the temporary irrigation. Add notes as required by the Town Engineer. FDP Sheets 23-24 (Irrigation Plan 34. Remove these sheets from the FDP, as they do not show any irrigation improvements. Final Utility, Plans Sheets 3-4 (Existing Conditions and Demo Plan) 35. The existing irrigation line must be removed (all notes were fixed, except for one; see Town Engineer redlines). Delete the reception number for the partial irrigation easement vacation. 4 Final Utility Plans Sheets 8-10 (Grading Plan) 36. Add side lot drainage easement for Block 1, Lots 31130, 30129, 29/28, and 28/27. Final Utility Plans Sheet 23 (Falcon Water P&P, Connection) 37. Revise the water line profile to provide V minimum vertical separation between the existing 2" PVC CWCWD water line and the proposed 8" Town water line. Calculate and label the joint restraint length of the vertical bends. The profile stationing does not match the plan view stationing. Final Utility Plans Sheet 26_fIrrigation Line P&P) 38. Clarify whether the irrigation manholes are standard manholes (eccentric cone) or flat top manholes. Add a note to have the irrigation manholes stamped "IRRIGATION." RESOLUTION NO.18-29 A RESOLUTION APPROVING A FINAL PLAT FOR BAREFOOT LAKES FILING N0, 2 1ST REPLAT AND A FINAL DEVELOPMENT PLAN FOR BAREFOOT LAKES FILING NO. 2 FDP AMENDMENT NO. 1 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat for Barefoot Lakes Filing No. 2 151 Replat and a final development plan for Barefoot Lakes Filing No. 2 FDP Amendment No. 1; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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: Section 1. The Final Plat for Barefoot Lakes Filing No. 2 1" Replat and the Final Development Plan for Barefoot Lakes Filing No. 2 FDP Amendment No. 1 are hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 80' day of August, 2018. n' f7sTO t �\�OWN� g i i o Werson, Mayor Pro-tem ATTEST:rn Leah Vanarsdall, Town Cleric EXHIBIT A Final Plat, Barefoot Lakes Filing No. 2 1" Replat FDP, Barefoot Lakes Filing No. 2 FDP Amendment No. I Conditions of Approval General — Replat and FDP 1. On both the plat and FDP, revise Block 5, Lot 1 (the site of the new community pool facility) to be designated Tract C and update all references throughout both the plat and FDP to reflect Tract C. 2. On both the plat and FDP, revise legal description as directed by the Town Engineer, 3. Verify and revise as necessary the outer boundary curves for Cl, C30, C32 and C33 on Sheet 2 of the plat, and Sheets 4-7 of the FDP. 4. Provide an updated estimate of the cost of public improvements, including the pool facility and Tract B play area, and execute an amendment to the subdivision agreement for Barefoot Lakes Filing No. 2 in a form to be approved by the Town Attorney. 5. Submit a drainage report for the pool facility improvements, for review and approval by the Town Engineer. 6. Provide a title commitment dated no later than thirty (30) days prior to submitting mylars for recording. 7. Revise plat and FDP to address redlines from the Town Engineer. Replat — Sheet 1 8. In the General Notes, add all pertinent easement notes and the V side lot drainage easement note from the Filing No. 2 final plat. 9. Update the Town Approval block to reflect the year 2018 and add a line for the Town Board Resolution number. Replat — Sheets 3-4 10. Insert the Barefoot Lakes Filing No. 2 final plat reception number (4375619) throughout. 2 FDP — General 11. Provide irrigation plans for the amended landscape areas of Filing 2. 12. Add a legend to applicable map sheets identifying the line types used, specifically the JW line type. 13. Revise proposed major and minor contours in all applicable legends. FDP — Sheet 1 (Cover and Narrative) 14. Include the Architect name, address, phone number and email with the other technical consultant information. 15. Add information about the changes to Block 4 (originally Block 8), Lots I and 2, to the Project Narrative section. 16. Add information about the modifications to Block 1 (originally Block 1) to the Project Narrative section. 17. Add a hatch for the proposed Block 4 and hatch all of Tract A. FDP — Sheet 2 (Proiect Narrative) 18. Provide the correct sheet number within the Firestone Information Block and Title Block. 19. Do not include Tract D in the density calculation within the Land Use and Density section, as that has already been calculated as part of Filing 3. 20. Provide the Park and Open Space Land Use Calculations table and the narrative regarding the Park and Open Space credits within the Parks, Trails and Open Space section. 21. Provide information regarding the amended water dedication. 22. In the Development Schedule section, provide information regarding the phasing of Filing 2, specific development schedule for the community pool facility and Tract B, development schedule for all fencing, and a plan expiration statement. 23. In the Development Schedule section, delete the first portion of the last sentence (regarding FUP submittal not coinciding with this FDP review process). Final utility plans must be submitted to the Town with the next submittal. 24. Revise "Landscape Design" to read "Signage" under the Barefoot Lakes Signage Standards heading. 3 25. Revise the enhanced elevation tables as directed by the Town's planning department. table. 26. Add the impervious area for Tract C (community pool facility) to the land use 27. Revise the utilities statement as directed by the Town Engineer. FDP — Sheet 3 (Overall Site Plan) 28. Revise addresses as shown on Town Engineer redlines to keep the numbering sequential with existing and adjacent addresses. FDP — Sheet 11 (Grading and Drainage Plan) 29. Revise all grading discrepancies between overall grading concept and fine grading (for example, contour 4870 near the pickle ball courts). 30. Show all chases and drainage devices on overall grading plan for reference information. FDP — Sheets 12-13 (Fine Grading) 31. Provide invert elevations for all pipes, or remove for consistency. FDP — Sheets 14-17 (Planting Plans) 32. Revise spelling on scientific name for the Cottonless Eastern Cottonwood. 33. Revise Feather Reed Grass hatch to look different than the Shortgrass Meadow Mix. 34. Revise to show no shrubs will be planed within 5' of storm, sanitary or water lines. 35. On Sheets 16 and 17, remove trees on Lake Terrace Street near the pool parking lot to preserve sightlines, as shown on Town Engineer redlines. FDP — Sheet 19 (Fencing) 36. Correct missing key map. FDP — Sheet 21 (Site Details) 37. Provide details related to the new community pool facility signage. 4 RESOLUTION NO. 18-28 A RESOLUTION APPROVING A FINAL PLAT FOR BAREFOOT LAKES FILING NO. 1, SECOND REPLAT AND A FINAL DEVELOPMENT PLAN FOR BAREFOOT LAKES FILING NO. 1 FDP AMENDMENT NO.3 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat for Barefoot Lakes Filing No. 1 Second Replat and a final development plan for Barefoot Lakes Filing No. 1 FDP Amendment No. 3; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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: Section 1. The Final Plat for Barefoot Lakes Filing No. 1, Second Replat and the Final Development Plan for Barefoot Lakes Filing No. 1 FDP Amendment No. 3 are hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 8u f August, 2018. FIREST rowN 'L� (06 + .... ATTEST: ..CO 0 �5�x (/ Leah Vanarsdall, Town Clerk Mayor Pro-tem EXHIBIT A Final Plat, Barefoot Lakes Filing No. 1, Second Replat FOP, Barefoot Lakes Filing No. 1 FOP Amendment No. 3 Conditions of Approval General — Replat and FDP l . Provide a title commitment dated no later than thirty (30) days prior to submitting mylars for recording. 2. Revise legal descriptions on plat and FDP as directed by the Town Engineer. 3. Revise plat and FDP to address Town Engineer redlines. Replat — Sheet 1 4. Add the Firestone street names (Ronald Reagan Boulevard and Birch Street) to the vicinity map. S. Update the Town Approval block to reflect the year 2018 and add a line for the Town Board Resolution number. 6. In General Note number S, complete the reference to the title commitment. _Replat — Sheet 2 7. Confirm all existing easements are shown. FDP — Sheet 2 (Site Plan) 8. Revise building setbacks so that only the new setbacks are shown. 9. Correct the address table as shown in Town Engineer redlines. 10. In the Grading Plan, correct the block numbers to match the Filing No. 1 Second Replat. Final Utility Plan 11. On the Filing 1 as-builts, ensure the block numbers are correct and match the block numbers on Filing No. 1 Second Replat. Label `Barefoot Lakes Filing No. 1, Second Replat Rec. # " where necessary. RESOLUTION NO. 18-27 A RESOLUTION APPROVING FINAL PLATS AND FINAL DEVELOPMENT PLANS FOR NEIGHBORS POINT FILING NOS. 3 AND 4 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of final plats and final development plans for Neighbors Point Filing Nos. 3 and 4; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 proposed final plats and final development plans 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 Final Plat for Neighbors Point Filing No. 3, the Final Development Plan for Neighbors Point Filing No. 3, the Final Plat for Neighbors Point Filing No. 4 and the Final Development Plan for Neighbors Point Filing No. 4 are hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 8 h day of August, 2018. ATTEST: Leah Vanarsdall, Town Clerk EXHIBIT A Final Plats and Final Development Plans Neighbors Point Filing Nos. 3 and 4 Conditions of Approval General l . Provide a title commitment dated no later than thirty (30) days prior to submitting mylars for recording. 2. The Access Easement (RN 4017080) and Waterline Easement (RN 14017081) will be vacated by separate instrument in a form to be approved by the Town Attorney. 3. Execute a subdivision agreement for each filing, in a form to be approved by the Town Attorney. Filing 3 Final Plat — Sheet 1 Cover Sheet 4. Delete the reference to Tract S from the Ownership and Dedication statement. (Tract S will be owned by the HOA.) S. Add a new Note 11, advising the Access Easement (RN 4017080) and Waterline Easement (RN 14017081) will be vacated by separate instrument. Filing 3 Final Plat — Sheet 3 6. Separate the Lot 207 Utility and Drainage Easement notes for clarity. Filing 3 FDP — Sheet 2 Cover & Narrative 7. Revise "Public Land Dedication (Tract S)" to read "Open Space (Tract S) and correct areas and percentages as noted in Town Engineer redlines. 8. Revise the Public Land Dedication Table to accurately reflect Filing 3. 9. In the Parks, Trails and Open Space section, replace the sentence reading "This contains a total of 0.91 acres to be dedicated to the Town for open space" with "This contains a total of 0.97 acres owned by the HOA as open space." 10. Replace the Water Dedication language as directed by the Town Engineer. 11. Revise the Land Use Table to use the lot size categories approved in the ODP Amendment. Reference the correct lot size categories used in the Residential Densities table. Filing 3 FDP — Sheets 6, 7 and 9 (Site Plan and Utility Plan) 12. Separate overlapping notes for clarity. 2 Filing 3 FDP — Sheet 13 (Landscape Plan) 13. Remove "future" from the graphic labels for Filings 6 and 7. Filing 3 FDP — Sheets 13-21 14. In the Firestone Information Block, revise the preparation date to read November 10, 2017 and the revision date to read April 11, 2018. Filing 4 FDP — Sheet 2 (Cover & Narrative) 15. Revise the Land Use Table to use the lot size categories approved in the ODP Amendment. Reference the correct lot size categories used in the Residential Densities table. Verify lot counts in each category. 16. Revise the Public Land Dedication Table to accurately reflect Filing 3. 17. Update Water System narrative to indicate correct connection point locations. 18. Replace the Water Dedication language as directed by the Town Engineer. 19. Update the Residential Densities table to reflect the correct number of lots per size category as directed by the Town's planning department. 3 RESOLUTION NO. 18-26 A RESOLUTION APPROVING A FINAL PLAT FOR HIGH PLAINS MARKETPLACE, REPLAT NO. I AND A FINAL DEVELOPMENT PLAN FOR KING SOOPERS FUELING FACILITY EXPANSION WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat for High Plains Marketplace, Replat No. 1 and a final development plan for the King Soopers Fueling Facility Expansion, which amends the final development plans for High Plains Marketplace and the King Soopers Fueling Facility; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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: Section 1. The Final Plat for High Plains Marketplace, Replat No. 1 and the Final Development Plan for King Soopers Fueling Facility Expansion are hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 25 h day of July, 2018. F�Rlrs ro� .�• royyN � ATTEST: 10 �o 0.% . fQQ- Leah Vanarsdall, Town Clerk 7AMIS 1:05 Pit [knfl R.-TuestomlSubdi%isioTd%Kigp Soopm Fueling FDP Amcnd T8 m doex Ru 11 WUm �l '�•. • EXHIBIT A Conditions of Approval High Plains Marketplace, Replat No. 1 King Soopers Fueling Facility Expansion Final Development Plan Replat I . Provide a title commitment dated no later than thirty (30) days prior to submitting mylars for recording. 2. Label the newly -created lot with a new lot number, as directed by the Town Engineer. 3. Provide Owner's contact name and email address. 4. On the Vicinity Map, make the existing limits of the Town of Firestone a different line type for clarity. 5. Address redlines from the Town Engineer. FDP-- General 6. Include an Irrigation Plan and associated details and notes within the final development plan. 7. Remove contractor specific notes or update to state "The Developer will...." within the following note sections: a. Soil Import Notes on Sheet 6 b. General Notes on Sheet 7 C. Utility Notes on Sheet 8 d. Planting Notes on Sheet 11 e. Tree Protection Notes on Sheet 12 f. Contractor note within box on Sheets 13 and 14. 8. Address redlines from the Town Engineer. 9. Provide complete Traffic Compliance Letter for review by the Town Engineer. 10. Modify Drainage Compliance Letter and calculations as directed by the Town Engineer. 2 FDP — Sheet 1 (Cover Sheet) 11. On Sheet 1, revise the legal description to reflect the new lot number created by the replat. FDP — Sheet 2 (Narrative) 12. Update the Utilities and Zoning and Allowed Uses sections with the replat legal description (do not reference "Lot 1 & 2"). 13. Include a plan expiration statement in the Development Schedule (required by Section 10.5.20 of the Development Regulations), to read as follows: "This Final Development Plan will expire if the property is not developed in accordance with its term within three (3) years of the date of Town Board approval." 14. Within the Controls section, revise the first sentence to read as follows: "The Declaration of Reciprocal Easements and Restrictions were provided to the Town of Firestone...." FDP — Sheet 5 (Site Plan) 15. Provide information on bordering property names and land uses, along with reception numbers of recorded plats. FDP — Sheet 11 (Landscape Plan and Notes) 16. Remove existing landscape hatch over the pedestrian ramp. 17. Remove Fountain Grass plant symbol from within the parking lot asphalt area. 3 RESOLUTION NO.S A RESOLUTION ADOPTING UPDATED PURCHASING AND FINANCIAL POLICIES FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone has previously adopted a set of purchasing and other financial policies for the Town; and WHEREAS, the Board of Trustees finds that such policies and procedures should be updated and that the adoption of a set of current and comprehensive purchasing, investment, debt management, and capitalization threshold and depreciation policies will promote and support the efficient and effective use of Town resources and promote the best interests of the Town; and WHEREAS, there has been presented to the Board of Trustees for adoption a proposed set of purchasing, investment, debt management, and capitalization threshold and depreciation policies, which policies have been developed through the collaborative efforts of the Finance Committee, Town Manager, Department of Finance and other Town department heads, supervisors, staff and consultants; and WHEREAS, the Board of Trustees finds that the adoption of such policies is authorized by law; and WHEREAS, the Board of Trustees finds that the proposed Purchasing Policy and the award of bid provisions included therein are solely in support of the Town's fiscal responsibilities, including administration of annually appropriated funds, and solely for the benefit of the Town of Firestone, and confer no rights, duties or entitlements to any bidders or proposers; and WHEREAS, the Board of Trustees by this Resolution to desires to adopt said polices; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves and adopts the Town of Firestone Purchasing Policy, the Town of Firestone Investment Policy, and the Town of Firestone Debt Management Policy, and the Town of Firestone Capitalization Threshold and Depreciation Policy, which are attached to this Resolution. Section 2. The Policies approved and adopted by this Resolution shall take effect July 11, 2018. Section 3. In furtherance of the Town of Firestone Purchasing Policy, the Town Controller shall from time -to -time prepare purchasing procedures applicable to purchases, which such procedures are subject to approval by the Town Manager or his or her designee. Section 4. All resolutions and policies or portions thereof previously adopted that are 1 inconsistent or conflicting with the policies adopted by this Resolution are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, and ADOPTED this �� day of , 2018. TOWN OF FIRESTONE, COLORADO tiail ""JIVI. 49 MaAff;v#'�//m m It SEA ? o �o ' � 1 ,I a. .. \ �. �.1► /i 2 RESOLUTION NO. 18-24 A RESOLUTION APPROVING AN AGREEMENT FOR MUNICIPAL JAIL SERVICES BETWEEN THE TOWN OF FIRESTONE AND THE COUNTY OF WELD, COLORADO WHEREAS, pursuant to C.R.S. § 31-15-401(1)(k), the governing body of a statutory municipality has the authority to use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law, and with the consent of the board of county commissioners; and WHEREAS, pursuant to C.R.S. § 29-1-203, political subdivisions may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting entities; and WHEREAS, the Town does not maintain or desire to maintain its own jail facility; and WHEREAS, there has been proposed an agreement for the Town's use of the Weld County Jail in exchange for the Town's payment of certain costs associated with the confinement or punishment of municipal offenders; and WHEREAS, the Town Board of Trustees by this Resolution desires to approve such agreement and authorize its execution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The proposed Agreement for Municipal Jail Services ("Agreement") between the Town of Firestone and County of Weld is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. 2. The Mayor is authorized to execute the Agreement, except that the Mayor is hereby granted the authority 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. INTRODUCED, READ AND ADOPTED this 13t' day of June, 2018. TOWN OF FIRESTONE, COLORADO STC) BAbi Sindelkk, Mayor TOWN ATTEST: SEA NTY, Leah Vanarsdall, Town Clerk RESOLUTION NO.18- 23 A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR BAREFOOT LAKES FILING NO. 3 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat and final development plan for Barefoot Lakes Filing No. 3; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 proposed final plat and final development plan should be approved, subject to certain conditions. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Final Plat and Final Development Plan for Barefoot Lakes Filing No. 3 are hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND c�° coves . ATTEST: �th Vd hCU4&&& Leah Vanarsdall, Town Clerk 5/18R018 2:59 PA! [1:mk] R-.Ti tgon6&MivWonABarefoa F3 FP end FPPTH res.d= day of May, 2018. EXHIBIT A Final Plat Final Development Plan Barefoot Lakes Filing No. 3 Conditions of Approval General 1. Provide an updated title commitment when the mylars are provided for recording, to confirming all owners have signed the final plat and FDP. 2. Include reception numbers for Barefoot Lakes Filing No. 1 and Barefoot Lakes Filing No. 2 on the final plat, FDP, and final utility plans. 3. Confirm, or correct as necessary, the areas for OS-B 1 and OS-132 in the Runoff Summary Table and the Final Drainage Plan Map. 4. Revise the Drainage Map as directed by the Town Engineer and provide a signed and stamped copy. 5. In the Final Drainage Report Filing No. 2-Amendment No. 1, provide the Type C area inlet calculation. 6. In the Final Drainage Report Filing No. 2-Amendment No. 1, include the calculation requested by the Town Engineer and provide a signed and stamped copy. 7. Execute a subdivision agreement, in a form to be approved by the Town Attorney. 8. The location of the pipeline in the Kerr-McGee right-of-way in Tract D needs to be shown and the required setback labeled on both the final plat and the FDP. Final Plat 9. Revise the owner information in the Ownership and Dedication block as necessary to conform with the updated title commitment. 10. On Sheets 4-6, label an additional sight distance easement in Tract B to preserve the sight line along Barefoot Lakes Boulevard and add the following note: "The variable width sight distance easement is a no -build area and restricts vegetation and permanent structures more than three feet tall." Final Development Plan 11. Correct the sheet index on Sheet 1; Sheet 24 is missing and all subsequent sheets after are incorrectly numbered. 2 12. The font size for the first two words in the Project Narrative (Project Concept) section on Sheet 2 needs to be adjusted. 13. On Sheet 2, the final sentence in the second paragraph of the Project Concept section should be revised to read as follows (words to be deleted stneleen; words to be added underlined): "Following the Regional Park Filing No. 1 FDP, this FDP is the feui4h paA 6 continues what is becoming a robust active and passive recreation program...." 14. Revise the Enhanced Elevation Table on Sheet 3 to reflect the following: ENHANCED ELEVATION TABLE LOT NUMBER ENHANCEMENT LOCATION RIGHT LEFT REAR BLOCK 1 12 X 13 X 14 X 15 X 16 X 17 X 18 X 19 X 20 x 21 X 22 X 23 X 24 X X 15. On Sheet 3, Accessory Structure, note 3, add the following: "All accessory buildings shall be located on the ground." 16. On Sheet 10, provide a description of the procedure, method, timing and general water demand impacts of any landscape phasing plan within the FDP sheets. Final Utility Plans 17. On Sheet 3.1 (Details), provide a detail of the spillway located in Tract C behind the 10' Inlet and provide erosion protection. 18. On Sheet 4.0, revise to reflect the storm sewer manhole will be installed 6" below the gravel road surface and add a carsonite marker post to locate the center of the manhole. 3 19. On Sheets 5.1-5.4 (Street Plan & Profile), add the existing grade to the profiles and fade any existing or future improvements and features to clearly depict what is being built with this Filing No. 3. 20. On Sheets 8.6 and 8.10 (Details), identify where the sidewalk chase is located and revise all details to reflect current Town details. 21. Revise the plans to include detail for perimeter fencing, consistent with perimeter fence design used for prior filings. The Subdivider shall install the perimeter fencing as part of the Filing No. 3 improvements. 22. Side yard setbacks for attached units shall comply with standards in the Development Regulations, except that the Planning Department is authorized to approve revisions to the setback table to allow uncovered deck and patio encroachments for specified lots of not more than two feet into a side yard setback (but in no event into required utility or structure separation areas). All revised side yard setback details shall be added to the plans after staff review and approval and prior to recording. 4 RESOLUTION NO.18-22 A RESOLUTION APPOINTING THE DRCOG REPRESENTATIVE AND THE DRCOG ALTERNATE REPRESENTATIVE FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone is a member of the Denver Regional Council of Governments (DRCOG); and WHEREAS, each member of DRCOG is entitled to designate an elected official to serve as a Member Representative and an elected official to serve as an Alternate Member Representative on the DRCOG Board of Directors; and WHEREAS, the Town by this Resolution desires to designate the Town's Member Representative and the Town's Alternate Member Representative to the DRCOG Board of Directors, such designations to be effective upon the date of adoption hereof; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby appoints Mayor Fro -tern Drew Peterson as the Town's Member Representative to the DRCOG Board of Directors for the Town of Firestone, effective immediately and expiring at such time as such person is no longer a member of the Board of Trustees or a successor is appointed. Section 2. The Board of Trustees hereby appoints Trustee Don Conyac as the Town's Alternate Member Representative to the DRCOG Board of Directors for the Town of Firestone, effective immediately and expiring at such time as such person is no longer a member of the Board of Trustees or a successor is appointed. Section 3. The above -named Member Representative is hereby authorized to vote for and on behalf of the Town and to represent the Town in connection with all matters that may come before DRCOG's Board of Directors from time to time. The Alternate Member Representative shall serve in the event of the Member Representative's absence, or as otherwise permitted by DRCOG. INTRODUCED, READ, and ADOPTED this 9th day of May, 2018. TOWN OF FIRESTONE, COLORADO TOWN ,,o . A A ST Vanarsdall, Town Clerk RESOLUTION NO. 18-21 A RESOLUTION AUTHORIZING CHANGES TO THE AUTHORIZED SIGNERS FOR THE TOWN'S BANKING AND FINANCIAL ACCOUNTS ,WHEREAS, Sections 2.16.010 and 3.04.080 of the Firestone Municipal Code require that checks, drafts or warrants drawn on Town accounts shall be signed by two of the following persons: The Mayor, Mayor Pro-Tem, Town Treasurer, Town Clerk or Town Manager; and WHEREAS, the Town has various accounts and safe deposit boxes with banks, depositories and financial institutions; and WHEREAS, the Board of Trustees desires to add/change authorized signers to such accounts and safe deposit boxes; NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes the addition/change of Mayor Bobbi Sindelar and Mayor Pro-Tem Drew Peterson as authorized signers on the Town of Firestone accounts and safe deposit boxes located at the banks, depositories and financial institutions used by the Town. Section 2. The Mayor and Town staff are hereby authorized to execute and deliver any and all documents necessary to effect the changes described herein. INTRODUCED, READ, and ADOPTED this 1 Ith day of April, 2018. TOWN OF FIRESTONE, COLORADO MOAWA i C 4 • •" ." a • ATTEST: FI>Z�S� Leah Vanarsdall'� TQwN Mt<` Town Clerk S v s to �0f%�- .........�Q RESOLUTION NO. 18-20 A RESOLUTION APPROVING A FINAL PLAT FOR FIRESTONE CENTRAL PARK SECOND FILING WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat for Firestone Central Park, Second Filing, a replat of Outlot 1, Firestone Central Park First Filing Minor Subdivision; and WHEREAS, all materials related to this application have been reviewed by Town staff 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 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 proposed final 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 1. The final plat for Firestone Central Park Second Filing is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this l l O' day of April, 2018. SEA. 1°0 ATTEST: CO r �� Leah Vanarsdall, Town Clerk 41612018 11:26 Mi [lank[ R:IFmmtame Subdi.isiorutiFurstmr Central Perk-- F2 TB ry docc uAnt, EXHIBIT A Final Plat Firestone Central Park Second Filing Conditions of Approval 1. In the Ownership and Dedication block, delete reference to dedication of Outlots to the Town. 2. In Note 8, remove reference to "client." 2 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR LOT 5 HIGH PLAINS MARKETPLACE WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan for Lot 5 High Plains Marketplace; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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 1. The Final Development Plan for Lot 5 High Plains Marketplace is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this I IO'day of Apol, 2018. AMA Leah Vanarsdall, Town Clerk 4WO18 11 M ANI D mk] R:IF'u=ow'0SubdivisioruV_W 5 ffigh Plains hlnrl:esplax FDP 18 rm door EXHIBIT A Final Development Plan Lot 5 High Plains Marketplace Conditions of Approval General 1. Update water dedication calculations based on the criteria set forth in Ordinance 908, as directed by the Town Engineer. 2. Submit AWWA water service calculations for approval by the Town Engineer. 3. Provide Site C-Factor calculations referenced in the Drainage Concurrence Letter for review and approval by the Town Engineer. 4. Show a new fire hydrant, to provide primary coverage, in a location to be approved by the Frederick Firestone Fire Protection District. S. Execute a development agreement, in a form to be approved by the Town Attorney. b. Provide a metes and bounds legal description and exhibit for the 10' water easement, to be drafted by the Town. Provide executed easement to Town for recording with final documents. 7. Secure an exclusive water easement from the owners of the neighboring property (Lot 7 of High Plains Marketplace), which must be contiguous from the water meter to the existing easement at the water main. 8. Address redlines that accompanied the Town Engineer's December 18, 2017 memorandum. 9. Provide an updated title commitment, dated no later than one month prior to submitting final documents for recording. 10. Provide a detail of the proposed street, parking and wall mounted lights. Street and/or parking lot lights shall be consistent with the existing lots in High Plains Marketplace. 11. Provide a site details sheet to include the following details: (a) All signage: Building, tenant, drive -through, pole sign/monument sign, and any other signage. (b) Bike rack detail. (c) Trash enclosure detail. 2 Sheet 1 - Cover Sheet 12. Correct sheet title discrepancy for Sheet 9 (index uses title "Irrigation Details," but title on Sheet 9 is "Irrigation Plan"). 13. Revise legal description as directed by the Town Engineer. 14. Revise the electric service provider to United Power. 15. Verify the site address provided. The address is inconsistent on the Cover Sheet and under the Building Address section on Sheet 2. Sheet 2 - Notes Sheet 16. Provide updated water dedication requirements in the water dedication text. 17. Revise the reference to Quest Communications to read CenturyLink. Sheet 3 - Site Plan 18. Provide the location of the proposed trench drain on the west side of the building. 19. Label the property boundary with bearings and distances, which must match the High Plains Marketplace Final Plat. Sheet 4 — Utility Plan 20. Show the location of the proposed electrical line. Clarify whether there will be any electricity run from the building to the drive-thru menus. 21. Show the location of proposed street lights. Sheet 6_-_Landscape Plan 22. Update landscape plan to screen the entire trash enclosure and transformer from the north. Remove plant symbols located on top of proposed transformer location to the east of the trash enclosure. Ensure all map sheets reflect the correct location of the proposed transformer. Sheet 7 — Landscape Details 23. Remove all references to the contractor from Landscape Notes; the Owner is responsible for constructing all improvements shown in the FDP, regardless of whether the Owner chooses to meet this obligation by hiring contractors. Sheet 8 — Irrigation Plan 24. Provide a symbol on the plan of the master valve location and identify in the legend. 25. Revise the irrigation plans to move the backflow preventer into a landscape bed where it will be screened. 3 Sheet 14 — Photometric Plan -Halide Option 26. Remove the second photometric plan showing Halide lamp options, as the lighting provided will be LED. RESOLUTION NO. 18- 18 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR HOLIDAY INN EXPRESS #17147(A) WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan for Holiday Inn Express # 17147(A); and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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 1. The Final Development Plan for Holiday Inn Express #17147(A) is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPT ' 11t' day of April, 2018. F�REST� Jr rowN ��• r� o B i Sindel r Mayor ATTEST: �00,..c0� L anarsaall, Town Clerk 419n019 I 02 AA1(kmk) R:1F'm=om\SubdivisionMo1iday Ion E¢pnss (2018) FDPTR rrsdoec EXHIBIT A Final Development Plan Holiday Inn Express #17147(A) Conditions of Approval l . Remove all references to "Contractor" throughout the FDP. 2. Revise the stated building height as necessary to resolve discrepancy between the Site Summary Table on Sheet I and the Building Elevations on Sheet 8, 3. Provide an updated title commitment, dated no later than one month prior to submitting mylars for recording. 4. Verify water dedication information and calculations provided with the FDP application, and make such revisions as may be directed by the Town Engineer to ensure adequate water is dedicated. 5. Revise electronic version of plans as necessary to ensure handicap ramps print. 2 RESOLUTION NO. 18-17 A RESOLUTION APPROVING FINAL PLATS AND FINAL DEVELOPMENT PLANS FOR NEIGHBORS POINT FILING NOS. 6 AND 7 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of final plats and final development plans for Neighbors Point Filing Nos. 6 and 7; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 proposed final plats and final development plans 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 Final Plat for Neighbors Point Filing No. 6, the Final Development Plan for Neighbors Point Filing No. 6, the Final Plat for Neighbors Point Filing No. 7 and the Final Development Plan for Neighbors Point Filing No. 7 are hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 28'" day of March, 2018. FIRES O wN I Sorensen, Mayor ATTEST: v 1 OG� jQ0 OL Leah Vanarsdall, Town Clerk M 2018 1034 M1 [lcm1:[ R,.Tircst wZubdntisionsNNcighbwn Pam 67 FP FDP TR ms,d= EXHIBIT A Final Plats and Final Development Plans Neighbors Point Filing Nos. 6 and 7 Conditions of Approval Final Plats 1. Prior to issuance of any building permit, Cascade Street and Sandy Ridge Avenue must be constructed and extended to the eastern limits of Neighbors Point Filing No. 5, in order to provide a second point of access for residents and emergency services. 2. Provide an updated title commitment, dated no later than one month prior to recording of final documents. 3. Execute a subdivision agreement, in a form to be approved by the Town. Final Development Plans 4. Delete Parks, Trails and Open Space sections. 5. Update water dedication language with calculations provided by the Town Engineer. 6. Fade back all existing utilities. 7. Remove all text relating to the temporary turnaround easement, which will be vacated upon recording the final plat. 8. In the Town approval block, provide a blank for the resolution number (it will not be 04- 27). 9. Add a sentence to the Project Concept section that gives information on the land use of this filing. 10. Revise the land use table to match the lot size categories approved in the ODP amendment. Reference the correct lot size categories used in the Residential Densities table. 11. Within the first sentence of the Drainage section, revise "Neighbors Point site" to read "Neighbors Point Subdivision." 12. Add a Utility section that is similar to the Utility sections provided in Filings 1, 2 and 5, with information specific to Filings 6 and 7. 13. Within the Water Dedication section, revise "Firestone Ordinance 908" to read "requirements adopted by the Town Board of Trustees." 14. Within the Architecture Intent section and the Elevations paragraph within the Architecture Specific section, update the sheet number reference for the Building Elevations sheet to be the correct number (Sheet 12 in current submittal). 15. Within the Architecture Intent section, under the Building Design & Placement paragraph, remove language referring to various roofing material (i.e., tile, concrete, slate) as these types are not permitted. 16. Within the Architecture Intent section, under the Building Design & Placement paragraph, revise "sitting standards" to read "siting standards." 17. Within the Architecture Intent section, second bullet of the Materials paragraph, revise "unless otherwise approved by the board ..." to read "unless otherwise approved by the Town Planner...." 18. Within the Architecture Specific section, under the Elevations paragraph, revise Number 5 and Number 6 to remove references to "rear elevation" and replace with "enhanced elevation." 19. Within the Architecture Specific section, in the last sentence of the Accessory Buildings section, revise "Drainage from the roof of the shed" to read "Drainage from the roof of the accessory building." 20. In the Development Schedule section, including information on phasing for this project, the development schedule for all HOA maintained open space, and the development schedule for fencing to be constructed by the developer. Include a plan expiration statement. 21. Correct all 'T Height Privacy Fence" references to read "5' Height Semi -Privacy Fence" within the corresponding detail and throughout the Fencing Notes section. 22. For the Filing No. 7 FDP, revise fencing plan to show 3' height rail open fence along the northern rear lots. More specifically, a portion of Lot 251, Lots 252 and 253, and Lots 255-268. 3 RESOLUTION NO.18-16 A RESOLUTION APPROVING A FINAL PLAT FOR THE DEL REY SUBDIVISION (AREA 4) REPLAT AND A FINAL DEVELOPMENT PLAN — AMENDMENT NO. 1 FOR DEL REY SUBDIVISION (AREA 4) WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat for the Del Rey Subdivision (Area 4) Replat and a Final Development Plan — Amendment No. I for Del Rey Subdivision (Area 4); and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 proposed final plat and amended 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 1. The final plat for the Del Rey Subdivision (Area 4) Replat and the Final Development Plan — Amendment No. 1 for Del Rey Subdivision (Area 4) hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOP this 1401 day of March, 2018. sro .yF TOWN 10 &SEAL 10 OPaul Sorensen, Mayor ATTEST: C�� ...... ••Gp� LINTY. Leah Vanarsdall, Town Clerk 318MIS 11:34 AM [km*] R:Wuv9m1S"visior*0d Rey Area 4 Replat FDP Amend TB rmd= EXHIBIT A Final Plat and Final Development Plan — Amendment No. 1 Del Rey Subdivision (Area 4) Conditions of Approval Final Plat tots 11 and 12 1. Modify plan pursuant to comments of the Town Engineer set forth in the memoranda dated April 28, 2016 and January 11, 2018, copies of which are set forth in Exhibit A-1. 2. Show a 25' setback from the plugged and abandoned wellhead to any structure. Final Development Plan Amendment 1 for Del Rey Subdivision (Area 4) (FDP- Amended)^ 3. Put current plan dates on the all amended plan sheets. 4. Add a note that this FDP is a completely restated and amended FDP. 5. Correct Vicinity Map to properly identify Area 4. 6. Add a note that no home business or any commercial operations can be conducted in the accessory building(s). 7. Insert language prepared by the Town to further clarify the definitions and standards for this FDP, including: • No commercial operations, manufacturing, industrial uses can occur on the property, consistent with the Firestone Municipal Code. • Add a definition for attics and lofts. 8. Remove reference to the keeping of horses and barbed wire fencing. 9. Add a note that the aggregate area of all attached garages for a single house shall not be greater than 3,000 square feet. 10. Identify on the FDP where the parking of vehicles on gravel parking shall be permitted. Also, note that all vehicles shall be parked on paved or gravel all weather surfaces. 11. Add a note that the Town does have a noise ordinance that applies to this FDP. 12. Add a note that no commercial operations shall be ancillary to the primary residential structure. 2 13. The definition of an "accessory building" is as stated for this FDP herein. 14. The FDP should limit the accessory building (one or two) to a combined maximum of 3,000 square feet in total. 15. Remove the reference to a loafing shed since horses on these size lots are prohibited. 16. Provide elevations of accessory buildings, describe how they appear and will be architecturally compatible with the primary residence. Unpainted metal accessory buildings are prohibited. 17. Specifically, describe the architectural materials and colors for the proposed new homes. 18. Add a note that all fencing shall be of the same color, height and material. 19. Confirm that the property is served by the Frederick Firestone Fire Protection District, 20. Confirm that the property has paid its park cash -in -lieu fees for lots 11 and 12. Additional Conditions 23. Update both final plat and FDP to show correct location of oil and gas wells. 3 EXHIBIT A-1 P5 r � 694an P. AP 4111- 4 "3� -V � � COLORADO CIVIL GROUP, INC. fngf m teg Consultants TO: Mr. Bruce Nickerson, The Nickerson Company, Town Planner FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer QD Lindsey Green, Colorado Civil Group, Inc., Town Engineer DATE: April 28, 2016 SUBJECT: Del Rey Subdivision (Area 4) Replat No. 1 PROJECT No.: 0668.0057.01 Memo We have completed our review of the: Del Rey Subdivision (Area 4) Replat No. 1 and Final Development Plan received on March 24, 2016. We offer the following comments: General: 1. A Minor Subdivision is a process within the Town. Del Rey Subdivision (Area 4) Replat No. 1 is eligible for this process. 2. The construction plans for Area 4 Del Rey Subdivision included water and sanitary sewer stubs for lots 11 and 12 in anticipation of this replat occurring. We recommend verifying that the utilities are indeed located there. 3. The applicant is submitting an amendment to the Approved Final Development Plan Del Rey Subdivision (Area 4), recorded on 1/18/1999, Reception number 2667495 for the entire subdivision, not just lots 11 and 12, which are part of the Del Rey Subdivision (Area 4) Replat No. 1 being filed simultaneously. 4. The well that had been located on Tract A, has been abandoned and plugged with all proper information provided to the COGCC. The approval document number is 400617634, approved 3/30/2015. 5. WCR 20 has been deannexed from Firestone and is part of Frederick's Town Limits. The road is also known as Bella Rosa Parkway. Please correct any discrepancies in the plan sets. Submittal Binder: 6. Vicinity Map (10.3.4 & 12.2.4) —A Vicinity Map was not provided. 4 7. Title Commitment (10.3.5) — Title commitments for each property owner are required in order to verify the owners of each lot for the FDP acceptance. The title commitments shall be dated no later than one month prior to the application date. 8. Title Commitment (12.2.5) — The Title Commitment lists the owners in fee simple as Del Rey Association, a Colorado nonprofit corporation, dated December 17, 2015. An updated Title Commitment is required prior to recording, dated no later than one month prior to the application date. 9. Legal Description (12.2.6) — A copy of the legal description was not provided, however the Final Plat legal description (found on the Map sheet) is composed of an aliquot description and is acceptable. Please amend to the following: "TRACT A AS SHOWN ON THE PLAT OF DEL REY SUBDIVISION (AREA 4) AS RECORDED ON 1/18/99 UNDER RECEPTION NO. 2667494 IN THE RECORDS OF THE WELD COUNTY, COLORADO CLERK AND RECORDER'S OFFICE, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6Ts P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. CONTAINING AN AREA OF 89,294.76 S.F. OR 2.06 ACRES.- 10. Legal Description (10.3.6) — A copy of the legal description was not provided, however the FDP — Amendment No. 1 legal description (found on the FDP sheet 1) is composed of an aliquot description and is acceptable. Please amend to the following: "ALL OF DEL REY SUBDIVISION (AREA 4) AS RECORDED ON 1/18/99 UNDER RECEPTION NO. 2667494 IN THE RECORDS OF THE WELD COUNTY, COLORADO CLERK AND RECORDER'S OFFICE, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TK P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, CONTAINING AN AREA OF 19.61 ACRES." 11. Tax Certificate (10.3.7 & 12.2.7) — A tax statement showing all of the taxing districts is required. 12. Water Dedication (10.3.10) — Water was dedicated to the Town with the original Del Rey (Area 4) Subdivision Agreement, additional water dedication is not required. Final Plat: 13. Title Block (12.4.2) - A Minor Subdivision Plat is a process within the Town, not the title of a document, please update the title block to state "Final Plat," as well as changing the Subdivision name to state Replat No. 1. See redlines for corrections. 14.Owner/Developers (12.4.4) — The Title Commitment lists Del Rey Association, A Colorado nonprofit corporation as the owner, please update so the owner information matches the Title Commitment exactly. 15. Legal Description (12.4.6) — Refer Submittal Binder Legal Description Comment 8 and to the redlines for corrections. 5 16. Lender Consents (12.4.26) — It does not appear that a Lenders Consent block will be required for this project. 17. Sheet 1 (12.4.27 Ownership and Dedication) — The Owner needs to match the Title Commitment. Refer Submittal Binder Legal Description Comment to update the legal description and all references to "Qwest" should be changed to read "Century Link". See redlines for additional minor comments. 18. Refer to the Final Plat for any additional redlined comments. Final Development Plan (FDP) Map: Misc- 19. Vicinity Map (10.5.3) — Please update the existing Town of Firestone Town Imits. 20. Legal Description (10.5.6) — Refer Submittal Binder Legal Description Comment 9 and to the redlines for corrections. 21. Environment Concerns (10.5.10) — The oil well on Tract A has been abandoned and capped, the statement needs to be updated since there has been a change from the original FDP. 22. Utilities (10.5.15) — Sanitary sewer and water have been stubbed to the properties, the statement needs to be updated since there has been a change from the original FDP. 23. Service Requirements — Dry utilities were installed with the original FDP, the statement needs to be updated since there has been a change from the original FDP. 24. Circulation Systems -- Road 20 (Bella Rosa Parkway) belongs to the Town of Frederick, not Firestone. The emergency access is already in place. Please update based on the current conditions. 25. Oil Well Setbacks — Please include the approved document number and approval date within the text. 26. Acceptance Block and Notary (10.5.22) — Title Commitments for each owner will need to be provided in order to verity that the Owner of each lot matches the Title Commitments exactly. There are some minor discrepancies with addresses for each lot. 27. Address Map (10.6.49) — Lots 11 and 12 will need addresses, please add addresses to the map sheet. Refer to the redlines for the appropriate addresses. 28. Need to make independent submittals to the Frederick- Firestone Fire Protection District, the St. Vrain Sanitation District and the Little Thompson Water District. 2 The Applicant should return their responses to the comments with their next submittal. We would be happy to meet with the applicant to review these comments with them. 7 EXHIBIT A-1 (continued) P IMP j M �Z 1F. ltr;9 -Ah. .2ak , MO�' COLORADO CIVIL GROUP, INC. fiVh kV Cmuftnts TO: Mr. Bruce Nickerson, Town Manager FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer QD Lindsey Green, Colorado Civil Group, Inc., Town Engineer DATE: January 11, 2018 SUBJECT: Del Rey Subdivision (Area 4) Replat No. 1 PROJECT No.: 0668.0057.01 Memo We have completed our review of the: Del Rey Subdivision (Area 4) Replat No. 1 and Final Development Plan received on November 22, 2017. We offer the following comments: General: 29. It appears comments for the Final Development Plan only were addressed. The Applicant should refer back to the comments from the memo dated April 28, 2016 and address the submittal binder comments and FP comments. Submittal Binder: 30. (Repeat) Vicinity Map (10.3.4 & 12.2.4) —A Vicinity Map was not provided. 31. (Repeat) Title Commitment (10.3.5) — Title commitments for each property owner are required in order to verify the owners of each lot for the FDP acceptance. The title commitments shall be dated no later than one month prior to the recordation date. 32. (Repeat) Title Commitment (12.2.5) — The Title Commitment lists the owners in fee simple as Del Rey Association, a Colorado nonprofit corporation, dated December 17, 2015. An updated Title Commitment is required prior to recording, dated no later than one month prior to the application date. 33. (Repeat) Legal Description (12.2.6) — A copy of the legal description was not provided, however the Final Plat legal description (found on the Map sheet) is composed of an aliquot description and is 8 acceptable. Please amend to the following: "TRACT A AS SHOWN ON THE PLAT OF DEL REY SUBDIVISION (AREA 4) AS RECORDED ON 1/18/99 UNDER RECEPTION NO. 2667494 IN THE RECORDS OF THE WELD COUNTY, COLORADO CLERK AND RECORDER'S OFFICE, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. CONTAINING AN AREA OF 89,294.76 S.F. OR 2.06 ACRES." 34. (Repeat) Tax Certificate (10.3.7 & 12.2.7) — A tax statement showing all of the taxing districts is required. Final Plat: 35. (Repeat) Title Block (12.4.2) - A Minor Subdivision Plat is a process within the Town, not the title of a document, please update the title block to state "Final Plat," as well as changing the Subdivision name to state Replat No. 1. See redlines for corrections. 36. (Repeat) Owner/Developers (12.4.4) — The Title Commitment lists Del Rey Association, A Colorado nonprofit corporation as the owner, please update so the owner information matches the Title Commitment exactly. 37. (Repeat) Legal Description (12.4.6) — Refer Submittal Binder Legal Description Comment 8 and to the redlines for corrections. 38. (Repeat) Lender Consents (12.4.26) — It does not appear that a Lenders Consent block will be required for this project. 39. (Repeat) Sheet 1 (12.4.27 Ownership and Dedication) — The Owner needs to match the Title Commitment. Refer Submittal Binder Legal Description Comment to update the legal description and all references to "Qwest" should be changed to read Century Link". See redlines for additional minor comments. 40. Please show the location of the plugged and abandoned well and label the API number. Add the following note to the Plat and FDP: "No structures, temporary or permanent, shall be constructed over the plugged and abandoned well site on Lot 12." 41. Refer to the Final Plat for any additional redlined comments. Final Development Plan (FDP) Map: 42. Environment Concerns (10.5.10) — Please include the API number: 05-123-08477-00. 43. Oil Well Setbacks — Please include the API number to the map sheet and the summary language. Also add the following note to the Plat and FDP: "No structures, temporary or permanent, shall be constructed over the plugged and abandoned well site on Lot 12." 44. (Repeat) Acceptance Block and Notary (10.5.22) — Title Commitments for each owner will need to be provided in order to verity, that the Owner of each lot matches the Title Commitments exactly. There are some minor discrepancies with addresses for each lot. Z, Misc: 45. Need to make independent submittals to the Frederick- Firestone Fire Protection District and the St. Vrain Sanitation District, 46. SVSD provided a comment stating that repairs will need to be made for the service to Lot 11 before purchase. The Applicant should return their responses to the comments with their next submittal. We would be happy to meet with the applicant to review these comments with them. 10 RESOLUTION NO. 18-15 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR BRAKES PLUS WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan for Brakes Plus; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 proposed final development plan should be approved, subject to certain conditions. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Final Development Plan for Brakes Plus is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ATTEST: Leah Vanarsdall, Town Clerk 31MO1$11:22 MI (kn*l R:1Fi=on6SuM%isioa"mka PWTR m d= is 10 day of March, 2018. Paul Sorensen, Mayor EXHIBIT A Final Development Plan Brakes Plus Conditions of Approval General 1. An updated title commitment showing Brakes Plus, Inc. is the owner and dated no later than one month prior to recording must be submitted with final mylars. 2. Include calculations for all six sub -basins. The FDR states the site's internal storm system will be a 12", but the FDP plans show the same system as 8" PVC. Revise as appropriate to correct this conflict. 4. The backflow preventer is currently being shown above the existing 6" fire line stub. Revise the location and note the backflow preventer may not be installed above the stub. Sheet l 5. Revise the Owner name as necessary to reflect how the name will appear in the title commitment provided at the time of recording final mylars. 6. Provide information in the Water Dedication table as directed by the Town Engineer. 7. Within the Project Concept section, provide information on the land use category for this development. 8. The landscaped areas are not considered Open Space per Town of Firestone Development Regulations. Please rename this reference to "Landscape Area" in the Land Use Table. 9. Prior to recording, include a date certain for the FDP expiration within the Development Schedule paragraph. Sheet 2 10. Show fence location along retaining wall on the north side. Fencing shall be consistent with the fencing type, color, material and height as located on the Murphy Express site to the east. Sheet 5 11. Add a note that no trees will be planted within 10' and no shrubs will be planted within 5' of utility lines. Sheet 10 12. Provide a detail of the proposed street and wall mounted lights. 2 l 3. Show fencing detail along the retaining wall to the north (see condition 14, above). RESOLUTION NO.18-14 A RESOLUTION APPROVING A FINAL PLAT FOR FIRESTONE CITY CENTRE SUBDIVISION FILING NO. 4, FIRST REPLAT WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat for Firestone City Centre Subdivision Filing No. 4, First Replat; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 proposed final 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 1. The Firestone City Centre Subdivision Filing No. 4, First Replat is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 14'' day of March, 2018. F\RES TO .,•' TOWN Paul Sorensen, Mayor ATTEST: o�00 VC'O�NrY ,•� p �T Leah Vanarsdall, Town Clerk 3/nMIS 11:09 M1 [kmk[ kTuq:Uwc%Suhdivisiorts\Foestone City Centre R Ist Rcp1m TB res.doac EXHIBIT A Final Plat Firestone City Centre Subdivision Filing No. 4, First Replat Conditions of Approval 1. Provide an updated title commitment, dated no later than one month prior to the date mylars are submitted for recording. 2. Use Firestone street names in the vicinity map. W RESOLUTION NO. 18-13 A RESOLUTION APPROVING A WATER CREDIT PURCHASE AGREEMENT AMENDMENT NO. I BETWEEN THE TOWN OF FIRESTONE AND I & J PARTNERSHIP, 610 SOUTH MAIN, LLC, AND THE MORADI FAMILY TRUST WHEREAS, I & J Partnership 610 South Main, LLC, and the Moradi Family Trust ("Buyer") previously entered into a Water Credit Purchase Agreement with the Town of Firestone ("Firestone") to purchase 75 water dedication credits, said agreement being effective on February 7, 2018 and approved by the Firestone Board of Trustees by Resolution No. 18-09 ("Agreement"); and WHEREAS, Firestone has determined that additional water credits are available on a first come, first served basis at the fixed unit price of $37,100.00 each; and WHEREAS, Buyer would like to purchase 45 Additional Water Credits from Firestone; and WHEREAS, Firestone and Buyer desires to amend the Agreement to include the purchase of the Additional Water Credits ("Amendment"); and WHEREAS, the Board of Trustees has determined that the proposed Amendment is in the best interests of the Town and desires by this Resolution to approve said Amendment and authorize its execution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Water Credit Purchase Agreement Amendment No. I ("Amendment") between the Town of Firestone and 1 & J Partnership, 610 South Main, LLC, and the Moradi Family Trust (collectively the "Buyer"), providing for Buyer's purchase from Firestone 45 Additional Water Credits to be dedicated to Firestone in fulfillment of the "water rights" and/or "shares" dedication requirement of the Code and the Annexation Agreements dated December 14, 2000, February 16, 2005 September 13 2007 and JanuaEy 23 2013, is hereby approved in essentially the same form as the copy of such Amendment accompanying this Resolution. Section 2. The Mayor and Mayor Pro-Tem, or either of them, is hereby authorized to execute the Amendment, except that each is hereby further granted the authority to negotiate and approve such revisions to said Amendment as are determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Amendment are not altered. Attest: INTRODUCED, READ, and ADOPTED this day of Fe br�ca,rJ 2018. rrpNE .0 Q couN� '-W V Leah Vanarsdall, Town C erk TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor WATER CREDIT PURCHASE AGREEMENT AMENDMENT NO.1 02 V �i3A=ndment No.1 to Water Credit Purchase Agreement ("Amendment"), is made and enterednth day of February, 2018, by and between the Town of Firestone ("Firestone' and 1 & 3 Partnership, a California limited partnershi2,610 South Main LLC a Delaware limited liability company, and the Moradi Family Trust all of whose address is 9301 Wilshire Blvd., Suite 315 Beverly Hills CA 90210 (collectively the "Buyer"); RECITALS WHEREAS, Firestone and Buyer recently entered into a Water Credit Purchase Agreement approved by Resolution No. 18- 09 (the "Agreement"); and WHEREAS, the previous bidding of water dedication credits was undersubscribed, andJW credits remain available for purchase; and WHEREAS, Firestone has agreed to sell to Buyer, and Buyer wishes to purchase from Firestone an additional 45 Water Credits (hereinafter the "Additional Water Credits") to be dedicated to Firestone in fulfillment of the "water rights" and/or "shares" dedication requirement of the Code; and WHEREAS, Firestone and Buyer wish to amend the Agreement to reflect the acquisition of the Additional Water Credits by Buyer. AMENDMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual agreement, and promises set forth herein, the receipt and sufficiency of which are hereby acknowledged by both Parties, the Parties agree as follows: 1. Recitals. The foregoing Recitals are incorporated herein as if fully set forth. 2. Water Credits. The following will be added to Paragraph 2 of the Agreement: "Buyer shall also purchase 45 Additional Water Credits. The Additional Water Credits sold herein shall be Water Credit Nos.10-49 to 360. Each Additional Water Credit is equivalent to one (1) acre-foot of water and shall meet the requirements for water dedicated as more particularly described in the Agreement." 3. Purchase Price. The following will be added to Paragraph 3 of the Agreement: `Buyer also agrees to pay the Unit Price of $37,100.00 per Water Credit for each of the Additional Water Credits purchased. The Purchase Price of $ 1,669,500.00_ for the Additional Water Credits is due and payable on delivery of this signed Amendment No. 1 to Firestone." 4. No other Modifications. Except as modified by the Amendment, the terms of the Agreement remain in full force and effect. Any amendments or additions shall be made in writing and signed by the parties. In the event of any inconsistencies between the terms and provision of this Amendment and those set for the in the Agreement, the terms of this Amendment shall control. Capitalized terms not otherwise defined in this Amendment shall have the same definition as set forth in the Agreement. IN WITNESS WBEREOF, the Parties hereto have executed this Agreement on the date and year first above written O FIRESTONE I & J Partnership,a C fER:. oa4im4't edMrtnership • *Byg;;F' Paul Sorensen Print: ISAAC MORADI Print: Mayor Title: GENERAL PARTNER Title: (BAR: 610 South Main LLCi�Y +R: Moradi Family Trust ISAAC MORADI Print: ISAAC MORADI Print: MANAGER Title: TRUSTEE Title- 2 RESOLUTION NO. 18-12 A RESOLUTION APPROVING A WATER CREDIT PURCHASE AGREEMENT AMENDMENT NO. I BETWEEN THE TOWN OF FIRESTONE AND STERLING CORPORATION WHEREAS, Sterling Corporation ("Buyer") previously entered into a Water Credit Purchase Agreement with the Town of Firestone ("Firestone") to purchase 30 water dedication credits, said agreement being effective on February 7, 2018 and approved by the Firestone Board of Trustees by Resolution No. 18-10 ("Agreement"); and WHEREAS, Firestone has determined that additional water credits are available on a first come, first served basis at the fixed unit price of $37,100.00 each; and WHEREAS, Buyer would like to purchase 19 Additional Water Credits from Firestone; and WHEREAS, Firestone and Buyer desires to amend the Agreement to include the purchase of the Additional Water Credits ("Amendment"); and WHEREAS, the Board of Trustees has determined that the proposed Amendment is in the best interests of the Town and desires by this Resolution to approve said Amendment and authorize its execution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Water Credit Purchase Agreement Amendment No. 1 ("Amendment") between the Town of Firestone and Sterling Corporation ("Buyer"), providing for Buyer's purchase from Firestone 19 Additional Water Credits to be dedicated to Firestone in fulfillment of the "water rights" and/or "shares" dedication requirement of the Code and the Annexation Agreement dated June 7, 1978, is hereby approved in essentially the same form as the copy of such Amendment accompanying this Resolution. Section 2. The Mayor and Mayor Pro-Tem, or either of them, is hereby authorized to execute the Amendment, except that each is hereby further granted the authority to negotiate and approve such revisions to said Amendment as are determined 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 ay of ► ttrlr-&rd , 2018. TOWN OF FIRESTONE, COLORADO gTOIVF TOWN aul Sorensen, Mayor Attest: SEA o m� Q 0 rah 4cj\, Va htuaa c0U TIY. Leah Vanarsdall, Town Clerk WATER CREDIT PURCHASE AGREEMENT AMENDMENT NO. 1 This Amendment No. Ito Water Credit Purchase Agreement ("Amendment"), is made and entered into this . day of 2018, by and between the Town of Firestone ("Firestone") and Cell-4 Car-pwhose address is S. c_ At RECITALS (the "Buyer"); WHEREAS, Firestone and Buyer recently entered into a Water Credit Purchase Agreement approved by Resolution No. 18-jo (the "Agreement"); and (04 WHEREAS, the previous bidding of water dedication credits was undersubscribed, anti,ftZ' credits remain available for purchase; and WHEREAS, Firest ne has agreed to sell to Buyer, and Buyer wishes to purchase from Firestone an additional M Water Credits (hereinafter the "Additional Water Credits") to be dedicated to Firestone in fulfillment of the "water rights" and/or "shares" dedication requirement of the Code; and WHEREAS, Firestone and Buyer wish to amend the Agreement to reflect the acquisition of the Additional Water Credits by Buyer. AMENDMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual agreement, and promises set forth herein, the receipt and sufficiency of which are hereby acknowledged by both Parties, the Parties agree as follows: I, Recitals. The foregoing Recitals are incorporated herein as if fully set forth, 2. Water Credits. The following will be added to Paragraph 2 of the Agreement: "Buyer shall also purchase= Additional Water Credits. The Additional Water Credits sold herein shall be Water Credit Nos.d� to& Each Additional Water Credit is equivalent to one (1) acre-foot ofwater and shall meet the requirements for water dedicated as more particularly described in the Agreement" 3. Purchase Price. The following will be added to Paragraph 3 of the Agreement: "Buyer also agrees to pay the Unit Price of $37,100.00 per ater Credit for each of the Additional Water Credits purchased. The Purchase Price of $ 04,1100 , 00 for the Additional Water Credits is due and payable on delivery of this signed Amendment No. 1 to Firestone." 4. No other Modifications. Except as modified by the Amendment, the terms of the Agreement remain in full force and effect. Any amendments or additions shall be made in writing and signed by the parties. In the event of any inconsistencies between the terms and provision of this Amendment and those set for the in the Agreement, the terms of this Amendment shalt control. Capitalized terms not otherwise defined in this Amendment shall have the same definition as set forth in the Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written 7 By: Print: Title: BUYER: By: Print: Title: BUYER: S4-er11`?r rac B� 0 � O � Print: Title: BUYER: 2 By: Print: Title; i RESOLUTION NO. 18- 11 A RESOLUTION AMENDING THE 2017 BUDGET BY INCREASING APPROPRIATIONS IN CERTAIN FUNDS. WHEREAS, the Board of Trustees of the Town of Firestone on December 14, 2016 adopted a budget for the 2017 calendar year per Resolution 16-36, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town elected to consolidate certain funds and re -work its 2017 budget; and WHEREAS, based on the foregoing, a need exists to appropriate additional sums of money in certain funds; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to the 2017 budget authorized by this Resolution; and WHEREAS, the amended 2017 budget, as revised by this Resolution, remain in balance as required by law. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The 2017 Town Budget is amended as follows: Original Adopted Fund Budget General Fund $10,080,173 Sales Tax Capital Improvement Fund 1% $ 1,515,218 Water Fund $ 6,747,428 Conservation Trust Fund $ 90,000 Open Space Fund $ - Capital Improvement Fund $ 3,535,224 Amended Budget $12,254,052 $ 2,381,228 $ 8,390,000 $ 201,235 $ 186,192 $ 5,776,858 INTRODUCED, READ AND ADOPTED this 28Eh day of February, 2018. N F F RESTONE Paul Sorensen Urya ATTEST: 4-'C`o \ cc Leah Vanarsdall o° Town Clerk �o c c, ou;d RESOLUTION NO. 18-10 A RESOLUTION APPROVING A WATER CREDIT PURCHASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND STERLING CORPORATION WHEREAS, Sterling Corporation ("Buyer") is successor to an Annexation Agreement dated June 7, 1978 ("Annexation Agreement"), under which its predecessor agreed to dedicate water shares to the Town of Firestone ("Firestone"); and WHEREAS, under the Annexation Agreement, Buyer must fulfill its dedication requirement by deeding Big Thompson water shares, unless by express resolution the Town agrees to accept other shares in lieu thereof; and WHEREAS, Firestone has entered into a lease with the City of Loveland which entitles Firestone to receive up to 300 acre-feet from the Windy Gap Project, which can be delivered to Firestone as a treated potable water supply; and WHEREAS, Firestone has made these water supplies available to bidders pursuant to the Firestone Municipal Water Credit Bidding Rules and Procedures ("Bidding Rules and Procedures") as "Water Credits," which may be applied to fulfill a dedication of "water rights" and/or "shares" requirement as outlined in the Firestone Municipal Code; and WHEREAS, Buyer executed and returned to Firestone an Acknowledgement of Credit Bidding Rules & Procedures, by which it agreed to be bound by the Bidding Rules and Procedures; and WHEREAS, Buyer placed a successful bid and was awarded the right to purchase thirty (30) Water Credits from Firestone; and WHEREAS, Firestone desires to accept the thirty (30) Water Credits in lieu of the Big Thompson water shares required, which will provide thirty (30) Water Credits towards fulfillment of Buyer's dedication requirements under the Annexation Agreement, as is authorized under said Annexation Agreement; and WHEREAS, pursuant to the Bidding Rules and Procedures, there has been proposed a Water Credit Purchase Agreement ("Purchase Agreement") between the Buyer and Firestone, providing for Buyer's purchase from Firestone thirty (30) Water Credits to be dedicated to Firestone and applied to fulfillment of "water rights" and/or "shares" dedication requirements under the Annexation Agreement, to the extent of such thirty (30) Water Credits; and WHEREAS, the Board of Trustees has determined that the proposed Purchase Agreement is in the best interests of the Town and desires by this Resolution to approve said Purchase Agreement and authorize its execution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. As successor to the Annexation Agreement dated June 7, 1978, Sterling Corporation ("Buyer") is hereby authorized to fulfill its water shares dedication requirement by purchasing from and dedicating to the Town thirty (30) Water Credits from Windy Gap Project in accordance with the terms of the proposed Water Credit Purchase Agreement between the Town of Firestone and Sterling Corporation. This authorization is limited to water dedication requirements served by thirty (30) Water Credits, and Buyer and its successors shall remain obligated for dedication of water shares for any additional demand. Section 2. The proposed Water Credit Purchase Agreement ("Agreement") between the Town of Firestone and Sterling Corporation providing for Buyer's purchase from Firestone thirty (30) Water Credits, is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. Section 3. The Mayor or Mayor Pro Tem is hereby authorized to execute the Agreement, except that each is hereby further granted the authority to negotiate and approve such revisions to said Agreement as are determined 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 tv-k , 2018. Attest: Zto,k 0d Ka, 10A Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO 716 �yt�`0 Paul Sorensen, Mayor RESOLUTION NO. 18-09 A RESOLUTION APPROVING A WATER CREDIT PURCHASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND I & J PARTNERSHIP, 610 SOUTH MAIN, LLC, AND THE MORADI FAMILY TRUST WHEREAS, the Firestone Municipal Code ("Code") requires land developers to agree to dedicate a certain amount of "water rights" and/or "shares" before annexing new land into Firestone; and WHEREAS, pursuant to the Code, a land developer must actually dedicate "water rights" and/or "shares" in payment of water connection charges and before recording a plat or final subdivision and/or final development and/or before receiving a building permit or water connection to the Town water system; and WHEREAS, I & J Partnership, 610 South Main, LLC, and the Moradi Family Trust ("Buyer") is a "subdivider" as that term is defined irk Section 16.04.020 of the Code who has agreed to dedicate "water rights" and/or "shares" to Firestone pursuant to an Annexation Agreements dated December 14, 2000, February 16, 2005, September 13, 2007, and January 23, 2013 ("Annexation Agreement"), and who must actually dedicate those "water rights" and/or "shares" prior to the first of recording of a final plat, final subdivision or final development plan or receiving a building permit; and WHEREAS, Firestone has entered into a lease with the City of Loveland which entitles Firestone to receive up to 300 acre-feet from the Windy Gap Project, which can be delivered to Firestone as a treated potable water supply; and WHEREAS, Firestone has made these water supplies available to bidders pursuant to the Firestone Municipal Water Credit Bidding Rules and Procedures ("Bidding Rules and Procedures") as "Water Credits," which may be applied to fulfill a dedication of "water rights" and/or "shares" requirement as outlined in the Code; and WHEREAS, Buyer placed a successful bid and was awarded the right to purchase 75 Water Credits from Firestone; and WHEREAS, Firestone desires to accept the Water Credits to fulfill a dedication of "water rights" and/or "shares" requirement as outlined in the Code; and WHEREAS, pursuant to the Bidding Rules and Procedures, there has been proposed a Water Credit Purchase Agreement ("Agreement") between the Buyer and the Town of Firestone, providing for Buyer's purchase from Firestone 75 Water Credits to be dedicated to Firestone in fulfillment of the "water rights" and/or "shares" dedication requirement of the Code and the Annexation Agreement; and WHEREAS, the Board of Trustees has determined that the proposed Agreement is in the best interests of the Town and desires by this Resolution to approve said 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 Water Credit Purchase Agreement ("Agreement") between the Town of Firestone and I & J Partnership, 610 South Main, LLC, and the Moradi Family Trust ("Buyer"), providing for Buyer's purchase from Firestone 75 Water Credits to be dedicated to Firestone in*fulfillment of the "water rights" and/or "shares" dedication requirement of the Code and the Annexation Agreement dated December 14, 2000, February 16, 2005, September 13, 2007, and January 23, 2013, is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. Section 2. The Mayor and Mayor Pro Tem, or either of them, is hereby authorized to execute the Agreement, except that each is hereby further granted the authority to negotiate and approve such revisions to said Agreement as are determined 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 of , 2018. TOWN OF FIRESTONE, COLORADO ONE o N )i C� Mpn I Ix Paul Sorensen, Mayor Attest:. r '' Lk ta Leah Vanarsdall, Town Clerk RESOLUTION NO. 18-08 A RESOLUTION APPROVING A WATER CREDIT PURCHASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND MORTGAGE CONSULTANTS, LLC WHEREAS, the Firestone Municipal Code ("Code") requires land developers to agree to dedicate a certain amount of "water rights" and/or "shares" before annexing new land into Firestone; and WHEREAS, pursuant to the Code, a land developer must actually dedicate "water rights" and/or "shares" in payment of water connection charges and before recording a plat or final subdivision and/or final development and/or before receiving a building permit or water connection to the Town water system; and WHEREAS, Mortgage Consultants, LLC ("Buyer") is a "subdivider" as that term is defined in Section 16.04.020 of the Code who has agreed to dedicate "water rights" and/or "shares" to Firestone pursuant to an Annexation Agreement dated January 16, 1999 ("Annexation Agreement"), and who must actually dedicate those "water rights" and/or "shares" prior to the first of recording of a final plat, final subdivision or final development plan or receiving a building permit; and WHEREAS, Firestone has entered into a lease with the City of Loveland which entitles Firestone to receive up to 300 acre-feet from the Windy Gap Project, which can be delivered to Firestone as a treated potable water supply; and WHEREAS, Firestone has made these water supplies available to bidders pursuant to the Firestone Municipal Water Credit Bidding Rules and Procedures ("Bidding Rules and Procedures") as "Water Credits," which may be applied to fulfill a dedication of "water rights" and/or "shares" requirement as outlined in the Code; and WHEREAS, Buyer placed a successful bid and was awarded the right to purchase 131 Water Credits from Firestone; and WHEREAS, Firestone desires to accept the Water Credits to fulfill a dedication of "water rights" and/or "shares" requirement as outlined in the Code; and WHEREAS, pursuant to the Bidding Rules and Procedures, there has been proposed a Water Credit Purchase Agreement ("Agreement") between the Buyer and the Town of Firestone, providing for Buyer's purchase from Firestone 131 Water Credits to be dedicated to Firestone in fulfillment of the "water rights" and/or "shares" dedication requirement of the Code and the Annexation Agreement; and WHEREAS, the Board of Trustees has determined that the proposed Agreement is in the best interests of the Town and desires by this Resolution to approve said 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 Water Credit Purchase Agreement ("Agreement") between the Town of Firestone and Mortgage Consultants, LLC ("Buyer"), providing for Buyer's purchase from Firestone 131 Water Credits to be dedicated to Firestone in fulfillment of the "water rights" and/or "shares" dedication requirement of the Code and the Annexation Agreement dated January 16, 1999, is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. Section 2. The Mayor and Mayor Pro Tern, or either of them, is hereby authorized to execute the Agreement, except that each is hereby further granted the authority to negotiate and approve such revisions to said Agreement as are determined 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 r�e , 2018. Attest: v Leah Vanarsdall, Town Clerk O_NF TOWN OF FIRESTONE, COLORADO O Q )p Paul Sorensen, Mayor Sw U'� N�GO PROS AND CONS OF BALLOT QUESTION 1 Pros (Arguments in Favor of Ballot Question 1) • A voter -approved exemption from SB-152 would: o Restore the telecommunications and cable autonomy that the Town had prior to S13-152's passage in 2005. o Permit the Town to provide Internet service in Town -owned facilities (if it so chooses). o Permit the Town to explore options to serve the broadband needs of residents, including pursuit of business partnerships with private companies to increase the community's access to broadband Internet. o Potentially result in the increase of Internet connection speeds, depending on how the Town chooses to use the voter -approved authority. Cons (Arguments Against Ballot Question 1) • Adding a measure to the ballot to exempt the Town from S13-152 involves costs and staff time that the Town is responsible for paying. • The Town has no current plans to create a public broadband utility, and this ballot measure may create public expectations for the Town to develop municipal broadband service. • Voter approval does not guarantee that the Town will establish business partnerships with private companies to increase the community's access to broadband Internet, and may not result in Internet service improvement. • The private sector already provides broadband services. FACTUAL SUMMARY And Pros and Cons of Ballot Question 1 Town of Firestone 151 Grant Avenue, P.O. Box 100, Firestone, CO 80520. Ph. 303-833-3291 www.firestoneco.gov BALLOT QUESTION 1 SHALL THE TOWN OF FIRESTONE, WITHOUT INCREASING TAXES BY THIS MEASURE, BE AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICES), TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES, INCLUDING BUT NOT LIMITED TO ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICE(S) BASED ON FUTURE TECHNOLOGIES, TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY COLORADO REVISED STATUTES §§ 29-27-101 TO 304, "COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES"? ABOUT THE BALLOT QUESTION Ballot Question 1 will be on the Firestone ballot for the regular municipal election to be held on April 3, 2018. If passed, Ballot Question 1 would remove the Town from restrictions in Colorado Senate Bill 05-152 ("SB-152"), which limits the ability of Colorado municipalities to engage or offer to engage in providing the following services: • Internet service in Town -owned facilities or in areas of the community; • Internet service throughout the entire community, by leveraging government infrastructure and partnering with private business; and • Direct provision of broadband services by municipal government. Approval of the ballot question would not prevent any private business, including existing broadband providers, from initiating or continuing to provide these services. 68 Colorado municipalities have received approval from voters for similar ballot measures. SB-152 requires that a local government hold an election before it may engage or offer to engage in providing broadband services. If approved, Ballot Question 1 would permit Firestone to explore options to serve the broadband needs of residents, including the pursuit of business partnerships with private companies. The Town currently has no plans to create a public broadband utility. RESOLUTION NO. 18-07 A RESOLUTION IN SUPPORT OF BALLOT QUESTION I APPEARING ON THE APRIL 3, 2018 BALLOT, AFFIRMING THE TOWN'S RIGHT TO PROVIDE CABLE TELEVISION SERVICE, TELECOMMUNICATIONS SERVICES, AND/OR HIGH-SPEED INTERNET SERVICE WHEREAS, state law limits the ability of Colorado municipalities to provide broadband services; and WHEREAS, state law permits Colorado municipalities to engage or offer to engage in providing, directly or indirectly with public or private sector partners, cable television service, telecommunications service, and/or high- speed internet service if approved in an election by the majority of those voting on the ballot; and WHEREAS, the Board of Trustees has referred to the voters at the April 3, 2018 regular municipal election Ballot Question I concerning the Town's authority to provide such services; and WHEREAS, if the voters approve Ballot Question 1, the Town would be permitted to explore a variety of options to serve the broadband needs of residents, including pursuit of business partnerships with private companies to increase the community's access to broadband services; and WHEREAS, the Firestone community will have the opportunity to express its preference regarding the restoration of the Town's right to provide broadband services when considering Ballot Question l; and WHEREAS, the Board of Trustees desires to express its support for Ballot Question 1; 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 hereby expresses its support of the 2018 ballot measure affirming the Town's right to provide cable television service, telecommunications service, and/or high- speed internet service and urges the Firestone voters to vote "yes" on Ballot Question I at the April 3, 2018 election. PASSED AND ADOPTED BY A VOTE OF 6 TO 0 THIS 7T" DAY OF FEBRUARY, 2018. ATTEST: 2414ANJele v Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO NE D Q Paul Sorensen, Mayor ; o � �B RESOLUTION NO. 1"6 A RESOLUTION AMENDING THE PURCHASING POLICY FOR THE TOWN OF FIRESTONE TO ADD POLICIES AND PROCEDURES FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, the Town of Firestone has previously adopted a Purchasing Policy for the Town; and WHEREAS, the Board of Trustees finds that such policy should be amended to add policies and procedures for the disposal of surplus property owned by the Town; and WHEREAS, the Board of Trustees finds that the adoption of policies and procedures for the disposal of surplus property will promote and support the efficient and effective use of Town resources and promote the best interests of the Town; and WHEREAS, there has been presented to the Board of Trustees for adoption such amendments to the purchasing policy; and WHEREAS, the Board of Trustees finds that the proposed amendments to the purchasing policy are solely in support of the Town's fiscal responsibilities, and solely for the benefit of the Town of Firestone, and confers no rights, duties or entitlements to any bidders or proposers; and WHEREAS, the Board of Trustees by this Resolution desires to adopt said amendments to the purchasing policy. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves and adopts the amendments to the Town of Firestone Purchasing Policy attached to this Resolution. Section 2. The amendments to the Purchasing Policy approved and adopted by this Resolution shall take effect January 24, 2018. INTRODUCED, ADOPTED AND RESOLVED THIS d0l' DAY OF 2018. ATTEST: TOW ' `0 TOWN SEAL. � $ c�0a� �UNTY..G� TOWN OF FIRESTONE, COLORADO Sorensen, Mayor �REsroN TOWN SEA o _c, J4�� Leah Vanarsdall, Town Clerk Proposed Amendment to Town of Firestone Purchasing Policy Disposal of Surplus Property The purpose of this section is to set forth the policy and procedures regarding the disposal of Town assets. These provisions are to ensure assets to be disposed of are made available to the public on an equitable basis, to realize the maximum return on investment when disposing of assets, and to ensure that assets are removed timely and accurately from the Town's accounting books and records. Police: 1) The Director of Community Resources or designee shall be responsible for the disposal of all Surplus Property with input from the Town Manager or designee; 2) All Surplus Property shall be disposed of in one of the following manners: a) Transferred to another department; b) Sold to the highest bidder at public auction or via other public solicitation of bids, after providing notice of the time and place of the public sale on the Town of Firestone's official website; c) Trade-in on the same or similar item; d) Recycled; e) Junked or scrapped and properly disposed of in a responsible manner. 3) Surplus Property may not be given to an elected official or employee of the Town even if the Town is disposing of it. 4) The disposal of evidence and seized items is handled by the Police Department under separate rules and regulations. The disposal of Town records is handled by the Town Clerk under separate records retention rules and regulations. 5) The Town's Asset Management Department shall review assets on an annual basis, to determine if any are surplus or obsolete, based on the following criteria: a) Age and functionality; b) Mileage (vehicles); c) Maintenance history; d) Applicability to current Town operations; e) Obsolescence; f) Availability of parts; g) Availability of support (intangible assets such as software). Procedure: 1) The Asset Management Department shall inventory and track each asset purchased by the Town, and shall consult with the applicable Department to determine each asset's useful life. The Accounting Department and Asset Management Department will work together to determine the proper depreciation for the asset. 2) Once an asset is within two years of its determined useful life, the Asset Management Department shall consult with the applicable department and the Accounting Department to determine the method of disposal that supports the Town's best interests. 3) The Asset Management Department shall work with the applicable department to complete a Surplus Request Form for the disposal of Surplus Property. 4) The Asset Management Department and the Director of Community Resources shall review and approve or deny assets identified for disposal on a Surplus Request Form, and shall determine the method of disposal that realizes the best available net value and is conducted in a manner open and accountable to the public. The best applicable net value is determined by making an estimate of the reasonable market value of the asset in an "as is" condition (e.g., for a vehicle, the Kelley Blue Book value). The Asset Management Department shall indicate the selected manner of disposal and best available net value of the asset on the Surplus Request Form. 5) The Town Manager or designee shall be made aware of the assets that have been identified for disposal and the selected manner of disposal. 6) The Asset Management Department shall ensure items of Surplus Property that have been disposed of in accordance with this Policy are timely and accurately removed from the Town's accounting books and records. 7) Proceeds received from disposed assets, if any, shall be deposited in the General Fund, except that if the assets were purchased with monies from the Town's Water or Stormwater Funds, proceeds shall be deposited in the corresponding fund. PURCHASING POLICY Use of Policy This policy and the award of bid and other provisions herein are promulgated solely in support of the proper exercise of the Town's fiscal responsibilities, including administration of annually appropriated funds, and solely for the benefit of the Town of Firestone, and confer no rights, duties or entitlements to any bidders or proposers. Purchasing Levels Amount Re uired Procedures Pe Cash & Small Non -Bid Purchases Less than $50.00 Complete a "Petty Cash" request form. Petty cash requests require approval from the Department Head. Receipts and excess petty cash must be returned to the Finance Department within three business days of purchase. $50.00 to $4,999.99 Purchases within these amounts must be approved in advance by the Department Head and require the vendor invoice and receiving document when the items are received. Informal Bidding $5,000.00 to $24,999.99 Purchases within these amounts must be approved in advance by the Department Head or Town Manager. Three quotations, by phone, internet or other source, shall be obtained and documented for the file. $25,000.00 to $49,999.99 Purchases within these amounts must be approved in advance by the Department Head and Town Manager. Written quotations are required from a minimum of 3 vendors, and such quotations shall be documented for the file. Formal Bidding $50,000.00 and above Purchases of $50,000 and above must be approved in advance by the Board of Trustees. Written quotations are required from a minimum of 3 vendors and the . procurement must follow applicable provisions of the "Formal Bidding Requirements." The Board of Trustees may reduce the number of required quotations and waive otherwise applicable formal bidding requirements if the Board of Trustees determines that it is not practical or advantageous to the interests of the Town. Additional Considerations - Note: • A contract shall be used for construction or labor and materials procurements, and a professional services contract shall be used for procurements of professional or consulting services. See Town Cleric's office for Town forms. • In addition to the above, any proposed purchase in the following categories shall require Board of Trustees approval: • Any professional or consulting services contract over $20,000, either in original contract amount or anticipated aggregate expenditures for the fiscal year; • Any proposed purchase related to a project or program that, at the time of the proposed purchase, is over budget by $5,000 or 5% of the approved cost of the project or program, whichever is greater. • The Board of Trustees or Town Manager may direct the use of a higher level bidding process on the purchase of any product or service without consideration of dollar amount. • In addition to the appropriate approvals, all purchases shall be supported by appropriated funds within the program area. Purchasing A petty cash request, check request or vendor invoice serves to inform the Finance Department of the needs of the departments, correctly identifies a material or service requested for the department's operations, and identifies the expenditure account number to which the purchase is to be charged. Petty Cash: The petty cash fund shall be used to pay for small obligations which do not exceed $50.00. Petty cash requests will be granted under the following circumstances: An employee is requesting a cash advance for expenditures relating to Town business (sales receipt and any excess petty cash must be returned to the Finance Department within three business days). • An employee is requesting a reimbursement for expenditures relating to Town business (receipts must be attached to the requisition). It is the responsibility of the employee using the petty cash fund to obtain and use the Town's tax-exempt identification number. Tax paid will not be reimbursed or otherwise covered by the Town. Bidding Bidding procedures are used to provide vendors the opportunity to bid, to elicit greater vendor response, to meet competitive bid requirements when imposed by state or federal law, and to promote competitive prices from vendors for the purchase of capital equipment and other items of significant monetary value. The Board of Trustees or Town Manager may direct the use of a higher level bidding process on the purchase of any product or service regardless of the amount to be spent. As used herein, ubid" and "bidding" shall include requests for bids, requests for proposals, or requests for qualifications. The responsible Department Head, in consultation with the Town Manager or designee, shall determine when bidding procedures shall utilize a request for bids, request for proposals or request for qualifications, as appropriate. All purchases of goods or acquisition of services of $50,000 and over and all purchases of cars, trucks, and heavy equipment shall require formal bidding procedures unless otherwise required by statute or the Firestone Municipal Code. All purchases of any water rights or any interest in land require approval by the Board of Trustees. Contracts for the purchase of property, liability and other insurance coverage, and contracts for the purchase or administration of employee health, welfare or insurance benefits shall be subject to formal bidding no less frequently than once every four years; however, the foregoing shall not limit the authority of the Board of Trustees or Town Manager to direct the use of formal bidding for any renewal. 3 Types of Bids Informal Bids All purchases within the financial parameters of $5,000.00 to $49,999.99 shall require informal bidding procedures. • For purchases between $5,000.00 and $24,999.99, the requesting department shall obtain and document a minimum of three (3) verbal quotations, and such quotations shall be documented for the file. • For purchases between $25,000.00 and $50,000.00, the requesting department shall obtain and document a minimum of three (3) written quotations. Steps to complete an informal bid: (unless otherwise stated, responsibility falls on requesting department): 1) Develop specifications. Upon finalization of the specifications, prepare any documents required by the informal bid. 2) Disseminate specifications to identified vendors, including dissemination by e- mail, mail or other method as appropriate. 3) Evaluate the bid results and determine which bid serves the Town's best interests. 4) Prepare a Purchase Requisition and obtain required approval for the level of purchasing. Formal Bids For purchases of $50,000.00 or more, the requesting department shall follow and document the formal bid procedures outlined below, as applicable to the particular procurement. In presenting a formal bid procurement to the Board of Trustees, the requesting department shall obtain and document a minimum of three (3) written bids. The Board of Trustees may reduce the number of required quotations and waive otherwise applicable formal bidding requirements if it is determined that it is not practical or advantageous to the interests of the Town. Requests for formal bids shall be distributed to qualified/identified vendors in the manner determined by the requesting department. In the discretion of the requesting department, or if directed by the Town Manager or Board of Trustees, requests for formal bids may be posted to the Town website and may be published in a newspaper of general circulation in the Town, in other publications of limited circulation, or in trade journals, but such publication is not required by the Policy. If publication of a request for formal bids is required for a particular procurement by federal or state law or by a funding agency, the requesting department shall prepare and arrange for publication of the required notice. Notices, general instructions, conditions, and specifications shall be mailed, posted to the Town website or otherwise made available to qualified/identified vendors. All requests for formal bids shall be reviewed and approved by the Town Manager or designee prior to distribution. 4 Steps to complete_a formal bid: (unless otherwise stated, responsibility falls on requesting department) 1) Develop specifications. Upon finalization of the specifications, determine any special requirements, such as bid, performance, and payment bonds; insurance; retainage; and any special requirements the requesting department may need. See bonding and insurance requirements listed below. 2) Prepare bid documents. Prepare all documents required for the request for formal bid. Bid documents shall contain the following information, as applicable to the particular procurement*: • Where the bidder can obtain bid documents; • Any costs of bid documents; • Bid submittal deadline; • Date, time and location of bid openings; • Any bond and/or insurance requirements; • Any special requirements; • A statement to the effect that the Town reserves the right to reject any and all bids, and to accept the bid deemed to be the lowest reliable and responsible bid, which serves the Town's best interests; • A statement to the effect that all bids submitted become public information upon bid opening; • General conditions; • Minimum specifications; • Bid proposal form; • Delivery date or completion date; • Period of bid validity; and • A statement to the effect that the bidder must submit with its bid a copy of its current contractorlbusiness license(s) issued by the Town of Firestone, or obtain same prior to any award if bidder is the successful bidder. "(For example: a request for bids for a vehicle purchase typically would not include bond or insurance requirements. A request for proposals for consulting services would typically not include bond requirements or a formal bid opening. ) 3) Determine bond, insurance, contract requirements. If any bonds, insurance, or contracts are required, prepare contract form and confer with risk management staff and/or Town Attorney as needed to confirm requirements. See bonding and insurance requirements listed below. 4) Distribute requests for bids. Make available a complete set of bid documents to all qualified/identified vendors or request vendors to pick up bid documents. 5) Open bids. Conduct the public bid opening per the identified bid opening date. Any bids received after the specked time will be returned to the bidder unopened. All bids/quotes/proposals should be retained for the minimum period required by the Town's records retention schedule (generally three years after contract is awarded). 6) Evaluate bids. Evaluate the bid results and determine which bid serves the Town's best interests. If the recommended vendor has not submitted the low bid, the department must demonstrate how the higher bid serves the best interests of the Town. 5 7) Prepare Board report. Prepare report to Board of Trustees for its review and action on the proposed procurement. 8) Complete draft documents for Board packet. Submit to Department Head complete set of documents for Town Board meeting packet. Obtain Town Attorney's approval on any proposed changes to Town bond, insurance, or contract forms prior to the Board of Trustees meeting. 9) Notify vendor. Upon Board of Trustees' award of bid, notify successful bidder and notify other bidders of the results as requested. 10) Finalize documents. Obtain signatures on all contracts and any additional required documents from vendor. One original signed contract with all exhibits must be submitted to the Town Clerk for central filing. Bondinq Requirements: Bonds shall be executed on forms prescribed or approved by the Town Manager based on review by the Town Attorney as to form and State of Colorado law. Normally, bonds are used only on labor and materials procurement actions, such as projects for completion of public works or public buildings. Bonds generally are not required for purchases of vehicles, equipment, or standard commercial goods and services, particularly when the goods are not altered or customized to unique Town specifications, but may be required if deemed by the procuring department to be in the interests of the Town. Examples of bonds are: Bid Bonds: This bond is intended to protect the Town against a bidder's failure to honor its bid. The bid bond requirement may be satisfied by receipt of a certified bank check or a bid bond. The bid security is submitted as guarantee that the bid will be maintained in full force and effect for a period of thirty (30) calendar days after the opening of bids or as specified in the solicitation documents. If the bidder fails to provide the bid security with the bid when requirement by the bid documents, the bid shall be deemed non -responsive. The bid bond should be in an amount equal to at least 10% of the vendor's bid price. • Performance Bonds: This bond is intended to secure performance of the vendor's performance of its obligations. A performance bond, satisfactory to the Town, may be required for all capital projects contracts awarded in excess of $50,000. Unless the Town is legally required to accept a bond in lesser amount, the performance bond shall be in amount equal to one hundred percent (100%) of the price specified in the contract. Payment Bonds: This bond is intended to secure payment of subcontractors and suppliers. A payment bond for the protection of all persons supplying labor and material to the contractor or its subcontractors may be required for all capital projects contracts awarded in excess of $50,000. Unless the Town is legally required to accept a bond in lesser amount, the payment bond shall be in an amount equal to at least one hundred percent (100%) of the price specified in the contract. Insurance Requirements: Contracts for labor, materials and services entered into by the Town will require the selected contractor to cant' the types and minimum amounts of insurance coverage as required by the Town. The contracts shall also contain other provisions regarding insurance as the Town shall require. The following are the types and minimum amounts of insurance that should be required: L a. Workers' Compensation in statutory limits (if applicable). b. Employer's Liability Insurance: $100,000/ each accident, $500,0001 disease - policy limit, and $100,000/ disease - each employee. c. Comprehensive General Liability Insurance: $1,000,000/Occurrence d. Automobile Liability or Hired & Non -Owned Vehicle Liability Insurance: $1,000,000/each accident (if applicable). e. Professional Liability Insurance: $1,000,000/Occurrence (if applicable). Certain types of insurance may not be applicable to a particular contract. For example, professional liability insurance would not be applicable to a labor and materials contract (such as installation of playground equipment). Whether a particular type of insurance is applicable, or whether amounts of coverage should be changed, shall be determined by the Department Head, in consultation with risk management staff and/or the Town Attorney. Depending on the type of contract or services to be provided, higher insurance coverages may be required. Bid documents should state the Town's anticipated insurance and bond requirements for the contract to be awarded. Bidders should be advised that the successful bidder shall be required to meet the Town's insurance and bonding requirements and provide certificates of insurance with the Town named as additional insured on required liability insurance coverages, and that the contractor shall not commence work until it has obtained all insurance required by the contract documents and such insurance has been approved by Town. Bidders List: A bidder's list may be establish and maintained by individual Departments in an effort to promote competitive bidding from qualified vendors and to establish a source of suppliers. Additional bidder pre -qualification may also be utilized for specific procurements. Evaluation of Bids: In addition to the bid amount, additional factors will be considered as an integral part of the bid evaluation process, including, but not limited to: • The bidder's ability, capacity and skill to perform within the specified time limits; • The bidder's experience, reputation, efficiency, judgment, and integrity; • The quality, availability, and adaptability of the supplies or materials bid; • Bidder's past performance; • Sufficiency of bidder's financial resources to fulfill the contract; • Bidder's ability to provide future maintenance and/or service; • Other applicable factors as the Town determines necessary or appropriate (such as compatibility with existing facilities, equipment or hardware); and • If a bid other than the lowest bid is recommended, the requesting department must demonstrate how the higher bid serves the best interests of the Town. Contracts for Engineering Design and Construction Management Services The following bidding requirements shall apply to engineering design and construction management services for capital improvement projects: • Under $30,000: Engineering design and construction management services under $30,000 may be approved by the Department Head and Town Manager as non -bid procurements. No bids are required. • _Between $30,000 and $60,000: For engineering design and construction management services between $30,000 and $60,000, informal bidding procedures shall apply, except that all purchases for engineering design and construction management services over $50,000 must be approved by the Board of Trustees. • $60,000 and above: For engineering design and construction management services $60,000 and above, formal bidding procedures shall apply. In addition to the appropriate approvals, all purchases shall be supported by appropriated funds for the specific capital improvement project. State Bids State Bids are quotations or bids solicited by the through the State of Colorado (Bid Information and Distribution System). Use of State Bids is permitted for any equipment or vehicle purchases on items priced from $20,000 to $150,000. Use of State Bids must be in accordance with applicable procedures and only current State Bids may be used. Use of State Bids would override the formal bidding process and procedures fisted above, except in situations where use of competitive bidding is required in conjunction or as a condition of receipt of federal or state funding for the project. The determination of whether to use State Bids shall be made by the Department Head. Cooperative Purchasing -- National Joint Powers Alliance C.R.S. § 24-110-201 gives the Town the authority to participate in cooperative procurement endeavors, such as cooperative purchasing. Cooperative purchasing is permitted on items priced up to $150,000 through the use of National Joint Powers Alliance's ("NJPA") national cooperative contract solutions. Use of NJPA would be an alternative to use of the Town formal bidding procedures listed above; however, NJPA may not be used in situations where use of competitive bidding is required in conjunction or as a condition of receipt of federal or state funding. The determination of whether to use NJPA shall be made by the Department Head. Use of other cooperative purchasing units as an alternative to use of Town formal bidding procedures is allowed only if use of such cooperative purchasing unit has been approved in advance in writing by the Town Manager. Colorado law requires that cooperative purchasing groups meet specific requirements if they are to be used by local governments. Town Attorney review shall be obtained as needed to confirm whether the proposed use of a cooperative purchasing unit meets statutory cooperative purchasing requirements. 8 Integrated Project Delivery Contracting Process The Board of Trustees may award an integrated project delivery ("IPD," sometimes referred to as "design -build") contract for a Town capital improvements project, or other public project as defined in C.R.S. § 31-25-1303, upon a determination by the Board of Trustees that IPD represents a timely or cost-effective alternative for the public project. Prior to awarding an IPD contract, the requesting Department Head, in consultation with the Town Manager, shall solicit proposals for the project by issuing a request for proposals or request for qualifications to individuals or firms that have indicated an interest in participating in the proposed project or that have displayed evidence of expertise in the proposed project. Notice of the initial solicitation for an IPD procurement shall be published in a newspaper of general circulation within the Town. The Town may also publish notice of the solicitation in a trade journal or post notice on the Town's website. After reviewing the proposals, the Board of Trustees may accept the proposal that, in its estimation, represents the best value to the Town. In the procurement and administration of an IPD contract, the Town may utilize, without limitation, the provisions and procedures set forth in C.R.S. § 31-25- 1301 et M. Sole Source Purchases and Local Vendor Preference Sole Source Purchases: It is the policy of the Town of Firestone to recognize and solicit quotes and bids. Sole source purchases may be made if it has been determined that the goods or services can only be obtained from a single supplier capable of meeting all specifications and purchase requirements, or when it is in the Town's best interests. The following procedures shall apply: Sole Source Purchase in the amount of $5 000.00 to $24,999 99 The requesting department shall provide written justification for the sole source purchase and attach to the purchase requisition. The Department Head will review the justification for the sole source purchase. If the sole source justification is accepted by the Department Head, approval will be granted. If the purchase is unwarranted, two (2) more telephone quotations are required. Sole Source Purchase in the amount of $25,000.00 to $49,999 99 The requesting department shall prepare a memorandum to the Department Head justifying the sole source purchase. The Town Manager and Department Head will review the justification for the sole source purchase. If the sole source justification is accepted by the Town Manager and Department Head, approval will be granted. If the sole source purchase is not approved, the department shall obtain additional written bids or quotes in compliance with this Policy. Sole Source Purchase of 150,000.00 or above 0 The requesting Department Head and Town Manager shall include within the materials presented to the Board of Trustees a memorandum justifying the sole source purchase. Bidding procedures may be waived by the Board of Trustees when it has been demonstrated that the requested goods or services are a sole source purchase. If the sole source purchase is not approved, the department shall obtain additional bids or quotes in compliance with this Policy. Local Vendor Preference To encourage purchasing from businesses located within the Town of Firestone, it is the policy of the Town to recognize and solicit quotes from local vendors. Whenever such local sources exist and are competitive, purchases may be made from local vendors; however the bidding requirements, procedures and criteria of this Policy shall still apply. Unless a violation of law or prohibited as a condition of a grant, bids for purchases of goods of $5,000 or less may be awarded, as deemed appropriate solely within the discretion of the Town, to local vendors providing their proposal or quote is within 2% of the lowest bid. This provision applies only to purchases of goods of $5,000 or less and does not apply to procurement of services. For purposes of this provision, a °local vendor" is defined as any person or entity who has been a bona fide resident of Firestone who has held a valid Town business license for at least six weeks immediately prior to submitting a bid. Purchases during Emergencies In the event of local disaster or emergency conditions declared by the Town, the Town shall comply with this Purchasing Policy to the extent practicable. Forms required herein for the purpose of authorizing and acquiring goods or services necessary for the immediate preservation of life, health, safety, welfare or property may be ratified after acquisition when a delay in acquiring the goods or services will cause immediate risk to life, health, safety welfare or property, based upon the determination of the Town Manager. Goods and services necessary for the immediate preservation of life, health, safety, welfare or property during a local disaster or emergency conditions shall not require compliance with bidding requirements set forth in this Policy, and may be awarded on a sole -source basis. Receiving Procedures and Check Requests Receiving Procedures: 1) It shall be the responsibility of the receiving department to ensure that goods and services are received as ordered and in good condition. Immediately upon receipt of merchandise, check quantity, quality, and any specifications such as model number, etc. to ensure that the goods have been received as indicated on the packing slip. 2) If the goods are faulty or damaged, notify the vendor and Department Head designee immediately. If damage is concealed or not noticed at time of delivery, upon discovery of damage, leave all boxes and packing lists intact and notify vendor immediately. 10 3) It shall be the responsibility of the receiving department to inform the Department Head of the delivery and acceptance of an order by submitting the receiving documents with the check request for payment. 4) It shall be the responsibility of the receiving department to inform the Department Head and Finance Department when full or partial payments are authorized. 5) All invoices shall be mailed by the vendor directly to the accounts payable department. 6) The receiving department shall be responsible for notifying the vendor of any goods received that are not in compliance with the terms ,of the order and any damaged goods. Check Requests: Check request forms are used to request payment for materials or services. Check requests will be granted on the following circumstances: • Checks will be cut in accordance with the Finance Department schedule; • Original invoice must be attached; • All requests must be signed by the requestor, Department Head, and Town Manager and, for purchases over $50,000, the Mayor or Mayor Pro -Tern (or in the event of their absence, the Trustee presiding over the meeting at which the request is approved); • All check requests must be properly coded; • Receiving documents must be attached; and • Checks over $50,000.00 will require at least one manual signature of any authorized account signer. Disposal of Surplus Property The purpose_ of this section is to set forth the policy and procedures reaardina the disposal of Town assets. These provisions are to ensure assets to be disposed of are made available to the public on an equitable basis to realize the maximum return on investment when disposing of assets and to ensure that assets are removed timely and accurately from the Town's accounting books and records. Policy: 1) The Director of Community Resources or designee shall be responsible for the disposal of all Surplus Property with input from the Town Manager or desi neen 2.) All Surplus Property shall be disposed of in one „of the following manners: a Transferred to another department: b) Sold to the highest__ bidder at public auction or via other public solicitation_ of bids, after providing notice of the time and place of the public -sale on the Town of Firestone's official website: c Trade-in on the same or similar item-, d) Recycled: e) Junked or scrapped and properly disposed of in a responsible manner. 11 3) Surplus Property may not be given to an elected official or employee of the Town even if the Town is disposing of it. •_ .,._, 4 The disposal of evidence and seized items is handled by the Police De arfinent under separate rules and regulations. The disposal of Town records is handled by the Town Clerk under separate records retention rules and regulations. Tw 5) The Town's Asset Management Department shall review assets on an annual basis to determine if any are surplus or obsolete based on the following criteria: a) Age and functionality; b) Mileage (vehicles): c) Maintenance history; d) Applicability_ to current Town operations; e) Obsolescence; f) Availability of parts_ ; Availability of support (intangible assets such as software). Procedure: i The .Asset Management Department shall inventory and track each asset purchased_by_the Town, and shall consult with the applicable Department to determine each asset's useful life. The Accounting Department and Asset Management Department will work together to determine the proper depreciation for the asset. 2) Once an asset is within two years of its determined useful life, the Asset Management Department shall consult with the applicable department and the Accounting Department to determine the method ofdisposal that supports the Town's best interests. 3) The Asset Management Department shall work with the applicable department to complete a.Surplus Request Form for the disposal of Surplus Property. 4) The Asset Management Department and the Director of Community Resources shall review and approve or deny assets identified for disposal on a Surplus Request Form, and shall determine the method of disposal that. realizes the best available net value and is conducted in a manner open and accountable to the public. The best. applicable net value is determined by making an estimate of the reasonable_ market value of the asset in an "as is" condition (e.g., for a vehicle, the Kelley Blue _Book value). The Asset Management Department shall indicate the selected manner of disposal and best available net value of the asset on the Surplus Request Form. 5) The Town Manacger or designee shall be made aware of the assets that have been identified for disposal and the selected manner of disposal. 6) The Asset Management Department shall ensure items of Surplus Property that have been disposed of in accordance with this Policy are timely and accurately removed from the Town's accounting books and records. 7) Proceeds received from disposed assets if any, shall be deposited in the General Fund, except that if the assets were purchased with monies from the Town's Water or Stormwater Funds, proceeds shall be deposited in the corresponding fund. 12 Ethics in Town Contracting As provided in C.R.S. § 24-18-201 et seq., elected and appointed Town officials and Town employees shall not have a financial or other interest in any contract made by them as Town employees or officials, or by any Town body or board of which they are members or employees, except in the circumstances described in such statute. Such circumstances generally include contracts awarded via competitive bidding procedures, contracts with respect to which the official or employee has complied with the disclosure and recusal requirements of state law, and other limited situations. Elected and appointed Town officials and Town employees involved in the procurement process shall comply with all ethics laws governing such process. Additional information regarding ethics rules for Town contracting can be provided by the office of the Town Manager. DEFINITIONS: Capital Asset: Tangible or intangible property, including durable goods, equipment, software, buildings, installations, easements, and land valued at $5,000 or more. Capital Improvement Projects (CIP) — Any projects to build, alter, repair or maintain public buildings, streets and alleys, public parks and facilities, municipal utilities, sidewalks, highways, parks or public grounds. Capital Outlay — Expenditures which result in the acquisition of or addition to capital assets ($5,000 or more). Capital Projects --A project that is budgeted in capital accounts. Department Head —Chief of Police, Director of Community Resources, Director of Planning, Director of Finance, Director of Public Works, Town Manager (or Assistant Town Manager as designee), and Town Clerk, as applicable. Emergency conditions - A situation in which any department's operations may be severely hampered or a situation in which the preservation of life, health, safety, welfare or property of employees or the public are endangered. This includes those instances when immediate repair to Town property, equipment, or vehicles is necessary under the aforementioned circumstances. Expenditures — Decreases in net financial resources. Expenditures include current operating expenses which require the current or future use of net current assets, debt service, and capital outlays. Integrated project delivery ("IPD") — A project delivery method in which there is a contractual agreement between the Town and single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project. IPD contract - A contract using an integrated project delivery method. Professional Services — Those services within the scope of the practice of architecture, auditing, engineering, professional land surveying, industrial hygiene, legal counsel, financial advisers, land development planners, building inspection services, information technology services, and banking services. 13 Retainage - A portion or percentage of payments due for work completed on a contract that is held back until the entire job is completed satisfactorily. Services — The furnishing of labor, time, or effort by a contractor not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. The term does not include professional services or integrated project delivery as previously defined. Sole Source Purchase - A procurement of goods or services which can only be obtained from a single supplier capable of meeting all specifications and purchase requirements or when it is in the Town's best interests. Surplus Property - Materials and equipment which are no longer necessary to Town operations, obsolete, and/or excessively expensive to maintain. 14 RESOLUTION NO. 18-05 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF FIRESTONE, COLORADO AND HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-10 WHEREAS, on September 10, 2009, the Board of Trustees of the Town of Firestone approved a Consolidated Service Plan for the organization of the Highway 119 Metropolitan District Nos. 1-6 ("Districts 1-6") pursuant to Section 32-1-204.5(1)(c), C.R.S. (the "Original Service Plan'), and Districts 1-6 were subsequently organized as special districts on February 3, 2010; and WHEREAS, ,On March 24, 2010, the Town and Districts 1-6 entered into an intergovernmental agreement to address certain matters related to the organization, powers and authorities of Districts 1-6, as required under the Original Service Plan ("Original IGA"); and WHEREAS, on September 13, 2017, the Board of Trustees of the Town of Firestone approved an Amended and Restated Consolidated Service Plan for Highway 119 Metropolitan District Nos. 1-6, together with the Consolidated Service Plan for Highway 119 Metropolitan District Nos. 7-10 (the "Service Plan'); and WHEREAS, pursuant to the Service Plan, Highway 119 Metropolitan District Nos. 1-10 have executed and forwarded to the Town an intergovernmental agreement ("Updated IGA") that complies with the Service Plan; and WHEREAS, the Town desires to approve and authorize the execution of the Updated IGA, which will replace the Original IGA in its entirety; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Intergovernmental Agreement among the Town of Firestone, Colorado and the Highway 119 Metropolitan District Nos. 1-10 (the "Agreement") is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Agreement and the Mayor is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor and Town Manager determine are necessary or desirable for the protection of the Town, so long as the essential terns and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this 7-A day of Feh / , 2018. I ATTEST: Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO N aul Sorensen, Mayor o ,tip o �DUNTY , G TOWN OF FIRESTONE, INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF FIRESTONE, COLORADO AND THE HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-10 THIS AGREEMENTT (the "Agreement") is made and entered into as of this 10111 day of October, 2017. by and between the TOWN OF FIRESTONL, a home rule municipal corporation of the State of Colorado (the "Town"), and the HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-10, quasi -municipal corporations and political subdivisions of the State of Colorado (collectively, the "Districts" and individually each a `'District"). The 'Town and the Districts are collectively referred to as the Parties. This Agreement hereby amends and replaces in its entirety the Intergovernmental Agreement By, Between and Among the Town of Firestone, Colorado and Highway 119 Metropolitan District Nos. 1-6, dated Mardi 24, 2010. WITNESSETH: WHERI3AS, C.R.S. § 29-1-203 authorizes the Parties to cooperate and contract with one another regarding functions, services and facilities each is authorized to provide; and WHEREAS, the Districts were organized to provide those services and to exercise powers as are more specifically set forth in the Districts' Service Plan approved by the Town on September 13. 2017 (the '`Service Plan"): and WHEREAS, the Service Plan makes reference to and requires the execution of an intergovernmental agreement between the Town and the Districts; and WHEREAS, the Parties have determined that any capitalized term not specifically defined in this Agreement shall have that meaning as set forth in the Service Plan; and WHEREAS. the Parties have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Agreement to address certain matters related to the organization, powers and authorities of the Districts. NOW, THEREFORE, in consideration of the covenants and mutual agreements herein contained. and for other good and valuable consideration, the receipt and sulTiciency of which are hereby acknowledged, the Parties hereto agree as follows: Regional Improvements Funding. The Districts shall be authorized and required to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment and to contribute to the funding of the Regional Improvements, and the Districts shall have the authority to issue Debi for Regional Improvements in an amount not to exceed the "Total Debt Limit. The Districts, collectively, shall contribute in the aggregate to the Town, Seven Million Five Hundred Thousand Dollars ($7,500,000) (the "Regional Improvement Contribution Requirement"). The Regional Improvement Contribution Requirement shall be paid as follows: each of the Districts shall contribute 7.8% of the Net Bond Proceeds of the Districts. "Net Bond Proceeds" means the aggregate net proceeds of all Debt issued by the Districts, collectively. The Districts' Regional Improvement Contribution Requirement obligation shall begin upon the issuance by the Town of a building permit for any residential or commercial development within the Project, but shall not include any building permits issued for Public Improvements or related facilities, and shall not apply to any Debt issued by the Districts prior to the issuance of a building permit. Notwithstanding the status of Debt issuances, any remaining amount of the Regional Improvement Contribution Requirement ($7,500,000) shall be due in full to the Town by no later than ten (10) years from the date the first building permit for residential or commercial development (not including any building permits issued for Public Improvements or related facilities) within the Project is issued. The proponents of the District acknowledge and agree that the provisions in this Service Plan and the Intergovernmental Agreement for the Districts' participation in Regional Improvements and the payments to the Town are material considerations in, and conditions of the Town's approval of this Service Plan and are a joint and several liability of all of the Districts, and that the 'town has relied thereon in approving this Service Plan. 2. Operations and Maintenance. The District shall dedicate the Public Improvements (as defined in the Service Plan) to the Town or other appropriate jurisdiction or owners association in a manner consistent with the final approved plat, other rules and regulations of the Town, and applicable provisions of the Town Code. The District shall not be authorized to operate and maintain any part or all of the Public Improvements, unless specifically provided for in this Agreement or separate agreement with the Town. I Fire Protection. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain (ire protection facilities or services, unless specifically provided for in this Agreement or separate agreement with the Town. This provision shall limit the District's authority to plan for; design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system. 4. Television Relay and 'Translation. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project, unless specifically provided for in this Agreement or separate agreement with the Town. 5. Construction Standards. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the '['own and of federal and state governmental entities having proper jurisdiction. The District will obtain the Town's approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. G. Issuance of Privately Placed Debt. Prior to the issuance of any privately placed bonds or other obligations, the payment of which the District has promised to impose an rid valorem property tax mill levy ("Debt"), the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [ I ] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by the District for the [insert the designation of the Debt] does not exceed a market [tax-exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt]. including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 7. Inclusion and Exclusion. The District shall not include within its boundaries any property outside the Service Area (as defined in the Service Plan) without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. The District shall not exclude any property from the District if such exclusion will result, or is reasonably anticipated to result, in detriment to the remaining residents and taxpayers within the District, or to the District's bondholders. 8. Total Debt Issuance. The District shall not issue Debt in excess of One Hundred Fifteen Million Four hundred Thirty -Nine Thousand Five Hundred Dollars ($115,439,500) in total aggregate principal amount. 9. Monies from Other Governmental Sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the '['own is eligible to apply for, except as may be specifically provided for herein. This Section shall not apply to specific Ownership taxes which shall be distributed to and conslitwe a revenue source fir the District without any limitation. 10. Consolidation: Dissolution. No District shall file a request with any Court to consolidate with another Title 32 district without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees, unless consolidation is with one of the other Districts which are parties to this Agreement. The District agrees that it shall take all action necessary to dissolve the District in accordance with the provisions of the Service Plan and applicable state statutes. 11, Service Plan Amendment Requirement. Any action of the District which violates the limitations set forth in Sections V.A.1-24 or VI.B-H of the Service Plan, or which constitutes a material modification under the Firestone Municipal Code, shall be deemed to be a material modification to the Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin any such action(s) of the District. The "town may also seek damages for breach of this Agreement arising from violations by the District of any provision of the Service Plan. 12. Applicable Laws_. The District acknowledges that the property within its boundaries shall be subject to all ordinances, rules and regulations of the Town, including without limitalion, ordinances, rules and regulations relating to zoning, subdividing, building and land use, and to all related Town land use policies, master plans and related plans. 13. Annual Report. The District shall submit an annual report ("Annual Report") to the Town no later than September Ist of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County, Colorado, containing the information set forth in Section VI I of the Servicc Plan. 14. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when given by hand delivery, overnight delivery, mailed by certified or registered mail, postage prepaid, delivered electronically (if confirmed promptly telephonically) or dispatched by telegram or teleeopy (if confirmed promptly telephonically), addressed to the following address or at such other address or addresses as any party hereto shall designate in writing to the other party hereto: Town of Firestone 151 Grant Ave. Firestone, Colorado 80102 Attention: Town Manager Highway 119 Metropolitan District Nos. I -10 c/o While Bear Ankcle Tanaka R Waldron 2154 East Commons Avenue, Suite 2000 Centennial, Colorado 80122 Attention: Jennifer Gruber Tanaka, Esq. jtanaka a wbapc.com (303)858-1800 All notices. demands, requests or other communications shall be effective upon such personal delivery or one (1) business day after being deposited with Federal Express or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail. By giving the other party hereto at least ten (10) days written notice thereof in accordance with the provisions hereof. each of the Parties shall have the right from time to time to change its address. 1 S. Miscellaneous. A. Effective Date. This Agreement shall be in full force and effect and be legally binding upon final approval of the governing bodies of the Parties. No Debt shall be issued by the District until after the effective date of this Agreement. B. Nonassignability. No party to this Agreement may assign any interest therein to any person without the consent of the other party hereto at that time, and the terms of this Agreement shall inure to the benefit of and be binding upon the respective representatives and successors of each party Hereto. C. Amendments. This Agreement may be amended from time to time by written amendment, duly authorized and signed by representatives of the parties hereto. D. Severability. If any section, subsection, paragraph, clause, phrase, or other provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, phase, or other provision shall not affect any of the remaining provisions of this Agreement. E. Execution of Documents. This Agreement shall be executed in two (2) counterparts, either of which shall be regarded for all purposes as one original. Each party agrees that it will execute any and all deeds, instruments, documents, and resolutions or ordinances necessary to give effect to the terms of this Agreement. 1-. Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Agreement. G. Default/Remedies. In the event of a breach or default of this Agreement by any party, the non-defaul ling party shall be entitled to exercise all remedies available at law or in equity, specifically including suits for specific performance and/or monetary damages. In the event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing party in such proceeding shall be entitled to obtain as part of its judgment or award its reasonable attorneys' fees. 11. Governing l,a%v and Venue. This Agreement shall be governed and construed under the laws of the State of Colorado. Venue for all actions brought hereunder shall be in the District Court in and for Weld County. 1. Inurement. Each of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. J. Paragraph Headings. Paragraph headings are inserted for convenience of reference only. K. No Third !arty Beneficiaries. No person or entity who or which is not a party to this Agreement will have any right of action under this Agreement. E 11. Entirety. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties hereto relating to the subject matter hereof and this Agreement, together with the Service Plan provisions that serve to supplement or complement this Agreement, constitutes the entire agreement between the Parties concerning the subject matter hereof. Remainder of Page Intentionally Left Blank. Signature Pages Follow.] 6 IN W TTNESS Wil RFOI-, this Agreement is execuled by the Town and the District as of the dale first above written. TOWN OF FIRESTONE, COLORADO yor A'I' I'EST: -Ow-*1 4 'Town Clerk ATTEST: . Secretary APPROVED AS TO FORM: , Attorney ATTES : 7 ATTEST: F ATTES . ATTEST. HIGHWAY 1)9 METROPOLITAN DISTRICT NO. 1 BY: Ofdccr f the District HIGHWAY 119 METROPOLITAN DISTRICT NO. 2 BY: Offfi er Phe District HIGHWAY 119 METROPOLITAN DISTRICT NO. 3 BY: O iee of the District HIGHWAY 119 METROPOLITAN DISTRICT NO. A BY: O Iccr f the District ATTE ATTES . ATTES HIGHWAY 119 METROPOLITAN DISTRICT NO. 5 1 1 BY: Officer of he District HIGHWAY 119 METROPOLITAN DISTRICT NO.6 BY: Ofr er f the District HIGHWAY 119 METROPOLITAN DISTRICT NO,7 BY: (jfVjcefof the District A'I"I'13ST: A'1"1'I:S7 Ln��— Al :l APPROVED AS TO NORM: HIGHWAY 119 ME H(OPOLITAN DISTRICT NO.8 13Y: <aL Officd of he District I-IIG14WAY 119 METROPOLITAN DISTRICT NO.9 BY: Old cer f the District HIGHWAY 119 METROPOLITAN DISTRICT NO, 10 BY: Officer o the District Wvm,i: BEAR ANKFu TANAKA & WALDRON Attorneys at Law OT Gen rat 'ounsel o t e Districts BUTLERI SNOW February 2, 2018 Board of Trustees Town of Firestone 151 Grant Ave. P.O. Box 100 Firestone, CO 80520 Attn: Sam Eight, Town Attorney RE: Proposed Police Building Financing Dear Sam: We are pleased to confirm our engagement as bond counsel to the Town of Firestone (the "Town"). We appreciate your confidence in us and will do our best to continue to merit it. This letter sets forth the role we propose to serve and the responsibilities we propose to assume as bond counsel to the Town in connection with the execution and delivery of a lease purchase agreement and the related issuance to investors of certificates of participation (together with the lease purchase agreement, the "COPs"). This letter replaces our engagement letter for this financing dated July 10, 2017. Personnel. Dee Wisor and Sally Tasker will be principally responsible for the work performed by Butler Snow LLP on your behalf and they will report to and take direction from you. Where appropriate, certain tasks may be performed by other attorneys or paralegals. At all times, however, Dee will coordinate, review, and approve all work completed for the Town. Scope of Services. Bond counsel is engaged as a recognized expert whose primary responsibility is to render an objective legal opinion with respect to the authorization and issuance of securities such as the COPs. As your bond counsel, we will: examine applicable law; consult with the parties to the transaction prior to the issuance of the COPs; prepare customary authorizing and operative documents, which may include proceedings relating to: the election authorizing a sales tax increase, the authorization of the sale and issuance of the COPs, and closing certificates; review a certified transcript of proceedings; and undertake such additional duties as we deem necessary to render the opinion. Subject to the completion of proceedings to our satisfaction, we will render our opinion relating to the validity of the COPS, the enforceability of the security for the COPs, and the exclusion of the interest paid on the COPS (subject to certain limitations which may be expressed in the 1801 Calfomia Street DEE P. W1SOR Smile 5100 (720) 330.2357 Drurur. Colorado 80202 Dee.\Visor@Butle6nou,.com T (720) 330-2300 F (720) 330-2301 wnw. bullranow mm BLrn, R SNOW LJ_P Town of Firestone February 2, 2018 Page 2 opinion) from gross income for federal income tax purposes and for Colorado income tax purposes. We are also being retained by you to act as special counsel to the Town in connection with the Official Statement for the COPs (the "Official Statement"). As such, we will provide advice to the Town on the applicable legal standards to be used in preparing the Official Statement and meeting the Town's disclosure responsibilities. At the conclusion of the transaction we will deliver a letter to you stating, substantially, that we have assisted the Town in the preparation of the Official Statement, and that in the course of such assistance, nothing has come to the attention of the attorneys in our firm rendering legal services in connection with our representation which leads us to believe that the Official Statement, as of its date (except for the financial statements, other statistical data and statements of trends and forecasts, and information concerning The Depository Trust Company and its procedures contained in the Official Statement and its Appendices, as to which we express no view), contains any untrue statement of material fact or omits to state any material fact necessary to make the statements in the Official Statement, in light of the circumstances under which they were made, not misleading. Our opinion and letter each will be addressed to the Town and will be executed and delivered by us in written form on the date the COPs are exchanged for their purchase price (the "Closing"). The opinion and letter each will be based on facts and law existing as of their date. Our services as bond counsel and as special counsel are limited to those contracted for explicitly herein; the Town's execution of this letter constitutes an acknowledgment of those limitations. Specifically, but without implied limitation, our responsibilities do not include any representation by Butler Snow LLP in connection with any IRS audit, SEC investigation, or any litigation involving the Town or the COPS, or any other matter. Neither do we assume responsibility for the preparation of any collateral documents (e.g., environmental impact statements) which are to be filed with any state, federal or other regulatory agency. Nor do our services include financial advice (including advice about the structure of the COPS) or advice on the investment of funds related to the COPS. If such services are requested of us, we suggest that we discuss the nature and extent of those services and an estimate of our fee at the time of the request. Attorney -Client Relationship. In performing our services as bond counsel and as special counsel, the Town will be our client and an attorney -client relationship will exist between us. We will represent the interests of the Town rather than its Board of Trustees, its individual members, or the Town's employees. We assume that other parties to the Town of Firestone February 2, 2018 Page 3 transaction will retain such counsel as they deem necessary and appropriate to represent their interests in this transaction. Conflicts of Interest. Our firm sometimes represents, in other unrelated transactions, certain of the financial institutions that may be involved in this financing, such as underwriters, credit enhancers, and banks that act as paying agents or trustees. We do not believe that any of these representations will materially limit or adversely affect our ability to represent the Town in connection with the COPS, even though such representations may be characterized as adverse under the Colorado Rules of Professional Conduct (the "Rules"). In any event, during the term of our engagement hereunder, we will not accept a representation of any of these parties in any matter in which the Town is an adverse party. However, pursuant to the Rules, we do ask that you consent to our representation of such parties in transactions that do not directly or indirectly involve the Town. Your execution of this letter will signify the Town's prospective consent to such adverse representations in matters unrelated to the COPS while we are serving as bond counsel hereunder. Fee Arrangement. Based upon: (i) our current understanding of the terms, structure, size and schedule of the financing, (ii) the duties we will undertake pursuant to this letter, (iii) the time we anticipate devoting to the financing, and (iv) the responsibilities we assume, our fee for this engagement will be $65,000. Such fee may vary: (i) if material changes in the structure of the financing occur, (ii) if unusual or unforeseen circumstances arise which require a significant increase in our time or our responsibilities or (iii) the COPS are not delivered by July 1, 2018. If, at any time, we believe that circumstances require an adjustment of our original fee estimate, we will consult with you. Our fees are usually paid at Closing out of proceeds of the COPS. We customarily do not submit any statement until the Closing, unless there is a substantial delay in completing the financing. We understand and agree that our fees will be paid at Closing out of proceeds. If the financing is not consummated, we understand and agree that we will not be paid. If, for any reason, the financing is completed without our opinion as bond counsel, we will expect to be compensated at our normal hourly rates (currently ranging from $100 to $640 depending on personnel) for time actually spent on your behalf, plus disbursements. In addition, this letter authorizes us to incur expenses and make disbursements on behalf of the Town, which we will include in our invoice. Disbursement expenses will include such items as travel costs, photocopying, deliveries and other out-of-pocket costs. Attached as Exhibit A is our billing policy. Town of Firestone February 2, 2018 Page 4 Document Retention. At or within a reasonable period after Closing, we will review the file to determine what materials should be retained as a record of our representation and those that are no longer needed. We will provide you with a copy of the customary transcript of documents after Closing and will return any original documents obtained from you (if a copy is not included in the transcript). Our document retention policy is attached hereto as Exhibit B. Termination of Engagement. Upon delivery of our approving opinion and letter as special counsel, our responsibilities as bond counsel and as special counsel will terminate with respect to the COPS, and our representation of the Town and the attorney -client relationship created by this engagement letter will be concluded. Should the Town seek the advice of bond counsel on a post -closing matter or seek other, additional legal services, we would be happy to discuss the nature and extent of our separate engagement at that time. Approval. If the foregoing terms of this engagement are acceptable to you, please so indicate by returning a copy of this letter signed by the officer so authorized, keeping a copy for your files. We are pleased to have the opportunity to serve as your bond counsel and special counsel and look forward to a mutually satisfactory and beneficial relationship. If at any time you have questions concerning our work or our fees, we hope that you will contact us immediately. BUTLER SNOW LLP r�-W6111 4 j � - 0 - - ACCEPTED AND APPROVED: TOWN OF FIRESTONE, COLORADO By: Title: Date: Town of Firestone February 2, 2018 Page 5 DPW/jw Enclosures Town of Firestone February 2, 2018 Page 6 EXHIBIT A BUTLER SNOW LLP STANDARD BILLING TERMS AND CHARGES FOR EXPENSES As of January 1, 2018 Butler Snow LLP (the "Finn") will bill clients on a monthly basis for legal services, unless another arrangement is agreed to and approved in iwiting by the Firm and the Client. The Firm typically sends bills for legal services and expenses via the U.S. Poslal Senlcc or by a -mail. Electronic billing services may also be used by specific agreement. It is our goal that our bills are easy to understand, simple, and reflect appropriate charges for the value our services provided. As such, we do not charge for many incidental costs or routine services. We are continually working to ensure that our bills are clear and understandable. Should you have questions about any aspect of your bill, please contact the Finn as soon as possible so that your concerns may be quickly resolved. The chart below spells out the complete details of our expense charges. Our bills are due upon receipt of the bill, unless other arrangements are agreed to in advance. Any overpayments or duplicate payments the Firm receives that cannot be posted to an outstanding bill ("unapplied payments") %rill be deposited into the Firm's operating account upon receipt and posted as unapplied cash to the client's account. These unapplicd pa}lnents will either be applied to a future bill or refunded to the client, whichever is appropriate. Document Reproduction No charge for routine reproduction (under 50 pages per day) Nortnal sized documents (up to I 1 x 17) For reproduction in excess of 50 pages per day — Black & White: $0.10/page Color: 50.25/page Bates Labeling — Electronic: 50.05/page Manual: $0.15/page Oversize documents (size in excess of I I x 17) Charge for each page — no exclusion Black & white: 56.00/page Color: $30.00/page Electronic Data Manipulation for S75 per hour reproduction No charge for routine scanning (except evidentiary materials) Document Scanning Bulk scanning of evidentiary documents: S0.06/p2ge (additional charge for document coding) Oversize documents (size in excess of 11 x 17) 510.00/page Wire Transfers Outgoing: International: S50/wire Domestic: S25/wire Data/AudioNisual Duplication & CD/DVD: 512.00 for each disc Reproduction Portable Media Devices: Priced per data storage size Data Filtering/Searching: $50.00/gb per occurrence Electronically Stored Information Data Processing Native: $150.00/gb per occurrence (Litigation Support Services) Data Processing Full Tiff: 5200.00/gb per occurrence Data Storage: $I5.00/gb per month No charge for basic research. Computerized Legal Research S35/search for public records, special treatises, briefs, motions and expert directory databases. Specialized research at actual cost with prior client approval. Electronic retrieval of Court documents 50.40 / document Town of Firestone February 2, 2018 Page 7 Fax and Long Distance Phone No charge for calls or Fax transmissions within the U.S. Non -domestic and conference calls charged at actual cost. Travel (personal vehicle) Current Standard Mileage Rate as allowed by the IRS Deliveries under 10 miles one way -No charge; 10-25 miles one Messenger Delivery and Service way - 530.00; over 25 miles one way - 510.001hour plus of Subpoenas or Summons mileage; Service of Subpoenas/Summons - 535.00 plus delivery. Overnight Package Delivery Charged at actual cost per package Postage No charge for routine postage (under $25 per day) Bulk mailing postage: at actual cost Town of Firestone February 2, 2018 Page 8 EXHIBIT B NOTICE TO CLIENTS OF BUTLER SNOW'S RECORD RETENTION & DESTRUCTION POLICY FOR CLIENT FILES Butler Snow maintains its client files electronically. Ordinarily, we do not keep separate paper files. We will scan documents you or others send to us related to your matter to our electronic file for that matter and will ordinarily retain only the electronic version while your matter is pending. Unless you instruct us otherwise, once such documents have been scanned to our electronic file, we will destroy all paper documents provided to us. If you send us original documents that need to be maintained as originals while the matter is pending, we ordinarily will scan those to our client file and return the originals to you for safekeeping. Alternatively, you may request that we maintain such originals while the matter is pending. If we agree to do that, we will make appropriate arrangements to maintain those original documents while the matter is pending. At all times, records and documents in our possession relating to your representation are subject to Butler Snow's Record Retention and Destruction Policy for Client Files. Compliance with this policy is necessary to fulfill the firm's legal and ethical duties and obligations, and to ensure that information and data relating to you and the legal services we provide are maintained in strict confidence at all times during and after the engagement. All client matter files are subject to these policies and procedures. At your request, at any time during the representation, you may access or receive copies of any records or documents in our possession relating to the legal services being provided to you, excluding certain firm business or accounting records. We reserve the right to retain originals or copies of any such records of documents as needed during the course of the representation. Unless you instruct us otherwise, once our work on this matter is completed, we will designate your file as a closed file on our system and will apply our document retention policy then in effect to the materials in your closed files. At that time, we ordinarily will return to you any original documents we have maintained in accordance with the preceding paragraph while the matter was pending. Otherwise, we will retain the closed file materials for our benefit and subject to our own policies and procedures concerning file retention and destruction. Accordingly, if you desire copies of any documents (including correspondence, e-mails, pleadings, contracts, agreements, etc.) related to this matter or generated while it was pending, you should request such copies at the time our work on this matter is completed. Town of Firestone February 2, 2018 Page 9 You will be notified and given the opportunity to identify and request copies of such items you would like to have sent to you or someone else designated by you. You will have 30 days from the date our notification is sent to you to advise us of any items you would like to receive. You will be billed for the expense of assimilating, copying and transmitting such records. We reserve the right to retain copies of any such items as we deem appropriate or necessary for our use. Any non-public information, records or documents retained by Butler Snow and its employees will be kept confidential in accordance with applicable rules of professional responsibility. Any file records and documents or other items not requested within 30 days will become subject to the terms of Butler Snow's Record Retention and Destruction Policy for Client Files and will be subject to final disposition by Butler Snow at its sole discretion. Pursuant to the terms of Butler Snow's Record Retention and Destruction Policy for Client Files, all unnecessary or extraneous items, records or documents may be removed from the file and destroyed. The remainder of the file will be prepared for closing and placed in storage or archived. It will be retained for the period of time established by the policy for files related to this practice area, after which it will be completely destroyed. This includes all records and documents, regardless of format. While we will use our best efforts to maintain confidentiality and security over all file records and documents placed in storage or archived, to the extent allowed by applicable law, Butler Snow specifically disclaims any responsibility for claimed damages or liability arising from damage or destruction to such records and documents, whether caused by accident; natural disasters such as flood, fire, or wind damage; terrorist attacks; equipment failures; breaches of Butler Snow's network security; or the negligence of third -party providers engaged by our firm to store and retrieve records. 4041091Gv1 RESOLUTION NO. 18-04 A RESOLUTION APPROVING A SECOND AMENDMENT TO THE FACILITY USE LICENSE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CARBON VALLEY HELP CENTER WHEREAS, on September 12, 2012, the Town of Firestone ("Town") and the Carbon Valley Help Ceriter ("CVHC" or the "Center") entered into a Facility Use License Agreement ("Agreement") for the Center's use of the old Town Hall located at 150 Buchanan Avenue in Firestone; and WHEREAS, on October 8, 2014, the parties extended the Agreement for an additional three years by the First Amendment to Facility Use License Agreement ("First Amendment"); and WHEREAS, there has been proposed a Second Amendment to Facility Use License Agreement ("Second Amendment") to extend the term of the Agreement until August 8, 2018, and further authorize the Town Manager to grant one, six-month extension; and WHEREAS, the Board of Trustees has determined that the proposed Second Amendment is in the best interests of the Town and desires by this Resolution to approve said Second Amendment and authorize its execution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Second Amendment to Facility Use License Agreement ("Second Amendment") between the Town of Firestone and Carbon Valley Help Center for use of the old Town Hall at 150 Buchanan Avenue in Firestone is hereby approved in essentially the same form as the copy of such Second Amendment accompanying this Resolution. Section 2. The Mayor and Mayor Pro Tem, or either of them, is hereby authorized to execute the Second Amendment, except that each is hereby further granted the authority to negotiate and approve such revisions to said Second Amendment as are determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Second Amendment are not altered. Section 3. The Mayor, Mayor Pro Tern, Town Manager and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Facility Use License Agreement, as amended, and to execute and deliver any and all documents necessary to effect the provisions thereof, including without limitation that the Town Manager is delegated the authority to grant or deny a request for extension under Section 2 of said Facility Use License Agreement, as amended. INTRODUCED, READ, and ADOPTED this 17`h day of January, 2018. TOWN OF FIRESTONE, COLORADO n • • bi Sind6ldr,• • Tern SECOND AMENDMENT TO FACILITY USE LICENSE AGREEMENT THIS SECOND AMENDMENT TO FACILITY USE LICENSE AGREEMENT ("Second Amendment" or "License") is made and entered into effective as of the 8th day of October, 2017, by and between the Town of Firestone, Colorado, a municipal corporation (the "Town"), and Carbon Valley Help Center, a Colorado nonprofit corporation ("CVHC"), with reference to that certain FACILITY USE LICENSE AGREEMENT by and between the Town and CVHC, dated September 12, 2012 ("Original Agreement"). WHEREAS, pursuant to the terms of the Original Agreement, the Town licensed certain Town -owned property located at 150 Buchanan Avenue, Firestone, Colorado to CVHC for operation of the Carbon Valley Help Center; and WHEREAS, the initial term of the Original Agreement was one year with an option authorizing the Town Manager to extend the term of the Original Agreement for two additional periods of not more than one year each; and WHEREAS, the Town Manager extended the Original Agreement for two years; and WHEREAS, the Original Agreement was amended by a First Amendment approved by the Town on October 8, 2014, and pursuant to such First Amendment the term of the License was extended to October 8, 2017; and WHEREAS, the parties, by this Second Amendment, desire to extend the term of the Original Agreement for an additional ten months and further authorize the Town Manager to grant one extension of no longer than six months; NOW, THEREFORE, the parties agree as follows: Section 1. Section 2 of the Original Agreement, as previously amended by the First Amendment, is hereby deleted and replaced in its entirety, to read as follows: 2. Duration. This License shall terminate on August 8, 2018, unless sooner terminated by the Town and CVHC as provided herein. By writing executed by the Town Manager, the License herein granted may at the Town's discretion be extended for one additional period of not more than six months, subject to earlier termination by the Town and CVHC as provided herein. Section 2. The Facility Use License Agreement, as amended by this Second Amendment, is hereby ratified and confirmed and shall remain in full force and effect in accordance with its terms. The parties agree this Second Amendment is effective as of October 8, 2017, so as to provide for the Facility Use License Agreement to remain continuously in effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Facility Use License Agreement effective as of the date first above written. TOWN OF FIRESTONE, a Colorado municipal corporation ATTEST: f TOWN ++ rt �Q 4 per•..:..... •'���� Leah Vanarsdall, Town Clerk CARBON VALLEY HELP CENTER, A Colorado nonprofit corporation ATTEST: Title: RESOLUTION NO. 18-03 A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF FIRESTONE AT THE REGULAR MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 3, 2018, THE QUESTION OF AFFIRMING THE TOWN'S RIGHT TO PROVIDE HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICES), TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS AS EXPRESSLY PERMITTED BY ARTICLE 27, TITLE 29, OF THE COLORADO REVISED STATUTES, AND SETTING FORTH RELATED DETAILS WHEREAS, the Town of Firestone (the "Town"), is a Colorado municipal corporation duly organized and existing under laws of the State of Colorado; and WHEREAS, the Town will hold a regular municipal election on April 3, 2018; and WHEREAS, the Town Board of Trustees is of the opinion that it should refer to the voters -at the April 3, 2018 regular municipal election the question of re-establishing the Town's right to provide high-speed internet services (advanced services), telecommunications services, and/or cable services as stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. A regular municipal election will be held in the Town of Firestone on Tuesday, April 3, 2018, between the hours of 7:00 a.m. and 7:00 p.m. Section 2. Pursuant to applicable provisions of the laws of the State of Colorado, the Board of Trustees hereby submits to the registered electors of the Town at such regular election to be held on April 3, 2018 (the "election"), the ballot question specified in Section 3 of this resolution. Section 3. The following ballot question, certified in substantially the form set forth below, is hereby referred to the registered electors of the Town and shall appear on the ballot of the election to be held on April 3, 2018: BALLOT QUESTION NO. SHALL THE TOWN OF FIRESTONE, WITHOUT INCREASING TAXES BY THIS MEASURE, BE AUTHORIZED TO PROVIDE HIGH-SPEED INTERNET SERVICES (ADVANCED SERVICES), TELECOMMUNICATIONS SERVICES, AND/OR CABLE TELEVISION SERVICES, INCLUDING BUT NOT LIMITED TO ANY NEW AND IMPROVED HIGH BANDWIDTH SERVICE(S) BASED ON FUTURE TECHNOLOGIES, TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NONPROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS EXPRESSLY PERMITTED BY COLORADO REVISED STATUTES §§ 29-27-101 TO 304, "COMPETITION IN UTILITY AND ENTERTAINMENT SERVICES"? YES NO Section 4. If a majority of all the votes cast at the election on the question submitted shall be for the question, the question shall be deemed to have passed and shall be effective upon passage. Section 5. 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 and the conduct of the April 3, 2018 election. Section 6. If any portion of this resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. The Board of Trustees and the registered voters of the Town hereby declare that they would have passed and approved this resolution and each part hereof irrespective of the fact that any one part be declared invalid. 2018. INTRODUCED, ADOPTED AND RESOLVED THIS loth DAY OF January, ��RESTpN`� f TOWN t SEA t ATTEST: �c ' Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO y'" RESOLUTION NO. 18-02 A RESOLUTION EXTENDING THE EXPIRATION DEADLINE FOR THE LEXINGTON VILLAGE PUD, OUTLINE DEVELOPMENT PLAN WHEREAS, on August 23, 2007, the Board of Trustees for the Town of Firestone adopted Ordinance No. 646 approving the Outline Development Plan for Lexington Village PUD; and WHEREAS, Section 17.22.060 of the Firestone Municipal Code provides that, the owner/representative may request a one-year extension, in writing to the board of trustees; and WHEREAS, currently, the Outline Development Plan for Lexington Village PUD has an expiration date of August 23, 2017; and WHEREAS, the representative has submitted to the Town Manager a request to extend the expiration date of the Outline Development Plan one year; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 17.22.060 of the Torun of Firestone Municipal Code is administrative in nature and exists for the benefit of the owner/representative to proceed to the next development plan stage; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the expiration date of the Lexington Village PUD Outline Development Plan. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby extends until August 23, 2018 the expiration date of the Lexington Village PUD Outline Development Plan. INTRODUCED, READ AND ADOPTED this 1 O'h day of January, 2018. �STO TOWN OF FIRESTONE, COLORADO TQWN r 10 - ALIle� B i Sindel , ayor Pro-tem ATTEST. ��UNTY, G0� du Leah Vanarsdall, Town Clerk RESOLUTION 18-01 A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES FOR THE TOWN OF FIRESTONE WHEREAS, C.R.S. § 24-6-402(2)(c) 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 FOR 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 for the Town of Firestone shall be posted at the front entrance window of the Firestone Town Hall, 151 Grant Avenue, Firestone, CO 80520. Meeting notices may additionally be published on the Town's website, www.firestoneco.gov. INTRODUCED, READ, and ADOPTED this 10'h day of January, 2018. TOWN OF FIRESTONE, COLORADO Pro-tem ATTEST: �•' N F O�L1o° Leah Vanarsdall, Town Clerk OG�. Go�OQ� RESOLUTION NO.17-60 A RESOLUTION APPOINTING THE DRCOG REPRESENTATIVE AND THE DRCOG ALTERNATE REPRESENTATIVE FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone is a member of the Denver Regional Council of Governments (DRCOG); and WHEREAS, each member of DRCOG is entitled to designate an elected official to serve as a Member Representative and an elected official to serve as an Alternate Member Representative on the DRCOG Board of Directors; and WHEREAS, the Town by this Resolution desires to designate the Town's Member Representative and the Town's Alternate Member Representative to the DRCOG Board of Directors, such designations to be effective upon the date of adoption hereof; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby appoints Trusteel_eui as the Town's Member Representative to the DRCOG Board of Directors for the Town of Firestone, effective immediately and expiring at such time as such person is no longer a member of the Board of Trustees or a successor is appointed. Section 2. The Board of Trustees hereby appoints Trustee__&6bie Si ndP fae- as the Town's Alternate Member Representative to the DRCOG Board of Directors for the Town of Firestone, effective immediately and expiring at such time as such person is no longer a member of the Board of Trustees or a successor is appointed. Section 3. The above -named Member Representative is hereby authorized to vote for and on behalf of the Town and to represent the Town in connection with all matters that may come before DRCOG's Board of Directors from time to time. The Alternate Member Representative shall serve in the event of the Member Representative's absence, or as otherwise permitted by DRCOG. INTRODUCED, READ, and ADOPTED this JIL day of („pry,, , 2017. TOvv� 9I. 8,SL Gam' Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO fp Paul Sorensen, N ayor 0� RESOLUTION NO. 17-59 A RESOLUTION PRESCRIBING STORMWATER UTILITY SERVICE FEES FOR THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Town of Firestone (the "Town") operates a municipal stormwater system; and WHEREAS, pursuant to state law and the Firestone Municipal Code, the Board of Trustees is authorized to fix, establish, maintain and provide for the collection of rates, fees, and charges for stormwater utility services furnished by the Town; and WHEREAS, after review and analysis of the costs of operating and maintaining the Town's stormwater system, including completion of a stormwater rate study, and in consideration of increases in the costs of operating, maintaining and improving the Town's stormwater system, the Board of Trustees has determined that increases in the stormwater rates, fees, and charges are necessary; and WHEREAS, the current stormwater utility service fees do not adequately provide for the capital needs and operations of the Town's stormwater system; and WHEREAS, the Board of Trustees by this resolution desires to establish the stormwater utility/ service rates, fees, and charges for Town stormwater utility services, effective January 1, 2018; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. For stormwater utility services provided by the Town, the following utility service fees shall apply and be charged effective January 1, 2018: A. For single-family detached and duplex attached residential properties, there shall be charged an undeveloped base service fee until the time the property begins development as set forth in the table below. At the time of development, a developed service fee shall be charged as set forth in the table below. For such properties, there are established three billing tiers based on lot area, as set forth in the table below. B. For all commercial, industrial, multi -family and irrigation properties other than single-family detached and duplex attached residential properties, there shall be charged an undeveloped base service fee until the time the property begins development as set forth in the table below. At the time of development, a developed service fee shall be charged as set forth in the table below. For such properties, there are established three billing tiers based on lot area, as set forth in the table below. C. Lot area refers to the actual lot area of the' subject property. Impervious area is as determined by the Town subject to the provisions of chapter 13.11 of the Firestone Municipal Code. D. Stormwater Utility Fee Table: Property Classification Undeveloped Base Service Fee Developed Service Fee Single Family/Duplex Lots Area 0-10,000 Lot Area x $0.0000093 + $7.42/Month ' s.f. $1.16/Month Single Family/Duplex Lots Area 10,001- Lot Area x $0.0000093 + $9.95/Month 20,500 s.f. $1.16/Month Single Family/Duplex Lots Area z 20,501 Lot Area x $0.0000093 + $17.26/Month s.f. $1.16/Month Commercial/Industrial/Multi- Lot Area x $0.0000093 + Impervious Area x $0.00163 Family/Irrigation Lot Area 0-10,000 s.f. $1.16/Month + $7.42/Month Commercial/Industrial/Multi- LotArea x $0.0000093 + Impervious Area x $0.00163 Family/Irrigation Lot Area 10,000-100,000 $1.16/Month + $9.95/Month s.f. Commercial/Industrial/Multi- Lot Area x $0.0000093 + Impervious Area x $0.00163+ Family/Irrigation Lot Area Z 100,001 s.f. $1.16/Month $17.26/Month E. For purposes of this fee schedule, the Developed Service Fee is imposed from and after the time there is impervious surface area on the property. F. Pursuant to Section 13.11.040.0 of the Firestone Municipal Code, the following properties are exempt from the services fees set forth herein: All railroad rights -of -way; public highways, roadways, streets, and alleys; and all facilities and land owned by the Town, county, state, and federal government, and any water district, sanitation district, fire protection district, school district, or library district. 2. Town of Firestone Resolution No. 16-35 is hereby repealed in its entirety. 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. INTRODUCED, READ AND ADOPTED this 13th day of December, 2017. Attest: Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO ).6aul roW Sorensen, ayor BAL RESOLUTION NO. 17-58 A RESOLUTION PRESCRIBING WATER RATES, FEES, TOLLS 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 operating and maintaining the Town's water system, including completion of a water rate study and an analysis of capital needs, and in consideration of applicable CWCWD increases and increases in the costs of operating, maintaining and improving the Town's water system, the Board of Trustees has determined that increases in the water system rates, fees, tolls and charges are necessary; and WHEREAS, the current water taps fees and monthly water rates do not adequately provide for the capital needs and operations of the Town's water system; and WHEREAS, the Board of Trustees by this resolution desires to establish various rates, fees, tolls and charges for Town water service and water usage, effective January 1, 2018; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and char. The following monthly rates and charges shall be imposed for water service received through the Town of Firestone water system: Water Meter Base Rate Included in Water Charge Per 1,000 Gallons Base Size Charge Rate (Gallons) Gallons Rate Residential 5/8" $ 24.54 -0- 3/4" $ 37.63 -0- 1" $ 62.16 -0- 1-1/2" $ 122.66 -0- 2" $ 197.91 -0- ` Residential 0-5,000 $ 2.32 5,001-20,000 $ 4.09 20,001-40,000 $ 6.55 Above 40,000 $ 8.19 Commercial, Industrial, Irrigation, Mobile Home Parks 5/8" $ 24.54 -0- 3/4" $ 37.63 -0- 1" $ 62.16 -0- 1-1 /2" $ 122.66 -0- 2" $ 197.91 -0- 3" $ 369.64 -0- 6" $ 1,461.52 -0- Commercial & All usage $ 3.61 Industrial Irrigation Only All usage $ 5.48 Mobile Home All usage $ 4.09 Parks Out -of -Town Base rates and gallon charges for any out-of-town service shall be Rates two times the in -Town rates and charges. 2 Section 2. Connection, capital investment and repair fees. The following connection and capital investment and repair fees shall be imposed, except that the Town 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 Fee and Repair Fee Investment Fee Size CWCWD Town CWCWD Total 5/8" $ 5,800 $ 3,000 $ 4,000 $ 12,800 3/4" $ 7,700 $ 4,500 $ 6,000 $ 18,200 1" $12,500 $ 7,500 $10,000 $ 30,000 l-1/2" $23,000 $ 17,000 $20,000 $ 60,000 2" $36,400 $ 28,000 $32,000 $ 96,400 Connection and capital investment and repair fees as well as any other fees 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 and capital investment fees imposed by CWCWD, and all other factors relevant to the application. All taps requiring a meter larger than 2" and all taps applied for where the service requested is outside of the Town limits shall be by contract with the Board of Trustees. Out-of-town taps of 2" or less shall be charged fees at two times the amount of in -Town fees. Section 3. Construction Hydrant Meter Rental Terms. 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 $ 1,500.00 per meter Administration Fee $ 25.00 per permit Meter Rental $ 2.00 per day Late Charge $ 5.00 per day Water Usage Rate $ 3.61 per 1,000 gallons Section 4. Meter & Yoke Fees. The following fees shall be imposed for Meter and Yoke assemblies installed by the Town for new service connections; such fees for taps requiring a meter larger than 2" shall be as set by contract with the Board of Trustees: Meter Tap Size Administrative Fee Meter & Yoke Cost Total Meter & Yoke Fee 5/8" $25.00 $ 1,019.14 $1,033.09 3/4" $25.00 $ 1,055.32 $1,069.27 1" $25.00 $ 1,343.17 $1,354.95 3 1-1/2" Commercial $25.00 1-1/2" Irrigation $25.00 2" Commercial $25.00 2" Irrigation $25.00 $ 3,559.72 $3,477.42 $ 2,675.77 $2,692.54 $ 4,472.48 $4,437.70 $ 3,108.72 $3,102.56 Section 5. This Resolution shall become effective on January 1, 2018. Section 6. Town of Firestone Resolution No. 16-34 is hereby repealed in its entirety. 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 i3 DAY OF �e (' Q r►� , 2017. TOWN OF FIRESTONE, COLORADO ..-.� , rowri aul Sorensen, Mayor r ATTEST: rn z SEA2d o 1� Leah Vanarsdall, Town Clerk 4 A RESOLUTION APPROVING AN AMENDED AND RESTATED COOPERATION AGREEMENT BETWEEN THE FIRESTONE URBAN RENEWAL AUTHORITY AND THE TOWN OF FIRESTONE WHEREAS, the Town is a statutory town of the State of Colorado authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, the Town Board of Trustees approved the Urban Renewal Plan for the Southern Firestone Urban Renewal Area on February 3, 2010; and WHEREAS, the Town and the Firestone Urban Renewal Authority ("FURA") previously entered into a cooperation agreement to confirm certain mutual understandings regarding the provision of support services to FURA by the Town and allocation of Tax Increment Financing ("TIF") revenues under the Urban Renewal Plan for the Southern Firestone Urban Renewal Area ("Original Agreement"); and WHEREAS, the Town Board of Trustees subsequently approved the Urban Renewal Plan for the Northern Firestone Urban Renewal Area on June 12, 2013, and the Urban Renewal Plan for the Central Firestone Urban Renewal Area on December 16, 2015 2015 (referred to collectively with the Urban Renewal Plan for the Southern Firestone Urban Renewal Area as the "Plans"); and WHEREAS, each of the Plans includes a provision for use of property tax increment TIF financing, as contemplated by C.R.S. § 31-25-107(9)(a), for the purposes authorized by the Act; and WHEREAS, the Town and FURA desire to enter into an Amended and Restated Cooperation Agreement to confirm their mutual understandings regarding FURA operating costs and allocation of certain TIF revenues; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Amended and Restated Cooperation Agreement ("Cooperation Agreement") between the Town of Firestone and the Firestone Urban Renewal Authority is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Cooperation Agreement on behalf of the Town. Section 3. All actions heretofore taken by Town officers and staff relating to the subject matter of the Cooperation Agreement consistent with its terms are hereby are, ratified, approved and confirmed. rNTRODUCED, READ, and ADOPTED this 131, day of ', , 2017. Mayor ATTEST: rw( SE 10 0Z �Q u o�; �...... 0O Leah Vanarsdall, Town Clerk G AMENDED AND RESTATED COOPERATION AGREEMENT TOWN OF FIRESTONE - FIRESTONE URBAN RENEWAL AUTHORITY THIS AMENDED AND RESTATED COOPERATION AGREEMENT ("Agreement") is made and executed by and between the TOWN OF FIRESTONE, COLORADO ("Town") and the FIRESTONE URBAN RENEWAL AUTHORITY ("FURA"), referred to collectively as the "parties." WITNESSETH: WHEREAS, the Town is a statutory town of the State of Colorado authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, FURA is a public body corporate and politic organized as of July 24, 2009 and authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part I of Article 25 of Title 31, C.R.S. (the "Act"); and WHEREAS, FURA and the Town desire to enter into this Agreement to confirm certain mutual understandings regarding the provision of support services to FURA by the Town and allocation of Tax Increment Financing ("TIF") revenues; and WHEREAS, the Town Board of Trustees approved the Urban Renewal Plan for the Southern Firestone Urban Renewal Area on February 3, 2010, the Urban Renewal Plan for the Northern Firestone Urban Renewal Area on June 12, 2013, and the Urban Renewal Plan for the Central Firestone Urban Renewal Area on December 16, 2015 (hereinafter referred to collectively as the "Plans"), which Plans include a provision for use of property TIF financing, as contemplated by C.R.S. § 31-25-107(9)(a), for the purposes authorized by the Act; and WHEREAS, the Town and FURA desire to confirm by this Agreement their understandings regarding allocation of Town property tax TIF generated within the areas within the Plans, and their understandings regarding authorization and uses of any municipal sales tax increment generated within the areas within the Plans; and WHEREAS, the Act and Section 18, Article XIV of the Colorado Constitution authorize the parties to enter into cooperation agreements; NOW THEREFORE, in consideration of the foregoing and the following terms and conditions, the parties agree as follows: 1. Support Services. The parties agree the Town in its discretion may provide support services to FURA as may be desired to carry out the duties, operations and functions of FURA. Support services may include, without limitation, administrative, managerial, planning, financing, accounting, engineering, legal, and other services, including Town employee and/or outside consulting services ("Support Services"). The Town Manager is authorized to serve as Executive Director of FURA as provided in the Act and subject to budgetary requirements shall direct the utilization of Support Services as may be required to carry out the duties, operations and functions of FURA. 2. Advance of Operating Funds. The Town may annually advance to FURA an amount of operating funds ("Operating Funds") to be determined by appropriation by the Town Board of Trustees. Operating Funds shall be used by FURA for Support Services and other costs incurred by FURA in accordance with the Act, this Agreement and approved Town and FURA budgets. FURA is not required to reimburse any Operating Funds advanced to it by the Town. 3. Allocation of Town Property Tax Levy. FURA agrees to transfer to the Town all of the increase in property tax revenues calculated, produced, and allocated to FURA as a result of the levy of the Town upon taxable property within any area within any of the Plans and within the Town pursuant to and in accordance with Section 31-25-107(9)(a)(11) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado (the "Town Tax Levy Allocation"). FURA shall transfer to the Town, on or before the 15t' day of each month or at such other times as the parties shall agree (but no less frequently than annually) all Town Tax Levy Allocation revenues received by FURA through the preceding month. This Section applies only to the Town Tax Levy Allocation revenues and does not include any other revenues of Firestone or FURA. 4. Town Sales Tax. The parties agree that allocation of any municipal sales taxes for purposes of any of the Plans shall occur only upon approval of the Board of Trustees of the Town. Any such approval shall be by separate, future resolution of the Board of Trustees, setting forth the specific amount(s) and purpose(s) for which the municipal sales tax increments are proposed to be used. The Board of Trustees of the Town may approve or deny any proposed allocation of any municipal sales tax increment in its discretion. 5. Continuing Cooperation. The parties shall cooperate to carry out and complete the Plans and other urban renewal plans as approved by the Board of Trustees of the Town, and agree to give timely consideration to any additional agreements or amendments to this Agreement that may be necessary or convenient in connection therewith. The parties also agree they will execute, deliver and furnish such other instruments, documents, materials, and information as may be reasonably required to carry out the Agreement. 6. Obligations Subiect to Act and Constitution. The covenants, duties and actions required of the parties under this Agreement shall be subject to and performed in accordance with the provisions and procedures required and permitted by the Act, any other applicable provision of law, and the Colorado Constitution. 7. Enforced Delay. Neither party shall be considered in breach of, or in default in, its obligations with respect to this Agreement in the event of delay in the performance of such obligations due to causes beyond its control and without its fault, it being the purpose and intent of this provision that if such delay occurs, the time or times for performance by either party affected by such delay shall be extended for the period of the delay. 2 8. No Third Party Beneficiaries. Neither the Town nor FURA shall be obligated or liable under the terms of this Agreement to any person or entity not a party hereto. 9. Severability. In case any one or more of the provisions contained in this Agreement or any application thereof, shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement, or any other application thereof, shall not in any way be affected or impaired thereby. 10. Binding Effect. Subject to compliance with Section 12, below, this Agreement shall be binding upon and inure to the benefit of the parties, their successors, legal representatives, and assigns. 11. Separate Parties. Nothing in this Agreement shall be interpreted in any manner as constituting the parties as partners or joint venturers or as constituting one party or its officials, representatives, or employees as agents of the other party. Each party is and shall remain a separate legal entity pursuant to applicable law, and neither of the parties hereto shall be deemed to hereby assume the debts, obligations, or liabilities of the other. 12. Assignment. This Agreement shall not be assigned in whole or in part by either party without the prior written approval of the other party. 13. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado. 14. Headings. Section headings in this Agreement are for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 15. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. No addition to or modification of the Agreement shall be effective except by written agreement authorized and executed by the parties. 16. No Waiver of Immunities. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 17. Effective Date. This Agreement shall be binding and effective as to each of the Plans commencing upon the respective date of approval of each of the Plans; to wit, commencing February 3, 2010 with respect to the Urban Renewal Plan for the Southern Firestone Urban Renewal Area; commencing June 12, 2013 with respect to the Urban Renewal Plan for the Northern Firestone Urban Renewal Area; and commencing December 16, 2015 with respect to the Urban Renewal Plan for the Central Firestone Urban Renewal Area. 18. Prior Agreement Superseded. This Agreement supersedes and replaces in its entirety that Cooperation Agreement approved by the governing bodies of the parties on September 23, 2010. 3 19. Ratification. The parties agree that all actions heretofore taken by the parties in furtherance of agreements set forth herein are hereby ratified, approved and confirmed. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Agreement effective as of the day and .year first above written. ATTEST: M ATTEST: OF FIRESTONE Vanarsdall, Town a14�F1jaul Sorenson, Mayor �RESTpN STONE URBAN RENEWAL AUTHORITY ~'OWN'' yalmauel Bye � ' 1` Secretary y' ; antha Meiring, Chairp on 2�_ ,f0 4 RESOLUTION NO. 17-56 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE 2017 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2018 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Firestone on December 13, 2017 adopted the annual budget for the 2018 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 2018 budget year; and WHEREAS, the 2017 valuation for assessment for the Town of Firestone as certified by the County Assessor is $205,870,587; 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 2018 budget year by December 15, 2017, and by this Resolution desires to so certify its general 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 2018 budget year, there is hereby levied a tax of 6.805 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2017. Section 2. That the Town Controller 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 131h day of December, 2017. ��RES TpN� TOW Attest: { SEA,, 1 o° p 14Q Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen, ayor RESOLUTION NO. 17-55 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 2018 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 13, 2017; 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 Sales Tax Capital Improvement Fund (1 %) $ 29,921,792 $ 1,778,824 Sales and Use Tax — Police Facilities Capital Improvement Fund (.6%) $ 11,249,600 Firestone Finance Authority Firestone Urban Renewal Authority — Southern Firestone Urban Renewal Authority — Northern Firestone Urban Renewal Authority — Central Water Fund Stormwater Fund Debt Service Fund Highway Fund Parks Fund $ 148,425 $ 495,503 $ 915,775 $ 40,077 $ 19,530,545 $ 388,721 $ 0 $ 0 $ 0 1 Conservation Trust Fund Open Space Fund Capital Improvement Fund Firestone Urban Renewal Authority $ 0 $ 0 $ 0 $ 0 $ 64,469,262 INTRODUCED, READ, and ADOPTED this l 3th day of December, 2017. TOWN OF FIRESTONE TOWN LC2�, f. 10 Paul Sorensen, Mayor SEAL io ti Q Attest: Leah Vanarsdall, Town Clerk F4 RESOLUTION NO. 17-54 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, 2018 AND ENDING ON THE LAST DAY OF DECEMBER, 2018. WHEREAS, the Board of Trustees of the Town of Firestone has directed the Town Manager to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Manager has submitted a final proposed budget to this governing body on December 13, 2017 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, an "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 debt service; 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 calendar year beginning on the first day of January 2018 and ending on the last day of December 2018. Section 2. The Board of Trustees hereby confirms that as part of said 2018 Budget, there is designated a portion of Water Fund net assets for future Northern Integrated Supply Project (NISP) participation costs, as set forth on the "Calculation for Unrestricted Board Designated Water Net Assets for NISP Project Costs " within such Budget. Section 3. 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 13'h day of December, 2017. Attest: Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO /0 Mayor 2 RESOLUTION NO. 17-53 A RESOLUTION APPROVING A LICENSE AGREEMENT WITH TELOS ONLINE, INC. FOR PLACEMENT OF MICROWAVE RADIO TRANSMISSION FACILITIES ON A TOWN -OWNED TOWER LOCATED AT 9571 FRONTIER STREET WHEREAS, Telos Online, Inc. ("Telos") desires to install a microwave radio transmission facility consisting of antennae and associated equipment on a Town -owned freestanding meter reading tower located at 9571 Frontier Street; and WHEREAS, the Town is willing to grant Telos a license for such purpose, in the form of license agreement accompanying this Resolution, in exchange for Telos providing certain wireless links between several Town buildings; and WHEREAS, the Board of Trustees by this Resolution desires to approve such license agreement and authorize its execution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The proposed License Agreement ("Agreement") between the Town of Firestone and Telos Online, Inc. for the installation of a microwave radio transmission facility consisting of antennae and associated equipment on a Town -owned freestanding meter reading tower located within the Town's Central Park Property at 9571 Frontier Street is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. 2. The Mayor is authorized to execute the Agreement, except that the Mayor is hereby granted the authority 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. 3. The Mayor, Town Manager and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Agreement, and to execute and deliver any and all documents necessary to effect the license provided for under such Agreement, upon Telos's compliance with its obligations thereunder and all terms and conditions of said Agreement. INTRODUCED, READ AND ADOPTED this 84 day of �Q,�p„-?,�P.� , 2017. a_kuNE WN OF FIRESTONE, COLORADO 004 n Paul Sorensen Mayor `,-"TOWN I J ATTEST: 10 Leah Vahar, Town Clerk RESOLUTION NO. 17-52 A RESOLUTION APPROVING A WORKING RESERVE POLICY AND CAPITAL RESERVE POLICY FOR THE TOWN OF FIRESTONE WHEREAS, the Board of Trustees finds it to be prudent financial practice to maintain adequate levels of working reserve in the Town's General Fund, and that maintaining adequate working reserve levels are a critical consideration to the Town's long-term financial planning; and WHEREAS, the Board of Trustees finds that accumulating and maintaining a capital reserve as part of the Town's annual budgeting process helps ensure the Town maintains a level of cash fund balances to help offset costs of future capital replacement and capital outlay needs; and WHEREAS, to further such financial interests of the Town, the Board of Trustees desires to adopt a Working Reserve Policy and a Capital Reserve Policy for the Town. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves and adopts the Working Reserve Policy and Capital Reserve Policy attached to this Resolution. Section 2. The Working Reserve Policy and Capital Reserve Policy approved and adopted by this resolution shall take effect November 8, 2017 and apply beginning with the fiscal year 2017 amended budget, and shall replace and supersede any prior inconsistent policies. INTRODUCED, ADOPTED AND RESOLVED THIS 4 DAY OF IUO(XM4?A ,2017. TOWN OF FIRESTONE, COLORADO �5[ONE Paul Sorensen, Mayor D ATTEST: Io Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN REGARD TO RECEIPT OF A 45 DAY NOTICE CONCERNING ST. VRAIN LAKES METROPOLITAN DISTRICT NOS. 1-4 RESOLUTION NO. 17-51 WHEREAS, the Town of Firestone (the "Town"), is a Colorado statutory town duly organized and existing under the laws of the State of Colorado; and WHEREAS, the members of the Board of Trustees of the Town (the "Board of Trustees") have been duly elected and qualified; and WHEREAS, on August 28, 2006, the Board of County Commissioners of Weld County, Colorado approved a Consolidated Service Plan (the "Service Plan") for the organization of the St. Vrain Lakes Metropolitan District Nos. 1-4 pursuant to Section 32-1-203, C.R.S., and the St. Vrain Lakes Metropolitan District Nos. 1-4 (the "Districts") were subsequently organized as special districts on November 29, 2006; and WHEREAS, the Town subsequently annexed the property within the boundaries of the Districts pursuant to Ordinance No. 854, adopted by the Board of Trustees on November 9, 2014, and Ordinance No. 871, adopted by the Board of Trustees on May 27, 2015; and WHEREAS, in accordance with an Annexation Agreement between the Districts and the Town dated May 27, 2015, the Board of Trustees adopted Resolution No. 15-50 on October 28, 2015, wherein the Town accepted designation as the approving authority for the Districts under Section 32-1-101, et seq. of the Colorado Revised Statutes (the "Special District Act"); and WHEREAS, the Town and the Districts entered into that certain Intergovernmental Agreement Between the Town of Firestone, Colorado and St. Vrain Lakes Metropolitan District Nos. 1-4 dated December 9, 2015 (the "IGA"), wherein the Districts agreed to collect, transfer and convey an amount equal to five (5) mills of the Districts' mill levy to the Town (the "Firestone Levy"), which funds are to be used by the Town to maintain regional parks, regional trails and public streets within the boundaries of the Districts and for any other lawful purpose at or benefitting the property within the boundaries of the Districts, provided that such purpose is one authorized both to the Town and to the Districts under law, including, respectively, Title 31 and Title 32 of the Colorado Revised Statutes; and WHEREAS, pursuant to Section 32-1-207 (3)(b) of the Special District Act, the Districts have submitted a Notice to the Town setting forth certain actions that the Districts intend to take in connection with the proposed issuance of bonds by District No. 2 (the "Notice"), which Notice is attached hereto as Exhibit A to this Resolution; and WHEREAS, under the Special District Act, no action may be brought by the Town to enjoin the activities proposed by the Districts in the Notice, unless such action is commenced within forty-five (45) days after the Districts have published the Notice; and WHEREAS, the Districts published the Notice on October 5, 2017, and any action to enjoin the activities described in the Notice must therefore be commenced no later than November 19, 2017; and WHEREAS, the Board of Trustees has reviewed the Notice and has determined that the Town will not take any action to enjoin the activities proposed to be undertaken by the Districts in the Notice. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town hereby determines and agrees that it shall not take any action to enjoin the activities proposed to be undertaken by the Districts in the Notice attached hereto as Exhibit A and by this reference made a part hereof Section 2. The Town's determination not to take any action to enjoin the activities set forth in the Notice (a) shall not in any manner amend, effect, alter, change or constitute any waiver or release of any terms, conditions, provisions, or requirements of the IGA, including the Districts' obligation to levy, collect and remit the Firestone Levy as set forth in the IGA, (b) shall not in any manner amend, effect, alter, change or constitute any waiver or release of any terms, conditions, provisions, or requirements of any development plans, annexation agreement, subdivision agreement, and other agreements with the Town governing development and the completion of public improvements within the Districts, all of which plans and agreements remain in full force and effect in accordance with their terms, and (c) shall not be construed as a waiver of any of the Town's rights or remedies under the Service Plan, except as specifically set forth in the Notice. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, ADOPTED AND RESOLVED THISX�DAY OF , 2017. TOWN OF FIRESTONE, COLORADO •''TOWN ATTEST: o Paul Sorensen, Mayor 0 Leah Vanarsdall, Town Clerk K 38653975.v2 EXHIBIT A (Attach Notice) 38653975.v2 NOTICE OF INTENT TO UNDERTAKE CERTAIN ACTIONS ST. VRArn LANs METROPOLITAN Dwrfucr No. 2 TOWN OF FIRESTONE, COLORADO NOTICE IS HEREBY GIVEN that St. Vrain Lakes Metropolitan District No. 2, a special district in the Town of Firestone (the "Town"), Weld County (the "County"}, Colorado (the "District"), intends to undertake certain actions pertaining to the issuance of bonds. This notice is being given pursuant to Section 32-1-207(3)(b), Colorado Revised Statutes. In general, the District intends to issue bonds in one or more series for the purpose of paying or reimbursing the costs of public improvements benefitting the District, funding reserves and paying associated costs of the financing (the "Proposed 2017 Bonds"), pursuant to the District's Service Plan approved by the County on August 30, 2006 and now subject to the jurisdiction of the Town (the "Service Plan'. The Proposed 2017 Bonds will be issued in one or more series at such time or times as may be determined by the Board of Directors of the District (the "Board"). Paragraph VI.C. of the Service Plan provides that the Maximum Debt Mill Levy shall be fifty (50) nulls but the Service Plan does not include any categorization of the imposition of five (5) mills required by an Intergovernmental Agreement with the Town (the "Firestone Levy"). It is the intention of the District to treat the Firestone Levy as being excluded from the limitation of the Maximum Debt Mill Levy based upon it being required under a District IGA, which is expressly excluded from the definition of Debt, thereby allowing the District to pledge the full Maximum Debt Mill Levy of fifty (50) mills, as adjusted per the Service Plan, towards the repayment of the Proposed 2017 Bonds. In no event shall the Maximum Debt Levy, the Firestone Mill Levy and any other operational levy of the Districts exceed the Maximum Aggregate Mill Levy of sixty-five (65) mills as set forth in the Service Plan. Nothing contained in this Notice shall impair or affect the rights or obligations of the District or the Town regarding the imposition or collection of the Firestone Levy, which shall continue to be governed by the terms of the Intergovernmental Agreement. Paragraph II.C. of the Service Plan provides, "[a]ll Debt payable from a pledge of property taxes is subject to the Maximum Debt Mill Levy, the Maximum [Debt) Mill Levy Imposition Terns and Debt Limitation." Paragraph V.13.5. of the Service Plan further states that, "[a]ll Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the County as part of a Service Plan Amendment." Pursuant to Paragraph II of the Service Plan, "Maximum Debt Mill Levy Imposition Term" is defined to mean "...the maximum term for imposition of a mill levy for any individual Debt issuance, as described in paragraph VI.D, below." Paragraph VI.D. of the Service Plan is entitled "Maximum Debt Mill Levy Imposition Term." However, this paragraph does not impose a limitation as to the overall term in which the Maximum Debt Mill Levy may imposed. It is the intention of the District to issue the Proposed 2017 Bonds with a maturity of thirty (30) years as set forth in the Service Plan, but without an express limitation on the term in which the District would be required to impose a property tax to pay such Proposed 2017 Bonds, if not paid in full at maturity. Finally, the Service Plan contains numerous references to the County, as it was the original approving jurisdiction. Due to the fact that the Town has accepted approving authority and jurisdiction over the Districts and the Service Plan, it is the intention of the Districts to interpret the Service Plan as if all references in the Service Plan to "County" have been replaced by `°Town. The District has determined to publish this notice prior to the issuance of the Proposed 2017 Bonds. Any action to enjoin the above -described activities must be brought within forty- five (45) days from publication of this notice, which date is November 19, 2017. PUBLISHED IN: Longmont 7ymes-Call PUBLISHED ON: October 5, 2017 0799.1300; 852989 GARY R. WHITE KRISFEN 0. BEAR WILLIAM P. ANKELE, JR. JENNIFER GRUBER TANAKA CLINT C. WALDRON KRISTIN BOWERS TOMPKINs ROBERTG. ROGF.Rs OF COUNSEL: G EORGE M. ROW LEY GLAIR A7. DiCKHONER WHITE BEAR 1(1 1 TANAKA a . . ATTORNEYS AT LAW October 5, 2017 VIA ELECTRONIC MAIL & U.S. MAIL Town of Firestone Board of Trustees Attn: Leah Vanarsdall 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 LVanarsdall Firestoneco. ov SFAN ALLEN Z'ACHARY P. WHITE CAsEY K. LFKAIIAL TRISHA K. HARRIS HEATHER L. HARTUNG MEGAN J. MURPHY KRISI'IN J. SCHLE:BORN SILVIA FFJKA JOHN R. SHERMAN Re: St. Vrain Lakes Metropolitan District No. 2 Section 32-1-207(3)(b), C.R.S., Notice of Intent to Undertake Certain Actions Dear Board of Trustees: St.. Vrain Lakes Metropolitan District No. 2. (the "District") is a quasi -municipal corporation and political subdivision of the State of Colorado. The District operates under the Consolidated Service Plan for St. Vrain Lakes Metropolitan District Nos. 1-4, approved by Weld County (the "County") under Resolution No. 2006-02402, dated August 30, 2006 (the "Service Plan"), The property located within the St. Vrain Lakes Metropolitan District Nos. 1-4 (the "Districts") was annexed to the Town of Firestone (the "Town") by adoption of Ordinance No. 854 and Ordinance No. 871 on November 9, 2014 and May 27, 2015, respectively (the "Annexation"). On October 28, 2015, the Town Board of Trustees (the "Trustees") adopted Resolution No. 15-50, in accordance with Section 32-1-204.7(1), C.R.S., thereby accepting the Town's designation as the approving authority for the Districts. The District is proposing issuing bonds in one or more series for the purpose of paying or reimbursing.the costs of public improvements benefitting the District, funding reserves and paying associated costs of the financing (the "Proposed 2017 Bonds"). In anticipation of issuing the Proposed 2017 Bonds, a review of the Service Plan was conducted by the District's general counsel and bond counsel (collectively, "Legal Counsel"). As described below, that review identified two parts of the Service Plan requiring clarification by Legal Counsel, neither of which rise to, the level of a material modification. Despite the Service Plan being originally approved by the County, the anticipated actions of the District described in this letter are entirely consistent with the current "model service plan" and service plan policies of the Town. 2154 E. Commons Ave., Ste. 2000 1 Centennial, CO 80122 1 P 303.858.1800 F 303.858.1801 1 WhiteBearAnkelexom Board of Trustees, Town of Firestone Re: 5t. Wain Lakes Metropolitan District No. 2 October 5, 2017 Page 2 Pursuant to Section 32-1-207(3)(b), C.R.S., no action may be brought to enjoin the issuance of the Proposed 2017 Bonds unless such action is commenced within forty-five days after the District has published notice (the "Notice") of its intention to undertake certain actions related to the issuance of the Proposed 2017 Bonds. This letter provides additional background information and an explanation of the enclosed Notice that will be published prior to the issuance of the Proposed 2017 Bonds. Maximum Debt Mill Levy Pargraph VI.C. of the Service Plan provides that the "Maximum Debt Mill Levy" shall be fifty (50) mills. On December 9, 2015, the Town entered into an Intergovernmental Agreement with the Districts (the "Firestone IGA") whereby the Districts became obligated to annually impose a levy of five (5) mills (the "Firestone Levy") and remit the revenues generated by such levy to the Town for the purpose of the Town's operation and maintenance of certain regional parks, regional trails and public streets for the benefit of the Districts. Because the Service Plan was approved by Weld County, prior to the Annexation, the Firestone Levy was not contemplated by the Service Plan. As such, the District has interpreted the Firestone Levy as being outside of the limitation of the Maximum Debt Mill Levy. In other words, the District intends to proceed as if the Firestone Levy does not count against the fifty (50) mills Maximum Debt Mill Levy limit and is instead a mill levy imposed in addition to the Maximum Debt Mill Levy but explicitly subject to the overall Maximum Aggregate Mill Levy of the Districts of sixty-five (65) mills. As a result of this interpretation, the District's financial model anticipates a pledge of the permitted Maximum Debt Mill Levy of fifty (50) mills for repayment of the Proposed 2017 Bonds. The District's position that the Firestone Levy does not count against the Maximum Debt Mill Levy is based on the following facts: (i) the Firestone IGA establishes that the revenues generated by the Firestone Levy be used by the Town for maintenance purposes, not debt service or capital purposes; (ii) the Firestone Levy was not originally contemplated by the Service Plan and should not diminish the ability of the District to pledge fifty (50) mills towards the repayment of the Proposed 2017 Bonds for purposes of facilitating construction of the Public Improvements contemplated under the Service Plan; and (ill) the Firestone IGA falls within the Service Plan definition of "District IGAs," which are exempt from the definition of "Debt" and therefore the Firestone Levy should not be categorized as a debt levy but instead as a multi -fiscal year maintenance levy due to the Town per the Firestone IGA. Maximum Debt Mill Levy Imposition Term Paragraph II.C. of the Service Plan provides, "[a]ll Debt payable from a pledge of property taxes is subject to the Maximum Debt Mill Levy, the Maximum [Debt] Mill Levy Imposition Term and Debt Limitation." Paragraph V.B.5. of the Service Plan further states that, "[a]ll Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by 0799,1300: 852989 Board of Trustees, Town of Firestone Re: St. Vrain Lakes Metropolitan District No. 2 October 5, 2017 Cage 3 the County as part of a Service Plan Amendment." Pursuant to Paragraph II of the Service Plan, "Maximum Debt Mill Levy Imposition Term" is defined to mean "...the maximum term for imposition of a mill Ievy for any individual Debt issuance, as described in paragraph VI.D, below." Paragraph VI.D. of the Service Plan is entitled "Maximum Debt Mill Levy Imposition Term." Despite its title, this Paragraph does not provide a limitation as to the overall term that the Maximum Debt Mill Levy may be imposed but instead states that, "...any individual Debt issuance shall mature not later than thirty years from its date of issue (emphasis added)..." The Proposed 2017 Bonds have been sized with the anticipation that revenues will be sufficient to pay the Proposed 2017 Bonds thirty years from the date of their issuance (the maturity date), in accordance with the Service Plan, but without an express limitation on the term in which the District would be required to impose a property tax to pay such Proposed 2017 Bonds, if not paid in full at maturity. To the extent debt service is not paid as it becomes due on the Proposed 2017 Bonds, the District would continue to be obligated to impose the Maximum Debt Mill Levy, subject to applicable maximum repayment authority of the authorizing election. The County engaged in a thorough review of the Service Plan prior to its approval and provided extensive comments. At the time of the approval of the Service Plan, the County's proposed policy and comments received by County staff indicated that "Districts shall be limited to debt issuance for a maximum of 15 years with a maximum maturity of 30 years." As a result of the extended phasing associated with the development of the St. Vrain project and necessary public improvements, Paragraph VI.D. of the Service Plan makes it clear that the fifteen year issuance limitation is inapplicable and there shall not be a maximum debt levy imposition term but rather the Districts are bound only to the maximum maturity of thirty (30) years. The County reviewed this paragraph of the Service Plan and allowed the deviation from the County policy to permit the Districts to issue debt beyond the fifteen year limitation to accommodate the extended development timeframe, and eliminated any limitation on the term for which a debt service mill levy could be imposed. This accommodation is expressly described in Paragraph VI.D. of the Service Plan. Replacing County with Town As described above, the Town took jurisdiction of the Service Plan upon completion of the Annexation. Therefore, throughout the Service Plan, there are numerous references to County, as opposed to Town. Due to the fact that the Town is now the approving authority for the Districts and the Service Plan, it is the intention of the District to treat all references to County as being references to the Town for purposes of the issuance of the Proposed 2017 Bonds and all other Service Plan matters on a going forward basis. In accordance with Section 32-1-207(3)(b), C.R.S., the Notice of the District's proposed actions was published in the Longmont Times -Call on October 5, 2017, and the forty-five day period will expire on November 19, 2017. Additionally, the Notice has been filed with the Weld County District Court. It is our understanding that the Town may wish to adopt a resolution expressing that it does not have any objections to the actions of the District described in this letter and under the 0799.1300: 352989 Board of Trustees, Town of Firestone Re: St. Vrain Lakes Metropolitan District No. 2 October 5, 2017 Page 4 Notice. In order to accomplish an issuance in advance of year-end, the Districts are moving forward with necessary documentation and the process associated with the Proposed 2017 Bonds. Accordingly, the Districts would appreciate an expeditious review of this matter by the Town and adoption of any resolution deemed necessary in advance of the expiration of the forty- five day period to eliminate any uncertainty regarding the Town's position on the actions described herein. If you have any questions or comments regarding this matter, please do not hesitate to contact us at your earliest convenience. Sincerely, WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law Blair M. Dickhoner CC' St. Vrain Lakes Metropolitan District No. 2 Board of Directors Sam Light, Town Attorney Monica Rosenbluth, Special Counsel to Town Kim Reed, District Bond Counsel Zach Bishop, Underwriter for Proposed 2017 Bonds Enclosure 0799. l 300: 852989 NOTICE OF INTENT TO UNDERTAKE CERTAIN ACTIONS ST. VRAIN LAKES METROPOLITAN DISTRICT NO.2 TOWN OF FIRESTONE, COLORADO NOTICE IS HEREBY GIVEN that St. Vrain Lakes Metropolitan District No. 2, a special district in the Town of Firestone (the "Town"), Weld County (the "County"), Colorado (the "District"), intends to undertake certain actions pertaining to the issuance of bonds. This notice is being given pursuant to Section 32-1-207(3)(b), Colorado Revised Statutes. In general, the District intends to issue bonds in one or more series for the purpose of paying or reimbursing the costs of public improvements benefitting the District, funding reserves and paying associated costs of the financing (the "Proposed 2017 Bonds"), pursuant to the District's Service Plan approved by the County on August 30, 2006 and now subject to the jurisdiction of the Town (the "Service Plan"). The Proposed 2017 Bonds will be issued in one or more series at such time or times as may be determined by the Board of Directors of the District (the "Board"). Paragraph VI.C. of the Service Plan provides that the Maximum Debt Mill Levy shall be fifty (50) mills but the Service Plan does not include any categorization of the imposition of five (5) mills required by an Intergovernmental Agreement with the Town (the "Firestone Levy"). It is the intention of the District to treat the Firestone Levy as being excluded from the limitation of the Maximum Debt Mill Levy based upon it being required under a District IGA, which is expressly excluded from the definition of Debt, thereby allowing the District to pledge the full Maximum Debt Mill Levy of fifty (50) mills, as adjusted per the Service Plan, towards the repayment of the Proposed 2017 Bonds. In no event shall the Maximum Debt Levy, the Firestone Mill Levy and any other operational levy of the Districts exceed the Maximum Aggregate Mill Levy of sixty-five (65) mills as set forth in the Service Plan. Nothing contained in this Notice shall impair or affect the rights or obligations of the District or the Town regarding the imposition or collection of the Firestone Levy, which shall continue to be governed by the terms of the Intergovernmental Agreement. Paragraph II.C. of the Service Plan provides, "[a]ll Debt payable from a pledge of property taxes is subject to the Maximum Debt Mill Levy, the Maximum [Debt] Mill Levy Imposition Term and Debt Limitation." Paragraph V.13.5. of the Service Plan further states that, "[a]ll Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the County as part of a Service Plan Amendment." Pursuant to Paragraph II of the Service Plan, "Maximum Debt Mill Levy Imposition Term" is defined to mean "...the maximum term for imposition of a mill levy for any individual Debt issuance, as described in paragraph VI.D, below." Paragraph VI.D. of the Service Plan is entitled "Maximum Debt Mill Levy Imposition Term." However, this paragraph does not impose a limitation as to the overall term in which the Maximum Debt Mill Levy may imposed. It is the intention of the District to issue the Proposed 2017 Bonds with a maturity of thirty (30) years as set forth in the Service Plan, but without an express limitation on the term in which the District would be required to impose a property tax to pay such Proposed 2017 Bonds, if not paid in full at maturity. Finally, the Service Plan contains numerous references to the County, as it was the original approving jurisdiction. Due to the fact that the Town has accepted approving authority and jurisdiction over the Districts and the Service Plan, it is the intention of the Districts to interpret the Service Plan as if all references in the Service Plan to "County" have been replaced by "Town." The District has determined to publish this notice prior to the issuance of the Proposed 2017 Bonds. Any action to enjoin the above -described activities must be brought within forty- five (45) days from publication of this notice, which date is November 19, 2017. PUBLISHED IN: Longmont Tlmes-Call PUBLISHED ON: October 5, 2017 0799.1300; 852989 TOWN OF FIRESTONE, COLORADO RESOLUTION NO. 17- 49 A RESOLUTION SUPPORTING REAUTHORIZATION BY THE GENERAL ASSEMBLY OF THE COLORADO LOTTERY DIVISION IN 2018 WHEREAS, Colorado voters provided for a statewide lottery, and in a subsequent election adopted the Great Outdoor Colorado (GOCO) amendment to the state constitution, which directs that lottery profits be used for parks, open space, wildlife, and outdoor recreation purposes; and WHEREAS, following the voters' approval of a lottery, the General Assembly created a Lottery Division in the State Department of Revenue to administer the lottery; and WHEREAS, as provided in the GOCO amendment, lottery profits are allocated to the Great Outdoors Colorado Trust Fund (GOCO Trust Fund), the Conservation Trust Fund, and to the Colorado Division of Parks and Wildlife; and WHEREAS, since 1992, the GOCO Trust Fund has distributed approximately $1 billion in grants for projects to improve communities in all of Colorado's 64 counties. Funds have helped connect families to the outdoors, improved local trails and parks, built outdoor recreation facilities, preserved ranchiands, water resources, and view corridors, improved river access and quality and conserved wildlife habitat; and WHEREAS, the GOCO Trust Fund has distributed over $770,000 directly to the Town of Firestone, Colorado between 2011 and 2013 for these purposes; and WHEREAS, since 1983 the Conservation Trust Fund has distributed approximately $1 billion in grants to counties, municipalities, and special districts for acquisition, development, and maintenance of new conservation sites, capital improvements, and maintenance for recreational purposes on public sites; and WHEREAS, the Conservation Trust Fund has distributed over $600,000 directly to the Town of Firestone, Colorado between 2003 and 2017 for these purposes; and WHEREAS, since 1992 the GOCO Trust Fund has distributed approximately $21 S million of lottery proceeds in support of Colorado's 42 state parks —including funding in support of St. Vrain State Park in Firestone —funding parkland acquisition, park development and operations, trail construction and maintenance, environmental education, youth and volunteer programs and stewardship and natural resource management; and WHEREAS, the Colorado Lottery Division is critical to the administration of the entire GOCO program and the Division is set to expire unless extended by the General Assembly, which during its 2018 session will consider legislation to extend the Division to 2039; NOW THEREFORE, BE IT RESOLVED, that the Town of Firestone, Colorado strongly urges the General Assembly to approve legislation during its 2018 session_ to reauthorize the Colorado lottery division until 2039. PASSED AND ADOPTED this 25 h day of _October , 2017. S1pl1! Paul Sorensen, Mayor ATTEST: &N�';.";;,� " Leah Vanarsdall, ToNk<p .._. �,;: GOB f.�1�.Y1171iJ1�11�)tt;[I��F.j A RESOLUTION GRANTING TOWN STAFF AUTHORITY TO ENTER INTO AGREEMENTS FOR THE PURPOSE OF OPENING SAFE DEPOSIT BOXES AND GRANTING ACCESS TO SAID SAFE DEPOSIT BOXES WHEREAS, the Town has safe deposit boxes with banks, depositories and financial institutions; and WHEREAS, the Board of Trustees has previously authorized certain Town staff to enter into agreements for the purpose of opening safe deposit boxes and to access,safe deposit boxes; and WHEREAS, the Board of Trustees desires to cancel the authorizations given to certain former staff as such persons are no longer employed by the Town; and WHEREAS, the Board of Trustees desires to authorize certain Town staff to enter into agreements for the purpose of opening safe deposit boxes and to access said safe deposit boxes; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby cancels the authorizations previously granted to Carissa Medina and Alison Westerhold to enter into agreements for the purpose of opening safe deposit boxes and/or to access said safe deposit boxes located at banks, depositories and financial institutions. Section 2. The Board of Trustees hereby authorizes Jennifer Weinberger, Assistant Town Manager as an authorized individual of the Town of Firestone to enter into an agreement for the purpose of opening safe deposit boxes with banks, depositories and financial institutions, and further hereby grants authority to Leah Vanarsdall, Town Clerk, and Julie Pasillas, Director of Community Resources, to have access to said safe deposit boxes located at banks, depositories and financial institutions. Section 3. The Mayor and Town staff are hereby authorized to execute and deliver any and all documents necessary to effect the matters herein. INTRODUCED, ADOPTED AND RESOLVED THIS 11th DAY OF October, 2017. WN OF FIRESTONE, COLORADO ��.-TO - �~�F, Paul Sorensen, Mayor A EST: �OwN 10 Leah Vanarsdall, Town Clerk O� �oU� � �o RESOLUTION NO. 1747 A RESOLUTION APPROVING A REVISED FINAL DEVELOPMENT PLAN FOR BAREFOOT LAKES FILING NO.2 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a revised final development plan for Barefoot Lakes Filing No. 2; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 proposed revised 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 1. The revised Final Development Plan for Barefoot Lakes Filing No. 2 is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 27`h day of September, 2017. Mayor ATTEST: Leah Vanarsdall, Town Clerk EXHIBIT A Revised Final Development Plan Barefoot Lakes Filing No. 2 Conditions of Approval The revised Filing No. 2 Final Development Plan shall not be recorded until after the Barefoot Lakes Regional Park Filing No. I Final Plat and Final Development Plan have been recorded. 2. Execute a subdivision agreement, in a form to be approved by the Town Attorney. 4i27.flO17 11:31 AM [",] R:Vat9um%SubdM%ions\Bardoot F2 Rniscd FDP.TB rcd= RESOLUTION NO. 1746 A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR BAREFOOT LAKES REGIONAL PARK FILING NO. 1 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final plat and final development plan for Barefoot Lakes Regional Park Filing No. l; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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: Section 1. The Final Plat and Final Development Plan for Barefoot Lakes Regional Park Filing No. 1 is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED today of September, 2017. ATTEST: _siair, • FIKtS l� TpwN.'L;P r�f lot ....o �QQ G Paul Sorensen, ayor EXHIBIT A Final Plat and Final Development Plan Barefoot Lakes Regional Park Filing No. 1 Conditions of Approval Revise application materials to address comments set forth in the Town Engineer's memorandum dated July 13, 2017, a copy of which is attached hereto as Exhibit A-1 . 2. Execute a subdivision agreement, in a form to be approved by the Town Attorney. 3. Delete all references to "contractor," including references to "GC and EC," throughout the FDP. 4. On Sheets 18-20, provide an updated Lighting Plan, Electrical Plan and Photometric Plan sheet that shows another bollard will be provided midway between the restroom and drop-off area. 5. On Sheets 5 and 8, update FFE callout on Site Plan sheets to read "4828.25." 6. The pier and dock shall not be constructed until after there has been executed a license agreement among the Town, developer and St. Vrain Lakes Metropolitan District setting forth the developer's and district's responsibilities for construction, maintenance and operation of the pier and dock facilities and for provision of recreation services using the pier and dock. The foregoing requirement shall be included in the Subdivision Agreement. 7. Work with Public Works Director to confirm final materials for playground equipment; use treated wood or other enhanced materials where mutually agreed, in order to reduce long-term maintenance. 8. Revise landscape plans to provide that cottonwood trees shall be seedless (male cultivar) varieties. 4 EXHIBIT A-1 .._ r -: _�_=a- COLORADOo j� . ��� Memo CIVIL GROUP, INC. fngfawdng Cwwrrants TO: Mr. Bruce Nickerson, Town of Firestone, Town Manager FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer QD Amber Messersmith, Colorado Civil Group, Inc., Town Engineer xbt DATE: July 13, 2017 SUBJECT: Barefoot Lakes Regional Park Filing No. 1 PROJECT No.: 0668.0413.05 We have completed our review of the Barefoot Lakes Regional Park Filing No. 1 Final Plat, Final Development Plan, and Final Utility Plan 3`d submittal application received on May 29, 2017. We offer the following comments: General: 1. The park is located within the 100-year FEMA floodplain. The applicant is processing a LOMR-F application with FEMA to adjust to the 100-year FEMA floodplain. The LOMR-F removes the park improvements from the 100-year floodplain. Submittal Binder: 2. Title Commitment (10.3.5) — The last Title Commitment submitted lists the owners in fee as Barefoot LLC, A Colorado Limited Liability Company and St. Wain Metropolitan District No. 1 dated September 19, 2016. An updated Title Commitment is required, dated no later than one month, prior to recording. 3. Legal Description (10.3.6) — This application will have two different aliquot legal descriptions. The Plat legal references the Barefoot Lakes Filing No. 1 Plat and the FDP legal should reference the Regional Park Plat from this application. The Plat legal should be used for publication: LOT 1, BLOCK 14 AND TRACT R, BAREFOOT LAKES FILING NO. 1, RECORDED SETEMBER 24, 2015 UNDER RECEPTION NO. 4145010, TOWN OF FIRESTONE, WELD COUNTY, COLORADO. CONTAINING AN AREA OF 186,258 ACRES, (8,113,396 SQUARE FEET), MORE OR LESS. 3 4. Utility Calculations, Irrigation - The irrigation demand calculations were submitted and reviewed. The average peak flow is 71-gpm and a 2-inch service/meter is called out. However, per AWWA Table 6-1 a 1-5-inch service has a maximum flow of 100-gpm. It appears that a 1.5-inch irrigation service would be adequate, please confirm. 5. Utility Calculations, Domestic Water Service — The water service sizing calculations were reviewed for the restroom. It appears that a 1-inch service/meter will be adequate. The Applicant needs to make sure the Plans have been updated with the new water service size. 6. Utility Calculations, Sanitary — Calculations must be provided for the estimated sanitary sewer demand (with all assumptions given) and for the horsepower required to left sewage from pump to main. Drainage Report: 7. The requested model of the river with the 25,000-cfs was resubmitted and we have no comments. The drainage report was not included in the re -submittal. Please see the previous comments: 8. The drainage report titled "Barefoot Lakes Regional Park Filing No. 1" prepared by Redland dated September 29, 2016, revised February 17, 2017 was reviewed. 9. Narrative Pages 7 and 9 — make the narrative consistent with the Plans and calculations. Subdivision Agreement: 10. A Subdivision Agreement for this application will be drafted by the Town. 11. The Exhibit B—Schedule of Improvements cost estimate for the public improvements was reviewed. The Exhibit B is confusing and we would like to meet with the Applicant to discuss our redlines prior to them addressing them, see redlines. Final Plat (,FP): 12. The Final Plat was not included in the re -submittal. Please see the previous comments: 13. Sheet 3 (11.4.13 Easements) — In the legend for the pedestrian easement add "dedicated to the Town of Firestone". 14. Refer to the Final Plat for any additional redlined comments. Final Development Plan (FDP) Map: 15. Sheets 1-43 (Title) — The title of the FDP needs to the be changed from "Regional Park Filing No. 1" to read "Barefoot Lakes Regional Park Filing No. V to be consistent with the Plat and the construction plans. 4 16. Sheet 2 (FDP Text) — There are several references in the text for "Regional Park", where it should be "Peninsula Park" when referring to the Tract B park. 17. Sheet 2 (10.5.14 Drainage) — Update the Final Drainage Report date as needed. 18. Sheet 2 (Private Maintenance & Enforcement) — The first sentence of the second paragraph should be revised to read: "conditional acceptance" instead of "final acceptance". 19. Sheet 2 (Private Maintenance & Enforcement) — The last sentence of this section regarding the use of herbicides or pesticides within the Lake Edge of the Trail boundary needs to be deleted or specifically state what is allowed and what is not. 20. Sheet 4 (Overall Site Plan & Phasing Plan) — The existing trails should be faded back. The Plan notes state that Peninsula Park will be constructed as one phase and the proposed trails in Tract A as a phase. We are amendable to this. Call out Phase 1 for Peninsula Park and Phase 2 for the Tract A trails. The Exhibit B does not show the Tract A trails as a separate phase. Make the plans consistent with the Exhibit B. Delete the last note about the existing trails bonded at 15% (this is for the Exhibit B, not the FDP). 21. Sheet 5 (Overall Site Plan, Peninsula) — We have no objections to the elimination of the bridge and the new location of the amphitheater, stage, pier, and dock. Picnic shelters and bollards lights have been removed. 22. Sheet 7 (Site Plan, Parking Lot) — The 6.3 keynote for the parking lot gates needs to be added to the list with a detail reference. The gate detail is included in the construction plans. 23. Sheet 12 (Site Details) — The concrete trail section details should be deleted as it is already on Sheet 4. 24. Sheet 15 (Grading Plans) — Refer to FUP comments. 25. Sheet 16 (Utility Plan) - Refer to FUP comments. 26. Sheets 17-19 (10.6.21 Lighting) — There are still references of "Contractor to provide" on these sheets. These references need to be removed from the FDP, but can be on the construction plans. The FDP sheet total needs to be corrected on these sheets. 27. Sheet 19 (Electrical) — The proposed transformer near the parking lot needs to be moved to the south, so there is not a conflict with the future expansion of the parking lot. The Firestone Information block and the FDP title block need to be added to this sheet. Remove "Not for Construction" this is a Final Development Plan. 28. Sheets 20-21 & 28-29 (Site Structures) — The title of these sheets should be changed from "Design Intent Structures" to read "Site Structures". On Sheet 20, the note about deferred design should be deleted. On Sheet 21, the prefabricated site structures design criteria must be deleted from the FDP, but can be on the construction plans. 29. Sheets 22-23 (Site Structures, Restroom) — The canopy profile and color must be specified on the FDP (not "TBD"). Label each elevation as "Restroom". The FDP must include the restroom perspectives that were included in the construction plans. 30. Sheet 24 (Signage & Wayfinding Details) — The FDP must include the trail identity marker locations and detail that was included in the construction plans. The location, text, and amount of trail markers must be determined now with the FDP and not "pending". 31. Sheets 34 & 36 (10.6.32 Landscape) — The water and sanitary sewer service lines for the restroom need to be clearly shown. There should be no trees within 10' and no shrubs within 5' of the water meter, fire hydrant, water service, and sanitary sewer service. Revise the landscaping plan accordingly. 32. Sheets 39-48 (Irrigation) — Refer to FUP comments. 33. See scanned FDP redlines for any additional comments. Construction Plans (Final Utility Plan (FUP)1: 34. Sheet C1.0 (Index) — All of the sheets included in the "Appendix A Landscape Bid Set" must be individually listed on the C1.0 index and included with this construction plan set. The Landscape Bid Set Cover sheet should be deleted from the set. The sheets need to be numbered consistently. 35. Sheets C4.1 & C4.2 (Grading Plan) — It appears that grading needs to be corrected at the handicap ramp on the west side of the drive on Sheet C4.1. The proposed contours need to tie into the existing ground on the west side on the fitness island, Sheet C4.2. 36. Sheet C5.1 (Utility Plan) — The Irrigation service and meter need to be the same size. Also see Comment #4. 37. Sheet C8.0 (Water P&P) — Confirm the correct sizes are called out for the irrigation meter and the water service meter. 38. Sheet C9.6 (Site Details, trail) — The concrete trail section details should be deleted as it is already on Lake Trail Plan & Profiles. 39. Sheet L.4 (Overall Site Plan & Phasing) — Refer to the FDP comments. 40. Sheets L.6-L.10 (Site Plan) — All of the site keynotes references will need to be updated for the construction plans. Refer to the FDP comments. 41. Sheet L.11 (Signage) - The location, text, and number of trail markers must be determined now and shown on the Plans. This sheet needs to be included in the FDP. 42. Sheet L.16 — The title of this sheet needs to be made readable. 43. Refer to FDP for electrical transformer comments. 2 MISc: 44. Sheets L.20-L.29 & L.49-L.56 (Keynotes) - All of the site keynotes references will need to be updated for the construction plans (all of these detail references are for the FDP). 45. Sheets L.20-L.21 & L.28-L.29 (Site Structures) — The title of these sheets should be changed from "Design Intent Structures" to read "Site Structures". 46. Sheets (Restroom) — The sheets numbers are not readable. Refer to the FDP comments. 47. Sheets L.26-L.27 (Site Details) — The Site Detail sheet is missing for the drinking fountain, trash, benches and bike rack (this is sheet 25 in the FDP). 48. Sheets L.31, L.34, L3.36 (Landscape) — Refer to the FDP comments. 49. Sheets 44-48 (Irrigation) — The SVLMD irrigation system needs to be shown on a separate plan so the Town can easily identify what is the Town's irrigation system versus the SVLMD's system. 50. Sheet L.54 (Site Details, Gate) — The detail of the vehicle gate for the parking lot does not show a locking bar or chain. 51. Need to make independent submittals to the Frederick- Firestone Fire Protection District, the St. Vrain Sanitation District and the Little Thompson Water District. The Applicant should return their responses to the comments and the original redlines with their next submittal. We would like to meet with the applicant to review these comments with them. 7 RESOLUTION NO.17-45 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR FIRESTONE 7-11 REMODEL, AN AMENDMENT OF A PORTION OF THE RAM LAND FINAL DEVELOPMENT PLAN WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan for Firestone 7-11 Remodel, an Amendment of a portion of the Ram Land Final Development Plan; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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 1. The Final Development Plan for Firestone 7-11 Remodel, an Amendment of a portion of the Ram Land Final Development Plan is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 270i day of September, 2017. Paul Sorensen, Mayor A _W Leah Vanarsdall, Town EXHIBIT A Final Development Plan Firestone7-11 Remodel, an Amendment of a portion of the Ram Land Final Development Plan Conditions of Approval 1. Revise application materials to address comments set forth in the Town Engineer's memorandum dated August 15, 2017, a copy of which is attached hereto as Exhibit A-1. 2. Revise application materials to address comments set forth in the Town Planning Department's memorandum dated September 8, 2017, a copy of which is attached hereto as Exhibit A-2. MV2017 10:48 M1 ]kmk] R:SFueslow%Subdivisiurts%?-I I Remodd FDP TB m docc 2 EXHIBIT A-1 P as. For! !-. -54 4 a RL, FZ ap Ph , "O� COLORADO CIVIL GROUP, INC. EnglnwhV Caro to s TO: Mr. Bruce Nickerson, Town Manager FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer d Lindsey Green, Colorado Civil Group, Inc., Town Engineer � DATE: August 15, 2017 SUBJECT: FIRESTONE 7-11 REMODEL PROJECT No.: 0668.0068.01 Memo We have completed our review of the 7-11 FDP 1 st submittal received on July 31, 2017. We offer the following engineering comments: Submittal Binder: 1. (10.3.5 Title Commitment) — Firestone Convenience, LLC, A Colorado Limited Liability Company is listed as the owner in fee simple of the property according to the Alta Commitment with an effective date of February 17, 2017. An updated title commitment dated no later than 1 month prior to recording will be required. 2. (10.3.6 Legal Description) - An aliquot legal description is acceptable, please expand to include the recording information. ALL OF LOT 1, BLOCK 1, KAHN SECOND SUBDIVISION, RECORDED ON 03/22/2004 AT RECEPTION NUMBER 3163835 AT THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER, BEING LOCATED IN THE SW QUARTER OF SECTION 2, T2N, R68W OF THE 6T" PM, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. SAID PARCEL OF LAND CONTAINS 153,845 SQUARE FEET, OR 3.53 ACRES, MORE OR LESS. 3. (10.3.15 Drainage Report) — A Drainage Report was not required for this FDP because the total runoff from the developed site does not exceed the approved amount of runoff from the Master Plan created for the Ram Land Development. Final Development Plan: 4. (10.5.2/10.6.2 Title Block) — We recvommend the Title of the document be revised to the following: FINAL DEVELOPMENT PLAN FIRESTONE 7-11 REMODEL AN AMENDMENT OF A PORTION OF THE RAM LAND FINAL DEVELOPMENT PLAN TOWN OF FIRESTONE WELD COUNTY STATE OF COLORADO SHEET X OF 7 5. (10.5.4 Owner/Developer) — Please list the owner as the name appears exactly in the title commitment. Currently, the title commitment lists Firestone Convenience, LLC, A Colorado Limited Liability Company as the owner. Please include email addresses. 6. (10.5.5 Technical Consultants) — Please include the email addresses of all consultants. 7. (10.5.6 Legal Description) — Refer comment No. 2. 8. (10.5.7 Project Concept) — Please include what the remodel and additional square footage is intended for in the description. We will need to determine if there will be an increase in water use within the property and verify that the current meter size and water dedication is adequate. 9. (10.5.7 Project Concept) — Please include the title of the existing FDP and recordation information that is being modified. Refer Redlines. 10. (10.5.14 Drainage) — Please revise the Drainage statement as shown on the redlines. 11. See returned redlines for any additional comments. Misc: 12. Need to make independent submittals to St. Vrain Sanitation District and Frederick- Firestone Fire Prevention District. These comments are provided to assist in the preparation of the FDP for this project. The Applicant's consultant should return their responses to the comments with their next submittal. Let us know if there is anything else that we can help you with. 4 EXHIBIT A-2 FIRESTONE A COMMUN►TYIN MOTION Memo To: Krysta Houtchens/Entitlement & Engineering Solutions, Inc. From: Tracy Case, Planning Department Date: September 8, 2017 Re: Firestone 7-11 Remodel We have completed our review of the Firestone 7-11 Remodel Final Development Plan, 1" submittal: 1. The title should be revised; we recommend the title reference 7-11, and that it also state it amends a portion of the RAM Land Final Development Plan. (refer to engineering comment #4) 2. The Owner/Developer information block should be revised to reflect Firestone Convenience, LLC, the owner listed in the title commitment. 3. The Residential Densities section should be deleted. 4. There is a typo in the second line of the Drainage section — "no affect" should read "not affect." 5. The beginning of first paragraph of the Utilities section should be revised to read as follows: "Sanitary sewer service to the existing building is currently provided by...." 6. There is a typo in the first paragraph, last sentence of the Utilities section, "Additional the" should read "Additionally the." 5 7. In the second paragraph of the Utilities section, "City of Firestone" should be revised to read "Town of Firestone." 8. There is a typo in the second paragraph, second sentence of the Utilities section, "west corer" should read "west corner." 9. At the end of the second sentence of the Parking section, revise "through lane existing" to read "through lane is located." 10. In the fifth line of the Parking section, revise "parking stalls will exist" to read "parking stalls will be provided." 11. In the first sentence of the Signage section, revise "Signage improvement" to read "Signage improvements." 12. in the Setbacks table, revise "existing retail/addition" to read "existing retail and addition." 13. In the Acceptance Block and Notary, revise the notary signature block to include the title of the signor ("by as of Firestone Convenience, LLC." 14. Replace/repair any parking lot lights as shown on the RAM Land Final Development Plan, in such a manner so as not to be knocked over in the future. 15. Install/replace any missing landscaping as shown on the RAM Land Final Development Plan. G RESOLUTION NO. 1744 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN, AMENDMENT NO. 1 FOR FIRSTBANK WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan amendment for FirstBank of Longmont; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 proposed final development plan amendment 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 Final Development Plan, Amendment No. I for FirstBank of Longmont is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 270' day of September, 2017. F�RES�NF TOWN Paul Sorensen, Mayor ATTEST: m SEAL JQ �r Y�V t/�it.�t.�C�" rY �o G� Leah Vanarsdal1, Town Clerk EXHIBIT A Final Development Plan, Amendment No. I FirstBank Conditions of Approval 1. Revise application materials to address comments set forth in the Town Engineer's memorandum dated August 30, 2017, a copy of which is attached hereto as Exhibit A-l. 9t-'YM I7 M04 AM [Iml-I RAFir wcLSubdivisionsSF'u R", FAP Amrnd TA ns docc 2 EXHIBIT A-1 Memo COLORADO CIVIL GROUP, INC. Engfneedng Cwmbna TO: Mr. Bruce Nickerson, The Nickerson Company, Town Manager FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer QD Amber Messersmith, Colorado Civil Group, Inc., Town Engineerd� DATE: August 30, 2017 SUBJECT: FirstBank of Longmont PROJECT No.: 0668.0231.01 We have completed our review of FirstBank of Longmont Final Development Plan Amendment No. 1 that was received on August 15, 2017. We offer the following comments: Submittal Binder: 1. Title Commitment (10.3.5) — Firstbank of Longmont, a Colorado Corporation is listed as the vested owner of the property according to the Title Commitment with effective date of May 24, 2017. An updated title commitment is required, dated no later than one month prior to recording of final documents. Final Development Plan Amendment No. 1: 2. Sheet 1 — Revise the Amendment No. 1 note as redlined. 3. Sheet 2 — Correctly label Colorado Blvd. 4. Sheet 2 — The Amendment No. 1 note only needs to appear on the Cover Sheet. 5. Refer to the Final Development Plan, Amendment No. 1 for any additional redlined comments. These comments are provided to assist the applicant in preparation of the Final Development Plan - Amendment No. 1. 3 RESOLUTION NO. 17-43 A RESOLUTION IN SUPPORT OF BALLOT ISSUE 2A APPEARING ON THE NOVEMBER 7, 2017 BALLOT, FOR FINANCING THE CONSTRUCTION OF A NEW FIRESTONE POLICE STATION WHEREAS vibrant and economically sound communities depend on quality emergency services; and WHEREAS quality emergency services depend upon strong community support; and WHEREAS the Firestone Police Department operates out of limited space inside the Firestone Town Hall and in a modular office building located behind the Town Hall; and WHEREAS experts in law enforcement structures estimate that the Town Hall and modular building are only 30 percent of what police officers need today to perform their duties; and WHEREAS Firestone is routinely recognized among the safest communities, including #2 in Colorado and #6 nationwide; and WHEREAS the Firestone community is experiencing significant growth that requires additional and appropriate space for operations by the Firestone Police Department; and WHEREAS the needs of the Firestone Police Department have far exceeded the spatial capacity of current facilities; and WHEREAS the Firestone community will have the opportunity to express its preference for construction of a new Firestone Police Station when considering Referred Measure 2A, which proposes a new sales and use tax earmarked for the construction of the new Firestone Police Station, to include a court facility and a multi -purpose police training/community room; and WHEREAS the proposal for funding the new Firestone Police Station is designed so that the sales and use tax will be imposed for no more than 25 years, and also so that there will continue to be no sales tax on food for domestic home consumption; and WHEREAS if the tax is approved, the Town will finance the construction of the Firestone Police Station through a lease -purchase agreement and use the new sales and use tax to make payments on that obligation; and WHEREAS the Board of Trustees desires to express its support for Ballot Issue 2A; 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 hereby expresses its support of the 2017 tax ballot measure for the financing of construction of a new Firestone Police Station and urges the Firestone voters to vote "yes" on Ballot Issue 2A at the November 7, 2017 election. PASSED AND ADOPTED BY A TOWN OF FIRESTONE, COLO 1 4, - 0_(� 0_� Paul Sorensen, ayor VOTE 6 TO 0 THIS 27TH DAY OF SEPTEMBER, 2017. TT.0 �NF A EST ,i A o 0Oda �0 .'�0� Leah Vanarsdall, Town Clerk `�; .......... Y; ..COS,, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLOR -ADO IN RE AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN FOR HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-6, TOGETHER WITH THE CONSOLIDATED SERVICE PLAN FOR HIGHWAY 119 METROPOLITAN DISTRICT NOS. 7-10 RESOLUTION NO.17-42 RESOLUTION OF APPROVAL WHEREAS, on September 10, 2009, the Board of Trustees of the Town of Firestone ("Board of Trustees") approved a Consolidated Service Plan for the organization of the Highway 119 Metropolitan District Nos. 1-6 pursuant to Section 32-1-204.5(1)(c), C.R.S. (the "Original Service Plan"), and the Highway 119 Metropolitan District Nos. 1-6 were subsequently organized as special districts on February 3, 2010; and WHEREAS, there has been submitted to the Town of Firestone a proposed Amended and Restated Service Plan for Highway 119 Metropolitan District Nos. l -6, together with the Consolidated Service Plan for Highway 119 Metropolitan District Nos. 7-10 (the "Service Plan"); and WHEREAS, it is the intent and purpose of the Service Plan to fully amend and restate the Original Service Plan, as the same specifically applies to Highway 119 Metropolitan District Nos. 1-6, such that each of such District Nos. 1-6 are authorized under, and shall have as their service plan, solely the Service Plan, which Service Plan further provides for the organization of and applies to Highway 119 Metropolitan District Nos. 7-10 (such Districts 1-10 are sometimes collectively referred to herein as "the Districts"); and WHEREAS, pursuant to statute, the Board of Trustees has authority to review the Service Plan with reference to need, service and economic feasibility; and WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S., as amended, the Board of Trustees, after due notice, held a public hearing on the proposed Service Plan on the 13th day of September, 2017; 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 Section 32-1-204.5(1)(c), C.R.S. NOW, 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 the organizers and representatives of the Districts, that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of an Amended and Restated Consolidated Service Plan for the Highway 119 Metropolitan District Nos. 1-6, together with the Consolidated Service Plan for the Highway 119 Metropolitan District Nos. 7-10 (the "Service Plan"), have been fulfilled. Section 2. That, based on representations by and on behalf of the organizers and representatives of the Districts, notice of the public hearing has been provided by the Districts in the manner required by law, and the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the proposed Service Plan and 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 Plan and other evidence presented by and on behalf of the organizers and representatives of the Districts, that: (a) There is sufficient existing and projected need for organized service in the area to be serviced by the Districts; (b) The existing service in the area to be served by the Districts is inadequate for present and projected needs; (c) The Districts are capable of providing economical and sufficient service to the area within its proposed boundaries; (d) The area to be included in the Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The creation of and approval for the Districts under the Service Plan will be in the best interests of the area proposed to be served. Section 4. That pursuant to Section 32-1-204.5(1)(c), C.R.S., the Board of Trustees hereby imposes the following conditions upon its approval of the Service Plan: (a) Prior to the hearing date set by the District Court of Weld County, pursuant to Section 32-1-304, C.R.S., the complete, fully and properly executed originals of the following documents shall be filed with the Town Clerk: the final Financial Plan and certification; the engineer's stamped opinion of probable costs; and the Project developer's indemnification letters that are required under the Service Plan and set forth, respectively, in Exhibits D, E and F to the Service Plan. A Developer's indemnification letter shall be executed by each of the organizers (Voyage Ventures LLC, Union North, LLC, Lifebridge Christian Church and Highway 119 Holding, LLC) and any 2 other owners of property within the Initial Boundaries (as defined in the Service Plan) of the Districts. (b) At their first meeting after either their organizational election or approval by the Town of the Service Plan, the Districts shall execute their District indemnification letters and the Intergovernmental Agreement with the Town ("IGA") that are required under the Service Plan and set forth in Exhibits F and G to the Service Plan and promptly deliver executed originals thereof to the Town. (c) 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. The Districts' 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) The Districts will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with the Service Plan approved herein. If any of the above -stated conditions (a) through (d) 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 Amended and Restated Consolidated Service Plan for Highway 1 l9 Metropolitan District Nos. 1-6, together with the Consolidated Service Plan for Highway 119 Metropolitan District Nos. 7-10, as set forth in Exhibit A to this Resolution and dated September 13, 2017, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(1)(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 representatives and organizers of the Districts for the purpose of fling in the District Court of Weld County for further proceedings concerning the Districts. INTRODUCED, ADOPTED AND RESOLVED THIS 131h DAY OF September, 2017. 10 SEAL i ATTEST: Jcf� �j� v Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO 3 EXHIBIT A (Copy of Approved Service Plan - See Following Pages) CERTIFICATE 1, Leah Vanarsdall, Town Clerk of the Town of Firestone, 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 13`" day of September, 2017. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Firestone, Colorado, this 131h day of September 2017. 70WN SEAL 10 j10G.. rope Mry, co 4'-k ua""� Leah Vanarsdall, Town Clerk 5 AMENDED AND RESTATED CONSOLIDATED SERVICE PLAN FOR HIGHWAY 119 METROPOLITAN DISTRICT NO. 1, HIGHWAY 119 METROPOLITAN DISTRICT NO.2, HIGHWAY 119 METROPOLITAN DISTRICT NO.3, HIGHWAY 119 METROPOLITAN DISTRICT NO.4, HIGHWAY 119 METROPOLITAN DISTRICT NO. 5, AND HIGHWAY 119 METROPOLITAN DISTRICT NO.6 AND, TOGETHER WITH THE CONSOLIDATED SERVICE PLAN FOR HIGHWAY 119 METROPOLITAN DISTRICT NO. 7, HIGHWAY 119 METROPOLITAN DISTRICT NO. 8, HIGHWAY 119 METROPOLITAN DISTRICT NO. 91 AND HIGHWAY 119 METROPOLITAN DISTRICT NO. 10 TOWN OF FIRESTONE, COLORADO Prepared by WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law 2154 East Commons Avenue, Suite 200 Centennial, Colorado 80122 Approved: , 2017 37985299vl TABLE OF CONTENTS Page INTRODUCTION.............................................................................................................. 1 A. Overview................................................................................................................. 1 B. Purpose and Intent................................................................................................... 1 C. Need for the Districts.............................................................................................. 1 D. Objective of the Town Regarding the Service Plan ................................................ 1 E. Organizers and Consultants.................................................................................... 3 II. DEFINITIONS....................................................................................................................4 III. BOUNDARIES...................................................................................................................8 IV. PROPOSED LAND USE, PROJECTED POPULATION PROJECTIONS AND CURRENT ASSESSED VALUATION............................................................................. 8 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES....... 8 A. Powers of the Districts and Service Plan Amendment ........................................... 8 1. Operation and Maintenance Limitation...................................................... 8 2. Fire Protection Limitation........................................................................... 9 4. Limitation on Extraterritorial Service......................................................... 9 5. Telecommunication Facilities..................................................................... 9 6. Construction Standards Limitation............................................................. 9 7. Zoning and Land Use Requirements......................................................... 10 8. Growth Limitations................................................................................... 10 9. Conveyance...............................................................................................10 10. Eminent Domain....................................................................................... 10 11. Potable Water Rights/Resources Limitation ............................................. 10 12. Inclusion Limitation.................................................................................. 10 13. Exclusion Limitation................................................................................. 10 14. Overlap Limitation.................................................................................... 11 15. Sales and Use Tax..................................................................................... 11 16. Monies from Other Governmental Sources .............................................. 11 17. Consolidation Limitation.......................................................................... 11 18. Subdistrict Limitation............................................................................... 11 19. Fees........................................................................................................... 11 20. Special Assessments................................................................................. 12 21. Revenue Bonds Limitation....................................................................... 12 22. Public Improvement Fees......................................................................... 12 23. Bankruptcy Limitation.............................................................................. 12 24. Reimbursement Agreement...................................................................... 13 25. Service Plan Amendment Requirement.................................................... 13 B. Preliminary Engineering Survey........................................................................... 13 VI. REGIONAL IMPROVEMENTS...................................................................................... 14 37985299v! VII. FINANCIAL PROVISIONS............................................................................................ 14 A. General..................................................................................................................14 B. Maximum Voted Interest Rate and Maximum Underwriting Discount ............... 15 C. Mill Levies............................................................................................................ 15 D. Debt Parameters.................................................................................................... 16 E. Debt Instrument Disclosure Requirement............................................................. 17 F. Privately Placed Debt Limitation.......................................................................... 17 G. TABOR Compliance............................................................................................. 17 H. Districts' Organizational Costs and Operation and Maintenance Costs ............... 17 VIII. ANNUAL REPORT......................................................................................................... 18 A. General..................................................................................................................18 B. Reporting of Significant Events............................................................................ 18 IX. DISSOLUTION................................................................................................................18 X. DISCLOSURE NOTICES................................................................................................ 19 XI. INTERGOVERNMENTAL AGREEMENT.................................................................... 19 XII. NON-COMPLIANCE WITH SERVICE PLAN.............................................................. 20 XIII. CONCLUSION.................................................................................................................20 ii 37985299vl LIST OF EXHIBITS EXHIBIT A Vicinity Map EXHIBIT B Initial Boundary Map and Legal Description EXHIBIT C Inclusion Area Boundary Map and Legal Description EXHIBIT D Financial PIan EXHIBIT E Capital Plan - List of Public Improvements EXHIBIT F Indemnification Letters EXHIBIT G Form of Intergovernmental Agreement I 1. INTRODUCTION A. Overview. District No. 1 through District No. 6, inclusive (collectively, "District Nos. 1-6"), were organized as special districts on February 3, 2010, after approval of the Original Service Plan by the Town Board on September 10, 2009. This Service Plan amends and replaces in its entirety the Original Service Plan and organizes District No. 7 through District No. I0, inclusive (collectively, "District Nos. 7-10," together with District Nos. 1-6, the "Districts") under the same Service Plan. B. Purpose and Intent. The Districts are independent units of local government, separate and distinct from the Town. The primary purpose of the Districts will be to finance the construction of the Public Improvements. The Districts are not being created to provide ongoing operation and maintenance services other than as specifically set forth in this Service Plan or in the Intergovernmental Agreement between the Town and the Districts. This multiple -district Service Plan is intended to accommodate the phasing of the Project and the infrastructure needs of each phase. It is contemplated that the Districts will cooperate with each other on certain infrastructure that benefits the taxpayers and inhabitants of the Service Area, and that each District will additionally have its own particular infrastructure needs. C. Need for the Districts. . - There are currently no other governmental entities, including the Town, located in the immediate vicinity of the Districts that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment, and financing of the Public Improvements needed for the Project. Formation of the Districts is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. D. Objective of the Town Regarding the Service Plan. The Town's objective in approving the Service Plan for the Districts is to authorize the Districts to provide for the planning, design, acquisition, construction, installation, relocation and — --redevelopment-of -the Public Improvements from the proceeds of Debt to be issued by the Districts. All Debt is expected to be repaid by taxes imposed and collected at a mill levy no higher than the Maximum Debt Mill Levy, as the same may be increased as set forth in Section V.C.1; by Fees as limited by Section V.A.19; and/or by Special Assessments as set forth in Section V.A.20; and other legally available sources of revenue. This Service Plan is intended to establish a limited purpose for the Districts and explicit financial constraints that are not to be violated under any circumstances. The primary purpose of the Districts is to provide the Public Improvements associated with development pursuant to the Approved Development Plan. Except for the Operation and Maintenance Costs the Districts are 379ssz99vi authorized to pay in accordance with Section VII.H herein, operation and maintenance services are allowed only through the Intergovernmental Agreement with the Town. The Districts shall be authorized to finance the Public Improvements that can be funded from Debt which is to be repaid from Fees, Special Assessments or tax revenues collected from a mill levy which shall not exceed the Maximum Debt Mill Levy, as well as other legally available sources of revenue, and to maintain certain of the Public Improvements as set forth in the Intergovernmental Agreement with the Town. It is the intent of this Service Plan to assure to the extent possible that no property bear an economic burden that is greater than that associated with revenues from the Maximum Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy, Fees and Special Assessments, even under bankruptcy or other unusual situations. Generally, the costs of Public Improvements that cannot be funded within these parameters are not costs to be paid by the Districts. With regard to Regional Improvements, this Service Plan and the Intergovernmental Agreement also provide for the Districts to pay a portion of the cost of regional infrastructure as part of ensuring that development and those that benefit from development pay for the associated costs. 2 E. Orizanizers and Consultants. This Service Plan has been prepared by the following: Organizers Voyage Ventures LLC Union North, LLC Dale Bruns Reginald V. Golden 1425 Onyx Circle 10345 Ute Highway Longmont, Colorado 80504 Longmont, Colorado 80504 (303) 772-7986 (303) 702-0708 dalebruns@zeyhyrmamt.com reggiep-@dfzmllc.com Lifebridge Christian Church Highway 119 Holdings, LLC Kevin King Phil Pike 10345 Ute Highway 2050 Main Street #400 Longmont, Colorado 80504 Irvine, California 92614 (303) 776-2927 (949) 417-5844 kking@lbcc.org ppike@cdfcapital.org Districts' General Counsel WHITE BEAR ANKELE TANAKA & WALDRON Attorneys at Law Jennifer Gruber Tanaka, Esq. Megan J. Murphy, Esq. 2154 East Commons Avenue, Suite 2000 Centennial, Colorado 80122 (303)858-1800 %tanakaAwbapc.com mmurphynu.wbapc.com Financial Advisor or Underwriter Engineers George K. Baum & Company TJB Consulting Group, LLC Alan Matlosz Todd Borger, P.E. 1400 Wewatta Street, Suite 800 F.O. Box 1348 Denver, Colorado 80202 Longmont, Colorado 80502 (303) 391-5503 (303) 517-7116 Matlosz ,,gkbaum.com toddb a,tibconsultin .cg_om Bond Counsel Sherman & Howard Blake T. Jordan, Esq. 633 17th Street, Suite 3000 Denver, Colorado 8020 (303)299-8364 biordan _sah.com 3 H. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Approved Development Plan: means a development plan for the Project as approved in its final form by the Town pursuant to the Town Code for the property within the boundaries of each of the Districts, as may be amended from time to time pursuant to the Town Code, that identifies for the property within each District, among other things (1) Public Improvements necessary for facilitating development of the property within the Service Area; and (2) any developer guarantees in connection with development of the property. Unless otherwise expressly set forth in this Service Plan by specific reference thereto, an Approved Development Plan does not include any plan, process or approval denoted as preliminary under the Town Code. Board: means the board of directors of one of the Districts or the boards of -directors of all Districts, in the aggregate. Capital Plan: means the Capital Plan described in Section V.B. which includes: (a) a comprehensive list of the Public Improvements to be developed by the Districts; (b) an engineer's estimate of the cost of the Public Improvements; and (c) a pro forma capital expenditure plan correlating expenditures with development. C.R.S. means the Colorado Revised Statutes, as the same may be amended from time to time. Debt: means bonds, notes, debentures, certificates, contracts, capital leases or other multiple fiscal year obligations for the payment of which the Districts have promised to impose an ad valorem property tax mill levy, collect Fee revenue, and/or levy Special Assessments. Development Fee: means the one-time development or system development fee imposed by the Districts on a per -unit (residential or per square -foot (non-residentiao basis at or prior to the issuance of a certificate of occupancy for the unit or structure to assist with the planning and development of the Public Improvements, subject to the limitations set forth in Section V.A.19 below. District: means any one of the Highway 119 Metropolitan District Nos. 1 through 10, inclusive. District No. 1: means Highway 119 Metropolitan District No. 1. District No. 2: means Highway 119 Metropolitan District No. 2. District No. 3: means Highway 119 Metropolitan District No. 3. District No. 4: means Highway 119 Metropolitan District No. 4. 4 District No. 5: means Highway 119 Metropolitan District No. 5. District No. 6: means Highway 119 Metropolitan District No. 6. District No. 7: means Highway 119 Metropolitan District No. 7. District No. 8: means Highway 119 Metropolitan District No. 8. District No. 9: means Highway 119 Metropolitan District No. 9. District No. 10: means Highway 119 Metropolitan District No. 10. Districts: means District No. 1 through District No. 10, collectively. District Boundaries: means the property within the Initial Boundaries, together with any portion of the property within the Inclusion Area Boundaries that may be included from time to time pursuant to Section 32-1-401, et sea., C.R.S. End User: means any owner, or tenant of any owner, of any taxable improvement within a District who is intended to become burdened by the imposition of ad valorem property taxes subject to the Maximum Debt Mill Levy. By way of illustration, a resident homeowner, renter, commercial property owner, or commercial tenant is an End User. A person or entity that constructs homes or commercial structures with the intention of selling to others is not an End User. External Financial Advisor: means a consultant that: (i) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (ii) shall be an underwriter, investment banker, or individual listed as a public finance advisor in the Bond Buyer's Municipal Market Place; and (iii) is not an officer or employee of any of the Districts and has not been otherwise engaged to provide services in connection with the transaction related to the- applicable Debt. If a District has engaged a municipal adviser that meets the foregoing criteria and has a fiduciary duty to the District, the municipal adviser may fill the role of the External Financial Advisor. Fees: means any fee, rate, toll, penalty or charge imposed or received by a District for services, programs or facilities provided by that District, as described in Section V.A.19 below. Financial Plan: means the Financial Plan described in Section VII and attached as Exhibit D which describes (i) how the Public Improvements are expected to be financed; (ii) how the Debt is expected to be incurred; and (iii) the estimated operating revenue derived from property taxes for the first budget year. Inclusion Area Boundaries: means the boundaries of the area proposed for inclusion within the boundaries of one of the Districts, described in the Inclusion Area Boundary 5 Map and Legal Description attached hereto as Exhibit C, which proposed area is contained within the Project as outlined in the Approved Development Plan. Initial Boundaries: means the boundaries of each of the District's area described in the Initial Boundary Map and Legal Description, attached hereto as Exhibit B. Intergovernmental Agreement: means the intergovernmental agreement among the Districts and the Town, a form of which is attached hereto as Exhibit G. The Intergovernmental Agreement may be amended from time to time by the Districts and the Town. Maximum Debt Mill Levy: means, for each District, the maximum mill levy the District is permitted to impose for payment of Debt as set forth in Section VII.C.I below. Maximum Operation and Maintenance Mill Levy: means, for each District, the maximum mill levy the District is permitted to impose for payment of Operation and Maintenance Costs, as set forth in Section VII.C.2 below. Mill Levy Adjustment: means, if, with respect to District No. I and District Nos. 3-10, on or after January 1, 2017, and with respect to District No.2, on or after January 1, 2009, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement, the Maximum Debt Mill Levy and the Maximum Operation and Maintenance Mill Levy may be increased or decreased to reflect such changes, such increases and decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the applicable mill levy, as adjusted for changes occurring after the applicable date, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. Operation and Maintenance Costs: means, for each District, (1) planning and design costs of Public Improvements identified by the District as being payable from its operation and maintenance mill levy; (2) the costs of repair, replacement and depreciation of the Public Improvements; (3) the costs of any covenant enforcement and design review services the District may provide; and (4) the costs of ongoing administrative, accounting and legal services to the District. - - Organizational Costs: means the estimated initial cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the Districts' organization and initial operations, as set forth in Section VII.H below, which Organizational Costs are eligible for reimbursement out of Debt proceeds. Original Service Plan: means Highway 119 Metropolitan District Nos. 1-6 Consolidated Service Plan as approved by the Town Board on September 10, 2009. Proiect: means the development or property commonly referred to as the Firelight Park development, the Union North development, the Highway 119 development, the C Lifebridge development, and future developments known as the Adam property, the Golden property, and the Sherrelwood development, collectively. Public Improvements: means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated, redeveloped and financed by the Districts as generally described in the Special District Act and in accordance with the Approved Development Plan, except as specifically limited in Section V below, which improvements benefit the property within the District Boundaries and/or the Service Area, and which improvements will serve the future taxpayers and inhabitants of the property within the District Boundaries and/or the Service Area, as determined by the Boards of the Districts. Regional Improvements: means improvements or facilities that benefit the property within the District Boundaries and/or the Service Area and which are to be financed pursuant to Section VI below, and which are more particularly set forth in the Intergovernmental Agreement or a separate intergovernmental agreement among the Town and the Districts. Service Area: means the Initial Boundaries and the Inclusion Area Boundaries. Service Plan: means this service plan for the Districts approved by Town Board. Service.Plan Amendment: means an amendment to the Service Plan approved by Town Board in accordance with the Town's ordinance and the applicable state law. Special Assessment: means the levy of an assessment within the boundaries of a special improvement district pursuant to Section V.A.20 below. SSRecial District Act: means Title 32, Article 1 of the Colorado Revised Statutes, as amended from time to time. State: means the State of Colorado. Taxable Property: means real or personal property which is subject to ad valorem taxes imposed by a District. Town: means the Town of Firestone, Colorado. Town Board: means the Town Board of Trustees of the Town of Firestone, Colorado. Town Code: means the Town Code of the Town of Firestone, Colorado. Total Debt Limit: means One Hundred Fifteen Million Four Hundred Thirty -Nine Thousand Five Hundred Dollars ($115,439,500), which Total Debt Limit includes all Debt issued by any of the Districts for Public Improvements and Regional Improvements, combined. 7 III. BOUNDARIES A Vicinity Map depicting the Project is attached hereto as Exhibit A. The area of the Initial Boundaries includes approximately 404.191 acres, and the legal description and map of the Initial Boundaries are set forth in Exhibit B. The Inclusion Area Boundary Map and Legal Description, depicting the property to be included within the Districts, are attached hereto as Exhibit C. It is anticipated that the Districts' boundaries may change from time to time as they undergo inclusions and exclusions pursuant to Section 32-1-401, et seq., C.R.S., and Section 32- 1-501, et seq., C.R.S., subject to the limitations set forth in Section V below. IV. PROPOSED LAND USE PROJECTED POPULATION PROJECTIONS AND CURRENT ASSESSED VALUATION The property within the Service Area consists of approximately 627 acres of agricultural land. The population of the Service Area at build -out is estimated to be approximately 3,765 people. The current assessed valuation of the property within the Service Area is Six Million Seven Hundred Forty -Six Thousand Five Hundred Fifty -Nine Dollars ($6,746,559) for purposes of this Service Plan, and the assessed value of the property within the Service Area at build -out is expected to be sufficient to reasonably discharge the Debt under the Financial Plan attached hereto as Exhibit D. Approval of this Service Plan by the Town does not imply approval of the development of a specific area within the Service Area, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings identified in this Service Plan or any of the exhibits attached thereto, which approvals shall be as set forth in an Approved Development Plan. Approval of this Service Plan by the Town in no way releases or relieves the developer of the Project, or the developer, landowner or subdivider of any property within the Service Area, or any of their respective successors or assigns, of obligations to construct public improvements for the Project or of obligations to provide to the Town such financial guarantees as may be required by the Town to ensure the completion of the Public Improvements, or of any other obligations to the Town under the applicable Approved Development Plan, the Town Code or any applicable annexation agreement, subdivision agreement, or other agreements affecting the Project property or development thereof. V. DESCRIPTION OF PROPOSED POWERS IMPROVEMENTS AND SERVICES A. Powers of the Districts and Service Plan Amendment. The Districts shall have the power and authority to provide the Public Improvements, the Regional Improvements and related operation and maintenance services as such power and authority is described in the Special District Act and other applicable statutes, common law, and the Constitution, subject to the limitations set forth herein, in the Approved Development Plan, and in the Intergovernmental Agreement. 1. Operation and Maintenance Limitation. The purpose of the Districts is to plan for, design, acquire, construct, install, relocate, redevelop and finance the Public 8 Improvements. The Districts shall dedicate the Public Improvements to the Town or other appropriate jurisdiction or owners association in a manner consistent with the Approved Development Plan, the Intergovernmental Agreement, and other rules and regulations of the Town and applicable provisions of the Town Code. No District shall be authorized to operate and maintain any part or all of the Public Improvements unless the provision of such operation and maintenance is pursuant to the Intergovernmental Agreement with the Town. If the District is authorized in the Intergovernmental Agreement to operate and maintain any parks or trails, then unless otherwise expressly specified in the Intergovernmental Agreement, all such parks and trails shall be open to the general public free of charge. The Districts may impose a mill levy, Special Assessments and/or Fees to pay for Operation and Maintenance Costs in accordance with Section VII.H below. 2. Fire Protection Limitation. The Districts shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services, unless such facilities and services are provided pursuant to a written agreement with the Town and with Firestone Fire Protection District. The authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system shall not be limited by this provision. _ - 3. Television Relay and Translation Limitation, Mosquito Control, and Other Limitations. Unless such facilities and services are provided pursuant to the Intergovernmental -Agreement, the Districts shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate, maintain, or provide: (a) any television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project; (b) any mosquito control facilities and services; (c) any solid waste disposal, collection and transportation facilities and services; and (d) any security, covenant enforcement and design review services. 4. Limitation on Extraterritorial Service. The Districts shall be authorized to provide services or facilities outside the Service Area or to establish fees, rates, tolls, penalties or charges for any services or facilities only in accordance with an Approved Development Plan, the Intergovernmental Agreement, or other agreement to which the Town is a party or otherwise gives its written consent, as evidenced by resolution of the Town Board of Trustees. 5. Telecommunication Facilities. The Districts agree that no telecommunication facilities shall be constructed except pursuant to the Intergovernmental Agreement and that no such facilities owned, operated or otherwise allowed by the Districts shall affect the ability of the Town to expand its public safety telecommunication facilities or impair existing telecommunication facilities. b. Construction Standards Limitation. The Districts will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of other governmental entities having proper jurisdiction. The Districts will obtain the approval of civil engineering plans from the appropriate jurisdiction and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 7 7. Zoning and Land Use Requirements. The Districts shall be subject to all of the Town's zoning, subdivision, building code and other land use requirements. 8. Growth Limitations. The Town shall not be limited in implementing Board or voter approved growth limitations, even though such actions may reduce or delay development within the Districts and the realization of District revenue. 9. Conveyance. The Districts agree to convey to the Town, upon written notification from the Town and at no cost to the Town, any interest in real property owned by any District that is necessary, in the Town's sole discretion, for any Town capital improvement projects for transportation, utilities or drainage, so Iong as such conveyance does not interfere with the District's ability to construct, operate and/or maintain Public Infrastructure, as the same may be limited by this Service Plan. 10. Eminent Domain. The Districts shall be permitted to exercise their power of eminent domain as contemplated by the Special District Act, except that the Districts shall not utilize the power of dominant eminent domain against the Town without the prior written consent of the Town. In the event that this limit on the Districts' ability to exercise the power of eminent domain inhibits the Districts' ability to issue debt, or will cause the interest on any Debt issued by the Districts to be included in gross income for federal income tax purposes, and the Districts shall have obtained the written opinion of bond counsel with respect to the foregoing, the limit set forth herein on the Districts' ability to exercise the power of eminent domain shall be of no further force or effect, and shall be retroactive to the date of the organization of the Districts if the avoidance of the interest on Debt being included in gross income for federal income tax purposes as described in this paragraph so necessitates. 11. Potable Water Rights/Resources Limitation. The Districts shall not acquire, own, manage, adjudicate or develop potable water rights or resources except for the purpose of transferring such water rights to the Town or to another governmental entity at the direction of the Town. The Districts may be permitted to construct, finance, operate, and maintain a non -potable water system for the development and may be permitted to own, manage, adjudicate and develop the non -potable water rights which will be used in such non -potable system, only if required or authorized by an intergovernmental agreement with the Town, separate and distinct from the Intergovernmental Agreement. 12. Inclusion Limitation. Without prior written notice to the Town, no District shall include into its boundaries any property except property within the Inclusion Area Boundaries. No property will be included within any District at any time unless such property has been annexed into the Town's corporate limits. 13. Exclusion Limitation. No District shall exclude from its boundaries any property within the District Boundaries without the prior written notice to the Town. No District shall exclude from its boundaries property upon which a Debt mill levy has been imposed for the purpose of the inclusion of such property into another district that has been or will be formed under the Special District Act, without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. 10 14. Overlap Limitation. The boundaries of a District shall not overlap with any other District if such overlap will cause that District's mill levy to exceed the Maximum Debt Mill Levy or the Maximum Operation and Maintenance Mill Levy. 15. Sales and Use Tax. The Districts shall not exercise their Town sales and use tax exemption. lb. Monies from Other Governmental Sources. The Districts shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except pursuant to the Intergovernmental Agreement. This Section shall not apply to specific ownership taxes which shall be distributed to and be a revenue source for the Districts without any limitation. 17. Consolidation Limitation. No District shall file a request with any Court to consolidate with another Title 32 district without the prior written consent of the Town, as evidenced by -resolution of the Town Board of Trustees, unless such consolidation is with one of the other Districts to which this Service Plan applies. 18. Subdistrict Limitation. No District shall create any subdistrict pursuant to Section 32-1-1101, C.R.S. without the prior written consent of the Town, as evidenced by resolution of the Town of Trustees. 19. Fees. A District may impose and collect Fees for services, programs or facilities furnished by that District; may from time to time increase or decrease its Fees, and may use the revenue from Fees for the payment of Operation and Maintenance Costs and for the payment of any indebtedness of that District, all subject to the following limitations: (a) Unless specifically authorized in the Intergovernmental Agreement or other agreement to which the Town is a party or otherwise gives its written consent, as evidenced by resolution of the Town Board of Trustees, the District shall not impose or assess any fees;. rates, tolls, penalties, or charges other than the Development Fee without first obtaining Town approval of an amendment to this Service Plan, which amendment shall be deemed to be a material modification of the Service Plan. (b) A District may collect a Development Fee, provided that such Development Fee does not exceed the following limits: i) For each single-family detached residential unit, the Development Fee shall not exceed Two Thousand Five Hundred Dollars ($2,500). ii) For a structure other than a single-family or multi -family residential structure, the Development Fee shall not exceed Fifty Cents ($0.50) per square foot of the structure. The Development Fee set forth in this Service Plan may increase by up to the Consumer Price Index for Denver -Boulder, all items, all urban consumers (or its successor index 11 for any years for which Consumer Price Index is not available) each year thereafter (as an inflation adjustment) commencing on January 1, 2009. The Development Fee shall be collected prior to issuance of a certificate of occupancy. 20. Special Assessments. If authorized in the Intergovernmental Agreement, a District may establish one or more special improvement districts within its District Boundaries and may levy a Special Assessment with the special improvement district in order to finance all or part of the costs of any Public Improvements to be constructed or installed that the District is authorized to finance. 21. Revenue Bonds Limitation. Revenue Bonds are bonds payable in whole or in part from revenues other than a District's property and specific ownership taxes. Revenue Bonds do not include bonds issued by a District to which another District has pledged its property and/or specific ownership taxes. Prior to issuing any revenue bonds, the District shall submit all relevant details of such issuance to the Town Board of Trustees, which may elect to treat the issuance of the revenue bonds as a material modification of the Service Plan. If it is determined by the Board of Trustees that the issuance of revenue bonds constitutes a material modification of the Service Plan, the District shall proceed to amend the Service Plan in accordance with Section 32-1-207, C.R.S. prior to issuing any revenue bonds. If it determined by the Board of Trustees that such issuance does not constitute a material modification of the Service Plan, the Board of Trustees may issue a resolution to that effect, after receipt of which the District may proceed with such issuance without need for approval of a material modification of the Service Plan. 22. Public Improvement Fees. The Districts may receive revenue from a public improvement fee imposed on taxable retail sales transactions within the Districts' boundaries. 23. Bankruptcy Limitation. All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy, the Maximum Operation and Maintenance Mill Levy, and Fees have been established under the authority of the Town to approve a Service Plan pursuant to Section 32-1-204.5, C.R.S. It is expressly intended that such limitations: (a) Shall not be subject to set -aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and (b) Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankruptcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). The filing of any bankruptcy petition by any District shall constitute, simultaneously with such filing, a material departure of the express terms of this Service Plan, thus necessitating a material modification that must be submitted to the Town for its consideration as a Service Plan Amendment. 12 24. Reimbursement Agreement. If any District utilizes reimbursement agreements to obtain reimbursements from third -party developers or adjacent landowners for costs of improvements that benefit third -party landowners, such agreements shall be done in accordance with Town Code. If a reimbursement agreement exists or is entered into for an improvement financed by a District, any and all resulting reimbursements received for such improvement shall be deposited in that District's debt service fund and used for the purpose of retiring the District's debt. 25. Service Plan Amendment Requirement. This Service Plan has been designed with sufficient flexibility to enable the Districts to provide required services and facilities under evolving circumstances without the need for numerous amendments. Actions of any District which violates the limitations set forth in V.A. above or in VII.0 or VII.D shall be deemed to be material modifications to this Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the District. B. Preliminary Engineering Survey. The Districts shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance, and financing of the Public Improvements. A Capital Plan, including: (1) a comprehensive list of the Public Improvements to be developed by the Districts; (2) an estimate of the cost of the Public Improvements, together with a letter from a Colorado professional registered engineer certifying that such costs are reasonable in the engineer's opinion and that such estimates were prepared based upon Town construction standards; and (3) a pro forma capital expenditure plan correlating expenditures with development is attached hereto as Exhibit E. The District shall be authorized to construct Public Improvements that shall be more specifically defined in each applicable Approved Development Plan, the Intergovernmental Agreement, or other agreement to which the Town is a party or otherwise gives its written consent, as evidenced by resolution of the Town Board of Trustees. The estimated the costs of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed was prepared based upon a preliminary engineering survey and estimates derived from the zoning on the property in the property within the Service Area and is approximately Seventy Million Five Hundred Seventy -Four Thousand Nine Hundred Fifteen Dollars ($70,574,915). All of the Public Improvements will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the Town and shall be in accordance with the requirements of the Approved Development Plan. All construction cost estimates are based on the assumption that construction conforms to applicable local, State or Federal requirements. C. Multiple District Structure. It is anticipated that the Districts, collectively, will undertake the financing and construction of certain of the Public Improvements contemplated herein. Specifically, the. Districts shall enter into one or more intergovernmental agreements with each other that shall govern the relationships between and among them with respect to the financing, construction and operation of the Public Improvements. The Districts will establish a mechanism whereby any 13 one or more of the Districts may separately or collectively fund, construct, install and operate the Public Improvements. VI. REGIONAL IMPROVEMENTS The Districts shall be authorized and required to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment and to contribute to the funding of the Regional Improvements, and the Districts shall have the authority to issue Debt for Regional Improvements in an amount not to exceed the Total Debt Limit. The Districts, collectively, shall contribute in the aggregate to the Town, Seven Million Five Hundred Thousand Dollars ($7,500,000) (the "Regional Improvement Contribution Requirement"). The Regional Improvement Contribution Requirement shall be paid as follows: each of the Districts shall contribute 7.8% of the Net Bond Proceeds of the Districts. "Net Bond Proceeds" means the aggregate net proceeds of all Debt issued by the Districts, collectively. The Districts' Regional Improvement Contribution Requirement obligation shall begin upon the issuance by the Town of a building permit for any residential or commercial development within the Project, but shall not include any building permits issued for Public Improvements or related facilities, and shall not apply to any Debt issued by the Districts prior to the issuance of a building permit. Notwithstanding the status of Debt issuances, any remaining amount of the Regional Improvement Contribution Requirement ($7,500,000) shall be due in full to the Town by no later than ten (10) years from the date the first building permit for residential or commercial development (not including any building permits issued for Public Improvements or related facilities) within the Project is issued. The proponents of the District acknowledge and agree that the provisions in this Service Plan and the Intergovernmental Agreement for the Districts' participation in Regional Improvements and the payments to the Town are material considerations in, and conditions of the Town's approval of this Service Plan and are a joint and several liability of all of the Districts, and that the Town has relied thereon in approving this Service Plan. The failure to make payments in accordance with the schedule above shall be deemed a material modification of this Service Plan and a breach of the terms of the Intergovernmental Agreement. VII. FINANCIAL PROVISIONS A. General. The Districts shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements and the Regional Improvements from their revenues and by and through the proceeds of Debt to be issued by the Districts. A District may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service and for operation and maintenance. A District may also rely upon various other revenue sources authorized by law. At a District's discretion, these may include the power to assess Fees as provided in Section 32-1- 1001(1), C.R.S., as amended from time to time and as limited by Section V.A.19 above, and a District may impose Special Assessments as provided in Section 32-1-1101.7, C.R.S. and in accordance with Section V.A.20, above. 14 The Financial Plan for the Districts, which is attached hereto as Exhibit D, reflects that each District will issue no more Debt than that District can reasonably expect to pay from revenues derived from the Maximum Debt Mill Levy, Fees, Special Assessments and other legally available revenues. The aggregate amount of Debt the Districts shall be permitted to issue for the Public Improvements and Regional Improvements, including any Debt for Public Improvements to be constructed to serve any special improvement district, shall not exceed One Hundred Fifteen Million Four Hundred Thirty -Nine Thousand Five Hundred Dollars ($115,439,500) and each District may issue such Debt on a schedule and in such year or years as the District determines shall meet the needs of the Financial Plan referenced above and phased to serve development as it occurs. The Debt limit set forth in this Section VII.A., when added to the Debt limit for the Regional Public Improvements set forth in Section VI.B.4 above, shall not exceed the Total Debt Limit. B. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. The maximum interest rate on any Debt shall not exceed eighteen percent (18%). The maximum underwriting discount will be five percent (51/o). Debt, when issued, will comply with all relevant requirements of this Service Plan, State law and Federal law as then applicable to the issuance of public securities. All debt -related election ballot questions shall be drafted so as to limit a District's debt service mill levy to the Maximum Debt Mill Levy. In connection with the issuance of Debt, a District shall cause there to be prepared an opinion by an attorney in the State of Colorado opining -that the election questions related to the Debt and the Debt is consistent with limitations in this paragraph. Failure to observe the requirements established in this paragraph shall constitute a material modification under the Service Plan and shall entitle the Town to all remedies available at law and in equity, including the remedies provided for in Section VII.D.4, below. C. Mill Levies. I. The Maximum Debt Mill Levy, which shall be subject to a Mill Levy Adjustment, shall be the maximum mill levy a District is permitted to impose upon the taxable property within the District for payment of Debt, and shall be fifty (50) mills for so long as the total amount of aggregate Debt of the District exceeds fifty percent (50%) of the District's assessed valuation. At such time as the total amount of aggregate Debt of a District is equal to or less than..fifty percent (50%) of the District's assessed valuation, either on the date of issuance of any Debt or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy if End Users cast the majority of affirmative votes taken by the District's Board of Directors at the meeting authorizing such action, and, as a result, the mill levy may be such amount as is necessary to pay the debt service on such Debt, and the Board may further provide that such Debt shall remain secured by such increased mill levy, notwithstanding any subsequent change in the District's Debt to assessed value ratio. 2. The Maximum Operation and Maintenance Mill Levy, which shall be subject to a Mill Levy Adjustment, shall be the maximum mill levy a District is permitted to 15 impose upon the taxable property within the District for payment of Operation and Maintenance Costs, and shall be fifty (50) mills until such time that the District issues Debt. After the District issues Debt, the Maximum Operation and Maintenance Mill Levy, when combined with the debt service mill levy imposed for Debt, shall not exceed sixty (60) mills, which combined mill levy limit shall be subject to a Mill Levy Adjustment. The Maximum Operation and Maintenance Mill Levy shall apply to the District's ability to increase its mill levy as necessary for provision of operation and maintenance services to its taxpayers and service users until such time as End Users cast the majority of affirmative votes taken by the District's Board of Directors at a meeting authorizing the elimination of such Maximum Operation and Maintenance Mill Levy, at which time the mill levy may be such amount as is necessary to pay the Operation and Maintenance Costs. D. Debt Parameters. 1. All Debt issued by a District must be issued in compliance with the requirements of Section 32-1-1101, C.R.S. and all other requirements of State law. On or before the effective date of approval of an Approved Development Plan by the Town for property within a District, such District shall not: (a) issue any Debt; (b) impose a mill levy for the payment of Debt by direct imposition or by transfer of funds from the operating fund to the Debt service funds; (c) impose and collect any Fees used for the purpose of repayment of Debt, or (d) levy any Special Assessments. Notwithstanding the foregoing, the Capital Pledge Agreement for Water Tank Improvements, dated December 10, 2015, wherein District No. 2 has promised to repay District No. 1 for certain water tank improvements is hereby grandfathered into this requirement and the execution of such agreement and the imposition of a mill levy by District No. 2 for the payment of Debt shall not constitute a violation of the Service Plan. 2. No District shall pledge any revenue or property of the Town as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the Town of payment of any of a District's obligations, nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the Town in the event of default by a District in the payment of any such obligation. 3. The Districts shall not issue Debt in excess of the Total Debt Limit, which amount is One Hundred Fifteen Million Four Hundred Thirty -Nine Thousand Five Hundred Dollars ($115,439,500), which Total Debt Limit includes any Debt issued for Public Improvements and Regional Improvements, combined; provided that the foregoing shall not include the principal amount of Debt which has been refunded or which is a contractual pledge of taxes or other revenue from a District to another District. 4. Any Debt issued by a District with a pledge or which results in a pledge that exceeds the Maximum Debt Mill Levy (subject to the Mill Levy Adjustment) shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the Town as part of a Service Plan Amendment. The Town shall be entitled to all remedies available at law to enjoin such actions of the District, including the remedy of enjoining the issuance of additional authorized but unissued debt, until such material modification is remedied. 16 E. - Debt Instrument Disclosure Requirement. In the text of each Bond and any other instrument representing and constituting Debt, a District shall set forth a statement in substantially the following form: By acceptance of this instrument, the owner of this Bond agrees and consents to all of the limitations in respect of the payment of the principal of and interest on this Bond contained herein, in the resolution of the District authorizing the issuance of this Bond and in the Service Plan for creation of the District. Similar language describing the limitations in respect of the payment of the principal of and interest on Debt set forth in this Service Plan shall be included in any document used for the offering of the Debt for sale to persons, including, but not limited to, a developer of property within the boundaries of a District. F. Privately Placed Debt Limitation. -- Prior to the issuance of any privately placed Debt, a District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by [insert the _ designation of the Debt] does not exceed a reasonable current [tax- exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. G. TABOR Compliance. The Districts will comply with the provisions of TABOR. In the discretion of the Board, a District may set up other- qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by a District will remain under the control of that District's Board, and any such entity shall be subject to and bound by all terms, conditions, and limitations of the Service Plan and the Intergovernmental Agreement. H. Districts' Organizational Costs and Operation and Maintenance Costs. - The Districts' Organizational Costs, including the estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the Districts' organization and initial operations, are anticipated to be One Hundred Thousand Dollars ($100,000), which will be eligible for reimbursement from Debt proceeds. 17 In addition to the capital costs of the Public Improvements, the Districts will require operating funds for Operation and Maintenance Costs including administration and to plan and cause the Public Improvements to be constructed and maintained, and for ongoing administrative, accounting and legal costs. District No. 1's current operating budget is One Hundred Thousand Dollars ($150,000). The first year's operating budget for District No. 2 through District No. 10 is estimated to be One Hundred Thousand Dollars ($100,000), combined, which is anticipated to be derived from property taxes and other revenues. VitII. ANNUAL REPORT A. General. Each District shall be responsible for submitting an annual report to the Town Clerk within six months of the close of the fiscal year. B. Reporting of Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made or proposed to the District's boundary as of December 31 of the prior year. 2. Copies of the District's rules and regulations, if any, as of December 31 of the prior year. 3. A summary of any litigation which involves the Public Improvements as of December 31 of the prior year. 4. Status of the District's construction of the Public Improvements as of December 31 of the prior year. 5. A list of all facilities and improvements constructed by the District that have been dedicated to and accepted by the Town or other service provider providing service to the property in the District, as of December 31 of the prior year. 6. Notice of any uncured events of default by the District, which continue beyond a ninety (90) day period, under any Debt instrument. 7. Any inability of the District to pay its obligations as they come due, in accordance with the terms of such obligations, which continue beyond a ninety (90) day period. 8. Any alteration or revision of the proposed schedule of Debt issuance set forth in the Financial Plan. IX. DISSOLUTION Upon an independent determination of the Town Board that the purposes for which a District was created have been accomplished, each District shall dissolve upon payment or 18 defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, except that if the District has ongoing operation and maintenance functions authorized under an Intergovernmental Agreement with the Town, the District shall not be required to dissolve but shall retain only the power necessary to impose and collect taxes (subject to the Maximum Operation and Maintenance Mill Levy), Special Assessments or Fees in amounts necessary to pay for those Operation and Maintenance Costs. Additionally, if the Board of Directors of a District determines that the existence of that District is no longer necessary to accomplish the purposes set forth in this Service Plan, the Board of Directors of that District shall promptly effectuate the dissolution of that District. X. DISCLOSURE NOTICES Each District shall provide annual notice to all eligible electors of the District, in accordance with Section 32-1-809, C.R.S. In addition, each District shall record a District public disclosure document and a map of the District boundaries with the Clerk and Recorder of each County in which District property is located, in accordance with Section 32-1-104.8, C.R.S. XI. INTERGOVERNMENTAL AGREEMENT The form of the Intergovernmental Agreement required by the Town Code, relating to the limitations imposed on the Districts' activities, is attached hereto as Exhibit G. The Districts shall approve the Intergovernmental Agreement at their first Board meeting after their organizational election, and shall, upon approval, deliver the executed Intergovernmental Agreement to the Town. Failure of the District to execute the Intergovernmental Agreement as required herein shall constitute a material modification and shall require a Service Plan Amendment. The Intergovernmental Agreement may be amended from time to time by the Districts and the Town, and may include written consents and agreements of the Town as required throughout this Service Plan. Alternatively, such written consents of the Town may be obtained by the Districts without amending the Intergovernmental Agreement, and the Town and each of the Districts may execute additional written agreements concerning matters set forth in this Service Plan. The Districts will also enter into one or more intergovernmental agreement(s) regarding the functions and services to be provided by each District, and the mechanisms to be used by the Districts for the sharing of costs of Public Improvements. Full and complete executed copies of such intergovernmental -agreement(s) and all amendments thereto, as well as all other intergovernmental agreements and amendments thereto proposed between or among the Districts regarding the subject matter of this Service Plan, shall be submitted to the Town upon execution, and all such intergovernmental agreements and amendments thereto shall comply with this Service Plan, the Intergovernmental Agreement, and the terms of the Approved Development Plan or other instrument related to the Public Improvements. No intergovernmental agreements other than the Intergovernmental Agreement and the Districts' intergovernmental agreements are anticipated. Except for the foregoing, any intergovernmental agreement proposed regarding the subject matter of this Service Plan shall be subject to review and approval by the Town prior to its execution by a District. Such Town review and approval shall be with reference to whether the intergovernmental agreement(s) are 19 in compliance with this Service Plan, the Intergovernmental Agreement, and the terms of the Approved Development Plan or other instrument related to the Public Improvements. Mi. NON-COMPLIANCE WITH SERVICE PLAN In the event it is determined that any District has undertaken any act or omission which violates the Service Plan or constitutes a material departure from the Service Plan, the Town may pursue for such violation all remedies available at law or in equity, including without limitation affirmative injunctive relief to require the Districts to act in accordance with the provisions of this Service Plan. To the extent permitted by law, the Districts hereby waive the provisions of Section 32-1-207(3)(b), C.R.S., and agree they will not rely on such provisions as a bar to the enforcement by the Town of any provisions of this Service Plan. XIII. CONCLUSION It is submitted that this Service Plan for the Districts, as required by Section 32-1-203(2), C.R.S., establishes that: 1. There is sufficient existing and projected need for organized service in the area to be serviced by the Districts; 2. The existing service in the area to be served by the Districts is inadequate for present and projected needs; 3.. The Districts are capable of providing economical and sufficient service to the area within its proposed boundaries; and 4. The area to be included in the Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. 20 EXHIBIT A Vicinity Map O Morey 2B7 t'l Flh A"I 40 4� Mulligan Reservoir a—.WddGwrit,Rd30 { 1 Union + Reservoir + I Clark /� 267 Gantenntal Park -04ITIAL-f)ISTRICT 130UNDARIESei Fm,Hlll + Gulf Course Longmont Foster Sltnbom Reservoir Rose rvoir r f � + % r Salnt Vraln__� e Crack C' i • Barbour5tate Park Pond . Barbour State Park --� ---Ken PrpU 81 dd r • f F' . :1,�_ INCLUSIONY DISTRICT ( BOUNDARIE Scale: 1" = 2000' 0 2000' 4000' FEET Eng1'neeis S(IlVB fs �1 ° Sumkt 8i�a'�0 119 METRO DISTRICT Sc/entls& 3ummmvolm VICINITY MAP C', eVon �`�` 1°=2000' COMPANIES OF COLORAW, LTD. WELD COUNTY COLORADO EXHIBIT B Initial Boundary Map and Legal Description TJB Consulting Group, LLC Civil Engineering I Sita Design I Project Management ly Infrastructure Design I Construction Assistance Esr. 2005 EXHIBIT B-1 Page 1 of 4 Highway 119 Metropolitan District Nos. 1-10 District Boundaries Lenal Descriations October 20, 2016 Colorado Survey, LLC Peter A. Bryant, State Of Colorado PLS 20673 DISTRICT 1 -COORDINATING DISTRICT A"PARCEL OF LAND LOCATED WITHIN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 5 BEARS S 88°54,04" E, A DISTANCE OF 2667.45 FEET, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE N OW59 00" E, A DISTANCE OF 100.00 FEET; THENCE S 89°16'05" E, A DISTANCE OF 50.00' FEET TO THE POINT OF BEGINNING; THENCE S 89016'05" E, A DISTANCE OF 10 FEET, THENCE S 00°43'55" W, A DISTANCE OF 10.00' FEET; THENCE N 89'1605" W, A DISTANCE OF 10 FEET; THENCE N 00°43'55" E, A DISTANCE OF 10.00' FEET; TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET OR .002 ACRES MORE OR LESS. DISTRICT 2 - PARTICIPATING DISTRICT TWO PARCELS OF LAND MORE PARTICUARLY DESCRIBED AS FOLLOWS: PARCEL 1- FIRELIGHT PARK ALL OF LOTS A AND B OF RECORDED EXEMPTION NO. 1313-05-3-RE-2794 LOCATED IN THE SOUTH WEST --QUARTER OF -SECTION 5,-TOWNSHIP 2 NORTH, RANGE 68 W EST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. ACCORDING TO THE RECORDED PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5 FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 5 BEARS N 00°4618" E A DISTANCE OF 2631.84 FEET (BASIS OF BEARINGS). THENCE N 00046'18" E A DISTANCE OF 40.62 FEET ALONG THE WEST LINE OF THE SOUTH WEST QUARTER OF SAID SECTIONS TO THE NORTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 119 AND THE TRUE POINT OF BEGINNING. THENCE CONTINUING N 0004618" E A DISTANCE OF 2591.22 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO THE WEST QUARTER OF SAID SECTION 5; THENCE S 89028'02" E A DISTANCE OF 1255.28 FEET ALONG THE NORTH LINE OF THE SOUTH WEST QUARTER OF SAID SECTION 5 TO THE NORTHEASTERLY CORNER OF SAID RECORDED EXEMPTION NO. 1313-05�RE-2794; THENCE S 00°46'18" W A DISTANCE OF 2522.03 FEET ALONG THE EASTERLY LINE OF SAID RECORDED EXEMPTION NO.1313-05-3-RE- 2794 TO THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY NO. 119; THENCE S 8701T48" W A DISTANCE OF 945.54 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY NO. 119 TO AN ANGLE POINT THEREOF; THENCE S 87°3744" W A DISTANCE OF 310.94 FEETALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY NO. 119 TO THE TRUE POINT OF BEGINNING. PARCEL 1 CONTAINING AN AREA OF 73.694 ACRES MORE OR LESS. P.O. Box 1348 l Longmont, CO 80502 303,517,7116 1 toddb@tjbconsulting.com EXHIBIT B-1 Page 2 of 4 PARCEL 2- UNION A TRACT OF LAND SITUATED IN SECTIONS 3,4, 5, TOWNSHIP 2 NORTH RANGE 68 WEST AND SECTIONS 32.33.34 TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE -QUARTER CORNER OF SECTION 3 WHENCE THE NORTHWEST CORNER OF SECTION 3 BEARS NORTH 00°251(Y" EAST 2597.39 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG SAID LINE NORTH 00°2610" EAST 2567.39 FEET TO A POINT ON THE SOUTH RICHT-OR-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING SIX COURSES: 1) THENCE SOUTH 89"31'14" WEST 2654.27 FEET; 2) THENCE SOUTH 89°30'56" WEST 329.58 FEET; 3) THENCE SOUTH 00°3722" WEST 10.00 FEET, 4) THENCE SOUTH 89-30'56" WEST 2005.85 FEET: 5) THENCE NORTH 01°0600" EAST 10.00 FEET; 6) THENCE SOUTH 89°3956" WEST 300.11 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE SOUTH 01°0527' WEST 2583.53 FEET TO THE EAST ONE QUARTER CORNER OF SECTION 5; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ONE QUARTER OF SECTION 5 NORTH 89°08'40" WEST 857.17 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 00043'11" WEST 2401.24 FEET TO A POINT ON THE NORTH RIGHT -OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING SIX COURSES; 1) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5830.00 FEET, A CENTRAL ANGLE OF 09'4411", CHORD OF SAID ARC BEARS NORTH 8703346" WEST 989.52 FEET A DISTANCE OF 990.71 FEET; 2) THENCE SOUTH 83°36'40" WEST 194.00 FEET; 3) THENCE SOUTH 85°1940" WEST 190.60 FEET: 4) THENCE SOUTH 87°34.40" WEST 359.60 FEET; 5) THENCE NORTH 70°23'20" WEST 65.87 FEET; 6) THENCE NORTH 89*1606' WEST 80.01 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 K, THENCE ALONG SAID RIGHT -OF -WAY LINE NORTH 00°43'55" EAST 2416.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89°08'43" EAST 20.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1l2; THENCE ALONG SAID RIGHT -OF --WAY LINE NORTH 00043'36" EAST 1380.65 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FOUR COURSES; 1) THENCE SOUTH 71034-28- WEST 514.79 FEET; 2) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 2904.00 FEET, A CENTRAL ANGLE OF 08°2909", CHORD OF SAID ARC BEARS SOUTH 67°2452" WEST 422.13 FEET) A DISTANCE OF 422.50 FEET; 3) THENCE SOUTH 63°14152" WEST 1843.45 FEET; 4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1310.00 FEET, A CENTRAL ANGLE OF 050,19'20", CHORD OF SAID ARC SEARS SOUTH 65054'32" WEST 121.64 FEET) A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5: THENCE ALONG SAID WEST LINE NORTH 01004'47" EAST 831.73 FEET; THENCE LEAVING SAID WEST LINE NORTH 68°5751" EAST 1252.56 FEET; THENCE NORTH 27020'44" EAST 1190.29 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89041'22" WEST 711.50 FEET, THENCE NORTH 36.31 '56" EAST 37.49 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE NORTH 89°41'22" EAST 15.43 FEET; THENCE NORTH 49"51'56" EAST 46.84 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT -OF WAY LINE THE FOLLOWING FIVE COURSES; 1) THENCE NORTH 89°41'22" EAST 1586.69 FEET; 2) THENCE NORTH 89°31'00" EAST2696.28 FEET; THENCE NORTH 89030'56" EAST 2634.55 FEET; 4) THENCE NORTH 89-31'14" EAST 2655.22 FEET; 5) THENCE SOUTH 89035'13 EAST 30.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 00°2610" WEST2627.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 3; THENCE ALONG SAID SOUTH LINE SOUTH 89°39'23" WEST 30.00 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 3 AND THE POINT OF BEGINNING. EXCEPTING THERE FROM THE FOLLOWING TWO TRACTS OF LAND: 1) THAT PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 5, AND 2) THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12,1906 IN BOOK 241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1) BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1/2 WHENCE THE NORTH ONE - QUARTER CORNER OF SECTION 5 BEARS NORTH 45°12'29" EAST 42.82 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00043'39' WEST 103.92 FEET; THENCE SOUTH 52°23'30-WEST 141.94 FEET; THENCE SOUTH 71°27'35" WEST 93.45 FEET; THENCE SOUTH 79°06.16" WEST 173.06 FEET; THENCE NORTH 88°41'43" WEST 134.80 FEET; THENCE NORTH 63"35'24" WEST 111.77 FEET; THENCE NORTH 38°40'00" WEST 57.32 FEET; THENCE NORTH 06°3540" WEST 42.71 FEET; THENCE NORTH 16°04'00" EAST 114.11 FEET TO A POINT ON THE Highway 119 Metropolitan District Nos. 1-10 District Boundaries Legal Descriptions Augusta, 2017 TJE Consuffing Croup, LLC EXHIBIT B-1 Page 3of4 SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE NORTH 89°41'22" EAST616.32 FEET TO THE POINT OF BEGINNING. 2) BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILWAY AND THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1/2 WHENCE THE NORTH ONE -QUARTER CORNER OF SECTION 5 BEARS NORTH 06°46'08" WEST 1149.37 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 7103657" EAST 1704.79 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1398.11, A CENTRAL ANGLE OF 40-2946", CHORD OF SAID ARC BEARS NORTH 51825'34" EAST 964.30 FEET) A DISTANCE OF 984.51 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE NORTH 89°31'00" EAST 93.11 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1478.11 FEET, A CENTRAL ANGLE OF 42°14'42", CHORD OF SAID ARC BEARS SOUTH 50°28'36" WEST 1065.31 FEET) A DISTANCE OF 1089.83 FEET; THENCE SOUTH 71"35'57' WEST 1732.54 FEET TO A POINT ON THE EASTERLY RIGHT-OFANAY LINE OF WELD COUNTY ROAD 3112;THENCE ALONG SAID EASTERLY RIGHT -OF WAY LINE NORTH 00°43'36" EAST 84.68 FEET TO THE POINT OF BEGINNING. PARCEL 2 - THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 33B.653 ACRES MORE OR LESS. THE GROSS AREA OF EXCEPTION 1 IS 3.113 ACRES MORE OR LESS. THE GROSS AREA OF EXCEPTION 2 IS 5.061 ACRES MORE OR LESS. PARCEL 2 THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 330.479 ACRES MORE OR LESS. PARCELS 1 AND 2 CONTAINING 404.173 ACRES MORE OR LESS. DISTRICT 3 - PARTICIPATING DISTRICT COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 2 AS DESCRIBED ABOVE; THENCE S 89°16'05" E, A DISTANCE OF 10 FEET; THENCE S 00°43'55" W, A DISTANCE OF 10.00' FEET; THENCE N 89016'05" W, A DISTANCE OF 10 FEET; THENCE N 00°43'55" E, A DISTANCE OF 10.00' FEET; CONTAINING 100 SQUARE FEET OR .002 ACRES MORE OR LESS. DISTRICT 4 - PARTICIPATING DISTRICT COMMENCING AT THE NORTHEAST CORNER OF PARCEL 1 AS DESCRIBED ABOVE; THENCE S 89°16'05" E, A DISTANCE OF 10 FEET; THENCE S 00°43'55" W, A DISTANCE OF 10.00' FEET; THENCE N 89°16'05" W, A DISTANCE OF 10 FEET; THENCEN 00°43'55" E, A DISTANCE OF 10.00' FEET; CONTAINING 100 SQUARE FEET OR .002 ACRES MORE OR LESS. DISTRICT 5 - PARTICIPATING DISTRICT COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 4 AS DESCRIBED ABOVE; THENCE S 89°16'05" E, A DISTANCE OF 10 FEET; THENCE S 00°43'55" W, A DISTANCE OF 10.00' FEET; THENCE N 89'16'05" W, A DISTANCE OF 10 FEET; THENCE N 00043'55" E, A DISTANCE OF 10.00' FEET;' CONTAINING 100 SQUARE FEET OR .002 ACRES MORE OR LESS. Highway 119 Metropolitan District Nos. 1-10 District Boundaries Legal Descriptions August 3, 2017 TJ8 Consurir;g Group, LLC EXHIBIT B-1 Page 4 of 4 DISTRICT 6 - PARTICIPATING DISTRICT COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 5 AS DESCRIBED ABOVE; THENCE S 89'16'05" E, A DISTANCE OF 10 FEET; THENCE S 00"43'55" W. A DISTANCE OF 10.00' FEET; THENCE N 89016'05" W, A DISTANCE OF 10 FEET; THENCE N 00'43'55" E, A DISTANCE OF 10.00' FEET; CONTAINING 100 SQUARE FEET OR .002 ACRES MORE OR LESS. DISTRICT 7 - PARTICIPATING DISTRICT A PARCEL OF LAND LOCATED WITHIN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHWEST CORNER OF DISTRICT 1 - COORDINATING DISTRICT AS DESCRIBED ABOVE; THENCE NORTH 00'43'55" EAST 10.09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'43'56` EAST 10.00' FEET; THENCE SOUTH 89'16'05" EAST 10.00 FEET; THENCE SOUTH 00'43'55" WEST 10.00 FEET; THENCE NORTH 89'16'05" WEST 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET OR .002 ACRES MORE OR LESS. DISTRICT 8 - PARTICIPATING DISTRICT BEGINNING AT THE NORTHEAST CORNER OF THE DISTRICT 7 PARCEL DESCRIBED ABOVE, THENCE SOUTH 89'1905" EAST 10.00 FEET; THENCE SOUTH 00'43'55" WEST 10.00 FEET, THENCE NORTH 89'16'05' WEST 10.00 FEET TO THE SOUTHEAST CORNER OF ABOVE DISTRICT 7; THENCE NORTH 00'43'55" EAST 10.00' FEET ALONG THE EAST LINE OF SAID DISTRICT 7 TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET OR .002 ACRES MORE OR LESS. DISTRICT 9 - PARTICIPATING DISTRICT BEGINNING AT THE SOUTHEAST CORNER OF THE DISTRICT 7 PARCEL DESCRIBED ABOVE, THENCE SOUTH-89'1605"-EAST 10.00 FEET ALONG THE SOUTH LINE OF THE ABOVE DISTRICT 8 PARCEL; THENCE SOUTH 0004356' WEST 10.00 FEET TO THE NORTHEAST CORNER OF THE DISTRICT 4 PARCEL DESCRIBED IN EXHIBIT A-1; THENCE NORTH 89'1605" WEST 10.00 FEET ALONG THE NORTH LINE OF SAID DISTRICT 4 PARCEL; THENCE NORTH 00'4355" EAST 10.00' FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET OR .002 ACRES MORE OR LESS. DISTRICT 10 - PARTICIPATING DISTRICT BEGINNING AT THE SOUTHWEST CORNER OF THE DISTRICT 7 PARCEL DESCRIBED ABOVE, THENCE SOUTH 89*1605" EAST 10.00 FEET ALONG THE SOUTH LINE OF THE ABOVE DISTRICT 7 PARCEL; THENCE SOUTH 00'43'55" WEST 10.00 FEET TO THE NORTHWEST CORNER OF THE DISTRICT 4 PARCEL AND NORTHEAST CORNER OF PARCEL 1 BOTH DESCRIBED IN EXHIBIT A-1 AND THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED DISTRICT 9 PARCEL; THENCE NORTH 89016'05" WEST 10.00 FEET ALONG THE NORTH LINE OF SAID DISTRICT 1 PARCEL; THENCE NORTH 00'43'55" EAST 10.00' FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET OR .002 ACRES MORE OR LESS. FATJBccgMJr ion Ftwy 110 Metro Distrk= Dishid Docs1Lo0s%Ex B-1 "I IS MD Nos 1.10201708 03.doc Highway 119 Metropolitan District Nos. 1-10 District Boundaries Legal Descriptions August 3, 2017 TJB ConsuKing Group, LLC EXHIBIT B-2 Sheet 1 of 2 i N 19 COR. SEC 5 T2N, R66W j 1i�1 z NW COP, SEC 5T2N.R66W WELD COUNTY ROAD26 COORDINATING DISTRICT lU CJTY OF ; LL LONGbK W O seta 04E iI w TITLE 32 DISTRICT 2 J _ ER'w _ DISTRICT BOUNDARIES 6as''e°sm 1 4 FOR DISTRICTS 1, 3, 4-6 f ND' �]' 56E g o 30.w 3 6 goo V ND' .3'65E - _ sa.w Sa9Y0 � D 'FIRELIGHT PARK PROPERTY LINE ! 2N. ew ____STATE HIGHWAY 119 - ---------------- `------- -- I ; DISTRICT SW COR. SEC DISTRICT 2 5 T2N, R68W � o ' o ; ' nreADawvArF� FARMFKING 21 BOUNDARIES DETAIL F P; 8 1 ' 3I North Scale:. 1" = 1000' swcoa SEC sr2N,R66w -- - -- — -- =RWW 1190 1000' 2000'S 114 COR. SEC 5T2N, R66F E ET -11 SE C., HIGHWAY 119 METROPOLITAN DISTRICT Nos. 1-10 TITLE 32 BOUNDARIES AUGUST 3, 2017 1 "=1000' WELD COUNTY COLORADO EXHIBIT B-2 SHEET 2 of 2 I �S8Er16'O6*E 20.00' N0943'55 E 20.00'--w- 7 8 s—S00'43'S5 W 20.00' 10 9 POINT OF COMMENCEMENT, DISTRICT7 1 4 N89 i6'OS'W 20.00' PARCEL I 5 I !� BOUNDARIES FOR ! 3 g DISTRICTS 1,3-10 WEST LINE ___--WEST SECTION 5 I FIRELIGHT PARK PROPERTY LINE I — J I STATE HIGHWAY 119 RIGHT OF WAY EC 5 LTM2.COReBi 6TH P.M. r — — — SOUTH LINE SECTION 5 — — — — HIGHWAY 119 METROPOLITAN DISTRICT Nos.1-10 TITLE 32 BOUNDARIES 0 1s 30 NDdh COLORADO SURVEY ig P.D. Boot IBM 303 617.7116 1"=30' LmomoM 00 80602 PETER A.BYRANT,PIS 8.5x11 Sheet AUGUST 3, 2017 EXHIBIT C Inclusion Area Boundary Map and Legal Description \dw2 (s EXHIBIT C-1 vgum SHEET 1 OF V-9omig UNION LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN SECTIONS 3, 4, 5, TOWNSHIP 2 NORTH RANGE 68 WESTAND SECTIONS 32,33,34 TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST ONE -QUARTER CORNER OF SECTION 5 WHENCE THE NORTH ONE -QUARTER CORNER OF SECTION 5 BEARS SOUTH 89'31'00' WEST 2696.54 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG THE EAST LINE OF SAID SECTION 5 SOUTH 01'0527' WEST2613.54 FEET TO THE EAST ONE QUARTER CORNER OF SECTION 5; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ONE QUARTER OF SECTION 5 NORTH 89'08'40' WEST857.17 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 0004311" WEST 2401.24 FEET TO A POINT ON THE NORTH RIGHT -OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING SIX COURSES; 1) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5830.00 FEET, A CENTRAL ANGLE OF 09'44-11 ", CHORD OF SAIDARC BEARS NORTH 87'33'46"WEST 9 89. 62 FEETA DISTANCE OF 990.71 FEET; 2) THENCE SOUTH 83'36'40" WEST 194.00 FEET; 3) THENCE SOUTH 85°1040" WEST 190.60 FEET: 4) THENCE SOUTH 87'34'40" WEST 359.60 FEET; 5) THENCE NORTH 70'23'20" WEST 65.87 FEET; 6) THENCE NORTH 89*16'05" WEST 80.01 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3'/:; THENCE ALONG SAID RIGHT -OF -WAY LINE NORTH 00'4Y55" FAST2416.79 FEETTO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89'08'43" EAST 20.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 112; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00'4316" EAST 1380.65 FEET TO A POINTON THE NORTHERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FOUR COURSES; 1) THENCE SOUTH 71'34'28' WEST514.79 FEET; 2) THENCE ALONG THE ARC OFA CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS 02904.00 FEET, A CENTRAL ANGLE OF 08020'09", CHORD OF SAIDARC BEARS SOUTH 67'24'52" WEST 422.13 FEET) A DISTANCE OF 422.50 FEET; 3) THENCE SOUTH 63014'52" WEST 1843.45 FEET, 4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1310.00 FEET, A CENTRAL ANGLE OF 05" 19'20", CHORD OF SAID ARC SEARS SOUTH 65054S2" WEST 121.64 FEET) A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5: THENCE ALONG SAID WEST LINE NORTH 01'04'4T' EAST 831.73 FEET; THENCE LEAVING SAID WEST LINE NORTH 68'57'61" EAST 1252.56 FEET; THENCE NORTH 27'20'44" EAST 1190.29 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD26; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89'41'22" WEST 711.50 FEET; THENCE NORTH 36'31 5W EAST 37.49 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG-SAID'NORTH LINE NORTH 89.41'22" EAST 15,43 FEET; THENCE NORTH 49'51'56" EAST46.64 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 89041'22" EAST 1586,69 FEET; THENCE NORTH 89'31'00" EAST 2696.28 FEETTO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 33; THENCE ALONG SAID EAST LINE SOUTH 00'20'10" WEST 30.00 FEET TO THE NORTHEAST ONE -QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING. 1!3 COMPANIES, LTD. 2M BLAKE STREET., SM.130, DENVER, CO. SD205 PH: 3034MOISSM Fx 963.688- m32 DENIER CHICAGO PHOENIX yN.9 EXHIBIT C-1 vqd SHEET 2 OF 3 \w Uwlpa UNION LEGAL DESCRIPTION (CONT'D) EXCEPTING THERE FROM THE FOLLOWING TWO TRACTS OF LAND: 1) THAT PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 5, AND 2) THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12, 1906 IN BOOK 241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1) BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT OF -WAY LINE OF WELD COUNTY ROAD 26 AND THE WESTERLY RIGHTOFWAY LINE OF WELD COUNTY ROAD 3 112 WHENCE THE NORTH ONE -QUARTER CORNER OF SECTION 5 SEARS NORTH 45°1229" EAST 42.62 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°43 36" WEST 103.92 FEET; THENCE SOUTH 52°23'30• WEST 141.94 FEET; THENCE SOUTH 71'2735" WEST 93.45 FEET; THENCE SOUTH 79'0616" WEST 173.06 FEET; THENCE NORTH 88'41'43" WEST 134.80 FEET; THENCE NORTH 63"35'24" WEST 111.77 FEET; THENCE NORTH 38'40'00" WEST 57.32 FEET; THENCE NORTH 06'35'40" WEST 42.71 FEET; THENCE NORTH 16"04'00" EAST 114.11 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -NAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89*4122" EAST 616.32 FEET TO THE POINT OF BEGINNING. 2) BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILWAY AND THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1/2 WHENCE THE NORTH ONE -QUARTER CORNER OF SEC170N 5 BEARS NORTH 00*46108" WEST 1149.37 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 71'35'57" EAST 1704.79 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 1398.11, A CENTRAL ANGLE OF40`20'46", CHORD OF SAID ARC BEARS NORTH 51'25'34" EAST964.30 FEET) A DISTANCE OF 984.61 FEETTO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; _THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89'31'00" EAST 93.11 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE GREATWESTERN RAILWAY; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE ALONG THE ARC OFA CURVE TO THE RIGHT (SAIDCURVE HAVING A RADIUS OF-1478.11 FEET, A CENTRAL ANGLE OF 42°14'42", CHORD OF SAID ARC BEARS SOUTH 5W28'36" WEST 1065.31 FEET) A DISTANCE OF 1089.83 FEET; THENCE SOUTH 71 °35'57' WEST 1732.54 FEET TO A POINT ON - THE. EASTERLY_PJGHT-0E-WAY LINE OF WELD COUNTY ROAD 3 KTHENCE ALONG SAID EASTERLY RIGHT -OF WAY LINE NORTH 00'4336' EAST 84.68 FEET TO THE POINT OF BEGINNING. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 338.663 ACRES MORE OR LESS. THE GROSS AREA OF EXCEPTION 1 IS 3.113 ACRES MORE OR LESS. THE GROSS AREA OF EXCEPTION 2 IS 5.061 ACRES MORE OR LESS. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 330.479 ACRES MORE OR LESS. FIRELIGHT LEGAL DESCRIPTION ALL OF LOTS A AND B OF RECORDED EXEMPTION NO. 1313-053-RE-2794 LOCATED IN THE SOUTH WESTQUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 W EST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. ACCORDING TO THE RECORDED PLAT THEREOF, DESCRIBEDAS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5 FROM WHICH THE WEST QUARTER CORNEROF SAID SECTION 5 BEARS N 00446'18" E A DISTANCE OF 2631.64 FEET (BASIS OF BEARINGS). THENCE N 00.46'18" EA DISTANCE OF 40.62 FEET ALONG THE WEST LINE OF THE SOUTH WEST QUARTER OF SAID SECTION 5 TO THE NORTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY NO. 119 AND THE TRUE POINTOF BEGINNING. THENCE CONTINUING N 00646'18" E A DISTANCE OF 2591.22 FEET ALONG THE WESTLINE OF THE SOUTH WEST QUARTER OF SAID SECTION 5 TO THE WEST QUARTER OF SAID SECTION 5; THENCE S 89'28'02" E A DISTANCE OF 1255.28 FEET ALONG THE NORTH LINE OF THE SOUTH WEST QUARTER OF SAID SECTION 5 TO THE NORTHEASTERLY CORNER OF SAID RECORDED EXEMPTION NO. 1313-053-RE-2794. V3 COMPANIES, LTD. 23M BLAZE STREET., FM 130 ORIVEPS 00. 80205 PH: 30$4804=8 FK 303488-6832 DENVER CHICAGO PHOENIX EXHIBIT C -1 SHEET 3 OF 3 FIRELIGHT LEGAL DESCRIPTION (CONT'D) THENCE S 00'46*18" W A DISTANCE OF 2522.03 FEET ALONG THE EASTERLY LINE OF SAID RECORDED EXEMPTION NO. 1313-053-RE-2794 TO THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY NO. 119. THENCE S 67'17'48` W A DISTANCE OF 945.54 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY NO. 119 TO AN ANGLE POINT THEREOF; THENCE S 87'3744" W A DISTANCE OF 310.94 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY NO. 119 TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 73.694 ACRES MORE OR LESS. SHERRELWOOD LEGAL DESCRIPTION A TRACT OF LAND DESCRIBED AS THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. EXCEPTING UNION RESERVOIR AS DESCRIBED IN BOOK 200 PAGE 454. ALSO EXCLUDING THE RIGHT-OF-WAY OF THE GREAT WESTERN RAILROAD AS DESCRIBED IN BOOK 241 PAGE 392 AND ALL PROPERTY NORTH OF THE RAILROAD RIGHT-OF-WAY. ADAM PROPERTY LOT S A AND B INCLUSIVE, RECORDED EXEMPTION NO. 1313-4-2RE 1085, RECORDED MAY 24. 1988 AT RECEPTION NO. 2142263 IN BOOK 1197. BEING LOCATED IN THE NORTH HALF OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. GOLDEN PROPERTY LEGAL DESCRIPTION A PORTION OF LOT A RECORDED EXEMPTION NO, 1313-04-2-RE 2540, ACCORDING TO THE MAP RECORDED JANUARY 11. 2000 AT RECEPTION NO. 2743689, BEING A PART OF THE NORTHWEST QUARTER OF SECTION 4. TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4 AS MONUMENTED BY A RECOVERED 3-1/4'ALUMINUM CAP, 'LS 37945' AND AT THE NORTH QUARTER CORNER OF SAID SECTION 4 BY A RECOVERED 3-114' ALUMINUM CAP, "LS 22098" iS ASSUMED TO BEAR N 89"30'56" E, A MEASURED DISTANCE OF 2634.41 FEET, WITH ALL BEARINGS RELATIVE TO HEREON; THENCE S 01'0530" W, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 30.01 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY 800K 86 AT PAGE 273, SAID POINTALSO BEING 30.00 FEET SOUTH AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE POINT OF BEGINNING ; THENCE N 89'30'56' E. ALONG THE SOUTHERLY LINE OF SAID RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF300.11 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THk WEST LINE OF ON THE NORTHWEST QUARTER OF SAID SECTION 4, S 01'0530' W, A DISTANCE OF 370.14 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE ALONG THE SOUTH LINE OF SAID LOTAAND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 89'30'56" W, A DISTANCE OF 300.11 FEETTO THE SOUTHWEST CORNER OF SAID LOTH, SAID POINT ALSO BEING ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 01'05'30' E, A DISTANCE OF 370.14 FEET TO THE POINT OF BEGINNING ; SAID PARCEL CONTAINS 111,040 SO. FT. OR 2.549 AC., MORE OR LESS. EXHIBIT 2 �T SHEET 1 OF 1 31 32 ,` �S - .-.�.t \� • .v r. •grip �- ., � ' � n ••l-•- \� '�IJ..■+U' ice/ � i � •�. ! _� , _w . LONGMONT "~ s• OR 2kT3 it �73 Ir ` . ti lit t`3x;;• FIRESTONE h �J 119 METRO DISTRICT Sutieyv� oerr.,cmaoaca Sdvnftb DISTRICT INCLUSION BOUNDARIES I NG 1"=2000' COM MMESOKOWWO.M. WELD COUNTY COLORADO — — z.aooroo■mav■r■n,r��c�uo+�,oe„rra.some"aaos�oT•aakrcens,.wee.ern.�raor.ietnrw"■wa+a�i�on.�sam��r.�++ EXHIBIT D Financial'Plan George K. Baum & Company I N V C. $ T )I E N T RANRRILS SINCV 1 0 1 8 August 1, 2017 Town of Firestone 151 Grant Avenue Firestone, CO 80520 Re: Finance Plan for Highway 119 Metropolitan Districts Nos. 1-10 To Whom It May Concern: George K. Baum & Company has been working closely with the petitioners of the Highway 119 Metropolitan Districts Nos. 1-10 {"the Districts'}. We have reviewed the updated service plan and have developed new cash flow analyses which demonstrate the feasibility of the financings based upon assumptions and representations provided by the developer. Our analyses do not include an evaluation of the support for these assumptions and representations. Based on our work to date and our understanding of and experience with the financial markets, we are confident that the proposed limited tax general obligation bonds can be successfully marketed. As currently proposed within the service plan, we believe that the bond structure represented in the finance plan will be acceptable to investors and will result in a successful bond issue. The proceeds of the bonds will be used to pay for or reimburse the developer for public improvements to be made inside and outside the Districts' boundaries. We have assumed that the bonds would be issued as non -rated, fixed rate bonds. The bonds may be issued wholly through a, District No: l or, through any of the other districts individually. For the purposes of this analysis, we show the development and bond issues in the aggregate, broken into residential and commercial components. Due to the potential for the Districts to include adjacent properties into the Districts, we have also included a table summarizing the incremental assessed value that each of those four areas could provide. This table follows the commercial analysis. Should you have any questions or require clarification of any of the numbers or assumptions within the finance plan, please do not hesitate to contact me. Sincerely Yours, GEORGE K. BAUM & COMPANY Alan T. Matlosz Senior Vice President 1400 Wewatta Street, Suite 800 • Denver, CO 80. Phone (303) 292-1600 • Fax (303) 391-5590 Highway 119 Metropolitan District Nos. 1-10 Summary of Significant Assumptions (1) Revenue Sources The revenue sources available to the Districts and contemplated in the Districts' finance plan in clued the following sources: a. Ad Valorem property taxes, which comprise the majority of revenues available to the district for the funding of infrastructure improvements or to repay bonded debt related thereto. Residential property is currently assessed at 7.20%, and commercial property is assessed at 29%. b. Public improvement fees (PIF) are included on the commercial analysis. These include a 1.00% credit PIF and a 2.00% add -on PIF. Accordingly, bond amounts are determined based upon the capacity that such PIF revenue allow, when combined with property tax revenues. The table which shows the four inclusion areas contains a projection of the bonding capacity net of PIF revenues. c. Specific Ownership taxis assumed to be collected at 9% of the property taxes collected. For the purposes of this analysis, no system development fees have been included. The Weld County Treasurer currently charges a 1.5% fee for the collection of property taxes, which amount is deducted from the revenue available for the repayment of debt service. (2) District Improvements The Districts estimate a cost for the public improvements associated with the development in the Districts to be $70.6 million over the build -out of the Districts. The timing of these - expenditures are related to various components of the Districts' development, each of which may occur on a different timetable and which are, in reality, likely to deviate from that timetable. The development will be heavily driven by market conditions, as in the case of any development, Based upon construction costs and price inflation by the time such improvements are made, the cost of the improvements could be more or less than the $70.6 million estimated. The financial forecast provided in this analysis undertakes no verification of these cost estimates or the timing of development. (3) Bond Issue & Structure Assumptions The bonds are assumed to be issued as fixed-rate bonds, issued at a rate of 5.75%, maturing over a 30-year period. The bonds are anticipated to be secured by a limited property tax mill levy of 50 mills for the residential components of the development, and 30 mills for the commercial components. Capitalized interest is utilized in this analysis to provide for additional growth in assessed value prior to principal repayments. The bonds are further assumed to include a reserve fund, which will provide additional security to the financing structure. Highway 119 Metropolitan Districts No.1-10 In the Town of firestone General Obligation Bonds Residential 1 Commercial Property Inclusion Areas Combined District & Inclusions Union Firelight Park Sherretwood Golden Adam Total Inclusions 1,506 Residential Units 475 316 300 15 400 1,031 Average Price/Unit 586,147 440,000 440,000 440,000 675,000 Incremental Market Value 278,420,000 139,040,000 132,000,000 6,600,000 270,000,000 547,640,000 826,060,000 Assessed Value 22,162,232 11,067,584 10,507,200 525,360 21,492,000 43,592,144 65,754,376 Commercial Square Footage 674,890 500,000 500,000 1,174,890 Average Price/SF 194 194 Incremental Market Value 130,928,660 97,000,000 97,000,000 227,928,660 Assessed Value 37,969,311 28,130,000 28,130,000 66,099,311 Combined Assessed Value 60,131,543 39,197,584 10,507,200 525,360 21,492,000 71,722,144 131,853,687 tno biannual gmwthj Combined Bonding Capacity Commercial Residential Total Par Project Funds Generated (project funds: par) Ratio of Debt to Assessed Value (at NNW 71,055,000 36,145,000 107,200,000 95,913,670 89% 81% George K. Baum & Company 8/1/2017 1 Highway 119 Metropolitan Districts No.1.10 - Residential In the Town of Firestone 119Metro -Res General Obligation Bonds 1.go9-17 4:58 PM Table of Schedules Assumptions Residential District 50 Mill Residential Bond Levy Preliminary as of 07/31/2017 Non Rated - 5.75% Interest Rate Par Amount Project Amount Series 2018 - 30 Year Term $18,340,000 $17,101,326 Series 2021- 30 Year Term $17,805,000 $16,503,502 Series 2023 - 30 Year Term $18,105,000 $16,288,420 $36,145,000 $33,604,828 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 . Cover Page Schedule of Cashflows Schedule of Vacant Lot Valuation Schedule of Residential Development Hssessea valuation 5umma Series 2018 Sources and Uses of Funds Series 2018 Debt Sevice Schedule Series 2021 Sources and Uses of Funds Series 2021 Debt Sevice Schedule Series 2023 Sources and Uses of Funds Series 2023 Debt Sevice Schedule George K. Baum Company 8/1/2017 I , 2 Highway 119 Metropalitan Dlstrlcts!No.1.10 - Residential In the Town of Firestone 1 u9Matm-Rn General Obligation Bonds r a I &irtoll ISMSchedule of Cashflows ' I Residential district Specific $2,000 Earnings on Revenue Projected Ratio of Residential Property Ownership Per SFU Cumulative Available $18,340,000 $17,805.000 $18,105,000 Total Annual Cumulative Collection Assessed Debt to Mill Tax @ Tax Facility Surplus' for Series 2018 Series 2021 Series 2023 Net Surplus/ Surplus/ Year Valuation AV Levy 98.5% 9% Fees 1.00% • Debt Service Net Debt Service Net Debt• Service Net Debt Service Debt Service Deficit Deficit 1 2) 3) 4 (5) (fi 8 9 10 11j 12 (13) (14 15 at issue 2016 _ 2017 2,130,165 - _ - _ 2018 2,130,165 1697% 50.0 104,911 9,442 - 114,353 - - 114,353 114,353 2019 22,242.333 162% 50.0 1,095.435 98,589 32,000 1,144 1.227,168 1,131,691 1,131,691 95,477 209,829 2020 29,666,369 119% 50.0 1,461.069 131,496 192,000 2,098 1.786,663 1,746,485 1,746A85 40,178 250,007 2021 32,735,776 105% 50.0 1,612,237 145,101 198,000 2,500 1,957,838 1,895,946 1,895,948 61.891 311,898 2022 35,955,856 95% 50.0 1,770,826 159,374 198,000 3,119 2,131,319 1,099,485 1,015,234 2,114,720 16,599 328,497 2023 41,918,853 81°% 50.0 2,064,504 185,805 158,000 3,285 2,411,594 1,345,860 1,014,888 2,360,749 50,845 379,343 2024 46,530,333 73°% 50.0 2,291,619 206,246 92,000 3,793 2,593.658 917,573 1,014,888 667,974 2,600,435 (6,777) 372,565 2025 51,742.300 66% 50.0 2,548,308 229,348 48,000 3,726 2,829,382 917,573 1,014,888 901,855 2,834,316 (4,935) 367,631 2026 55,931,260 60°% 50.0 2,754.615 247,915 32,000 3,676 3,038.206 987.573 1,014,888 1,031,985 3,034,446 3,760 371,391 2027 60,854,205 55% 50.0 2,997.070 269,736 - 3,714 3,270,520 1,143,548 1,014,888 1,096,985 3,255,421 15,099 386,489 2028 63,232,365 52% 50.0 3,114,194 280,277 3,865 3,398,336 1,260.323 1,014,888 1,088,248 3,363,459 34,879 421,367 2029 66,275,412 49% 50.0 3,264,064 293,766 4,214 3,562,043 1,289,623 1,094,888 1,139,798 3,524,309 37,735 459,102 2030 66.275,412 48% 50.0 3,264,064 293,766 - 4,591 3,562,421 1,261,048 1,130,288 1,143,185 3,534,521 27,900 487,001 2031 67,600,921 46°% 50.0 3,329.345 299,641 4,870 3,633,856 1,292,760 1,168.388 1,140,998 3,602,146 31,710 518,712 2032 67,600,921 44% 50.0 3,329,345 299,641 - 5,187 3,634,174 1,291,310 1,183,901 1,143,523 3,618,734 15.440 534,152 2033 68.952.939 42% 50.0 3,395,932 305,634 5,342 3,706,908 1,293,423 1,242,976 1,140,473 3,676,871 30,037 564,188 2034 68,952.939 41% 50.0 3,395,932 305,634 5,642 3,707,208 1,293,810 1,243.026 1,142,135 3,678,971 28,237 592,425 2035 70,331,998 39% 50.0 3,463,851 311,747 5,924 3,781,522 1,292,473 1,267,213 1,163.223 3,722,909 58,613 651,038 2036 70,331,998 37% 50.0 3,463,851 311,747 6,510 3,782,108 1,294,410 1,299,101 1,162,585 3,756,096 26,012 677,050 2037 71,738,638 35% 50.0 3,533,128 317,982 6.770 3,857,880 1,294,335 1,353,113 1,161,373 3,808,821 49,059 726,109 2038 71,738,638 33°% 50.0 3.533.128 317,982 7.261 3,858,371 1,292,248 1,307,813 1,234.585 3,834,646 23,724 749,833 2039 73,173,410 30°% 50.0 3,603,790 324,341 7,498 3,935,630 1.293,148 1,358,663 1,232,910 3,884,721 50,909 800,742 2040 73,173,410 28°% 50.0 3,603,760 324,341 - 8.007 3,936,139 1,291,748 1,370,201 1,235.373 3,897,321 38,818 839,560 2041 74,636,879 26°% 50.0 3,675,866 330,828 8,396 4.015,090 1,293,048 1,424,438 1,246,685 3,964.171 50,919 890,478 2042 74,636,879 23°% 50.0 3,675,866 330,828 8,905 4,015,599 1,291,760 1,443,788 1,256,273 3,991,821 23,778 914,256 2043 76,129,616 20°% 50.0 3,749,384 337,445 9.143 4,095,971 1,292,885 1,494,976 1,264,135 4,051,996 43,975 958,231 2044 76,129,616 18°% 50.0 3,749,384 337,445 9.582 4,096,410 1.291,135 1,495,988 1,265,273 4,052,396 44,014 1,002,245 2045 77,652,209 15°% 50.0 3,824,371 344,193 10.022 4,178,587 1,291,510 1,509,413 1,339,973 4,140,896 37,691 1,039,936 2046 77,652,209 12% 50.0 3,824,371 344,193 10,399 4,178,964 1.293,723 1,499,388 1,353,923 4,147,034 31,930 1,071,866 2047 79,205,253 7% 50.0 3,900,859 351.077 10,719 4,262,655 1,292,485 1,562,063 1,385,285 4,239,834 22,821 1,094,687 2048 79,205,253 0% 50.0 3,900,859 351,077 10,947 4,262,883 1,215,074 1,563,126 1,417,910 4.196,110 66,773 1,161,460 2049 80,789.358 7% 50.0 3.978,876 358,099 11,615 4,348,589 1,215,074 1,750,738 1,321.510 4,287,322 61,267 1,222,727 2050 80,789,358 7% 50.0 3,978,876 358,099 12.227 4.349,202 2,893,976 1,438,273 4,332,248 16,954 1,239,681 2051 82,405,145 0% 50.0 4,058,453 365,261 12.397 4,436,111 2,797,152 1,616,123 4,413,275 22,836 1,262,517 2052 82,405,145 0% 50.0 4,058,453 365,261 12,625 4,436,339 4,421,035 4,421,035 15.304 1,277,821 2053 84,053,248 0% 50.0 4,139,622 372,566 12.778 4,524,967 4,515,960 4,515,960 9,007 1,286,828 10,215,922 950,000 242,492 124,918,662 39,403,089 41,559.187 42,669,559 123,631,835 1,286,828 George K. Baum & Company 8/1/2017 3 Highway 119 Metropolitan Districts No. 1-10 - Residential In the Town of Firestone General Obligation Bonds Assessed Valuation Summary 119 MM - Ras SMAV { Completion Assessment Tax Collection Year Year Year Incremental Residential Assessed Valuation Vacant Lots Residential (Vacant Lad AV Reduced a& urd$ buEVWd) Total Assessed Valuation Incremental Growth Factor Cumulative AV 2.0% Assessed Valuation 2,130,165 2016 2017 2018 - 2,130,166 2017 2018 2019 20,069,565 20,069,565 42,603 22,242,333 2018 2019 2020 6,819,235 604,800 7,424,035 29,666,369 2019 2020 2021 (2,610,000) 5,086,080 2,476,080 593,327 32,735,776 2020 2021 2022 (3,410,400) 6,630,480 3,220,080 35,955,856 2021 2022 2023 (4,680,600) 9,924,480 5,243,880 719,117 41,918,853 2022 2023 2024 (4,036,800) 8,648,280 4,611,480 46,530,333 2023 2024 2025 (3,462,600) 7,743,960 4,281,360 930,607 51,742,300 2024 2025 2026 (3,079,800) 7,268,760 4,188,960 55,931,260 2025 2026 2027 (2,894,200) 6,698,520 3,804,320 1,118,625 60,854,205 2026 2027 2028 (1,722,600) 4,100,760 2,378,160 63,232,365 2D27 2028 2029 (99i,800) 2,770,200 1,778,400 1,264,647 66,275,412 2028 2029 2030 - 66,275,412 2029 2030 2031 - 1,325,508 67,600,921 2030 2031 2032 67,600,921 2031 2032 2033 1,352,018 68,952,939 2032 2033 2034 68,952,939 2033 2034 2035 - 1,379,059 70,331,998 2034 2035 2036 - 70,331,998 2035 2036 2037 1,406,640 71,738,638 2036 2037 2038 71,738,638 2037 2038 2039 - 1,434,773 73,173,410 2038 2039 2040 73,173,410 2039 2040 2041 1,463,468 74,636,879 2040 2041 2042 74,636,879 2041 2042 2043 - - 1,492,738 76,129,616 2042 2043 2044 - 76,129,616 2043 2044 2045 1,522,592 77,652,209 2044 2045 2046 77,652,209 2045 2046 2047 - 1,553,044 79,205,253 2046 2D47 2048 79,205,253 2047 2048 2049 1,584,105 80,789,358 2048 2049 2050 - - 130,789,358 2049 2050 2051 - 1,615,787 82,405,145 2050 2051 2052 82,405,145 2051 2052 2053 - - 1,648,103 84,053,248 Total 0 59,476,320 59,476,320 22,446,762 George K. Baum & Company 8/1/2017 Highway 119 Metropolitan Districts No. 1.10 - Residential In the Town of Firestone General Obligation Bonds Vacant Lot Valuation Valuation Year 2018 2019 2020 2021 2022 2023 2024 204 2026 2027 2028 2029 2030 2031 2032 Union 1191r.M. Fos VOW" Low Density Single Family Mid Density Single Family High Density Single Family Firelight Park Sherretwood Golden Adam Vacant Lot Valuation Assessed Valuation Undeveloped Appraised Undeveloped Appraised Undeveloped Appraised Undeveloped Appraised Undeveloped Appraised Undeveloped Appraised Undeveloped Appraised Lots Value Lots Value Lots Value Lots Value Lots Value Lots Value Lots Value 29% 170.0 15,464 133.0 15,464 172.0 15,464 316.0 60,OOD 300.0 60,000 15.0 60,000 400.0 60,000 69,205,395 20,069.565 166.0 80,0DO 127.0 60,ODO 166.0 60,000 316.0 60,000 300.0 60,000 15.0 60,D00 400.0 60,000 92,720.000 26.888,800 142.0 80,000 91.0 60,000 13D.0 60,000 270.0 60,000 300.0 60,000 15.0 60,0D4 400.0 60,000 83,720,000 24,278,800 115.0 80,0D0 55.0 60,000 94.0 60,000 225.0 60,000 257.0 60,D00 15.0 60,000 400.0 60,000 71,960,000 20,968,400 88.0 80,0DO 19.0 60,DOO 58.0 60,000 180.0 60,000 214.0 60,DDO 0.0 60,D00 342.0 60.000 55,820,000 16,187,800 64.0 80,ODO - 60,ODO 22.0 60,000 135.0 60,000 171.0 60.000 0.0 60,000 285.0 6D,000 41,900,000 12,151,OOD 40.0 80,000 60,D00 - 60,000 90.0 60,000 128.0 60,000 0.0 60,DDO 228.0 60.000 29,960,000 8,688,400 16.0 80.000 60,D04 60,000 45.0 60,000 no 60.000 0.0 60,000 171.0 60,000 19,340,000 5,608,600 - 8D,000 6D,DDO 60,000 0.0 60,000 42.0 60,000 0.0 60,000 114.0 60,000 9,360,000 2,714.400 80,DOO 60,000 60,000 0.0 60,000 O.O 60,000 0.0 60,000 57.0 60,000 3,420,000 991,800 80,DOO 60,ODO 60,000 0.0 60,000 0.0 6D,000 0.0 60,000 0.0 60,000 - - 80,ODO 60,DOO 60,000 D.D 60.000 0.0 60,000 0.0 60,000 0.0 60,00D 80,000 60,000 60,000 0.0 60.000 0.0 60,000 0.0 60,000 0.0 60,000 80,0DO 60,DDO 60,000 0.0 60,000 0.0 60,000 0.0 60,000 0.0 60,000 80,000 60,000 60,000 0.0 60.000 0.0 60,0DO 0.0 60,000 0.0 60,000 - George K Baum & Company 8/1/2017 Highway 119 Metropolitan Districts No. 1-10 - Residential In the Town of Firestone General Obligation Bonds Residential Sales Completion Appraisal Year Year 2016 2017 2017 2018 20% 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 Total Acres 119 Hb90 • Ras prim Union Mid Density Single Cumulative Low Density Single Family Family High Density Single Family Firelight Park SherreMood Golden Adam Residential Assessed Assessed Market Value Valuation Valuation Units Value/ Units Value/ Units Value/ Units Value! Units Value/ Units Value/ Units Value/ Completed Unit Completed Unit Completed Unit Completed Unit Competed Unit Completed Unit Com eted Unit 7.20% 990,000 440.000 300,000 440,000 440,000 440,000 675,000 4 990,000 6 440,000 6 300,000 440,000 440,000 440,000 675,000 8,400,000 604,800 604,8D0 24 990,000 36 440,000 36 300,000 46 440,000 440,000 440.000 675,000 70,640,000 5,086,080 5,690,880 27 990.000 36 440,000 36 300,000 45 440,000 43 440,000 440,000 675.000 92.090,000 6,630,480 12.321,360 27 990,000 36 440,000 36 300,000 45 440,000 43 440,000 15 440,000 58 675,000 137,840,000 9,924,480 22,245,840 24 990,000 19 440,000 36 300,000 45 440,000 43 440,000 440,000 57 675,000 120,115.000 8,648,280 30,894,120 E 24 990,000 0 440,000 22 300,000 45 440,000 43 440,000 440,000 57 675,000 107,555,000 7,743,960 38,63$080 I 24 99Q000 0 440,000 300,000 45 440,000 43 440,000 440,000 57 675,000 100.955,000 7,268,760 45,906,840 I 16 990,000 440,000 300,000 45 440,000 43 440,000 440,000 57 675,000 93,035,000 6,698.520 52.605,360 990,000 441,000 100,001 441,000 42 440,000 441,010 57 675,011 56,955,000 4,100,760 56,706,120 990,000 440,000 300,000 440,000 440.000 440.000 57 675,000 38,475.000 2,770,200 59,476.320 170 133 172 316 300 15 400 826,060,000 23 18.12 79.51 23 George K. Baum 8 Company 811017 6 Highway 119 Metropolitan Districts No. 1.10 • Residential ++9 Mtlm Res In the Town of Firestone rry.w General Obligation Bonds 1 Aupn Serios 2018 459 PM Debt Service Schedule $18,340,000 Interest Annual Capitalaed DSRF Earnings Net Annual Date Principal Rate Interest P & I P & I Interest 1,00 P & 1 06101119 527,275.00 527,275.00 (3,770.61) 12/01/19 85,000 5.750 527.275,00 512,275.00 1,139,550.00 (4,688.62) 1,131,690.77 0610120 524,831.25 524.831.25 (4,086.62) 12l011211 7D5,000 5,750 524,931.25 1,229,831.25 1,754,66250 (4,088.62) 1,746,485.26 OW121 504,56250 504,56250 (4,088.62) 1210121 895,000 5.750 504,56250 1,399,562.50 1,904,125.00 (4,088.62) 1,895,947.76 06i01122 478.831.25 478,831.25 (4,086.62) 1210122 150,000 5.750 478,831.25 628,831.25 1,107,662.50 (4,088.62) 1,099,485.26 0610123 474,518.75 474,518.75 (4,088.62) 12/01123 405,000 5.750 474,518.75 879,518.75 1,354,037.50 (4,088.62) 1,345,860.26 06Ml24 462,87500 462,875.00 (4,088.62) 1210124 0 5.750 462,875.00 462,875.00 925,750.00 (4,08&62) 917,57276 06MI125 462,875.00 462,B75.00 (4,088.62) 1210125 0 5.750 462,875.00 46Z675,00 94,750,00 (4,068.62) 917,572.76 06101/26 462,875.00 462,875.00 (4,OB8.62) 12101126 70,000 5.750 462,875.00 532,875.00 995,750.00 (4,088.62) 987,57276 0610127 460,86250 460,86250 (4,088.62) 12O127 230,000 5,750 460,86750 690,86250 1,151,725.00 (4,088.62) 1.143.547.76 ffiV28 454,250.00 454,250.00 (4,OM.62) 1210 A 360,000 5.750 454,250.00 814,250.00 1,268,500.00 (4,088.62) 1,260,322.76 061010 443,900.00 443,900.00 (4,088.62) 1210113 410,000 5,750 443,900.00 653,90D.00 1,297,800.00 (4,088.62) 1,289,627-76 06101I30 432,11250 432,11250 (4,OBB.62) 12/01130 405.000 5.750 432,112.50 837,112.50 1,269,225.00 (4,088.62) 1.261.047.76 06/01131 420,468.75 420,468.75 (4,088,62) 12/01131 460.000 5.750 420.468.75 690,468.75 1,3D0,937.50 (4,088.62) 1,292,760.26 06/01132 407,243.75 407,243.75 (4,088.62) 12C132 485,000 5.750 407,243.75 892,243.75 1,299,487.50 (4,088.62) 1,291,310.26 06/01/33 393,300.00 393,300.00 (4,088.62) 12101/33 515,000 5.750 393,300.00 908,300.00 1,301,600.00 (4,088.62) 1,293,427-76 06 64 378,493.75 378,493.75 (4,088.62) 121D1134 545,000 5.750 378,493.75 923,493.75 1,301,987.50 (4,088.62) 1,293,810.26 06lQ1135 362,825.00 362,825.00 (4,088.62) 12101/35 575,000 5,750 362.825.00 937,825.D0 1,300,650.OD (4,088.62) 1,292,47276 06101/36 346,293.75 346,293.75 (4,088.62) 12101/36 6110,000 5.750 346.293.75 956,293.75 1,302,587.50 (4,088,62) 1,294,410.26 06101137 328,756,25 328.756.25 (4,088,62) 12101/97 645.000 5.750 328.756,25 973.756.25 1,302,512.50 (4,08&62) 1,294,335.26 061Di138 310,21Z50 310,21250 (4,088.62) 12/04138 680,000 5.750 310.212.50 99D,21250 1,300,425.00 (4,088.62) i,292,20.76 MA1l39 290,66250 29D,66250 (4,088,62) 12101/39 720.000 5,750 290,66250 1,010,6625D 1,3D1,325.00 (4,088.62) 1,293,147.76 OW140 269,96250 269,96250 (4,088.62) 12101/40 760,000 5.750 269,96250 1,029,962.50 1,299,925.00 (4,088.62) 1,291,747.76 O01141 248.11250 248,11250 (4,088.62) 12/01141 805,000 5.75D 248,11250 1,053,112.50 1,301,225.00 (4.088.62) 1,293,047.76 08/01142 224.968.75 224.958.75 (4.M,62) 12JO1142 850,000 5,750 224,968.75 1,074,968,75 1,299.%7.50 (4,088.62) 1,291,760.26 06101/43 200,531.25 2D0,531.25 (4,088.62) 12/01/43 900,000 5,750 200,531.25 1,100,531.25 1,301,06250 (4,088.62) 1,292,885.26 06MI144 174,656.25 174,656.25 (4,088.62) 12101144 950,000 5.750 174,65&25 1,124,65&25 1,299,312.50 (4,088.62) 1,291,135.26 06101145 147.343.75 147,343.75 (4,088.62) 12101/45 1,005.000 5.750 147,343,75 1,152,343.75 1,299,687.50 (4,088.62) 1,291,510.26 W/46 1 i8,450,00 118,450.00 (4,088.62) 12101/46 1,065,400 5.750 118,450.00 1,183,450.00 1,301,900.00 (4,09,62) 1,293,72276 06M1147 87,831.25 87,831.25 (4,088.62) 120147 1,125,000 5.750 87,831.25 1,212,831.25 1,300,662.50 (4,08&62) 1,292,485.26 0SMIMB 55,487.50 55,487.50 (4,088.62) 12)01148 1,930,000 5,750 55.487.50 1,985,487.50 2,040,975.00 (821,812.32) 1,215,074.07 18,340,000 2D,910,737.50 39,250,737.50 39,250,737.50 0.00 (1,062,722.80) 38,188,014.70 Dated 12101/18 Average Coupon 5.750001 NIC 5.838254 Set0ement 12O1118 TIC 5.911811 Arbitrage Yield 5.750000 All . In - Yield 5,963175 Bond Years 363,665.00 Average life 19.93 George K Baum & Company 8112017 7 Highway 119 Metropolitan Districts No.1.10 - Residential In the Town of Firestone 119 Metro - Res General Obligation Bonds saun4 Series 2018 1-Aug-17 4:58 PM Sources and Uses of Funds Sources Principal Amount of Bond Issue 18,340,000.00 18,340,000.00 Uses Project Fund Reserve Fund Bond Discount Cost of Issuance Contingency $17.50 I$1,000 17,101,326.30 817,723.70 320,950.00 100,000.00 0.00 18,340,000.00 George K. Baum & Company 8/1/2017 8 Highway 119 Metropolitan DlstdM No. 1.10 . Residential tt"uue-en In the Town of Firestone "rows General Obligation Bonds 1,Wo-A Series 2021 4:55 PM Debt Service Schedule $17,805,DDD Interest Annual Capitalized DSRFFamings Net Annual Date Pdndpal Rate Interest P & I P & I Interest 1.0D P & I 06101/22 511,893.75 511,893.75 (4,103A8) 1=122 0 5.750 511,893.75 511,893.75 1,023,787.50 (4,449.55) 1,015,234.47 06MIM 511,893.75 511,893.75 (4,449,55) 120123 0 5,750 511,893.75 511.893.75 1.023.787.50 (4,449.55) 1,014,88&39 06101/24 511,893.75 511,893.75 (4,449.55) 1201124 0 5.750 511,893.75 511.893.75 1.023.787.50 (4,449.55) 1,014,888.39 061010 511.893.75 511.893.75 (4,449.55) 1201125 0 5.750 511,893.75 511.893.75 1,023,787.50 (4,449.55) 1,014,888.39 06010 511,893.75 511,893.75 (4,449.55) 12JO1126 0 5.750 511,893.75 511,893.75 1,023,787.50 (4,449.55) 1,014,888.39 O6I01127 511.893.75 511,893.75 (4,449.55) 12MV 0 5.750 511.893.75 511,893.75 1,023,787.50 (4,449.55) 1,014,888.39 MUM 511,893.75 511,893.75 (4,449,55) 1201128 0 5.750 511,893.75 511,B93.75 1,023,787,50 (4,449.55) 1,014,88B,39 06/01/29 511,893.75 511,893.75 (4,449.55) 12101129 80,OOD 5.750 511,893.75 591,093.75 1,103,787.50 (4,449.55) 1,D94,888.39 06101/30 509,593.75 509.593.75 (4,449.55) 12104M 120,OOD 5.750 509,593.75 629,593.75 1,139,187.50 (4,449.55) 1,13D,288.39 owl131 506.143,75 506.143.75 (4,449.55) 1201131 165,OOD 5.750 506,143.75 671,143.75 1.177.287.50 (4,449.55) 1,168,38B.39 0601132 501,40D.00 501,400.00 (4,449.55) 1201132 19D,D00 5.750 501,40D.00 691,400.00 1,192,B00.00 (4,449.55) 1,183,900.89 0601133 495.937.50 495,937.50 (4,449.55) 1201133 26D,D00 5.750 495,937.50 755,937.50 1,251,875.00 (4,449.55) 1.242.975,89 0601134 488,462.50 488,4625D (4,449.55) 12101/34 275,000 5.750 488,46250 763,462.50 1,251,925.00 (4,449.55) 1.243.025,89 0601135 480.556.25 480,556.25 (4,449.55) 1201135 315,D00 5,750 480,556,25 795,5%25 1.276.112.50 (4,449.55) 1,267,213.39 06101fd6 471.500.00 471,5DO.00 (4,449.55) 1201196 365.000 5,750 471,500,00 836,5D100 1,308,000.00 (4,449.55) 1,299,1DO.89 0601137 461,0D8.25 461,0D6.25 (4,449.55) 12/01/37 440,000 5.750 461,D06,25 901,OD6.25 1,362,012.50 (4,449,55) 1,353,113.39 061010 448,356.25 408356.25 (4,449.55) 120113E 420,000 5.750 448,356.25 868,356.25 1,316,712.50 (4,449,55) 1,307,813.39 06010 436.281,25 436,281.25 (4,449,55) 12101I39 495.000 5.750 436.281.25 931,281.25 1,367,562.50 (4,449.55) 1,358,663.39 0601140 422,050.00 422,050.00 (4,449.55) 12101/40 535.000 5.750 422,050.00 957,050.00 1,379,100.00 (4,449.55) 1,370,200.89 0601141 406,668.75 406,668.75 (4,449.55) 12101/41 620,000 5.750 406,66&75 1,026,668.75 1,433,337.50 (4A49.55) 1,424,43&39 ON1142 388,843.75 388,843.75 (4,449.55) 1201142 675,D00 5,750 388,843.75 1,063,843,75 1,452,687,50 (4,449,55) 1,443,788.39 06101143 369.437.50 369,437.50 (4,449.55) 1201143 765,000 5.750 369,437.50 1,134,437.50 1,503,875,00 (4,449.55) 1.494.975.89 05101/44 347,443.75 347,443.75 (4,449.55) 1201144 816,OOD 5.750 347,443.75 1,157,443.75 1,504.687,50 (4,449.55) 1,495,988.39 0601145 324,1%25 324,156.25 (4,449.55) 12)01145 870,0D0 5.750 324,156.25 1,194,156.25 1,518,312.50 (4,449.55) 1,509,413,39 0601146 299,143.75 299,143.75 (4,449.55) 1201146 910,DOO 5,750 299,143.75 1.209,14375 1.508.287.50 (4,449.55) 1,499,388.39 0601147 272,981.25 272,981.25 (4,449.55) 12101/47 1,025,000 5,750 272,981.25 1,297,981.25 1,570,962.50 (4,449.55) 1,562,069.39 ON1148 243,5125D 243,51250 (4,449.55) 1201148 1,085.000 5.750 243,51258 1,328,512.50 1,572,025.00 (4,449.A 1,563,125.89 0601149 212,31&75 212,318.75 (4,449.55) 12101149 1,335,000 5.750 21IZ318.75 1,547,316.75 1,759,637.50 (4,449.55) 1,750,738,39 06101150 173,937.50 173,937.50 (4,449.55) 1ZD1150 2,555,OOD 5.750 173,937.50 2,728,937.50 2,9D2,875.OD (4,449.55) 2,893,975.89 0601151 100,481.25 100,481.25 (4,449.55) 1201151 3,495,000 5,750 1D0,481.25 A3,595.481.25 3.695.962.50 (894,360.49) 2,797,15245 17,805,000 24,9t0,725,00 _ 42,715,725,00 . 42715,725.OD 0.00 (1,156,538.14) 41,559,186.86 Dated 12OMI Average Coupon 5.750000 NIC 5.0922 Settlement 120121 TIC 5.888964 Arbitrage Yield 5.750000 All • In - Yield 5.934352 Bond Years 433.230.00 Average life 24.33 George K Baum & Company W2017 s Highway 119 Metropolitan Districts No.1.10 • Residential In the Town of Firestone 119 Metro - Res General Obligation Bonds saun5 Series 2021 1-Aug-17 4:58 PM Sources and Uses of Funds Sources Principal Amount of Bond Issue 17,805,000.00 17,805,000.00 Uses Project Fund Reserve Fund Bond Discount Cost of Issuance Contingency $17.501$1,000 16,503,501.56 889,910.94 311,587,50 100,000.00 0.00 17,805,000.00 George K. Baum & Company 8/1/2017 10 Highway 119 Metrapolltan Dlslric a No. 1-10. Residential nYufo-ea In the Town of Firestone Maros General Obligation Bonds owa.ai Series 2023 4:58 PM Debt Service Schedule $18,105,000 Interest Annual Caotar¢ed OSRF Eamings Net Annual Data Principal Rate Interest P & I P & I Interest 1.00 P & I O6101124 520,518.75 520,518.75 (250,259.38) (4,174.21) 12/01/24 0 5.750 520,518.75 520,518.75 1,041,037.50 (104,103.75) (4,526.25) 667,973.92 46101/25 520,518,75 520,518.75 (13D,129.69) (4.526.25) 121D1125 0 5.750 520.518.75 520,518.75 1,041,037.50 (4,526.25) 901.855.31 06101I26 520,511175 520,518.75 (4,526.25) 12JO1@6 0 5.750 520,518.75 520.518.75 1,041,037.50 (4,526.25) 1,031,985.00 WOW 520.518,75 520,518.75 (4,526.25) 12401l27 65,OOD 5.750 520,518.75 585.518.75 1,106,037.50 (4,526.25) 1,096,985.00 0M1Q8 518,550.00 518,650.00 (4,526.25) 12101M 60,000 5.750 518,650.00 578,650.00 1,097,300.00 (4,525.25) 1,088,247.50 OW129 516,925.00 516,925.00 (4,526.25) 12101/29 115,000 5,750 516.925.00 631,925.00 1,148,850.00 (4,526.25) 1,139,797.50 06 130 513,618.75 513,618.75 (4,526.25) 12M30 125,000 5.750 513.618.75 638,618.75 1,152,237.50 (4,526.25) 1,143,185.00 06f01131 510,025.00 510,025,00 (4,526.25) 12101131 130,000 5.750 510,025.00 640,025,00 1,150,050.00 (4,526.25) 1,140,997.50 06101/32 506.287.50 506.287.50 (4,526.25) 12/01/32 140,000 5,750 506,287.50 646,287,50 1,152,575.00 (4,526.25) 1,143,522.50 06101133 502262.50 5OZ26250 (4,526.25) 12MIM 145,000 5,750 502,26250 647,26250 1,149,525.00 (4,526.25) 1.140,47250 46101/34 498,093.75 498.093.75 (4,526.25) 12101/34 155.000 5.750 498,093.75 653,093.75 1,151,187.50 (4,526.25) 1,14$135.00 06101135 493,637.50 493.637.50 (4,526.25) 12101/35 185,0D0 5.750 493,637.50 678,637.50 1,172,275.00 (4,526,25) 1.161222-50 06101M 488,318.75 488,318.75 (4,526.25) IM1136 195.000 5.750 488,318,75 6113,311175 1,171,07.50 (4,526.25) i,162,565.00 06/01137 4BZ712M 482,71250 (4,526.25) 12101/37 2D5,0D0 5.750 482,71250 687,71250 i,170,425.00 (4,526.25) 1,161,31250 06401138 476,818.75 476.818.75 (4,526.25) 12411138 290,000 5.750 476,818.75 766.818.75 1,243,637.50 (4,526.25) 1,234,595.00 OrAIM 468,481.25 468,481.25 (4,526.25) 12101/39 305,DOO 5.750 468,484.25 773,481,25 1,241,962.50 (4,526.25) 1,232,910.00 OM140 459.712.50 459,71250 (4,526.25) 12401140 325,000 5,750 459,712.50 784,71250 1,244,425.00 (4,526.25) 1,235,37250 06101/41 450,368.75 450,36&75 (4,526,25) 12101/41 355,000 5,750 450,368.75 805,36&75 1,255,737.50 (4,526.25) 1,24I685.00 ON1142 440.162.50 440,16250 (4,526,25) IN1142 385.000 5.750 440,16250 825,16250 1,265,325.00 (4,526,25) 1,256,272.50 OW/43 429,093.75 429,093.75 (4,52625) 12101143 415,000 5.750 429,093.75 844,093.75 1,273,187.50 (4,526.25) 1,264,135.00 06/01144 417,16250 417.162.50 (4,526,25) 12401/44 440,000 5.750 417,162,50 857,16250 1,274,325.00 (4,526.25) 1,265,272.50 0W1145 404,51Z50 404,512.50 (4,526.25) 12AM145 540,000 5.750 404.512.50 944,512.50 1,349,025.00 (4,526.25) 1,339,97250 O6I01146 388,987.50 388,987.50 (4,526.25) 12101146 5851000 5.750 388,987,50 973.987.50 1,362,975.00 (4,526,25) 1,353,92250 D6101/47 372,168.75 372,168.75 (4,526.25) 12/01/47 MDOO 5,750 372,168.75 1,022,168.75 1,394,337.50 (4,526.25) 1,385,285.00 06/01/48 353,481.25 353,481.25 (4,526.25) 12101148 720.000 5.750 353.481.25 1,073,481.25 1,426,96250 (4,526.25) 1,417,910.00 OW1149 332,781.25 332,781.25 (4,526.25) 12/01/49 60.000 5.750 332,781.25 997,781,25 1,330,562.50 (4,526.25) 1,321,510.00 0610i15O 313,662.50 313.662,50 (4,526.25) 12/01/50 820,000 5,750 343,66250 1,133,65250 1,447,325.DD (4,526.25) 1,438,272.50 TWO 290,087.50 290,087.50 (4,526.25) 12A11151 1,045.000 5.750 29D,087.5D 1,335,087.50 1,625,175.00 (4,526.25) 1,616,122.50 06,4)1152 260,D43.75 260,043.75 (4,526.25) 12101152 3,910,000 5.750 26D,043.75 4.170,043,75 4,43D,087.50 (4,526.25) 4,421,035.00 0614 M 147,831.25 147,631.25 (4,526.25) 12A1153 5.135,000 5,750 147,631.25 5,282,631.25 5,430,26250 (909.776.25) 4,515,9%00 18,105,000 26,235,525.00 44,340,525.00 44,340,525.00 (494,492.81) (1,176,47296) 42669.559.23 Dated i2101123 Average Coupon 5.750D00 NIC 5.819441 Settlement 12101123 TIC 5,887371 Arbitrage Yield 5.75M) All • In • Yield 5.931506 Bond Years 456,270.00 Average Life 25.20 George K Baum & Company &r1l2017 W Highway 119 Metropolitan Districts No.1-10 - Residential In the Town of Firestone General Obligation Bonds Series 2023 Sources and Uses of Funds Sources Principal Amount of Bond Issue Uses Project Fund Reserve Fund Bond Discount Capitalized Interest Fund Cost of Issuance Contingency $17.501$1,000 119 Metro - Res saun5 1-Aug-17 4:58 PM 18,105,000.00 18,105,000.00 16,288,419.69 905,250.00 316,837.50 494,492.81 100,000.00 0.00 18,105,000.00 George K. Baum & Company 8/1/2017 1 Highway 119 Metropolitan Districts No.1.10 - Commercial 1 In the Town of Firestone 119 Metro - Comm General Obligation Bonds 1-Aug-17 11:12 AM Table of Schedules Assumptions Commercial District 30 Mill Commercial Bond Levy Preliminary as of 07131/2017 Non Rated - 5.750% Interest Rate Par Amount Project Amount Series 2018 - 30 Year Term $25,565,000 $21,553,555 Series 2020 - 30 Year Term $22,035,000 $19,819,426 _ Series 202.2 - 30 Year Term $23,455,000 $20,935,861 $71.055.000 $62,308,842 1. 2. 3. 4. 5. 6 7. 8. 9. 10 . 11 . 12 . Cover Page Schedule of Cashflows Schedule of Undeveloped Acreage AV Schedule of Commercial Development Assessed Valuation Summary Schedule of Sales and PIF Revenue Series 2018 Sources and Uses of Funds Series 2018 Debt Sevice Schedule Series 2020 Sources and Uses of Funds Series 2020 Debt Sevice Schedule Series 2022 Sources and Uses of Funds Series 2022 Debt Sevice Schedule George K. Baum Company 811/2017 Highway 119 Metropolitan Districts No.1.10 • Commercial In the Town of Firestone General Obligation Bonds Inmrr n:u Schedule of Cashflows Commercial District Specific $0.50 Earnings on Revenue Protected Ratio of Commercial Property Ownership Credit Add -on Per SF Cumulailve Available E25,565,OD0 $22,035,000 523,455,000 Total Annual Cumulalhre Colactior Assessed Debt to WB Tax @ Tax Sales PIF PiF Facility Surplus for Series 2018 Series 202D Series 2022 Net 5urphw SurpW Year Valuation AV Levy 98.5% 9% Revenue 1.00% 2.DD% , Fee 1.00% Debt Service Net Debt Service Net Debt Service Net Debt Service Debt Service Deficit Deficit 1 4 fi 9 11 1 1 14 1 1 1 18 1 2018 5.959,979 119M 30.0 176.117 15,851 3,186,337 31,863 63,727 i2,197 0 299,755 0 0 0 0 299,755 299,755 2D19 5,959,979 1192% 30.0 176,117 15,851 M090,079 150,901 321,BD2 48,787 Z998 723,457 0 0 0 0 723,457 1,023.212 202D 8.260,653 8609E 3D,0 244,102 21,969 29,251,577 29ZS16 585.032 48,787 10.232 1,192,406 728,6D3 0 0 728,603 463,803 1,487,016 2021 1S.M439 418% 30.0 501,949 45,175 42,675,166 426,752 853,503 48.788 14.870 1.076.167 1,457,2D5 628,212 0 2,085,417 (209,250) 1,277,766 2022 26,051,954 273% 30.0 769.835 69,295 56,363,827 563,638 1,177,277 48,787 12,778 2,578.822 1,457,2D5 1.255.9% 0 2713,20D (134,378) 1,143,388 2023 34,777,796 204% 30.0 1,027,684 92,492 70,322,474 703,225 1,406,449 48.788 11,434 3,278.637 1,457,205 1,255,995 5D1,465 3,214,665 63,972 1,207.361 2024 44,199.138 161% 30.0 1,306,085 117,548 84,5%,172 845.542 1,691,083 48,787 12,074 4,009,044 1,457,2D5 1,255.995 1,336,935 4,050,135 (41,091) 1,166,270 2025 52,924,979 133% 3D.0 1,563,933 140.754 94,509,213 945,092 1,890.184 32.525 11,663 4,572,488 1.817.205 1,380,995 1,336,935 4,535,135 37,353 1,203,624 2026 62,709,265 Ili% 3D.0 1.53,059 IM775 95,454,305 954,543 1,909.096 0 12,036 4.03,463 1,656,505 1,423,BD8 1,536,935 4,817,248 68.216 1,269,839 2D27 68.526.493 10D% 3D.0 2,024,958 ISZ246 96.408,848 964,088 1,928,177 0 12,698 5,099.469 1.977.355 1,533,745 1.540,435 5.051,535 47,934 1,317,774 2D28 69,897,023 97% 3D.0 2,065,457 185,891 97,372,936 973,729 1,947.459 0 13.178 5.17Z536 1,994,868 1.616.763 1,538,073 5,149,723 2ZB14 1,340,588 2029 69,897.023 95% 3D.0 2,065,457 165.891 98,346.666 983,467 1,966,11M 0 13.406 5,201,748 1,999,5D5 1,629.070 1.540,135 5,168,710 33,038 1,373,626 2030 71,294,963 91% 30.0 ZIK766 189.609 99,330,132 993,301 1,986,603 13,736 5,276.279 2,041,843 1,659,345 1.536,335 5,237,523 38,757 1,41Z382 2031 71.294.963 88% 30.0 2,106,766 189,609 10D,323,434 1,001234 2,006,469 14.124 5.306,078 $064,580 1.681.458 1,536,960 5,282,998 23,081 1,435.463 2032 72,720,862 84% 30.0 2,148,901 193.401 101,325,668 1,013,267 2,026,533 14,355 5,382,1D3 ZO78,580 1,740,695 1,536,723 5.355,990 26,105 1,461,568 2033 7$720,662 82% 30.0 2,148,901 193.401 102,339,935 1,023,399 2,046,799 14,616 5.412,501 2,079,130 1.774,758 1,540,623 5.394,510 17,W 1,479,559 2034 74,175,280 77% 3D.0 2,191,880 197.269 103.363,334 1.033,633 2,067,267 14.796 5,490,049 2,101,805 1,789,795 1.538,373 5,429,973 60,076 1.539,636 2035 74,175,250 74% 3D.0 2,191,880 197,269 104,3%,967 1,043,970 2,087,939 15,396 5.0.058 $115,168 1,826,670 1,540,260 5,482,D98 38,960 1.578,595 2038 75,658,7B5 7D% 3D.0 $235,717 201.215 105.440,937 1,054.409 2,108,B19 15,786 5,600,160 2,124,505 1,888,945 1,540,990 5,554,448 45,712 1,624,307 2037 75,658,785 66% 3D.0 2,235,717 20i,215 106,495,346 1,064.953 2,129,907 16.243 5.631.792 $164,818 1,904,895 1,540,585 5.610,298 21,495 1.645.802 2D38 T7.171,961 63% 3D.0 2,280,431 205,239 107,560,3D0 - 2,151,206 16,458 4,636,876 1,699,093 1,386,820 1,539,023 4,624,935 11,941 1.657,743 2039 77,171,961 60% 3D.0 2,280,431 2D5,239 108,635,9D3 ZM718 16,577 4,658,388 1,721,060 1,39D,195 1,541,310 4,652585 5,603 1,663.546 2040 78.715.400 56% 30.0 2,326,040 209,344 109,722,262 2,194,445 16,635 4,729,829 1,724,043 1.431.558 1,537,160 4,692,760 37.069 1,700,615 2D41 78,715,400 54% 3D.0 2,326,040 209,344 110,819,484 Z216,390 17,0D6 4,751,773 1,778,843 1,398,608 1,536,860 4.714.310 37.463 1,738,079 2042 80.289.708 50% 3D.0 2,372,561 213,530 111,927,679 2,238,554 17,381 4,624,645 1,782,318 1.445,370 1,540,123 4,767,810 56M 1.794,914 2043 80.289.708 46% 30.0 2,372,561 213.530 113,046,956 7,260,939 17,949 4,847,030 1,772,055 1,487,245 1,5366660 4,795.960 51,070 1,845,984 2044 81,895,502 42% 30.0 2,420,012 217,8D1 114,177,425 2,283,549 18.460 4,921,362 1,823.630 1.499.233 1,536,76D 4,859.623 61,739 1,907,723 2045 81.895.502 39% 30.0 Z42D012 217,801 115,319,200 2,306,384 19,077 4,944,197 1,823.305 1,51ZT70 1.540,135 4,876,210 67,987 1,975.710 2046 83,533,412 34% 30.0 2,468,412 222,157 116,472.392 2.329.448 19,757 5,02D,017 1,878,668 1,542,570 1,536,498 4.957.735 62,282 2,037,993 2047 93,533.412 30% 30.0 2,4611,412 222,157 117.637,116 $352,742 20,380 5,043.312 2,131,268 1,322,483 1,541,135 4,994,885 48,427 2086,419 2D48 85,204,DB0 23% 3D.0 2,517,781 226,6D0 118,813,487 2,376.270 20,864 5,120,651 1,966A6B 1,236,595 1,858,473 5,061,135 59,516 2,145,935 2049 85,204.080 199'. 30.0 2,517,781 226,600 120,001,622 $400,032 21,459 5,144.413 2,924720 2,175.398 5,098,118 46.296 2,192,231 2D5D 86,908,162 12% 30.0 $568,135 231.132 121,201,638 2,424,033 21,922 5,223.301 2,567,333 2,595,760 5.163,093 60,209 2252,440 M51 86,908,162 7% 3D.0 2,568,136 231.132 122,413.654 2,448,273 22,524 5.247.542 5,187,373 5,187.373 60,169 2,312.609 2052 88,646,325 0% 30.0 2,619,499 235.755 123,637,791 2,47Z,756 23,126 5.328,010 5,260,985 5,260,985 67.025 2379.633 67491,411 6,090.078 3,338939,260 1 075,524 66,778,785 337,445 535,995 156.949.360 53.073.655 47390654 54,105,417 154569726 Z379,633 George K Baum Company 8AW7 Highway 119 Metropolitan Districts No. 1-10 - Commercial In the Town of Firestone General Obligation Bonds Series 2018 Undeveloped Land and Valuation Appraisal Year 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 119 Metro - Comm VMev1 Union Firelight Park Undevelope Office Industrial Retail Office Industrial Retail d Land Assessed Valuation Valuation Appraised Appraised Appraised Appraised Appraised Appraised Value per Value per Value per Value per Value per Value per Acres Acre Acres Acre Acres Acre Acres Acre Acres Acre Acres Acre 29% 22.00 217,800 11.00 217,800 22.00 217,800 15.00 217,800 7.50 217,800 15.00 217,800 20,148,678 5,843,117 22.00 217,800 11.00 217,800 22.00 217,800 15.00 217,800 7.50 217,800 15.00 217,800 20,148,678 5.843.117 22.00 217,800 11.00 217,800 22.00 217,800 15.00 217,800 7.50 217,800 15.00 217,800 20,148,678 5,843,117 21.21 217,800 10.60 217.800 21.21 217,800 14.46 217,800 7.23 217,800 14.46 217,800 19,420,399 5,631,916 18.03 217,800 9.01 217.800 18.03 217,800 12.29 217.800 6.14 217,800 12.29 217,800 16,507,353 4,787,132 14.85 217,800 7.42 217.800 14.85 217,800 10.12 217,800 5.06 217,800 10.12 217,800 13,594,307 3,942,349 11.66 217,800 5.83 217,800 11.66 217,800 7.95 217,800 3.98 217,800 7.95 217,800 10,681,226 3,097,556 8.48 217,800 4.24 217,800 8.48 217,800 5.78 217,800 2.89 217,800 5.78 217,800 7,768,181 2,252,772 5.30 217,800 2.65 217.800 5.30 217,800 3.61 217,800 1.81 217,800 3.61 217,800 4,855,100 1,407,979 2.12 217,800 1.06 217,800 2.12 217,800 1.45 217,800 0.72 217,800 1.45 217,800 1,942,054 563,196 George K. Baum Company 8l112017 Highway 119 Metropolitan Districts No. 1-10 - Commercial In the Town of Firestone General Obilgation Bonds Series 2018 Commercial Square Footage Developed Phase Completion Appraisal Year Year 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025 2025 2026 Total Acres 118 Metro - camm ComDwl Union Firelight Park Commercial Office Industrial Retail Office Industrial Retail Development Assessed Market Value Valuation Square Value/ Square , Value/ Square Value/ Square Value/ Square Value/ Square Valuel Footage S . Ft Footage S . Ft Footage S . Ft Footacae S . Ft Footage S . Ft Footage 5 . Ft 29.00% 220 150 200 220 150 200 - - - 220 - 150 - 200 - 220 - 150 - 200 - - 10,454 220 6,970 150 6,970 200 7,745 220 5,164 150 5.164 200 8,250,604 2,392,675 41,818 220 27,878 150 27,878 200 30,981 220 20,654 150 20,654 200 33,001,964 9,570,569 41,818 220 27,878 150 27,878 200 30,981 220 20,654 150 20.654 200 33,001,964 9,570,569 41,817 220 27,879 150 27,879 200 30,981 220 20,654 150 20,654 200 33,002,190 9,570,635 41,818 220 27,878 150 27,878 200 30,981 220 20,654 150 20,654 200 33,001.964 9,570,569 0,817 220 27,879 150 27,879 200 30,981 220 20,654 150 20,654 200 33,002,190 9,570,635 41,818 220 27,878 150 27,878 200 30,981 220 20,654 150 20.654 200- 33,001.964 9,570,569 27,878 220 18,586 150 18,586 200 20,654 220 13,770 150 13,770 200 22,001,460 6,380,423 289,238 22.00 192,826 192,826 214,285 142,857 142,857 66,196,646.45 11.00 22.00 15.00 7.50 15.00 George K. Baum Company 8/1/2017 5 Highway 119 Metropolitan Districts No. 1-10 - Commercial In the Town of Firestone 119eifii_c,,,,,,, General Obligation Bonds sUMaV Series 2018 Assessed Valuation Summary Incremental Retail/Commercial Valuation Total Assessed Valuation Completion Assessment Tax Collection Undeveloped land Developed Land Incremental Growth Factor Year Year Year (IMd*mk*AVnduad AV 2.00°%1 Cumulative Assessed Valuation 2015 2016 2017 5,843,117 5,843,117 5,843,117 20% 2017 2018 - - 116.662 5,959,979 2017 2018 2019 0 0 5,959,979 2018 2019 2020 (211,201) 2,392,675 2,181,474 119,200 8,260,653 2019 2020 2021 (844,783) 9,570,569 8,725,786 16,986,439 2020 2021 2022 (844,783) 9,570,569 8,725,786 339,729 26,051.954 2021 2022 2023 (844,793) 9,570,635 8,725,842 34.777,796 2022 2023 2024 (844,783) 9,570,569 8,725,786 695,556 44,199,138 2023 2024 2025 (844,793) 9,570,635 8,725,842 52.924,979 2024 2025 2026 (844,783) 9,570,569 8,725,786 1,056,500 62,709,265 2025 2026 2027 (563,196) 6,380,423 5,817,228 68,626,493 2026 2027 2028 - - 1,370,530 69,897,023 2027 2028 2029 69,897,023 2028 2029 2030 1,397.940 71,294,963 2029 2030 2031 71,294,963 2030 2031 2032 1,425,899 72,720,862 2031 2032 2033 72,720,862 2032 2033 2034 1,454,417 74,175,280 2033 2034 2035 74,175,280 2034 2035 2036 1,483,506 75,658,785 2035 2036 2037 - 75,658,785 2036 2037 2038 1,513,176 77,171,961 2037 2038 2039 77,171.961 2038 2039 2040 - 1.543,439 78,715,400 2039 2040 2041 78,715,400 2040 2041 2042 1,574,308 80,289,708 2041 2042 2043 80,289,708 2042 2043 2044 1,605,794 81,895,502 2043 2044 2045 81,895,502 2044 2045 2046 - 1,637,910 83,533,412 2045 2046 2047 83,533,412 2046 2047 2048 1,670,668 85,204,080 2047 2048 2049 85,204.080 2048 2049 2050 1,704,082 86,908,162 2049 2050 2051 86,908,162 2050 2051 2052 1,738,163 88,646,325 2051 2052 2053 88,646,325 2052 2053 2054 1,772,927 90.419,252 Total 66,196.647 66,196,647 24,222,605 George K. Baum Company 8/112017 Highway 119 Metropolitan Districts No.1-10 - Commercial In the Town of Firestone General Obligation Bonds Sales and PIF Revenue 119W"-Cq >w Completed Incremental Square Footage Cumulative Square Footage I Safes per Squase Foot Sales Revenue Credit Add On Total Completion Retall Restaurant Retall Other Restaurant Retail Other Restaurant Retail Other PIF {1f PIF PIF Year Square Feet 30% 60% 10% 30% 60% 10% 1.0%gmwth 1.0%gmw1h 1.0%gmwth Restaurant Retail Other Total 1.00% 2.00% Revenue 2017 - - 300 250 200 - - - - - 2018 1Z134 3,640.14 7,280 1.213 3,640 7,280 1.213 303 253 202 1,102,963 1.&10.271 245.103 3,186,337 31.863 63,727 95,590 2019 48,532 14,560 29,119 4.853 18,200 36.399 6,067 306 255 204 5.569.643 9,28Z738 1,237,698 16,090.079 160,901 321.802 482,702 2020 48,532 14,560 29,119 4.953 32.759 65.518 10,920 309 258 206 10,125,546 16,875,910 Z250,121 29,251,577 29Z516 585,032 877,547 2021 48,533 14.560 29,120 4.953 47,319 94.638 15,773 312 260 208 14.772.173 24,620,288 3,28Z705 42.675.166 426,752 853,503 1.290,255 2022 48,532 14,560 29,119 4,853 61,879 123,757 20,626 315 263 210 19.510,555 3Z517,592 4,335,679 56,363.827 563,638 1.127,277 1,690.915 2023 4B,533 14,560 29.120 4,853 76,439 15Z878 25.490 318 265 212 24.342.395 40,570,658 5,409,421 70,322,474 703,225 1,406,449 Z109,674 2024 48.532 14,560 29.119 4,853 90,998 181.997 30,333 322 268 214 29.268.752 48.781.253 6.504,167 84,554.172 845,542 1,691,083 Z536.625 2025 3Z356 9,707 19,413 3,236 100,705 201,410 33.568 325 271 217 3Z714,727 54,524,546 7,269.939 94.509,213 945.092 1,890,184 Z835.276 2026 - - 100,705 201,410 33,568 328 273 219 33,041,875 55,069,791 7.342,639 95.454.305 954.543 1,909,086 2,863,629 2027 100,705 201.410 33,568 331 276 221 33,37Z293 55,620,489 7,416,065 96,40B,848 964,088 1,928,177 Z892,265 2028 100.705 201,410 33,568 335 279 223 33,706,016 56,176,694 7.490.226 97,372.936 973,729 1.947,459 Z921,188 2029 100,705 201,410 33,568 338 282 225 34,043,077 55,738.461 7,565,128 98.346,666 983,467 1,966.933 2.950,400 2030 100,705 201,410 33,568 341 295 228 34,383,507 57.305.846 7,640,779 99,330,132 993,301 1,986,603 Z979,904 2031 100,705 201,410 33.568 345 287 230 34,727,342 57,878,904 7.717.187 100,323.434 1.003.234 2.006.469 3,009,703 2032 100.705 201,410 33,568 348 290 232 35,074.616 58,457,693 7,794,359 101.326,668 1,013,267 Z026,533 3,039,800 2033 100,705 201,410 33.568 352 293 235 35.425.352 59.042.270 7,87Z303 102,339,935 1,023.399 Z046,799 3.070,198 2034 100,705 201,410 33.568 355 296 237 35.779.616 59,63Z693 7,951,026 103,363,3M 1,033,633 Z067,267 3,100,900 2035 100,705 201,410 33,568 359 299 239 36,137,412 60,229,020 8,030,536 104.396.967 1.04,1970 2,087,939 3,131,909 2036 100.705 201,410 33,568 362 302 242 36.498.786 60,831,310 8,110,841 105,440.937 1,054,409 2,108,819 3,163,228 2037 100,705 201,410 33,568 366 305 244 36,863,774 61,439,623 8,191,950 106,495,346 1,064.953 Z129,907 3,194,860 2038 100,705 201,410 33,568 370 308 246 37.232.411 6Z054,019 8,273,869 107,560,300 Z151,206 2,151,206 2039 100,705 201.410 33,568 373 311 249 37,604,736 6Z674,559 8,356,608 108,635,903 2,17Z718 Z172,718 2040 100,705 201.410 33,56E 377 314 251 37,980,783 63.301.305 8,440,174 109,72Z262 2.194,445 Z194.445 2041 100,705 201,410 33,568 381 317 254 38,360,591 63,934,318 8,524,576 110,819,484 2,216,390 Z216,390 2042 100,705 201,410 33,568 385 321 256 38,744.197 64.573.661 8,609,821 111,927,679 2.238,554 2,238,554 2043 100,705 201,410 33,568 389 324 259 391131,639 65,219,398 8,695,920 113,046,956 Z260,939 Z260,939 2044 100,705 201,410 33.568 392 327 262 39,522,955 65,871,592 8,782,879 114,177,426 Z283,549 Z283,549 2045 100,705 201,410 33.568 396 330 264 39,918,185 66,530,308 8.870,708 115,319,200 Z306.384 2,306,384 2046 100,705 201,410 33,568 400 334 267 40,317,366 67,195,611 8,959,415 116,47Z392 Z329,448 Z329,448 2047 100,705 201.410 33.568 404 337 270 40.720,540 67,867,567 9.049,009 117,637,116 Z35Z742 2,35Z742 2048 100,705 201,410 33,59 408 340 272 41,127,745 68,546,242 9.139,499 118,813.487 Z376,270 2,376,270 2049 100.705 201.410 33.568 412 344 275 41,539.023 69,231,705 9.230,894 120,001,622 Z400,032 Z400,032 2050 100,705 201,410 33,568 417 347 278 41.954.413 69,924,022 9,323,203 121.201.638 2.424,033 2.424,033 2051 100,705 201,410 33,568 421 351 281 42,373,957 70,623,262 9,416,435 122,413,654 Z448,273 2,448,273 2052 100,705 201,410 33.568 425 354 283 4Z797,697 71,329,495 9,510,599 123.637,791 2,47Z756 2.472.756 Total 335,683 100,705 201,410 33.568 3,150,974 6.301,948 1.050.325 1.155,786,667 1,926,311,112 256,841,482 3,338,939,260 16,075.524 66,778,185 8Z854,309 aF Credit PIF exptected to terminate after 20 years George K Baum Company 8I12017 0 Highway 119 Metropolitan Districts No. 1•10 • Commercial 1111lamt® In the Town of Firestone NdmuR Genera! Obligation Bonds ra„p r7 Series 2018 1 1;12 Au Debt Service Schedule $25,565,000 Interest Annual Capilaliimd DSRFEandngs Net Annual Date Principal Rate Interest P & I P & I Interest 1.00 P & I 06101119 734,993.75 734,993.75 (728,602.5) (6,391.25) 12A01119 0 5,750 734,993,75 734.993.75 1,469,967.50 (728,602.5) (61391.25) D.DO 06101110 734,993,75 734,993.75 (728,602.5) (6,391.25) 1210120 0 5.750 734.993.75 734,993.75 1,469,987.60 (6,391.25) 728.602.60 0810121 734.993.75 734.993.75 (6,391.25) 12101121 0 5.750 734,993,75 734,993.75 4,469,987.50 (6,391.25) 1,457,2000 06101M 734.993.75 734.993.75 (6,391.25) 1210122 0 5,750 734.993.75 734,993.75 1.469.987.50 (6,391.251 1,457,205.00 06MI/23 734,993.75 734,993.75 (6,391.26) 1MI123 0 5,750 734,993.75 734,993.75 1.469.987.50 (6,391.25) 1,457,205.00 0610124 734,993.75 734,993.75 (6,391.25) 12/0124 0 5.750 734.993.75 734.993.75 1,469,987.50 (6,391,25) 1,457,205.D0 06AJ125 734,993.75 734.993,75 (6,391.25) 1210125 360.000 5.750 734,993.75 1.094.993.75 1,829,987.50 (6,391.25) 1,817,205.DO 00126 724,643.75 724.643.75 (6,391.25) 12101126 420.000 5.150 724,643.75 4,144,643.75 1,869,287.50 (6,391.25) 1,856,505.OD 0610127 712,568.75 71Z%8.75 (6,391.25) 12/0127 565,000 5,750 712.568.75 1,277,568.75 1,990,137.50 (6,391.25) 1,977,355.00 0610128 696,325.00 696,325M (6,391,25) 12JO128 615,0DO 5.750 696.325.00 1.311,325,00 2,007,650.00 (6.391.25) 1,994.867,50 0610129 678,643.75 678,643.75 (6,391.25) MOM 655,ODO 5.750 678,643.75 1,333,643.75 2,012,287.50 (6,394.25) 1,999,505.00 06A}1130 659,812.50 659.812.50 (6,391.25) 12101130 735,1100 5,750 659,612 50 1,394,812.50 2,054,625.OD (6,391.25) 2,041,842.50 OSM1131 S38,681.25 638,681.25 (6,391.25) 12J01131 80D,WO 5.750 638.681.25 1.438.681.25 2,077,36250 (6,391.25) 2,064,560,00 OSM1132 615,681.25 615.681.25 (6,391.25) 12101132 860,000 5.750 615,681.25 1.475.681.25 2.091,36250 (8,391.25) 2,078,590.00 06101f33 59D,956.25 590,956.25 (6,391.25) 12101/33 910,000 5.750 59D,956.25 1,500,966.25 2,091,912.50 (6,391.25) 2,079,130.00 ON1134 564.793,75 564.793.75 (6,391.25) 12/01134 985,000 5.750 564.793.75 1,549,793.75 Z114.587.50 (6,391.25) 2,101,805.00 061D1135 536,475,00 536.475.00 (5,391,25) 12101135 1,055,OD0 5.750 536,475.00 1.591.475.00 2,127,950.00 (6,391.25) 2,115,167.50 061D11d6 506.143,75 506.143.75 (6,391.25) 12/01136 1,125,000 5.750 506,143.75 1,631,143.75 2,137,287.50 (6,391.25) 2,124,5115.00 06101137 473,800.00 473,800.00 (6,391.25) 12JO1137 1,230,11D0 5,750 473,BOO.DO 1,703,800.DO 2,177,6D0.00 (6,391.25) 2,164,817.50 06/01138 438,437,50 438,437.5D (6,391.25) 12101/38 835,000 5.750 438,437.50 1,273,437.50 1.711.875.00 (6,391,25) 1,699,092.50 06/01/39 414,431,25 414,431.25 (6,391.25) 12/01/39 905,DD0 5.750 414,431.25 1,319,431.25 1,733,962.50 (6,391.25) 1,721,080.00 06/01/40 388,412.50 398.41250 (6,391.25) 12JO1140 960,DDO 5.750 388.412.50 1.348.412.50 1,736,825.DD (6,391.25) 1,724,042.50 06/01/41 360,812.50 360,81250 (6,391.25) 12101141 1,070,01)0 5.750 360,812.50 1,430,812,50 1,791,625.00 (6,391.25) 1,778,842.50 06101142 330,050.OD 330,050.00 (6,391.25) 12101/42 1,135,ODD 5.750 330.050.00 1,465,650.40 1,795,100,00 (6,391.25) 1,782,317.50 06f01J43 297,418.75 297,418.75 (6,391.25) 12/01143 1,190.000 5.75D 297,418.75 1,487,418.75 1,T84,837.50 (6,391.25) 1,772,055.00 06/01/44 263,206.25 263,2D6.25 (6,391,25) 12101144 1,310.000 5.750 263,206.25 1,573,206.25 1,83$412.50 (6,391.25) 1,823,630.00 06101145 225,543.75 225,543.75 (6,394.25) 12101145 1,395.000 5,750 225,543.75 1,610,543.75 1,836,087.50 (6,391.25) 1,823,305.00 OSM1146 185,725.00 185,725.DO (6,391.25) 12/01/46 1.520,000 5.750 185.725.00 1,705,725.DO 1,891,450,00 (6,391.25) 1,878,667.50 06/01147 142,025.00 142,025.OD (6,391.25) 12J01147 1,M,DD0 5.750 142,025.00 2,002,025.00 2,144,05D.DD (8,391.25) 2,131,267.50 06101/48 88,550.00 88,5%.00 (6,391.25) 17JOI148 3.080.000 5.750 88.550.00 3,168,550.0D 3,257,100.0D (1,284,641.25) 1,966,067.50 25,565,OOD 31,356,187.50 56,921,187,50 56,921,187.50 (2,185,807.50) (1,661,725.00) 53,073,655.00 Dated 12101118 Average Coupon 5.750000 NIC 5.832041 SetOemenl 12101118 TIC 5.900343 Arbitrage Yield 5,750000 A8 - In - Yield 5.934496 Bond Years 545,325.00 Average Life 21.33 George K. Baum Company 8112017 8 Highway 119 Metropolitan Districts No.1-10 - Commercial In the Town of Firestone 119 Metro - Comm General Obligation Bonds saun3R Series 2018 1-Aug-17 2:28 PM Sources and Uses of Funds ' Sources Principal Amount of Bond Issue 25,565,000.00 Uses Project Fund Reserve Fund Bond Discount Capitalized Interest Fund Cost of Issuance Contingency $17.50 I$1,000 25,565,000.00 21,553,555.00 1,278,250.00 447,387.50 2,185,807.50 100,000.00 0.00 25,565,000.00 George K. Baum Company 8/1/2017 Y Highway 119 Metropolitan Districts No.1.10-Cornmerclal 110ue -r- In the Town of Rrestona naw General Obligation Bonds 14wo-+7 Series MO i+:uun Debt Service Schedule $22,035,000 Interest Annual Capitalized DSRF Earnings NelAnnual Date Pmtcipal Rate interest P & 1 P & I Interest 1.00 P & I OG101/21 633,506.25 633,506.25 (314,213.0) (5,08D.29) 121D1121 0 5.750 633,506.25 633,506.25 1,267,012.50 (313,998.8) (5,508.75) 628,211.73 06101122 633.506.25 633.506.25 (5,%8.75) 12101122 0 5.750 633.506.25 633,506.25 1,267,012.50 (5,508.75) 1,255,995.00 06101/23 633,506.25 633,506.25 (5,50a.75) 12101123 0 5,750 633,506,25 633,5D6.25 1,267,012.50 (5,50&75) 1.255.995,00 06101124 633.506.25 633,506.25 (5,50&75) 1210N24 0 5,750 633,506.25 633,506.25 1,267,012.50 (5,508.75) 1,265,995.00 06101125 633,506.25 633,506.25 (5,508.75) 121OW5 125,000 5.760 633.506.25 758.506.25 1,392,012.50 (5,508.75) 1,380,995.00 001126 629,912.50 629.912.50 (5,508.75) 12101/26 475,000 5.750 629,912.50 804,912.50 1,434,825.DO (5,508,75) 1,423,807.50 OW10 624,881.25 624,881.25 (5,508.75) 12O1127 295,000 5.750 624,881.25 919,881.25 1,544,762.50 (5,%0.75) 1,533,745.00 06101128 616.400.00 616,40D.DO (5,508.75) 12101128 395,DDO 5,750 616,400.00 1,011,400.00 1,627,800.00 (5,508.75) 1,616.782,50 06101/29 605,043.75 605,043.75 (5,508.75) 12101/29 430,000 5.750 605.043.75 %M,043.7$ 1,640,087.60 (5,508.75) 1,629,070.00 06101/30 592,681.25 592.681.25 (5,508.75) 12101130 485,000 5.750 $92,681.25 1.077.681.25 1,670,362.50 (5,508.75) 1,659,345.00 06101131 578.737.50 578.737.50 (5,508.75) 12101/31 535,DDO 5.750 578,737.50 1,113,737.50 1,692,475.00 (5,508.75) 1,681,457.50 ON1132 563,3%.25 563,356.25 (5,508.75) 17/01132 625,DDO 5.750 563,356.25 1,188,356,25 1,751,712.50 (5,508.75) 1,740,695.00 OGMI/33 545.387.50 545,387.5D (5,508.75) 1201133 695,ODO 6.750 545,387,5D 1,240,387.50 1,765,775.00 (5,508.75) 1,774,757.50 001134 525.406.25 525.406.25 (5,50&75) 121DI134 750,0DO 5.750 52SA06.25 1,275,406.25 1,11M.812.50 (5,508.75) 1,789,795.00 06101W 503,B43.75 503.843,75 (5,508,75) 12N165 830,000 5.750 503,643.75 1,333,843.75 1.37,687.50 (5,50&75) 1,826,67D.00 OW1136 479,981.25 479,981.25 (5,508.75) 12JO1136 940,00D 5.75D 479,981.25 1,419,981.25 1,899,962.50 (5,508.75) 1,888,945.DO 06101/37 452,956.25 452.956.25 (5,508.75) 121OV37 1,010,00D 5.750 452,556.25 1,462,956.25 1,915,912,50 (5,508.75) 1,904,895.00 06MIM 423,418.75 423,918,75 (5,508,75) 12101fd8 550.000 5.75D 423,918,75 973.918,75 1,397,837.50 (5,50B.75) 1,386,820.00 06101139 408,106.25 408,106.25 (5150 -75) 12101139 585,0DO 5,750 408,106.25 993.106.25 1,4DI,212.50 (5,508.75) 1,390,195.DO 06101140 391,287.50 391.287.50 (5,508.75) 12101140 660,ODO 5.750 391,287.50 1,051,287.50 1,442,575.00 (5,508.75) 1,431,557.50 0&01141 372,312.50 372,312.50 (5,508.75) 12101/41 665,000 5.750 372,312.50 1,037,312.50 1,409,625.00 (5,508.75) 1,398,607.50 06101142 353,193.75 353,193.75 (5,508.75) IZIOI142 750,00D 5,750 353.193,75 1,103,193.75 1,456,387.50 (5,508,75) 1.445.370,00 06101143 331.631.25 331,631.25 (5,508.75) 12A7143 535,000 5,750 331,631.25 1,166,631,25 1,498,262.50 (5,508.75) 1,487,245.D0 001144 307,625.00 307.625.00 (5,5D8.75) 12O1144 895.000 5.750 307.625.00 1,2D2,625.00 1.510.250,00 (6,508.75) 1,499,232.50 06101145 281,893.75 281,893.75 (5,508.75) 12101145 960,000 5.750 281.893.75 1.241.893.75 1,523,787.50 (5,508.75) 1,512,770.00 0601146 254.293.75 254,293.75 (5,508.75) 17JD1146 1,045,ODO 5.750 254,293.75 1,299,293,75 1,553,587.50 (5,501175) 1,542,570.00 06101/47 224,2$0.00 224.250.00 (5,508.75) 12101/47 885,000 5.750 224.250.00 1.109.250.00 1,333,500.00 (5,508.76) 1,322,482.50 06101148 198,806.25 198,806.25 (5,508.75) 12R11148 850.000 5,750 198.806,25 1,048,606.25 1,247,612.50 (5,508.75) 1,236.595,00 06101149 174.368.75 174.368.75 (5,508,75) 1ZI01149 2,585,000 5,750 174.368,75 2,759,368.75 2,933,737,50 (5,50&75) 2,922,720.00 0610115D 100,D50.00 1D0,050.00 (5,50&75) 12101150 300,000 5.750 100.050.00 3,580,050.00 3,680,100.DO (1,107,258.75) 2,567,332.50 22,035,000 27,415,712.50 43,450,712.50 49.450,712.5D (628,211,73) (1,431,846,54) 47,390,654.23 Dated 121D5120 Average Coupon 5.15ODD0 NIC 5.&Wli Seftinent 1MI1120 TIC 5.1399969 Arbitrage Yield 5.75ODD0 AN - In - YIIeld 5.939521 Bond Years 476.795.00 Average Life 21,64 George K. Baum Company - 81112017 10 Highway 119 Metropolitan Districts No.1.10 - Commercial In the Town of Firestone General Obligation Bonds Series 2020 Sources and Uses of Funds Sources Principal Amount of Bond Issue Uses Project Fund Reserve Fund Bond Discount Capitalized Interest Fund Cost of Issuance Contingency $17.501$1,000 119 Metro - Comm sauna 1-Aug-17 2:28 PM 22,035,000.00 22,035,000.00 19,819,425.77 1,101,750.00 385,612.50 628, 211.73 100,000.00 0.00 22,035,000.00 George K. Baum Company 811I2017 11 H€ghway 119 Metropotltmr Districts No. 1.10- Commercial nruso•Cw In the Town of Firestone rmmn General Obligation Bonds rev Series 2022 273 PM Debt SeMce Schedule $23,455,D00 Interest Annual Capitalized DSRF Earnings NetAnnual Data Principal Rate Interesl P & I P & I Interest 1.00 P & I 0610t123 674,331.25 674.331.25 (501,692-68) (5,407.68) 12101/23 0 5.750 674,331.25 674,331.25 1,348,66250 (334,233.79 (5,863.75) 501,464.64 06/01124 674,331,25 674,331.25 O.DO (5,863.75) 1Z101124 0 5.750 674,331.25 674,331,25 1,348,662.50 O.DO (5,863.75) 1,338,935.00 0601125 674.331.25 674,331.25 0.00 ($,863.75) 12A11125 0 5.750 674,331.25 674,331,25 1,348,662.50 (5,863.75) 1,335,935.00 061010 674.331.25 674,331.25 (5,863.75) 12101126 20D,000 5.750 674,331.25 874,331.25 1,548,662.50 (5,863.75) 1.536.935.00 ON1127 668,581.25 668,581.25 (5,863.75) 12J01127 215,000 5.750 668,581.25 883,581.25 1,552,16250 (5,863.75) 1,540,435.00 06ro1128 662,400.00 66Z400.00 (5,863.75) 12A11128 225,000 5.750 662,400.00 887,400.00 1,549,800.00 (5,863.75) 1,538,07250 ON01129 655.931.25 655.931.25 (5,863.75) 12JO10 240,000 5.750 655.931.25 895,931.25 1,551,86150 (5,863.75) 1,540,135,00 001/30 649,031.25 649,031,26 (5,863.75) 121D1130 250,000 5.750 649.031.25 699,031.25 1,548,06250 (5,863,75) 1,538,335.00 06101131 641,843,75 641,843,75 (5,80.75) 12101131 265,000 5,750 641,843.75 906,843.76 1,548,687.50 (5,863.75) 1,536,%0.00 001132 634,225.00 634.225,00 (5,863.75) 1=1132 280,000 5,750 634,225.00 914,225,00 1,548,45D.D0 (5,863.75) 1,536,72250 06101/33 626,175.00 626,175.OD PAWS) 12101M 3D0,000 5,750 626,175.00 926.175.00 1,552,350.00 (5,853.75) 1,540,622.50 001134 617,550.00 617,550.00 (5,863.75) 12101/34 315,ODO 5.750 617.550.00 93Z550.00 1,550,100.00 (5,883.75) 1,638,37250 ON1135 608,493.75 608,493.75 (5,863.75) 12101135 335,ODO 5.750 608.493.75 943,493.75 1,551,987.50 (5.883.75) 1,540,260.00 061010 598.86250 598,86250 (5,863.75) 12/01/35 355,000 5.750 598,862.50 953,86250 1,552,725.00 (5,863.75) 1,540,997.50 06101/37 588.656.25 588,656.25 (5,863.75) 1201137 375,000 5.750 588,656.25 963,658.25 1,55Z31250 (5,66375) 1,540,585.00 0601138 577,875.00 577,975.00 (5,863.75) 12*1138 395.000 5.750 577,875,00 972,875.00 1,550.750,00 (5,863.75) 1,539,D2250 ONUS 566.518,75 556.516.75 (5,863.75) 12101139 420.000 5.750 566,518.75 988,518.75 1,553,037.50 (5,863.15) 1,541,310.DD 08101/40 554,443.75 554,443.75 (5,863.76) 12101140 440,000 5.750 554,443.76 994,443.75 1,548,887,50 (5,863.75) 1,537,160,00 ON01141 541,793.75 541,793.75 (5,863.75) 12/01141 465,000 5.750 541.793.75 1,006,793.75 1,548,587.50 (5,863.75) 1,536,860.DD 001142 528.425.00 528.425.00 15.863.75) 12JO1142 495,ODD 5,750 528,425.00 1,023,425A0 4,551,850.00 (5,863.75) 1,540,M.50 0 01143 514,193.75 514,193.75 (5,863.75) 12JO1143 520,000 5.750 514,193.75 1,034,193.75 1,548,387.50 (5.863,75) 1,536,660,00 06101144 499,243.75 499.243,75 (5,86375) 12101144 550,000 5.750 499.243.75 1,049,243.75 1,548,487.5D (5,863.75) 1,S36,760.00 06101145 403,431.25 483,431,25 (5,663.75) IN1145 585,000 5.750 483,431.25 1,D69,431.25 1,551.86150 (5,863,75) 1,541),135,01) D6101146 466.612.50 466,61250 (5,863.75) 1201146 615,000 5.75D 466,61250 1,D81,61250 1,548,225.00 (5,863.75) 1,536,497.50 06101/47 448.931.25 448,931.25 (5,863.75) 121011147 655.000 5.750 448,931.25 1,103,931.25 1,552,862.50 (5,863.75) 1,541,135.00 06101148 430,100.00 43D,10D.00 (5,80,75) 1MI148 1,D1D,ODD 5,750 430.100.00 1,440,100.00 1,870,2DO.00 (5,863,751 1,858,47250 06101/49 401,06250 401.062.50 (5,863.75) 12JO1149 1,385,DDD 5.750 401,062-50 1.786.062,50 2,197,125.00 (5,88375) Z175,397.50 ON0115D 361,243.75 361,243.75 (5,863,75) 12101150 1,885,000 5.750 361,243.75 Z246,243.75 2,607,487.50 (5,80.75) Z595,760.00 06101/51 307,050.00 307,050.00 (51863.75) 12101151 4,585,000 5.750 3D7,050.00 4,892,050,00 5,199,SDD.OD (5,863.75) 5,187,37250 001152 175,231.25 175,231.25 (5,863,75) 12101/52 6.095.000 5.750 175,231.25 6,270,231.25 6,445,462.50 (1,178,613.75) 5,260,985.00 23,455,000 33,010,462.54 56,465,462.50 56,465,462.50 (835.926.43) (1,524,118,93) 54,10.5,417.14 Dated 12A1122 Average Coupon 5.750000 NIC 5.821497 Settlerml 121010 TIC 5.890470 Arbitrage Yield 5.750000 Al - In - Yield 5.925278 Bond Years 574.095,00 Average Life 24AB George K. Baum Company 811i2017 12 Highway 119 Metropolitan Districts No.1-10 - Commercial In the Town of Firestone 119 Metro - Comm General Obligation Bonds saun5 Series 2022 1-Aug-17 11:12 AM Sources and Uses of Funds Sources Principal Amount of Bond Issue Uses Project Fund Reserve Fund Bond Discount Capitalized Interest Fund Cost of Issuance $17.50/$1,000 23,455,000.00 23,455,000.00 20,935,861.07 1,172,750.00 410,462.50 835,926.43 100,000.00 23,455,000.00 George K. Baum Company 8/1/2017 EXHIBIT E List of Public Improvements EXHIBIT E Project: HIphway 119 Metropolitan District Nos.1.10 Cost Wmate Update Engineer's Estimate of Probable Construction Costs of Public Improvements Data: August 1, 2017 Prepared by: TJB Consulting Group. LLC 1.0 WATERLINE QUANTITY I UNIT FUN"RICE I TOTAL COST ITEM DESCRIPTION 500 LF $94.00 $ 47,000 1 1 g" PVC Class 200 15,236 LF $50,00 $ 761.900 2 14" PVC Class 150 4.780 LF $63.00 $ 301,140 3 14" PVC Class 200 29.388 LF $50.00 $ 1,468,400 4 1Y PVC Class 150 10,786 LF $60.00 $ 647,160 5 12" PVC Class 200 1 LS $15.000.00 $ 15,000 6 PRV Valve and Vault 4.000,000 Gal $1.35 $ 5,400.000 7 Water Tank 1 LS $625,000.00 $ 625,000 8 Pump Station 1 L5 $1 125 000.00 $ 1 9 Public raw water ini atlen stem 600 $ 10,39090,600 200A Conttngenengi $_ 2,078,120 -:�?�4a �8iibtotal�E-. 2.0 SANITARY SEWER UNIT UNIT PRICE TOTAL TOTAL COST ITEM DESCRIPTION 7659 LS $55.00 $ 421,245 1 B" PVC Gravity Sewer PVC g0 LF $400.00 $ 32,000 2 3 d Bore Offsite Sanitary for Adam Parcel 4001 1 LF LS $60.00 $259 935.50 5 2 9 938 $ 259.936 4 Lift Station Reimem bursent $ 953,181 20% Contingenc vy S .19�0,636 STORM 3.0 Union 387 LF $39.00 $ 15,093 1 24" RCP 252 LF $65.00 $ 16.380 2 29x42 ERCP 2278 LF $58.50 $ 133,263 3 4 36" RCP 48" RCP (Includes utility conflicts In SKI 19 no.w. and traffic control) 1659 LF LF $195.00 $ $195.00 23.505 323,505 12 $ $ 5 60' Manhole 8 EA $19.500.00 $ 117,000 6 Pond Outlet Struchu'e 80 LF $600.00 $ 40,000 7 Railroad Bore 3.1 Firelight Park Storm Sewer 980 LF $39,00 $ 38,220 1 24" RCP 1300 LF $58.50 $ 76,050 2 3 36" RCP 30" RCP (Includes utility conflicts In SKI19 r.o.w. and traffic control) 33g0 LF 50 $18850 $188.$ 637,130 54,600 4 60' Manhole 12 2 EA - EA $ $ $19 500.00 $ 39,000 5 Pond Outlet Structure 3.2 Sherrelwood Storm Sewer 700 LF $39.00 $ 27,300 1 24" RCP 2800 LF $58.50 $ 163,800 2 36" RCP 8 EA $4,550.00 $ 38,400 3 60' Manhole 2 EA $19 500.00 $ 39,000 4 Pond Outlet Structure 3.3 Adam property Storm Sewer WCR 26R Liberty Gulch Conc Box Culvert, 10x6, per Town of Firestone infrastructur 1600 LF $678.00 S 1,014,000 1 2 10x6 Cortc wingwMls, headwalls, Liberty Gulch culvert 2 EA LF $7.500.00 $ $676.00 $ 15,000 270,400 3 WCR 5.5 Crossing Drainage Structures 400 800 LF $39.00 $ 31,200 4 24" RCP 1700 LF $58.50 $ 99,450 5 36" RCP 700 LF $100.10 $ 70,070 6 48" RCP 8 FA $4.550.00 $ 36.400 7 60' Manhole 2 EA $195,000.00 $ 390,000 8 Drop Structure 2 EA $19 500.00 $ 39,000 9 Pond Outlet Structure 3.4 Sherrelndende Storm Sewer 1 LS $175,600.00 $ 175,500 1 Urground detention system 1 EA $19 500,00 S 19 500 2 Outlet Structure $ 3.971,661 20% Contingency $ 194,372 tl 2W FATJ8og1Un1on Kw y 119 Metro DIDMcA02 Oin W Doca12e17 Aug 1 Cost est and IatletM" 110 Mom 01st Coat Ea12017 08 01 xb RW 119 Met9171at Celt Fit 2017 08 01-AB 2 MR 5.5 Infrastructure Improvements 2,610 LF $825.00 $ 2,153,250 3 MR 26 Infrastructure Improvements 11,570 LF $825.00 $ 9,645,250 4 Fairview Street Infrastructure Improvements 3,620 LF 5520.00 $ 1.882,400 5 Union Ortsite Collector Road 3,850 LF $520.00 S 2,002,000 6 10x10 Pedestrian Underpass 1 EA $400,000.00 S 400,000 7 SH 119Improvements 1 LS $500,000.00 $ 500,000 8 SH 119 Right In/out Improvements 1 4 LS Inter $950,000.00 $400,000.00 $ $ 950,000 1,61]0,000 9 intersections Signals 1 LS $350 000.00 350,000 10 SH 119 Lane Lengthening $ 25,075,400 200/. Contingency $ 6,015,080 5.0 PUBLIC PARK FEATURES ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST 1 Public Park Features 2.7 Million SF $3.50 $ 9,450.000 $ 9,450,000 20% Contingency S 1,890,000 1.0 WATERLINE $ 12,468,720 2.0 SANITARY SEWER $ 1,143,817 3.0 STORM SEWER 5 4,766,233 4.0 STREET CONSTRUCTION $ 30,090.480 Design Engineering (8%) $ 4.784.740 survey (5%) $ 2,990.462 n n non won Notes: 1 This estimate updates the prior estimate 9/1712009 to current market pricing. 2 Quantities and Pricing are subject to change based on approved and stamped final construction drawings. 3 Permit, Development, Bonding, and Tap Fees are NOT included In this estimate. '4 The costs for traffic signage and pavement markings will vary based on final design. 5 Sanitary Sewer pipellne has been assumed to be 10-12 feet deep. 6 Water main pipe and Storm Drainage pipe is assumed to be at 5 feet depth 7 Costs and quantllles were determined utilizing the Town of Firestone 1-25 West Infrastrucure Pion and available plane for the properties of Union, Firelight Park Sherrelwood, Golden and Adams parcels. 8 Public park facility costs are based upon a minimum of 10% open space dedication by area, resulting in 2.7 million square feet of landscaped area. Public park facilides include landscaping soft and hardscape improvements, art, and other recreational facilities. 9 Thls cost estimate is subject to items beyond the control of TJB Consulting Group, Ilc, including, but not limited to, Contractor's methods of pricing and obtalning materials, project management approach, market conditions for equipment & services, changes In govemmental regulations, and as such these costs cannot be guaranteed to not vary from the date of release to the date of actual construction. F:1TJBeglllnl0n Hwy 11$ Memo Dbfflc 02 DlaM Doact2017 Aug 1 Cast eat end left,"" 119 M&" Dist Cast Est 2017 08 o1. da"11 a Mato Dlst Cost Fit 2017 08 01.xb if VC \'jLUi 6' September 10, 2009 Town of Firestone 1.51 Grant Avenue Firestone, Colorado 80520 RE: Proposed "119 Metropolitan District" To Whom It May Concern: . -I, Noah J. Nemmers, a Registered Professional Engineer in the State of Colorado, have reviewed the Engineer's Estimate of Probable Construction Costs within the Service Plan for The 119 Metropolitan District in the Town of Firestone, Colorado.' The Engineer's Estimate of Probable constructions Costs was based on the following information and assumptions: A. The quantities for each Item were based on a conceptual design of public improvements prepared by TJB Consulting Group and V3 Companies Ltd. that was not reviewed or approved by appropriate goveming agencies. B. Unit Costs were based.on recent bid costs for similar projects. 'These costs represent improvements peing constructed in accordance. with Town standards. Based on these assumptions, I believe that the Engineers Estimate df Probable Construction Costs contained within the Service Plan for The 119 Metropolitan District Is reasonable for the public Improvements portion of this project. Additionally, I have reviewed the exhibits of the location of public improvements wittiln the Service Plan for the district (District Roadways, Storm Drainage System, Water Distribution System, Parks and Open Space) and believe the exhibits represent the conceptual design of the public improvements as prepared by TJB Consulting Group and V3 Companies Ltd. Sincerely; V3 Companies Ltd NQah J. Nemmers, P.E.'' CO PE*3982Q V3. Project Manager V3 oOMPAN16 M • 2399- MAKE ST.. STE.139. DENVER.•00 80205 • PH: 303.989,8588 • FX: 303.989.9932 • V3CO.COM DENVER CHICOO PHOENIX September r> , 2017 Town of Firestone 20120 E. Mainstreet Firestone, CO 80138-7334 RE: Highway 119 Metropolitan District Nos. 1-10 To the Town Council: This Indemnification Letter (the "Letter") is delivered by the undersigned (the "Developer") in connection with the review by the Town of Firestone (the "Town") of the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the Highway 119 Metropolitan District Nos. 1-10 (the "Districts"). Developer, 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. Developer 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, contractors or insurers (the "Released Persons") in any manner related to or connected with the Service Plan or any action or omission with respect thereto. Developer further hereby agrees to indemnify and hold harmless the Released Persons 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 (c) any actions or omissions of the Developer or the District, or their agents, in connection with the District, including, without limitation, any actions or omissions of the Developer or District, or their agents, in relation to any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. Developer 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. 2. Developer hereby consents to the Debt Instrument Disclosure Requirement as set forth Section VII.E of the Service Plan, acknowledges the Town's right to modify the required disclosure, and waives and releases the Town from any claims Developer might have based on or relating to the use of or any statements made or to be made in such disclosures (including any modifications thereto). 3. This Letter has been duly authorized and executed on behalf of Developer. Very truly yours, Voyage Ve ares LLC, Developer By: A Title: A1-U45�114 September 12, 2017 Town of Firestone 20120 E. Main Street Firestone, CO 80138-7334 RE: Highway 119 Metropolitan District Nos. 1-10 To the Town Council: This Indemnification Letter (the "Letter") is delivered by the undersigned (the "Developer") in connection with the review by the Town of Firestone (the "Town") of the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the Highway 119 Metropolitan District Nos. 1-10 (the "Districts"). Developer, 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. Developer hereby waives and releases any present or future claims it aught have against the Town or the Town's elected or appointed officers, employees, agents, contractors or insurers (the "Released Persons") in any manner related to or connected with the Service Plan or any action or omission with respect thereto. Developer further hereby agrees to indemnify and hold harmless the Released Persons 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 (e) any. actions or omissions of the Developer or the District, or their agents, in connection with the District, including, without limitation, any actions or omissions of the Developer or District, or their agents, in relation to any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. Developer 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. 2. Developer hereby consents to the Debt Instrument Disclosure Requirement as set forth Section VILE of the Service Plan, acknowledges the Town's right to modify the required disclosure, and waives and releases the Town from any claims Developer might have based on or relating to the use of or any statements made or to be made in such disclosures (including any modifications thereto). 3. This Letter has been duly authorized and executed on behalf of LifeBridge. Very truly yours, LifeBridge Christian Church, a Colorado non-profit corporation By: �,,.,�L Title: _ September 3 2037 Town of Firestone 20120 G. Mainstreet Firestone, CO 80138-7334 RE: Highway 119 Meh•opolitin District Nos. 1-10 To the Town Council: This Indemnification Letter (the "Letter") is delivered by the undersigned (the "Developer") in connection with the review by the Town of Firestone (the "Town") of the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the Highway 119 Metropolitan District Nos. 1-10 (the "Districts"), Developer, foi• 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. Developer 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, contractors or insurers (the "Released Persons") in any manner related to or connected with the Service Plan or any action or omission with respect thereto. Developer further hereby agrees to indemnify and hold harmless the Released Persons 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 (c) any actions or omissions of the Developer of the District, or their agents, in connection with the District, including, without limitation, any actions or omissions of the Developer or District, or their agents, in relation to any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. Developer 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. 2. Developer hereby consents to the Debt Instrument Disclosure Requirement as set forth Section VII.E of the Service Plan, acknowledges the Town's right to modify the required disclosure, and waives and releases the Town from any claims Developer might have based on or relating to the use of or any statements made or to be made in such disclosures (including any modifications thereto). This Letter has been duly authorized and executed on behalf of Developer. Very truly yours, Highway 119 Holdings, LLC, Developer Q+i LiFEBRI DCiE `�3`t.y5 4• v Diwvcr Gmrr. Grave Li Grun. Live Grsrreful)yc September 13, 2017 Town of Firestone 20120 E. Main Street Firestone, CO 80138-7334 RE: Highway 119 Metropolitan District Nos.1-10 To the Town Council: This Indemnification Letter (the "Letter") is delivered by the undersigned LifeBridge Christian Church, a Colorado non-profit corporation ("LifeBridge") in connection with the review by the Town of Firestone (the "Town") of the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the Highway 119 Metropolitan District Nos. 1-10 (the "Districts"). LifeBridge, for and on behalf of itself and its transferees, successors and assigns, represents, warrants, covenants and agrees to and for the benefit of the r Town as follows: 1. LifeBridge hereby waives and releases any present or future claims it night have against the Town or the Town's elected or appointed officers, employees, agents, contractors or insurers (the "Released Persons") in any manner related to or connected with the Service Plan or any action or omission with respect thereto. LifeBridge further hereby agrees to indemnify and hold harmless the Released Persons 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 (c) any actions or omissions of LifeBridge or the District, or their agents, in connection with the District, including, without limitation, any actions or omissions of LifeBridge or District, or their agents, in relation to any bonds or other financial obligations of the District or any offering documents or other disclosures made in connection therewith. LifeBridge 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. 2. LifeBridge hereby consents to the Debt Instrument Disclosure Requirement as set forth Section VII.E of the Service Plan, acknowledges the Town's right to modify the required disclosure, and waives and releases the Town from any claims LifeBridge might have based on or relating to the use of or any statements made or to be made in such disclosures (including any modifications thereto). o a i • .i F It W 3. This Letter has been duly authorized and executed on behalf of Developer. Very truly yours, Union North LC, Developer By: . �Ag Title: EXHIBIT G Form of Intergovernmental Agreement TOWN OF FIRESTONE INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF FIRESTONE, COLORADO AND THE HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-10 THIS AGREEMENT (the "Agreement") is made and entered into as of this 10th day of October, 2017, by and between the TOWN OF FIRESTONE, a home rule municipal corporation of the State of Colorado (the "Town"), and the HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-10, quasi -municipal' corporations and political subdivisions of the State of Colorado (collectively, the "Districts" and individually each a "District"). The Town and the Districts are collectively referred to as the Parties. This Agreement hereby amends and replaces in its entirety. the Intergovernmental Agreement By, Between and Among the Town of Firestone, Colorado and Highway 119 Metropolitan District Nos. 1-6, dated March 24, 2010. WITNESSETH: WHEREAS, C.R.S. § 29-1-203 authorizes the Parties to cooperate and contract with one another regarding functions, services and facilities each is authorized to provide; and WHEREAS, the Districts were organized to provide those services and to exercise powers as are more specifically set forth in the Districts' Service Plan approved by the Town on September 13, 2017 (the "Service Plan"); and WHEREAS, the Service Plan makes reference to and requires the execution of an intergovernmental agreement between the Town and the Districts; and WHEREAS, the Parties have determined that any capitalized term not specifically defined in this Agreement shall have that meaning as set forth in the Service Plan; and WHEREAS, the Parties have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Agreement to address certain matters related to the organization, powers and authorities of the Districts. NOW, THEREFORE, 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: 1. Regional Improvements Funding. The Districts shall be authorized and required to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment and to contribute to the funding of the Regional Improvements, and the Districts shall have the authority to issue Debt for Regional Improvements in an amount not to exceed the Total Debt Limit. The Districts, collectively, shall contribute in the aggregate to the Town, Seven Million Five Hundred Thousand Dollars ($7,500,000) (the "Regional Improvement Contribution Requirement"). The Regional Improvement Contribution Requirement shall be paid as follows: each of the Districts shall contribute 7.8% of the Net Bond Proceeds of the Districts. "Net Bond Proceeds" means the aggregate net proceeds of all Debt issued by the Districts, collectively. The Districts' Regional Improvement Contribution Requirement obligation shall begin upon the issuance by the Town of a building permit for any residential or commercial development within the Project, but shall not include any building permits issued for Public Improvements or related facilities, and shall not apply to any Debt issued by the Districts prior to the issuance of a building permit. Notwithstanding the status of Debt issuances, any remaining amount of the Regional Improvement Contribution Requirement ($7,500,000) shall be due in full to the Town by no later than ten (10) years from the date the first building permit for residential or commercial development (not including any building permits issued for Public Improvements or related facilities) within the Project is issued. The proponents of the District acknowledge and agree that the provisions in this Service Plan and the Intergovernmental Agreement for the Districts' participation in Regional Improvements and the payments to the Town are material considerations in, and conditions of the Town's approval of this Service Plan and are a joint and several liability of all of the Districts, and that the Town has relied thereon in approving this Service Plan. 2. Operations and Maintenance. The District shall dedicate the Public Improvements (as defined in the Service Plan) to the Town or other appropriate jurisdiction or owners association in a manner consistent with the final approved plat, other rules and regulations of the Town, and applicable provisions of the Town Code. The District shall not be authorized to operate and maintain any part or all of the Public Improvements, unless specifically provided for in this Agreement or separate agreement with the Town. 3. Fire Protection. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services, unless specifically provided for in this Agreement or separate agreement with the Town. This provision shall limit the District's authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system. 4. Television R_ elU and Translation. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project, unless specifically provided for in this Agreement or separate agreement with the Town. 5. Construction Standards. The District will ensure that the Public Improvements are designed and constructed in accordance with -the standards and specifications of the Town and of federal and state governmental entities having proper jurisdiction. The District will obtain i the Town's approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. b. Issuance of Privately Placed Debt. Prior to the issuance of any privately placed bonds or other obligations, the payment of which the District has promised to impose an ad valorem property tax mill levy ("Debt"), the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [1] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by the District for the [insert the designation of the Debt] does not exceed. a market [tax-exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 7. Inclusion and Exclusion. The District shall not include within its boundaries any property outside the Service Area (as defined in the Service Plan) without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. The District shall not exclude any property from the District if such exclusion will result, or is reasonably anticipated to result, in detriment to the remaining residents and taxpayers within the District, or to the District's bondholders. 8. Total Debt Issuance. The District shall not issue Debt in excess of One Hundred Fifteen Million Four Hundred Thirty -Nine Thousand Five Hundred Dollars ($115,439,500) in total aggregate principal amount. 9. Monies from Other Governmental Sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except as may be specifically provided for herein. This Section shall not apply to specific ownership taxes which shall be distributed to and constitute a revenue source for the District without any limitation. 10. Consolidation; Dissolution. No District shall file a request with any Court to consolidate with another Title 32 district without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees, unless consolidation is with one of the other Districts which are parties to this Agreement. The District agrees that it shall take all action necessary to dissolve the District in accordance with the provisions of the Service Plan and applicable state statutes. 11. Service Plan Amendment Requirement. Any action of the District which violates the limitations set forth in Sections V.A.1-24 or VLB-H of the Service Plan, or which constitutes a material modification under the Firestone Municipal Code, shall be deemed to be a material modification to the Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin any such action(s) of the District. The Town may also seek damages for breach of this Agreement arising from violations by the District of any provision of the Service Plan. 12, Applicable Laws. The District 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 and related plans. 13. Annual Report. The District shall submit an annual report ("Annual Report") to the Town no later than September 1st of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County, Colorado, containing the information set forth in Section VII of the Service Plan. 14. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when given by hand delivery, overnight delivery, mailed by certified or registered mail, postage prepaid, delivered electronically (if confirmed promptly telephonically) or dispatched by telegram or telecopy (if confirmed promptly telephonically), addressed to the following address or at such other address or addresses as any party hereto shall designate in writing to the other party hereto: Town of Firestone 151 Grant Ave. Firestone, Colorado 80102 Attention: Town Manager Highway 119 Metropolitan District Nos. 1-10 c/o White Bear Ankele Tanaka & Waldron 2154 East Commons Avenue, Suite 2000 Centennial, Colorado 80122 Attention: Jennifer Gruber Tanaka, Esq. jtanaka@wbapc.com (303) 858-1800 All notices, demands, requests or other communications shall be effective upon such personal delivery or one (1) business day after being deposited with Federal Express or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail. By giving the other party hereto at least ten (10) days written notice thereof in accordance with the provisions hereof, each of the Parties shall have the right from time to time to change its address. 4 15. Miscellaneous. A. Effective Date. This Agreement shall be in full force and effect and be legally binding upon final approval of the governing bodies of the Parties. No Debt shall be issued by the District until after the effective date of this Agreement. B. Nonassignability. No party to this Agreement may assign any interest therein to any person without the consent of the other party hereto at that time, and the terms of this Agreement shall inure to the benefit of and be binding upon the respective representatives and successors of each party hereto. C. Amendments. This Agreement may be amended from time to time by written amendment, duly authorized and signed by representatives of the parties hereto. D. Severability. If any section, subsection, paragraph, clause, phrase, or other provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, phase, or other provision shall not affect any of the remaining provisions of this Agreement. E. Execution of Documents. This Agreement shall be executed in two (2) counterparts, either of which shall be regarded for all purposes as one original. Each party agrees that it will execute any and all deeds, instruments, documents, and resolutions or ordinances necessary to give effect to the terms of this Agreement. F. Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Agreement. G. Default/Remedies. In the event of a breach or default of this Agreement by any party, the non -defaulting party shall be entitled to exercise all remedies available at law or in equity, specifically including suits for specific performance and/or monetary damages. In the event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing party in such proceeding shall be entitled to obtain as part of its judgment or award its reasonable attorneys' fees. H. Governing Law and Venue. This Agreement shall be governed and construed under the laws of the State of Colorado. Venue for all actions brought hereunder shall be in the District Court in and for Weld County. 1. Inurement. Each of the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. J. Paragraph Headings. Paragraph headings are inserted for convenience of reference only. K. No Third Party Beneficiaries. No person or entity who or which is not a party to this Agreement will have any right of action under this Agreement. 5 L. Entirety. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties hereto relating to the subject matter hereof and this Agreement, together with the Service Plan provisions that serve to supplement or complement this Agreement, constitutes the entire agreement between the Parties concerning the subject matter hereof. [Remainder of Page Intentionally Left Blank. Signature Pages Follow.] C-I IN WITNESS WHEREOF, this Agreement is executed by the Town and the District as of the date first above written. ,,, TOWN F ATTEST: O ....Q� Cow By: 4A L)04--V'W Leah Vanarsdall, Town Clerk APP OVED AS TO FORM: Sam I J. Light, Town Attorney T WN OF FIRESTONE, COLORADO By- Paul Sorensen, Mayor ATTES : ATTES : HIGHWAY 119 METROPOLITAN DISTRICT NO. 1 BY: --- Offic6r o the District HIGHWAY 119 METROPOLITAN DISTRICT NO. 2 BY: Officer of a District 1 HIGHWAY 119 METROPOLITAN DISTRICT NO. 3 BY: O cer f the District HIGHWAY 119 METROPOLITAN DISTRICT NO.4 13(lo BY: 6 4A4. Olficof the District ATTEST: 1 ATTEST. HIGHWAY 119 METROPOLITAN DISTRICT NO. 5 BY: L Offider the District HIGHWAY 119 METROPOLITAN DISTRICT NO BY ATTEST: 6 r ..6 O cer of the District HIGHWAY 119 METROPOLITAN DISTRICT NO BY: ATTES r 7 OffiLer Of the District ` ,. , BY ATTEST: HIGHWAY 119 METROPOLITAN DISTRICT NO 8 OfficJ of a District HIGHWAY 119 METROPOLITAN DISTRICT NO. 9 BY: •��� Officer of a District ATTEST: HIGHWAY 119 METROPOLITAN DISTRICT NO. BY ATTEST: APPROVED AS TO FORM: 10 Officer o the District WHITE BEAR ANKELE TANAKA & WALDRON Attomeys at Law TOWN OF FIRESTONE INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF FIRESTONE, COLORADO AND THE HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-10 THIS AGREEMENT (the "Agreement") is made and entered into as of this 0-tday of P , 2017, by and between the TOWN OF FIRESTONE, a home rule municipal corporation of the State of Colorado (the "Town"), and the HIGHWAY 119 METROPOLITAN DISTRICT NOS. 1-10, quasi -municipal corporations and political subdivisions of the State of Colorado (collectively, the "Districts" and individually each a "District"). The Town and the Districts are collectively referred to as the Parties. This Agreement hereby amends and replaces in its entirety the Intergovernmental Agreement By, Between and Among the Town of Firestone, Colorado and Highway 119 Metropolitan District Nos. 1-6, dated March 24, 2010. WITNESSETH: WHEREAS, C.R.S. § 29-1-203 authorizes the Parties to cooperate and contract with one another regarding functions, services and facilities each is authorized to provide; and WHEREAS, the Districts were organized to provide those services and to exercise powers as are more specifically set forth in the Districts' Service Plan approved by the Town on September 13, 2017 (the "Service Plan"); and WHEREAS, the Service Plan makes reference to and requires the execution of an intergovernmental agreement between the Town and the Districts; and WHEREAS, the Parties have determined that any capitalized term not specifically defined in this Agreement shall have that meaning as set forth in the Service Plan; and WHEREAS, the Parties have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Agreement to address certain matters related to the organization, powers and authorities of the Districts. NOW, THEREFORE, 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: I. Regional Improvements Funding. The Districts shall be authorized and required to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment and to contribute to the EXHIBIT G Form of Intergovernmental Agreement funding of the Regional Improvements, and the Districts shall have the authority to issue Debt for Regional Improvements in an amount not to exceed the Total Debt Limit. The Districts, collectively, shall contribute in the aggregate to the Town, Seven Million Five Hundred Thousand Dollars ($7,500,000) (the "Regional Improvement Contribution Requirement"). The Regional Improvement Contribution Requirement shall be paid as follows: each of the Districts shall contribute 7.8% of the Net Bond Proceeds of the Districts. "Net Bond Proceeds" means the aggregate net proceeds of all Debt issued by the Districts, collectively. The Districts' Regional Improvement Contribution Requirement obligation shall begin upon the issuance by the Town of a building permit for any residential or commercial development within the Project, but shall not include any building permits issued for Public Improvements or related facilities, and shall not apply to any Debt issued by the Districts prior to the issuance of a building permit. Notwithstanding the status of Debt issuances, any remaining amount of the Regional Improvement Contribution Requirement ($7,500,000) shall be due in full to the Town by no' later than ten (10) years from the date the first building permit for residential or commercial development (not including any building permits issued for -Public Improvements or related facilities) within the Project is issued. The proponents of the District acknowledge and agree that the provisions in this Service Plan and the Intergovernmental Agreement for the Districts' participation in Regional Improvements and the payments to the Town are material considerations in, and conditions of the Town's approval of this Service Plan and are a joint and several liability of all of the Districts, and that the Town has relied thereon in approving this Service Plan. 2.• • Operations and Maintenance. The District shall dedicate the Public Improvements (as defined in the Service Plan) to the Town or other appropriate jurisdiction or owners association in a manner consistent with the final approved plat, other rules and regulations of the Town, and applicable provisions of the Town Code. The District shall not be authorized to operate and maintain any part or all of the Public Improvements, unless specifically provided for in this Agreement or separate agreement with the Town. 3. Fire Protection. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services, unless specifically provided for in this Agreement or separate agreement with the Town. This provision shall limit the District's authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system. 4. Television Relay and Translation. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project, unless specifically provided for in this Agreement or separate agreement with the Town. 5. Construction Standards. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of federal and state governmental entities having proper jurisdiction. The District will obtain 2 funding of the Regional Improvements, and the Districts shall have the authority to issue Debt for Regional Improvements in an amount not to exceed the Total Debt Limit. The Districts, collectively, shall contribute in the aggregate to the Town, Seven Million Five Hundred Thousand Dollars ($7,500,000) (the "Regional Improvement Contribution Requirement"). The Regional Improvement Contribution Requirement shall be paid as follows: each of the Districts shall contribute 7.8% of the Net Bond Proceeds of the Districts. "Net Bond Proceeds" means the aggregate net proceeds of all Debt issued by the Districts, collectively. The Districts' Regional Improvement Contribution Requirement obligation shall begin upon the issuance by the Town of a building permit for any residential or commercial development within the Project, but shall not include any building permits issued for Public Improvements or related facilities, and shall not apply to any Debt issued by the Districts prior to the issuance of a building permit. Notwithstanding the status of Debt issuances, any remaining amount of the Regional Improvement Contribution Requirement ($7,500,000) shall be due in full to the Town by no later than ten (10) years from the date the first building permit for residential or commercial development (not including any building permits issued for Public Improvements or related facilities) within the Project is issued. The proponents of the District acknowledge and agree that the provisions in this Service PIan and the Intergovernmental Agreement for the Districts' participation in Regional Improvements and the payments to the Town are material considerations in, and conditions of the Town's approval of this Service Plan and are a joint and several liability of all of the Districts, and that the Town has relied thereon in approving this Service Plan. 2. Operations and Maintenance. The District shall dedicate the Public Improvements (as defined in the Service Plan) to the Town or other appropriate jurisdiction or owners association in a manner consistent with the final approved plat, other rules and regulations of the Town, and applicable provisions of the Town Code. The District shall not be authorized to operate and maintain any part or all of the Public Improvements, unless specifically provided for in this Agreement or separate agreement with the Town. 3. Eire Protection. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain fire protection facilities or services, unless specifically provided for in this Agreement or separate agreement with the Town. This provision shall limit the District's authority to plan for, design, acquire, construct, install, relocate, redevelop or finance fire hydrants and related improvements installed as part of the water system. 4. Television Relay and Translation. The District shall not be authorized to plan for, design, acquire, construct, install, relocate, redevelop, finance, operate or maintain television relay and translation facilities and services, other than for the installation of conduit as a part of a street construction project, unless specifically provided for in this Agreement or separate agreement with the Town. 5. Construction Standards. The District will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of federal and state governmental entities having proper jurisdiction. The District will obtain 2 the Town's approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 6. Issuance of Privately Placed Debt. Prior to the issuance of any privately placed bonds or other obligations, the payment of which the District has promised to impose an ad valorem property tax mill levy ("Debt"), the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by the District for the [insert the designation of the Debt] does not exceed a market [tax-exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 7. Inclusion and Exclusion. The District shall not include within its boundaries any property outside the Service Area (as defined in the Service Plan) without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees. The District shall not exclude any property from the District if such exclusion will result, or is reasonably anticipated to result, in detriment to the remaining residents and taxpayers within the District, or to the District's bondholders. 8. Total Debt Issuance. The District shall not issue Debt in excess of One Hundred Fifteen Million Four Hundred Thirty -Nine Thousand Five Hundred Dollars ($115,439,500) in total aggregate principal amount. 9. Monies from Other Governmental Sources. The District shall not apply for or accept Conservation Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except as may be specifically provided for herein. This Section shall not apply to specific ownership taxes which shall be distributed to and constitute a revenue source for the District without any limitation. 10. Consolidation, Dissolution. No District shall file a request with any Court to consolidate with another Title 32 district without the prior written consent of the Town, as evidenced by resolution of the Town Board of Trustees, unless consolidation is with one of the other Districts which are parties to this Agreement. The District agrees that it shall take all action necessary to dissolve the District in accordance with the provisions of the Service Plan and applicable state statutes. 3 11. Service Plan Amendment Requirement. Any action of the District which violates the limitations set forth in Sections V.A.1-24 or VLB-H of the Service Plan, or which constitutes a material modification under the Firestone Municipal Code, shall be deemed to be a material modification to the Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin any such action(s) of the District. The Town may also seek damages for breach of this Agreement arising from violations by the District of any provision of the Service Plan. 12. Analicabie Laws. The District 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 and related plans. 13. Annual Report. The District shall submit an annual report ("Annual Report") to the Town no later than September 1st of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County, Colorado, containing the information set forth in Section VH of the Service Plan. 14. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when given by hand delivery, overnight delivery, mailed by certified or registered mail, postage prepaid, delivered electronically (if confirmed promptly telephonically) or dispatched by telegram or telecopy (if confirmed promptly telephonically), addressed to the following address or at such other address or addresses as any party hereto shall designate in writing to the other party hereto: Town of Firestone 151 Grant Ave. Firestone, Colorado 80102 Attention: Town Manager Highway 119 Metropolitan District Nos. 1-10 c/o White Bear Ankele Tanaka & Waldron 2154 East Commons Avenue, Suite 2000 Centennial, Colorado 80122 Attention: Jennifer Gruber Tanaka, Esq. jtanaka@wbapc.com (303) 858-1800 All notices, demands, requests or other communications shall be effective upon such personal delivery or one (1) business day after being deposited with Federal Express or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail. By giving the other party hereto at least ten (10) days written notice thereof in accordance with the provisions hereof, each of the Parties shall have the right from time to time to change its address. 4 H . Service Plan Amendment Requirement. Any action of the District which violates the limitations set forth in Sections V.A.1-24 or VI.B-H of the Service Plan, or which constitutes a material modification under the Firestone Municipal Code, shall be deemed to be a material modification to the Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin any such action(s) of the District. The Town may also seek damages for breach of this Agreement arising from violations by the District of any provision of the Service Plan. 12. Applicable Laws. The District 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 and related plans. 13. Annual Report. The District shall submit an annual report ("Annual Report") to the Town no later than September 1 st of each year following the year in which the Order and Decree creating the District has been issued by the District Court for and in Weld County, Colorado, containing the information set forth in Section V1I of the Service Plan. 14. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when given by hand delivery, overnight delivery, mailed by certified or registered mail, postage prepaid, delivered electronically (if confirmed promptly telephonically) or dispatched by telegram or telecopy (if confirmed promptly telephonically), addressed to the following address or at such other address or addresses as any party hereto shall designate in writing to the other party hereto: Town of Firestone 151 Grant Ave. Firestone, Colorado 80102 Attention: Town Manager Highway 119 Metropolitan District Nos. 1-10 c/o White Bear Ankele Tanaka & Waldron 2154 East Commons Avenue, Suite 2000 Centennial, Colorado 80122 Attention: Jennifer Gruber Tanaka, Esq. jtanaka@wbapc.com (303) 858-1800 All notices, demands, requests or other communications shall be effective upon such personal delivery or one (1) business day after being deposited with Federal Express or other nationally recognized overnight air courier service or three (3) business days after deposit in the United States mail. By giving the other party hereto at least ten (10) days written notice thereof in accordance with the provisions hereof, each of the Parties shall have the right from time to time to change its address. 4 15. Miscellaneous. A. Effective Date. This Agreement shall be in full force and effect and be legally binding upon final approval of the governing bodies of the Parties. No Debt shall be issued by the District until after the effective date of this Agreement. B. Nonassignability. No party to this Agreement may assign any interest therein to any person without the consent of the other party hereto at that time, and the terms of this Agreement shall inure to the benefit of and be binding upon the respective representatives and successors of each party hereto. C. Amendments. This Agreement may be amended from time to time by written amendment, duly authorized and signed by representatives of the parties hereto. D. Severability. If any section, subsection, paragraph, clause, phrase, or other provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, phase, or other provision shall not affect any of the remaining provisions of this Agreement. E. Execution of Documents. This Agreement shall be executed in two (2) counterparts, either of which shall be regarded for all purposes as one original. Each party agrees that it will execute any and all deeds, instruments, documents, and resolutions or ordinances necessary to give effect to the terms of this Agreement. F. Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Agreement. G. Default/Remedies. In the event of a breach or default of this Agreement by any party, the non -defaulting party shall be entitled to exercise all remedies available at law or in _. equity, -specifically including suits for specific performance and/or monetary damages. In the event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing party in such proceeding shall be entitled to obtain as part of its judgment or award its reasonable attorneys' fees. H. Governing Law and Venue. This Agreement shall be governed and construed under -the laws of the State of Colorado. Venue for all actions brought hereunder shall be in the District Court in and for Weld County. I. Inurement. Each of the terns, covenants and conditions hereof shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. J. Paragraph Headings. Paragraph headings are inserted for convenience of reference only. K. No Third Party Beneficiaries. No person or entity who or which is not a party to this Agreement will have any right of action under this Agreement. 5 L. Entirety. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties hereto relating to the subject matter hereof and this Agreement, together with the Service Plan provisions that serve to supplement or complement this Agreement, constitutes the entire agreement between the Parties concerning the subject matter hereof. [Remainder of Page Intentionally Left Blank. Signature Pages Follow.] 2 IN WITNESS WHEREOF, this Agreement is executed by the Town and the District as of the date first above written. TOWN OF FIRESTONE, COLORADO F aES;roti� V�' ATTEST:A NO ( 8 f-rW,S , Tow "� ATTEST: Secretary APPROVED AS TO FORM: , Attorney ATTES ATTEST: j ATTES . ATTES . ' HIGHWAY 119 METROPOLITAN DISTRICT N0. 1 BY: O cer f the District HIGHWAY 119 METROPOLITAN DISTRICT NO.2 BY: :aL Offi er 9f the District HIGHWAY 119 METROPOLITAN DISTRICT NO.3 BY: Oft, c-lof the District HIGHWAY 119 METROPOLITAN DISTRICT NO.4 BY: O ice r of the District HIGHWAY 119 METROPOLITAN DISTRICT NO. 5 BY: Officer of he District ATTE 2j, r - HIGHWAY 119 METROPOLITAN DISTRICT NO. d BY: Off, er f the District ATTES . HIGHWAY 119 METROPOLITAN DISTRICT NO.7 mm ATTEST: Officer of the District RESOLUTION NO. 1741 A RESOLUTION AUTHORIZING THE CLOSING OF ACCOUNTS AT BANK OF THE WEST WHEREAS, the Town has various accounts and safe deposit boxes with banks, depositories and financial institutions; and WHEREAS, the Board of Trustees desires to authorize the closing of certain accounts; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes the closing of all Town accounts at Bank of the West. Section 2. Mayor Pro-Tem Bobbi Sindelar, Town Manager Bruce Nickerson, and Assistant Town Manager Jennifer Weinberger are each hereby authorized as signatories on the accounts provided for herein, and any one of the above -referenced persons is hereby authorized to execute and deliver any and all documents necessary to effect the closing of such accounts. Either of the Town Clerk or Town Clerk Pro-Tem is hereby authorized to attest, and other Town staff is hereby authorized to execute and deliver, any and all documents necessary to effect the provisions of this resolution. INTRODUCED, ADOPTED AND RESOLVED THIS 13th DAY OF SEPTEMBER, 2017. ('ro SIONO O ATTEST:�'`•.......r. We We L� - Vanarsdall, Town TOWN OF FIRESTONE, COLORADO l� bi Sinde4 , Mayor Pro-tem RESOLUTION NO. 1740 A RESOLUTION APPROVING UPDATED TRAVEL AND TOWN -ISSUED CREDIT CARD POLICIES FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone has previously adopted policies governing reimbursement of travel expenses and use of Town -issued credit cards; and WHEREAS, the Town Board of Trustees updated such policies by Resolution No. 15-43; and WHEREAS, the Board of Trustees finds that such policies should be amended in order to update and revise certain portions thereof, including the removal of references to "Branch" and "Director of Corporate Services," as those terms are no longer used by the Town; and WHEREAS, the Board of Trustees by this Resolution desires to adopt said updated travel reimbursement and Town -issued credit card policies. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves and adopts the updated Town of Firestone Travel and Expense Reimbursement Policy and Town of Firestone Town -Issued Credit Cards Policy attached to this Resolution. Section 2. The updated Travel and Expense Reimbursement Policy and Town -Issued Credit Cards Policy approved and adopted by this Resolution shall take effect September 14, 2017, and shall replace the Travel and Expense Reimbursement Policy and Town -Issued Credit Card Policy previously adopted by Resolution No. 15-43. INTRODUCED, ADOPTED AND RESOLVED THIS 1311 DAY OF September, 2017. ��FtES tp� r' TOWN �s SEA o� ATTEST: C,0�N TY, Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO �" �M do bi Sind ar, M; _ ayorPro-tem RESOLUTION NO. 17-39 A RESOLUTION CONCERNING THE MEMBERSHIP, ROLES AND RESPONSIBILITIES OF THE TOWN OF FIRESTONE FINANCE COMMITTEE WHEREAS, by Resolution No. 11-26, the Board of Trustees formally established the Town of Firestone Finance Committee ("Committee") as an advisory committee of the Board of Trustees in accordance with Section 2.04.130 of the Firestone Municipal Code; and WHEREAS, by Resolution No. 13-12, the Board of Trustees increased the membership of the Committee, restated the membership, goals and responsibilities of the Committee, and repealed and replaced Resolution No.11-26; and WHEREAS, the Board of Trustees by this resolution desires to further increase the membership of the Committee and revise and restate the membership, goals and responsibilities of the Committee; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO. Section The Town of Firestone Finance Committee (the "Committee') was formally established by Board of Trustees Resolution No. 11-26, adopted September 28, 2011. The Committee shall be an advisory committee of the Board of Trustees. The Committee shall consist of five members, as follows: two members of the Board of Trustees and three residents of the Town. Committee members shall be appointed at a public meeting of the Board of Trustees in accordance with Section 2.04.130 of the Firestone Municipal Code. Section 2. The following rules shall apply to the Committee: A. Quorum: Three members of the Committee, one of whom must be a member of the Board of Trustees, shall constitute a quorum. A majority of the quorum is required to act on any matter before the Committee, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time and date. B. Term: Each Committee member shall be appointed to a two-year term. A member's term shall commence on the fourth Wednesday of April of each even numbered year and shall expire on the fourth Wednesday of April two years later. Committee members may be reappointed without any limit on the total number ofterms served. C. Vacancies/Removal: Committee vacancies shall be filled by an affirmative vote of a majority of the entire Board of Trustees. The term of any person appointed to the Committee to fill a vacancy left by a vacating Committee member shall expire on the expiration date of the tern of the vacating Committee member. A Committee member may be removed from the Committee for any reason by an affirmative vote of majority of the Board of Trustees. D. Meetings_The Committee shall meet monthly unless there is no business for the Committee to consider. Regular meeting dates, times and locations shall be determined at the first Committee meeting of each calendar year. Meetings of the Committee shall be subject to the Colorado Open Meetings Law. Staff to the Committee shall keep an accurate summary or minutes of all Committee meetings, which shall be open for inspection in accordance with the Colorado Open Records Act. The Committee may call special meetings or reschedule any meeting by action taken at any meeting. Section 3. The Committee shall serve in an advisory capacity to Board of Trustees on matters concerning Town's finances. The Committee's goals and responsibilities shall include the following: A. Review the Town's annual draft budget to obtain an understanding of the Town's financial position as well as budgeting priorities and initiatives determined by the Town Board and provide feedback on inconsistencies or irregularities to the Town Board. B. Review financial policies developed and drafted by Town Finance staff and provide comments and recommendations regarding such draft financial policies to the Town Board. C. Periodically review, but no less frequently than as recommended by the State Auditor's Office, the need for rotation of the Town's independent auditor. D. Interview selected qualified firms being considered to serve as the Town's auditor. Make recommendation of auditor for Town Board consideration and approval. E. Review the Town's draft annual audit, monitor the Town's established internal controls related to accounting procedures and functions, and provide recommendations regarding responses to Town auditor's management letter. Provide recommendation to Town Board to accept the Town's audited year-end financial statements. F. Other duties as specifically identified and requested by the Town Board. Section 4. The Committee shall have the power to adopt bylaws, rules, policies and procedures for the conduct of its activities, which shall be consistent with the provisions of the Firestone Municipal Code, resolutions and other applicable law. The Committee shall have the power to determine and appoint its own officers. Section 5. Resolution Nos. 11-26 and 13-12 are hereby repealed and replaced in their entirety by this Resolution. READ, and ADOPTED this 13th day of September, 2017. �`REST04� ,•�Towra TOWN OF FIRESTONE, COLORADO ic 10 An 11 SEAL a �m aw 10 4 C� C'0 .•0�� B i Sindel Mayor Pro- em VNTY, C 2 ATTEST: O�jww Leal Vanarsdall, Town Clerk RESOLUTION NO. 17-38 A RESOLUTION REFERRING A TABOR BALLOT ISSUE TO THE REGISTERED ELECTORS AT THE SPECIAL ELECTION TO BE HELD NOVEMBER 7, 2017, AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH SUCH ELECTION WHEREAS, the Town of Firestone (the "Town"), is a Colorado statutory town duly organized and existing under laws of the State of Colorado; and WHEREAS, the members of the Board of Trustees of the Town (the "Board of Trustees") have been duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights ("TABOR") requires voter approval for any new tax, any increase in any tax rate, the creation of any debt, extension of an expiring tax, and the spending of certain funds above limits established by TABOR; and WHEREAS, pursuant to applicable law, including but not limited to Article 2 of Title 29, Colorado Revised Statutes, the Town is authorized to adopt a municipal sales and use tax and has previously adopted upon voter approval a permanent municipal sales tax of three percent and a permanent municipal use tax of two percent; and WHEREAS, pursuant to a resolution adopted by the Board of Trustees, the Town will hold a special election on November 7, 2017, as a coordinated election pursuant to the Uniform Election Code of 1992, as amended; and WHEREAS, TABOR requires that the Town submit ballot issues, as defined in TABOR, to the Town's registered electors on specified election days before action can be taken on such ballot issues; and WHEREAS, November 7, 2017, is one of the election dates at which TABOR ballot issues may be submitted to the registered electors of the Town pursuant to TABOR; and WHEREAS, the Town Board of Trustees is of the opinion that it should refer to the voters at the November 7, 2017 election a TABOR ballot issue concerning the imposition of an additional temporary 0.6% sales and use tax for a period not to exceed twenty-five years for the purpose of financing the construction of the new Firestone Police Station, to include a court facility, a multi -purpose police training/community room, and all necessary land, equipment, furnishings, improvements and incidentals. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF "TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. Section 31-10-108 and Board of Trustees Resolution No. 17-28, adopted July 19, 2017, there has been called and set a special election for the Town of Firestone to be held Tuesday, November 7, 2017, as part of a coordinated election. Section 2. Pursuant to applicable provisions of the laws of the State of Colorado, the Board of Trustees hereby submits to the registered electors of the Town, at the special election to be held on November 7, 2017, the ballot issue specified in Section 3 of this Resolution. Section 3. The following ballot issue, certified in substantially the form set forth below, is hereby referred to the registered electors of the Town and shall appear on the ballot of the Town of Firestone special election to be held on November 7, 2017: BALLOT ISSUE 2 SHALL TOWN OF FIRESTONE TAXES BE INCREASED $1,350,000 IN 2018 (FIRST FULL FISCAL YEAR DOLLAR INCREASE) AND THEN ANNUALLY BY SUCH ADDITIONAL AMOUNTS AS ARE RAISED THEREAFTER FROM THE LEVY OF AN ADDITIONAL SALES AND USE TAX OF 0.6 PERCENT FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF THE NEW FIRESTONE POLICE STATION, TO INCLUDE A COURT FACILITY, A MULTI -PURPOSE POLICE TRAININGICOMMUNITY ROOM, AND ALL NECESSARY LAND, EQUIPMENT, FURNISHINGS, IMPROVEMENTS AND INCIDENTALS; AND SHALL THE SALES AND USE TAX INCREASE COMMENCE JANUARY 1, 2018 AND BE IMPOSED FOR A PERIOD NOT TO EXCEED TWENTY-FIVE YEARS, PROVIDED THAT THE 0.6 PERCENT SALES TAX SHALL BE COLLECTED UPON THE TOWN'S EXISTING SALES TAX BASE, SO THAT THERE CONTINUES TO BE NO TOWN SALES TAX UPON FOOD FOR DOMESTIC HOME CONSUMPTION, AND THE USE TAX SHALL BE COLLECTED UPON THE TOWN'S EXISTING USE TAX BASE? YES NO Section 4. The number/letter designations of the ballot title herein referred shall be as finally determined by the election officials in accordance with law. Section 5. The Board of Trustees may submit additional ballot issues or other measures to appear on the ballot of the election by the adoption of appropriate resolutions or ordinances as required by law. Section 6. The election shall be conducted as a part of a coordinated 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 7. Because the election will be held as part of the coordinated election, the Board of Trustees hereby determines that the Weld County Clerk and Recorder shall conduct the election on behalf of the Town, to the extent and as provided in the Uniform Election Code, as 4 amended. The officers of the Town are hereby authorized to enter into one or more intergovernmental agreements with the County Clerk pursuant to Section 1-7-116 and/or Article 7.5, Title 1, C.R.S. Any such intergovernmental agreement heretofore entered into in connection with the election is hereby ratified, approved and confirmed. Section 8. Notice of the election shall be given in the manner prescribed by Article X, Section 20 of the Colorado Constitution, the Uniform Election Code and other applicable laws. 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 and the conduct of the November 7, 2017 election. 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. INTRODUCED, READ AND ADOPTED this 30E" day of August, 2017. TOWN O m } SEAL J o ATTEST: r10 r 4 II OOV I Go 0 w iA Leah Vanarsdail, Town Clerk TOWN OF FIRESTONE, COLORADO a"T7J2---� Paul Sorensen, Mayor 3 RESOLUTION NO 17-37 A RESOLUTION PRESCRIBING THE PAYMENT RATE FOR PAYMENTS OF CASH- IN- LIEU OF WATER RIGHTS DEDICATIONS TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system and requires the dedication of water rights in connection with the annexation, subdivision and development of, and water service to, properties within the Town; and WHEREAS, pursuant to Sections 1,08.050 and 13.08.010 of the Firestone Municipal Code, the Town allows, under prescribed circumstances and in the sole' and absolute discretion of the Town, for the dedication requirement to be met by payment of cash in lieu of dedication; and WHEREAS, Sections 1.08.050 and 13.08.010 provide that the rate for payments of cash- in -lieu of water rights shall be as determined by the Board of Trustees from time to time by resolution, such rate to be not less than one hundred and ten percent (I10%) of the then - current price of a Colorado Big Thompson ("CBT") unit, with an assumed annual yield of 0.60 acre-feet of actual water per CBT unit; and WHEREAS, the Board of Trustees previously approved a resolution setting the payment rate at $27,750.00 per unit of CBT water; and WHEREAS, the Board of Trustees desires to re -adopt such rate and confirm the assumed yield requirements of Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section, Effective upon the adoption of this resolution, the payment rate for payments of cash -in -lieu of water rights dedications shall be $27,750.00 per unit of Colorado Big Thompson ("CBT") water, with an assumed yield of 0.60 acre-feet per CBT unit. Said rate shall remain in effect until revised by subsequent resolution of the Board of Trustees. Section 2. The charges set by this resolution shall supersede and replace any charges previously set or adopted by the Board of Trustees for the same purpose. Section 3. 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 23`d DAY OF August, 2017. SEA 10 ATTEST: �'0•. .�p�� ,eah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO .?Obbi 3?W'(K= Bo bi Sindelar, Mayor Pro Tern RESOLUTION NO. 17-36 A RESOLUTION APPROVING A MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS BY AND AMONG THE TOWN OF FIRESTONE, THE WELD COUNTY CLERK AND RECORDER AND THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY WHEREAS, the Weld County Clerk and Recorder will conduct an election on November 7, 2017, as a coordinated mail ballot election pursuant to the Uniform Election Code and, in particular, C.R.S. Section 1-7-116; and WHEREAS, the Board of Trustees previously called a special municipal election for November 7, 2017, such election to occur as a coordinated mail ballot election pursuant to state law; and WHEREAS, the attached Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections provides for the conduct and financing of such election; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections ("Intergovernmental Agreement"), a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. Section 2. 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 and in accordance with the terms of the Intergovernmental Agreement. Section 3. The Mayor and Town Clerk are hereby authorized to execute the Intergovernmental Agreement on behalf of the Town of Firestone, except that such persons are hereby further authorized to negotiate and approve such revisions to the Intergovernmental Agreement as are determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Intergovernmental Agreement are not altered. INTRODUCED, READOPTED this 23d day of Au ust, 2017. F\RS rA)40 ''TQwnTOWN OF FIRESTONE, COLORADO B bi Sinde , Mayor Pro Tem 1 •�M•......�••L /V�� f ATTEST: TOWN SEA } o Vanarsdall, Town Clerk RESOLUTION NO.17-35 A RESOLUTION APPROVING UPDATED PURCHASING POLICY FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone has previously adopted a purchasing policy and procedures for the Town; and WHEREAS, the Board of Trustees finds that such policy and procedures should be amended in order to update and revise certain portions thereof; and WHEREAS, the Board of Trustees finds that the adoption of an updated purchasing policy will promote and support the efficient and effective use of Town resources and promote the best interests of the Town; and WHEREAS, there has been presented to the Board of Trustees for adoption an updated purchasing policy; and WHEREAS, the Board of Trustees finds that the proposed purchasing policy is solely in support of the Town's fiscal responsibilities, including administration of annually appropriated funds, and solely for the benefit of the Town of Firestone, and confers no rights, duties or entitlements to any bidders or proposers; and WHEREAS, the Board of Trustees by this Resolution desires to adopt said updated purchasing policy. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves and adopts the updated Town of Firestone Purchasing Policy attached to this Resolution. Section 2. The updated Purchasing Policy approved and adopted by this resolution shall take effect August 9, 2017, and replaces the Purchasing Policy previously adopted by Resolution No. 16-05. INTRODUCED, ADOPTED AND RESOLVED THIS DAY OF 2017. TOWN OF FIRESTONE, COLORADO 0SRAL Paul Sorensen, Mayor C-0 4sW TpN� 70ATTEST: SEAL Leah Vanarsdall, Town Clerk PURCHASING POLICY Use of Policy This policy and the award of bid and other provisions herein are promulgated solely in support of the proper exercise of the Town's fiscal responsibilities, including administration of annually appropriated funds, and solely for the benefit of the Town of Firestone, and confer no rights, duties or entitlements to any bidders or proposers. Purchasina Levels Amount Required Procedures PettyCash & Small Non -Bid Purchases Less than $50.00 Complete a "Petty Cash" request form. Petty cash requests require approval from the Department Head. Receipts and excess petty cash must be returned to the Finance Department within three business days of purchase. $50.00 to $4,999.99 Purchases within these amounts must be approved in advance by the Department Head and require the vendor invoice and receiving document when the items are received. Informal Bidding $5,000.00 to $24,999.99 Purchases within these amounts must be approved in advance by the Department Head or Town Manager. Three quotations, by phone, internet or other source, shall be obtained and documented for the file. $25,000.00 to $49,999.99 Purchases within these amounts must be approved in advance by the Department Head and Town Manager. Written quotations are required from a minimum of 3 vendors, and such quotations shall be documented for the file. Formal Bidding $50,000.00 and above Purchases of $50,000 and above must be approved in advance by the Board of Trustees. Written quotations are required from a minimum of 3 vendors and the procurement must follow applicable provisions of the "Formal Bidding Requirements." The Board of Trustees may reduce the number of required quotations and waive otherwise applicable formal bidding requirements if the Board of Trustees determines that it is not practical or advantageous to the interests of the Town. Additional Considerations - Note: • A contract shall be used for construction or labor and materials procurements, and a professional services contract shall be used for procurements of professional or consulting services. See Town Clerk's office for Town forms. • In addition to the above, any proposed purchase in the following categories shall require Board of Trustees approval: • Any professional or consulting services contract over $20,000, either in original contract amount or anticipated aggregate expenditures for the fiscal year; • Any proposed purchase related to a project or program that, at the time of the proposed purchase, is over budget by $5,000 or 5% of the approved cost of the project or program, whichever is greater. • The Board of Trustees or Town Manager may direct the use of a higher level bidding process on the purchase of any product or service without consideration of dollar amount. • In addition to the appropriate approvals, all purchases shall be supported by appropriated funds within the program area. Purchasing A petty cash request, check request or vendor invoice serves to inform the Finance Department of the needs of the departments, correctly identifies a material or service requested for the department's operations, and identifies the expenditure account number to which the purchase is to be charged. Petty Cash: The petty cash fund shall be used to pay for small obligations which do not exceed $50,00, Petty cash requests will be granted under the following circumstances: An employee is requesting a cash advance for expenditures relating to Town business (sales receipt and any excess petty cash must be returned to the Finance Department within three business days). • An employee is requesting a reimbursement for expenditures relating to Town business (receipts must be attached to the requisition). It is the responsibility of the employee using the petty cash fund to obtain and use the Town's tax-exempt identification number. Tax paid will not be reimbursed or otherwise covered by the Town. Bidding Bidding procedures are used to provide vendors the opportunity to bid, to elicit greater vendor response, to meet competitive bid requirements when imposed by state or federal law, and to promote competitive prices from vendors for the purchase of capital equipment and other items of significant monetary value. The Board of Trustees or Town Manager may direct the use of a higher level bidding process on the purchase of any product or service regardless of the amount to be spent. As used herein, "bid" and "bidding" shall include requests for bids, requests for proposals, or requests for qualifications. The responsible Department Head, in consultation with the Town Manager or designee, shall determine when bidding procedures shall utilize a request for bids, request for proposals or request for qualifications, as appropriate. All purchases of goods or acquisition of services of $50,000 and over and all purchases of cars, trucks, and heavy equipment shall require formal bidding procedures unless otherwise required by statute or the Firestone Municipal Code. All purchases of any water rights or any interest in land require approval by the Board of Trustees. Contracts for the purchase of property, liability and other insurance coverage, and contracts for the purchase or administration of employee health, welfare or insurance benefits shall be subject to formal bidding no less frequently than once every four years; however, the foregoing shall not limit the authority of the Board of Trustees or Town Manager to direct the use of formal bidding for any renewal. Types of Bids Informal Bids All purchases within the financial parameters of $5,000.00 to $49,999.99 shall require informal bidding procedures. For purchases between $5,000.00 and $24,999.99, the requesting department shall obtain and document a minimum of three (3) verbal quotations, and such quotations shall be documented for the file. • For purchases between $25,000.00 and $50,000.00, the requesting department shall obtain and document a minimum of three (3) written quotations. Steps to complete an informal bid_ (unless otherwise stated, responsibility falls on requesting department): 1) Develop specifications. Upon finalization of the specifications, prepare any documents required by the informal bid. 2) Disseminate specifications to identified vendors, including dissemination by e- mail, mail or other method as appropriate. 3) Evaluate the bid results and determine which bid serves the Town's best interests. 4) Prepare a Purchase Requisition and obtain required approval for the level of purchasing. Formal Bids For purchases of $50,000.00 or more, the requesting department shall follow and document the formal bid procedures outlined below, as applicable to the particular procurement. In presenting a formal bid procurement to the Board of Trustees, the requesting department shall obtain and document a minimum of three (3) written bids. The Board of Trustees may reduce the number of required quotations and waive otherwise applicable formal bidding requirements if it is determined that it is not practical or advantageous to the interests of the Town. Requests for formal bids shall be distributed to qualified/identified vendors in the manner determined by the requesting department. In the discretion of the requesting department, or if directed by the Town Manager or Board of Trustees, requests for formal bids may be posted to the Town website and may be published in a newspaper of general circulation in the Town, in other publications of limited circulation, or in trade journals, but such publication is not required by the Policy. If publication of a request for formal bids is required for a particular procurement by federal or state law or by a funding agency, the requesting department shall prepare and arrange for publication of the required notice. Notices, general instructions, conditions, and specifications shall be mailed, posted to the Town website or otherwise made available to qualified/identified vendors. All requests for formal bids shall be reviewed and approved by the Town Manager or designee prior to distribution. 4 Steps to complete a.formal bid: (unless otherwise stated, responsibility falls on requesting department) 1) Develop specifications. Upon finalization of the specifications, determine any special requirements, such as bid, performance, and payment bonds; insurance; retainage; and any special requirements the requesting department may need. See bonding and insurance requirements listed below. 2) Prepare bid documents. Prepare all documents required for the request for formal bid. Bid documents shall contain the following information, as applicable to the particular procurement*: • Where the bidder can obtain bid documents; • Any costs of bid documents; • Bid submittal deadline; • Date, time and location of bid openings; • Any bond and/or insurance requirements; • Any special requirements; • A statement to the effect that the Town reserves the right to reject any and all bids, and to accept the bid deemed to be the lowest reliable and responsible bid, which serves the Town's best interests; • A statement to the effect that all bids submitted become public information upon bid opening; • General conditions; • Minimum specifications; • Bid proposal form; • Delivery date or completion date; • Period of bid validity; and • A statement to the effect that the bidder must submit with its bid a copy of its current contractor/business license(s) issued by the Town of Firestone, or obtain same prior to any award if bidder is the successful bidder. *(For example: a request for bids for a vehicle purchase typically would not include bond or insurance requirements. A request for proposals for consulting services would typically not include bond requirements or a formal bid opening. ) 3) Determine bond, insurance, contract requirements. If any bonds, insurance, or contracts are required, prepare contract form and confer with risk management staff and/or Town Attorney as needed to confirm requirements. See bonding and insurance requirements listed below. 4) Distribute requests for bids. Make available a complete set of bid documents to all qualified/identified vendors or request vendors to pick up bid documents. 5) Open bids. Conduct the public bid opening per the identified bid opening date. Any bids received after the specified time will be returned to the bidder unopened. All bids/quotes/proposals should be retained for the minimum period required by the Town's records retention schedule (generally three years after contract is awarded). 6) Evaluate bids. Evaluate the bid results and determine which bid serves the Town's best interests. If the recommended vendor has not submitted the low bid, the department must demonstrate how the higher bid serves the best interests of the Town. 5 7) Prepare Board report. Prepare report to Board of Trustees for its review and action on the proposed procurement. , 8) Complete draft documents for Board packet. Submit to Department Head complete set of documents for Town Board meeting packet. Obtain Town Attorney's approval on any proposed changes to Town bond, insurance, or contract forms prior to the Board of Trustees meeting. 9) Notify vendor. Upon Board of Trustees' award of bid, notify successful bidder and notify other bidders of the results as requested. 10) Finalize documents. Obtain signatures on all contracts and any additional required documents from vendor. One original signed contract with all exhibits must be submitted to the Town Clerk for central filing. Bonding Requirements: Bonds shall be executed on forms prescribed or approved by the Town Manager based on review by the Town Attorney as to form and State of Colorado law. Normally, bonds are used only on labor and materials procurement actions, such as projects for completion of public works or public buildings. Bonds generally are not required for purchases of vehicles, equipment, or standard commercial goods and services, particularly when the goods are not altered or customized to unique Town specifications, but may be required if deemed by the procuring department to be in the interests of the Town. Examples of bonds are: Bid Bonds: This bond is intended to protect the Town against a bidder's failure to honor its bid. The bid bond requirement may be satisfied by receipt of a certified bank check or a bid bond. The bid security is submitted as guarantee that the bid will be maintained in full force and effect for a period of thirty (30) calendar days after the opening of bids or as specified in the solicitation documents. If the bidder fails to provide the bid security with the bid when requirement by the bid documents, the bid shall be deemed non -responsive. The bid bond should be in an amount equal to at least 10% of the vendor's bid price. Performance Bonds: This bond is intended to secure performance of the vendor's performance of its obligations. A performance bond, satisfactory to the Town, may be required for all capital projects contracts awarded in excess of $50,000. Unless the Town is legally required to accept a bond in lesser amount, the performance bond shall be in amount equal to one hundred percent (100%) of the price specified in the contract. Payment Bonds: This bond is intended to secure payment of subcontractors and suppliers. A payment bond for the protection of all persons supplying labor and material to the contractor or its subcontractors may be required for all capital projects contracts awarded in excess of $50,000. Unless the Town is legally required to accept a bond in lesser amount, the payment bond shall be in an amount equal to at least one hundred percent (100%) of the price specified in the contract. Insurance Requirements: Contracts for labor, materials and services entered into by the Town will require the selected contractor to carry the types and minimum amounts of insurance coverage as required by the Town. The contracts shall also contain other provisions regarding insurance as the Town shall require. The following are the types and minimum amounts of insurance that should be required: 0 a. Workers' Compensation in statutory limits (if applicable). b. Employer's Liability Insurance: $100,000/ each accident, $500,000) disease - policy limit, and $100,000/ disease - each employee. c. Comprehensive General Liability Insurance: $1,000,000/Occurrence d. Automobile Liability or Hired & Non -Owned Vehicle Liability Insurance: $1,000,000/each accident (if applicable). e. Professional Liability Insurance: $1,000,000/Occurrence (if applicable). Certain types of insurance may not be applicable to a particular contract. For example, professional liability insurance would not be applicable to a labor and materials contract (such as installation of playground equipment). Whether a particular type of insurance is applicable, or whether amounts of coverage should be changed, shall be determined by the Department Head, in consultation with risk management staff and/or the Town Attorney. Depending on the type of contract or services to be provided, higher insurance coverages may be required. Bid documents should state the Town's anticipated insurance and bond requirements for the contract to be awarded. Bidders should be advised that the successful bidder shall be required to meet the Town's insurance and bonding requirements and provide certificates of insurance with the Town named as additional insured on required liability insurance coverages, and that the contractor shall not commence work until it has obtained all insurance required by the contract documents and such insurance has been approved by Town. Bidders List: A bidder's list may be establish and maintained by individual Departments in an effort to promote competitive bidding from qualified vendors and to establish a source of suppliers. Additional bidder pre -qualification may also be utilized for specific procurements. Evaluation of Bids: In addition to the bid amount, additional factors will be considered as an integral part of the bid evaluation process, including, but not limited to: • The bidder's ability, capacity and skill to perform within the specified time limits; • The bidder's experience, reputation, efficiency, judgment, and integrity; • The quality, availability, and adaptability of the supplies or materials bid; • Bidder's past performance; • Sufficiency of bidder's financial resources to fulfill the contract; • Bidder's ability to provide future maintenance and/or service; • Other applicable factors as the Town determines necessary or appropriate (such as compatibility with existing facilities, equipment or hardware); and + If a bid other than the lowest bid is recommended, the requesting department must demonstrate how the higher bid serves the best interests of the Town. 7 Contracts for Engineering Design and Construction Management Services The following bidding requirements shall apply to engineering design and construction management services for capital improvement projects: Under $30,000: Engineering design and construction management services under $30,000 may be approved by the Department Head and Town Manager as non -bid procurements. No bids are required. • Between $30,000 and 160.000: For engineering design and construction management services between $30,000 and $60,000, informal bidding procedures shall apply, except that all purchases for engineering design and construction management services over $50,000 must be approved by the Board of Trustees. • $60,000 and above: For engineering design and construction management services $60,000 and above, formal bidding procedures shall apply. In addition to the appropriate approvals, all purchases shall be supported by appropriated funds for the specific capital improvement project. State Bids State Bids are quotations or bids solicited by the through the State of Colorado (Bid Information and Distribution System). Use of State Bids is permitted for any equipment or vehicle purchases on items priced from $20,000 to $150,000. Use of State Bids must be in accordance with applicable procedures and only current State Bids may be used. Use of State Bids would override the formal bidding process and procedures listed above, except in situations where use of competitive bidding is required in conjunction or as a condition of receipt of federal or state funding for the project. The determination of whether to use State Bids shall be made by the Department Head. Cooperative Purchasing -- National Joint Powers Alliance C.R.S. § 24-110-201 gives the Town the authority to participate in cooperative procurement endeavors, such as cooperative purchasing. Cooperative purchasing is permitted on items priced up to $150,000 through the use of National Joint Powers Alliance's ("NJPA") national cooperative contract solutions. Use of NJPA would be an alternative to use of the Town formal bidding procedures listed above; however, NJPA may not be used in situations where use of competitive bidding is required in conjunction or as a condition of receipt of federal or state funding. The determination of whether to use NJPA shall be made by the Department Head. Use of other cooperative purchasing units as an alternative to use of Town formal bidding procedures is allowed only if use of such cooperative purchasing unit has been approved in advance in writing by the Town Manager. Colorado law requires that cooperative purchasing groups meet specific requirements if they are to be used by local governments. Town Attorney review shall be obtained as needed to confirm whether the proposed use of a cooperative purchasing unit meets statutory cooperative purchasing requirements. Integrated Project Delivery Contracting Process The Board of Trustees may award an integrated project delivery ("IPD," sometimes referred to as "design -build") contract for a Town capital improvements project, or other public project as defined in C.R.S. § 31-25-1303, upon a determination by the Board of Trustees that IPD represents a timely or cost-effective alternative for the public project. Prior to awarding an IPD contract, the requesting Department Head, in consultation with the Town Manager, shall solicit proposals for the project by issuing a request for proposals or request for qualifications to individuals or firms that have indicated an interest in participating in the proposed project or that have displayed evidence of expertise in the proposed project. Notice of the initial solicitation for an IPD procurement shall be published in a newspaper of general circulation within the Town. The Town may also publish notice of the solicitation in a trade journal or post notice on the Town's website. After reviewing the proposals, the Board of Trustees may accept the proposal that, in its estimation, represents the best value to the Town. In the procurement and administration of an IPD contract, the Town may utilize, without limitation, the provisions and procedures set forth in C.R.S. § 31-25- 1301 et seg. Sole Source Purchases and Local Vendor Preference Sole Source Purchases: It is the policy of the Town of Firestone to recognize and solicit quotes and bids. Sole source purchases may be made if it has been determined that the goods or services can only be obtained from a single supplier capable of meeting all specifications and purchase requirements, or when it is in the Town's best interests. The following procedures shall apply: Sole Source Purchase in the amount of $5,000.00 to $24,999.99 The requesting department shall provide written justification for the sole source purchase and attach to the purchase requisition. The Department Head will review the justification for the sole source purchase. If the sole source justification is accepted by the Department Head, approval will be granted. If the purchase is unwarranted, two (2) more telephone quotations are required. Sole Source Purchase in the amount of 125,000.00 to $49,999.99 The requesting department shall prepare a memorandum to the Department Head justifying the sole source purchase. The Town Manager and Department Head will review the justification for the sole source purchase. If the sole source justification is accepted by the Town Manager and Department Head, approval will be granted. If the sole source purchase is not approved, the department shall obtain additional written bids or quotes in compliance with this Policy. Sole Source Purchase of $50,000.00 or above �] The requesting Department Head and Town Manager shall include within the materials presented to the Board of Trustees a memorandum justifying the sole source purchase. Bidding procedures may be waived by the Board of Trustees when it has been demonstrated that the requested goods or services are a sole source purchase. If the sole source purchase is not approved, the department shall obtain additional bids or quotes in compliance with this Policy. Local Vendor Preference To encourage purchasing from businesses located within the Town of Firestone, it is the policy of the Town to recognize and solicit quotes from local vendors. Whenever such local sources exist and are competitive, purchases may be made from local vendors; however the bidding requirements, procedures and criteria of this Policy shall still apply. Unless a violation of law or prohibited as a condition of a grant, bids for purchases of goods of $5,000 or less may be awarded, as deemed appropriate solely within the discretion of the Town, to local vendors providing their proposal or quote is within 2% of the lowest bid. This provision applies only to purchases of goods of $5,000 or less and does not apply to procurement of services. For purposes of this provision, a "local vendo(is defined as any person or entity who has been a bona fide resident of Firestone who has held a valid Town business license for at least six weeks immediately prior to submitting a bid. Purchases during Emergencies In the event of local disaster or emergency conditions declared by the Town, the Town shall comply with this Purchasing Policy to the extent practicable. Forms required herein for the purpose of authorizing and acquiring goods or services necessary for the immediate preservation of life, health, safety, welfare or property may be ratified after acquisition when a delay in acquiring the goods or services will cause immediate risk to life, health, safety welfare or property, based upon the determination of the Town Manager. Goods and services necessary for the immediate preservation of life, health, safety, welfare or property during a local disaster or emergency conditions shall not require compliance with bidding requirements set forth in this Policy, and may be awarded on a sole -source basis. Receiving Procedures and Check Requests Receiving Procedures: 1) It shall be the responsibility of the receiving department to ensure that goods and services are received as ordered and in good condition. Immediately upon receipt of merchandise, check quantity, quality, and any specifications such as model number, etc. to ensure that the goods have been received as indicated on the packing slip. 2) If the goods are faulty or damaged, notify the vendor and Department Head designee immediately. If damage is concealed or not noticed at time of delivery, upon discovery of damage, leave all boxes and packing lists intact and notify vendor immediately. 10 3) It shall be the responsibility of the receiving department to inform the Department Head of the delivery and acceptance of an order by submitting the receiving documents with the check request for payment. 4) It shall be the responsibility of the receiving department to inform the Department Head and Finance Department when full or partial payments are authorized. 5) All invoices shall be mailed by the vendor directly to the accounts payable department. 6) The receiving department shall be responsible for notifying the vendor of any goods received that are not in compliance with the terms of the order and any damaged goods. Check Requests: Check request forms are used to request payment for materials or services. Check requests will be granted on the following circumstances: • Checks will be cut in accordance with the Finance Department schedule; • Original invoice must be attached; • All requests must be signed by the requestor, Department Head, and Town Manager and, for purchases over $50,000, the Mayor or Mayor Pro-Tem (or in the event of their absence, the Trustee presiding over the meeting at which the request is approved); • All check requests must be properly coded; • Receiving documents must be attached; and • Checks over $50,000.00 will require at least one manual signature of any authorized account signer. Ethics in Town Contracting As provided in C.R.S. § 24-18-201 et seq., elected and appointed Town officials and Town employees shall not have a financial or other interest in any contract made by them as Town employees or officials, or by any Town body or board of which they are members or employees, except in the circumstances described in such statute. Such circumstances generally include contracts awarded via competitive bidding procedures, contracts with respect to which the official or employee has complied with the disclosure and recusal requirements of state law, and other limited situations. Elected and appointed Town officials and Town employees involved in the procurement process shall comply with all ethics laws governing such process. Additional information regarding ethics rules for Town contracting can be provided by the office of the Town Manager. DEFINITIONS: Capital Asset: Tangible or intangible property, including durable goods, equipment, software, buildings, installations, easements, and land valued at $5,000 or more. Capital Improvement Projects (CIP) — Any projects to build, alter, repair or maintain public buildings, streets and alleys, public parks and facilities, municipal utilities, sidewalks, highways, parks or public grounds. 11 Capital Outlay — Expenditures which result in the acquisition of or addition to capital assets ($5,000 or more). Capital Projects — A project that is budgeted in capital accounts. Department Head —Chief of Police, Director of Community Resources, Director of Planning, Director of Finance, Director of Public Works, Town Manager (or Assistant Town Manager as designee), and Town Clerk, as applicable. Emergency conditions - A situation in which any department's operations may be severely hampered or a situation in which the preservation of life, health, safety, welfare or property of employees or the public are endangered. This includes those instances when immediate repair to Town property, equipment, or vehicles is necessary under the aforementioned circumstances. Expenditures — Decreases in net financial resources. Expenditures include current operating expenses which require the current or future use of net current assets, debt service, and capital outlays. Integrated project delivery ("IPD") — A project delivery method in which there is a contractual agreement between the Town and single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project. IPD contract - A contract using an integrated project delivery method. Professional Services — Those services within the scope of the practice of architecture, auditing, engineering, professional land surveying, industrial hygiene, legal counsel, financial advisers, land development planners, building inspection services, information technology services, and banking services. Retainage - A portion or percentage of payments due for work completed on a contract that is held back until the entire job is completed satisfactorily. Services — The furnishing of labor, time, or effort by a contractor not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. The term does not include professional services or integrated project delivery as previously defined. Sole Source Purchase - A procurement of goods or services which can only be obtained from a single supplier capable of meeting all specifications and purchase requirements or when it is in the Town's best interests. Surplus Property - Materials and equipment which are no longer necessary to Town operations, obsolete, and/or excessively expensive to maintain. 12 RESOLUTION NO. 17-34 A RESOLUTION APPROVING AN UPDATED ORGANIZATIONAL CHART FOR TOWN OF FIRESTONE WHEREAS, the Board of Trustees desires to adopt an updated organizational chart to reflect the organization of various departments of the Town. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves and adopts the updated organizational chart attached to this Resolution. INTRODUCED, ADOPTED AND RESOLVED THIS qLk DAY OF Amu(,20 )-ro TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor 0- 011*3 1 0 a �� Va Le an Varsdall, Town Clerk RESOLUTION NO. 17-33 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR KFC AT FIRESTONE CITY CENTRE WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan for KFC at Firestone City Centre; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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 1. The Final Development Plan for KFC at Firestone City Centre is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 9 h day of August, 2017. �-[OWN SEAL 1 Q ATTEST: a r p¢ c��ivTY,.Go., Leah Vanarsdall, Town Clerk Paul Sorensen, Mayor EXHIBIT A Final Development Plan KFC at Firestone City Centre Conditions of Approval General 1. Revise application materials to address comments set forth in the Town Engineer's memorandum dated June 29, 2017, a copy of which'is attached hereto as Exhibit A-1 . 2. Revise Sheet numbers 4-8 to "FDP-#." Sheet 1 3. Correct discrepancy in building size of building noted on Sheet 1 (3,161 sf) and Sheets 2 and 3 (3,168 sf). Sheet 2 4. In the Project Concept section, last line of first paragraph, revise "Subdivisions" (plural) to read "Subdivision" (singular). 5. Provide raw water requirement in the Water Demand Calculation section, as directed by the Town Engineer. 6. In the Architecture section, last sentence, reference Sheets 13-15 (Elevation sheets). 7. In the Setbacks section, first sentence, reference Sheet 3 (Site Plan sheet). 8. Correct alignment of services and providers in the Service Requirements section; revise "Power" to read "Electric." 9. Revise Water Demand Calculations with landscape irrigation requirement. Sheet 5 10. Specify how roof drainage will be handled. 11. Add approximate locations of electrical feeds to and. from Transformer; verify and indicate distances for access by man and vehicle as well as for shut -down by use of pole. Sheet 9 12. Revise location of street trees to a minimum of five feet away from frontage of City Centre Road. Sheet 11 13. Revise the sheet title in the Firestone Information Block to match the sheet title block (Irrigation Plan). F1 Sheet 12 14. Revise the sheet title in the Firestone Information Block to match the sheet title block (Landscape Plan). Sheet 19 15. Add sidewalk, curb and gutter, and any other site features, to Site Detail. Sheet 20 16. Remove all references to the City of Grand Junction. 17. Correct numbering in the Exterior Lighting Notes. 18. Clarify the statement that post -curfew light levels will be reduced by "at least 50%%%." 19. Clarify time parking lot lights will be turned off (close of business is 10:00 pm according to the Site Operations section on Sheet 2). 20. Delete Acceptance Block. 21. Provide detail of the double -headed lamp. Additional Conditions 22. Revise FDP to provide details of retaining wall along Firestone Boulevard, the materials of which must match the existing retaining wall on the Burger King site. 712412017 232 PM [kr &] RArwMow%SubdMsions%FC Fp? TH rmdoc 3 EXHIBIT A-1 P .0- RPM I F "C� Z, COLORADO CIVIL GROUP, INC. fnglnreding Co=1tants TO: Mr. Bruce Nickerson, Town Manager FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer ' � Amber Messersmith, Colorado Civil Group, Inc., Town Engineer Kd% DATE: June 29, 2017 SUBJECT: KFC at Firestone City Centre PROJECT No.: 0668.0426.00 m"U e We have completed our review of the KFC at Firestone City Centre (FCC) Final Development Plan that was received on June 2, 2017 and offer the following engineering comments: Submittal Binder: 1. Title Commitment (10.3.5) — Harman Management Corporation, a Utah Corporation is listed as the owner in fee of the property according to the Title Policy dated November 10, 2016. An updated title commitment dated no later than one month prior to recording will be required. 2. Water Dedication (10.3.10) — The domestic demand is calculated to be 3.14 CBT shares. The irrigation demand is calculated to be 0.74 CBT shares. A total of 4 CBT shares will be deducted from the 100 share Firestone City Centre water pool. 3. Water Service Calculations (10.3.11) — It appears that IPC fixture counts were used. The irrigation demand needs to be included since there is not a separate irrigation tap/meter. The calculations need to be revised and re -submitted. However, it appears that a 1.5-inch water meter is adequate for this FDP. (repeat) The comment response states that irrigation will be done overnight and does not need to be included in the water service sizing calculations. The Town has no way of "policing" overnight watering. The irrigation demand must be included in the calculations. It appears that this added demand will not cause a change in the water service meter size. 4. Final Drainage Report (10.3.15) - The Drainage Conformance Letter titled "Firestone KFC Drainage Letter" prepared by Perception Design Group dated March 2, 2017 was reviewed. The narrative of the report needs to discuss the 100-year WSEL in the existing drainage channel and site where the information came from (include necessary sheets from previous drainage reports). Add a statement 4 about the retaining wall. Add a statement about the storm inlet and the elevation of ponding in the parking lot during the 100-year event. Add a vicinity map. Refer to drainage letter & map redlines. 5. Water Meter Easement — We will send the Applicant the executable water easement agreement for the water meter. We have reviewed the metes and bounds legal description and no problems were found. Final Development Plan: 6. Sheet 2 (10.5.16 Water Dedication) — Fill in the water dedication demands as follows: IRRIGATION DEMAND = 0.74 CBT SHARES DOMESTIC DEMAND = 3.14 CBT SHARES THE CBT DEDICATION FOR THIS FDP SHALL BE MET BY DEDUCTING 4 CBT SHARES FROM THE 100 SHARE POOL ORIGINALLY CREATED BY THE WITH THE FIRESTONE CITY CENTRE OFDP. 7. Sheet 2 (Address) — Add "Firestone, Colorado, 80504" to the address. 8. Sheets 3-5, 9, 11 & 20 (Existing Storm Sewer) — The existing storm sewer system in the access road to the northeast of the building is shown incorrectly. Refer to redlines on Sheet 4 for the correct configuration. This needs to be corrected through the FDP. 9. Sheet 3 (10.6.20 Site Plan, retaining wall) — A retaining wall has been added to the FDP along the north side of the parking lot. A detail must be provided for the retaining wall specifying the wall material, color, etc. A section view of the retaining wall should also be included in the FDP. The Applicant should be prepared to present wall materials and details at the public hearings. 10. Sheet 3 (10.6.20 Site Plan, signs) - The 1-25 directional sign language is cut-off. The MUTCD sign numbers need to be added to the Site Plan. 11. Sheet 4 (10.6.26 Grading Plan, retaining wall) — The finished floor elevation of the building has been raised 2' to accommodate the water elevation in the channel. The retaining wall is 3.26' high and will require a handrail. A handrail detail needs to be added to the FDP specifying the material and color. 12. Sheet 4 (10.6.26 Grading Plan) — During the 100-year event, it appears that water will pond in the parking lot around the storm sewer inlet from the existing drainage channel. The 100-year ponding limits in the parking lot need to be graphically shown on the Grading Plan and the FDR Drainage Plan with the elevation labeled, see redlines. 13. Sheet 8 (Details) — The Type R Inlet detail provided is for a modified Type R Inlet detail which has a grated lid to be used for interim arterial roadway projects. Replace these details with the standard Type R Inlet detail (CDOT details can be used). Misc 14. Sheets 12-13 (10.6.1 Firestone Information Block) — The sheet title needs to be corrected in the Firestone Information Block on these sheets. (repeat) 15. Sheets 12-14 (10.15 Building Elevations) — Show where the building address will be displayed on the building, coordinate with the FFFPD. (repeat) 16. Sheet 20 (10.6.54 Lighting and Photometric Plan) — The acceptable block on this sheet should be removed. 17. See returned redlines for any additional comments. 18. Need to make independent submittals to the St. Wain Sanitation District and the Frederick - Firestone Fire Protection District. These comments are provided to assist in the preparation of the FDP for this project. The Applicant's consultant should return their responses to the comments with their next submittal. Engineering has no objections to the next submittal being Mylar (after the public hearings). Let us know if there is anything else that we can help you with. 2 RESOLUTION NO. 17-32 A RESOLUTION AMENDING RESOLUTION NO. 17-02 ENTITLED "A RESOLUTION ACCEPTING, SUBJECT TO THE SATISFACTION OF CONDITIONS PRECEDENT, A SPECIAL WARRANTY DEED FOR A STRIP OF LAND LOCATED 1N SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. AND GENERALLY IDENTIFIED AS FRONTIER STREET RIGHT-OF-WAY" WHEREAS, the Board of Trustees previously adopted Resolution No. 17-02, which conditioned the Town of Firestone's acceptance of a Special Warranty Deed conveying the Frontier Street Right -of -Way ("Property") on the release of certain encumbrances to the Property; and WHEREAS, the Board of Trustees desires to extend the date by which such encumbrances to the Property must be released. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2 of Resolution No. 17-02 is hereby amended to strike "March 1, 2017," and insert "December 31, 2017," in its place. INTRODUCED, ADOPTED AND RESOLVED THIS q4 DAY OF 2017. TOWN OF FIRESTONE, COLORADO Paul Sorensen, Nrayor EVU-10"I �WUamjJ Leah Vanarsdall, Town Clerk RESOLUTION NO.17-31 A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE BAREFOOT LAKES, FILING NO.2 FINAL PLAT AND FINAL DEVELOPMENT PLAN WHEREAS, on November 9, 2016, the Board of Trustees for the Town of Firestone adopted Resolution 16-32 approving with conditions a Final Plat and Final Development Plan for Barefoot Lakes Filing No. 2; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final plat and final development plan are required to be recorded by August 18, 2017; and WHEREAS, the applicant has submitted to the Town Manager a request to extend the recording deadline in order to allow them to present a modification of a portion of the Final Development Plan to the Firestone Planning Commission and Board of Trustees; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Barefoot Lakes, Filing No. 2 application. 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 hereby extends until October 18, 2017 the recording deadline for the final documents for the Barefoot Lakes, Filing No. 2 application. INTRODUCED,2E1) AND ADOPTED this 9'" day of August, 2017. oWON� No O ........... ' O ATTEST: c�UNTY G Leah Vanarsdall, Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen, ayor RESOLUTION NO.17-30 A RESOLUTION ELECTING A TOWN CLERK PRO TEM WHEREAS, pursuant to C.R.S. 31-4-303 and Section 2.14.030 of the Firestone Municipal Code, the Board of Trustees has the power to elect a clerk pro tern to perform the duties of the Town Clerk during the Clerk's absence or inability to act; and WHEREAS, the Board of Trustees desires to elect that Lisa Bartley serve as Clerk Pro Tem. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L The Board of Trustees hereby elects Lisa Bartley to serve as Town Clerk Pro Tem, to perform the duties of the Town Clerk during the Clerk's absence or inability to act, effective upon the adoption of this resolution. Section 2. Such election and position is not pursuant or subject to the provisions of C.R.S. Sections 31-4-304 or -307, or corresponding provisions of the Firestone Municipal Code. INTRODUCED, ADOPTED AND RESOLVED THIS DAY OF 2017. t4E TOWN OF FIRESTONE, COLORADO �p 10 J ;� Paul Sorensen, Mayor � v ATTEST: COU Leah VanarsdalI, Town Clerk RESOLUTION NO. 17-29 A RESOLUTION AUTHORIZING APPLICATION TO THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR A TIER 2 ENERGY IMPACT ASSISTANCE GRANT FOR THE FIRESTONE POLICE STATION WHEREAS, the Town has scheduled for 2018 and desires to undertake final design and construction of a new Police Department and Municipal Court building; and WHEREAS, additional funds are needed for the project; and WHEREAS, the Board of Trustees by this Resolution desires to authorize and direct that application be made to the state for a Tier 2 Energy Impact Assistance Grant for the project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes and directs Town staff to prepare and submit an application to the Colorado Department of Local Affairs for a Tier 2 Energy Impact Assistance Grant for an amount not to exceed $1,000,000 to be applied to the Firestone Police Station project. Section 2. The Mayor, Town Manager, Police Chief, and Town Engineer, or any one of them, is hereby authorized to execute the grant application and any required supporting documents on behalf of the Town. Town Staff is hereby further authorized and directed to execute and deliver all documents and do all other things necessary on behalf of the Town to provide for the submission and processing of the grant application. Section 3. This Resolution shall be in full force and effect from and after the date of its passage and approval. INTRODUCED, READ, AND ADOPTED this 19th day of July, 2017. '�'O` iTOWN OF FIRESTONE, COLORADO ''Di� OGOPaul Sorensen COuMayor ATTEST: I ffir AM i M1, Town Clerk RESOLUTION NO. 17-28 A RESOLUTION CALLING A SPECIAL ELECTION FOR NOVEMBER 7, 2017 TO BE CONDUCTED AS A COORDINATED ELECTION WHEREAS, a coordinated mail ballot election will occur on November 7, 2017; and WHEREAS, the Board of Trustees finds it in the best interests of the Town of Firestone to call a special election for November 7, 2017 pursuant to state law and to participate in the coordinated election; and WHEREAS, the Board of Trustees desires to refer one or more ballot issues to the registered electors of the Town at such special municipal election pursuant to Article X, Section 20 of the Colorado Constitution and, if determined by the Board, other ballot questions; and WHEREAS, pursuant to C.R.S. Section 31-10-108, the Board of Trustees may call a special election by resolution adopted not less than 60 days prior to the date of the election, and such election may be conducted at the same time as a mail ballot election; NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. Section 31-10-108, a special election for the Town of Firestone is hereby called and set for Tuesday, November 7, 2017 to be held as part of a coordinated election. Section 2. The purpose of the special election will be to submit to the registered electors of the Town one or more TABOR ballot issues pursuant to Article X, Section 20 of the Colorado Constitution and, if determined by the Board, other ballot questions. The Board of Trustees may submit such TABOR ballot issues and questions to appear on the ballot of the special election by the adoption of appropriate resolutions or ordinances as required by law. Section 3. The officers and employees of the Town are hereby authorized and directed to take all necessary and appropriate actions to effectuate the provision of this Resolution in accordance with Colorado law. Section 4. 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 i to 13 of title I, C.R.S., as amended, in lieu of the Colorado Municipal Election Code of 1965, article 10 of title 31, C.R.S., as amended, with respect to the special municipal election to be held on November 7, 2017, and such election shall be conducted as part of the coordinated mail ballot election. 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. INTRODUCED, READ, AND ADOPTED this jq' day of , 2017. 1�.', TOWN OF FIRESTONE, COLORADO L16119AIL 1=' pa C"� O-Lz- Paul Sorensen, Mayor ATTEST: OIL" U e Leah Vanarsdall, Town Clerk RESOLUTION NO. 17- Z A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR GATEWAY NORTH —SELF STORAGE WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan for Gateway North —Self Storage; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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 1. The Final Development Plan for Gateway North —Self Storage is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 28"' day of June, 2017. Paul Sorensen, Mayor ATTEST: Je fifer W inberger, wn Clerk / fi / ROSrNA, J�� wN o � SETS EXHIBIT A Final Development Plan Gateway North —Self Storage Conditions of Approval 1. Revise application materials to address comments set forth in the Town Engineer's memorandum dated May 31, 2017, a copy of which is attached hereto as Exhibit A-1. 2. Revise FDP map sheets as follows: Cover Sheet and General Notes (Page 1 of 13) A. The Project Concept section has been revised to now state there will be "nearly" 499 storage units. The word "nearly" needs to be deleted, and the number of storage units to be constructed needs to be clarified. The Key on Sheet 2 does not match the actual units shown on Sheet 2, and neither of those numbers total 499. B. The Environmental Impact Mitigation section should be revised to read as follows: "There are no oil and or gas wells and or appurtenances located on this site...." The last line of this section should refer to Sheet 2, not Sheet C-1.0. C. The Private Maintenance and Enforcement section still refers to "will be identified and agreements created." This needs to be done now. D. The typo in the title of the Parks, Trails, and Open Spaces section still needs to be corrected. ("Trails," not "Trains.") Also, this section states the park and open space requirement will met, but does not state how. (Cash -in -lieu?) E. In the last line of the first paragraph of the Water Dedication section, revise "the Town's the current water dedication policies" to read "the Town's then current water dedication policies." F. The Architecture section is still blank. (An "update" label has been added since the last revision.) G. Update Firestone Information Block with correct submittal date on all sheets. A lot of sheets are still showing the 3rd submittal date as the last submission. H. Clarify whether there will be any air conditioned units. (The project concept was revised and this was removed.) I. Demonstrate the character will match the adjacent multi -family development. J. Include time of development of utility services; specifically, whether utilities will be installed before or during building construction. 2 K. Revise the Development Schedule section to address with sufficient specificity the timeframe for construction, as required by Section 10.5.20 of the Development Regulations. Specifically, a plan expiration statement needs to be included. L. Provide a specific development schedule for all fencing to be constructed by the developer. Site Plan (Page 2 of 13) M. In the Storage Unit Key and Tem. Ctrl Unit Key on Sheet 2, clarify whether the total number of units to be constructed are the total of the two types of units. Also correct discrepancy between totals in the Keys and those shown in the site plan. N. Provide a trash disposal area for waste within the storage unit facility. 0. Show the planned location for the business mailbox. P. Show exterior lighting and planned advertising devices. Q. Provide the location of all street lights. Grading Plan (Pane 3 of 13) R. Clearly label the existing contours. S. Minimum finish first floor elevations, are required for any planned or existing structures. Provide the FFE of storage unit sections to understand where the FFE changes. Add a note that final finish elevations shall not exceed minimum finish floor elevations by more than 2 feet. Utility Plan (Page 4 of 13 T. Show proposed and existing storm drain pipe. U. Clarify whether the storage facility will have 24 hour access. The photometric plan has storage unit entrances that are very dark (0.0-0.2 foot candle). if 24-hour access will be permitted, update photometric plan to provide a minimum of 0.3 foot candle at all storage facility entrances. Photometric Plan (Page 5 of 13) V. The typical light pole detail needs to be updated as now the plans are showing only 1 light pole instead of 2. Specify the height of all light poles. Clearly state the bronze color within the detail (ex. 21' steel tapered pole. Pole to be bronze in color.). 3 Storage Detail (Page 6 of 13) W. Clarify height of roll gate (detail calls out various gate heights). X. Deleted. Landscape Details (Page 8 of 13 Y. Update Title Block and Firestone Information Block with correct page number. Irrigation Legend & Notes (Page 9 of 13) Z. Update Sheet Number. Irrigation Plan (Page 10 of 13) AA. Provide scale and north arrow. BB. Provide temporary irrigation at the detention ponds for the water quality seed. Irrigation Plan (Page 11 of 13) CC. Provide scale and north arrow. Architectural Elevations (Page 13 of 13 DD. Provide building elevations for the Storage Facility Office. Include the style and color of wall finish, doors, storage unit number signs, roof, bollards, and other design features of the structures. If signs are to be on a building(s), show this on the building elevation. Provide a note that storage unit building elevation type, style, color of wall finish, roofing stairs, architectural appendages and other design features is typical to all storage unit sizes. EE. On Sheet 13, use larger font to label the building height so the number is visible on an 11" x 17" size print of the FDP. (Note, Section 2.10.13 requires 19-inch font for all text unless otherwise noted.) Miscellaneous FF. On Sheets 7 through 12, add the sheet title to the Firestone Information Block. GG. Signage Concept — Provide a general description of the concept for the signage used. If no monument signs are being proposed, provide a general description of the signage on the buildings, etc. HH. Signage Plan — Provide specific information relative to the signs to be used, indicating shape, size, material, color, location and text of all permitted signs. lI. Signage Details — Provide signage details as a specific scale. 4 JJ. An updated title commitment reflecting the legal description in the FDP will need to be provided prior to recording. K.K. Add a statement that there will be no onsite living quarters. LL. Clarify on the FDP that the number of storage units within each building may vary from what is shown on the site plan. MM. Utilize colors complementary to the multi -family project across the street for building exterior. NN. Provide vinyl fencing around the perimeter, with eight columns in the locations shown in Exhibit A-2 attached hereto. 612MO17 2:19 PM [kmk] R:1Foat4)ne%Subdivisionslrjwmay Nonh Sdf S[omgc rDPTB nx doe J EXHIBIT A-1 FAR Mil, am COLORADO CIVIL GROUP, INC. EVneatng Camimnu TO: Mr. Bruce Nickerson, Town of Firestone, Town Planner Memo FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer ' t Amber Messersmith, Colorado Civil Group, Inc., Town Enginee K"I DATE: May 31, 2017 SUBJECT: Gateway North — Self Storage PROJECT No.: 0668.0047.05 We have completed our review of the Gateway North — Self Storage Final Development Plan 411 submittal received on April 4, 2017. We offer the following comments: General: 1. The Camino Central Filing No. 2 Final Plat (DCC F2 FP) will need to be recorded prior to this site - specific FDP. 2. The public improvements for this FDP are included in the Gateway North Final Utility Plans (FUP) and the DCC F2 Subdivision Agreement. Submittal Binder: 3. Title Commitment (10.3.5) — The Title Commitment lists the owners in fee as Sand Land, Inc. a Colorado corporation and Sand Land Properties, LLC aka Sand Land Properties LLC with an effective date of March 10, 2017. The Title Commitment legal description should only be for Lot 2, Del Camino Central Subdivision. An updated Title Commitment (with the correct legal description) is required prior to recording, dated no later than one month prior to the application date. 4. Water Dedication (10.3.10) — Domestic demand for the Storage office is based on the Town's average yearly usage per building square foot for commercial office; which is 38 gallons per year per building square foot. Therefore, the domestic demand based on the 900-square foot office is calculated to be 0.18 CBT shares. The irrigation demand is calculated to be 2.30 CBT shared (based on 0.92 acres 2.5 CBT shares/acre). The Total CBT shares is calculated to be 2.48 shares; which must be rounded up to 3 shares. 0 5. Water Service Calculations (10.3.11) — The AWWA water service sizing calculations were previously approved with the Gateway North Final Utility Plans submittal. The plans need to be updated to match the calculations (i.e. a separate irrigation tap/meter), Final Drainage Report (FDR) 14.3.15 : 6. The Drainage Report titled "Draft Drainage Report Gateway North — Storage Facility" prepared by Ridgetop Engineering and Consulting dated March 29, 2017 was reviewed. 7. Page 7 & Appendix & Map — Make sure the required pond capacities given on Page 7 match the Detention spreadsheets. 8. Page 8/Appendix — The profiles of the pond outlets pipes need to be included in the Appendix as the report states. Refer to the Del Camino Central Filing No. 2 1 Gateway North comments dated May 25, 2017 regarding the reverse grade HGL's in these pipes. 9. Appendix — Make sure the detention basin outlet structure design detail sheet is readable at 11"x17" or include a full-size sheet in map pocket. 10. Refer to the FDR for any additional redlines. Gateway North — Self Storage Final Development Plan FDP Map: 11. Sheets 1-13 (10.5.1 Firestone Information Block) — A revision date was not added for this re - submittal on Sheets 1-6 and 13. A revision date needs to be added to the block for each submittal to the Town. The Sheet Title needs to be added to the Block for Sheets 7-12. 12. Sheet 1 (10.5 FDP Text) — Several of the FDP text sections need to be updated per the Town Attorney's comments (email dated May 2, 2017), all of which we agree with. 13. Sheets 1 &2 (10.5.7 Project Concept, Site Plan) — The word "nearly" needs to be deleted. The actual number to units "499" does not match the Site Plan. 14. Sheet 1 (10.5.8 Land Use Table) — Make sure the Table matches the landscape and irrigation plans. The native seed areas show drip irrigation, but the table lists the native seed area as temporary irrigation. Clarify what areas will be temporarily irrigated. The irrigation water dedication is based on the total area of irrigated landscaping including drip areas (excluding temporary irrigation areas). 15. Sheet 1 (10.5.11 Private Maintenance and Enforcement) — This section needs to be revised. Any maintenance agreements for the private open space must be done now with this FDP. Provide any agreements to the Town. 16. Sheet 1 (10.5.12 Parks, Trails, and Open Space) — Correct the typo of "TRAINS" to read "TRAILS". Replace the language in this section with the following: "The Public land dedication requirement will be met by cash -in -lieu payment to the Town due prior to recording the FDP. The cash -in -lieu amount is calculated to be $12,484.00 (based on $25,000.00/acre * 6.242 acres * 8%). 7 Misc: 17. Sheet 1 (10.5.14 Drainage) — Update the Final Drainage Report date in the last sentence to read "March 29, 2017". This date must be updated for every update to the FDR until it is approved. 18. Sheet 1 (Water Dedication) -- The last sentence of the first paragraph should be changed to read "...BASED ON THE TOWN'S THEN CURRENT WATER DEDICATION POLICIES." The irrigation demand should be changed to read 2.30 CBT SHARES based on the irrigated area. 19. Sheet 1 (10.5.18 & 10.5.20 Architecture & Development Schedule) — Refer to the Town staff comments. 20. Sheet 2 (10.6.9 Site Plan) — Label Arbor St. and WCR 24.5. Make the number of storage units consistent between the Site Plan, the Unit Key and the text on Sheet 1. Clarify which units are temperature controlled. 21. Sheet 3 (Grading Plan) — The storm pipes being installed with the construction of Arbor St. need to be faded back. The Detention Pond information for both ponds must be labeled and shown on the Grading Plan (as in previous submittals). 22. Sheets 4, 7 & 11 (10.6.52 Utility Plan, Landscape Plan, 10.6.40 Irrigation Plan, Water & Irrigation Service) — The FDP shows a single water tap/meter-, however, the Gateway North FUP's and your response to comments all show/state that a 518" domestic tap/meter/service and a SEPARATE 1" irrigation tap/meter/service will be installed. This FDP needs to be made consistent (repeat). Label Arbor St. and WCR 24.5. 23. Sheet 5 (10.6.54 Photometric Plan) — The plan has been changed to show a single overhead light near the Storage Office. Add the mounting height and light pole color to match the adjacent Multi - Family FDP (the most recent submittal of the Multi -Family shows mounting height of 20' and bronze pole color. 24. Sheets 7-11 (10.6.32 & 10.6.40 Landscape & Irrigation Plan) — The Land Use Table lists temporary irrigation for the native seed area. The temporary system needs to be shown on these plans. The temporary system needs to be an above grade system. The last sentence of Note 14 on Sheet 9, needs to be revised to read "System is not intended or operate beyond establishment and shall be physically disconnected no later than October 1, 2019. Contact Public Works at 303-833-3544 to witness the disconnection." 25. Sheet 13 (10.6.50 Architectural Elevations) — The building height text needs to be made bigger and should be readable when printed as 11 "x17". 26. See scanned FDP redlines for any additional comments. 27. Need to make independent submittals to the Frederick- Firestone Fire Protection District, the St. Vrain Sanitation District, and Weld County Public Works. The Applicant should return their responses to the comments with their next submittal. EXHIBIT A-2 (Condition of Approval 1.NN; Fence Column Locations) RESOLUTION NO. 17- �-b A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR 1NLINE SHOPS AT FIRESTONE CITY CENTRE NO.2 WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan for Inline Shops at Firestone City Centre No. 2; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 Commnission 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, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds 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 1. The Final Development Plan for Inline Shops at Firestone City Centre No. 2 is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 28'' day of June, 2017. Paul Sorensen, Mayor ATTEST: FIRES TO Je fer We berger, To lerk AC MAA g� S r°14 W, a\ Oj Ear I{ OOG `•• ...`..�. ri EXHIBIT A Final Development Plan Inline Shops at Firestone City Centre No. 2 Conditions of Approval 1. Revise application materials to address comments set forth in the Town Engineer's memorandum dated June 14, 2017, a copy of which is attached hereto as Exhibit A-1. 2. Revise FDP map sheets as follows: Cover Sheet (Sheet 1 of 17) A. Increase font size on Sheet 1. Narrative Sheet (Sheet 2 of 17) B. Update the Development Schedule and remove "first" from the sentence as there is only one building being constructed. Provide further information, as outlined in the Firestone Development Regulations, such as proposed phases of construction, approximate date when the construction of each stage will begin, and a plan expiration statement. Site Plan (Sheet 4 of 17) C. Specify the location of the mailboxes for this development. D. A note has been added reading "Proposed 20' Access Esmt" for the southern entrance into the site. This shared access. easement will be created by separate instrument; revise the note to read "20' Access Easement by Separate Instrument Rec. No. ." (Recording information to be inserted in the blank before the FDP mylar is recorded.) Site Details (Sheet S of 17) E. Bike rack shown on plans needs to include detail elevation and structural surface attachment. Landscape Plan (Sheet 11 of 17) F. Include a statement of intent for the landscape plan regarding the general intent of the plan including such subjects as screening, shade, privacy, phasing and solar access. G. Revise Sheet 11 to address planning redlines. 2 Landscape Details (Sheet 12 of 17) H. Remove all references to specifications and "Project Manual" from Planting notes. Any pertinent information that these may reference must be shown on these plans. Irrigation Plan (Sheet 13 of 17) I. Revise Sheet 13 to address planning redlines. Photometric Plan (Sheet 17 of 17) J. Provide light pole details (i.e. overall height, color, etc.). K. Add Note: Pole lights and building lights shall be down cast fixtures. Lights shall not impact adjacent' properties. (Typ. all lights) Light poles shall match the existing improved lots in the subdivision. Misc. L. The sheet title is missing from the title block of Sheets 11 through 14. M. There are many notes throughout the FDP referring to work to be done by, or obligations of, a "Contractor." Revise all of these notes to eliminate reference to "Contractor." The FDP is a zoning document, and the Owner/Developer is responsible for constructing all improvements shown on the FDP, regardless of whether the Owner/Developer chooses to utilize contractors to complete the work. N. On the building elevations, clarify the color differentiation and materials of accent stripe. 6=017142 PM ]kmk] R:1Fur9ow%Subdi WonsVnline Shops No. 2 POP TO c doc 3 EXHI BIT A-] WA41ho, "07t COLORADO CIVIL GROUP, INC. EMInerdng CotwItonts TO: Mr. Bruce Nickerson, Town Manager Memo FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer " t . Amber Messersmith, Colorado Civil Group, Inc., Town Engineer KAr DATE: June 14, 2017 SUBJECT: Inline Shops @ FCC No. 2 FDP PROJECT No.: 0668.0263.05 We have completed our review of the Inline Shops at Firestone City Centre (FCC) No. 2 Final Development Plan, 2"d submittal that was received on May 15, 2017 and offer the following engineering comments: General: 1. The proposed 20' access easement will need to be recorded prior to the FDP and the reception will need to be filled in on Sheet 4. Submittal Binder: 2. Title Commitment (10.3.5) — THE Firestone Development, L.L.C., a Missouri limited liability company is listed as the owner in fee of the property according to the Title Commitment with an effective date of March 8, 2017. An updated title commitment dated no later than one month prior to recording will be required. 3. Water Dedication (10.3.10) — The revised water dedication calculations have been reviewed and approved. The irrigation demand is calculated to be 0.70 CBT shares based on 12,082 SF of irrigating landscaping at 2.5 CBT shares/acre. The domestic demand is calculated to be 2.17 CBT shares (based on the average annual water usage for multi -tenant commercial buildings in Firestone).- A total of 3 CBT shares will be required for this application. The 3 shares will be deducted from the 100 share pool original created by THE with the Firestone City Centre Development. 4. Water Service Calculations (10.3.11) — The revised AWWA water service sizing calculations were reviewed and approved. It appears that a 1.5-inch meter will be adequate. 4 5. Final Drainage Report (10.3.15) - The Drainage Conformance Letter for "Firestone City Centre, Lot 2" prepared by Redland dated May 9, 2017 was reviewed. The Drainage Letter must be stamped and signed by the engineer. We have no further comments. Please include submit 2 stamped, bound hardcopies of the report as well as a PDF file with the Mylars. 6. Development Agreement — A Development Agreement will not be required for this application. 7. Utility Easement — The metes and bounds legal description for the utility easement (for the water meter) was checked and no problems were found. We will send the applicant an executable PDF of the utility easement. 8. Access Easement — The metes and bounds legal description for the access easement for the Town to access their monument sign on Tract 8 was checked and no problems were found,* We will send the applicant an executable PDF of the access easement. 9. Vacation of existing Access Easement — The metes and bounds legal description for the existing access easement which is being vacated is not needed. The Town has drafted an Ordinance for the vacation of this easement. The Firestone City Centre Subdivision Filing No. 2 Plat is being referenced for the easement location. Final Development Plan: 10. Sheet 1 (10.5.6 Legal Description) — The first two sentences should be deleted. The legal description should appear as follows: ALL OF LOT 2, FIRESTONE CITY CENTRE SUBDIVISION FILING NO. 3, AS PER THE PLAT RECORDED OCTOBER 1, 2010 AT RECEPTION NO. 3722597, COUNTY OF WELD, STATE OF COLORADO. CONTAINING 1.702 ACRES MORE OR LESS. 11. Sheet 2 (10.5.8 Land Use Table) — The total of the individual areas needs to match the lot total area of 74,119 SF. 12. Sheet 2 (10.5.14 Drainage) — The drainage letter date needs to be updated. 13. Sheet 2 (10.5.16 Water Dedication) — We have confirmed that 3 CBT shares will be required for this application. The last sentence of this section needs to be revised from "...DEDUCTING 2 SHARES FROM THE 100 SHARE POOL..." to read "...DEDUCTING 3 SHARES FROM THE 100 SHARE POOL...". 14. Sheet 4 (10.6.10 Site Plan, Adjacent Properties) — Modify per the redlines. 15. Sheet 4 (10.6.10 Site Plan, Structures & Improvements) — Call out the retaining wall. 16. Sheet 4 (10.6.12 Site Plan, Easements) — The proposed access easement for the Town to access Tract B will be dedicated by separate instrument. Change the note to read "Proposed 20' Access 5 Misc: Easement by separate instrument Rec. No. The reception number will filled in before the FDP is recorded. 17. Sheet 5 (Site Details) — The handicap ramp details should be updated with the Town's newer details. (repeat) 18. Sheet 10 (Water Details) — The water details need to be replaced with the Town's updated details. (repeat) 19. Sheet 13 (10.6.40 Irrigation Plan) — Note #9 needs to clarify that the irrigation point of connection to the domestic water service is inside the building and downstream of the backflow preventer. 20. See returned redlines for any additional comments 21. Need to make independent .submittals to the St. Vrain Sanitation District and the Frederick - Firestone Fire Protection District. These comments are provided to assist in the preparation of the FDP for this project. The Applicant's consultant should return their responses to the comments and any original redlines with their next submittal. Engineering has no objection to the next submittal being Mylar. Let us know if there is anything else that we can help you with. Z RESOLUTION NO. 17- 2- A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE FRONTIER ESTATES FINAL PLAT FILING NO. I WHEREAS, on February 22, 2017, the Board of Trustees for the Town of Firestone adopted Resolution 17-1 1 approving with conditions a Final Plat for the property; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final plat were required to be recorded by June 22, 2017; and WHEREAS, the applicant has submitted to the Town Manager a request to extend the recording deadline 90 days in order to allow them to complete refinancing of the property; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Frontier Estates Final Plat Filing No. 1 application. 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 hereby extends until September 20, 2017 the recording deadline for the final documents for the Frontier Estates Final Plat Filing No. I application. INTRODUCED, READ AND ADOPTED this 28'h day of June 2017. ATTEST: In im To n Clerk .!kn. �tp— W4.t.nhe. '"V- TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor SEA10 1Q �VNTY,G.6� 2 RESOLUTION NO. r A RESOLUTION APPROVING A PURCHASE CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN THE TOWN OF FIRESTONE AND MYRNALOY M. GOULD, MERRI N. LAWLEY, THE MERRI N. LAWLEY LIVING TRUST AND THE MYRNALOY GOULD TRUST WHEREAS, the Town of Firestone desires to purchase approximately 42 acres of land owned by Mymaloy M. Gould, Merri N. Lawley, the Merri N. Lawley Living Trust and the Myrnaloy Gould Trust (the "Seller"), which land is located in the County of Weld, Colorado, and situated in the Southwest '/4 of Section 31, Township 3 North, Range 67 West of the 6`h P.M. (the "Parcel"); and WHEREAS, the Town of Firestone also desires to purchase from Seller one (1) share of capital stock of the Rural Ditch Company represented by Stock Certificate No. 314; all water rights, easements and ditch rights associated with the Rural Ditch Company share; three permitted wells; and certain easements, water taps and other water rights, all as further defined in a proposed Purchase Contract with Seller (the "Water Rights", hereinafter referred to collectively with the Parcel as the "Property"); and WHEREAS, the Seller has stated its desire to sell the Property to the Town upon the terms and conditions set forth in a mutually -agreeable Purchase Contract, a copy of which contract is attached hereto; and WHEREAS, as provided in said Purchase Contract, Firestone shall pay Seller a total purchase price of $1,500,000.for the Property; and WHEREAS, the Board of Trustees by this Resolution desires to approve the Purchase Contract and authorize its execution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Purchase Contract to Buy and Sell Real Estate between the Town of Firestone and Mymaloy M. Gould, Merri N. Lawley, the Merri N. Lawley Living Trust and the Myrnaloy Gould Trust, for the Town's purchase of the above -described Property is hereby approved in essentially the same form as the copy of such Purchase Contract accompanying this Resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Purchase Contract on behalf of the Town, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to the Purchase Contract as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Purchase Contract are not altered. Section 3. The Mayor, Town Manager and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Purchase Contract, and are further authorized to execute and deliver any and all documents necessary to effect the purchase of the Property under the terms and conditions of said Purchase Contract, including but not limited to execution and delivery of closing documents required by the Purchase Contract or the title company in connection with closing. Section 4. Purchase of the Property is subject to and conditioned upon satisfaction of all contingencies and conditions in the Purchase Contract for the Property. PASSED AND ADOPTED THIS DAY OF �UV)t , 2017. ATTEST: ' "t?ZtESTpH TOWS � SEA, o 4 Q Acting Town Clerk TOWN OF FIRESTONE, COLORADO 2 RESOLUTION NO. 17-93 A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE DEL CAMINO CENTRAL, FILING NO.2 FINAL PLAT AND SUBDIVISION AGREEMENT WHEREAS, on November 9, 2016, the Board of Trustees for the Town of Firestone adopted Resolution 16-33 approving with conditions a Final Plat for the property; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, on February 22, 2017, the Board of Trustees for the Town of Firestone adopted Resolution 17-09 extending the recording period for the final plat and subdivision agreement; and WHEREAS, on April 12, 2017, the Board of Trustees for the Town of Firestone adopted Resolution 17-18 further extending the recording period for the final plat and subdivision agreement; and WHEREAS, currently, final documents relating to the above -referenced final plat are required to be recorded by May 15, 2017; and WHEREAS, the applicant has submitted to the Town Manager a request to further extend the recording deadline in order to allow them to complete negotiations and designs with Weld County and two irrigation ditch companies for offsite storm drainage conveyance; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Del Camino Central, Filing No. 2 application. 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 hereby extends until July 12, 2017 the recording deadline 'for the final documents for the Del Camino Central, Filing No. 2 application. INTRODUCED, READ AND ADOPTED this 10'h day of May, 2017. ATTEST: k{cdl Lisa Bartley, Acting TOwn Clerk TOWN OF FIRESTONE, COLORADO T� �k - - 'Nb�>Smde1w �RESTpN� TOWN SEA t L c NTY,+G 0 RESOLUTION NO. 17-22 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR GATEWAY NORTH —MULTI -FAMILY WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan for Gateway North —Multi -Family; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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 X. The Final Development Plan for Gateway North —Multi -Family is hereby approved, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 26°i day of April, 2017. Paul Sorensen, Mayor ATTEST: �C+TA� -IDWA TOWfV 10 BEALA ! Q /may, G EXHIBIT A Final Development Plan Gateway North —Multi -Family Conditions of Approval In the third line of the Project Concept section on Sheet 1, revise "building" to read "buildings." 2. Revise the Private Maintenance and Enforcement section on Sheet 1 to reflect no private maintenance agreements are anticipated, as the site will be under unified ownership and maintenance. 3. Revise the Water Dedication section on Sheet I to reflect dedication amount as confirmed by the Town Engineer, in whole numbers of CB-T shares. 4. In the Parking Data section on Sheet 1, provide total of parking internal landscaping. 5. On Sheet 5, add a note that final elevations shall not exceed minimum FFE by more than 2 feet. 6. Add sheet title names to the Firestone Information Block on Sheets 10-24. 7. On Sheet 12, include details for ornamental grasses, including the maximum height. 8. On Sheet 13, include information on the condition of the plant material to be used. 9. On Sheet 13, provide a note on landscape phasing and include a description of the procedure, method, timing and general water demand impact. 10. Add a north arrow and scale on irrigation plan sheets (Sheets 16-18). 11. Revise application materials to address comments set forth in the Town Engineer's memorandum dated March 27, 2017, a copy of which is attached hereto as Exhibit A-1. 12. Confirm the adequacy of the water line to the pool/clubhouse to the satisfaction of the Town Engineer. 412MO17 11:56 AA1 DmiUl R:Tffeston )-S iviri=AGwcway Nona p1tdfi-Family FDP TB rcs(ina )ADc 2 EXHIBIT A-1 Paw- . "C214t, COLORADO CIVIL GROUP, INC. EnglmMn9 Consultants TO: Mr. Bruce Nickerson, The Town of Firestone, Town Manager Memo FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer QD Amber Messersmith, Colorado Civil Group, Inc., Town Engineer 0V DATE: March 27, 2017 SUBJECT: Gateway North -Multi Family PROJECT No.: 0668.0047.04 We have completed our review of the Gateway North - Multi -Family Final Development Plan 4th submittal received on February 27, 2017. We offer the following comments: General- 1. The Del Camino Central Filing No. 2 Final Plat will need to be recorded prior to this site specific FDP. 2. The public improvements for this FDP are included in the Gateway North Final Utility Plans (FUP) and the DCC F2 Subdivision Agreement. Submittal Binder: 3. Title Commitment (10.3.5) - The Title Commitment lists the owners in fee as Sand Land, Inc. a Colorado corporation and Sand Land Properties, LLC aka Sand Land Properties LLC with an effective date of December 16, 2015. An updated Title Commitment is required, dated no later than one month, prior to recording. 4. Water Dedication (10.3.10) — This submittal included the requested 12 months of actual water bills for the clubhouse/pool. The re -submittal did not include any actual water bills for a similar sized Maintenance bldg. or the irrigation usage for the drip system. DOMESTIC DEMAND - Apartments - The domestic demand for the apartments will be 0.37 CBT shares per unit (0.37 CBT snares * 405 units) = 149.85 CBT snares. Clubhouse/Pool — Based upon the 12 months of actual water bills from a similar clubhouse/pool facilities the domestic demand is calculated to be to 0.49 CBT shares. 3 Maintenance Bldg. - We need the annual usage or actual water bills for the maintenance building. (repeat) If this information is not received with the next submittal, we use a domestic demand of 0.5 CBT shares. We will calculate the total domestic demand with the next submittal. IRRIGATION DEMAND - The Turf Irrigation demand is calculated to be 2.74 CBT shares (based on 47,797 SF at 2.5.CBT shares/acre). For the Drip Irrigation, the Town will consider a reduced demand based on the estimated annual drip usage. (The Applicant's irrigation consultant will need to provide us with an estimated annual usage for the drip system with all assumptions clearly stated). (repeat) If this information is not provided, then the irrigation demand will be calculated to be 9.27 CBT shares (based 161,613 SF at 2.5 C8T shares/acre). TOTAL CBT SHARES — We will calculate the Total CBT water shares with the next submittal. 5. AWWA Water Service Calculations (10.3.11) — AWWA water service sizing calculations were reviewed. The MF-24-plex building calculations were previously approved and a 1.5" tap/meter is acceptable. The MF-21-plex building calculations are still missing the page 2 fixtures counts. Since the 21-plex should have less fixture counts than the 24-plex and the same tap/meter size is proposed, a 1.5" tap/meter is acceptable. The MF Maintenance building calculations are approved and a 5/8" tap/meter is acceptable. The MF Clubhouse/pool calculations (fixtures counts) were not included with this submittal. Refer to our previous comments/redlines. Final Drainage Report (FDR) 00.3.15): 6. The Drainage Report is titled "Drainage Report Gateway North -Multi -Family" prepared by RidgeTop Engineering and Consulting dated February 23, 2017 was reviewed. 7. (Outlet Pipe) - A plan & profile of the 30" outlet pipe must be included in the FUP's as it will be built with Phase 1.0 and Arbor St. 8. (Arbor St Culverts, public improvements) — The last two paragraphs of Section 6 on Page 8 regarding the culverts in Arbor St need to be removed from this FDR and put in the Drainage Conveyance Report for the Gateway North Final Utility Plans (FDR-FUP). These culverts will be built with Phase 1.0, not with the MF phase. In addition, the Drainage Map for this FDR, the hydrology calculations (rational) and the 18" culvert ROW pipe flow for design points 5-14 need to be removed from this FDR and added to the FUP-FDR (this are public improvements). 9. Detention Calculations — The southern detention pond appears to be deeper than the northern pond was with the last submittal. Do the detention calculations need to be updated (Total available Detention Depth of 4.55' instead of 4')? 10. Drainage Map — The storm sewer pipes need to be labeled on the MF site. C? 11. Refer to the FDR for additional redlines. Gateway North Multi -Family Final Development Plan (FDP) Map: 12. Sheets 10-24 (10.5.1 Firestone Information Block) — The total sheet # of "25" needs to be updated on these sheets. Sheets 21-24 need the sheet # of # filled in. 13. Sheet 1 (10.5 FDP Text) — We have redlined several of the text sections that have typos and with the Town Attorney's comments. 14. Sheet 1 (10.5 Private Maintenance and Enforcement) — This section needs to be revised. Any maintenance agreements for the private open space must be done now with this FDP. Provide any agreements to the Town. 15. Sheet 1 (10.5 Parks, Trails, and Open Space) — Replace the last sentence of this section with the following: "The Public land -dedication requirement will be met by cash -in -lieu payment to the Town due prior to recording the FDP. The cash -in -lieu amount is calculated to be $40,426.00 (based on $25,000.001acre * 20.213 acres * 8%). 1.6. Sheet 1 (Note) — Change the title of the note at the bottom of the page from "REQUIREMENT FOR CENTIFICATES OF OCCUPANCY" to read "REQUIRMENTS FOR BUILDING PERMITS AND CERFICATES OF OCCUPANCY". Change the order of the notes, the building permit note should be #1. 17. Sheet 1 (10.5.14 Drainage) — In the first sentence change "The grading will be designed..." to read "The grading is designed...". Update the FDR date to read "February 23, 2017". (update this date as necessary until the FDR is approved. 18. Sheet 1 (10.5.16 Water Dedication) — Change the text "bases" to read "based" in the first and last sentences. We will calculate the water dedication if the requested information from Comment #4 is submitted. 19. Sheet 1 (Water Meter Table) — Edit the water meter table as follows: WATER METER TABLE QUANTITY SIZE TYPE 18 1.5" Multi -Family 11 3/44 ;Commerciale CluRduse/e0'ol 1 518" Commercial Maintenance Bldg.) 1 1.5" Irrigation We cannot confirm the clubhouse meter size until the calculations are revised and resubmitted per our last review. 20. Sheet 1 (10.5.20 Development Schedule) — The dates need to be updated. 5 Misc: 21. Sheet 5 (10.6.26 Overall Grading Plan) — A storm plan and profile of the 30" outlet pipe must be added to the FUP's. This pipe will be constructed when Arbor St. is built. 22. Sheet 6 (10.6.52 Overall Utility Plan) — Refer to the Del Camino Central Filing No. 2 FP/Gateway North FUP comments memo and redlines. The water main near the MF building H needs to be moved out of the sidewalk and located in the asphalt. We cannot confirm the clubhouse/pool meter size until the calculations are revised and resubmitted per our last review comments. 23. Sheets 6 & 11 (Maintenance Meter) — The meter note needs to be moved on Sheet 6. The maintenance meter needs to be moved to the correction location on Sheet 11. 24. Sheet 8 (10.6.54 Photometric Plan) — The finish and height of the light poles needs to be called out. Confirm that this lights are consistent with the proposed adjacent Self -Storage lights. 25. Sheet 15 (10.6.40 Irrigation) — Add public works phone number of "303-833-3544" to Note #14, as redlined. 26. Sheet 25 (10.6.50 Building Elevation Plans) — The building elevations for the Maintenance Building and the Pool Building should be labeled as such. 27. See scanned FDP redlines for any additional comments. 28. Need to make independent submittals to the Frederick- Firestone Fire Protection District, the St. Vrain Sanitation District and Weld County Public Works. The Applicant should return their responses to the comments and any original redlined drawings with their next submittal. 0 �- EXHIBIT A-1 [to, "Oakl4tr COLORADO CIVIL GROUP, INC. Eh91needn9Coa 1=1s (TO: Mr. Bruce Nickerson, The Town of Firestone, Town Manager FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer ' � Amber Messersmith, Colorado Civil Group, Inc., Town Engineer xd%' DATE: March 27, 2017 SUBJECT: Gateway North -Multi Family PROJECT No.: 0668.0047.04 We have completed our review of the Gateway North - Multi -Family Final Development Plan 4th submittal received on February 27, 2017. We offer the following comments: . [lanaral- 1. The Del Camino Central Filing No. 2 Final Plat will need to be recorded prior to this site specific FDP. 2. The public improvements for this FDP are included in the Gateway North Final Utility Plans (FUP) and the DCC F2 Subdivision Agreement. Submittal Binder: 3. Title Commitment (10.3.5) - The Title Commitment lists the owners in fee as Sand Land, Inc. a Colorado corporation and Sand Land Properties, LLC aka Sand Land Properties LLC with an effective date of December 16, 2015. An updated Title Commitment is required, dated no later than one month, prior to recording. 4. Water Dedication (10.3.10) — This submittal included the requested 12 months of actual water bills for the clubhouse/pool. The re -submittal did not include any actual water bills for a similar sized Maintenance bldg. or the irrigation usage for the drip system. DOMESTIC DEMAND - Apartments - The domestic demand for the apartments will be 0.37 CBT shares per unit (0.37 CBT shares * 405 units) = 149.85 CBT shares. Clubhouse/Pool — Based upon the 12 months of actual water bills from a similar clubhouse/pool facilities the domestic demand is calculated to be to 0.49 CBT shares. 3 Maintenance Bldg. - We need the annual usage or actual water bills for the maintenance building. (repeat) If this information is not received with the next submittal, we use a domestic demand of 0.5 CBT shares. We will calculate the total domestic demand with the next submittal. IRRIGATION DEMAND - The Turf Irrigation demand is calculated to be 2.74 CBT shares (based on 47,797 SF at 2.5 CBT shares/acre). For the Drip Irrigation, the Town will consider a reduced demand based on the estimated annual drip usage. (The Applicant's irrigation consultant will need to provide us with an estimated annual usage for the drip system with all assumptions clearly stated). (repeat) If this information is not provided, then the irrigation demand will be calculated to be 9.27 CBT shares (based 161,613 SF at 2.5 CBT shares/acre). TOTAL_ CBT SHARES — We will calculate the Total CBT water shares with the next submittal. 5. AWWA Water Service Calculations (10.3.11) -- AWWA water service sizing calculations were reviewed. The MF-24-plex building calculations were previously approved and a 1.5" tap/meter is acceptable. The MF-21-plex building calculations are still missing the page 2 fixtures counts. Since the 21-plex should have less fixture counts than the 24-plex and the same tap/meter size is proposed, a 1.5" tap/meter is acceptable. The MF Maintenance building calculations are approved and a 518" tap/meter is acceptable. The MF Clubhouse/pool calculations (fixtures counts) were not included with this submittal. Refer to our previous comments/redlines. Final Drainage Report (FDR) (10.3.15): 6. The Drainage Report is titled "Drainage Report Gateway North -Multi -Family" prepared by RidgeTop Engineering and Consulting dated February 23, 2017 was reviewed. 7. (Outlet Pipe) - A plan & profile of the 30" outlet pipe must be included in the FUP's as it will be built with Phase 1.0 and Arbor St. 8. (Arbor St Culverts, public improvements) — The last two paragraphs of Section 6 on Page 8 regarding the culverts in Arbor St need to be removed from this FDR and put in the Drainage Conveyance Report for the Gateway North Final Utility Plans (FDR-FUP). These culverts will be built with Phase 1.0, not with the MF phase. In addition, the Drainage Map for this FDR, the hydrology calculations (rational) and the 18" culvert ROW pipe flow for design points 5-14 need to be removed from this FDR and added to the FUP-FDR (this are public improvements). 9. Detention Calculations — The southern detention pond appears to be deeper than the northern pond was with the last submittal. Do the detention calculations need to be updated (Total available Detention Depth of 4.55' instead of 4')? 10. Drainage Map — The storm sewer pipes,need to be labeled on the MF site. 4 11. Refer to the FDR for additional redlines. Gateway North Multi -Family Final Development Plan _(_F_D ) Map: 12. Sheets 10-24 (10.5.1 Firestone Information Block) — The total sheet # of "25" needs to be updated on these sheets. Sheets 21-24 need the sheet # of # filled in. 13. Sheet 1 (10.5 FDP Text) — We have redlined several of the text sections that have typos and with the Town Attorney's comments. 14. Sheet 1 (10.5 Private Maintenance and Enforcement) — This section needs to be revised. Any maintenance agreements for the private open space must be done now with this FDP. Provide any agreements to the Town. 15. Sheet 1 (10.5 Parks, Trails, and Open Space) — Replace the last sentence of this section with the following: "The Public land dedication requirement will be met by cash -in -lieu payment to the Town due prior to recording the FDP. The cash -in -lieu amount is calculated to be $40,426.00 (based on $25,000,00/acre * 20.213 acres * 8%). 16. Sheet 1 (Note) — Change the title of the note at the bottom of the page from "REQUIREMENT FOR CENTIFICATES OF OCCUPANCY" to read "REQUIRMENTS FOR BUILDING PERMITS AND CERFICATES OF OCCUPANCY". Change the order of the notes, the building permit note should be #1. 17. Sheet 1 (10.5.14 Drainage) — In the first sentence change "The grading will be designed..." to read "The grading is designed...". Update the FDR date to read "February 23, 2017". (update this date as necessary until the FDR is approved. 18. Sheet 1 (10.5.16 Water Dedication) — Change the text "bases" to read "based" in the first and last sentences. We will calculate the water dedication if the requested information from Comment #4 is submitted. 19. Sheet 1 (Water Meter Table) — Edit the water meter table as follows: WATER METER TABLE QUANTITY SIZE TYPE 18 1.51, Multi -Family h ;3/4'i ;Commercial Clubhouse/Poo- I) 1 518" Commercial Maintenance Bldg.) 1 1.51) 1 Irrigation We cannot confirm the clubhouse meter size until the calculations are revised and resubmitted per our last review. 20. Sheet 1 (10.5.20 Development Schedule) —The dates need to be updated. 5 M isc: 21. Sheet 5 (10.6.26 Overall Grading Plan) — A storm plan and profile of the 30" outlet pipe must be added to the FUP's. This pipe will be constructed when Arbor St. is built. 22. Sheet 6 (10.6.52 Overall Utility Plan) — Refer to the Del Camino Central Filing No. 2 FP/Gateway North FUP comments memo and redlines. The water main near the MF building H needs to be moved out of the sidewalk and located in the asphalt. We cannot confirm the clubhouse/pool meter size until the calculations are revised and resubmitted per our last review comments. 23. Sheets 6 & 11 (Maintenance Meter) — The meter note needs to be moved on Sheet 6. The maintenance meter needs to be moved to the correction location on Sheet 11. 24. Sheet 8 (10.6.54 Photometric Plan) — The finish and height of the light poles needs to be called out. Confirm that this lights are consistent with the proposed adjacent Self -Storage lights. 25. Sheet 15 (10.6.40 Irrigation) — Add public works phone number of "303-833-3544" to Note #14, as redlined. 26. Sheet 25 (10.6.50 Building Elevation Plans) — The building elevations for the Maintenance Building and the Pool Building should be labeled as such. 27. See scanned FDP redlines for any additional comments. 28. Need to make independent submittals to the Frederick- Firestone Fire Protection District, the St. Vrain Sanitation District and Weld County Public Works. The Applicant should return their responses to the comments and any original redlined drawings with their next submittal. 2 EXHIBIT A Final Development Plan Gateway North —Multi -Family Conditions of Approval 1. In the third line of the Project Concept section on Sheet 1, revise "building" to read "buildings." 2. Revise the Private Maintenance and Enforcement section on Sheet I to reflect no private maintenance agreements are anticipated, as the site will be under unified ownership and maintenance. 3. Revise the Water Dedication section on Sheet 1 to reflect dedication amount as confirmed by the Town Engineer, in whole numbers of CB-T shares. 4. In the Parking Data section on Sheet 1, provide total of parking internal landscaping. 5. On Sheet 5, add a note that final elevations shall not exceed minimum FFE by more than 2 feet. 6. Add sheet title names to the Firestone Information Block on Sheets 10-24. 7. On Sheet 12, include details for ornamental grasses, including the maximum height. 8. On Sheet 13, include information on the condition of the plant material to be used. 9. On Sheet 13, provide a note on landscape phasing and include a description of the procedure, method, timing and general water demand impact. 10. Add a north arrow and scale on irrigation plan sheets (Sheets 16-18). 11. Revise application materials to address comments set forth in the Town Engineer's memorandum dated March 27, 2017, a copy of which is attached hereto as Exhibit A-1. 12. Confirm the adequacy of the water line to the pool/clubhouse to the satisfaction of the Town Engineer. 412MG17 11:56 Ahl [krnkj R:1Fu=ow%Subdivisions\Gmuewsy North MullrFemAy FDP TB ra (fmal),doc FA EXHIBIT A-1 P Am-, t "ri C !, an.. ",.A j COLORADO CIVIL GROUP, INC. Engineetng CmuWrantr TO: Mr. Bruce Nickerson, The Town of Firestone, Town Manager Memo FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer QD Amber Messersmith, Colorado Civil Group, Inc., Town Engineer Kdy DATE: March 27, 2017 SUBJECT: Gateway North -Multi Family PROJECT No.: 0668.0047.04 We have completed our review of the Gateway North - Multi -Family Final Development Plan 4th submittal received on February 27, 2017. We offer the following comments: General: 1. The Del Camino Central Filing No. 2 Final Plat will need to be recorded prior to this site specific FDP. 2. The public improvements for this FDP are included in the Gateway North Final Utility Plans (FUP) and the DCC F2 Subdivision Agreement. Submittal Binder: 3. Title Commitment (10.3.5) - The Title Commitment lists the owners in fee as Sand Land, Inc. a Colorado corporation and Sand Land Properties, LLC aka Sand Land Properties LLC with an effective date of December 16, 2015. An updated Title Commitment is required, dated no later than one month, prior to recording. 4. Water Dedication (10.3.10) — This submittal included the requested 12 months of actual water bills for the clubhouse/pool. The re -submittal did not include any actual water bills for a similar sized Maintenance bldg. or the irrigation usage for the drip system. DOMESTIC DEMAND - Apartments - The domestic demand for the apartments will be 0.37 CBT shares per unit (0.37 CBT shares * 405 units) = 149.85 CBT shares. Clubhouse/Pool — Based upon the 12 months of actual water bills from a similar clubhouse/pool facilities the domestic demand is calculated to be to 0.49 CBT shares. 3 Maintenance Bldg. - We need the annual usage or actual water bills for the maintenance building. (repeat) If this information is not received with the next submittal, we use a domestic demand of 0.5 CBT shares. We will calculate the total domestic demand with the next submittal. IRRIGATION DEMAND - The Turf Irrigation demand is calculated to be 2.74 CBT shares (based on 47,797 SF at 2.5 CBT shares/acre). For the Drip Irrigation, the Town will consider a reduced demand based on the estimated annual drip usage. (The Applicant's irrigation consultant will need to provide us with an estimated annual usage for the drip system with all assumptions clearly stated). (repeat) If this information is not provided, then the irrigation demand will be calculated to be 9.27 CBT shares (based 161,613 SF at 2.5 CBT shares/acre). TOTAL CBT SHARES — We will calculate the Total CBT water shares with the next submittal. 5. AWWA Water Service Calculations (10.3.11) — AWWA water service sizing calculations were reviewed. The MF-24-plex building calculations were previously approved and a 1.5" tap/meter is acceptable. The MF-21-plex building calculations are still missing the page 2 fixtures counts. Since the 21-plex should have less fixture counts than the 24-plex and the same tap/meter size is proposed, a 1.5" tap/meter is acceptable. The MF Maintenance building calculations are approved and a 518" tap/meter is acceptable. The MF Clubhouse/pool calculations (fixtures counts) were not included with this submittal. Refer to our previous comments/redlines. Final Drainage Report (FDR) (10.3.15): 6. The Drainage Report is titled "Drainage Report Gateway North -Multi -Family" prepared by RidgeTop Engineering and Consulting dated February 23, 2017 was reviewed. 7. (Outlet Pipe) - A plan & profile of the 30" outlet pipe must be included in the FUP's as it will be built with Phase 1.0 and Arbor St. 8. (Arbor St Culverts, public improvements) — The last two paragraphs of Section 6 on Page 8 regarding the culverts in Arbor St need to be removed from this FDR and put in the Drainage Conveyance Report for the Gateway North Final Utility Plans (FDR-FUP). These culverts will be built with Phase 1.0, not with the MF phase. In addition, the Drainage Map for this FDR, the hydrology calculations (rational) and the 18" culvert ROW pipe flow for design points 5-14 need to be removed from this FDR and added to the FUP-FDR (this are public improvements). 9. Detention Calculations — The southern detention pond appears to be deeper than the northern pond was with the last submittal. Do the detention calculations need to be updated (Total available Detention Depth of 4.55' instead of 4')? 10. Drainage Map — The storm sewer pipes need to be labeled on the MF site. 4 11. Refer to the FDR for additional redlines. Gateway North Multi-FamilV Final Development Plan FDP Map: 12. Sheets 10-24 (10.5.1 Firestone Information Block) — The total sheet # of "25" needs to be updated on these sheets. Sheets 21-24 need the sheet # of # filled in. 13. Sheet 1 (10.5 FDP Text) — We have redlined several of the text sections that have typos and with the Town Attorney's comments. 14. Sheet 1 (10.5 Private Maintenance and Enforcement) - This section needs to be revised. Any maintenance agreements for the private open space must be done now with this FDP. Provide any agreements to the Town. 15. Sheet 1 (10.5 Parks, Trails, and Open Space) — Replace the last sentence of this section with the following: "The Public land dedication requirement will be met by cash -in -lieu payment to the Town due prior to recording the FDP. The cash -in -lieu amount is calculated to be $40,426.00 (based on $25,000.00/acre * 20.213 acres * 8%). 16. Sheet 1 (Note) — Change the title of the note at the bottom of the page from "REQUIREMENT FOR CENTIFICATES OF OCCUPANCY" to read "REQUIRMENTS FOR BUILDING PERMITS AND CERFICATES OF OCCUPANCY". Change the order of the notes, the building permit note should be #1. 17. Sheet 1 (10.5.14 Drainage) — In the first sentence change "The grading will be designed..." to read "The grading is designed...". Update the FDR date to read "February 23, 2017". (update this date as necessary until the FDR is approved. 18. Sheet 1 (10.5.16 Water Dedication) — Change the text "bases" to read "based" in the first and last sentences. We will calculate the water dedication if the requested information from Comment #4 is submitted. 19. Sheet 1 (Water Meter Table) — Edit the water meter table as follows: WATER METER TABLE QUANTITY SIZE TYPE 18 1.5" Multi -Family �11 3/4'1 Commercial Clubhouse/Pool 1 5/8" Commercial Maintenance Bldg.) 1 1.51, Irrigation We cannot confirm the clubhouse meter size until the calculations are revised and resubmitted per our last review. 20. Sheet 1 (10.5.20 Development Schedule) — The dates need to be updated. 5 Misc: 21. Sheet 5 (10.6.26 Overall Grading Plan) — A storm plan and profile of the 30" outlet pipe must be added to the FUP's. This pipe will be constructed when Arbor St. is built. 22. Sheet 6 (10.6.52 Overall Utility Plan) — Refer to the Del Camino Central Filing No. 2 FP/Gateway North FUP comments memo and redlines. The water main near the MF building H needs to be moved out of the sidewalk and located in the asphalt. We cannot confirm the clubhouse/pool meter size until the calculations are revised and resubmitted per our last review comments. 23. Sheets 6 & 11 (Maintenance Meter) — The meter note needs to be moved on Sheet 6. The maintenance meter needs to be moved to the correction location on Sheet 11. 24. Sheet 8 (10.6.54 Photometric Plan) — The finish and height of the light poles needs to be called out. Confirm that this lights are consistent with the proposed adjacent Self -Storage lights. 25. Sheet 15 (10.6.40 Irrigation) — Add public works phone number of "303-833-3544" to Note #14, as redlined. 26. Sheet 25 (10.6.50 Building Elevation Plans) — The building elevations for the Maintenance Building and the Pool Building should be labeled as such. 27. See scanned FDP redlines for any additional comments. 28. Need to make independent submittals to the Frederick- Firestone Fire Protection District, the St. Vrain Sanitation District and Weld County Public Works. The Applicant should return their responses to the comments and any original redlined drawings with their next submittal. 0 RESOLUTION NO. A RESOLUTION AUTHORIZING CHANGES TO THE AUTHORIZED SIGNERS FOR THE TOWN'S BANKING AND FINANCIAL ACCOUNTS WHEREAS, Sections 2.16.010 and 3.04.080 of the Firestone Municipal Code require that checks, drafts or warrants drawn on Town accounts shall be signed by two of the following persons: the Mayor, Mayor Pro Tern, Town Clerk or Town Treasurer; and WHEREAS, the Town has various accounts and safe deposit boxes with banks, depositories and financial institutions; and WHEREAS, the Board of Trustees desires to add and/or clarify that the Mayor and Mayor Pro Tern are authorized signers to such accounts and safe deposit boxes; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes the addition of Mayor Paul Sorensen and Mayor Pro Tem Bobbi Sindelar as authorized signers to the Town of Firestone accounts and safe deposit boxes located at the banks, depositories and financial institutions used by the Town. Section 2. The Mayor and Town staff are hereby authorized to execute and deliver any and all documents necessary to effect the changes described herein. INTRODUCED, ADOPTED AND RESOLVED THIS+h DAY OF P21 L- , 2017. TOWN OF FIRESTONE, COLORADO TOWN SSEAL. f o'� o97 AI�[�f * /1 0"'-' ry... 00 Caiissa Medina, Town Clerk Sorensen, Mayor RESOLUTION NO. 1� A RESOLUTION AUTHORIZING CHANGES TO THE AUTHORIZED SIGNERS FOR THE TOWN'S BANKING AND FINANCIAL ACCOUNTS WHEREAS, the Town has various accounts and safe deposit boxes with banks, depositories and financial institutions; and WHEREAS, the Board of Trustees desires to remove authorized signers to such accounts and safe deposit boxes; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes the removal of Jody McClurkin as an authorized signer to the Town of Firestone accounts and safe deposit boxes located at the banks, depositories and financial institutions used by the Town, effective April 14, 2017 at 5:00 p.m. Section 2. The Mayor and Town staff are hereby authorized to execute and deliver any and all documents necessary to effect the change changes described herein. t INTRODUCED, ADOPTED AND RESOLVED THIS U D DAY OF , 2017. TOWN OF FIRESTONE, COLORADO Ft�?�ST TpwN��.� Paul Sorensen, Mayor ss= Ato� Carissa Medina, Town Clerk TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE THIRD AMENDMENT TO SERVICE PLAN FOR THE GREENS METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 17-_� RESOLUTION OF APPROVAL WHEREAS, by Resolution No. 02-41, adopted September 26, 2002, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado (the "Town"), approved the Service Plan for The Greens Metropolitan District (f/k/a Firestone Trails Metropolitan District); and WHEREAS, by Resolution No. 15-41, adopted August 12, 2015, the Town approved the Second Amendment to the Service Plan for The Greens Metropolitan District (the "District"); and WHEREAS, pursuant to the Special District Act, there has been filed with the Town a proposed Third Amendment to Service Plan for the District; and WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the Town, following due notice, held a public hearing on the proposed Third Amendment to Service Plan, which hearing was held on April 12, 2017; and WHEREAS, the Board of Trustees has considered the Third Amendment to 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 Third Amendment to Service Plan for the District should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1- 204.5(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 The Greens Metropolitan District (the "District") that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed Third Amendment to Service Plan for The Greens Metropolitan District have been fulfilled; that notice of the hearing was given in the time and manner required by the Town; and that the modifications proposed by the Third Amendment to Service Plan do not constitute material modifications of the Service Plan. Section 2. That, based on representations by and on behalf of the District, the Board of Trustees of the Town has jurisdiction over the subject matter of the proposed Third Amendment to Service Plan pursuant to Title 32, Article 1, part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1-207, C.R.S., 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, as amended by the Third Amendment to Service Plan, the representations by and on behalf of the District and other evidence presented at the public hearing, that: (a) There is sufficient existing and projected need for organized service in the areas to be serviced by the District; (b) The existing service in the areas to be served by the District is inadequate for present and projected needs; (c) The District is capable of providing economical and sufficient service to the area within its boundaries; (d) The area in the District districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The approval of the Third Amendment to Service Plan is in the best interests of the District. Section 4. That the Third Amendment to Service Plan for The Greens Metropolitan District, as set forth in Exhibit A to this Resolution and dated March 20, 2017, is hereby approved subject to the District paying all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with the modification of the Service Plan approved herein in accordance with § 32-1-204.5(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 District. RESOLVED, ADOPTED AND APPROVED this Oday of , 2017. ��FtESTON T OF FIR TONE, COLORADO (SEAL) (''TOWN SEAL O Paul Sorensen Mayor C A \ T:Q 1 Q O 7 A, �. GNry, "GO ssa Medina, Town Clerk THIRD AMENDMENT TO THE GREENS METROPOLITAN DISTRICT IN THE TOWN OF FIRESTONE, COLORADO Resubmitted March 20, 2017 THE GREENS METROPOLITAN DISTRICT THIRD AMENDMENT TO SERVICE PLAN 1. INTRODUCTION This Third Amendment to the Service Plan (the "Third Amendment") for The Greens Metropolitan District (the "District") amends and supersedes, only to the extent provided herein, the original Firestone Trails Metropolitan District Service Plan approved by Resolution 02-41 adopted by the Board of Trustees on September 26, 2002 (the "Service Plan") as amended by the First Amendment thereto approved by the Board of Trustees of the Town of Firestone, Colorado (the "Town") April 10, 2013 and confirmed by the Town by the First Amendment to the Service Plan (the "First Amendment") to confirm the name change of the District to The Greens Metropolitan District, as amended by the Second Amendment to the Service Plan (the "Second Amendment") approved by the Board of Trustees of the Town by Resolution 15-41 on August 12, 2015 to exclude the Hamilton Property from the boundaries of the District and limit the District's boundaries and update exhibits to reflect only the District Property after the exclusion of the Hamilton Property. The Town has jurisdiction to adopt a resolution of approval to approve this Third Amendment by virtue of Section 32-1-204.5 C.R.S., et seq. The purpose of the Third Amendment is to clarify and revise certain language in the Service Plan which sets forth: (1) limits on call protection, (2) that all bonds are issued for cash, and (3) the requirement of the use of a Trustee for the issuance of all bonds, including Developer Bonds. The modifications of the Service Plan are necessary to update the Service Plan to ensure that the issuance of debt by the District is in the most effective and efficient manner, and to reduce the costs of issuance and eliminate restrictive language which may have an unintended negative effect on the issuance of Debt by the District and incurrence of unnecessary costs and expenses. This Third Amendment shall amend and restate the following portions of Article V: A. Portions of Section (d) entitled "Other Financial Restrictions, Limitations and Requirements'; and B. Portions of Section (f) entitled "Investor Suitability". This Third Amendment is submitted pursuant to §§ 32-1-201, el seq., C.R.S., as amended (the "Special District Control Act"), and the requirements of the Town as set forth in the Service Plan. The District is a quasi -municipal corporation and political subdivision of the State of Colorado. The Town approved the Service Plan for the District on September 26, 2002 (the "Service Plan") and the Weld County District Court ordered the organization of the District on November 21, 2002 pursuant to the requirements of the Special District Control Act. This Third Amendment shall not change the primary terms, conditions and exhibits of the original Service Plan as it is currently amended, except for only the following select sections, references and exhibits. 11. ARTICLE V "OTHER FINANCIAL RESTRICTIONS, LIMITATIONS AND REQUIREMENTS" The first paragraph of Article V, Section (d) of the Service Plan, entitled "Other Financial Restrictions, Limitations and Requirements", is revised to eliminate the requirement that all bonds be sold for cash. Such first paragraph of Article V, Section (d) shall be replaced in its entirety with the following: "d. Other Financial Restrictions. Limitations and Requirements. 7 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 four Million, Four Hundred Thousand Dollars ($4,400,000) as stated in Article V.b., above. The authorized maximum voted interest 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 amounts, will be determined 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 Five Hundred (500) basis points above the thirty (30) year `AAA' Municipal Market Data rate in effect at the time the bonds are sold. The interest rate shall be a simple interest rate without compounding for unpaid principal or interest." III. ARTICLE V "OTHER FINANCIAL RESTRICTIONS, LIMITATIONS AND REQUIREMENTS" The fifth paragraph of Article V, Section (d) of the original Service Plan, entitled "Other Financial Restrictions, Limitations and Requirements", is revised to eliminate the requirement that all bonds require the structuring and use of bank trustee. Such fifth paragraph of Article V, Section (d) shall be replaced in its entirety with the following: "All publicly placed 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 3 remedies on behalf of the bondholder. Privately placed bonds of the District may alternatively be structured utilizing a commercial bank as a paying agent to hold and administer bond .proceeds and debt service funds." IV. ARTICLE V "INVESTOR SUITABILITY" Subsection (1) of Article V, Section (f) of the Service Plan, entitled "Investor Suitability", is revised to clarify that call protection on bonds shall not exceed five (5) year call protection. Such subsection (1) of Article V, Section (f) shall be replaced in its entirety with the following: "f. Investor Suitability. 1. Developer Bonds shall be issued only to MSP Corporation, a Colorado corporation, its affiliates, subsidiaries, heirs, successors or assigns (collectively, the "Developer"). The actual amount of the bonds issued will be subject to assessed valuations and market conditions as they exist at the time of issuance of each series of bonds and will be issued only in compliance with the above -stated debt limit and all other applicable requirements and restrictions as provided in the Service Plan. Call protection on all bonds issued shall not exceed a period of five (5) years from the date of initial issuance; and" V. EFFECT OF THIRD AMENDMENT Except as specifically modified herein, the original Service Plan of the District as approved by the Board of Trustees on September 26, 2002, as amended by the First Amendment thereto approved by the Board of Trustees on April 10, 2013, and as amended by the Second Amendment thereto approved by the Board of Trustees on August 12, 2015 remains in effect. VI. RESOLUTION OF APPROVAL 4 The District and proponents of the District agree to and shall incorporate the Board of Trustees' Resolution of Approval, including any conditions of such approval, into this Third Amendment to the Service Plan presented to the Weld County District Court. Such resolution shall be attached as Exhibit A. V11. CONCLUSION This Third Amendment demonstrates that: a. There is sufficient existing and projected need for organized service in the area to be serviced by the District; b. The existing service in the area to be served by the District is inadequate without the District for present and projected needs; C. The District is capable of providing economical and sufficient service to the area within its proposed boundaries: d. The area to be included in the District has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; e. The facility and service standards of the District are compatible with the facility and service standards of Weld County and Town of Firestone, which are interested parties hereunder. § 32-1-204(1), C.R.S.; f. The Third Amendment will be in the best interests of the area to be served. VIII. CERTIFICATION It is hereby respectfully requested that the Board of Trustees of the Town of Firestone, Colorado, which has jurisdiction to approve this Third Amendment by virtue of Section 32-1- 204.5 and Section 32-1-207(2) C.R.S., el seq., as amended, adopt a resolution of approval which approves this Third Amendment to the Service Plan for The Greens Metropolitan District as 5 submitted. 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 GREENS METROPOLITAN DISTRICT Marcus Palkowitsh, President 6 EXHIBIT A Form of Resolution of Town of Firestone Approving the Third Amendment Memorandum To: Mr. Samuel J. Light, Esq. Light Kelly, P.C. Mr. Bruce Nickerson Ms. Carissa Medina Town of Firestone From: David S. O'Leary, Esq. Re: Proposed Third Amendment to Service Plan for The Greens Metropolitan District Date: March 20, 2017 The Greens Metropolitan District (the "District") has requested that the Town of Firestone (the "Town") consider the attached proposed Third Amendment to the Service Plan (the "Service Plan") for the District to help facilitate a bond issuance by the District. Based upon initial preparation for the issuance of bonds and review of the Service Plan there are three (3) issues to be addressed in facilitating the completion of the bond issuance through changes in the Service Plan: 1. No Call Protection -- The current language regarding call protection is confusing and conflicting. The proposal conforms this provision into a 5 Year Call Protection. The current language restricts the marketability of the bonds and creates the need to prepare a new bond issuance if the Developer sells the bonds in the future. Placing a five (5) year call on the bonds is more in tune with industry standards and is still more restrictive than typical non -rated District bond issuances which typically have a ten (10) year call. 2. Bonds must be issued for cash — The current language in the Service Plan provides that all bonds must be issued for cash. This creates a logistical problem with Developer issued bonds, reimbursements and exchanges for bank financing, and creates a phantom income tax situation. The unintended consequence of issuing for cash is that the bonds would have to be issued immediately or too soon if the bonds cannot be used as a reimbursement or exchange for another financial instrument. This in turn raises costs of bond issuance and more interest would accrue to the detriment of the District. These are District funds which do not need to be incurred or expended unnecessarily. Developer Bonds are typically not issued for cash; rather there is an exchange of a Bond for the reimbursement obligations to the Developer or other entity which holds the reimbursement obligation of the District and no cash is exchanged. This avoids the creation of a phantom income tax situation. ON 1082316.1 Re uirement of using a Trustee — The language in the current Service Plan requires any financing to be facilitated through a trustee with trust provisions. This creates additional costs for the District when it is not needed for a Developer issued bond (which will result in an additional $1,500 - $3,000 upon issuance and additional costs of $2,00045,000 per year which are paid for by the District as an additional administrative cost using taxpayer funds). Many bond financing transactions use bank departments and refer to the agent as a paying agent. This change will reduce District administrative costs and provide for quicker repayment of the bonds, which is beneficial to all homeowners within the District. We respectfully request being placed on the next available agenda for consideration by the Town. Thank you for your time and consideration of this application for a Third Amendment to the Service Plan for The Greens Metropolitan District to clean up the language and facilitate a bond issuance by the District. 2 DN t682316.1 RESOLUTION NO. 17-1_t5 A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE DEL CAMINO CENTRAL, FILING NO. 2 FINAL PLAT AND SUBDIVISION AGREEMENT WHEREAS, on November 9, 2016, the Board of Trustees for the Town of Firestone adopted Resolution 16-33 approving with conditions a Final Plat for the property; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, on February 22, 2017, the Board of Trustees for the Town of Firestone adopted Resolution 17-09 extending the recording period for the final plat and subdivision agreement; and WHEREAS, currently, final documents relating to the above -referenced final plat are required to be recorded by April 14, 2017; and WHEREAS, the applicant has submitted to the Town Manager a request to extend the recording deadline in order to allow them to complete negotiations and designs with Weld County for offsite storm drainage conveyance; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Del Camino Central, Filing No. 2 application. 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 hereby extends until May 15, 2017 the recording deadline for the final documents for the Del Camino Central, Filing No. 2 application. INTRODUCED, READ AND ADOPTED this 12`h day of April, 2017. TOWN OF FIRESTONE, COLORADO �NpEow�N"'` :o Coco .: Goy UNN , C"a ssa Medina, Town Clerk C I Sorensen, Mayor P) RESOLUTION NO. 17-t-4r A RESOLUTION APPROVING SPECIAL USE PERMITS FOR KERR-MCGEE OIL & GAS ONSHORE LP TO LOCATE TEN OIL AND GAS WELLS WITHIN THE TOWN OF FI RESTONE WHEREAS, Kerr-McGee Oil & Gas Onshore LP (hereinafter "Kerr-McGee" or "Applicant") has submitted to the Planning and Zoning Commission of the Town of Firestone an application for ten special use permits to locate within the Town oil and gas wells referred to as the proposed Babcock 32N-33HZ, Babcock 33C-33HZ, Babcock 12N-33HZ, Babcock 13E-33HZ, Babcock 19N-33HZ, Babcock 35C-33HZ, Babcock 22N-33HZ, Babcock ]IN-33HZ, Babcock 14C-33HZ and Babcock 23N-33HZ Wells; 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 adopted its Resolution No. PC-17-08 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 permit 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 finds that the proposed special use permits for the oil and gas wells should be approved subject to certain conditions. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit requests of Kerr-McGee Oil & Gas Onshore LP, an Anadarko Company, for the location of the Babcock 32N- 33HZ, Babcock 33C-33HZ, Babcock 12N-33HZ, Babcock 13E-33HZ, Babcock 19N-33HZ, Babcock 35C-33HZ, Babcock 22N-33HZ, Babcock 1 IN-33HZ, Babcock 14C-33HZ and Babcock 23N-33HZ Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. 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. 2. 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. 3. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 4. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 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, specifically an Overweight Permit from the Town is required for moving the drilling rig. 6. 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. 7. Applicant at its sole expense shall control fugitive dust at the well site and on private access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and Colorado Oil and Gas Conservation Commission ("COGCC") regulations. 8. The oil/gas well facilities shall utilize setbacks as specified in COGCC Rules. 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 using the Town's standard fence and screening detail. 9. Machinery at the site shall maintained to mitigate noise. 10. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 11. The use of pump jacks shall be limited to those running on electric motors. 0. 12. Oil and gas operations at the well site shall comply with COGCC Rule 802, noise abatement regulations. Operations are subject to the maximum permissible noise levels for Residential/Agricultural/Rural Zones, as measured at a point twenty-five (25) feet from an occupied structure, toward the noise source. Short-term increases shall be allowable as described in COGCC Rule 802.c. Stimulation or re -stimulation operations are governed by COGCC Rule 802. All rig engines are to be muffled with the exhaust directed away from adjacent residences in the vicinity, and the door to the engine kept closed to the extent reasonably possible. 13. Confirm the parcel number for the property as noted in the Town Engineer's memorandum dated February 9, 2017 and update the cover page of the Special Use Permit Application to reflect the correct parcel number. INTRODUCED, READ, AND ADOPTED this 22nd day of March, 2017. N7r\'`rT4"NN COUIVT`� , G pl C`arissa`Med ina Town Clerk 3117/2017121t PM ]link] R Vins=c%5ubdivisb*?Xcn McGee B*wck WeRs C 17)TR mAoc TOWN OF FIRESTONE, COLORADO Paul Sorenson Mayor EXHIBIT A: Location of Wells Kerr McGee Babcock Wells LOT 2 OF THE HOMESTEAD AT FIRESTONE MINOR PLAT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, RECEPTION NO. 3289490, RECORDED ON 05/26/2005 AT THE OFFICE OF THE WELD COUNTY CLERK & RECORDER 4 RESOLUTION NO. 17-_J�2 A RESOLUTION APPROVING AN OUTLINE DEVELOPMENT PLAN AMENDMENT NO. FOR BROOKS FARM AND A CONDITIONAL USE PERMIT FOR CARBON VALLEY RESOURCE —BROOKS FARM AREA WHEREAS, there has been submitted to the Board of Trustees a request for approval of an amendment to the outline development plan for Brooks Farm and a conditional use permit for Carbon Valley Resource —Brooks Farm Area; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 outline development plan amendment and conditional 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: Section 1. The Outline Development Plan Amendment No. 1 for Brooks Farm and the Conditional Use Permit for Carbon Valley Resource —Brooks Farm Area are hereby approved, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 22"d day of March, 2017. owpCD oti.� ao� Carissa Medina, Town Clerk 3A7120171:55PT1[kmk]R,.Wuc.;wcLSubdi.isior&Caibm VallcyRem=ODPAnxndCUP 7gms,dacx '�)A! �&I_A - Paul Sorensen, Mayor EXHIBIT A Outline Development Plan Amendment and Conditional Use Permit Carbon Valley Resource Conditions of Approval Provide a title commitment dated no later than one month prior to the date on which mylars are submitted to the Town for recording. 2. Revise the Regional Impacts section of the ODP text to reflect the testimony provided at the public hearing regarding impacts of the proposed mining operations. 3. In the Park Development and Private Maintenance & Enforcement sections of the ODP, clarify the references to Area G commitments. 4. Revise the first sentence of the Project Concept section to clarify this ODP amendment will authorize mining activities as set forth in the Conditional Use Permit for Carbon Valley Resource —Brooks Farm Area. 5. Correct extraneous punctuation in the ODP text. 6. Throughout the ODP text, revise "discussed on the original ODP" to read "shown on the original ODP." 7. In the first sentence of the Land Use and Zoning section on the ODP, revise "The Brooks Farm" to read "Brooks Farm." 8. In the third line of the Land Use and Zoning section of the ODP, revise "seeks to revise" to read "revises." 9. Correct typographical errors in lot sizes in the Land Use Table. PA RESOLUTION NO. 17- i5 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AMENDMENT FOR LOT 13, BLOCK 4, MOUNTAIN SHADOWS FILING NO. I WHEREAS, Section 15.40.050 of the Firestone Municipal Code ("FMC") defines a "reverse corner lot" as a corner lot having its side street line substantially a continuation of the front lot line of the first lot to its rear; and WHEREAS, FMC § 15.40.040 provides that on any reverse corner lot for a single-family dwelling located within a planned unit development (PUD) zone district, unless otherwise permitted in the approved final development plan, no fence shall be constructed beyond that point which is half -way between the street line and the front setback line of the adjacent single-family residence whose side yard is the rear line of the corner lot, except for ornamental iron or split -rail fencing not exceeding forty-two inches (42") in height and that permits visibility through the fence of at least fifty percent (501/6); and WHEREAS, the Final Development Plan for Mountain Shadows Filing No. 1, which was approved by the Town Board of Trustees and recorded with the Weld County Clerk and Recorder on March 3, 2003 at Reception No. 3037987, contains no provisions for reverse corner lots that modify that set forth in FMC § 15.40.040; and WHEREAS, there has been submitted to the Planning and Zoning Commission and Board of Trustees of the Town of Firestone a request for approval of a final development plan amendment for Lot 13, Block 4, Mountain Shadows Filing I, a reverse corner lot, to decrease the side setback from that required by FMC § 15.40.040; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 final development plan amendment 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 final development plan amendment for Lot 13, Block 4, Mountain Shadows Filing No. I is hereby approved, subject to the following conditions: I. Add a note to the FDP stating the FDP is amended to authorize the decreased setback, but does not require the existing fence be replaced. 2. Add a note to the FDP that the fence height shall be 6 feet (6') and the style and fencing materials shall be as set forth in the original FDP. PASSED AND ADOPTED this 22"d day of March, 2017. Carissa Medina, Town Clerk Paul Sorensen, Mayor 3/172017 2:1 I Pblflmok] R:Tiresime�Subdi,-siana�=uti %Wows Filingi.FAP AmaW C17►.TB mdoc 2 RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 17-07 REGARDING THE POLICE FACILITY TASK FORCE WHEREAS, by Resolution No. 17-07, adopted February 8, 2017, the Board of Trustees established a Police Facility Task Force to provide a forum for citizen input and advisory recommendations on a proposed new police facility; and WHEREAS, the Board desires to revises Sections 5 and 6 of Resolution No. 17-07 to afford additional time for Task Force activities. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. Sections 5 and 6 of Resolution No. 17-07 are hereby repealed and re-enacted, with amendments, to read in full as follows: Section 5. The Task Force shall conclude its work and present its recommendations with a consultant to the Board of Trustees no later than August 2017. Section 6. Unless sooner abolished by a separate resolution, the Task Force shall sunset on August 23, 2017. IN RODUCED, ADOPTED AND RESOLVED THIS DAY OF 2017. OWN of FIRESTONE, COLORADO ..x °/* aul Sorensen, Mayor T. � COUNTY. GO ina, Town Clerk RESOLUTION NO. 17] > A RESOLUTION ADOPTING THE COMMUNITY GRANT PROGRAM POLICY FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") desires to promote and contribute to civic programs or events that contribute to the community spirit and community services of Firestone; and WHEREAS, the Town's Community Grant Program Policy provides guidance on requests from community organizations for financial and in -kind support from the Town; and WHEREAS, the Board of Trustees has determined that adoption of the proposed Town of Firestone Community Grant Program Policy is in the best interests of the Town and its citizens and desires to adopt such policy; NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Town of Firestone Community Grant Program Policy is hereby approved in essentially the same form as the copy of such policy accompanying this resolution. PASSED AND ADOPTED THISDAY OFq6yu7vLA 2017. s� TQwI �T ATTEST: °,tGti��� nU - 4#O� ..Co� ��' Carissa Medina, Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor FIRESTONE A WhOWNmmlN M(MON Town of Firestone Community Grant Program Thank you for your interest in applying for a community grant through the Town of Firestone. The purpose of this policy is to set in place a uniform process to allow community organizations to request financial and in -kind support from the Town for civic programs or events that contribute to the community spirit and community services of Firestone. Limitations and Special Provisions The Board of Trustees has certain statutory and fiscal limitations on the aggregate amount of municipal funds it can set aside for donations to community projects. The amount of grant awards available to disseminate on behalf of all applicants is dictated by the amount which is set aside by the Town Board of Trustees during the annual budget preparation process. This amount may vary from budget year to budget year according to priorities and available revenues. Program Guidelines • The Town will only provide financial assistance to programs and events that have a strong nexus to the community of Firestone by demonstrating a unique value and experience to its residents. The program or event must also provide for community building, family entertainment or informal education. • Grant funds cannot be used on any other projects other than for the purpose stated in the grant application. • Grant requests should not exceed $1,000. However, the Board of Trustees may approve additional funding based on available resources. • Grants are not for past programs or events. • Organizations can only apply once within a calendar year. • The Town is able to provide both direct financial support and some types of in -kind support (ie. police, public works assistance, etc.), to which a monetary value is assigned by the Town. • All recipient organizations must operate in an open and transparent manner with financial statements available for reasonable inspection. • All applications become public once received by the Town of Firestone. • Grants are awarded by the Town Board of Trustees based on how the program or event helps provide a unique value to the Town and whether the application meets the requirements of the Community Grant Program. • All activities must comply with Town of Firestone ordinances and state and federal laws. • All organizations receiving funds will be required to submit a return on investment report within 60 days of the completion of the program or event that highlights the use of funds. Failure to submit a report could impact future grant awards from the Town. • Grants are awarded with the expectation the recipient provides goods and services to all persons without regard to race, creed, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age, physical or mental ability, veteran status, military obligations and marital status. Eligibility The following organizations are eligible to apply for the Community Grant program: • Recognized community service organizations, organized as non-profit organizations; • Chartered chapters of state or national lodges; • Service organizations which engage in charitable or community service activities; • Public schools serving Firestone students; • Public school groups such as PTOs, booster clubs and athletic teams; Town of Firestone 1 151 Grant Ave. I PO Box 100 Firestone, CO 80520 303-833-3291 1 w ww.FirestoneMno� • Religious and political organizations are not eligible for grant funding. The Town will not sponsor, endorse or provide in -kind services for any programs or events that will or may promote tobacco or marijuana products, gambling, sexually related products or services, the sales or manufacturing of firearms or weapons, or products or services that are contrary to the interest of public health, safety or welfare. The Town will not sponsor, endorse or provide in -kind services for any programs or events produced by: • Businesses that are subject to regulations or monitoring by local, state or federal law enforcement agencies, including the Firestone Police Department, for regulatory compliance (i.e. sexually oriented businesses, bars, massage facilities, gun shops, manufacturers or sellers of firearms or weapons); • Commercial enterprises whose business is substantially derived from the sales of manufacturer of tobacco products or marijuana products; • Individuals or commercial enterprises having past, present or pending business agreements or associations with the Town, if a sponsorship, endorsement or in -kind support would have an appearance of impropriety. Award Criteria All grant applications will be reviewed based upon how well the stated purpose for the donation request serves the Town's residents in relation to any or all of the following criteria: • Contributes to the community spirit and community services of Firestone. • Contributes a unique value and experience to Firestone residents, including opportunities for community building, family entertainment and information education. • Promotes Firestone commerce and industry. • Expected number of people who will participate or benefit from the program or event. • Consistency of the applicant's mission and goals with the Town's values and priorities. • Celebrates the Town's culture or heritage, or featuring use of Town amenities. • The applicant's historical participation and association with community projects, events and continued willingness to participate. • Community support for, or opposition to, the proposed program or event. • Anticipated public perception of the association of the Town and the proposed program or event. Process • Community Awards will be issued twice a year, and applications are due March 15 and September 15. • The program or event must be completed within 12 months of being approved for funding. • Applications for the Community Grant Program are available on the Town website at www.firestoneco.Qovlcommunity_grant, or in the Town Clerk office at 151 Grant Ave., Firestone, CO 80520. All requests must be submitted to the Town Clerk office. • After review by Town staff, applications will be submitted to the Board of Trustees for consideration. Town of Firestone 1 151 Grant Ave. I PO Box 100 Firestone, CO 80520 303-833-3291 1 www.FirestoneCO. ov jk��� Community Grant Application FIRESTONE C O L O R A rJ O ACOSID WNlTYINMOTION Contact Information Organization Name: Organization Address: Contact Person: Daytime Phone: Organization Structure (i.e. Non-profit corporation): Request Information City: Email Address: Cell: State: Zip: Tax Exempt M Amount Requested: Date When Funds Are Needed: In -Kind Services Requested: Description of Request (attach additional information if needed): Program or,Event Information Description of Program or Event (attach additional information if needed): Date(s) of Program or Event: Program/Event Location: Estimated Attendance: How does your program or event help fulfill the mission of your organization? How will your program or event be made aware to Firestone residents? If awarded a grant, how will you use the funds? How will this program or event contribute to the community spirit and positive image of Firestone while benefitting the community members and the Town of Firestone? Has your organization applied for a grant from the Town of Firestone before? Yes No Was your organization previously awarded a grant from the Town of Firestone? Yes No In what year? How much was the grant? Submission By signing below, you agree that all the information provided in and attached to this grant application is correct. Name: Signature: Date: Please note that this is only a request form. All requests should be submitted to the Town Clerk's office which will submit them to the Board of Trustees for consideration in accordance with the annual budget schedule and available grant funds. Please return completed application via mail or email to: Town of Firestone, Carissa Medina, Town Clerk, 151 Grant Ave., PO Box 100, Firestone, CO 80520, cmedina@firestoneco.gov RESOLUTION NO. 17-_V— A RESOLUTION APPROVING AN OUTLINE DEVELOPMENT PLAN AND A FINAL DEVELOPMENT PLAN FOR CENTURY RV STORAGE WHEREAS, there has been submitted to the Board of Trustees a request for approval of an outline development plan for Century RV Storage, being an amendment to the Flatiron Annexation Outline Development Plan — Amendment I, and a final development plan for Century RV Storage; and WHEREAS, all materials related to this application have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision and -coning 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 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 outline development plan 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 1. The outline development plan for Century RV Storage, being an amendment to the Flatiron Annexation Outline Development Plan — Amendment 1, and the final development plan for Century RV Storage are hereby approved, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 22"d day of February, 2017. WN A ?� O sEAL 1 Q r: 0 Goo Carissa edina, To Clerk Paul Sorensen, Mayor EXHIBIT A Outline Development Plan and Final Development Plan Century RV Storage Conditions of Approval 1. On Sheet 1 of the ODP and FDP, explain the additional addresses listed in the "Address" block under the Applicant's information. 2. On the ODP and FDP, confirm the street address shown for the Applicant is correct (there appears to be an extra "0") and revise "Longmont" to "Firestone." 3. Add the following notes to the FDP: a. "This facility is to be used for recreational vehicle storage only. No habitation of any vehicle shall be permitted." b. "Other than at the existing service and repair building, maintenance, service and/or repair of any vehicle is prohibited." C. "Three signs shall be placed around the RV storage area, each stating that no working on or repair of vehicles may be conducted other than at the service and repair building." 4. Revise application materials to address comments set forth in the Town Engineer's memorandum dated November 1, 2016, a copy of which is attached hereto as Exhibit A- 1. S. Revise the ODP text as set forth in the redline attached hereto as Exhibit A-2 6. Revise the FDP text as set forth in the redline attached hereto as Exhibit A-3. 7. Remove references to truck wash from ODP and FDP; truck wash facilities are not an authorized use. 8. All parking lot lighting shall be downcast. 211712017 3:40 FM [krd-) K-.TmsmneLSubdrviaonslCenntry RV Storage ODP Amad FDP TB Md= 2 EXIIIBIT A-1 ma-MATIF, "-az� COLORADO CIVIL GROUP, INC. fnglneerfng Cansuhants TO: Mr. Bruce Nickerson, Town Planner FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer GiD Lindsey Green, Colorado Civil Group, Inc., Town Engineer 2' DATE: November 1, 2016 SUBJECT: Century RV Storage Amended ODP and FDP PROJECT No.: 0668.0424.00 Memo We have completed our review of the Century RV Storage Amended ODP and FDP submittals. We offer the following engineering comments: Submittal Binder: 1. (7.2.4110.3.4 Vicinity Map) — The Century RV Annexation Map was provided as the ODP and FDP Vicinity Map, please revise. 2. (7.2.5110.3.5 Title Commitment) — CVA, LLC, A Colorado Limited Liability Company is listed as the owner in fee simple of the property according to the Title Commitment with an effective date of September 13, 2016. An updated title commitment dated no later than 1 month prior to recording will be required. 3. (4.917.2.7 Tax Certificate) — The land owner needs to execute an exclusion from the Mountain View Fire Rescue District and execute an inclusion for the Frederick- Firestone Fire Prevention District. 4. (7.2.8110.3.8 Water Rights Questionnaire) — The form was left blank, please revise. 5. Provide water demand estimate and AWWA service sizing calcuations. Final Drainage Report: 6. Please provide an exhibit clearly illustrating the areas used in order to calculate the weighted coefficients. 1 7. The historic calculations need to be modified to accurately represent the true historic state of the site, without any improvements. This fiowrate will be the site's allowable release rate. 8. The detention pond needs to include capacity for the Century RV Annexation with flow from that site appropriately directed to the pond, or the Century RV Annexation site will need to provide detention on that site. 9. Existing condition runoff calculations need to be completed for Basin OS1 in order to properly size the detention pond outlet structure. 10. Please provide hydraulic calculations for the inlet and outlet pipes for the pond. 11. Provide spillway sizing calculations. Traffic Report: 12. The submitted Traffic Report needs to be submitted to CDOT in order to confirm with them that the land use is consistent with the currently approved access plans and permit. Outline Development Plan: 13. (7.3.2 Title Block) — Please adjust the title of the documents to state the following: OUTLINE DEVELOPMENT PLAN CENTURY RV STORAGE (BEING AN AMENDMENT TO THE FLATIRON ANNEXATION OUTLINE DEVELOPMENT PLAN — AMENDMENT 1) TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO SHEET XX OF XX 14. (7.3.14 Land Use and Zoning) — It appears that the ODP Amendment is being submitted in order to allow retail sales inventory overflow parking and for service/maintenance on the property. 15. (7.3.17 Land Use Table) — Please revise the land use table to clearly identify the impervious and pervious land use types. Include the "Remainder" area into an appropriate category. The subtotals provided in the land use table are used by the Town to calculate monthly storm water fees. The total site area being annexed is 9.17 acres, which excludes the CDOT ROW that was granted to CDOT through the Warranty Deed with reception number 259913. 16. (7.3.21 Approval Blocks) — Please replace the word "Resolution" with "Ordinance." 17. (7.3.22 Acceptance Block and Notary) — Please remove the duplicate notary block with Andrew D'Ambrosio listed. Update the Owner's name to match the Title Commitment exactly. 18. (7.4.12 Contours) — Contours were not included on the ODP Map. 19. See returned redlines for any additional comments. 4 Final Development Plan: Misc: 20.(10.5.8 Land Use Table) - Please revise the land use table to clearly identify the impervious and pervious land use types. Include the "Remainder" area into an appropriate category. The subtotals provided in the land use table are used by the Town to calculate monthly storm water fees. The total site area being annexed is 9.17 acres, which excludes the CDOT ROW that was granted to CDOT through the Warranty Deed with reception number 259913. 21. (10.5.15 Utilities) - The lot is to receive new sanitary sewer service by the SVSD and water service is provided by CWCWD. Based upon discussions with the CWCWD, the proposed service will be allowed to be from a CWCWD main, but the service provider will be considered the Town of Firestone. The second paragraph in the Utility Section should be replaced with the following language: "The property will be served by the CWCWD with a 1 inch service line and a 6 inch fire line. The potable water service and meter will be considered a master meter connection. CBT water dedication will be required at this time. The Owner will be billed monthly as a Firestone customer. The service may continue until the facility is redeveloped or required to connect to the Town's potable water system, if the Town's distribution system has been extended to any of the adjacent property." 22. (10.5.22 Acceptance Block and Notary) — Please update the owner's name to include the company as it is shown in the Title Commitment. 23. (10.6.13 Parking) — Please clearly identify the type of gravel surface use for the parking areas. 24. (10.6.22 Utilities) — The Utility Plan shows an existing faucet and water tap at the existing building, however, no existing water lines are shown on the plan. Can you please clarify? 25. 10.6.26 Grading Plan and Drainage) — Please reexamine the detention pond outlet structure details and verify that they are drawn correctly. 26. Circulation and Site Access — The applicant needs to coordinate with the Frederick- Firestone Fire Prevention District to ensure the gated access will be allowed. We will coordinate with the Firestone Police Department to see if they have any comments on the gated accesses. 27. Need to make independent submittals to Central Weld County Water District, St. Wain Sanitation District and Frederick- Firestone Fire Prevention District. These comments are provided to assist in the preparation of the Annexation and ODP for this project. The Applicant's consultant should return their responses to the comments with their next submittal. We will be happy to meet with the applicant and their consultants to review these comments. Let us know if there is anything else that we can help you with. r — - permon esgroup EXHIBIT A-2 ODP Text Redline —L J-V1V i1q."1TJL' 1\ J 'URY RV STORM known as Flatiron Annex 2 —FLATIRON P.U.D. 11 AMENDMENT: THIS OUTLINED DEVELOPMENT PLAN — 2ND AMENDMENT IS SPECIFIC TO LOT 2 FLATIRON PUD III. THIS WILL AMEND THE PREVIOUSLY APPROVED AMENDMENT 1 FORMERALY KNOWN AS "FLATIRONS ANNEXATION." THE PROPERTY IS 21.657 ACRES IN SIZE AND W16 HAVE NO rrrrrr GN ANY GF THE PROJECTCONCEPT: THE CENTURY RV STORAGE FACILITY IS A 21.66-ACRE PROPERTY LOCATED ON LOT 2 OF THE FLATIRON PLANNED UNIT DEVELOPMENT III SUBDIVISION ""',,..Ater. THE INTENT OF THIS OUTLINE DEVELOPMENT PLAN IS TO AMENDTHE ESTABLISHED ZONING ON THIS 21.66 ACRE PARCELTO CLARIFY THIS WILL BE A RETAIL OUTDOOR STORAGE USE OPEN TO THE PUBLIC. AN F9P W1 6 BE r, AA4=90 THE SITE IS CURRENTLY USED FOR R.V. STORAGE SITE AND SALES, WHICH USE WILL CONTINUE, WITH AND SA61i& THE FI)PTHAT- IS BEING SUBMITTED DETA16S THE PROPOSED PAPROVEMENT-STO T-14F SIT -Er REGIONAL IMPACTS: AGUNIBARY BASED UPON EXISTING ECONOMIC CHARACTERISTICS FOR THIS TYPE OF BUSINESS49 IT 15 ANTICIPATED THAT CONTINUED USE OF THIS PROPERTY BY CENTURY R.V. AS SET FORTH IN THIS ODP WILL CONTINUE TO HAVE POSITIVE ECONOMIC IMPACTS TO THE TOWN OF FIRESTONE. ENVIRONMENTAL INFORMATION: AN ENVIRONMENTAL SITE ASSESSMENT IS NGT REQUIRED WAS NOT PERFORMED FOR THIS PROPOSED DEVELOPMENT SITE, SINCE THERE IS NO DEDICATION OF PUBLIC LAND BEING ANTICIPATED IN CONJUNCTION WITH THIS PROJECT. UTILITIES: UTILITY SERVICES FOR WATER, SANITARY SEWER, AND ELECTRIC WILL BE CONSTRUCTED AS PART OF THIS SITE DEVELOPMENT. THE EXISTING SITE UTILITY SERVICES WILL TYPICALLY REMAIN IN PLACE, AND WILL ONLY BE MODIFIED AS NECESSARY TO FACILITATE NEW CONSTRUCTION OR UTILITY PROVIDER Page 11 Comment [KKll: Revise as directed by Town Engineer. 1 1 f 1 CENTURY RV STORAGE ODP — 2"d Amendment Lot 2 Flatiron PU D III REGULATIONS. SANITARY SEWER WILL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THE STANDARDS OF THE ST. VRAIN SAINTATION DISTRICT (SVSD). ONE NEW FIRE HYDRANT AND A WATER METER WILL BE INSTALLED OWSITE NEAR THE PROPOSED OFFICE BUILDING. THIS FIRE HYDRANT AND WATER METER WILL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THE STANDARDS OF CENTRAL WELD COUNTY WATER DISTRICT (CWCWD). GRADING CONCEPT: THE SITE 15 21.67 ACRES. OF THAT, APPROXIMATELY 7 ACRES WILL BE REGRADED. AN EXISTING SWALE BIS£CTSTHE SITE, MORE OR LESS, FROM SOUTH TO NORTH. THE SWALE BEGINS AT A CONCRETE PAN LOCATED AT THE SOUTH LOT LINE AND CONTINUESTO THE EXISTING DETENTION POND. REGRADING WILL OCCUR ABOUT 5 FEET WEST OF THE SWALE TO THE EAST PROPERTY LINE. REGRADING WILL REALIGN THE EXISTING SWALE, EXTEND THE DETENTION POND AREA AND GIVE DEFINITION TO THE ROAD ALONG THE EAST LOT LINE. THE EXISTING DRAINAGE PATTERNS WILL BE MAINTAINED. SERVICE REQUIREMENTS: THIS DEVELOPMENT SHALL BE SERVED BY THE FOLLOWING UTILITY COMPANIES: POTABLE WATER - CENTRAL WELD COUNTY WATER DISTRICT SANITARY SEWER -ST. VRAIN SANITATION DISTRICT NATURAL GAS—SGURGE GA`; BLACK HILLS ENERGY POWER - UNITED POWER POLICE PROTECTION -TOWN OF FIRESTONE FIRE PROTECTION - FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT TELEPHONE - QWEST/CENTURYLINK RECREATION - CARBON VALLEY RECREATION DISTRICT CIRCULATION SYSTEMS: PRIMARY ACCESS TO THE PROPERTY WILL UTILIZE A ONE-WAY CIRCULATION PATTERN FOR TYPICAL CUSTOMER AND EMPLOYEE TRAFFIC. THE PROPOSED ENTRANCE ROAD WILL UTILIZE AN EXISTING ASPHALT -PAVED ROAD NEAR THE CRESTONE PEAK RESOURCES, LLC BUILDING, AND THEN EXTEND THIS PAVED ACCESS ROAD EASTWARD PASTTHE PROPOSED OFFICE BUILDING AND THEN INTO THE PROPERTY. THE PROPOSED TYPICAL EGRESS ROAD WILL BE SITUATED ATTHE SOUTHERN END OF THE PROPERTY AND BE A ONE WAY EXIT ONTO SABLE AVENUE (C.R. 22). THIS EXIT ACCESS ROAD WILL UTILIZE AN EXISTING ASPHALT ROAD CORRIDOR, WITH ADDITIONAL PAVING IMPROVEMENTS. THIS SITE WILL CONTINUE TO PROVIDE& STORAGE SPACE FOR THE ADJOINING LOTS ALONG THE WEST PROPERTY LINE. TWO CONNECTION POINTS ALLOW ACCESS BETWEEN THESE LOTS; ONE CONNECTION 15 ON THE NORTHWEST PART OF THE SITE AND THE OTHER CONNECTION IS ON THE SOUTHWEST PART OF THE SITE. LAND USE AND ZONING: THE EXIS;ING PROPOSED LAND USE FOR THIS PROPERTY4 SPECIFICALLY PROVIDES FOR R.V. SALES, SERVICE, AND RENTALS. THERE IS AN ENCANA OIL WELL SITE IN OPERATION ON THIS PROPERTY. THE EXISTING ZONING FOR THIS 21.66-ACRE PROPERTY IN THE TOWN OF FIRESTONE IS PLANNED UNIT Page 12 ' ` , \ - pasgrcw CENTURY RV STORAGE ODP - 2ntl Amendment Lot 2 Flatiron PUD III DEVELOPMENT WITH REGIONAL COMMERCIAL LAND USEc_oi 41019-n UNIT nevci nenncnrT (RC-PUD-RC), WHICH REMAINS UNCHANGED WITH THIS AMENDMENT: BUILDING HEIGHT: THE EXISTING BUILDINGS GURRET- "6* CURRENTLY CONFORM TO APPLICABLE HEIGHT LIMITATIONS446 STANDARDS IN Tur T-OW UP uRESOT- E DEVE nonncniT orr_i a nrin S FUTURE BUILDINGS SHALL CONFORM TO THE BUILDING HEIGHTS AS SPECIFIED IN THE FIRESTONE DEVELOPMENT REGULATIONS OR AS SPECIFIDED IN THE LOT 2 FLATIRON PUD III. Page 13 rev-pesgroup t CENTURY RV STORAGE ODP-2"'Amendment Lot 2 Flatiron PUD III LAND USE TABLE: THE PROPERTY WILL BE APPORTIONED INTO THREE SEPARATE AREAS (USING CHAIN LINK FENCING) BY TYPE OF LAND USE/OPERATIONS: t 1) RV SERVICE & MAINTENANCE AREA (SOUTH = 4.21 AC.) 19.4 % 2) RV STORAGE AREA (MIDDLE = 13.54 AC.) 62.5 % 3) STORAGE OVERFLOW AREA (NORTH = 3.91 AC.) 18.1 % TOTAL SITE AREA: 21.66 AC. j 100.0 % ) B BE NOTED THAN THE ENTRANCE AND EXIT ACCESS ROAD CORRIDORS HAVE BEEN INCLUDED WITHIN THE RV STORAGE AREA. DEVELOPMENT SCHEDULE: PHASE 1 WILL CONSISTOF CONSTRUCTION OF THE PAVED ENTRANCE/EXIT ACCESS ROADS, GRAVEL I PARKING AREAS, TRUCK WASH AND R.V. DUMP STATION, SITE LIGHTING, CHAIN LINK FENCING, GATES, MODIFICATIOINS TO THE DETENTION POND AND OUTLET STRUCTURE, ALONG WITH ASSOCIATED SITE UTILITIES. PHASE 1 CONSTRUCTION IS EXPECTED TO BETWEEN THREE TO FIVE MONTHS BEGIN ING IN MAY 2017 AND COMPLETED IN OCTOBER 2017. PHASE 2 WILL CONSIST OF THE CONSTRUCTION OF TWO COVERED R.V. STORAGE BUILDINGS AND THE OFFICE BUILDING. PHASE 2 CONSTRUCTION IS EXPECTED TO TAKE THREE MONTHS. THE ANTICIPATED CONSTRUCTION TIMELINE FOR PHASE 2 WILL BE SUMMER OF I201: Comment [KK2]: Section 7.3.18 requires the ODP to Indude a plan expiration statement PARKS, TRAILS, AND OPEN SPACE: THERE ARE NO PUBLIC OR PRIVATE OPEN SPACES, TRAILS, OR COMMON AREAS BEING PROPOSED WITH THIS DEVELOPMENT PLAN. PRIVATE MAINTENANCE AND ENFORCEMENT: THIS PROPERTY WILL CONTINUE TO BE PRIVATELY MAINTAINED. Page 14 p— 0wouP permon esgroup EXHIBIT A-3 FDP Text Redline FDP NARRATIVE CENTURY RV STORAGE (Formerly Flatirons Annexation) LOT 2— FLATIRON P.U.D. III PROJECT CONCEPT: THE CENTURY RV STORAGE FACILITY IS A 21.66-ACRE PROPERTY LOCATED ON LOT 2 OF THE FLATIRON I PLANNED UNIT DEVELOPMENT III FINAL PLA SUBDIVISION. THE INTENT FOR REDEVELOPMENT INCLUDES CONSTRUCTION OF A TRUCK WASH AND R.V. DUMP STATION, SITE LIGHTING, CHAIN LINK FENCING, GATES, PAVED ENTRANCE AND EXITACCESS ROADS, REGRADING THE DETENTION POND AND UPDATING THE OUTLET STRUCTURE, AND ASSOCIATED SITE UTILITIES. IN ADDITION, THE PROPOSED RV PARKING AREAS WILL BE IMPROVED WITH COMPACTED GRAVEL BASE MATERIALS. PHASE 2 CONSTRUCTION WILL INVOLVE THE INSTALLATION OF TWO NEW RV COVERED STORAGE BUILDINGS WITH AREAS OF 18,540 AND 11,242 SQUARE FEET AND AN OFFICE BUILDING WITH AN AREA OF 1,140 SQUARE FEET. THE FINAL DEVELOPMENT PLAN DESCRIBES THE PROPOSED OFFICE, STORAGE BUILDINGS, COMMERCIAL, AND LIGHT INDUSTRIAL USES FOR CENTURY RV. THE CENTURY RV BUSINESS PROVIDES SALES, SERVICE, AND STORAGE RENTAL SERVICES FOR RECREATIONAL VEHCLES. PROPOSED LAND USE TABLE: PHASE 2 OFFICE BLDG. 1,140 SF PHASE 2 — RV STORAGE BLDG. A 18,550 SF PHASE 2 -- RV STORAGE BLDG. B 11,250 SF EXISTING SERVICE/REPAIR BLDG. 9,679 SF CONCRETE/ASPHALT AREAS 59,464 SF GRAVEL ROADS/PARKING AREAS 436,100 SF REMAINDER OF PARCEL 407,214SF TOTAL SITE AREA: 943,397 SF (0.026 AC.) 0.12 % (0.426 AC.) 1.97 % (0.258 AC.) 1.19 % (0.222 AC.) 1.03 % (1.365 AC.) 6.30 % (10.011 AC.) 46.23 % (9.348 AC.) 43.16 % 21.657 AC. 100.0 % THE EXISTING LAND USE FOR THIS PROPERTY IS R.V. SALES, SERVICE, AND RENTALS. THERE IS AN ENCANA OIL WELL SITE IN OPERATION ON THIS PROPERTY. THE EXISTING ZONING FOR THIS 21.66-ACRE Page I CENTURY RV STORAGE Final Development Plan Lot 2 Flatiron PUD III PROPERTY IN THE TOWN OF FIRESTONE IS PLANNED UNIT DEVELOPMENT WITH REGIONAL COMMERCIAL LAND USES ni aninirn UNIT PEVE1 9PME iT(R-C—PUD-RC). THE PROPERTY WILL BE APPORTIONED INTO THREE SEPARATE AREAS (USING CHAIN LINK FENCING) BY TYPE OF LAND USE/OPERATIONS: 1) RV SERVICE & MAINTENANCE AREA 2) RV STORAGE AREA 3) STORAGE OVERFLOW AREA TOTAL SITE AREA: (SOUTH = 4.21 AC.) 19.4 % (MIDDLE = 13.54 AC.) 62.5 % (NORTH = 3.91 AC.) 18.1 % 21.66 AC. 100.0 % IT SHOULD BE NOTED THAT THE ENTRANCE AND EXIT ACCESS ROAD CORRIDORS HAVE BEEN INCLUDED WITHIN THE RV STORAGE AREA. REGIONAL IMPACTS: BOWNPAR-ABASED UPON EXISTING ECONOMIC CHARACTERISTICS FOR THIS TYPE OF BUSINESS IN UNINCORPORATED WELD COUNTY, IT IS ANTICIPATED THAT CENTURY R.V. WILL HAVE POSITIVE ECONOMIC IMPACTS TO THE TOWN OF FIRESTONE. SERVICE REQUIREMENTS: THIS DEVELOPMENT45HALL WILL BE SERVED BY THE FOLLOWING UTILITY COMPANIES: POTABLE WATER - CENTRAL WELD COUNTY WATER DISTRICT SANITARY SEWER - ST. VRAIN SANITATION DISTRICT NATURAL GAS SOURCE GAS. BLACK HILL ENERGY POWER - UNITED POWER POLICE PROTECTION -TOWN OF FIRESTONE FIRE PROTECTION - FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT TELEPHONE - QWEST/CENTURYLINK RECREATION - CARBON VALLEY RECREATION DISTRICT CIRCULAITON & SITE ACCESS: PRIMARY ACCESS TO THE PROPERTY WILL UTILIZE A ONE-WAY CIRCULATION PATTERN FOR TYPICAL CUSTOMER AND EMPLOYEE TRAFFIC. THE PROPOSED ENTRANCE ROAD WILL UTILIZE AN EXISTING ASPHALT -PAVED ROAD NEAR THE ENGA in 016AND GAS CRESTO_NE PEAK RESOURCES,_LLC BUILDING, AND THEN EXTEND THIS PAVED ACCESS ROAD EASTWARD PASTTHE PROPOSED OFFICE BUILDING AND THEN INTO THE PROPERTY. THE PROPOSED TYPICAL EGRESS ROAD WILL BE SITUATED ATTHE SOUTHERN END OF THE PROPERTY AND BE A ONE WAY EXIT ONTO SABLE AVENUE (C.R. 22). THIS EXIT ACCESS ROAD WILL UTILIZE AN EXISTING ASPHALT ROAD CORRIDOR, WITH ADDITIONAL PAVING IMPROVEMENTS. THERE ARE TWO EXISTING SECONDARY SITE ACCESS ROADS ON THIS PROPERTY. THESE SECONDARY ROADS HAVE GATE -CONTROLLED ACCESS AND ARE TYPICALLY UTILIZED BY CENTURY RV FOR INTERNAL CIRCULATION ONLY. THESE TWO SECONDARY ACCESS ROADS PROVIDE A CONNECTION BETWEEN THE SUBJECT PROPERTY AND THE CENTURY RV SALES DEALERSHIP (JUSTTO NORTHWEST), AS WELL AS THE CENTURY RV SERVICE & REPAIR PROPERTY (JUST TO SOUTHWEST). Page 12 permbn�r ub pub p CENTURY RV STORAGE Final Development Plan Lot 2 Flatiron PUD III ENVIRONMENTAL IMPACT MITIGATION: AN ENVIRONMENTAL SITE ASSESSMENT IS NOT REQUIRED FOR THIS PROPOSED DEVELOPMENT SITE, SINCE THERE IS NO DEDICATION OF PUBLIC LAND BEING ANTICIPATED IN CONJUNCTION WITH THIS PROJECT. PRIVATE MAINTENANCE AND ENFORCEMENT: THIS PROPERTY WILL CONTINUE TO BE PRIVATELY MAINTAINED, PARKS, TRAILS, AND OPEN SPACE: THERE ARE NO PUBLIC OR PRIVATE OPEN SPACES, TRAILS, OR COMMON AREAS BEING PROPOSED WITH THIS DEVELOPMENT PLAN. CONTROLS: ONGOING MAINTENANCE OF THE DEVELOPMENT WILL BE THE RESPONSIBILITY OF THE PROPERTY OWNER. THERE ARE NO PROPOSED COMMON AREAS OR JOINT OWNERSHIP AREAS. LANDSCAPING: THE PROPERTY CURRENTLY HAS MINIMAL LANDSCAPING ONSITE APPROXIMATELY 3.6 ACRES OF LANDSCAPING. THE ON -SITE LANDSCAPING WILL BE MAINTAINED BY THE PROPERTY OWNER OR THEIR ASSIGNS. THE GODDING HOLLOW DITCH & WETLANDS AREAS LOCATED IMMEDIATELY TO THE NORTH AND NORTHEAST OF THE CENTURY RV PROPERTY ARE DENSELY VEGETATED, AND MAKE AN EXCELLENT NATURAL PLANT/HABITAT BUFFER FROM THE ADJACENT PROPERTY (AMERICAN FURNITURE WAREHOUSE). THERE IS AN EXISTING PERIMETER TREE BUFFER LOCATED ALONG MOST OF THE EASTERN PROPERTY LINE (BORDERING AGRICULTURAL LANDS), AND ANOTHER EXISTING LANDSCAPED AREA ON THE EARTH BERM NEAR THE SOUTHWEST PROPERTY CORNER. THE EXISTING ON -SITE LANDSCAPE AREAS WILL BE MAINTAINED INMOST LOCATIONS, UNLESS THERE IS A DIRECT CONFLICT WITH PROPOSED SITE CONSTRUCTION (REFER TO FINAL DEVELOPMENT PLANS). FOR EVERY THREE RUSSIAN OLIVE TREES REMOVED, ONE COMMON HACKBERRY TREE SHALL BE PLANTED WITHIN THE SAME GENERAL AREA AS THE TREES REMOVED. DRAINAGE: REFER TO THE FINAL DRAINAGE REPORT (PERMONTES GROUP, INC. SEPTEMBER 2016) WHICH IS FILED AS PART OF THIS FINAL DEVELOPMENT PLAN, A DETAILED DESCRIPTION OF THE EXISTING AND PROPOSED DRAINAGE CONDITIONS FOR THIS PROPERTY IS PROVIDED WITHIN THAT REPORT. THE GENERAL CONCEPT OF THE PROJECT IS THAT DEVELOPED FLOWS FOLLOW THE HISTORIC DRAINAGE PATTERNS, WHICH FLOW NORTH. THE EXISTING SWALE WILL BE REALIGNED AND WILL CONTINUE TO CONVEYTHE SITE AND OFFSITE RUNOFF INTO AN EXISTING ON -SITE DETENTION POND. THIS DETENTION POND IS SITUATED IN THE NORTH END OF PROPERTY AND LOCATED JUST WITHIN THE FEMA-DEFINED "ZONE A" PORTION OF THE PROJECT SITE (REFER TO FINAL DEVELOPMENT PLANS). THE EXISTING DETENTION POND WILL BE REGRADED TO DETAIN THE 100 YEAR ONSITE DETENTION WHILE ALLOWING THE OFFSITE TO CONTINUE TO LEAVE THE SITE UNDETAINED. THE EXISTING OUTLET STRUCTURE WILL BE MODIFIED TO RESTRICT RELEASE RATES TO THE 10 YEAR AND 100 YEAR ALLOWABLE RELEASE RATES, AS DEFINED BY THE TOWN OF FIRESTONE. FROM THE OUTLET STRUCTURE Page 13 permon esgroup CENTURY RV STORAGE Final Development Plan Lot 2 Flatiron PUD III RUNOFF WILL CONTINUE TO OUTFALL INTO THE GODDING HOLLOW DITCH, WHICH IS LOCATED ALONG THE NORTH PROPERTY LINE. THE STORM DRAINAGE SYSTEM WILL BE MODIFIED TO BE IN ACCORDANCE WITH THE TOWN OF FIRESTONE REQUIREMENTS. UTILITIES: UTILITY SERVICES FOR WATER, SANITARY SEWER, AND ELECTRIC WILL BE CONSTRUCTED AS PART OF THIS SITE DEVELOPMENT. THE EXISTING SITE UTILITY SERVICES WILLTYPICALLY REMAIN IN PLACE, AND WILL ONLY BE MODIFIED AS NECESSARYTO FACILITATE NEW CONSTRUCTION OR UTILITY PROVIDER REGULATIONS. SANITARY SEWER WILL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THE STANDARDS OF THE ST. VRAIN SANITATION DISTRICT (SVSD). ONE NEW FIRE HYDRANT AND A WATER METER WILL BE INSTALLED ON -SITE NEAR THE PROPOSED OFFICE BUILDING. THIS FIRE HYDRANTAND WATER METER WILL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH THE STANDARDS OF CENTRAL WELD COUNTY WATER DISTRICT (CWCWD). WATER DEDICATION: WATER FOR THE DEVELOPMENT WILL BE PROVIDED BY CENTRAL WELD COUNTY WATER DISTRICT, AND THEREFORE NO TOWN OF FIRESTONE WATER DEDICATION SHALL BE REQUIRED FOR THIS PROJECT. PARKING: OFF STREET PARKING FOR THE SITE DEVELOPMENT WILL BE PROVIDED AS SHOWN ON THE FINAL DEVELOPMENT PLAN (FDP) AND IN THE DEVELOPMENT TABLE. THERE WILL BE APPROXIMATELY 261 R.V. PARKING SPACES PROVIDED WITH THE RV RENTED STORAGE AREA. THERE WILL BE ADDITIONAL AREAS AVAILABLE FOR AUTOMOBILE AND R.V. PARKING WITHIN THE RV SERVICE/REPAIR AND INVENTORY OVERFLOW AREAS. R.V. PARKING AREAS WILL TYPICALLY BE GRAVEL SURFACED. CUSTOMER AND EMPLOYEE PARKING AREAS INCLUDE 4 REGULAR AUTO PARKING SPACES, AND ONE A.D.A. COMPLIANT SPACE, LOCATED ADJACENT TOTH E OFFICE BUILDING. THE SERVICE & REPAIR BUILDING PROVIDES ENOUGH ROOM FOR ANOTHER 18 AUTO PARKING SPACES ALONG ITS EASTERN SIDE. PARKING LOTS AT BOTH THE OFFICE AND SERVICE/REPAIR BUILDINGS WILL BE CONCRETE -PAVED AND SATISFY A.D.A. STANDARDS WHERE APPLICABLE. ARCHITECTURE: THE EXISTING BUILDING LOCATED ON THIS PROPERTY CONFORMS TO THE TOWN OF FIRESTONE DEVELOPMENT STANDARDS. ARCHITECTURAL STANDARDS FOR FUTURE BUILDINGS WILL ALSO CONFORM TO FIRESTONE DEVELOPMENT REGULATIONS, AS THEY MAYBE AMENDED FROM TIME TO TIME. THE APPLICABLE BUILDING AREAS ARE INDICATED ON THE PROPOSED LAND USE TABLE, AND BUILDING DESIGNS ARE COMPATIBLE WITH THE SURROUNDING AREA. ARCHITECTURAL COLORS AND MATERIALS SHALL BE CONSISTENT WITH THOSE INDICATED WITHIN THE FINAL I)SVE GPIVIENT PLANS, AS NOTED HEREIN. Page 14 ' ` ` \ permon esgroup CENTURY RV STORAGE Final Development Plan Lot 2 Flatiron PUD III Page I5 '� \ permon esgroup CENTURY RV STORAGE Final Development Plan_ _ _ Lot 2 Flatiron PUD III SETBACKS: BUILDING DESCRIPTION NORTH EAST SOUTH WEST PHASE 2 -- OFFICE BLDG. - - - 42.6' PHASE 2 -- RV STORAGE BLDG. A - 50.0' - - PHASE 2 -- RV STORAGE BLDG. B - 50.0' EXISTING SERVICE/REPAIR BLDG. - 93.8' DEVELOPMENT SCHEDULE: PHASE 1 WILL CONSIST OF CONSTRUCTION OF THE PAVED ENTRANCE/EXIT ACCESS ROADS, GRAVEL PARKING AREAS, TRUCK WASH AND R.V. DUMP STATION, SITE LIGHTING, CHAIN LINK FENCING, GATES, MODIFICATION'S TO THE DETENTION POND AND OUTLET STRUCTURE, ALONG WITH ASSOCIATED SITE UTILITIES. PHASE 1 CONSTRUCTION IS EXPECTED TO BE BETWEEN THREE TO FIVE MONTHS BEGINNING IN MAY 2017 AND COMPLETED IN OCTOBER 2017. PHASE 2 WILL CONSIST OF THE CONSTRUCTION OF TWO COVERED R.V. STORAGE BUILDINGS AND THE OFFICE BUILDING. PHASE 2 CONSTRUCTION IS EXPECTED TO TAKE THREE MONTHS. THE ANTICIPATED CONSTRUCTION TIMELINE FOR PHASE 2 WILL BE SUMMER OF 2018. THE IMPROVEMENTS SHOWN IN THIS FINAL DEVELOPMENT PLAN SHALL BE COMPLETED WITHIN THREE YEARS FROM THE DATE OF TOWN APPROVAL, OR THIS FINAL DEVELOPMENT PLAN SHALL EXPIRE AND THEREAFTER BE OF NO FURTHER FORCE AND EFFECT. Page 16 ' ' \ permo en Troup RESOLUTION NO. 17-�k A RESOLUTION APPROVING FRONTIER ESTATES FINAL PLAT FILING NO. I WHEREAS, there has been submitted to the Board of Trustees a request for approval of a final plat for Frontier Estates Final Plat Filing No. l; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 final plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY TH.E BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The final plat for Frontier Estates Final Plat Filing No. i is hereby approved, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 22'a day of February, 2017. ssa Medina Town Clerk RcSTpN� au l Sorensen, Mayor �fff 70WN SEAL i o ti �Q EXHIBIT A Final Plat Frontier Estates Final Plat Filing No. 1 Conditions of Approval In the Ownership and Dedication block, revise references to "Qwest, Inc." to read "CenturyLink Communications, LLC." Provide an updated title commitment when mylars are submitted for recording N17l2017 2:52 PM [lank[ R4Fbem 6SubdMsimAF=6u Fsmtm FP TB m.da 2 RESOLUTION NO. 17-f A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE BAREFOOT LAKES FILING NO.2 FINAL PLAT AND FINAL DEVELOPMENT PLAT WHEREAS, on November 9, 2016, the Board of Trustees for the Town of Firestone adopted Resolution 16-32 approving with conditions a Final Plat and Final Development Plan for Barefoot Lakes Filing No. 2; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final plat and final development plan are required to be recorded by March 9, 2017; and WHEREAS, the applicant has submitted to the Town Manager a request to extend the recording deadline in order to allow them to present a modification of a portion of the Final Development Plan to the Firestone Planning Commission and Board of Trustees; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Barefoot Lakes Filing No. 2 application. 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 hereby extends until May 19, 2017 the recording deadline for the final documents for the Barefoot Lakes Filing No. 2 application. INTRODUCED, READ AND ADOPTED this 22"d day of February, 2017. FRTOWN OF FIRESTONE, COLORADO � ..M FS D �Ok O r> �� ti t m ` 0. Paul Sorensen, Mayor 41-O k ATT S Carissa Medina, Town Clerk RESOLUTION NO. 17-Qq A RESOLUTION EXTENDING THE RECORDING PERIOD FOR THE DEL CAMINO CENTRAL, FILING NO.2 FINAL PLAT AND SUBDIVISION AGREEMENT WHEREAS, on November 9, 2016, the Board of Trustees for the Town of Firestone adopted Resolution 16-33 approving with conditions a Final Plat for the property; and WHEREAS, Section 10.30 of the Firestone Development Regulations provides that, subsequent to any Town Board approval, the applicant shall submit the final documents for recording by the Town Clerk and if the final documents are not recorded within 120 days of the date of Town Board approval, approval of the documents shall lapse and the applicant shall be required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application; and WHEREAS, currently, final documents relating to the above -referenced final plat are required to be recorded by March 9, 2017; and WHEREAS, the applicant has submitted to the Town Manager a request to extend the recording deadline in order to allow them to complete negotiations and designs with Weld County for offsite storm drainage conveyance; and WHEREAS, the Board of Trustees further finds the requirement set forth in Section 10.30 of the Development Regulations is administrative in nature and exists for the benefit of the Town, in order to ensure timely perfection of Town approvals, and that if the Board finds it to be in the best interest of the Town to extend such deadline it may do so; and WHEREAS, the Town Board concludes it is in the best interest of the Town to extend the time period for recording final documents for the Del Camino Central, Filing No. 2 application. 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 hereby extends until April 14, 2017 the recording deadline for the final documents for the Del Camino Central, Filing No. 2 application. INTRODUCED, READ AND ADOPTED this 22°a day of February, 2017. FIRES TTOWN OF FIRESTONE, COLORADO O rOW/V rn� Old � ) Paul Sorensen, ayor TY, C0�' A Carl a Medin , own Clerk RESOLUTION NO. ii% A RESOLUTION APPROVING AN ADVANCED METERING INFRASTRUCTURE AGREEMENT WITH SENSUS USA INC. WHEREAS, the Town of Firestone desires to license, install and implement software for Town water metering operations; and WHEREAS, an advanced metering infrastructure agreement for such software and related services have been proposed between the Town and Sensus USA Inc.; and WHEREAS, the Board of Trustees has determined that the advanced metering infrastructure agreement is in the best interests of the Town and its citizens and desires to enter into such agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Advanced Metering Infrastructure Agreement ("Agreement") between the Town of Firestone and Sensus USA Inc. 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, except that the Mayor and Town Manager are hereby further granted the authority to negotiate and approve such revisions to said Agreement as the Mayor and Town Manager 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 , 2017. ToN� N +r SEA ;� {o na, Town Clerk TOWN OF FIRESTONE, COLORADO )A`� TZA-- Paul Sorensen, ayor sensus Advanced Metering Infrastructure (AMI) Agreement between Town of Firestone ("Customer") and Sensus USA Inc. ("Sensus") IN WITNESS WHEREOF, the parties have caused this AMI Agreement ("Agreement") to be executed by their duly authorized representatives as of the day and year written below. The date of the last party to sign is the "Effective Date." This Agreement shall commence on the Effective Date and continue for: 5 Years ("Initial Term"). At the end of the Initial Term, this Agreement shall automatically renew for an additional term of 5 years ("Renewal Term"). The "Term" shall refer to both the Initial Term and the Renewal Term. The Term is subject to all provisions hereof regarding expiration, termination and annual appropriation. Sensus USA Inc. By: Name: Title: Date: Customer: Town of Firestone, a Colorado municipal corporation By: Paul Sorensen, Mayor Date. ATTEST: By: _ Carissa Medina, Town Clerk Contents of this Agreement: AMI Agreement Exhibit A Software Exhibit B Technical Support CONFIDENTIAL I Page 1 of 11 sEnsus AM]Agreement Equipment. A. Purchase of Equipment. Customer shall purchase all Field Devices, RF Field Equipment and other goods (collectively, "E ui men ") from Sensus' authorized distributor pursuant to the terms and conditions (including any warranties on such Equipment) agreed by Customer and Sensus' authorized distributor. This Agreement shall not affect any terns and conditions, including any warranty terms, agreed by Customer and Sensus' authorized distributor. If Customer elects to purchase any equipment or services directly from Sensus, or if Customer pays any fees or other costs to Sensus, then Sensus' Terms of Sale shall apply. The "Terms of Saleare available at htto:llna.sensus.00m[TC/TermsConditions.odf, or 1$00-METER-IT. B. THERE ARE NO WARRANTIES IN THIS AGREEMENT, EXPRESS OR IMPLIED. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES ANDIOR CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND TITLE. 2. Services. A. Installation of Equipment. Installation services will be as agreed between the Customer and Sensus' authorized distributor. Sensus will not provide installation services pursuant to this Agreement. B. Software Implementation. Sensus shall install and configure the Software on the Server Hardware. C. IT Systems Integration Services. Integration of the Software into Customer's now or existing internal IT systems is not included in this Agreement Any integration work shalt be subject to a separate agreement which describes the scope and pricing for such work. D. Technical Support. Sensus shall provide Customer the technical support set forth in Exhibit B. E. Project Management. Project management of the AMI System is not included in this Agreement Any project management shall be subject to a separate agreement which describes the scope and pricing for such work. F. Training. Training on the use of the AM] System is not included in this Agreement. Any training shall be subject to a separate agreement which describes the scope and pricing for such work. Software. A. Software as a Service (SaaS). Sensus shall provide Customer with Software as a Service, as defined in Exhibit A, only so long as Customer is current in its payments for such services. B. UCITA. To the maximum extent permitted by law, the Parties agree that the Uniform Computer Information Transaction Act as enacted by any state shall not apply, in whole or in part to this Agreement Spectrum A. Spectrum Lease. The parties previously entered into the FCC Notification for Spectrum Manager Lease Ownership Disclosure Information and Spectrum Lease Agreement on 9012015 (the "Spectrum Lease"), which is hereby specifically incorporated by reference. General Terms and Conditions. A. Intentionally Omitted B. Limitation of Liability. i. Sensus' aggregate liability in any and all causes of action arising under, out of or in relation to this Agreement, its negotiation, performance, breach or termination (collectively'Causes of Action] shall not exceed the greater of three times the total amount paid by Customer directly to Sensus under this Agreement This is so whether the Causes of Action are in tort, including, without limitation, negligence or strict liability, in contract, under statute or otherwise. As separate and independent limitations on liability, Sensus' liability shall be limited to direct damages. Sensus shall not be liable for, (s) any indirect incidental, special or consequential damages; nor (ii) any revenue or profits lost by Customer or its Affiliates from any End User(s), irrespective whether such lost revenue or profits is categorized as direct damages or otherwise; nor (ii) any In/Out Costs; nor (iii) manual meter read costs and expenses; nor (iv) damages arising from maincase or bottom plate breakage caused by freezing temperatures, water hammer conditions, or excessive water pressure. The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. ii. To the maximum extent permitted by law, no Cause of Action may be instituted by Customer against Sensus more than TWELVE (12) MONTHS after the Cause of Action first arose. In the calculation of any damages in any Cause of Action, no damages incurred more than TWELVE (12) MONTHS prior to the filing of the Cause of Action shall be recoverable. Termination. Either party may terminate this Agreement earlier if the other party commits a material breach of this Agreement and such material breach is not cured within forty-five (45) days of written notice by the other party. Upon any expiration or termination of this Agreement Sensus' and Customer's obligations hereunder shall cease and the software as a service and Spectrum Lease shall immediately cease. Force Majeure. If either party becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill its obligations under this Agreement the obligations affected by the event of Force Majeure will be suspended during the continuance of that inability. The party affected by the force majeure will take reasonable steps to mitigate the Farce Majeure. Intellectual Property, No Intellectual Property is assigned to Customer hereunder. Sensus shall own or continue to own all intellectual Property used, created, and/or derived in the course of performing this Agreement To the extent, if any, that any ownership interest in and to such Intellectual Property does not automatically vest in Sensus by virtue of this Agreement or otherwise, and instead vests in Customer, Customer agrees to grant and assign and hereby does grant and assign to Sensus all right, tiffe, and interest that Customer may have in and to such Intellectual Property. Customer agrees not to reverse engineer any Equipment purchased or provided hereunder. I. Sensus will defend, indemnify and hold harmless Customer from and against any judgment by a court of competent jurisdiction or settlement reached from any litigation instituted against Customer by a third party which alleges that the AMI System provided hereunder infringes upon the patents or copyrights of such third party, provided Customer (i) notifies Sensus in writing within fourteen (14) days of receiving the claim; (5) gives Sensus sole control over its defense or setltlmen( including the right to select counsel; and (iii) provides Sensus with reasonable assistance, cooperation, and information in defending the claim at Sensus' expense. Further, Sensus shall have no liability hereunder if such claim is related to; @ any change, modification or alteration made to the AMI System by Customer or a third party, (0) use of the AMI System in combination with any goods or services not provided by Sensus hereunder, (id) Customer's failure to use the most recent version of the Software or to otherwise take any corrective action as reasonably directed by Sensus, (N) compliance by Sensus with any designs, specifications or instructions provided by Customer or compliance by Sensus with an industry standard, or (v) any use of the AMI System other than for the Permitted Use. Sensus' liability for damages and expenses arising out of an infringement claim under this provision, whether based on theory of contract or tort including negligence and strict liability, shall not be CONFIDENTIAL I Page 2 or 11 sEnsus limited to the amount paid by Customer directly to Sensus. If, as a result of an infringement or misappropriation claim, Customer's use of the AMI System is enjoined by a court of competent jurisdiction or, if in the reasonable opinion of Sensus, the AMI System is likely to become the subject of an infringement daim, Sensus may in its sole discretion and expense, either G) procure the right to continue the use of the AMI System, or (ii) modify or replace the AMI System to make it non -infringing. THIS SECTION STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND SENSUS' ENTIRE LIABILITY FOR ANY CLAIM OF INFRINGEMENT. F. Confidentiality. Both parties shall (and shall cause their employees and contractors to) keep all Confidential Information strictly confidential and shall not disclose it to any third party, except to the extent reasonably required to perform and enforce this Agreement or as required under applicable law, court order or regulation. The Confidential Information may be transmitted orally, in writing, electronically or otherwise observed by either party. Notwithstanding the foregoing, "Confidential Information' shall not include; @ any information that is in the public domain other than due to Recipient's breach of this Agreement; @) any information in the possession of the Recipient without restriction prior to disclosure by the Discloser; or (ii) any information independently developed by the Recipient without reliance on the information disclosed hereunder by the Discloser. 'Discloser' means either party that discloses Confidential Information, and'Recl ten' means either parry that receives it G. Compliance with Laws. Customer shall comply with all applicable country, federal, state, and local laws and regulations, as set forth at the time of acceptance and as may be amended, changed, or supplemented. Customer shall not We any action, or permit the taking of any action by a third party, which may render Sensus Gable for a violation of applicable laws. 1. Export Control Laws. Customer shall; (i) comply with all applicable U.S. and local laws and regulations governing the use, export, import, re-export, and transfer of products, technology, and services; and (4) obtain all required authorizations, permits, and licenses. Customer shall immediately notify Sensus, and immediately cease all activities with regards to the applicable transaction, if the Customer knows or has a reasonable suspicion that the equipment, software, or services provided hereunder may be directed to countries in violation of any export control laws. By ordering equipment, software or services, Customer certifies that it is not on any U.S. government export exclusion list ii. Anti -Corruption Laws. Customer shall comply with the United States Foreign Corrupt Practices Act (FCPA), 15 U.S.C. §§ 78dd-1, at seq.; laws and regulations implementing the OECD's Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; the U.N. Convention Against Corruption; the Inter -American Convention Against Corruption; and any other applicable laws and regulations relating to anti- corruption in the Customer's county or any country where performance of this Agreement, or delivery or use of equipment, software or services will occur. H. Non -Waiver of Rights. A waiver by either party of any breach of this Agreement or the failure or delay of either party to enforce any of the articles or other provisions of this Agreement will not in any way affect, limit or waive that partys right to enforce and compel strict compliance with the same or other articles or provisions. I. Assignment and Sub -contracting. Either party may assign, transfer or delegate this Agreement without requiring the other party's consent; (i) to an Affiliate; (ii) as part of a merger, or (iii) to a purchaser of all or substantially all of its assets. Apart from the foregoing, neither party may assign, transfer or delegate this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. Furthermore, Customer acknowledges Sensus may use subcontractors to perform RF Field Equipment installation, the systems integration work (f applicable), or project management (if applicable), without requiring Customers consent J. Amendments. No alteration, amendment, or other modification shall be binding unless in writing and signed by both Customer and by a vice president (or higher) of Sensus. K. Governing Law and Dispute Resolution. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Colorado. Any and all disputes arising under, out of, or in relation to this Agreement, its negotiation, performance or termination ('Dis vies' shall first be resolved by the Parties attempting mediation in Colorado. If the Dispute is not resolved within sixty (60) days of the commencement of the mediation, it shall be litigated in the state or federal courts located in Colorado. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO A BENCH TRIAL AND THAT THERE SHALL BE NO JURY IN ANY DISPUTES. L. Restriction on Discovery. The Parties acknowledge the abundance of documents, data, and other information stored in an electronic manner and the time and costs associated with retrieving relevant electronic data from the Parties during the Discovery portion of a claim. Accordingly, the Parties shall utilize only printed or hard -copy documents, data, and other information in Discovery and shall not use or request electronic or e-Discovery methods for any claim, demand, arbitration or litigation subject to this Agreement All relevant and unprivileged printed or hard -copy materials shall be subject to Discovery, but neither Party has an obligation to maintain printed or hard -copy files in anticipation of a claim, demand, litigation, or arbitration proceeding. M. Survival. The provisions of this Agreement that are applicable to circumstances arising after its termination or expiration shall survive such termination or expiration. N. Severability. In the event any provision of this Agreement is held to be void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Agreement and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible; and the Agreement, as so modified, will continue to be in full force and effect. 0. Four Comers. This written Agreement, including all of its exhibits, and the Spectrum Lease represents the entire understanding between and obligations of the parties and supersedes all prior understandings, agreements, negotiations, and proposals, whether written or oral, formal or informal between the parties. Any additional writings shall not modify any limitations or remedies provided in the Agreement There are no other terms or conditions, oral, written, electronic or otherwise. There are no implied obligations. All obligations are specifically set forth in this Agreement Further, there are no representations that induced this Agreement that are not included in it The ONLY operative provisions are set forth in writing in this Agreement Without limiting the generality of the foregoing, no purchase order placed by or on behalf of Customer shall alter any of the terms of this Agreement The parties agree that such documents are for administrative purposes only, even if they have terms and conditions printed on them and even if and when they are accepted andlor processed by Sensus. Any goods, software or services delivered or provided in anticipation of this Agreement (for e.g., as part of a pilot or because this Agreement has not yet been signed but the parties have begun the deployment) under purchase orders placed prior to the execution of this Agreement are governed by this Agreement upon its execution and it replaces and supersedes any such purchase orders. P. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the some instrument Additionally, this Agreement may be executed by facsimile or electronic copies, at of which shall be considered an original for all purposes. 0. Subject to Annual Appropriation. Customer's obligation to make payments under this Agreement is from year to year only, and payments by the Customer for future fiscal years are subject to annual budgeting and appropriation in the sole and absolute discretion of the Board of Trustees of the Town of Firestone. Nothing in the Agreement shall be deemed or construed as creating a multiple fiscal year obligation on the part of the Customer within the meaning of Colorado Constiuttion, Article X. Section 20, and the Customer's obligations under the Agreement are expressly conditioned upon annual appropriation by the Board of Trustees. R. No Third Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to Senus and Customer, and nothing contained in this Agreement shall give or allow any such daim or CONFIDENTIAL I Page 3 of 11 sEnsus right of action by any other third party an such Agreement. It is the express intention of the parties that any person other than Sensus or Customer receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. S. Colorado Governmental Immunity Act. The parties understand and agree that the Costumer is retying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently $350,000 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Ad, § 24-10-101 et M. 10 C.R.S., as from time to time amended, or otherwise available to the Customer, its officers, or its employees. Definitions. As used in this Agreement, the following terms shall have the following meanings: A. "Affiliate" of a party means any other entity controlling, controlled by, or under common control with such party, where'controf of an entity means the ownership, directly or indirectly, of 50% or more of either, (s) the shares or other equity in such entity; or (6) the voting rights in such entity. S. "AMI System" identifies the Sensus FlexNet Advanced Meter Infrastructure System oompdsed of the SmarlPoint Modules, RF Field Equipment, Server Hardware, software licenses, FCC licenses, and other equipment provided to Customer hereunder. The AMI System only includes the foregoing, as provided by Sensus. The AMI System does not include goods, equipment, software, licenses or rights provided by a third party or parties to this Agreement. C. 'Confidential Information' means any and all non-public information of either party, including the terns of this agreement, all technical information about either party's products or services, pricing information, marketing and marketing plans, Customer's End Users' data, AMI System performance, AMI System architecture and design, AMI System software, other business and financial information of either party, and all trade secrets of either party. D. 'Echo Transceiver identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them by radio frequency to the relevant FlexNet Base Station. E. "End User means any end user of electricity, water, and%or gas (as applicable) that pays Customer for the consumption of electricity, water, andlr gas, as applicable. F. 'Field Devices' means the meters and SmartPoint Modules. G. 'FlexNet Base Station identifies the Sensus manufactured device consisting of one transceiver, to be located on a tower that receives readings from the SmartPoint Modules (either directly or via an Echo Transceiver) by radio frequency and passes those readings to the RNI by TCPAP backhaul communication. For clarity, FlexNet Base Stations include Metro Base Stations. H. 'Force Majeure means an event beyond a partiys reasonable control, including, without limitation, acts of God, huric ine, flood, volcano, tsunami, tomado, storm, tempest, mudslide, vandalism, illegal or unauthorized radio frequency interference, strikes, lockouts, or other industrial disturbances, unavailability of component parts of any goads provided hereunder, ads of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, restraints or prohibitions by any court, board, department, commission or agency of the United States or any States, any arrests and restraints, civil disturbances and explosion. I. 'Hosted Software means those items listed as an Application in Exhibit A. J. 'IrNQut Costs' means any costs and expenses incurred by Customer in transporting goods between its warehouse and its End User's premises and any costs and expenses incurred by Customer in installing, uninstalling and removing goods. K. 'intellectual Property means patents and patent applications, inventions (whether patentable or not), trademarks, service marks, trade dress, copyrights, trade secrets, know-how, data rights, specifications, drawings, designs, maskmrk rights, moral rights, authors rights, and other intellectual property rights, including any derivalions and/or derivative works, as may exist now or hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under the laws of the United Stales or of any other state, country or jurisdiction, any registrations or applications thereof, and all goodwill pertinent thereto. L. 'LCM identifies the load control modules. M. "Ongoing Fee" means the annual or monthly fees, as applicable, to be paid by Customer to Sensus' authorized distributor during the Term of this Agreement. N. 'Patches means patches or other maintenance releases of the Software that correct processing errors and other taut and defects found previous versions of the Software, For clarity, Patches are not Updates or Upgrades. 0. 'Permitted Use" means only for reading and analyzing data from Customer's Field Devices in the Service Territory. The Permitted Use does not include reading third party meters or reading meters outside the Service Territory. P. 'Release means both Updates and Upgrades. 0. 'Remote Transceiver identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them directly to the RNI by TCPAP backhaul communication. R. 'RFField Equipment' means, collectively, FlexNet Base Stations, Echo Transceivers and Remote Transceivers. S. 'RNr identifies the regional network interfaces consisting of hardware and software used to gather, store, and report data collected by the FlexNet Base Stations from the SmartPoint Modules. The RN I hardware specifications will be provided by Sensus upon written request from Customer. T. 'RNI Software identifies the Sensus proprietary software used in the RNI and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the terms of this Agreement. U. 'Service Territory identifies the geographic area where Customer provides electricity, water, and%or gas (as applicable) services to End Users as of the Effective Date. This area will be described on the propagation study in the parties' Spectrum Lease filing with the FCC . V, 'Server Hardware' means the RNI hardware. W. 'SmartPoint" Module identifies the Sensus transmission devices installed an devices such as meters, distribution automation equipment and demandfresponse devices keeled at Customer's End Users' premises that take the readings of the meters and transmit those readings by radio frequency to the relevant FlexNet Base Station, Remote Transceiver or Echo Transceiver. X. 'Software' means all the Sensus proprietary safiwdre provided pursuant to this Agreement, and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the terms of this Agreement. The Software does not include any third party software. Y. 'TouchCoupler Unlf identifies an inductive coupler connection from a water register to the SmartPoint Module. Z. "Updates' means releases of the Software that constitute a minor improvement in fundionality. AA, 'Upgrades means releases of the Software which constitute a significant improvement in functionality or architecture of the Soflvrare. BB. "WAN Backhaul" means the communication link between FlexNet Base Stations and Remote Transceivers and RNI. CONFIDENTIAL I Page 4 of 11 sEnsus Exhibit A Software Software as a Service I. Description of Services This exhibit contains the details of the Software as a Service that Sensus shall provide to Customer if both; (i) pricing for the application of Software as a Service has been provided to the Customer, and (ii) the Customer is current in its payments for such application of Software as a Service. A. Software as a Service Generally. Software as a Service is a managed service in which Sensus will be responsible for the day -today monitoring, maintenance, management, and supporting of Customers software applications. In a Software as a Service solution, Sensus owns all components of the solution (server hardware, storage, network equipment, Sensus software, and all third -party software) required to run and operate the application. These software applications consist of the following (each an "Application"): • Regional Network Interface (RNI) Software • Sensus Analytics o Enhanced Package The managed application systems consist of the hardware, Sensus Software, and other third -party software that is required to operate the software applications. Each Application will have a production, and Disaster Recovery (as described below) environment. Test environments are not provided unless otherwise specifically agreed by Sensus in writing. Sensus will manage the Applications by providing 24 x 7 x 365 monitoring of the availability and performance of the Applications. B. Usage License. Subject to all the terms and conditions of this Agreemenl, Sensus hereby gives Customer a license under Sensus' intellectual property rights to use the Sensus Applications for the Permitted Use for so long as Customer is current in its payments for the Applications ("Usage License"). This Usage License shall commence on the Effective Date and shall terminate upon the earlier of, @ the expiration or termination of this Agreement for any reason; (i) if Customer uses the Applications provided hereunder other than for the Permitted Use; and (in) the Application is terminated as set forth below. C. Termination of Software as a Service. Customer shall have the option at any time after full deployment but before the end of the Term to terminate any Application by giving Sensus one hundred twenty (120) days prior written notice. Such notice, once delivered to Sensus, is irrevocable. Should Customer elect to terminate any Application, Customer acknowledges than (a) Customer shall pay all applicable fees, including any unpaid Software as a Service fees; and (b) Software as a Service for such Application shall immediately cease. If Customer elects to terminate the RNI Application in the Software as a Service environment but does not terminate the Agreement generally, then upon delivery of the notice to Sensus. Customer shall purchase the necessary (a) RNI hardware and (b) RNI software license, each at Sensus' then -current pricing. No portion of the Software as a Service tees shall be applied to the purchase of the RNI hardware or software license. D. "Software as a Service" means only the following services; i. Sensus will provide the use of required hardware, located at Sensus' or a third-parVs data center facility (as determined by Sensus), that is necessary to operate the Application. ii. Sensus will provide production and disaster recovery environments for Application. iii. Sensus will provide patches, updates, and upgrades to latest Sensus Hosted Software release. iv. Sensus will configure and manage the equipment (server hardware, routers, switches, firewalls, etc.) in the data centers: a. Network addresses and virtual private networks (VPN) b. Standard time source (NTP or GPS) c. Security access points d. Respond to relevant alarms and notifications V. Capacity and performance management. Sensus will: a. Monitor capacity and performance of the Application server and software applications 247 using KPI metrics, thresholds, and alerts to proactively identify any potential issues related to system capacity andlor performance (i.e. database, backspool, logs, message broker storage, etc.) b. If an issue is identified to have a potential impact to the system, Sensus will open an incident ticket and manage the ticket through resolution per Exhibit B. Technical Support c. Manage and maintain the performance of the server and perform any change or configuration to the server, In accordance to standard configuration and change management policies and procedures. d. Manage and maintain the server storage capacity and performance of the Storage Area Network (SAN), in accordance to standard confguradon and change management policies and procedures. e. Exceptions may occur to the system that require Sensus to take immediate action to maintain the system capacity and performance levels, and Sensus has authority to make changes without Customer approval as needed, in accordance to standard configuration and change management policies and procedures. vi. Database management. Sensus will: a. Define data retention plan and policy. b. Monitor space and capacity requirements. c. Respond to database alarms and notifications. d. Install database software upgrades and patches. e. Perform routine database maintenance and cleanup of database to improve capacity and performance, such as rebuilding indexes, updating indexes, consistency checks, run SOL querylagent jobs, etc. vii. Incident and Problem Management Sensus will: a. Proactively monitor managed systems (247465) for key events and thresholds to proactively detect and identify incidents. b. Respond to incidents and problems that may occur to the Application(s). c. Maintain policies and procedures for responding to incidents and performing root cause analysis for ongoing problems. d. Correlate incidents and problems where applicable. e. Sensus personnel will use the Salesforce Self Service Portal to document and track incidents. f. In the event that a Sensus personnel is unable to resolve an issue, the issue will be escalated to the appropriate Subject Matter Expert (SME). g. Maintain responsibility for managing incident and problems through resolution and will coordinate with Customer's personnel and/or any required third -party vendor to resolve the issue. CONFIDENTIAL I Page 5 or 11 sEnsus h. Provide telephone support consistent with Exhibit B, Technical Support in the case of undetected events. viii. Security Management Sensus will: a. Monitor the physical and cyber security of the server and Application(s) 247 to ensure system is highly secure in accordance with NIST Security Standards. b. Perform active intrusion prevention and detection of the data center network and firewatls, and monitor logs and alerts. c. Conduct period penetration testing of the network and data center fadlities. d. Conduct monthly vulnerability scanning by both internal staff and external vendors. e. Perform Anti -Vitus and Malware patch management on all systems. f. Install updates to virus protection software and related files (including Virus signature files and similar files) on all servers from the update being generally available from the anti -virus software provider. g. Respond to any potential threat found on the system and work to eliminate Virus or Malware found. h. Sensus adheres to and submits certification to NERC/CIP Cyber Security standards. i. Sensus actively participatesimonitors industry regulation/standards regarding security — NERC, FERC, NEST, OpenSG, etc. through the dedicated Sensus Security team. j. Provide secure web portal access (SSQ to the Application(s). ix. Backup and Disaster Recovery Management. Sensus will: a. Perform daily backups of data providing one (1) year of history for auditing and restoration purposes. b. Back-up and store data (on tapes or other storage media as appropriate) off -site to provide protection against disasters and to meet file recovery needs. c. Conduct incremental and full back-ups to capture data, and changes to data, on the Application(s). d. Sensus will replicate the Application(s) environments to a geographically separated data center location to provide a full disaster recovery environment for the Appfrcation production system. e. Provide disaster recovery environment and perform fail -over to DR environment within forty-eght (48) hours of declared event I. Generate a report following each and any disaster measuring performance against the disaster recovery plan and identification of problem areas and plans for resolution. g. Maintain a disaster recovery plan. In the event of a disaster, Sensus shall provide the services in accordance with the disaster recovery plan. h• In the case of a disaster and loss of access to or use of the Application. Sensus would use commercially reasonable efforts per the Recovery Time Objectives and Recovery Point Objectives specified herein to restore operations at the same location or at a backup location within forty-eight (48) hours. I. The Application shall have a Recovery Time Objective (RTO) of forty-eight (48) hours. j. The Recovery Point Objective (RPO) shall be a full recovery of the Application(s), with an RPO of one (1) hours, using no more than a twenty- four (24) hour old backup. All meter -related data shall be pushed from each Base StatioruTGB restoring the database to real-time minus external interfaced systems from the day prior. k. Data from external interfaced systems shall be recreated within a forty-eight (48) hour period with the assistance of Customer persanrnel and staff, as needed. Customer Responsibilities: i. Coordinate and schedule any changes submitted by Sensus to the system in accordance with standard configuration and change management procedures. ii. Participate in all required configuration and change management procedures. 5, Customer will log incidents related to the managed Application with Sensus personnel via email, web portal ticket entry, or phone call. iv. Responsible for periodic processing of accounts or readings (i.e. billing files) for Customer's billing system for billing or other analysis purposes. V. Responsible for any field labor to troubleshoot any SmartPoint modules or smart meters in the field in populations that have been previously deployed and accepted. vi. First response labor to troubleshoot FlexNet Base Station, Echo Transceivers, Remote Transceivers or other field network equipment A. Responsible for local area network configuration, management, and support viii. Identify and research problems with meter reads and meter read performance. ix. Create and manage user accounts. X. Customize application configurations. xi. Support application users. xii. Investigate application operational issues (e.g. meter reads, reports, alarms, etc.). xiii. Respond to alarms and notifications. xiv. Perform firmware upgrades over -the -air, or delegate and monitor field personnel for on -site upgrades. F. "Software as a Service" does not include any of the following services: I. Parts or labor required to repair damage to any field network equipment that is the result of a Force Majeure event. ii. Any integration between applications, such as Heris MeterSense, would require a Professional Services contract agreement to be scoped, submitted. and agreed in a signed writing between Sensus and ail the applicable parties. If an item is not listed in subparagraphs in item (D) above, such item is excluded from the Software as a Service and is subject to additional pricing. Further Agreements A. System Uptime Rate I. Sensus (or its contractor) shall manage and maintain the Applicafion(s) on computers owned or controlled by Sensus (or its contractors) and shall provide Customer access to the managed Applications) via intemet or point to point connection (i.e., Managed-Aocess use), according to the terms below. Sensus endeavors to maintain an average System Uptime Rate equal to ninety-nine (99.0) per Month (as defined below). The System Uptime Rate, cumulative across all Applications, shall be calculated as follows: System Uptime Rate = 100 x (TMO —Total Non -Scheduled Downtime minutes in the Month TMO I. Calculations a. "targeted Minutes of Operation" or "TMO" means total minutes cumulative across all Applications in the applicable month ("Month) minus the Scheduled Downtime in the Month. CONFIDENTIAL I Page 6 of 11 s sEnsus b. "Scheduled Downtime" means the number of minutes during the Month, as measured by Sensus, in which access to any Application is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice (via email or otherwise) at least seven (7) days in advance of commencement of the Scheduled Downtime. c. "Mort -Scheduled Downtime" means the number of minutes during the Month, as measured by Sensus, in which access to any Application is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions, as defined below (e.g., due to a need for unplanned maintenance or repair), ii. Exceptions. "Exceptions" mean the following events: a. Face Majeure; b. Emergency Work, as defined below; and c. Lack of Internet Availability, as described below. L Emergency Work. In the event that Force Majeure, emergencies, dangerous conditions or other exceptional circumstances arise or continue during TMO. Sensus shall be entitled to take any actions that Sensus, in good faith, determines is necessary or advisable to prevent, remedy, mitigate, or otherwise address actual or potential harm, interruption, loss, threat, security or like concern to any of the Application(s) ("Emergency Work"). Such Emergency Work may include, but is not limited to: analysis, testing, repair, maintenance, re -setting and other servicing of the hardware, cabling, networks, software and other devices, materials and systems through which access to and/or use of the Application(s) by the Customer is made available (the "Managed Systems"). Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible. ii. Lack of Internet Availability. Sensus shall not be responsible for any deterioration of performance attributable to latencies in the public Internet or point-to-point network connection operated by a third party. Customer expressly acknowledges and agrees that Sensus does not and cannot control the flow of data to or from Sensus' networks and other portions of the Internet, and that such flow depends in part on the performance of Intemel services provided or controlled by third parties, and that at times, actions or inactions of such third parties can impair or disrupt data transmitted through, and/or Customers connections to, the Internet or point-to-point data connection (or portions thereof). Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot guarantee that such events will not occur. Accordingly. Sensus disclaims any and all liability resulting from or relating to such events. Data Center Site -Security. Although Sensus may modify such security arrangements without consent or notice to Customer. Customer acknowledges the following are the current arrangements regarding physical actress to and support of the primary hardware components of the Managed Systems: I. the computer room(s) in which the hardware is installed is accessible only to authorized individuals. ii. Power infrastructure includes one or more unintemrptible power supply (UPS) devices and diesel generators or other alternative power for back-up electrical power. iii. Air-conditioning facilities (for humidity and temperature controls) are provided in or for such computer rooms) and can be monitored and adjusted for humidity and temperature settings and control. Such air systems are supported by redundant, back-up and/or switch-0ver environmental units. iv. Such electrical and AIC systems are monitored on an ongoing basis and personnel are available to respond to system emergencies (f any) in real time. v. Dry pipe pre -action fire detection and suppression systems are provided. vi. Data circuits are available via multiple providers and diverse paths, giving access redundancy. Responsibilities of Customer i. Customer shall promptly pay all Software as a Service fees. ii. Customer may not (i) carelessly, knowingly, intentionally or maliciously threaten, disrupt, harm, abuse or interfere with the Application(s), Managed Systems or any of their functionality, performance, security at integrity, nor attempt to do so; @i) impersonate any person or entity, including, but not limited to, Sensus, a Sensus employee or another user, or (III) forge, falsify, disguise or otherwise manipulate any identification information associated with Customer's access to or use of the Application(s). iii. The provisioning, compatibility, operation, security, support, and maintenance of Customers hardware and software ("Customers Systems") is exdusively the responsibility of Customer. Customer is also responsible, in particular, for correctly configuring and maintaining O the desktop environment used by Customer to access the Application(s) managed by Sensus; and (ii) Customers network router and firewall, if applicable, to allow data to flow between the Customers Systems and Sensus' Managed Systems in a secure manner via the public Internet IV. Upon receiving the system administrator account from Sensus, Customer shall create usemame and passwords for each of Customers authorized users and complete the applicable Sensus registration process ("Authorized Users"). Such usemames and passwords will allow Authorized Users to access the Application(s). Customer shall be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customers account, and Sensus will not be liable for any loss, damage or liability arising from Customer's account or any user ID and password pairs associated with Customer. Customer is fully responsible for all acts and omissions that occur through the use of Customers account and any user ID and password pairs. Customer agrees (i) not to allow anyone other than the Authorized Users to have any access to, or use of Customers account or any user ID and password pairs at any time; (si) to notify Sensus immediately of any actual or suspected unauthorized use of Customer's account or any of such user ID and password pairs, or any other breach or suspected breach of security, restricted use or confidentiality; and (iii] to take the Sensus-recommended steps to log out from and otherwise exit the Application(s) and Managed Systems a1 the end of each session. Customer agrees that Sensus shall be entitled to rely, without inquiry, on the validity of the user accessing the Application(s) application through Customers aocounL account ID, usemames or passwords. V. Customer shall be responsible for the day-to-day operations of the Application(s) and AM] System. This includes, without limitation, (i) researching problems with meter reads and system performance, (ii) creating and managing user accounts, (in) customizing application configurations, (iv) supporting application users, (v) investigating application operational issues, (vi) responding to alarms and notifications, and (vii) performing over -the -air commands (such as firmware updates or configuration changes). III. Sensus Analytics A. Essential Package. The Essential Package of the Sensus Analytics Application shall consist of the following modules: I. Device Access a. Allows search for meter details by using data imported from the Billing system or the Sensus Device ID or AMI ID. b. Allows a view of the meter interval or register reads. c. Meter data is available to be copied, printed, or saved to certain user programs or file formats, specifically CSV, PDF, and Spreadsheet d. Allows the current and historical data to be viewed. e. Allows the current usage to be compared to historical distribution averages. I. Allows the user to see the meter location on a map view. g. Allows notifications for an event on a single meter to be forwarded to a Customer employee. h. Allows details to be viewed about a meter— (dependent on the data integrated from other systems). ii. Meter Insight (provides the following) CONFIDENTIAL I Page 7 of ii �■ sEnsus a. # of active meters. b. # of orphaned meters with drill down to the list of meters. c. # of inactive meters with drill down to the list of meters. d. # of stale meters with drill down to the list of meters. e. # of almost stale meters with drill down to the list of meters. f. # of meters where no read is available with drill down to the list of meters. g. # of meters with high threshold exceptions with drill down to the list of meters. h. # of unknown radios with drill down to the list of meters. iii. Report Access a. Allows the user to see meter alarms and choose a report from a list of standard reports. b. Master Route Register Reads: Shows the latest reads for all meters within specified time window. c. Meter Route Intervals Reads: Allows users to inspect intervals of a single meter over a period of time. d. Master Route No Readings: List all meters that are active in the system, but have not been sending reads within the specified time window. e. Consumption Report List meters' consumption based on meter readings within the specified time Window. I. Zero Consumption for Period: List meters whose readings do not change over a period of time. g. Negative Consumption: Shows the number of occurrences and readings of negative consumption for the last 24hr, 48hr and 72hr from the entered roll up date. h. High Low Exception Report: Displays meters whose reads exceed minimum orland maximum threshold, within a time range. i. Consumption vs Previous Reported Read: Compares latest reading (from RNI) with last known read received from CIS. j. Consumption Exception 24 hour Report: This report shows meters that satisfy these two conditions: (1) The daily average consumptions exceed entered "daily consumption threshold;" (2) The number of days when daily thresholds are exceeded are greater than the entered " exception per day threshold." k. Endpoint Details: Shows the current state of meters that are created within the specified time range. I. Orphaned Meters: List meters that are marked as 'orphaned', which are created as of entered "Created as of" parameter. m. Billing Request Mismatch: Displays meters in a billing request that have different AMR id with the ones sent by RNI. It also shows AMR Id in billing request that have different meter Id in the RNI. n. Users need to enter which billing request file prior to running the report o. Alarms Report List all alarms occurred during a time window. Users can select which alarm to show. iv. Billing Access a. Initiate the creation of billing export files formatted to the import needs of the billing system. b. Receive billing request files from the billing system to identify what meters to include in the billing export file in the case where billing request file option is used. c. Provides a repository of past billing files that were either used for billing preparation or actually send to the billing system. d. Will store created billing files for a period of three years unless otherwise denoted. e. The system will allow creation of test files before export to the billing system. V. Billing Adaptor a. The underlying eonfigurator and tools mapping the extraction of billing data to enable integration to the utility's billing system. vi. Data Store a. Allows storage of meter reading data including Intervals, Registers, and Alarms to be stored. b. Stored data is available online for reports and analysis. c. Data will be retained for 3 years. Additional duration can be purchased. B. Enhanced Package. The Enhanced Package shall consist of the modules listed above in the Essential Package, as well as the following additional modules: i. Alarm Dashboard a. Allows the user to summarize and filter alarms by a date range. b. Allows the user to review all alarm types on a single screen. c. The user can filter out the alarms not wanted on fhe screen. d. Alarm totals can be visualized. e. Adds a view of trending alarms over time. f, Click to drill down on an alarm to gain more information on specific events. g. Click to analyze a specific event on a particular device. ii. Alarm Console a. Follow real time monitors of the alarms coming from Customer's meters. b. Provides a single view for all alarms across the entire network. c. Allows the user to view trending of each alarm over time. iii. Alert Manager a. Allows creation of alert groups who will be notified when an alarm occurs. b. Users can manage alert groups by adding and removing group members. c. Allows setection of notification method for how end users in the group will be notified; email or SMS (text message). d. Allows creation of an alert from the available system events from smart points and assign to a group. e. Monitors the systems meters for events. When an event is triggered, all users in the group will be notified. D. Integration of Sensus Anafytics. Sensus shall provide integration support services to Customer only to the extent specifically provided below: L Sensus shall provide Customer with a simple fiat file specification known as VFlex for the integration of the Customers back office system to the Sensus Analytics modules. This flat file may be delimited or fixed width. This specification allows Customer to transmit each day or as needed: the devices and end users in the system, end user status, end user account information, end user name, and other end user details. When sent to the Sensus FTP servers, this file exchange will enable the system to become operational with the Customers systems. Customer shall produce this file and transmit it to the FTP location designated by Sensus. Sensus will provide reasonable support to explain to Customer the required vs. optional fields that are in the specification, testing and validation of the file format and content a. In scope of the included integration efforts is the mapping the Customers fields to the VFlex specification. b. Out of scope and subject to additional charges will be the transformation of data where business logic including code must be written to modify the field content or format of the data to meet the VFlex specification. ii. Sensus' integration services consists of four (4) hours of assistance (remote or on site, as determined by Sensus). If additional time is needed to complete the integration efforts. Sensus shall invoice Customer for additional fees on an actual time and materials basis. CONFIDENTIAL I Page 8 of 11 sEnsus iii. If an item is not listed in subparagraphs (1) or (it) above, such item is excluded from the integration of Sensus Analytics Support and Is subject to additional pricing. Data Import. The Sensus Analytic Application contains adapters for the import of data from; (a) Customer's FlexNet AM) System; andlor (b) AutoRead application for handheld and drive by systems, as applicable. Customer Acknowledgements. i. Customer acknowledges that the Sensus Analytic Application provides up to fifty (50) user logins for Customer's use. ii. Customer acknowledges and agrees the Sensus Analytics Application is based upon the actual number of End Users within Customer's Service Territory. Pricing may increase if Customer's Service Territory or actual number of End Users expands. iii. Customer acknowledges that all data related to the Sensus Analytics Applications is geographically hosted within the United States of America. Customer accepts the geographic location of such hosting. iv. Customer acknowledges and agrees that the Intellectual Property provisions of this Agreement apply in all respects to Customer's access to and use of the Sensus Analytics Applications. V. Customer is responsible for validating the data analyzed by the Sensus Analytics Applications. Sensus makes no promises of improving Customer's operations or saving Customer money, nor is Sensus liable for any damages resulting from decisions made by Customer related to Customer's use of Sensus Analytic. IV. Third Party Software. A. RedHat Linux. If Sensus is providing Customer with a license to use RedHat Linux Software, Customer agrees to the following: By entering into this Agreement, Customer agrees to abide by and to be legally bound by the terms and oonditions of the Red Hat End User License Agreements identified below, each of which are incorporated into this Agreement by reference and are available at the websites identified below. Please read the Red Hat End User License Agreements and incorporated references carefully. Subscription: End User License Agreement Red Hat Enterprise Linux hftp:llwww.redhatcomAicenseslrhel Om_eula.html JBoss Enterprise Middleware http:/Avww.redhatcomAicensesflboss_eula.html CONFIDENTIAL I Page 9 of I sEnsus Exhibit 8 Technical Support Introduction Sensus Technical Services provides utility customers with a single point of contact for Tier 1 support of technical issues as well as any coordination of additional resources required to resolve the issue. Requests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis. II Technical Services has exhausted all troubleshooting efforts for the product type, the issue wig escalate to the Engineering Support Team. Occasionally, on -site troubleshootinglanalysis may be required. The preferred order of on -site support is: a) The Customer (for assistance with the easiest and lowest time-consuming activities such as power onlpower oft). b) The local distributor. c) Sensus employees or contracted personnel, if required to fulfill a contract commitment 2. Support Categories 2.1. General questions regarding functionality, use of product how-to, and requests for assistance on Sensus AMR, AMI, RF Network Equipment, Metering Products and Sensus Lighting Control. 2.2, Proactive reporting and resolution of problems. 2.3, Reactive reporting to isolate, document, and solve reported hardwarelsoftware defects. 2.4. Responding to service requests and product changes. 2.5. Addressing customer inquiries with printed or electronic documentation, examples, or additional explanatfonlcadficabon. 3. Support Hours 3.1. Standard Support Hours: To11-free telephone support (laO-638.3748 option #2) is available Monday thru Friday from 8:00AM EST to 8:OOPM EST. After- hours, holiday and weekend support for Severity 1 and Severity 2 issues is available by calling 1-800-638-3748, option #8. 4. Support Procedures 4.1. Customer identifies an issue or potential problem and calls Technical Services at 1-800-638.3748 Option #2. The Customer Service Associate or Technical Support Engineer will submit a Support ticket. 4.2, The Customer Service Associate or Technical Support Engineer will identify the caller name and utility by the assigned software seriat number, city, and state in which the call originated. The nature of the problem and severity levels will be agreed upon by both parties (either at the Gme the issue is entered or prior to upgrading or downgrading an existing issue) using the severity definitions below as a guideline. The severity level is then raptured into a support ticket for creation and resolution processing. Any time during the processing of this ticket, if the severity level is changed by Sensus, the customer will be updated. Severity Levels Description: Sev1 Customers production system is down. The system is unusable resulting in total disruption of work. No workaround is available and requires Immediate attention. Example: Network mass outage, all reading collection devices inoperable, inoperable head end software (e.g., RNI Software, Sensus MDM). Sev2 Major system featurelfunction failure. Operations are severely restricted; there is a major disruption of work, no acceptable work -around is available, and failure requires immediate attention. Examples: Network equipment failure (e.g., FlexNet Echo, FlexNet Remote, Base Station transceiver, or VG8); inoperable reading devices (e.g., AR5500, VXU, VGB, or CommandUnk); head end software application has important functionality not working and cannot create export file for billing system operations. Sava The system is usable and the issue doesn't affect critical overall operation. Example: Minor network equipment failure (e.g., Echo/Remote false alarms or Base Station transceiver false alarms); head end software application operable but reports are not running properly, modification of view or some noncritical function of the software is not running. Sev4 Minor system issues, questions, new features, or enhancement requests to be corrected in future versions. Examples: Minor system issues, general questions, and "How -To' questions. 4.3. The Customer Service Associate or Technical Support Engineer identifies whether or not the customer is on support. If the customer is not on support, the customer is advised of the service options as well as any applicable charges that may be billed. 4.4. Calls are placed in a queue from which they are accessible to Technical Support Engineers on a first -come -first -serve basis. A first level Customer Service Associate may assist the customer, depending on the difficulty of the call and the representative's technical knowledge. Technical Support Engineers (Tier 1 support) typically respondlresolve the majority of calls based on their product knowledge and experience. A call history for the particular account is researched to note any existing pattern or it the call is a new report This research provides the representative a basis and understanding of the account as well as any associated problems andlor resolutions that have been communicated. a. Technical Services confirms that there is an issue or problem that needs further analysis to determine its cause. The following information must be collected: a detailed description of the issue's symptoms, details on the softwareRhardware product and version, a description of the environment in which the issue arises, and a list of any corrective action already taken. b. Technical Services will check the internal database and product defect tracking system, to see if reports of a similar problem exist, and if any working solutions were provided. If an existing resolution is found that will address the reported issue, it shall be communicated to the customer. Once it is confirmed that the issue has been resolved, the ticket is dosed. C. If there is no known defect or support that defines the behavior, Technical Services will work with the customer to reproduce the issue. If the issue can be reproduced, either at the customer site or within support center test lab, Technical Services will escalate the ticket for further investigation ! resolution. If the issue involves units that are considered to be detective with no known reason, the representative will open a Special Investigation RMA through the Support system. If it is determined that a sample is required for further analysis, the customer will be provided with instructions that detail where to send the product sample(s) for a root cause analysis. Once it is determined that the issue cannot be resolved by Tier i resources, the ticket will be escalated to Ter 2 support for confirmation/workarounds to resolve immediate issue. Technical Services will immediately contact the customer to advise of the escalation. The response and escalation times are listed in Section 5. At this time, screen shots, log files, configuration files, and database backups will be created and attached to the ticket. CONFIDENTIAL I Page 10 of 11 census 5. Response and Resolution Targets. Sensus Technical Support will make every reasonable effort to meet the following response and resolution targets: Severity Standard Target Standard Target Resolution Resolution (one or more of the following) Response Immediately assign trained and qualified ' Satisfactory workaround is provided. Services Staff to correct the error on an • Program patch is provided. 1 30 Minutes expedited basis. Provide ongoing . For incorporated into future release. communication on the status of a . Fix or workaround incorporated into the Support correction. Knowledge Base. • Satisfactory workaround is provided. Assign trained and qualified Services • program patch is provided. 2 4 hours Staff to correct the error. Provide . Fix incorporated into future release. communication as updates occur. . Fix or workaround incorporated into the Support Knowledge Base. • Answer to question is provided. • Satisfactory workaround is provided. 3 1 Business Day 90 business days . Fix or workaround incorporated into the Support Knowledge Base. • Fix incorporated into future release. . Answer to question is provided. 4 2 Business Days 12 months F, cur workaround incorporated into the Support Age Base. 6. Problem Escalation Process. 6.1. If the normal support process does not produce the desired results, or if the severity has changed, the issue maybe escalated as follows to a higher level of authority. 6.1.1. Severity 1 issues are escalated by Sales or Technical Services to a Supervisor R not resolved within 2 hours; to the Manager level if not resolved within 4 hours; to the Director level if not resolved within the same business day; and to the VP level if not resolved within 24 hours. 6.1.2. A Customer may escalate an issue by calling 1-800-M8.3748, Option 2. Please specify the Support ticket number and the reason why the issue is being escalated. 6.1.3. In the event that a Customer is not satisfied with the level of support or continual problem with their products, they may escalate a given Support ticket to Manager of Technical Services (1.80D-638-3748, Option 2). General Support Provisions and Exclusions. 7.1. Sensus provides online documentation for Sensus products through the Sensus User Forum(nttpJ]myflexnetsystem.com/ModuleAJser/Login). All Sensus customers are provided access to this online database, which includes operation, configuration and technical manuals. Sensus also hosts periodic user group teleconferences to facilitate the interchange of product ideas, product enhancements, and overall customer experiences. The customer shall provide names and email accounts to Sensus so Sensus may provide access to the Portal. 7.2. Specialized support from Sensus is available on a fee basis to address support issues outside the scope of this support plan or if not covered under another specific maintenance contract For example, specialized systems integration services or out of warranty network equipment repair that is not covered under a separate maintenance contract. CONFIDENTIAL I Page 11 of 11 RESOLUTION NO. ► j�yT A RESOLUTION ESTABLISHING A POLICE FACILITY TASK FORCE TO PROVIDE ADVISORY RECOMMENDATIONS ON THE PROPOSED NEW TOWN OF FIRESTONE POLICE FACILITY WHEREAS, the Town strives to be both effective and efficient with public outreach, public involvement and notification for Town projects; and WHEREAS, the Board of Trustees and the Town staff wants, and encourages and requires citizen input and recommendations on the concepts, plans, processes and financing for a proposed new police facility; and WHEREAS, the Board of Trustees desires to establish a Police Facility Task Force to provide a forum for citizen input and advisory recommendations on a proposed new police facility. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. There is hereby created a Police Facility Task Force. Section 2. The goals of the Task Force shall be to: a. Assist and participate in hosting open houses and workshops to collect and evaluate data and obtain comments from the community. b. Compare and contrast Town of Firestone services and facilities relative to other neighboring communities or communities of similar size. c. Review, assess, obtain input on, and provide input on project goals. d. Review and comment on proposed facility concepts and provide a forum for community input. e. With the staff and consultant team, provide additional recommendations for the new facility. Section 3. The Task Force will consist of community members, who shall be appointed by the Board of Trustees. Members shall be residents of the Town of Firestone having an interest in and knowledge of the topic. Section 4. The Town Manager shall designate appropriate Town staff to facilitate, assist and advise the Task Force as it works to achieve the goals specified above. Section 5. The Task Force shall conclude its work and present its recommendations with a consultant to the Board of Trustees no later than July 2017. Section 6. Unless sooner abolished by a separate resolution, the Task Force shall sunset on July 26, 2017, INTRODUCED, ADOPTED AND RESOLVED THIS DAY OF 2017. TOWN OF FIRESTONE, COLORADO a l Sorensen, Mayor 2 RESOLUTION NO. _q�DP A RESOLUTION APPROVING A LICENSE AGREEMENT WITH ROCKY MOUNTAIN HAM RADIO, INC. FOR PLACEMENT OF A TWENTY-EIGHT FOOT TOWER AND RADIO TRANSMISSION FACILITY ON TOWN -OWNED PROPERTY WHEREAS, Rocky Mountain Ham Radio, Inc. ("Rocky Mountain Ham Radio") desires to install on Town -owned property for amateur radio service a twenty-eight foot tower and radio transmission facility consisting of antennae and associated equipment at the Town -owned Public Works facility located at 7500 County Road 20, Firestone, Colorado; and WHEREAS, the Town is willing to grant Rocky Mountain Ham Radio a license for such purpose, in the form of license agreement accompanying this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: I. The proposed License Agreement ("Agreement") between the Town of Firestone and Rocky Mountain Ham Radio, Inc. for the installation of a twenty-eight foot tower and radio transmission facility consisting of antennae and associated equipment on Town -owned property is hereby approved in essentially the same form as the copy of such Agreement accompanying this Resolution. 2. The Mayor is authorized to execute the Agreement, except that the Mayor is hereby granted the authority 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. 3. The Mayor, Town Manager and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Agreement, and to execute and deliver any and all documents necessary to effect the license provided for under such Agreement, upon Rocky Mountain Ham Radio's compliance with its obligations thereunder and all terms and conditions of said Agreement. INTRODUCED, READ AND ADOPTED this day of cb , 2017. � oW �� V A EST: i SFAL j o riss a ina c •NTY. G0� Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen Mayor ROCKY MOUNTAIN HAM RADIO EQUIPMENT LICENSE AGREEMENT This License Agreement ("Agreement") is entered into and effective the I' day of January, 2017, by and between Rocky Mountain Ham Radio Inc., a Colorado corporation whose address is 12244 Applewood Knolls Drive, Lakewood, CO 80215 ("Rocky Mountain Ham Radio"), and the Town of Firestone, Colorado, a Colorado municipal corporation whose address is 151 Grant Avenue, Firestone 80520 (the "Town"). I. Grant of License; Premises. The Town hereby grants to Rocky Mountain Ham Radio a license to place, operate, maintain and repair a twenty-eight foot tower and radio transmission facility consisting of antennas and associated equipment (the "Facilities") at the Town -owned Public Works facility located at 7500 County Road 20, Firestone, CO 80504-6727 (the "Premises"). The exact location of the Facilities on the Premises shall be as designated by the Town. 2. Installation. The Facilities shall be installed in strict compliance with plans and specifications approved by the Town Engineer in writing and in advance of installation. Any changes to the approved plans and specifications shall require the additional, prior written approval of the Town. Rocky Mountain Ham Radio shall also follow and strictly comply with all directions of the Town regarding Rocky Mountain Ham Radio's installation and maintenance of the Facilities. Initial installation of the Facilities and all maintenance and repair work shall be conducted in a manner so as to minimize disruptions to activities and uses of the Town. 3. Limited Use of Premises; Emergency Use. The Premises are licensed to Rocky Mountain Ham Radio only for the express purpose of installation, operation, maintenance and repair of the Facilities. Rocky Mountain Ham Radio shall not permit the Facilities to be used by any other entity or for any other purpose without the prior written approval of the Town, as evidenced by motion or resolution of the Board of Trustees. The Premises shall only be used for amateur radio service as detailed under Chapter 17.58 of the Firestone Municipal Code. In the event of an emergency situation, Rocky Mountain Ham Radio shall cooperate with the Town to allow the Facilities to be used without cost to the Town to provide public safety radio services, announcements or communications. 4. Term. The Term of this License shall be for three years commencing on January I, 2017 ("Commencement Date") and terminating December 31, 2019 ("Expiration Date"). The Town grants to Rocky Mountain Ham Radio the right to renew this Agreement for three (3) additional three (3) year terms on the same terms and conditions as are herein stated, unless otherwise terminated as provided herein, or if Rocky Mountain Ham Radio notifies the Town in writing of its intent to not renew Agreement at least sixty (60) days prior to the Expiration Date of the initial or renewal term. If no written notice is given, this Agreement will automatically renew for an additional three (3) year period. 5. Payment. Rocky Mountain Ham Radio shall be solely responsible at its expense for all costs and expenses related to the installation, operation, maintenance and repair of the Facilities. 6. Premises Taken "As -Is"; Security of Property. Rocky Mountain Ham Radio accepts the Premises in its current configuration and in an "as is" condition, without any implied warranties of habitability, fitness or suitability for Rocky Mountain Ham Radio's purposes. The Town has no obligation to make improvements in order to satisfy the needs of Rocky Mountain Ham Radio. The Town shall have no responsibility, liability, or obligation with respect to the safety or security of the Facilities, or any other property of Rocky Mountain Ham Radio located at or near the Premises, it being acknowledged and understood by Rocky Mountain Ham Radio that the safety and security of the Facilities is the sole responsibility and risk of Rocky Mountain Ham Radio. 7. Ingress and Egress. A. Access to and from the Premises shall be solely along routes designated by the Town. Rocky Mountain Ham Radio may make use of a key provided by the Town for after- hours access; provided, however, that such key shall be used only by persons designated in advance to the Town. The Town may require that Rocky Mountain Ham Radio be accompanied by the Town's personnel during any access to the Premises. Rocky Mountain Ham Radio shall make every effort to coordinate with the Public Works Director in advance of all access to and activities upon the Premises. Rocky Mountain Ham Radio shall maintain at the Premises and make available to the Town a log of all visits to the Premises, including the date of the visit and the names of any Rocky Mountain Ham Radio's employee, agent or contractor visiting the Premises. B. The Town shall have the right to enter into the Premises at any time during the term of this Agreement for any purpose or activity of the Town. If any such entry or activity requires disturbance of the Facilities, the Town shall not be required to repair or replace any such disturbance. Except in the cases of emergency, the Town shall provide Rocky Mountain Ham Radio forty-eight (48) hours advance notice of any activity by the Town that will cause a disturbance to the Facilities. The Town shall have the right to place improvements on the Premises. 8. No Acquired Interest, Easements and Other Interests. A. Rocky Mountain Ham Radio agrees it does not have or claim, and shall not at any time in the future have or claim, any ownership interest or estate in the Premises, or any other interest in real property included in the Premises, by virtue of this Agreement or any occupancy or use of the Premises. B. Without limiting the foregoing, Rocky Mountain Ham Radio shall be solely responsible for obtaining any access easements or similar permissions needed for it to access the site from public rights -of -way. C. Rocky Mountain Ham Radio understands that this Agreement is subject to all easements and other interests of record applicable to the Premises prior to the date of this Agreement. Rocky Mountain Ham Radio shall be solely responsible for coordinating its activities hereunder with the holders of such franchise agreements or of such easements or other interests of record, and for obtaining any required permission for such activities from such holders if required by the terms of such franchises or easements or other interests. 9. Title. The Town represents and warrants to Rocky Mountain Ham Radio that the Town owns the Premises and has full right and authority to enter into this Agreement. 10. Communications Interference. Rocky Mountain Ham Radio acknowledges that the Town and/or its fire district and emergency service providers ("Emergency Service Providers") operate, or may operate, on the Premises and other Town -owned property, radio, telecommunications, and other similar communications facilities and equipment for the purpose of providing municipal services, including but not limited to fire, emergency, and public safety services. Rocky Mountain Ham Radio acknowledges and agrees that Town's use and the Emergency Service Provider's use of such radio, telecommunications, and other similar facilities and equipment shall be paramount and shall take precedence over Rocky Mountain Ham Radio's use, whether the Town's or the Emergency Service Provider's equipment predates or postdates the installation of the Facilities, and that Rocky Mountain Ham Radio's use of the Premises shall not cause interference with the Town's or the Emergency Service Provider's facilities and equipment. The Town shall provide Rocky Mountain Ham Radio with written notice of any claim that the Facilities are the cause of interference to the Town's or the Emergency Service Provider's telecommunications, and other similar communications facilities or equipment, or any of the Town's or the Emergency Service Provider's radio frequency operations. Rocky Mountain Ham Radio shall investigate such claim of interference, working jointly, as may be required, with the Town and/or the affected Emergency Service Provider, and in the event that Rocky Mountain Ham Radio's use is the sole or a contributing cause thereof, Rocky Mountain Ham Radio shall, at its own expense eliminate such interference without modification to the facilities of the Town or the affected Emergency Service Provider. In the event Rocky Mountain Ham Radio is unable to eliminate such interference within 30 days of being notified hereof, the Town at its option may terminate this Agreement. No additional cure period shall apply to any termination under this Section. 11. Permits and Maintenance. Rocky Mountain Ham Radio agrees to take such actions as are necessary to ensure that its Facilities and activities upon the Premises are operated and conducted in a good and safe condition and manner at all times. Rocky Mountain Ham Radio shall maintain the Facilities so as to reasonably resemble and/or blend in appearance with the existing Public Works facility. Rocky Mountain Ham Radio shall be responsible at its expense for securing any approvals required by the Town or any other governmental entities for the installation, operation and maintenance of the Facilities, and for ensuring the same are in full compliance with any approvals required by the Town or such other governmental entities or pursuant to the Firestone Municipal Code. Rocky Mountain Ham Radio acknowledges and agrees that the issuance by the Town of any land use, zoning, building or other permits or approvals for the proposed use are matters subject to the regulatory authority and quasi-judicial or administrative discretion of the Town. No promise of or agreement to the issuance of such approvals and permits have been given or made by the Town. Rocky Mountain Ham Radio further agrees to comply at all times with all applicable laws, rules and regulations in Rocky Mountain Ham Radio's use and occupancy of the Premises. 3 12. Protection of Town Facilities. In the exercise of its rights pursuant to this Agreement, Rocky Mountain Ham Radio shall exercise reasonable care to prevent and avoid any damage to or interference with any of the Town's installations, buildings, structures, utilities, or improvements on, under, or adjacent to the Premises. Rocky Mountain Ham Radio shall cease all such actions causing such damage or interference immediately upon notice from the Town. Rocky Mountain Ham Radio shall be solely responsible for any damages suffered by the Town or others as a result of Rocky Mountain Ham Radio's use and occupancy of the Premises. 13. Taxes. Rocky Mountain Ham Radio acknowledges that the Town's property and improvements are currently exempt from taxation. Rocky Mountain Ham Radio shall pay when due any personal property tax, real property tax or other tax or fee assessed on, or any portion of such taxes directly attributable to, the Facilities. 14. No Waste and Nuisance. During the term of this Agreement, Rocky Mountain Ham Radio shall comply with all applicable laws affecting the Premises, the breach of which might result in any penalty on the Town of forfeiture of the Town's title to the Premises. Rocky Mountain Ham Radio shall not commit, or suffer to be committed, any waste or nuisance on the Premises. 15. Utilities and Liens. If required by the Town, Rocky Mountain Ham Radio shall be responsible for all utilities required by its use of the Premises. Utilities shall be installed only in locations and according to plans approved in advance by the Town. Rocky Mountain Ham Radio shall not permit any mechanic's liens or other liens to be placed upon the Premises or any Town -owned property, and in the case of the filing of the same, will immediately obtain release of such lien. If any lien is not discharged to the satisfaction of the Town within 30 days, the Town shall have the right, but not the obligation, to pay and discharge the same and recover from Rocky Mountain Ham Radio all payments made and all costs, attorneys' fees and other expenses incurred by the Town. 16. Assignment and Subleasing. Rocky Mountain Ham Radio shall not assign or transfer this Agreement, or any interest herein, without the prior written consent of Town, and a consent to an assignment shall not be deemed to be a consent to any subsequent assignment. 17. Notices. All notices, demands or other writings which this Agreement requires to be delivered, or which may be delivered by either party hereto to the other shall be deemed to have been fully delivered, when made in writing and deposited in the United States mail, postage prepaid and delivered to the addresses listed above. Facsimile transmissions & electronic mail with proof of receipt are also means of delivering these communications. Any change of address must be given in writing to either party. 18. Hold Harmless. The Town and its agents and employees shall be held harmless and indemnified by Rocky Mountain Ham Radio from any liability (including, reimbursement of reasonable legal fees and costs) for damages, injury or loss arising out of, resulting from, or in any way connected with, Rocky Mountain Ham Radio's use and occupancy of the Premises, unless such damages are caused by, or are the result of, willful misconduct or negligence of the Town or any of the Town's agents. The Town shall not be liable for damages for Rocky Mountain Ham Radio's service loss, interruption, or other consequential damages of whatever kind or nature, regardless of the cause of such damages and Rocky Mountain Ham Radio, and anyone claiming by and through such party, expressly waives all claims for such damages. 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 or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et. sue., as from time to time amended, or otherwise available to the Town, its agents, or its employees. This Section shall survive the termination or expiration of this Agreement. 19. Insurance. (a) Rocky Mountain Ham Radio, at Rocky Mountain Ham Radio's sole cost and expense, shall procure and maintain on the Premises and on the Facilities, bodily injury and property damage insurance with a combined single limit of at least ONE MILLION DOLLARS ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Rocky Mountain Ham Radio, its employees and agents arising out of or in connection with Rocky Mountain Ham Radio's use of the Premises, all as provided for herein. (b) Rocky Mountain Ham Radio shall also procure and maintain, and shall cause each subcontractor of Rocky Mountain Ham Radio to procure and maintain, the minimum insurance coverages listed below: 1. If required by law, Workers' Compensation insurance as required by the Labor Code of the State of Colorado and Employers Liability Insurance. Evidence of qualified self -insured status may be substituted. 2. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each owned, hired and/or non -owned vehicles assigned to or used in connection with Rocky Mountain Ham Radio's rights or obligations of this Agreement. If Rocky Mountain Ham Radio has no owned automobiles, each officer or employee of the Rocky Mountain Ham Radio entering the Premises shall be required to keep in full force and effect during the term of this Agreement automobile liability and physical damage insurance for any vehicle used on the Premises, in amounts not less than prescribed by the laws of the State of Colorado. (c) Rocky Mountain Ham Radio shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. The coverages required above shall be procured and maintained with forms and insurers acceptable to the Town. All coverages shall be continuously maintained from the date of this Agreement. (d) Rocky Mountain Ham Radio's general liability insurance shall be endorsed to include the Town, and its elected and appointed officers and employees, as additional insureds, 5 unless the Town in its sole discretion waives such requirement. Every policy required above shall be primary insurance, and any insurance carried by the Town, its officers, or its employees, shall be excess and not contributory insurance to that provided by Rocky Mountain Ham Radio. Such policies shall contain a severability of interest provision. Rocky Mountain Ham Radio shall be solely responsible for any deductible losses under each of the policies required above. (e) Certificates of insurance shall be provided by Rocky Mountain Ham Radio as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Town. No required coverage shall be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Town. (f) Failure on the part of Rocky Mountain Ham Radio to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Town may immediately terminate this Agreement, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shal I be repaid by Rocky Mountain Ham Radio within thirty days. 20. Rocky Mountain Ham Radio Improvements. Upon prior written approval of the Town, Rocky Mountain Ham Radio may make such improvements on the Premises as it may deem necessary for the construction, maintenance and operation of a radio transmitter site. 21. Right to Terminate. Either party may terminate this Agreement, with cause, by giving thirty (30) days written notice. This Notice may be by U.S. Postal Service, Facsimile or Electronic Mail provided that the party has verified receipt, in writing, of that Notice to the other party. Valid cause for this Termination consists of failure to perform material duties under the terms of this Agreement. Rocky Mountain Ham Radio may terminate this Agreement, at its option, after giving not less than thirty (30) days' notice to the Town, if: (a) Rocky Mountain Ham Radio determines that technical or interference problems at the Premises or from nearby transmitting facilities, which problems cannot reasonably be corrected, preclude Rocky Mountain Ham Radio from using the Premises for its intended purpose; (b) Rocky Mountain Ham Radio determines that Rocky Mountain Ham Radio doesn't have acceptable and legally enforceable means of ingress and regress to the Premises; (c) Utilities necessary for Rocky Mountain Ham Radio's use of the Premises are not available to the Premises; (d) The Premises are damaged or destroyed to an extent which prohibits or materially interferes with Rocky Mountain Ham Radio's use of Premises or Rocky Mountain Ham Radio's equipment and attachments thereto; The Town may terminate the Agreement on ninety (90) days' written notice by the Town in the event the Town determines to demolish, remodel, reconstruct or use all or a portion of the Premises in a manner the Town in its sole discretion determines will be incompatible with the continuation of the license herein given, or if the Town determines in its sole discretion that the presence of the Facilities adversely affects the Town's use, maintenance or operation of its Public Works facility, or that all or a portion of the Premises is needed for the exclusive use of the Town. 22. Removal of Facilities and Performance Guarantee. No later than sixty (60) days after the termination of this Agreement, by expiration or otherwise, Rocky Mountain Ham Radio will, at its sole expense, remove the Facilities and its personal property and fixtures from the Premises, repair any damage to the Premises, and return the Premises to the Town in good, usable condition, normal wear and tear and casualty excepted. if Rocky Mountain Ham Radio fails to remove the Facilities within sixty (60) days of the termination or expiration of this Agreement, the Town shall notify Rocky Mountain Ham Radio in writing that the Town will remove the Facilities and store the same at Rocky Mountain Ham Radio's expense. Failure of Rocky Mountain Ham Radio to remove the Facilities from storage and to reimburse the Town for any and all reasonable costs actually incurred in such removal and storage ("Costs"), within sixty (60) days of removal of the Facilities, will result in the Facilities being deemed abandoned and title of same will vest in the Town. The Town shall have no obligation or liability to Rocky Mountain Ham Radio in connection with any property or fixtures remaining on the Premises at the expiration of such 60-day period. The duties of Rocky Mountain Ham Radio described in this Section shall survive termination of this Agreement. 23. Binding on Successors. The covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto. 24. Governing Law; Venue. The parties intend that this Agreement and the relationship of the parties shall be governed by the laws of the State of Colorado. In the event of any litigation regarding this Agreement, the parties agree that venue for such action shall be in Weld County, Colorado. 25. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions to this Agreement, either written or oral. This Agreement supersedes any prior written or oral agreements between the parties 26. Hazardous Waste. Rocky Mountain Ham Radio shall not keep any hazardous materials in or about the Premises without prior written consent of the Town, which will be granted or denied in the Town's sole discretion. "Hazardous material" includes but is not limited to asbestos, other asbestotic material (which is currently or may be designated in the future as a hazardous material), any petroleum base products, pesticides, paints and solvents, polychlorinated biphenyl, lead, cyanide, DDT, acids, ammonium compounds, and other chemical products (excluding commercially used cleaning materials in ordinary quantities) and any substance or material defined or designated as a hazardous or toxic substance, or similar term, by any federal, state, or local law. n 27. Relationship Between Parties. Nothing herein contained shall be deemed or constructed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of partnership, or of joint venture between the parties hereto, it being understood and agreed that neither the provisions hereof nor any acts of the parties shall be deemed to create any relationship between the parties hereto other than the relationship of licensor and licensee. 28. Severability. If any section, subsection, or provision of this Agreement or the application thereof shall be held to be invalid and unenforceable for any reason, each remaining section, subsection, term or provision of this Agreement shall be valid or enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date below. TOWN OF FIRESTONE, COLORADO: IIm Paul Sorensen, Mayor DATE: ATTEST: Carissa Medina, Town Clerk ROCKY MOUNTAIN HAM RADIO INC., a Colorado corporation A", TITLE: DATE: ACKNOWLEDGMENT STATE OF COLORADO ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this day of , 2017, by of Rocky Mountain Ham Radio, Inc. Witness my hand and official seal. (SEAL) Notary Public My commission expires: 8 T t 1 , 7 f' t r r r T r r • - _ •r t t-ri-f�•+•# ++i + i '�t 4i+ } + Rocky Mountain Ham Radio } `i1} ++�{{tar` a 1 � +} y +} i � + }# + T }} 10/2/2016 + 1..tt ; s t t t t :ti } 1 +� i ! frY4Y+*}+�±4 i ttYf7i 1f i i�t,I 1 r�}� i{{ } r; F i r # }ti +FiF '"++# FF�i* +# !tr •f S •*+1.. f L L iL T T �}a Yi t.fG°r t# + +t f . i L i ♦}} y l } { L • i i i� ti F- t r�r ff FF• tY � •T �tt� 55' 1 14 f is 1 i i a � i � L� + i � • + � ti i }fltl411:L 204' LU 1 i I i I 11 z }�tT r ii O F • $+ ! + t j ► 40' r + { } is '} .±1, i Ln + 30* } i O of { Cat�o.. i ..} l,.y r4 ! i F 1 7'r I • i-if + 1 I 47'i ,i ili4 }}�4 i i }} 1 t j -4 t if f ' 80, i 1 t FEF{}•{}}t}� i e .4 i l+i} + ►i: I s t 85• k i '. `tfi 1 r- i �• FF• 1 f� �� i i F i {{ c a l i 1 } +r t r 1y{+ - 'yr!}- i # + f t} + �1j` •} k iii T l i i }}F jtjt` .F + t� • { Y f } { { } 4} q} •�• } } ,i .i 1 Ft L 'i't f�4 44.#� Peak of roof is 26'; new addition roof will be 28.5'; recommend tower height of 28' to clear path in all directions Bracket mounted from tower through Bracket wall to steel building support frame Tower placed 5' 8" from j edge or 32" from wall to clear overhang above - L 7500 CR 20, Firestone - west elevation -98' 9" from SW Corner of Bldg No m a ■= ■ ■ ■ ��. ,:s f- Foundation - 3' x 3' x 3' concrete Equipment cabinet: 2x2x3tobeplaced either next to tower or just inside wall next to steel frame mftwvw�—� AT 1 ) ACORO' CERTIFICATE OF LIABILITY INSURANCE 12/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND E TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BET EEN THE ISSUING INSURER(S) AUTHORI ED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed If SUBROGATION IS AIVED sub ect to the terms and conditions of the policy certain policies may re uire an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) PRODUCER CONTACT NAME: Risk Strategies Com antes PHONE (A C No E t: 1 020 FA IA C No): Risk Strategies Companies rz MML 333 W. Wacker Drive Suite 1950 ADORESS:9brelie risk strata los corn PRODUCER CUSTOMERION: Chicago, IL 60606 INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: The Hanover insurance Group INSURED INSURER B: Rocky Mountain Ham Radio 9975 Wadsworth Pkwy, K2-275 Westminster, CO $0021 INSURER C: INSURER D: INSURER E: INSURER F: uuvrHAUE, CFRTIFIUAG NIIMRFR• RFUMI"M NIIMRFR- THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE =u arsu suml w POLICY NUMBER POLICY EFF (MM DD YYYY) POLICY E P (MM DD YYYY) LIMIT$ A GENERAL LIABILITY EACH OCCURENCE $ 1.000.000 X COMMERCIAL GENERAL LIABILITY X DAMAGE TO RENTED PREMISES (Each Occurrence) $ 100.000 CLAIMS -MADE �X OCCUR RSCS214 1011r2010 1011/2017 MED EXP (Any one person) S 10,000 PERSONAL 3 ADV INJURY S 1,000.000 GENERAL AGGREGATE S 2.0W.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG 5 2.000.000 POLICY PRP X LOC 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (EachAccidpnil 5 BODILY INJURY Perperson) S ANY AUTO BODLIY INJURY Per accident $ ALL OWNED AUTOS PROPERTY DAMAGE (Per ecddent) 5 SCHEDULED AUTOS HIRED AUTOS 5 NON.OWNED AUTOS S UMBRELLA LIAS OCCUR EACH OCCURENCE S E CESS LIAR CLAtM&t.IADE AGGREGATE $ DEDUCTIBLE RETENTION S OR ERS COMPENSATION AND EMPLOYERS LIABILITY TORYUMrTS ER E.L. EACH ACCIDENT Y N ANY PROPRIEfOPJPARTNERIEXECUTIVE N A E.L. DISEASE —EA EMPLOYEE S OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S Contents S Deducsitnle S i ■ mlm ■ u oIfMMSpace u ro u Club Civic, Service or Social with respects to the named insured's actions or negligence while using your premises during the policy term is named below as an additional insured. CERTIFICATE HOLDER C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E PIRATION DATE THEREOF NOTICE ILL BE DELIVERED IN The Town of Firestone, CO ACCORDANCE ITH THE POLICY PROVISIONS 151 Grant Ave., P.O. Box 100 Firestone, CO 80520 AUTHORI EDREPRESENTATIVE %Wt 011��,yy� 1 e 201 ACORD CORPORATION All rights reser ed ACORD 2 (201 01) The ACORD name and logo are registered marks of ACORD J14--oS RESOLUTION NO.>K A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR MURPHY EXPRESS AT FIRESTONE CITY CENTRE WHEREAS, there has been submitted to the Board of Trustees a request for approval of a final development plan for Murphy Express at Firestone City Centre; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The final development plan for Murphy Express at Firestone City Centre is hereby approved, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 25`h day of January, 2017. Medina, Town Clerk �f" foWN 410 Ste �Q7 O� O `�h�UNTY, G Paul Sorensen, Mayor EXHIBIT A Final Development Plan Murphy Express at Firestone City Centre Conditions of Approval 1. Address Town Engineer comments memo dated November 11, 2016, attached hereto as Exhibit A-1. 2. Revise FDP to show all above -ground details, including materials and colors, of retaining wall and any fencing or railing on the wall, to be constructed along Firestone Boulevard. The materials and colors for the wall, as well as any fencing, railing and other improvements in such details, shall be subject to review and approval by Town staff. 3. Correct the typo in the Town Approval Block ("Town"). 4. Revise "Aliquot Description" to read "Legal Description." 5. Revise the percentages in the Land Use Table so that they total 100%. 6. Correct discrepancy between the parcel area shown in the Land Use Table and in the Legal Description. 7. Clarify why a category has been included in the Land Use Table for Oil/Gas Well Setback Area, when it appears there is none within the FDP. 8. A title commitment for the property within the FDP needs to be provided to confirm ownership at the time of recording the FDP. 9. Revise title of Sheet 16 to read "Civic Details." 10. Revise the Project Concept section on Sheet 2 to refer to the platted lot. 11. In the Water Demand Calculation section on Sheet 2, fifth line, delete the extraneous "the" at the beginning of the line. 12. In the Circulation section on Sheet 2, revise the end of this section to read `'Murphy Express development" rather than "Developments." 13. In the Parking Information table on Sheet 3, delete the "Required" portion of the table. (Required parking is not "TBD"; the required parking will be as set forth in the "Spaces" section of the table of the approved FDP.) 2 14. Add sidewalk connection into site from City Centre Road; the details for the connection shall be subject to review and approval by Town staff. iRM_017 4M PM [kink[ R:11'ucvjom%SubdivisionsWfuryhy EVrm MP TB res d= 3 EXHIBIT A-1 Town Engineer Comments Memo dated November 11, 2016 Ftr!91504".Camllh . "tvvz� COLORADO CIVIL GROUP, INC. Ehonmfng Com taws TO: Mr. Bruce Nickerson, Town Manager FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer QiD Lindsey Green, Colorado Civil Group, Inc., Town Engineer� DATE: November 11, 2016 SUBJECT: Murphy Express FDP PROJECT No.: 0668.0425.00 Memo We have completed our review of the Murphy Express FDP submittal. We offer the following engineering comments: General: 1. A Subdivision Plat will be submitted by THE and process separately. The Plat will create a lot for Murphy Express. The Murphy Express Application should be revised accordingly. Submittal Binder: 2. (10.3.2 Development Application) — The application date was left blank. The site has been addressed as 4615 City Centre Road, Firestone, CO 80504 3. (10.3.5 Title Commitment) — THE Firestone Development, L.L.C., a Missouri limited liability company is listed as the owner in fee simple of the property according to the Title Commitment with an effective date of September 7, 2016. An updated title commitment dated no later than 1 month prior to recording will be required. 4. (10.3.10 Water Dedication) — The domestic demand for the CBT Shares was calculated correctly, which results in a 1.08 CBT Share dedication. The landscape demand was calculated based on the Town's standard of 2.5 CBT Shares/acre of irrigation area. The land use table on the FDP coversheet states that there is 14,028 square feet of landscaped area, this results in a 0.81 CBT Share dedication. The commercial demand and landscape demand will require the Murphy n W Express site to dedicate 2.0 CBT Shares. The CBT dedication for this FDP shall be met by deducting 2 shares from the 100 share pool originally created by THE with the Firestone City Centre development. 5. (10.3.11 Water Service Calculations) — It doesn't appear the hose bibs were correctly added to the fixture count total, please revise. Based on the water sizing spreadsheet, the site will require a 11/2" meter. 6. (10.3.13 Traffic Impact Study) — The Traffic Conformance letter dated October 10, 2016 states that while the proposed improvements increase the developable land and site trips from the originally approved traffic report, there will be no adverse impacts to the existing transportation network due to the other future developable lots within the City Centre complex are anticipated to result in smaller footprints, which will result in an overall reduction. We recommend approval of the Traffic Conformance dated October 10, 2016 for the Murphy Express Gas Station — Firestone City Centre. Final Drainage Report: 7. The total runoff from the developed site does not exceed the approved amount of runoff from the Master Plan created for the Firestone City Centre site. The storm detention is offsite, requiring no onsite detention pond for this FDP. 8. Please provide calculations for the 10 and 100 year storm events for the site, including the time of concentration, runoff coefficient calculations and rational method calculations for each basin. The Town of Firestone rainfall intensity curve needs to be utilized for the calculations. 9. Please provide the storm sewer and inlet calculations based on runoff calculations (comment #8) in order to confirm the site's interior storm system is adequately sized. 10. Basin D appears to be draining offsite, please confirm that the existing inlet intercepting the flow has adequate capacity. 11. The proposed storm sewer system needs to discharge into the channel as opposed to the existing storm inlet in City Centre Road. 12. Calculations need to be provided in order to ensure the existing channel north of the facility will not be negatively impacted by the proposed retaining wall. Final Development Plan: 13. (10.5.2110.6.2 Title Block) — Please adjust the title of the documents to state "A Portion of Tract D...". 14. (10.5.4 Owner/Developer) — Please list the owner as the name appears exactly in the title commitment. Currently, the title commitment lists THE Firestone Development, L.L.C., a Missouri limited liability company as the owner. If the intent is to sell the parcel and Murphy Oil USA, Inc., a Delaware corporation is to be the new owner, the title commitment needs to reflect such, prior to recording. 5 15. (10.5.6 Legal Description) — The provided legal description has a closing error of 0.11', please revise. The distance and bearings on the site plan need to match the legal description provided. The applicant can also choose to provide an aliquot description based on the Subdivision Plat that will be submitted by THF. 16.(10.5.8 Land Use Table) — It appears there is a mathematical error in the land use table, the current land use areas do not add up to the proposed lot size. 17. (10.5.15 Utilities) — There is a 2" water service stub, 6" fire line stub and 6" sanitary sewer service stub already installed for the parcel due east of the east entrance to Tract D. These existing service stubs need to be used. The water service will be reduced to 1 %" in the meter pit. 18. (10.5.15 Utilities) — Please add the following table to the general notes page: WATER METER TABLE QUANTITY SIZE TYPE 1 1 '/z, COMMERCIAL 19. (10.5.16 Water Dedication) - Please fill in the required CBT dedications required for this parcel. Irrigation Demand = 0.81 Domestic Demand = 1.08 Also include the following verbage after the demand requirements: "A TOTAL OF 2 SHARES SHALL BE TRANSFERRED TO THE TOWN PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY. THE CBT DEDICATION FOR THIS FDP SHALL BE MET BY DEDUCTING 2 SHARES FROM THE 100 SHARE POOL ORIGINALLY CREATED BY THF WITH THE FIRESTONE CITY CENTRE DEVELOPMENT." 20. (10.5.22 Acceptance Block and Notary) — Please label the owner's name beneath the signature block and verify that the Owner's name matches the Title Commitment exactly. See Comment 10. 21. (10.6.5 Parcel Boundaries) — The distance and bearings need to clearly be shown for the entire proposed portion of Tract D. 22. (10.6.9 Site Plan) — Note 7J proposes a chain link fence on top of a retaining wall. A detail should be provided of both. 23. (10.6.20 Mailboxes, Signs, Lighting and Advertising Devices) — It is recommended that a sign directing traffic to 1-25 be placed across the road (South side of City Centre Road), in order for the egress traffic to clearly be directed through the site. 24. (10.6.22 Utilities) — There are currently utility stubs west and east of the existing east access to Tract D. The services for this FDP need to connect to the existing stubs. The required meter size for this FDP will be 1 '/2". Please include a note on the plans that states the meter setter includes a 2" x 1 Y2" reducer. r' Misc: 25. (10.6.22 Utilities) — Please label the storm sewer system components including sizes, types, inverts, etc. 26. (10.6.32 Landscape Plan) — The landscape plan may need to be modified due to the utility service relocations. Please show both sets of existing utility stubs and ensure no landscaping is located above them. The Town's criteria is no trees within 10' and shrubs within 5' of utility lines. 27. (10.6.54 Lighting and Photometric Plan) — It appears the parking lot lights are flat lens LED lights. The style matches the style of the lights at Burger King and the Inline Shops, both at Firestone City Centre. It should be noted however that the proposed lights in this FDP have a 18' pole height and Burger King and Inline Shops have pole heights of 35'. 28. See returned redlines for any additional comments. 29. Need to make independent submittals to St. Vrain Sanitation District and Frederick- Firestone Fire Prevention District. These comments are provided to assist in the preparation of the FDP for this project. The Applicant's consultant should return their responses to the comments with their next submittal. We will be happy to meet with the applicant and their consultants to review these comments. Let us know if there is anything else that we can help you with. 7 RESOLUTION NO. 34- A RESOLUTION APPROVING A FINAL PLAT FOR FIRESTONE CITY CENTRE SUBDIVISION FILING NO.4 WHEREAS, there has been submitted to the Board of Trustees a request for approval of a final plat for Firestone City Centre Subdivision Filing No. 4; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 final 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 1. The final plat for Firestone City Centre Subdivision Filing No. 4 is hereby approved, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 25'h day of January, 2017. Paul Sorensen, ayor EXHIBIT A Final Plat Firestone City Centre Subdivision Filing No. 4 Conditions of Approval 1. Provide an updated title commitment prior to recording. 2. In the Ownership and Dedication block, revise the reference to "Qwest, Inc." to read "Century Link." V20R017 3:47 Pal ["I R.,Wireswma SubdivisoWires citycducr Fa VPTB mdxx 2 RESOLUTION NO. P"O A RESOLUTION GRANTING TOWN STAFF AUTHORITY TO ENTER INTO AN AGREEMENT FOR THE PURPOSE OF OPENING A SAFE DEPOSIT BOX AND GRANTING ACCESS TO SAID SAFE DEPOSIT BOX WHEREAS, the Town has accounts and safe deposit boxes with FirstBank and Adams Bank & Trust; and WHEREAS, the Board of Trustees desires to grant Town staff authority to enter into an agreement for the purpose of opening a safe deposit box and to grant authority to access the said safe deposit box; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorizes Carissa Medina, Town Clerk, as an authorized individual of the Town of Firestone to enter into an agreement for the purpose of opening a safe deposit box with FirstBank and grants authority to Carissa Medina, Town Clerk, Alison Westerhold, Accounting Coordinator, and Julie Pasillas, Resources and Sustainability Coordinator, to have access to said safe deposit box. Section 2. The Mayor and Town staff are hereby authorized to execute and deliver any and all documents necessary to effect the matters herein. INTRODUCED, ADOPTED AND RESOLVED THIS o9S4-K DAY OF 2017. TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor RESOLUTION NO. 1 96' A RESOLUTION ACCEPTING, SUBJECT TO THE SATISFACTION OF CONDITIONS PRECEDENT, A SPECIAL WARRANTY DEED FOR A STRIP OF LAND LOCATED IN SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. AND GENERALLY IDENTIFIED AS FRONTIER STREET RIGHT-OF-WAY WHEREAS, certain real property, legally described on the Special Warranty Deed accompanying this Resolution and generally identified as Frontier Street Right -of -Way, Firestone, Colorado, (the "Property") is an approximately 89,868 square foot strip of land; and WHEREAS, the current owner of the Property, Saddleback Vistas, LLC, a Colorado limited liability company, desires to donate the Property to the Town of Firestone; and WHEREAS, the owner has tendered a Special Warranty Deed to the Town conveying the Property; and WHEREAS, the Town of Firestone desires, subject to the satisfaction of certain conditions precedent, to accept such donation and conveyance of the Property; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subject to satisfaction of the conditions precedent set forth in Section 2, the Special Warranty Deed from Saddleback Vistas, LLC, Grantor, to the Town of Firestone, Grantee, conveying the Property, a copy of which Special Warranty Deed accompanies this Resolution, is hereby accepted by the Town of Firestone, Colorado. Section 2. The Town's acceptance of such Special Warranty Deed is subject to the following condition, which shall be a condition precedent to the effectiveness of the Town's acceptance of such Deed: Grantor shall obtain and record all releases (or partial releases) of deeds of trusts and any other instruments required for the conveyance of the Property to be Town to be free and clear of all deeds of trusts and other monetary liens and encumbrances, excepting only the lien of ad valorem property taxes for 2016 and thereafter. All such releases (or partial releases) and other instruments shall be recorded prior to any recording of the Special Warranty Deed. If the foregoing conditions precedent are not satisfied by March 1, 2017, then effective on such date said Special Warranty Deed shall be deemed rejected and the original of said Deed shall be returned to Grantor. Section 3. The Board of Trustees finds and determines that the Property offered for donation to the Town is not for any park, open space or governmental purpose, but for potential use as right-of-way. Section 4. The Mayor, Town Manager and Town staff are hereby authorized to execute all documents and to do all things necessary on behalf of the Town to effect the provisions of this Resolution. INTRODUCED, READ, and ADOPTED this day of t-,6VW 2 4, 2017. A Carissa Medina, Town Clerk K TOWN OF FIRESTONE, COLORADO D"— U, , n===� Paul Sorensen, Mayor SPECIAL WARRANTY UKE'D (Statutory home, C.R.S. §38.30-1 15) Grantor, SADDLEBACK VISTAS, 1,LQ. a Colorado limited I.inhili • Cnm any, whose. addmss is 71.7 1'inev Ridge Way, Mnnurnent,CO 901 it for good and valuable consideration otltir than monetary considcrntion, the receipt and sufficiency of which is hereby acknowledged and cont'essed, hereby sells and conveys to Grantee, Town of Firestone, a Colomdo municipal corponation, whose legal is address 151 Grant Ave, f=irestnnc. Colorado, 80520, the following described real property (the "Property"), together with improvements, if any, situate, lying, turd being; in the County of Weld. State of Colorado, described as follows: SPF EXHIBIT A and EXHIBIT B ATTACHED HERETO AND MADE A PART HrR1:O , with all estates, rights, hereditaments, easements and rights of war appurtenant thcrcto. and all right, title and interest of Grantor, if any. in and to Luny oil. gas, and other mitterals laying under the Property, and WARRANTS the title to the same againsl n1i persons claiming by, through and undcr the Grantor. Signed this 30#� day of �f 2016. AVI 7-0ha STATE' pry ) COUNTY UFAM-tt# ) "I`Itc foregoing insuumew was acknowledged before me this deny of mbty,'_U 16 b% .�► ta��w N►trr►rrrl Witness my hand and offic.ini seal �.`��,��-�..SgND��'�, z V Q� Y fib® i� Ota ' 'ub is y s .4- : a M Cnmmissin I:spire5: ��� = n�o •O O,o '•,fXP 7 �' Q� Purstnint to ti 34-13-102(?)ln). CAS., no ducumentary fre is required to (veord this dcrd ''�����CIO�tri��```,`` EXHIBIT Q 0 + awe xc u 1 'u, RFnv r%r.. .a, •r 9q`•.v i »l` �! r iCn•fl a:Z'W 9• iv3 rrwwr \mr."C+1ffi1M9t t1 �a..r.r. rQ.,•::te R,erb'x rry,ri,+p. � t s * t 4�� ' ♦ 1,ir[tro f SN tee MM r Naom me ,s. itb "M nma, r�`'ar IIVW M%►.i ! W 41' WA Asa rq H3rIMdMdt' \ 1 CPO X= Rr7'.r.r.. r ,M ai EXHIBIT A SADDLEBACK VISTA FRONTIER STREET RIGHT-OF-WAY A STRIP OF LAND LOCATED IN THE SE CORNER OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 0' P.M., COUNTY OF WELD, TOWN OF FIRESTONE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS- WIAMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19, FROM WHICH THE EAST LINE OF TrIE SOUTHEAST QUARTER OF SAID SECTION 19 BEARS NOW 41' 55"W (BASIS OF BEARING) 2,630.64 FEET; THENCE N00' 41' 55"W, 30.01 FEET ALONG SAID SOUTHEAST LINE; TO THE POINT QF MEGINNING6 )HENCE ALONG THL FOLLOWING SIX (6) COURSES; NOD' 41'55"W 2.600.68 FEET ALONG THE SOUTHEAST QUARTER OF SAID SECTION 19; NOD' 41'04"W 407.87 FEET ALONG THE NORTHEAST QUARTER OF SAID SECTION 19 TO A POINT ON THE NORTH LINE THAT PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED AT RECEPTION NO.3236312; THENCE S49' 24'34"W 39.11 FEET ALONG THE NORTH PROPERTY LINE OF SAID PARCE.I.; THENCE DEPARTING THE NORTH LINE OF SAID PARCEL. SOO' 41' 04"F. 382.78 FEET; THENCE 500' 41' 5S"E 2,599.86 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GRANT AVENUE, ALSO BEING THE SOUTH LINE. OF THAT PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED AT RECEPTION NO. 3236312 ; THENCE S89' 08' 42"E 30.01 FEET ALONG SAID LINE TO THE POINT OF BEGINNING. AREA = 89,868 SQUARE FEET (2.063 ACRES), MORE OR LESS. I'ursumnl In § 39.13-103131(a), CKS.. no documentarY FCe i5 required to record this deed RESOLUTION NO. 17-01 A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES FOR THE TOWN OF FIRESTONE WHEREAS, C.R.S. § 24-6-402(2)(c) 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 FOR 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 for the Town of Firestone shall be posted at the front entrance window of the Firestone Town Hall, 151 Grant Avenue, Firestone, CO 80520. Meeting notices may additionally be published on the Town's website, www.firestoneco.gov. INTRODUCED, READ, and ADOPTED this day of`J?, 2017. TOWN OF FIRESTONE, COLORADO AV E ro g TOWN ul Sorensen, Mayor T: rri S+ �, O �s j4 oti �Q ...........o 0 Medina, Town Clerk ' RESOLUTION NO. 16- _-b_ A RESOLUTION AMENDING THE 2016 BUDGET BY INCREASING THE APPROPRIATIONS IN THE GENERAL FUND AND HIGHWAY FUND. WHEREAS, the Board of Trustees of the Town of Firestone on December 9, 2015 adopted a budget for the 2016 calendar year per Resolution 15-57, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town approved an Independent Contractor Agreement with Roth Sheppard Architects, LLP; and WHEREAS, the Board of Trustees finds a need exists to appropriate additional sums of money in the General Fund by transferring from the Capital Improvement Fund, for Phase I and Phase II consultant services for a proposed new police station under an Independent Contractor Agreement with Roth Sheppard Architects, LLP, and to appropriate additional sums of money in the Highway Fund for increased expenditures for the Firestone Gateway Project; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to the 2016 budget authorized by this Resolution; and WHEREAS, the amended 2016 budget, as revised by this Resolution, 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 2016 General Fund appropriation is hereby increased by $84,000.00, such increased appropriation is funded by Municipal Facilities Impact Fees within the Capital Improvement Fund; and that the 2016 Highway Fund appropriation is hereby increased by $431,847.00 such increased appropriation is funded by the 1% Sales Tax Capital Improvement Fund. The distribution of the supplemental appropriations are as follows: Revenues Account # Amount Other Financing Sources: Transfer from Other Funds -- Capital Improvements 1000-383220 $ 84,000.00 Other Financing Sources: Transfer from Other Funds - Capital Improvements 4100-380000 $431,847.00 Section 2. That the 2016 General Fund appropriation is hereby increased by $84,000.00, such expenditure is to be utilized for funding Phase I and Phase II consultant services for a proposed new police station under an Independent Contractor Agreement with Roth Sheppard Architects, LLP; and that the 2016 Highway Fund appropriation is hereby increased by $431,847.00, such expenditure is to be utilized for the contract amendment to the Firestone Gateway Project Grant Agreement between the Town of Firestone and the State Department of Local Affairs (Grant #EIAF 7598). The distribution of the supplemental appropriations are as fo l to ws: Expenditures Account # Amount Capital Outlay— Municipal Buildings/Facilities 1000-450600-931 $ 84,000.00 Capital Outlay-Streets/H ighway - Street Projects 2820-450700-968 $431,847.00 Section 3. That the 2016 Budget is amended by the inclusion of transfers from the appropriate funds for the purposes stated in Sections 1 and 2 above. The distribution of the supplemental appropriations are as follows: _Expenditures Account # Amount Transfer to General Fund 4000-521000-823 $ 84,000.00 Transfer to Highway Fund 4100.521000.825 $431,847.00 INTRODUCED, READ AND ADOPTED this 271h day of July, 2016. Carissa`Nre—dina Town Clerk TOWN OF FIRESTONE, COLORADO �ESTO •AF Tow N Paul Sorensen Mayor SEA 1100 �•.. .f _ O 6 RESOLUTION NO. LVII A RESOLUTION CALLING A SPECIAL ELECTION FOR NOVEMBER 8, 2016 TO BE CONDUCTED AS A COORDINATED ELECTION WHEREAS, a statewide general election will occur on November 8, 2016; and WHEREAS, the Board of Trustees finds it in the best interests of the Town of Firestone to call a special election for November 8, 2016 pursuant to state law and to participate in the coordinated election; and WHEREAS, the Board of Trustees desires to refer one or more ballot issues to the registered electors of the Town at such special municipal election pursuant to Article X, Section 20 of the Colorado Constitution; and WHEREAS, pursuant to C.R.S. Section 31-10-108, the Board of Trustees may call a special election by resolution adopted not less than 60 days prior to the date of the election, and such election may be held at the same time and place as a statewide general election as a coordinated election; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. Section 31-10-108, a special election for the Town of Firestone is hereby called and set for Tuesday, November 8, 2016 to be held as part of a coordinated election. Section 2. The purpose of the special election will be to submit to the registered electors of the Town one or more TABOR ballot issues pursuant to Article X, Section 20 of the Colorado Constitution. The Board of Trustees may submit such TABOR ballot issues to appear on the ballot of the special election by the adoption of appropriate resolutions or ordinances as required by law. Section 3. The officers and employees of the Town are hereby authorized and directed to take all necessary and appropriate actions to effectuate the provision of this Resolution in accordance with Colorado law. Section 4. 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 I to 13 of title 1, C.R.S., as amended, in lieu of the Colorado Municipal Election Code of 1965, article 10 of title 31, C.R.S., as amended, with respect to the special municipal election to be held on November 8, 2016, and such election shall be conducted as part of the coordinated regular election. 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. INTRODUCED, READ, AND ADOPTED this o2�r day of , 2016 ��aEsroti� �rf rowry SEAL i o o�NrY; co`' a Medina, Town Clerk TOWN OF FIRESTONE, COLORADO 14Lcvr1..'- Paul Sorensen, Mayor RESOLUTION NO. �C) A RESOLUTION APPROVING A MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF COORDINATED ELECTIONS BY AND AMONG THE TOWN OF FIRESTONE, THE WELD COUNTY CLERK AND RECORDER AND THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY WHEREAS, the Weld County Clerk and Recorder will conduct a general election on November S, 2016, as a coordinated mail ballot election pursuant to the Uniform Election Code and, in particular, C.R.S. Section 1-7-116; and WHEREAS, the Board of Trustees previously called a special municipal election for November 8, 2016, such election to occur as a coordinated mail ballot election pursuant to state law; and WHEREAS, the attached Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections provides for the conduct and financing of such election; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Memorandum of Intergovernmental Agreement for Conduct of Coordinated Elections ("Intergovernmental Agreement"), a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. Section 2. 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 I 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 and in accordance with the terms of the Intergovernmental Agreement. Section 3. The Mayor and Town Clerk are hereby authorized to execute the Intergovernmental Agreement on behalf of the Town of Firestone, except that such persons are hereby further authorized to negotiate and approve such revisions to the Intergovernmental Agreement as are determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Intergovernmental Agreement are not altered. INTRODUCED, READ AND ADOPTED this 10`h day of August, 2016. T WN OF FIRESTONE, COLORADO FARES r0` 'ro r 8 Paul Sorensen, Mayor �► ro I ATTEST: issa Medina, Town Clerk Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections The Town of Firestone, hereinafter referred to as "Jurisdiction," does hereby agree and contract with the Board of County Commissioners of the County of Weld, hereinafter referred to as "Commissioners," and the Weld County Clerk and Recorder, hereinafter referred to as "County Clerk," concerning the administration of the November 8, 2016, General Election conducted pursuant to the Uniform Election Code of 1992 as amended (hereinafter "Code"), and the rules and regulations promulgated thereunder, found at 8 C.C.R. 1505-1. This Agreement is not intended to address or modify statutory provisions regarding voter registration, nor to address or modify the County Clerk's duties thereunder. WHEREAS, the Jurisdiction desires to conduct an election pursuant to its statutory authority or to have certain items placed on the ballot at an election pursuant to its statutory authority, such election to occur via mail ballot on November 8, 2016; and WHEREAS, the Jurisdiction agrees to conduct a Coordinated Election with the County Clerk acting as the Coordinated Election Official; and WHEREAS, the County Clerk is the "Coordinated Election Official," pursuant to § 1-7- 116(1), C.R.S., and is to perform certain election services in consideration of performances by the Jurisdiction of the obligations herein below set forth; and WHEREAS, such agreements are authorized by statute at §§ 1-1-111(3), 1-7-116, 22-30- 104(2), 22-31-103, and 29-1-203, et seq., C.R.S. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. The Jurisdiction encompasses territory within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 8, 2016, General Election. 3. The Jurisdiction agrees to perform the following tasks and activities: a. Conduct all procedures required of the clerk or designated election official for initiatives, referenda, and referred measures under the provisions of §§ 31-11-101 through 31-11-118 and 22-30-104(4), C.R.S. b. To do all tasks required by law of designated election officials concerning nomination of candidates by petition, including, but not limited to: issue approval as to form, where appropriate, of nominating petition; determine candidate eligibility; receive candidate acceptance of nominations; accept notice of intent, petitions for nomination, and affidavits of circulators; verify signatures on nominating petitions; and hear any protests of the nominating petitions, as said tasks are set forth in any applicable provisions of Title 1, Article IV, Parts 8 and 9, and §§ 1-4-501, 22-31-103, and 22-31- 107, C.R.S., and those portions of the Colorado Municipal Election Code of 1965, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. C. Establish order of names and questions for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including a list of candidates, ballot title, and text, must be certified to the County Clerk no later than 60 days before the election, pursuant to § 1-5-203(3)(a), C.R.S. Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections d. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and Article 10, Section 20(3)(b)(v), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45t' day before the election. Preparation of summaries of written comments shall be done by the Jurisdiction but only to the extent required pursuant to § 1-7-903(3), C.R.S. The full text of any required ballot issue notices must be transmitted to and received by the County Clerk no later than 42 days prior to the election pursuant to § 1-7-904, C.R.S. No portion of this Subsection 3(d) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. e. Collect, prepare, and submit all information required to give notice pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's Bill of Rights. Such information must be received by the County Clerk no less than 42 days prior to the election to give the County Clerk sufficient time to circulate the information to voters. Accept affidavits of intent to accept write-in candidacy up until close of business on the 64t' day before the election, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102(2), C.R.S. g. Pay the sum of $1.25 per registered elector eligible to vote in the Jurisdiction's election as of November 8, 2016, with a $200 minimum, within 30 days of billing, regardless of whether or not the election is actually held. If the Jurisdiction cancels the election before its Section 20, Article X, the Taxpayer's Bill of Rights, notices are due to the County, and prior to the County Clerk incurring any expenses for the printing of the ballots, the Jurisdiction shall not be obligated for any expenses under this Subsection 3(g) (h). The Jurisdiction shall also be responsible for costs of recounts pursuant to §§ 1-10.5-107, 1-10.5-104, or 1-11-215 C.R.S., except for costs collected from an "interested party" pursuant to § 1-10.5-106 which shall be collected by the entity conducting the recount. h. Designate an "election official" who shall act as the primary liaison between the Jurisdiction and the County Clerk and who will have primary responsibility for the conduct of election procedures to be handled by the Jurisdiction hereunder. By approval of this Agreement, the Jurisdiction thereby resolves to not use the provisions of the Colorado Municipal Election Code, except as otherwise set forth herein or as its use is specifically authorized by the Code. Mail ballot issue notices pursuant to § 1-7-906(2) for active registered electors who do not reside within the county or counties where the Jurisdiction is located. Carry out all action necessary for cancellation of an election including notice pursuant to § 1-5-208, C.R.S., and pay any costs incurred by the County Clerk within 30 days of receipt of an invoice setting forth the costs of the canceled election pursuant to § 1-5- 208(5), C.R.S. Jurisdiction shall verify as being accurate the list of registered elector's names and addresses previously forwarded to the Jurisdiction by the Weld County Clerk and Recorder's Office. By signing this Agreement, Jurisdiction represents that the list of registered elector's names and addresses has been reviewed by the Jurisdiction and is accurate. The Jurisdiction will promptly notify Adam Gonzales, the Weld County 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. m. Jurisdiction shall notify all candidates to call the Election Office at 970-304-6525 ext 3109 to leave a voice mail on how to pronounce the candidates name. 4. The County Clerk Agrees to perform the following tasks and activities: a. Except as otherwise expressly provided for in this Agreement, to act as the Coordinated Election Official for the conduct of the election for the Jurisdiction for all matters in the Code which require action by the Coordinated Election Official, including but not limited to, mailing to each active registered elector, a mail ballot packet pursuant to C.R.S. § 1-7.5-107(3)(a). b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. c. Circulate general Ballot Issues notices pursuant to §§ 1-7-905 and 1-7-906(1), C.R.S. and publish and post notice, as directed in § 1-5-205, C.R.S. d. During the period designated for early voting, at least one voter service and polling center for each thirty thousand active electors; except that there must be at least one voter service and polling center in each such county. §§ 1-5-102.9(I)(A), C.R.S e. On Election Day, at least one voter service and polling center for every fifteen thousand active electors, but no fewer than three in each such county. §§ 1-5- 102.9(I)(B), C.R.S f. County Clerk may designate a greater number of voter service and polling centers than the minimum required by this section. §§ 1-5-102.9(H)(II)(e), C.R.S g. Voter service and polling centers must be open, at a minimum, for the fifteen -day period prior to and including the day of the election, except that voter service and polling centers are not required to be open on Sundays. §§ 1-5-102.9(H)(II)(e)(2), C.R.S h. After Election Day, bill Jurisdiction for number of registered electors within the Jurisdiction as of Election Day; identify the members of the Board of Canvassers eligible for receiving a fee; and bill the Jurisdiction for the fees. i. Designate Adam Gonzales, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(9))- j. The County Clerk shall appoint and train election judges and this power shall be delegated by the Jurisdiction to the County Clerk, to the extent required or allowed by law. Select and appoint a Board of Canvassers to canvass the votes, provided that the Jurisdiction, at its option, may designate one of its members and one eligible elector from the jurisdiction to assist the County Clerk in the survey of the returns for that 3 of Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections Jurisdiction. If the Jurisdiction desires to appoint one of its members and an eligible elector to assist, it shall make such appointments, and shall notify the County Clerk in writing of such appointments not later than 15 days prior to the election. The County Clerk shall receive and canvass all votes, and shall certify the results in the time and manner provided and required by the Code. The County Clerk shall perform all recounts required by the Code. 5. Additional Provisions a. Time of the Essence. Time is of the essence in this Agreement. The statutory time frames of the Code shall apply to the completion of the tasks required by this Agreement. b. Conflict of Agreement with Law. This Agreement shall be interpreted to be consistent with the Code, provisions of Titles 31 and 22 applicable to the conduct of elections, and the Colorado Election Rules contained in 8 C.C.R. 1505-1. Should there be an irreconcilable conflict between the statutes, this Agreement and the Colorado Election Rules, the statutes shall first prevail, then this Agreement and lastly the Colorado Election Rules. Liquidated Damages. In the event that a Court of competent jurisdiction finds that the election for the Jurisdiction was void or otherwise fatally defective as a result of the sole negligence or failure of the County Clerk to perform in accordance with this Agreement or laws applicable thereto, then the County Clerk shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to Subsection 3(g) of this Agreement and shall, if requested by the Jurisdiction, conduct the next Coordinated Election which may include any election made necessary by a defect in the election conducted pursuant to this Agreement with no fee assessed to the Jurisdiction. This remedy shall be the sole and exclusive remedy for damages available to the Jurisdiction under this Agreement. d. No Waiver of Privileges or Immunities. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended, or any other applicable privileges or immunities held by the parties to this Agreement. e. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that 4 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. f. Entire Agreement, Modification, Waiver of Breach. This Agreement contains the entire Agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement and any attached exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other, or subsequent, breach. g. Notice provided for in this Agreement shall be given by the Jurisdiction to Adam Gonzales of the Weld County Clerk and Recorders Office by phone: Phone: (970) 400-3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: agonzales(we_I_dgov.com Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election official referred to in Subsection 3(h) of this Agreement by phone: Designated Election Official for Jurisdiction: Carissa Medina Phone: 303-531-6264 Additional Contact Information: Fax: 303-833-4863 E-mail: cmedina@firestoneco.gov Address: PO Box 100, Firestone, CO 80520 5 of 6 Memorandum of Intergovernmental Agreement For Conduct of Coordinated Elections DATED this day of , 2016. WELD COUNTY CLERK AND RECORDER BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Carly Koppes, Clerk and Recorder Mike Freeman, Chair APPROVED AS TO FORM: ATTEST: Clerk to the Board of County Commissioners County Attorney Deputy Clerk to the Board TOWN OF FIRESTONE APPROVED AS TO FORM: Attorney for Jurisdiction (signature) TOWN OF FIRESTONE: Paul Sorensen, Mayor (Signature) ATTEST: Carissa Medina, Town Clerk NNW RESOLUTION NO. 16-2�_ A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT FOR FIRESTONE MEADOWS REPLAT NO. 3 AND A FINAL DEVELOPMENT PLAN — AMENDMENT 3 FOR THE FIRESTONE MEADOWS P.U.D. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final subdivision plat for Firestone Meadows Replat No. 3 and a Final Development Plan — Amendment 3 for the Firestone Meadows P.U.D.; and WHEREAS, all materials related to the proposed replat and 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 replat and 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 replat and 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 1, The Board of Trustees of the Town of Firestone hereby approves the final plat for Firestone Meadows Replat No. 3 and the Final Development Plan — Amendment 3 for the Firestone Meadows P.U.D., subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 10'h day of August, 2016. ���ESTpHF TOWN AT r l Sorensen, Mayor A ST: 6wisllsa edina, Town Clerk SW-016 11:29 AIM["-) R:T vesiGne\SubdhisionsSFvcgom\tmdow Rcplat IT0 rcs.doc EXHIBIT A Conditions of Approval Firestone Meadows P.U.D. Replat No. 3 Final Development Plan — Amendment 3 General 1. Enter into a Revocable License Agreement with the Town for the fence, trail and landscape improvements to be installed in Tract A. 2. Execute an amendment to the subdivision agreement for Firestone Meadows, in a form to be approved by the Town Attorney. 3. Increase font size so that all text is readable when printed on an l 1x17 sheet. 4. File petition for exclusion with the Central Weld County Water District, in accordance with the District's request. 5. Address Town Engineer comments dated May 16, 2016. 6. Update parks, trails and open space text regarding the pool to clarify it will be constructed with the Phase 1 improvements. 7. Provide an updated Title Commitment dated within 30 days prior to recordation of final documents. Replat 8. Update Note 1 for this Replat 3. 9. Make lot lines bolder on sheet 2. FDP 10. Include all sheets and update references to specific sheet numbering throughout plan set. 11. Add mail kiosk detail. 12. Provide information regarding the ground cover in dog park area and add concrete or similar edging around the mulched area. 13. Add text regarding the maintenance of the dog park area, specifically relating to odor control. 14. Add shelter detail to plan sheets. 15. Address Town Attorney redline comments to FDP text. 3 16. Update sheet numbering and reference the correct number of sheets in the title block. 17. Update the Open Space table on Sheet 2 to reflect there are two private lots. 18. Revise the Note on Sheet 3 to reflect that fencing installed along the entire northern boundary of Tract A will conform to the detail set forth in the FDP. 19. Correct the year in the Approval Block. 20. Revise PUD to provide for installation of a four -foot fence on north side of parking stalls adjacent to Lots 14-16, Block 14 of Oak Meadows Filing 2 to block vehicle lighting from adjacent residential lots. The fence standard revisions shall be subject to review and approval by the Town Planner. 21. Revise PUD landscape plans to provide for installation of five additional evergreen trees north of the trail in the area of the trash enclosures and parking stalls adjacent Lots 14-16 and Lot 23, Block 2 of Oak Meadows Filing 2 to provide additional landscape buffering of the parking and trash enclosures from the adjacent residential lots. The revisions to the landscape plans shall be subject to review and approval by the Town Planner. 22. Revise PUD plans to relocate further south the two northernmost trash enclosures. The revised locations shall be subject to review and approval by the Town Planner. 4 RESOLUTION NO. 16- ZZ A RESOLUTION APPROVING AN AMENDED PRELIMINARY DEVELOPMENT PLAN FOR FIRESTONE CENTRAL PARK. WHEREAS, by Resolution No. 06-27 adopted on August 3, 2006, the Board of Trustees of the Town of Firestone approved a Preliminary Development Plan for Firestone Central Park, a Civic, Cultural and Community Center; and WHEREAS, by Resolution No. 09-42 adopted on December 10, 2009, the Board approved an amended Preliminary Development Plan for Firestone Central Park, a Civic, Cultural and Community Center; and WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of further amends to the preliminary development plan for Firestone Central Park, a Civic, Cultural and Community Center; and WHEREAS, all materials related to the proposed amended preliminary development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found 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; and WHEREAS, the Board of Trustees has duly considered the proposed amended preliminary 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 preliminary development plan should be approved. 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 amended preliminary development plan for Firestone Central Park, a Civic, Cultural and Community Center, subject to the condition set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 24' day of August, 2016 TOWN OF FIRESTONE, COLORADO Sorensen , \ O " Town Clerk EXHIBIT A Amended Preliminary Development Plan Condition of Approval Firestone Central Park 1. Expand the parking and add restrooms by the sports fields. 2. In the phasing plan, ensure there are adequate pedestrian and vehicular access points. 3. Add narrative text regarding the intent of the par course. 4. Correct spelling of "municipal" in the label for the municipal tree nursery. 5. Add maintenance standards for the crusher fines trails. 6. Show concession stand in the area of the sports fields. 7. Revise text to add water recreation activity opportunities for Kugle Lake. 8. Add lighting to the multi -purpose sports field. 9. Investigate moving the observatory to east of the parking lot for the amphitheater. 10. Add trees around Kugle Lake. 11. Add connecting trails between early phases. 12. Remove street name label for Park Road and further evaluate potential name. 13. Note that a playground park area shall be associated with whatever sub -area develops first. 14. Add kinematic sculptures. 15. Revise text to indicate the design of the park will incorporate mountain modern design elements. 16. Revise the text to note the Town will continue working with the library district and other districts as the park is developed. 9=016 230 P.N [1.m1) R.WieswASLb&vma Cmaal Pwkmnmded PDP 2016.TB res doc 3 RESOLUTION NO. 16- 15 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE NINTH (91,H) 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 Firestone Ninth (9's) Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees 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 BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees 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 C.R.S. §§ 31-12-104 and 31-12-105, 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 or will be contiguous with the Town of Firestone within such time limit as required by C.R.S. § 31-12-104. 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. 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. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. 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 10.944 acres, more or less. k. A plan is in place, pursuant to C.R.S. § 31-12-105(l)(e). If any portion of a platted street or alley is to be annexed, the annexation 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. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Board of Trustees 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 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 C.R.S. § 31-12- 107(2) or -1 12. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition, the annexation agreement, or otherwise agreed to by all owners. The landowners of one hundred percent (1001/o) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and C.R.S. § 31-12-107(1). Section 2. The Board of Trustees 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 Board of Trustees, 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 24`h day of August, 2016. Town Clerk 3 �il;z-' Paul Sorensen Mayor EXHIBIT A LEGAL DESCRIPTION FIRESTONE NINTH (9th) ANNEXATION A tract of land located in the in the WI/2 of Section 25, the El/2 of Section 26, the NE 1/4 of Section 35, and the NW1/4 of Section 36, T3N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINNING at the S1/4 Corner of said Section 26, from which the Southeast Corner of said Section 26 bears N89° 16'34"E, 2655.85 feet (Basis of Bearing), thence N00°06' 14" W, 30.00 feet along the West Line of the SEI/4 of said Section 26 to the Northerly Right-of-way Line of Weld County Road 28; Thence N89°16'34"E, 2625.80 feet along the Northerly Right-of-way Line of said Weld County Road 28 to the Westerly Right-of-way Line of said Weld County Road 11; Thence N00°12'43"W, 2624.77 feet along the Westerly Right-of-way Line of said Weld County Road 11; Thence N00°13'07"W, 2614.57 feet along the Westerly Right-of-way Line of said Weld County Road I 1 to the Southerly Line of the Northerly 40.00 feet of the NEI/4 of said Section 26; Thence N89°39'14"E, 30.38 feet along the Southerly Line of the Northerly 40.00 feet of the NE1/4 of said Section 26 to the Southerly Line of the Northerly 40.00 feet of the NW 1/4 of said Section 25; Thence N88°49'43"E, 78.81 feet along the Southerly Line of the Northerly 40.00 feet of the NW 1/4 of said Section 25 to the Southeasterly Right-of-way Line of State Highway 66 conveyed to The Department of Highways, State of Colorado as described in Special Warranty Deed recorded December 13, 1957, in Book 1491, as Reception No. 1266961 of the records of Weld County, Colorado; Thence S43°50'43"W, 70.71 feet along the Southeasterly Right-of-way Line of said State Highway 66 to the Easterly Right-of-way Line of said Weld County Road 11; Thence S00°13'07"E, 2565.14 feet along the Easterly Right-of-way Line of said Weld County Road 11; Thence S00°12'43"E, 2684.23 feet along the Easterly Right-of-way Line of said Weld County Road I I to the Northerly Line of BAREFOOT ANNEXATION, an annexation to the Town of Firestone; Thence S89°1634"W, 29.98 feet along the Northerly Line of said BAREFOOT ANNEXATION to the East Line of the NEI /4 of said Section 35, also being a point along the Southerly Right-of- 4 way Line of said Weld County Road 28; Thence S89°16'34"W, 2655.62 feet along the Southerly Right-of-way Line of said Weld County Road 28 to the West Line of the NEI/4 of said Section 35; Thence N00°42'02"W, 30.00 feet along the West Line of the NEI/4 of said Section 35 to the POINT OF BEGINNING. Area = 10.944 acres, more or less. SM/2016 1:54 PM [kmkl R-.Ti=oneSAnnnmion4Fimwne 9th (ROW) elig m.dm RESOLUTION NO. 16- A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE TENTH (10TH) 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 Firestone Tenth (I Oh) Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees 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 BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees 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 C.R.S. §§ 31-12-104 and 31-12-105, 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 or will be contiguous with the Town of Firestone within such time limit as required by C.R.S. § 31-12-104. 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. C. 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. i. 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 10.582 acres, more or less. k. A plan is in place, pursuant to C.R.S. § 31-12-105(l)(e). I. If any portion of a platted street or alley is to be annexed, the annexation 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 Board of Trustees 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 1 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 C.R.S. § 31-12- 107(2) or -1 l 2. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition, the annexation agreement, 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 C.R.S. § 31-12-107(I). Section 2. The Board of Trustees 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 Board of Trustees, 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 241" day of August, 2016. ORES T Paul Sorensen rx ToWN Mayor ATTEST: g rri � all 'v° rissa Medina Town Clerk EXHIBIT A LEGAL DESCRIPTION FIRESTONE TENTH (10") ANNEXATION A tract of land located in the W 1/2 of Section 2, T2N, R68W, and in the SW 1/4 of Section 35, T3N, R68W, all of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 35, from which the WI/4 Corner of said Section 35 bears N00°56'47"W, 2679.94 feet (Basis of Bearing), thence N89°12'54"E, 52.23 feet along the South Line of the SWIM of said Section 35 to the Westerly Line of Weld County Road 9.5 conveyed to Weld County, Colorado, as described in Quit Claim Deed recorded September 14, 2007, as Reception No. 3504090 of the records of Weld County, Colorado, and the POINT OF BEGINNING; Thence NOO°10'15"W, 460.33 feet along the Westerly Line of said Weld County Road 9.5; Thence NO2°28'47"E, 914.41 feet along the Westerly Line of said Weld County Road 9.5 to the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of BAREFOOT LAKES ANNEXATION, an annexation to the Town of Firestone; Thence S06°14'03"E, 601.98 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point of curve to the right; Thence Southerly, 366.52 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point tangent, said are having a radius of 3379.26 feet, a central angle of 06'12'52", and being subtended by a chord that bears S03°07'37"E, 366.34 feet; Thence S00°O1'l l"E, 186.21 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a Northerly Line of Interstate Highway 25 as shown on Colorado Department of Transportation Highway Right-of- way plans for project NH-IRCX-025-3(109) recorded April 6, 2006, as Reception No. 3377298 of the records of Weld County, Colorado; The following courses and distances are along the Northerly, Easterly, and Southerly Lines of said Interstate Highway 25: Thence N89°58'49"E, 114.83 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION; Thence S00°01'11 "E, 119.70 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION to the Southwesterly Corner of said BAREFOOT LAKES ANNEXATION; 2 Thence continuing S00°01'I1"E, 100.52 feet to the South Line of the SWI/4 of said Section 35; Thence S00°O1'l l "E, 140.35 feet; Thence S89°59'00"W, 114.83 feet to the Easterly Line of said Weld County Road 9.5; Thence leaving the Southerly Line of said Interstate Highway 25, SOO°OVI I "E, 241.51 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the right; Thence Southerly, 606.34 feet along the are of said curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said arc having a radius of 9940.93 feet, a central angle of03°29'41 ", and being subtended by a chord that bears SO1°43'40"W, 606.25 feet; Thence S03°28'30"W, 23.48 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the left; Thence Southerly, 541.42 feet along the are of said curve and along the Easterly Line of said Weld County Road 9.5, said arc having a radius of 9744.08 feet, a central angle of 03°11'01 and being subtended by a chord that bears SO] "53'00" W, 541.35 feet; Thence SO°OI'15"E, 246.52 feet along the Easterly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left; Thence Southerly, 239.98 feet along the arc of said non -tangent curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said arc having a radius of 2766.36 feet, a central angle of04"58'13", and being subtended by a chord that bears S02°30'30"E, 239.91 feet; Thence SO4°59'37"E, 438.53 feet along the Easterly Line of said Weld County Road 9.5; Thence S34°34'53"E, 79.43 feet along the Easterly Line of said Weld County Road 9.5 to the Northerly Line of Weld County Road 24.5; Thence S00°02'32"W, 30.00 feet along the Easterly Line of said Weld County Road 9.5 to the South Line of the NW1/4 of said Section 2; Thence N89°57'28" W, 135.53 feet along the South Line of the N W I /4 of said Section, also being the Northerly Line of DEL CAMINO JUNCTION ANNEXATION, an annexation to the Town of Firestone in the SWI/4 of said Section 2 recorded December 17, 1999, as Reception No. 2739034 of the records of Weld County, Colorado; Thence SO4°59'27"E, 30.12 feet along the Westerly Line of said DEL CAMINO JUNCTION ANNEXATION to the Southerly Line of said Weld County Road 9.5; 5 Thence N89°57'28" W, 26.17 feet along the Southerly Line of said Weld County Road 9.5; Thence Northerly, 414.36 feet along the arc of a curve concave to the East and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 9608.67 feet, a central angle of 02'28'15", and being subtended by a chord that bears NO3°0912"W, 414.33 feet; Thence N I °46'09"W, 593.37 feet along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the right; Thence Northerly, 604.97 feet along the arc of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left, said arc having a radius of 9154.12 feet, a central angle of 03*47'1 1 ", and being subtended by a chord that bears N00023'24"E, 604.86 feet; Thence Northerly, 854.59 feet along the are of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 13722.41 feet, a central angle of 03°34'06", and being subtended by a chord that bears N01 °05'41 "E, 854.45 feet; Thence NO°10'15"W, 131.50 feet along the Westerly Line of said Weld County Road 9.5 to the POINT OF BEGINNING. Area = 10.582 acres, more or less. M3rMt6 1;54 PT1 [km4J R.TimtonelAnnmadonTimtone loth (ROW) elig res.dm 6 RESOLUTION NO. 16- �-S A RESOLUTION ADOPTING THE 2017 LEGISLATIVE POLICY STATEMENT FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town of Firestone (the "Town") participates in the Colorado Municipal League ("CML") Policy Committee; and WHEREAS, the Town's 2017 Legislative Policy Statement provides guidance on the Town's legislative policy positions and priorities throughout the year and during the legislative session; and WHEREAS, the Board of Trustees has determined that adoption of the proposed Town of Firestone 2017 Legislative Policy Statement is in the best interests of the Town and its citizens and desires to adopt such policy; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Town of Firestone 2017 Legislative Policy is hereby approved in essentially the same form as the copy of such policy accompanying this resolution. PASSED AND ADOPTED THIS 1 � DAY OF , 2016. TOWN OF FIRESTONE, COLORADO ST0 ,V Pa pyor ATTEST: OWN pbbi ` A i SE o� rissa Me ina. Town Clerk Town Branch Heads Carissa Medina, Town Clerk David Montgomery, Police Chief Pascale Pring, Director of Corporate Services Firestone, Colorado Incorporated in 1908, the Town of Firestone is a statutory municipality with a Council -Manager form of government. The Town provides a full range of services, including: water, storm water, fire protection, police, parks, recreation, street maintenance and other traditional municipal services. Along with providing general services, being the fastest growing community in Colorado according to the 2010 U.S. Census is a full time job. It is a credit to the Town's forward thinking philosophy of a community in motion that makes it a unique and desirable place to live. In fact, strategic planning, quality service and strong leadership have ranked Firestone among the top 25 Best Places to Live according to Money Magazine. Policy Statement The Legislative Policy Statement is an essential too] used by Board members and staff in approaching legislative issues. As such, the Town of Firestone partners with organizations such as the Colorado Municipal League to ensure that the local level of government is given fair representation. FIRESTONE C 0 L 0 R A D 0 A COMMON/TY/N MOTION 2017 Legislative Policy Statement Town Board of Trustees: Mayor Paul Sorensen John Damsma George Heath Samantha Meiring Drew Peterson Doug Sharp Bobbi Sindelar Colorado Municipal League Policy Committee Liaison: Samantha Meiring, Board Member Bobbi Sindelar, Alternative Member Updated 08-17-2016 2016 SUMMARY POLICY STATEMENTS LOCAL CONTROL First and foremost, the Town strongly supports the preservation of local control on issues of local concern. In order to address local desires, community issues and needs should be addressed locally. State and federal government interference can undermine local control. Therefore. the Town: • Urges state and federal officials to respect Colorado's tradition of local control and allow municipal officials to address local problems without interference from the state and federal government. • Urges congress and the executive branch to respect the roles and responsibilities of state and local governments and similarly urges state officials to avoid preempting local authority. • Supports state enabling legislation that provides statutory and home rule municipalities with authority and flexibility to address local needs. • Recognizes the desire of the citizens statewide and in the Town and many local communities to establish mechanisms for local control and opposes state action that attempts to weaken focal control, authority and flexibility. BUDGET The Town opposes state and federal mandates that are not funded by those levels of government. Managing scarce resources is difficult at every level of government. The Town supports intergovernmental partnerships and collaborative problem solving. We are not in a position to be able to absorb costs of programs mandated by federal and state governments. HIGWWAV AND TRANSPORTATION FUNDING Transportation is priority. The Town advocates for the development of regional transportation funding sources to assist with the solutions to the interstate and state highway infrastructure deficiencies. TRANSPORTATION The Town supports advancements in the regional and local public transportation notwork and vio+vs such improvements vital to its economic development efforts. The Town also advocates for creative solutions, strategic partnerships, and energy efficiency in all aspects of transportation needs. EMERGENCY SERVICES The Town supports the uniform delivery of emergency services to the community to prevent overlapping services from area providers, confusion during times of emergencies and double taxation to residents and land owners. The Town also recognizes the need for close cooperative efforts at all levels of government and supports increased funding to assist local government and first responder responsibilities. 1NTERGOVERINMENTAL COOPERATION Citizens are best served when officials of federal, state and local government (including municipalities, counties, special districts and school districts) respect the roles of each entity and work toward common solutions. Therefore, the Town: • Supports increased dialogue and cooperation among federal, state and local officials and the development of cooperative intergovernmental solutions to common problems WATER RESOURCES Firestone supports a diverse water portfolio. There are several water issues of importance to the Town. Basin of Origin Any transfer of native flows from Northern Colorado to other basins must compensate to the native basin. Any basin of origin bill must not unduly inhibit the Town's ability to acquire and use C-BT or other water rights in the Town's water supply system. Water Quality Any bill concerning water quality must not infringe on the Town's ability to seek protection of its water rights. Water Supply Development Firestone would likely support bills designed to encourage water supply development within the existing framework of the Colorado water law, Supply encouragement could take the form of financial assistance or streamlined approval processes for new water storage projects. Public Trust Bills Firestone is concerned about potentially harmful changes to the existing water law, including those designed to override the prior appropriation doctrine. EI%rts to revise the administration of water rights radically or otherwise change the stream flow regime for rivers could damage Firestone's critical water supply planning efforts. ENERGY DEVELOPMENT The Town supports responsible energy development and strong, sustainable energy partnerships that balances both the land and mineral owner's rights in a congruent manner that promotes local control and protects the community health, welfare and safety. TAX POLICY Sales and Use "Taxes The primary revenue sources for municipalities are local sales and use taxes. Statewide, municipalities generate more than $5 in these taxes to every $1 of property taxes. Sales and use taxes have enabled municipalities to fund public services and improvements and keep municipal property taxes relatively low. Appropriate actions at federal, state and local levels should preserve or enhance these local revenues. Therefore. the Town: • Supports retention of authority for all municipalities to set local tax rates for statutory municipalities to have meaningful input regarding legislation that may affect their tax bases, and for home rule municipalities to collect their own taxes and determine their own tax bases. • Supports appropriate legislation or court action allowing state and local governments to require businesses to collect state and local sales and use taxes on remote sales. • Opposes legislation that would preempt the authority of state and local governments to apply their sales and use taxes to remote sales. • Supports legislation that allows municipality's local control of auditing sales tax collection. Internet Sales Tax Collection The Town believes that web -based internet businesses should be required to collect local sales taxes in a similar manner as bricks and mortar business in order to create commerce equity. The Town of Firestone does not favor changes to the allocation of motor vehicle use tax. Motor Vehicle use tax is allocated to the Town in which the vehicle is registered so that the tar can support the street maintenance effort where the vehicle impacts the state of roadways. Firestone supports continued utilization of FASTER fees to support local transit and transportation priorities. URBAN RENEWAL AUTIiORITY 1 he I own believes in legislation that provides for a financing mechanism available at the local level to transform unproductive and unsafe property into an asset that creates value for the community is essential. The Town opposes further one -size -fits -all approaches to urban renewal that limit flexibility to cooperate with other taxing districts. Updated 08-17-2016 RESOLUTION NO. I (�Q - Z A RESOLUTION IN SUPPORT OF REFERRED MEASURE 2E APPEARING ON THE NOVEMBER 8, 2016 BALLOT, FOR THE CONSTRUCTION AND OPERATION AND MAINTENANCE OF A NEW FIRESTONE PUBLIC SAFETY FACILITY AND PROVISION OF PUBLIC SAFETY SERVICES WHEREAS vibrant and economically sound communities depend on quality emergency services; and WHEREAS quality emergency services depend upon strong community support; and WHEREAS the Firestone Police Department operates out of limited space inside the Firestone Town Hall and in a modular office building located behind Town Hall; and WHEREAS the Town Hall facility and modular office building are not outfitted with the necessary technical equipment considered standard by public safety officials; and WHEREAS experts in law enforcement structures estimate that the Town Hall and modular building are only 30 percent of what police officers need today to perform their duties; and WHEREAS Firestone is routinely recognized among the safest communities, including 92 in Colorado and #6 nationwide; and WHEREAS the Firestone community is experiencing significant growth that requires additional programs and services offered by the Firestone Police Department, and WHEREAS the needs of the Firestone Police Department have far exceeded the spatial capacity of current facilities; and WHEREAS the Firestone community will have the opportunity to express its preference for construction and operation and maintenance of a new Firestone Public Safety Facility when considering Referred Measure 2E, which proposes a debt issuance and a new sales and use tax earmarked for the construction, operation and maintenance of the Firestone Public Safety Facility and for the provision of public safety services; WHEREAS, the proposal for funding of the new Firestone Public Safety Facility is designed so that a portion of the sales and use tax for construction of the facility will be imposed for no more than 20 years, and also so that there will continue to be no Town sales tax on food for domestic home consumption; and WHEREAS, the Board of Trustees is of the opinion that passage of Ballot Issue 2E will facilitate the construction and provision of public safety facilities and services to help keep Firestone among Colorado's safest communities; and WHEREAS, the Board of Trustees desires to express its support for Ballot Issue 2E; 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 hereby expresses it support of the 2016 tax/debt ballot measure for the construction and operation and maintenance of a new Firestone Public Safety Facility and the provision of public safety services and urges the Firestone community to vote "yes" on Ballot Issue 2E at the November 8, 2016 election. PASSED AND ADOPTED BY A VOTE OF k_TO O THIS 14Tn DAY OF SEPTEMBER, 2016 TOWN OF FIRESTONE, COLORADO Z46; POAAA s AAhr I yrr q#v ft-+41'm W1 Medina, Town Clerk RESOLUTION NO. A RESOLUTION IN SUPPORT OF REFERRED MEASURE 3A APPEARING ON THE NOVEMBER 8, 2016 BALLOT, A BOND MEASURE FOR ST. VRAIN VALLEY SCHOOLS WHEREAS vibrant and economically sound communities depend on quality schools; and WHEREAS quality schools depend upon strong community support; and WHEREAS St. Vrain communities invested in quality schools in 2008 by supporting a mill levy override and bond, which produced tremendous dividends for St. Vrain communities as well as St. Vrain students; and WHEREAS St. Vrain communities continued to invest in quality education in 2012 by supporting a mill levy override, which contributed to exceptional education opportunities for St. Vrain communities as well as St. Vrain students; and WHEREAS St. Vrain Schools have received national recognition from the U.S. Department of Education, US Neivs & World Report and the College Board, among others, for the quality of school programs; and WHEREAS St. Vrain students and schools are achieving better academic results and graduating more students; and WHEREAS St. Vrain Schools are experiencing significant growth and will be operating beyond capacity within the next five years if no action is taken; and WHEREAS St. Vrain communities will have the opportunity to express their support for St. Vrain Valley Schools when considering Referred Measure 3A, a bond measure of $260 million earmarked for additional instructional space districtwide, additional support of continued rigorous curriculum, the enhancement of school safety and security, and to address important school repairs and improvements that will ultimately extend the useful life of school facilities; WHEREAS, the Board of Trustees desires to express its support for Ballot Issue 3A; 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 hereby expresses it support of the 2016 St. Vrain Valley School District bond ballot measure and urges St. Vrain voters to vote "yes" on Ballot Issue 3A at the November 8, 2016 election. PASSED AND ADOPTED BY A VOTE OF � TO � _ THIS 14TH DAY OF SEPTEMBER, 2016. TOWN OF FIRESTONE, COLORADO STONV TOWN PaA Sorensej, Mayor SEAL j o COUN7Y.�.GO�O na, Town Clerk RESOLUTION NO. 16- n A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR MIDAS TRI-TOWN WHEREAS, there has been submitted to the Board of Trustees a request for approval of a final development plan for Midas Tri-Town; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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 1. The final development plan for Midas Tri-Town is hereby approved, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 28`h day of September, 2016. PJC'_C� a z � 4, � Paul Sorensen, Mayor EXHIBIT A Final Development Plan, Midas Tri-Town Conditions of Approval 1. Address Town Engineer comments memo dated August 4, 2016, attached hereto as Exhibit A-1. 2. Correct the parking ratio in the Parking section of Sheet 1. 3. Prior to recordation, provide a Title Commitment for the property dated within 30 days. 4. Increase the font size throughout the FDP text to 19-point font, as required by Section 2.10.17 of the Firestone Development Regulations. 5. Modify the titles in the Project Description and Zoning sections on Sheet 1 to be consistent with the same font style already utilized on the Sheet. 6. Modify the zoning throughout the FDP to reference the "M-2 zoning designation with an Overlay Planned Unit Development District permitting the Neighborhood Center land use category as noted in the Safeway Final Development Plan restricting uses to the Neighborhood Center ("PUD NC") Land Use Category." 7. Update and modify the Development Schedule section on Sheet 1 to remove the submittal and issuance date. S. Add the Water Dedication section to the FDP Sheet. 9. Remove offsite information from the Land Use Table and clean up the Land Use Table to ensure that this is succinct. 10. Correct the Vicinity Map scale to be accurate. 11. Add a note to the FDP stating the height of the tires in the tire recycling bin will not exceed the height of the bin. 12. Revise the FDP to show the sidewalk extended as shown on Exhibit A-2, which was presented at the Planning Commission hearing. 13. Using the proposed plants noted in the Plant List, add additional landscaping as shown at the Planning Commission hearing. 14. Note the caliper size of the Western Hackberry in the Plant List. ►. 15. Fix typos and formatting. 16. Revise the material noted for the trash enclosure to specify the exterior as split face block, stucco, or other material used for construction of the main building. 912(Y2015 2:27 PM [kmkj R?Fiic�\Subd lisbnA W FDP.T B rt Aid EXHIMIT A-1 Town Engineer Comments Memo Dated August 4, 2016 Memo COLORADO CIVIL GROUP, INC. fiVb*VN CaruWU= TO: Mr. Bruce Nickerson, The Nickerson Company, Town Planner FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer Lindsey Green, Colorado Civil Group, Inc., Town Engineer 47' P DATE: August 4, 2016 SUBJECT: Midas Tri-Town PROJECT No.: 0668.0422.00 We have completed our review of the Midas Tri-Town FDP, which was received on July 13, 2016. We offer the following comments: Submittal Binder: 1. (10.3.4 Vicinity Map) —An updated Vicinity Map needs to be provided clearly illustrating the existing town limits, bordering streets within one-half mile and to scale per the requirements. 2. (10.3.5 Title Commitment) — A title commitment was not provided, please provide with the next submittal in order to verify the land owners and that there are not any additional encumbrances to the property. 3. (10.3.6 Legal Description) — The aliquot legal description for Midas Tri-Town is acceptable, however, please make some minor corrections to state the following: "ALL OF LOT 3, OF FIRESTONE SAFEWAY PLAT RECORDED ON FEBRUARY 28, 2001 AT RECEPTION NO. 2828882 AT THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER, BEING LOCATED IN THE SW'/a OF SECTION 19, T2N, R67W OF THE 6TH PM, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO. CONTAINING 77,050 SQUARE FEET OR 1.769 ACRES, MORE OR LESS." 4 4. (10.3.10 Water Dedication) — In order to calculate the irrigation CBT shares required, please have the landscape architect provide an estimated demand of drip irrigation required in the river rock areas. The required dedicated CBT shares will be calculated with the next submittal after the irrigation demand information is provided. 5. (10.3.10 Water Dedication) — Twelve months of water bills were provided, please inform the Town of the size of building the water bills were provided for in order to determine if usage will be similar for the proposed Midas. 6. (10.3.11 Water Service Calculation) — Service sizing calculations were provided, however, please acknowledge if there will be any hose bibs located on site as well as include the irrigation requirement in the service sizing calculations. 7. (10.3.13 Traffic Impact Study) — The Trip Generation Analysis Memorandum was submitted and is approved as is. Drainage Letter: 8. According to the "Final Drainage & Detention Calculations, Firestone Safeway" by Taylor Wiseman & Taylor, dated August 28, 2000 Sub -basin 203 is contained onsite and routed to the detention pond. The proposed drainage and grading plan shows basins D & E as undetained, the drainage and grading plan needs to be revised in order to be in compliance with the approved plan. Final Development Plan (FDP)-. 9. (10.5.1 Firestone Information Block) — Please verify that all sheets have sheet titles and preparation dates. 10. (10.5.3 Vicinity Map) — Refer to comment #1 for Vicinity Map requirements. 11. (10.5.4 Owner/Developers) — The owner information was not verified due to no Title Commitment being provided. 12. (10.5.6 Legal Description) — The aliquot legal description is acceptable, refer to comment #3 for minor corrections. 13. (10.5.8 Land Use Table) —The land table needs to be updated to clearly identify the percent of pervious vs. impervious areas. The impervious areas can be further divided into building footprint and parking/sidewalks. The pervious areas can be further divided into non -irrigated and irrigated including turf and drip areas. Please include in the pervious areas the undeveloped area. 14. (10.5.14 Drainage) — Please provide on the Cover Sheet of the FDP, a description of the drainage system and planned improvements. 15. (10.5.16 Water Dedication) -- The water dedication statement will need to be included within the FDP drawing set. The required CBT dedication shares will be calculated with next submittal after the appropriate supporting documentation is provided. 5 16. (10.5.20 Development Schedule) The Development Schedule needs to be updated to provide information on the construction of the project, not the submittal timeline of the development. 17. (10.5.22 Acceptance Block and Notary) — The owner information needs to be filled in on the FDP Cover Sheet. The owner needs to match the owner listed in the Title Commitment. 18. (10.6.5 Parcel Boundaries) — There are discrepancies between sheets of all D&B's called out. If property pins were located, please clarify as such and label recorded vs. measured D&B's. 19. (10.6.9 Site Plan) — Per the Town's criteria Section 2.4.0 -- curb return radii shall be 20', please modify the newly proposed entrance along First Street to meet the minimum criteria. 20. (10.6.9 Site Plan) — The stated lot size throughout the plan set needs to match the approved lot size from the Firestone Safeway Plat. 21. (10.6.12 Roadways, Right -of -Ways and Easements) — All existing easements need to be shown on the site plan. 22. (10.6.13 Paved Areas) — Please provide detail along the south asphalt edge and how drainage will work & erosion will be mitigated. 23.(10.6.20 Mailboxes, Signs, Lighting and Advertising Devices) — Stop signs should be located at each egress location, please locate on the site plan and label as such. 24. (10.6.26 Grading Plan and Drainage) — A Storm Water Management Plan does not need to be submitted to the Town of Firestone, but the Applicant will need to determine if a CDPS permit is required. If so, the SWMP needs to be prepared in accordance with CDPS storm water permitting requirements. 25. (10.6.26 Grading Plan and Drainage) — Provide a detail of the 2' pan. 26. (10.6.32 Landscape Plan) — It does not appear that there is any irrigated turf within the site. 27. (10.6.36 Location of Landscape Items) — Please add all utilities to the landscape plan. A minimum distance of 10' for trees and 5' for shrubs is required above water, sewer lines and fire hydrants. 28. (10.6.49 Address Map) — This lot will be addressed along First Street with an address 8059 First Street. Please list the address of the lot in the coversheet text of the Midas Tri-Town FDP plan set, including the town and zipcode (Firestone, CO 80504). 29.(10.6.51 Site Details) — Please update all details to the Town's current ones. 30. (10.6.52 Utility Plan) — If the new water meter pit is not located within an existing utility easement an exclusive water easement will be required. Please show all existing easements and provide the Exclusive Waterline Easement Exhibits A and B, if required. 31. See returned redlines for additional comments. Misc: 32. Need to make independent submittals to St. Vrain Sanitation District and Frederick- Firestone Fire Prevention District. These comments are provided to assist in the preparation of the FDP for this project. The Applicant's consultant should return the redlined plan set as well as their responses to the comments with their next submittal. We will be happy to meet with the applicant and their consultants to review these comments, Let us know if there is anything else that we can help you with. EXHIBIT A-2 Drawing of Sidewalk to be Extended RESOLUTION NO. 16-V A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR BLUESTEM TECH CENTER WHEREAS, there has been submitted to the Board of Trustees a request for approval of a final development plan for Bluestem Tech Center; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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 1. The final development plan for Bluestem Tech Center is hereby approved, subject to the conditions set forth on Exhibit A attached hereto andl incorporated herein by reference. PASSED AND ADOPTED this 2$'h day of September, 2016. ;�"�ST O/�� n Sorensen, Mayor A v�� kv Ca sa Medina, Town Clerk EXHIBIT A Final Development Plan, Bluestem Tech Center Conditions of Approval 1. Address Town Engineer comments memo dated September 13, 2016, attached hereto as Exhibit A-l. 2. Address Town Planner comments in email dated September 14, 2016, attached hereto as Exhibit A-2. 3. Revise the FDP to note that proposed parking complies with ADA requirements. 9r=OL61:50PN1 tlmlj R:1F4cvomASubdi%iskgtskBhrest=Tceh FDP.TB rmducx 2 EXHIBIT A-1 Town Engineer Comments Memo dated September 13, 2016 PF-ReAR9. COLORADO CIVIL GROUP, INC. Lrpu+ekv Couatm Memo TO: Mr. Bruce Nickerson, The Nickerson Company, Town Planner FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer � Amber Messersmith, Colorado Civil Group, Inc., Town Engineer K`t DATE: September 13, 2016 SUBJECT: Bluestem Tech Center PROJECT No.: 0668.0421.00 We have completed our review of the Bluestem Tech Center Final Development Plan that was received on August 17, 2016 and offer the following comments: General: 1. The Town will need to prepare recording instructionslorder for this application. 2. The water easement agreement will need to be executed prior to recording the FDP. 3. The water easement agreement reception number will need to be filled in on Sheet 7-Utility Plan prior to recording the FDP. Submittal Binder: 4. Title Commitment (10.3.5) — The Title Policy lists the owner as Bluestem Tech Center, LLC a Colorado Limited Liability Company dated of June 27, 2016. An updated Title Commitment is required prior to recording, dated no later than one month prior to the application date. 5. Water Dedication (10.3.10) — We have reviewed the information submitted for the water dedication. We recommend the Applicant call us to discuss this item. DOMESTIC DEMAND - The Applicant provided actual water bills from a building in Longmont. The annual usage per building square of the Longmont building is 3.8 gallons per year per building square foot. This usage seems low to us (the average commercial K office usage in Firestone is 38 gallons per year per building square foot). The Domestic Demand is calculated to be 2.5 CBT shares (based on 38 gallonslyearlbuilding square footage * 12,480 building square footage). IRRIGATION DEMAND — The irrigation demand is calculated to be 0.43 CBT shares (based on the landscape area of 0.172 acres). The water shares for the existing landscaping located along the north edge of the property were previously dedicated. TOTAL. CBT SHARES — The Total CBT water shares is 3 CBT shares. 6. Water Service Calculations (10.3.11) — Revised water service sizing calculations were submitted using the IPC. The flow rate was compared to AWWA Table 6-1. A 1-inch water meter and tap is acceptable. The water service sizing calculations do not need to be re -submitted. Final Drainage Report (FDR): 7. The Final Drainage Summary for the Bluestem Tech Center prepared by Benchmark Engineers dated July 1, 2016 was reviewed and approved. 8. Two (2) original stamped hardcopy Final Drainage Reports will need to be submitted with the final Mylars. Final Development Plan (FDP): 9. Sheet 1 (Project Concept) — The uses listed in the Project Concept section of the FDP have been made consistent with the water dedication calculations. 10. Sheet 1 (10.5.16 Water Dedication) — The water dedication language is correct. 11. We have no further engineering comments. These comments are provided to assist the applicant in preparation of the FDP. We will forward these comments to the applicant's engineer. Let us know if there is anything else that we can help you with. 4 EXHIBIT A-2 Town Planner Comments, email dated September 14, 2016 MEMO DATE September 14, 2016 TO John D'Amico FROM Bruce Nickerson, Town Planner SUBJECT Bluestein Tech Center Final Development Plan CC Town Staff For your reference, we have reviewed the proposed resubmittal of the Final Development Plan ("FDP") dated August 18, 2016 along with associated documents for the Bluestein Tech Center application and have the following comments. FDP 1. Modify plans pursuant to comments from the Town Engineer. 2. In the Project Concept section note that restaurants are permitted, provided the necessary water to operate them is dedicated to the Town. Please contact us if you have any questions regarding these comments. 5 TOWN OF FIRESTONE, COLORADO RESOLUTION NO. 16-30 A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO, REGARDING THE PROVISION OF EMERGENCY SERVICES TO AN ANNEXATION OF THE TOWN OF FIRESTONE WHEREAS, by Ordinance number 889, the Town of Firestone ("Town") annexed property known as the Firestone Ninth (91h) Annexation ("Firestone Ninth Annexation") within its corporate boundaries. The Firestone Ninth Annexation was recorded on September 27, 2016, and became effective as of that date. The legal description for the Firestone Ninth Annexation is attached hereto as Exhibit A; and WHEREAS, the Town and the Frederick -Firestone Fire Protection District ("Frederick - Firestone FPD") entered into an intergovernmental agreement ("IGA") on October 30, 2003, which obligates Frederick -Firestone FPD to provide, and designates Frederick -Firestone FPD as the sole provider of, fire prevention, fire suppression, emergency medical, emergency rescue, ambulance, and hazardous materials services (collectively, "Emergency Services") to all property within the Town's corporate boundaries. On July 25, 2012, the Town renewed the IGA for a ten- year term to expire October 30, 2023; and WHEREAS, the Firestone Ninth Annexation is currently located within the boundaries of the Mountain View Fire Protection District ("Mountain View FPD"), which currently provides the Emergency Services to the Firestone Ninth Annexation; and WHEREAS, the Town, through the IGA with Frederick -Firestone FPD, can provide the same or better fire protection and Emergency Services to the Firestone Ninth Annexation as Mountain View FPD currently provides; and WHEREAS, the Town Board of Trustees believes it is in the best interests of the Firestone Ninth Annexation, and the Town's citizens and their property, for the Town, through the IGA with Frederick -Firestone FPD, to provide the Emergency Services to the Firestone Ninth Annexation immediately upon exclusion of the Firestone Ninth Annexation from Mountain View FPD. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO, THAT: Section I. The Town, through the IGA with Frederick -Firestone FPD, will provide the Emergency Services to the Firestone Ninth Annexation on and after the effective date of the Court Order excluding the Firestone North Annexation from Mountain View FPD. Section 2. Effective Date. This resolution shall be become effective immediately upon adoption. Section 3. Repealer. All resolutions or parts thereof, in conflict with this resolution are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor revive any resolution thereby. Section 4. Certification. The Town Clerk shall certify to the passage of this resolution and make not less than one copy of the adopted resolution available for inspection by the public during regular business hours. INTRODUCED, READ, PASSED, AND ADOPTED THIS DAY OF OCTOBER, 2016. ATTEaar FIRES �I rpwN Bmt y 6M-e7ttn"a, Town Clerk y 00,, ...,,''Q< ,..co OF FIRESTONE aul Sorensen, Mayor EXHIBIT A LEGAL DESCRIPTION FIRESTONE NINTH (91h) ANNEXATION A tract of land located in the in the W1/2 of Section 25, the E1/2 of Section 26, the NEIA of Section 35, and the NW I A of Section 36, T3N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINNING at the SIA Corner of said Section 26, from which the Southeast Corner of said Section 26 bears N89°16'34"E, 2655.85 feet (Basis of Bearing), thence N00°06'14"W, 30.00 feet along the West Line of the SE 1/4 of said Section 26 to the Northerly Right-of-way Line of Weld County Road 28; Thence N89°16'34"E, 2625.80 feet along the Northerly Right-of-way Line of said Weld County Road 28 to the Westerly Right-of-way Line of said Weld County Road 1 1; Thence N00°12'43"W, 2624.77 feet along the Westerly Right-of-way Line of said Weld County Road 1 1; Thence N00°I3'07"W, 2614.57 feet along the Westerly Right-of-way Line of said Weld County Road l l to the Southerly Line of the Northerly 40.00 feet of the NE I /4 of said Section 26; Thence N89°39'14"E, 30.38 feet along the Southerly Line of the Northerly 40.00 feet of the NE1/4 of said Section 26 to the Southerly Line of the Northerly 40.00 feet of the NW1A of said Section 25; Thence N88°49'43"E, 78.81 feet along the Southerly Line of the Northerly 40.00 feet of the NW 1/4 of said Section 25 to the Southeasterly Right-of-way Line of State Highway 66 conveyed to The Department of Highways, State of Colorado as described in Special Warranty Deed recorded December 13, 1957, in Book 1491, as Reception No. 1266961 of the records of Weld County, Colorado; Thence S43°50'43"W, 70.71 feet along the Southeasterly Right-of-way Line of said State Highway 66 to the Easterly Right-of-way Line of said Weld County Road 11; Thence S00°13'07"E, 2565.14 feet along the Easterly Right-of-way Line of said Weld County Road l l ; Thence S00°12'43"E, 2684,23 feet along the Easterly Right-of-way Line of said Weld County Road 1 1 to the Northerly Line of BAREFOOT ANNEXATION, an annexation to the Town of Firestone; Thence S89°16'34"W, 29.98 feet along the Northerly Line of said BAREFOOT ANNEXATION to the East Line of the NEI/4 of said Section 35, also being a point along the Southerly Right-of- 4 way Line of said Weld County Road 28; Thence S89°16'34"W, 2655.62 feet along the Southerly Right-of-way Line of said Weld County Road 28 to the West Line of the NE 1 /4 of said Section 35; Thence N00°42'02"W, 30.00 feet along the West Line of the NEI/4 of said Section 35 to the POINT OF BEGINNING. Area = 10.944 acres, more or less. M372016 [;Si Prf ]kmk] R;4Fire tonelAnnmmionTiresmne Ah (ROW) dig res.doc TOWN OF FIRESTONE, COLORADO RESOLUTION NO. 16-31 A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO, REGARDING THE PROVISION OF EMERGENCY SERVICES TO AN ANNEXATION OF THE TOWN OF FIRESTONE WHEREAS, by Ordinance number 891, the Town of Firestone ("Town") annexed property known as the Firestone Tenth (10`h) Annexation ("Firestone Tenth Annexation") within its corporate boundaries. The Firestone Tenth Annexation was recorded on September 27, 2016, and became effective as of that date. The legal description for the Firestone Tenth Annexation is attached hereto as Exhibit A; and WHEREAS, the Town and the Frederick -Firestone Fire Protection District ("Frederick - Firestone FPD") entered into an intergovernmental agreement ("IGA") on October 30, 2003, which obligates Frederick -Firestone FPD to provide, and designates Frederick -Firestone FAD as the sole provider of, fire prevention, fire suppression, emergency medical, emergency rescue, ambulance, and hazardous materials services (collectively, "Emergency Services") to all property within the Town's corporate boundaries. On July 25, 2012, the Town renewed the IGA for a ten- year term to expire October 30, 2023; and WHEREAS, the Firestone Tenth Annexation is currently located within the boundaries of the Mountain View Fire Protection District ("Mountain View FPD"), which currently provides the Emergency Services to the Firestone Tenth Annexation; and WHEREAS, the Town, through the IGA with Frederick -Firestone FPD, can provide the same or better fire protection and Emergency Services to the Firestone Tenth Annexation as Mountain View FPD currently provides; and WHEREAS, the Town Board of Trustees believes it is in the best interests of the Firestone Tenth Annexation, and the Town's citizens and their property, for the Town, through the IGA with Frederick -Firestone FPD, to provide the Emergency Services to the Firestone Tenth Annexation immediately upon exclusion of the Firestone Tenth Annexation from Mountain View FPD. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, WELD COUNTY, COLORADO, THAT: Section I. The Town, through the IGA with Frederick -Firestone FPD, will provide the Emergency Services to the Firestone Tenth Annexation on and after the effective date of the Court Order excluding the Firestone Tenth Annexation from Mountain View FPD. Section 2. Effective Date. This resolution shall be become effective immediately upon adoption. Section 3. Repealer. All resolutions or parts thereof, in conflict with this resolution are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor revive any resolution thereby. Section 4. Certification. The Town Clerk shall certify to the passage of this resolution and make not less than one copy of the adopted resolution available for inspection by the public during regular business hours. INTRODUCED, READ, PASSED, AND ADOPTED THIS Lh `h DAY OF OCTOBER, 2016. A LIM Cary§sAAedina, Town Clerk tES r '` OF FIRESTONE SITA&y 2 I Sorensen, Mayor EXHIBIT A LEGAL DESCRIPTION FIRESTONE Tenth (loth) ANNEXATION A tract of land located in the WI/2 of Section 2, T2N, R68W, and in the SWI/4 of Section 35, T3N, R68W, all of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 35, from which the WI/4 Corner of said Section 35 bears NOO°56'47"W, 2679.94 feet (Basis of Bearing), thence N89°12'54"E, 52.23 feet along the South Line of the SW 1/4 of said Section 35 to the Westerly Line of Weld County Road 9.5 conveyed to Weld County, Colorado, as described in Quit Claim Deed recorded September 14, 2007, as Reception No. 3504090 of the records of Weld County, Colorado, and the POINT OF BEGINNING: Thence N00°l0'15"W, 460.33 feet along the Westerly Line of said Weld County Road 9.5; Thence N02028'47"E, 914.41 feet along the Westerly Line of said Weld County Road 9.5 to the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of BAREFOOT LAKES ANNEXATION, an annexation to the Town of Firestone; Thence S06°i4'03"E, 601.98 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point of curve to the right; Thence Southerly, 366.52 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point tangent, said arc having a radius of 3379.26 feet, a central angle of 06° 12'52", and being subtended by a chord that bears S03°07'37"E, 366.34 feet; Thence SOO°O1'1 I "E, 186.21 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a Northerly Line of Interstate Highway 25 as shown on Colorado Department of Transportation Highway Right-of-way plans for project NH-IRCX-025-3(109) recorded April 6, 2006, as Reception No. 3377298 of the records of Weld County, Colorado; The following courses and distances are along the Northerly, Easterly, and Southerly Lines of said Interstate Highway 25: Thence N89°58'49"E, 114.83 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION; Thence SOO°01' 1 1 "E, 119.70 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION to the Southwesterly Corner of said BAREFOOT LAKES ANNEXATION; Thence continuing S00°01' I 1 "E, 100.52 feet to the South Line of the SW 1 /4 of said Section 35; Thence S00°01'I I"E, 140.35 feet; Thence S89°59'00"W, 114.83 feet to the Easterly Line of said Weld County Road 9.5; Thence leaving the Southerly Line of said Interstate Highway 25, S00°OI' ] I "E, 241.51 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the right; Thence Southerly, 606.34 feet along the are of said curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said arc having a radius of 994093 feet, a central angle of 03°29'41 ", and being subtended by a chord that bears SO 1 °43'40"W, 606.25 feet; Thence S03°28'30"W, 23.48 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the 2 left; Thence Southerly, 541.42 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5, said arc having a radius of 9744.08 feet, a central angle of 03*11'01 ", and being subtended by a chord that bears SOl°53'00"W, 541.35 feet; Thence S0101'15"E, 246.52 feet along the Easterly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left; Thence Southerly, 239.98 feet along the arc of said non -tangent curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said arc having a radius of 2766.36 feet, a central angle of 04*58' 13", and being subtended by a chord that bears S02°30'30"E, 239.91 feet; Thence SO4°59'37"E, 438.53 feet along the Easterly Line of said Weld County Road 9.5; Thence 534'34'53"E, 79.43 feet along the Easterly Line of said Weld County Road 9.5 to the Northerly Line of Weld County Road 24.5; Thence S00°02'32"W, 30.00 feet along the Easterly Line of said Weld County Road 9.5 to the South Line of the NW 114 of said Section 2; Thence N89°57'28"W, 135.53 feet along the South Line of the NW] /4 of said Section, also being the Northerly Line of DEL CAMINO JUNCTION ANNEXATION, an annexation to the Town of Firestone in the SWIM of said Section 2 recorded December 17, 1999, as Reception No. 2739034 of the records of Weld County, Colorado; Thence SO4°59'27"E, 30.12 feet along the Westerly Line of said DEL CAMINO JUNCTION ANNEXATION to the Southerly Line of said Weld County Road 9.5; Thence N89"57'28"W, 26.17 feet along the Southerly Line of said Weld County Road 9.5; Thence Northerly, 414.36 feet along the arc of a curve concave to the East and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 9608.67 feet, a central angle of 02°28'15", and being subtended by a chord that bears NO3'O9' 12"W, 414.33 feet; Thence N 1 °46'09"W, 593.37 feet along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the right; Thence Northerly, 604.97 feet along the arc of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left, said arc having a radius of 9154.12 feet, a central angle of 03'47'1 1 ", and being subtended by a chord that bears N00°23'24"E, 604.86 feet; Thence Northerly, 854.59 feet along the arc of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 13722.41 feet, a central angle of 03034'06", and being subtended by a chord that bears NO 1 °05'41 "E, 854.45 feet; Thence NO°10'15"W, 131.50 feet along the Westerly Line of said Weld County Road 9.5 to the POINT OF BEGINNING. Area = 10.582 acres, more or less. =312016 1:58 P\7 tkmkl 10th (ROW)ord.doc 3 RESOLUTION NO. 16- 5 Z- A RESOLUTION APPROVING A FINAL PLAT AND FINAL DEVELOPMENT PLAN FOR BAREFOOT LAKES FILING NO.2 WHEREAS, there has been submitted to the Board of Trustees a request for approval of a final plat and final development plan for Barefoot Lakes Filing No. 2; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 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: Section 1. The final plat and final development plan for Barefoot Lakes Filing No. 2 is hereby approved, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 9t' day of November, 2016. IL, 0 'aul Sorensen, Mayor EXHIBIT A Final Plat and Final Development Plan Barefoot Lakes Filing No. 2 Conditions of Approval 1. Revise the application materials and otherwise address comments from the Town Engineer set forth in the memorandum dated November 2, 2016, attached hereto as Exhibit A-1. 2. Revise the application materials and otherwise address comments from the Planning Coordinator set forth in the memorandum dated November 8, 2016, attached hereto as Exhibit A-2 3. Execute a subdivision agreement, in a form to be approved by the Town Attorney. 4. Execute a license agreement related to special signage in the right-of-way, in a form to be approved by the Town Attorney. 5. Modify the Typical Lot Setback Diagrams For Lots With Detached Garages to show a three-foot (3') setback. 6. Provide additional criteria regarding fencing type, location and accessory structures for the Lots With Detached Garages, in a form to be approved by the Town Manager. 11/412016 4:53 PM ["-I RAFnawx\&UMsionMardow F2 FF FORTB rcs.docx 2 EXHIBIT A-1 Town Engineer Memo Dated November 2, 2016 P qIPA— Ji9f. - COLORADO CIVIL GROUP, INC. fnoawh 4 Cwsuhnna TO: Mr. Bruce Nickerson, The Nickerson Company, Town Planner FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer ' � Amber Messersmith, Colorado Civil Group, Inc., Town Engineer Ktit DATE: November 2, 2016 SUBJECT: Barefoot Lakes Filing 2 PROJECT No.: 0668.0413.07 I S, We have completed our review of the: Barefoot Lakes Filing 2 Final Plat, Final Development Plan and Final Utility Plan application received on September 19, 2016. We offer the following comments: General: 1. A License Agreement is needed for this project to address maintenance and replacement of the traffic and street signs and posts in the public right-of-way. There are no landscape improvements proposed in the public right-of-way that are out of the ordinary that will require inclusion in the License Agreement. Submittal Binder: 2. Title Commitment (10.3.5) — The Title Commitment lists the owners in fee as Barefoot LLC, A Colorado Limited Liability Company and St. Wain Metropolitan District No. 1 dated September 6, 2016. An updated Title Commitment is required prior to recording, dated no later than one month prior to the application date. Subdivision Agreement: 3. The Subdivision Agreement for Filing 2 should be very similar in form to the Filing 1 agreement. We have sent comments to the Town Attorney with our suggested revisions. 4. Based on the construction plans submitted, there will be 3 phases of infrastructure and based on the FDP submitted there will be an additional 13 phases of landscape improvements, including the 3 proposed neighborhood pool and playground area. As with the Filing 1 subdivision agreement, this agreement allows for most of the public improvements to be secured with a bond and only a portion of them secured with an LOC. 5. The construction of Ronald Reagan Blvd. from WCR 9.5 to Eagle River Rd. must be completed prior to the issuance of the first building permit with Filing No. 2. 6. All of the Detention Pond 104 improvements, including the access road, must be included in Infrastructure Phase 1.0. 7. The applicant has submitted a DRAFT Exhibit B with the cost estimates for each of the 16 phases. There are some quantities they need to confirm and there are some costs related to Detention Pond 104 that are missing. We have redlined the exhibit and will forward that to them with our plan redlines. In addition to the revisions we have noted we also need them to prepare a graphic showing the Infrastructure Phases and a graphic showing the Landscape Phases that will be a part of Exhibit B. Lake Management Memo: 8. The lake management memo prepared by Kennedy/Jenks, dated February 19, 2016 and revised September 14 2016 was reviewed. 9. All of our previous comments have been addressed. Drainage Report: 10. The revised drainage report titled "Barefoot Lakes Subdivision Filing No. 2" prepared by Redland dated February 18, 2016 and revised on September 15, 2016 was reviewed. 11. The hydraulic calculations for the two outlet pipes and the weir from Detention Pond 104 need to be revised in Appendix C. The stage/discharge calculations need to be expanded to reflect the actual weir flow depth so that these better match the actual flow rates shown in the SWMM model. 12. Revise Sheet DNG2 to show the 100-yr and 10-yr detention pond characteristics (see redlines). 13. See redlined report for additional comments. 14. The Applicant should submit two (2) Final stamped hardcopy reports and a PDF file. Filing No. 2 Final Plat (F2 FP): 15. Sheet 1 — The SVSD and LTWD acceptance blocks are not required by the Town. 16. Sheet 2 (Note #5) — Note #5 needs to be updated based on the most up to date title commitment received (September 6, 2016). All existing easements per the most up to date title commitment need to be shown/labeled on the Plat. 4 17. Sheets 4-8 (11.4.13 Easements) — Refer to the United Power referral comments regarding side lot easements for the street light feeds. Show these on the Plat. There are new easements shown with this submittal that appear to be dedicated by separate document. Why not dedicate these and the united power easements with this Plat? 18. Sheets 8 (11.4.13 Easements, off -site) — We have reviewed the separate metes and bounds legal description and exhibit (on 8.5"x11") for the off -site drainage easement. No problems were found. The Town will prepare the drainage agreement. 19. Refer to the Final Plat for any additional redlined comments. Filing No. 2 Final Development Plan (F2 FDP) Map: 20. Sheets 10-15 (10.6.9 Site Plan) — The typical detail showing the utility easements and the side lot drainage easements should be added to the FDP as it was on the Plat. The reference in Note #1 needs to be changed from "LO-4 to Sheet 5". 21. Sheets 16-17 (10.6.7, 10.6.22, 10.6.38 Tract Plan, Utilities, Phasing) — Refer to the Final Utility Plan for any utility and phasing comments. 22. Sheet 18 (Landscape Plan, Phasing) — A separate phasing plan was added for the Landscape and Trail phasing. 23. Sheets 19 & 22 (10.6.32 Landscape Plan) — The Sheet numbers need to be updated in note #8a. There are 4 trees located in Tract C that need moved to be 10' away from the storm sewer. 24. Sheet 31-32 (10.6.26 Grading Plan) — Refer to the Final Utility Plan for any grading comments. 25. Sheets 44-49 (10.6.41 Fencing Plan) — The detail sheet numbers need to be updated in the site keynotes on all of the fencing plans. 26. See scanned FDP redlines for any additional comments. Filing No. 2 Final Utility Plans (F2 FUP): 27. Sheet C1.3 (Street Section) — All of the public streets in this filing are local streets and will have a 4' detached concrete sidewalk. The Town's standard minimum sidewalk width is 5'. We have no objection to a variance. 28. Sheets C3.0-C4.3 (Grading & Overall Utility Plan) — The new PA3-1 storm sewer needs to be labeled. The existing 42" storm sewer in Eagle River Rd from Filing No. 1 needs to be faded back. 29. Sheets C3.2 & C3.6 (Pond 105) - The Detention Pond 105 Characteristics need to be labeled (see redlines). 30. Sheet C5.1 (Street P&P, St. Wain Road) — The end of asphalt and curb and gutter (and Type 3 barricade) for Phase 1.0 needs to be called out since this is not at a PCR like the typical detail. Misc: 31. Sheet C5.20 (Storm P&P) — The Outfall Al should be changed to read 42" forebay. The riprap type needs to be called out. . 32. Sheet C5.22 (Pond 104) - The Detention Pond 104 characteristics need to be labeled in the plan view along with 100-yr and 10-yr water surface elevations in the details. We also need more of the existing contours labeled so we can confirm how the runoff reaches the pond outlet and to map the 100-yr inundation limit. 33. Sheet C5.22 (Pond 104, access) - The grading needs to be further revised to provide a turn -around on the pond embankment west of the spillway to allow for safe ingress and egress by maintenance staff in the event water is flowing over the spillway. 34. Sheet C5.24 (Pond 104) - There are several revisions needed to the Pond 104 access. We don't object to using the pedestrian trial as the access but the concrete section needs to be extended all the way around to the gravel access road. And the gravel access road needs to be 20' wide like it is over the pond embankment. Also, this improvement can't be subject to a separate development application. The entire access road must be completed with the Pond 104 improvements with Phase 1.0. 35. Refer to the Final Utility Plans for any additional redlined comments. 36. Need to make independent submittals to the Frederick- Firestone Fire Protection District, the St. Vrain Sanitation District and the Little Thompson Water District. The Applicant should return their responses to the comments with their next submittal (the applicant does not need to return the original redlines with the next submittal). Engineering is ready for Mylar with the Final Plat and Final Development Plan with the above comments addressed. We need another paper submittal for the Exhibit B and the Final Utility Plans. N. EXHIBIT A-2 Planning Coordinator Memo Dated November 8, 2016 MEMORANDUM DATE November 8, 2016 TO Elizabeth Kay Marchetti, Brookfield Residential FROM Rebecca Toberman, Planning Coordinatot0 RE Barefoot Lakes Filing 2 cc Town Staff For your reference, the Planning Department has reviewed the Barefoot Lakes Filing 2 Final Plat (F. Plat) and Final Development Plan ("FDP") submitted on September 16, 2016 and has the following comments. These comments do not include comments from the Town Engineer, but do include comments from the Town Attorney. General 1. Modify documents (including Submittal Binder, F. Plat, FDP, Final Utility Plans, Lake Management Memo, Subdivision Agreement, Drainage Report, etc.) pursuant to comments from the Town Engineer. FP 2. Revise the vicinity map on the final plat to reference Firestone street names (Ronald Reagan Boulevard and Birch Street). FDP 3. Assure that any construction phase lines recognize phased trail construction and connections. 4. Modify trail/sidewalk memo as may be necessary to be accurate. 5. Confirm that street lights utilize LED bulbs, as in Filing 1 and add a note stating that. Sheet 1 6. Legal Description, Parcel 1, correct inconsistent text. Sheet 2 7, Private Maintenance & Enforcement, remove "below" from last sentence. 7 8. Parks, Trails, & Open Space, first paragraph, correct referenced sheet numbering. 9. Parks, Trails, & Open Space, third paragraph, spacing inconsistent with other paragraphs and correct referenced sheet numbering. Sheet 3 10. Parking, second paragraph, correct referenced sheet numbering. 11. Lighting, correct referenced sheet numbering. 12. Fencing Standards, correct referenced sheet numbering. 13.Architecture Design Standards, correct referenced sheet numbering in the second & third paragraphs. 14. Enhanced Elevation Table, Block 4, delete Lot 16, no such lot and in Block 6, delete Lot 16, no such lot. Sheet 4 15. Roof Forms, correct referenced sheet numbering. 16. In the Freestanding Garage text, remove the words "Shall Make Considerations" to be an affirmative statement. Also add text regarding detached garages that are located in the "front" yard shall be subject to the enhanced elevation that fronts the adjacent street. 17. In the Freestanding Garage text, remove the last sentence. 18. Landscape Design Standards, correct referenced sheet numbering. 19. Barefoot Lakes Signage Standards, correct referenced sheet numbering. 20. Development Schedule, correct referenced sheet numbering. Sheet 5 21. In the Building Setback Table, correct the following items: • Attached Garage, correct referenced sheet numbering. • Freestanding Garage, add the text that is partially missing. Sheet 7 22.In the Address Plan, confirm the addressing with the Town Engineer for Block 8, Tract E as the street is named North Bend Court for 7 houses and it might make 8 sense to keep the name North Bend Way the same as the other houses on Blocks 1 & 2 in Filing #1. 23. In the Address Plan, Lot 28, Block 1 — Move the directional arrow so it's not running into the address. Sheet 8 24. In the Address Plan, correct the following items: • Indicate Block # for Lots 60-67 on Brook Creek Avenue. • Lot 5, Block 6, move the directional arrow so it's not running into the address. • Lots 5-9, Block 6, addresses are facing 2 different ways, make consistent. • Block 7, move the number for Lot 5 down to match other lot #'s. • Lot 9, Block 7, address is facing different direction from the others. Sheet 9 25. In the Address Plan, Lot 1 is missing from the Block 8 address block. Sheet 11 26.In the Site Plan, Tracts B & F are difficult to read as they are placed over other details and needs corrected. Sheet 12 27. In the Site Plan, indicate what Block # belongs to Lots 1 & 2. Sheet 13 28. In the Site Plan, indicate what Block # belongs to Lots 9, 10 & 11. Sheet 16 29. In the Section 8 "Fencing," subsection "a" correct the reference to the fence series (should be Sheets 44-49, not 41-46). Sheet 19 30.In number 8 Fencing, correct referenced sheet numbering. 9 Sheet 44 31. In the Fence Standards, number 7 b correct referenced sheet numbering. 10 RESOLUTION NO. 16- 33 A RESOLUTION APPROVING A FINAL PLAT FOR DEL CAMINO CENTRAL, FILING NO. 2 WHEREAS, there has been submitted to the Board of Trustees a request for approval of a final plat for Del Camino Central, Filing No. 2; and WHEREAS, all materials related to this application have been reviewed by Town Staff 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 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 final 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 1. The final plat for Del Camino Central, Filing No. 2 is hereby approved, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 9`" day of November, 2016. ��REsroN� .� TOWN SEAL 10 IT ssa Medina, Town Clerk ul Sorensen, Mayor EXHIBIT A Final Plat Del Camino Central, Filing No. 2 Conditions of Approval Submit inclusion documents to the Carbon Valley Parks and Recreation District prior to filing the final plat with the Town for recording. 2. Provide an updated title commitment prior to recording. 3. Revise the introductory sentence in the Ownership and Dedication block to read as follows: "Know all men by these presents, that the undersigned Sand Land Inc. and Sand Land Properties, LLC a.k.a Sand Land Properties LLC...." 4. Revise the vicinity map to remove all bold lines except for those showing the boundary of the subject property. 5. Revise the application materials and otherwise address the Town Engineer comments set forth in the memo dated October 19, 2016, attached hereto as Exhibit A-1. 6. Execute a subdivision agreement, in a form to be approved by the Town Attorney. I InM16 11:48 AA1 ["-I F2 FP2016,TB rcc&" 1) EXHIBIT A-1 Del Camino Central, Filing No. 2 Final Plat Town Engineer's Memo dated October 18, 2016 & . - iP6'; 6 � r,4. ..a I., IF"*4�f COLORADO CIVIL GROUP, INC. fngfm&ng Combats Memo TO: Mr. Bruce Nickerson, The Nickerson Company, Town Planner FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer t � Amber Messersmith, Colorado Civil Group, Inc., Town Engineer x DATE: October 19, 2016 SUBJECT: Del Camino Central Filing No. 2 / Gateway North PROJECT No.: 0668.0047.03 We have completed our review of the: Del Camino Central Filing No. 2 Final Plat and Gateway North Final Utility Plan 2Id submittal application received on September 23, 2016. We offer the following comments: General: 1. The Final Utility Plans include public improvements for Arbor St, Union St, WCR 24.5, the Gateway North Multi -family, and Gateway North Storage improvements. 2. The Applicant must obtain written permission from the ditch company to install the box culvert under Arbor Street and submit it to the Town prior to recording the Final Plat. 3. The Applicant provide the Town with a copy the drainage easements across the Vara property and the Weld County property for the proposed drainage facilities prior to recording the Final Plat. 4. The Town needs to be know who is maintaining the off -site drainage conveyance and what mechanism is in place to assure that it is being maintained. Submittal Binder: 5. Title Commitment (10.3.5) — An updated Title Commitment was not included with the re -submittal. The previously submitted Title Commitment lists the owners in fee as Sand Land, Inc. a Colorado 3 corporation and Sand Land Properties, LLC aka Sand Land Properties LLC with an effective date of December 16, 2015. There does not appear to be any deeds of trust or liens on this property. An updated Title Commitment is required prior to recording, dated no later than one month prior to the application date. 6. Environmental Assessment (10.3.12) — The Phase I ESA titled "Gateway North Parcel 131302311079 Northeast Corner of Firestone Boulevard and East Interstate 25 Frontage Road Firestone Colorado 80504" prepared by National Inspection Services dated July 5, 2016 was reviewed. There are no issues concerning the land that will be dedicated to the Town. The report does not need to be revised or re -submitted. The report discusses an oil spill that occurred in 2015 (approximately 2 barrels of oil) from the Kerr-McGee's Varra 14-2 and 35-2 oiltnatural gas wells located on Lot 2, Block 1. Groundwater wells are being monitored on a quarterly basis until benzene concentrations stabilize under the Colorado Groundwater Standard. 7. Traffic Impact Study (10.3.13) - The Traffic Impact Study (TIS) titled "Firestone Multi -Family and Storage" and was prepared by Eugene G. Coppola dated September 7, 2016 was reviewed and approved. The report covers the Gateway North -Multi -Family and the Storage developments and assumes the construction of Union Street and Arbor Street (from Firestone Blvd. to WCR 24 1/). 8. Water Service Calculations (10.3.11) — AWWA water service sizing calculations were provided for the 24-plex building only. The 1.5" tap/meter is acceptable. AWWA water service sizing calculations are required for the 21-Plex building, the Clubhouse/Pool, the Maintenance building and the Storage Office. No irrigation demand is required in the Multi -Family calculations since there is a separate irrigation tap and meter for this site. The Storage office calculations must include the irrigation demand. The water service sizing calculations need to be revised and re -submitted with the next submittal. 9. Subdivision Agreement — The Town will prepare a draft of the Subdivision Agreement. We have reviewed the Exhibit B submitted showing Phases I-V. The phase numbering needs to be made consistent between the Exhibit B's and the FUP's (i.e. Phases 1, 2, 3, 4, 5 or Phases I, II, III, IV, V). Refer to the Exhibit B redlines for specific comments. Final Drainage Report (10.3.15): 10. A Final Drainage Report (FOR) titled "Drainage Conveyance Narrative for Gateway North (aka Del Camion Central) prepared by RidgeTop Engineering & Consulting dated September 20, 2016 was reviewed for the first time. 11. It is our understanding that the off -site drainage conveyance design was rejected by Weld County and we understand a re -design is under way. The following comments should be considered general. 12. The FOR needs to. include a vicinity map showing the area of this FOR. The FOR also needs to include a Drainage Map detailing the basins, the design points and the off -site ditch. Design Points are needed for every storm pipe/culvert. 13. Narrative — The Storage impervious area needs to be made consistent on pages 1 and 3. See other redlines. 4 14. Runoff Calculations — The intensity for the DCC appears to be incorrect. The 100-year flow needs to be updated as well as the total 100-year flow for the entire development. The 2-year runoff calculations need to be included in the report. The runoff calculations need to be provided for each basin/design point (each culvert, inlet, etc.). The Firestone IDF curve needs to be included in the FDR. 15. Street Capacity/Inlet Sizing — Double check ponding depth at inlets. Refer to report for redlined comments. 16. 5'x3' box culvert - Where do the calculations show that the box has the 112.83cfs capacity stated in the FDR narrative? This cannot be treated like a simple culvert. We need to see UD-Sewer hydraulic calculations for the entire length of the 5'x3' box culvertistorm sewer (taking into account the headwater, tailwater and losses). 17. Off -site Drainage Conveyance — It appears from the HY-8 Culvert Analysis for the off -site drainage conveyance box culverts that there is essentially no freeboard in the 3' driange channel and rip rap is needed due to the high velocities on the downstream end of the culverts. The Manning's coefficient should be changed to 0.013. The length of Box 2 differs from the FLIP. Where are the hydraulic calculations for the off -site drainage conveyance? 18. Culvert Calculations (WCR 24112) — Culvert calculations are provided for the 4 northernmost culverts. All of the manning's n coefficient should be changed to 0.013. We need the runoff calculations to these culverts to confirm the pipe sizes. 19. All of the storm sewer/culverts need to be named and labeled in the FDR and the FUP. We need to see the basin delineations, the runoff calculations to each culvert and the culvert hydraulics to confirm the pipe size for all of the culverts shown. Final Plat Filing No. 2 (FP-F2): 20. Sheet 1 (11.4.27 Ownership and Dedication) — The owners names in the dedication block must appear exactly like they do in the title commitment: "...that the undersigned Sand Land Inc. and Sand Land Properties, LLC, aka Sand Land Properties LLC being the owner(s) of the land shown..." (repeat) 21. Refer to the Final Plat for any additional redlined comments. Final Utility Plans [FUP]: 22. Sheet CV-1 (Notes) — The note on the FLIP cover should be replaced with the following note: "The approval of these construction drawings is for the public improvement only. The private improvements are shown for reference only and are not approved with these plans." 23. Sheets GE-1.0-1.4 (Grading and Erosion Control, Arbor) — See Sheets GE-1.1 and GE-1.1A for minor redlines. 5 24. Sheet GE-1.0 (Grading and Erosion Control, Arbor) - The existing storm pipe needs to be called out to be removed. The culvert profiles need to be labeled to match the FDR (Pipe #144). 25. Sheets GE-1.1 & 1.2 & 1.4 (Grading and Erosion Control, Arbor) - The minimum size for storm sewer in the Town's ROW is 18-inches. The profile labels in the plan view need to be corrected on GE-1.1. Double check that the inlet ponding will not back into the access drives in the ultimate condition. 26. Sheet GE-1.1A (Grading and Erosion Control, Arbor) - Details need to be included for the double type 'R' inlets and the manhole structure/junction box. Show and label the limits of the drainage easement needed to install the off -site drainage conveyance. The type 'R' inlets do not appear to be drawn correctly in this profile. The inlets need to be set for the ultimate flowline. Clarify the inlet rim elevation (rim of inlet, flowline of inlet, throat of inlet). 27. Sheets GE-1.2 & 1.3 (Grading and Erosion Control, Arbor) - The length and material of pipe need to be called out of the emergency culverts. These culverts need to be discussed in the FDR. 28. Sheets GE-1.4 & S-1 (Grading and Erosion Control & Typical Section, Union) - The cross slope on Union Street must be 2-percent. 29. Sheets GE-1.5-1.7 (Grading and Erosion Control, Ditch) - Show and label the limits of the drainage easements needed to install the off -site drainage conveyance. The box culverts need to be labeled to match the FDR (Box 3, Sox 2 and Box 1). 30. Sheet CR-2.0 (Street P&P, Arbor, Pork Chop) - The pork chop lane widths do not meet the Town's minimum widths for Firestone Fire Trucks (these minimum lane widths were determined by running a Autoturn with a ASSHTO Bus45). Refer to the Town's detail. 31. Sheets CR-2.0, 2.1 & 2.3 (Street P&P, Street Lights) - The Town requires cobra head street lights at the Arbor St. intersections. See redlines for locations. We will email the Applicant's engineer the temporary cobra head street light detail. 32. Sheet CR-2.1 (Street P&P, Arbor) - The 8-inch water line crossing needs to be shown (see Sheet C-3.2 for revised location). 33. Sheets CR-2.4 & 2.5 & 2.7 (Street P&P, Arbor) - The existing 12" water line will now be deeper than 5'. Call out of the addition of a nut extension on any existing valves deeper than 5'. 34. Sheet CR-2.6 (Street P&P, Arbor) - The vertical curve at Station 36+00 has been modified to meet the minimum curve length, but the A.D. should be changed from 2.3% to 2.5%. 35. Sheet CR-2.7 (Street P&P, Union) - The profile scale needs to be correctly labeled as 1 "=40'. 36. Sheet S-1 (Typical Sections) - Sections 3 and 4 have the curb and gutter incorrectly labeled. The Town's vertical curb has a 2' gutter. For Section 3, the raised median should be corrected to 8" barrier curb. The Union St. cross slope needs to be corrected to 2%. 3 37. Sheet S-6, S-10 & S-11 (Cross Section) - See redlines for minor adjustments. The raised median curb should be corrected from Stations 34+50 to 37+00. 38. Sheets CH-4.0-4.6 (Striping, Arbor) - Single reflector delineator posts need to be added along Arbor St.IWCR 24.5 where there is no curb & gutter (Station 5+00 to 34+50). 39. Sheet CH-4.0 (Striping) - All of the signs and striping for the raised pork chop island need to be labeled. 40. Sheet CH-4.2 & 4.3 (Striping, Arbor) - The striping labels for the 12" diagonal lane transitions are missing from these sheets. 41. Sheet CH-4.6 (Striping, Arbor) - Label the new turn arrows. 42. Sheet CH-4.7 (Striping, Arbor/Firestone) - See redlines for minor comments. 43. Sheets TS-1-TS-6 (Traffic Signal) - The name blades for the intersection need to be revised. For eastbound & westbound Firestone Blvd. the road name blades should be stacked vertically and read "Arbor St." with a directional arrow to the north and "Jake Jabs Blvd." with a directional arrow to the south. The mounting bracket for the stacked name blades must be called out/detail shown. The note "FOR SUBMITTAL NOT FOR CONSTRUCTION" needs to be removed from this Final Utility Plan set. 44. Sheet C-2.0 (Overall Grading Plan) - The roadways and lots need to be labeled. 45. Sheet C-2.3 (Grading Plan, SE Corner) - The outlet pipe size need to be corrected. We will confirm the storm sewer and pond information with the Multi -Family FDPIFDR. 46. Sheet C-2.5 (Grading Plan, Storage) - We will confirm the storm sewer and pond information with the Storage FDPIFDR. 47. Sheet C-3.0 (Overall Utility Plan) - WCR 24.5 needs to be labeled. The lots need to be labeled. The building letters need to be labeled. There are two water services shown to the clubhouse/pool, whereas Sheet C-3.3 only shows a single service. Refer to redlines for additional valves. 48. Sheets C-3.0, 3.2 & 3.5 (Utility Plan, water loop) - The 8-inch water line loop between the multi- family and storage sites needs to be located under the pavement of access drives, so that the water line does not have to be 8' deep for the Arbor St. roadside ditches. 49. Sheets C-3.1-3.4 (Utility Plan, MF) - See redlines for minor comments. Add and remove water line valves where redlined. 50. Sheet C-3.3 (Utility Plan, MF) - The clubhouse/pool water service tap and meter must be the same size. The Applicant should submit AWWA water service sizing calculations for the clubhouse/pool and maintenance building with the Multi -Family FDP so we can verify the tap/meter size. The maintenance building meter needs to be located closer to the water main, see redlines. Misc: 51. Sheets C-3.5 (Utility Plan, Storage) — See redlines for minor comments. Add and label water line valves where redlined. The Applicant should submit AWWA water service sizing calculations for the storage office with the Storage FDP so we can verify the tap/meter size (the sizing needs to include the irrigation demand). 52. Sheet C-4.1 (Sanitary P&P, MF) — The vertical profile scale is not correct. The elevations of the water crossings do not match Sheet C-4.6. 53. Sheets C-4.5, 4.6, 4.7 (Water P&P, Joint Restraint) — The joint restraint calculations need to be included with the next submittal. The upper restraint length does not appear long enough, see redlines. 54. Sheets C-4.6 (Water P&P, Mi=) — The horizontal profile scale is not correct. Why is the water line lowering at Station 68+50 so deep? The lowering needs to be adjusted. 55. Sheet C-4.7 (Water P&P, Arbor St) — The horizontal and vertical profile scales are not correct. The 60" RCP crossing should be changed to a 5'x3' box culvert. The Town requires a steel casing for each box culvert crossing, refer to the Town crossing detail W-17. The 12" existing water line should be at least 5' deep from existing ground, this profile shows it at 2.5 deep. 56. Sheets C-5.0-05.5 (Phasing) - The phase numbering needs to be made consistent between the Exhibit B's and the FUP's (i.e. Phases 1, 2, 3, 4, 5 or Phases I, Il, III, IV, V). 57. Sheet C-5.0 (Phase 1) — All of the storm culverts and box culverts need to be shown. Label WCR 24.5. The water line plugs and blow -off assemblies need to be called out. The Town will coordinate with the Rural Ditch Company regarding a license agreement where the ditch company would be the owner of the 10'x4' box culvert located under Arbor St. If the ditch company is not amendable to this, then the box culvert would be a public improvement and need to be included in the Phase 1 cost estimate. 58. Sheets C-5.2-5.5 (Phases 2-5) — All water line valves need to be shown on the phasing plans. See redlines. 59. Sheet C-6.0 (Details) — The old Fire Hydrant detail needs to be replaced with the updated detail W- 3. The Steel Casing detail W-17 needs to be added. 60. Sheets C-6.3 & C-6.4 (Details, Outlet Structure) — We will confirm the design of these outlet structures with the Multi -Family and Storage FDP submittals and the re -design of the off -site drainage conveyance. 61. Details — Details needs to be added for the Type R Inlets and the 84' Manhole/junction box structure. 62. Refer to the Final Utility Plans for any additional redlined comments. 63. Need to make independent submittals to the Frederick- Firestone Fire Protection District, the St. Vrain Sanitation District and Weld County Public Works. 8 The Applicant should return their responses to the comments with their next submittal. RESOLUTION NO. 16-_A A RESOLUTION PRESCRIBING WATER RATES, FEES, TOLLS AND CHARGES FOR THE TOWN OF FIRESTONE, COLOR -ADO. 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 operating and maintaining the Town's water system, including completion of a water rate study and an analysis of capital needs, and in consideration of applicable CWCWD increases and increases in the costs of operating, maintaining and improving the Town's water system, the Board of Trustees has determined that increases in the water system rates, fees, tolls and charges are necessary; and WHEREAS, the current water taps fees and monthly water rates do not adequately provide for the capital needs and operations of the Town's water system; and WHEREAS, the Board of Trustees by this resolution desires to establish various rates, fees, tolls and charges for Town water service and water usage, effective January 1, 2017; 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: Water Meter Base Rate Included in Water Charge Per 1,000 Gallons Base Size Charge Rate Gallons Rate (Gallons) Residential 5/8" $ 22.72 -0- 3/4" $ 34.84 -0- 1" $ 57.55 -0- 1-1/2" $ 113.58 -0- 2" $ 183.25 -0- Residential 0-5,000 $ 2.15 5,001-20,000 $ 3.79 Above 20,000 $ 6.07 Commercial, Industrial, Irrigation, Mobile Home Parks 5/8" $ 22.72 -0- 3/4" $ 34.84 -0- 1" $ 57.55 -0- 1-1/2" $ 113.58 -0- 2" $ 183.25 -0- 3" $ 342.26 -0- 6" $ 1,353.26 -0- Commercial & All usage $ 3.34 Industrial Irrigation Only All usage $ 5.08 Mobile Home Parks All usage $ 3.79 Out —of-Town Base rates and gallon charges for any out-of-town service shall be Rates two times the in -Town rates and charges. 2 Section 2. Connection. capital investment and repair fees. The following connection and capital investment and repair fees shall be imposed, except that the Town 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 Fee and Repair Fee Investment Fee Size CWCWD Town CWCWD Total 5/8" $ 5,800 $ 3,000 $ 4,000 $ 12,800 3/4" $ 7,700 $ 4,500 $ 6,000 $ 18,200 1" $12,500 $ 7,500 $10,000 $ 30,000 1-1/2" $23,000 $ 17,000 $20,000 $ 60,000 2" $36,400 $ 28,000 $32,000 $ 96,400 Connection and capital investment and repair fees as well as any other fees 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 and capital investment fees imposed by CWCWD, and all other factors relevant to the application. All taps requiring a meter larger than 2" and all taps applied for where the service requested is outside of the Town limits shall be by contract with the Board of Trustees. Out-of-town taps of 2" or less shall be charged fees at two times the amount of in -Town fees. Section 3. Construction Hydrant Meter Rental Terms. 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 $ 1,500.00 per meter Administration Fee $ 25.00 per permit Meter Rental $ 2.00 per day Late Charge $ 5.00 per day Water Usage Rate $ 3.34 per 1,000 gallons Section 4. Meter & Yoke Fees. The following fees shall be imposed for Meter and Yoke assemblies installed by the Town for new service connections; such fees for taps requiring a meter larger than 2" shall be as set by contract with the Board of Trustees: Meter Tap Size , Administrative Fee Meter & Yoke Cost Total Meter & Yoke Fee 5/8" $25.00 $ 1,0 19.14 $1,044.14 3/411 $25.00 $ 1,055.32 $1,080.32 1" $25.00 $ 1,343.17 $1,368.77 1-1/2" Commercial $25.00 1-1/2" irrigation $25.00 2" Commercial $25.00 2" Irrigation $25.00 $ 3,559.72 $3,584.72 $ 2,675.77 $2,700.77 $ 4,472.48 $4,497.48 $ 3,108.72 $3,133.72 Section 5. This Resolution shall become effective on January 1, 2017, Section 6. 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 � ` DAY OF 9 kft f'Yl r , 2016. TOWN OF FIRESTONE, COLOR -ADO d ORES r ATTEST: g � � � rIo0 off ..........-a�� err co`' Larissa M dina, Town Clerk 4 RESOLUTION NO. 16-36- A RESOLUTION PRESCRIBING STORMWATER UTILITY SERVICE FEES FOR THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Town of Firestone (the "Town") operates a municipal stormwater system; and WHEREAS, pursuant to the state law and the Firestone Municipal Code, the Board of Trustees is authorized to fix, establish, maintain and provide for the collection of rates, fees, and charges for stormwater utility services furnished by the Town; and WHEREAS, after review and analysis of the costs of operating and maintaining the Town's stormwater system, including completion of a stormwater rate study, and in consideration of increases in the costs of operating, maintaining and improving the Town's stormwater system, the Board of Trustees has determined that increases in the stormwater rates, fees, and charges are necessary; and WHEREAS, the current stormwater utility service fees do not adequately provide for the capital needs and operations of the Town's stormwater system; and WHEREAS, the Board of Trustees by this resolution desires to establish the stormwater utility service rate, fees, and charges for Town stormwater utility services, effective January 1, 2017; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: i. For stormwater utility services provided by the Town, the following utility service fees shall apply and be charged effective January 1, 2017: A. For single-family detached and duplex attached residential properties, there shall be charged an undeveloped base service fee -until the time the property begins development as set forth in the table below. At the time of development, a developed service fee shall be charged as set forth in the table below. For such properties, there are established three billing tiers based on lot area, as set forth in the table below. B. For all commercial, industrial, multi -family and irrigation properties other than single-family detached and duplex attached residential properties, there shall be charged an undeveloped base service fee until the time the property begins development as set forth in the table below. At the time of development, a developed service fee shall be charged as set forth in the table below. For such properties, there are established three billing tiers based on lot area, as set forth in the table below. C. Lot area refers to the actual lot area of the subject property. Impervious area is as determined by the Town subject to the provisions of chapter 13,11 of the Firestone Municipal Code. D. Stormwater Utility Fee Table: Property Classification Undeveloped Base Developed Service Fee Service Fee Single Family/Duplex Lots Area 0- Lot Area x $0.0000088 10,000 s.f. + $1.09/Month $7.00/Month Single Family/Duplex Lots Area Lot Area x $0.0000088 10,001-20,500 s.f. + $1.09/Month $9.39/Month Single Family/Duplex Lots Area z Lot Area x $0.0000088 20,501 s.f. + $1.09/Month $16.28/Month Commercial/Industrial/Multi- Impervious Area x Family/Irrigation Lot Area 0-10,000 Lot Area x $0.0000088 $0,00154 + s.f. + $1.09/Month $7.00/Month Commercial/Industrial/Multi- Impervious Area x Family/Irrigation Lot Area 10,000- Lot Area x $0.0000088 $0.00154 + 100,000 s.f. + $1.09/Month $9.39/Month Commercial/Industrial/Multi- Impervious Area x Family/Irrigation Lot Area z Lot Area x $0.0000088 $0.00154 + 100,001 s.f. + $1.09/Month $16.28/Month E. For purposes of this fee schedule, the Developed Service Fee is imposed from and after the time there is impervious surface area on the property. F. Pursuant to Section 13.1 1.040.0 of the Firestone Municipal Code, the following properties are exempt from the services fees set forth herein: All railroad rights -of -way; public highways, roadways, streets, and alleys; and all facilities and land owned by the Town, county, state, and federal government, and any water district, sanitation district, fire protection district, school district, or library district. 2. Town of Firestone, Resolution No. 15-26 is hereby- repealed in its entirety. 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. INTRODUCED, READ AND ADOPTED this 14th day of December, 2016. TOWN OF FIRESTONE, COLORADO Attest: Carissa Medina, Town Clerk RESOLUTION NO. 16-_ 0 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, 2017 AND ENDING ON THE LAST DAY OF DECEMBER, 2017. WHEREAS, the Board of Trustees of the Town of Firestone has directed the Town Manager to prepare and submit a proposed budget to said governing body at the proper time; and WHEREAS, the Town Manager has submitted a final proposed budget to this governing body on December 14, 2016 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, an "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 debt service; 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 calendar year beginning on the first day of January 2017 and ending on the last day of December 2017. Section 2. The Board of Trustees hereby confirms that as part of said 2017 Budget, there is designated a portion of Water Fund net assets for future Northern Integrated Supply Project (NISP) participation costs, as set forth on the "Calculation for Unrestricted Board Designated Water Nei Assets for NISP Project Costs" within such Budget. Section 3. 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 14`h day of December, 2016. TOWN OF FIRESTONE, COLORADO ��RES T'0N� .•�'' TQVVN Attest: BED o o� Ina, Town Clerk 2 � � ? rim y'YI r Town of Firestone 2017 Budget - Prelimionry October 12, 2016 IF General Fund Revenue Taxes Licenses & Pemnits Intergovernmental Fines & Forfeitures Miscellaneous Investment Other Financing Sources Total Revenue Expenditures Legislative Judicial Administration Finance Elections Human Resources Information Technology Planning EnginceringMesign Development Inspections Police Comm. Service Officers Emergency Mgmt. Capital Outlay - P.S. Mechanical Sanitation Buildings -Tomrn Hall Maintcuance Facility leatth and Wel rare Community Resources Economic Development Capital Outlay - General (see CIP Schedule) Leases - Public Safety Debt Service Interftrnd Operating Transfers Out Total Expenditures Net Revenue over Expenditures Beginning Fund Bnlanee Esllmated Ending Fund Balance Actual Budget (Adopted) Eslininted Budgel 12/31/I015 12/31/2016 12/31 /2016 12/31 /2017 5,899.855 5,846,194 5,969,458 6.526,507 817,179 684,000 684,000 698,000 38,455 37,500 48,399 38,000 249.393 190,000 267,000 293.000 360,107 90,900 297,808 249,500 14,900 9,000 12,000 12,300 77 636 336,000 36 IN 2,050,000 7,457,526 7.193.594 7,3666 14 9,869,307 60,554 73,123 67,618 70,974 96,474 100,269 96,417 107,65[ 713,496 827,918 778,956 1,154,261 100,649 199,716 128,274 182,301 308 34.500 32,833 39,300 53,039 79,091 37.630 180,026 104,720 127,275 122,110 331,292 180,731 203,940 191,850 262,163 103,371 126,270 133,810 133,223 507,192 421,400 421,400 421.400 2,036,940 2,311,341 2,162,SO4 2,663,547 168,784 163.346 171,291 221.454 450 2,000 1.800 2,000 140,629 221,108 221,103 263,500 14,815 17,377 17.179 16.979 33,303 34,400 36,044 38,600 68,175 73,540 76,510 81,800 2,875 3,800 3,800 3,00 77,612 49,000 77,268 48,000 83,052 109,200 85,576 112,500 392,414 121,700 408,100 123,200 275,330 671,500 651.630 3,122,200 19,848 3,308 3,308 564,623 530,000 530,000 55,995 323.272 998,272 S00 000 5,855 38l 6,840,554 7,365,208 10,080 173 1,602,145 353,000 (50,542) (210,866) 3,055,749 4,605,647 4.555.105 4,555,105 4,657 894 1 4,344238 Revenue Taxes Intergovernmental' Charges for Services Miscellaneous Investment Earnings Intcrfund Operating Transfer Transfer from FURA Transfer -Cop Improvement - Roadway Transfer - Sales Us CIP Total Revenue Expenditures General Administration Road and Street Services Capital Outlay Total Expenditures Net Revenue over ExpendIlures Beginning Fund Balance Estimated Ending Fund Balance Town of Firestone 2017 Budget - Preliminary October 12, 2016 Actual Budget Estimated Budget 12/31 /2015 12MI2016 12131 R016 12/31/2017 614,661 587,288 646,593 549,700 721,610 655.000 654,082 - 1$3,384 164,000 164.000 163,000 287,811 5,000 88,500 88,500 1,502 1,000 1,200 1,200 266 - 591,250 $91,230 - 411,119 566,000 $66,000 104,350 3,261,071 1128 000 1128,000 1098 900 5,451 432 3 697 S38 3,839.625 2,009 650 39,666 81,850 38,015 148,026 1,064,641 1,466.439 1,037,053 1,591,073 4,45 576 2,318,750 1861 329 1287 250 5,560 884 3 867,038 2,936,397 3,026,349 (109,451) (169,500) 903,228 (1,016,699) 651 593 542,142 1,445,370 1,445,370 542,142 428,671 • Interg0%Trnrnentnl Revenue = Reimbursement from DOI-A for Gateway Project received in 2016 Revenue Licenses & Permits Miscellaneous Investment Earnings Interfund Operating'fransfer Transfer -General Fund Transfer from Open Space Transfer-CTF Transfer Cap-Improv.Reg. Prks Impact Transfer -Sales Tax Capital Imp. Total Revenue Expenditures Administrative Planner General Services General Engineering IT Services Capital Projects Total Expenditures Net Revenueover Expenditures Repinning Fund Balance Estimnted Ending Fund Balance Torn of Firestone 2017 Budget - Preliminary October 12, 2016 Pa ric Fund Acluni Budget Eslimnled Budget 12131/2015 12/31/2016 12/31/2016 12/31/2017 212.250 205,000 220,230 265,000 770 750 105 800 352 80o 225 I50 13,409 - - 55,995 323,272 340,000 360,000 80,000 50,000 - - 74,818 50,000 90,000 27,981 - 461 - 150000 154,500 159,000 615 574 784.322 56I,021 $65,950 497,563 $97,464 559,441 723,344 7,076 19,500 20,124 22,000 3,173 12,590 606 6,490 21,326 335,384 156,090 49,848 90,000 843,196 785,554 630,018 863,160 (227,622) (1,132) (68,997) 2,790 305,225 77,603 8,606 8,606 77,6031 11, 396 Revenue Transfer from 1% Sales Tax CIP Fund - 2014 Revenue Bonds (Streets & Parks) Total Revenue ExprndIiUres Administrative Fee Prinicipal on Bonds Interest on Bonds Toln1 Expenditures Nel Revenue over Expenditures 11cp,innlnR Fund Bnfance Estimated Ending Fund Balance Town of Firestone 2017 Budget - Prellailri try October 12, 2016 1}ebl Service Fund (Bonds) . Actual Budget Estimated Iludgel 12131/2015 12/31/2016 12/31/2016 12/31 /2017 266,318 266 318 1,500 - 153,000 109,819 Revenue Transrer from Open Space Transfer -Cap Improv-Rey,Prks Impact Tolal Revenue Expenditures Principal Interest Administrative Fees Total Expenditures Net Itevenue over Expenditures Beginning Fund Balance Estimnled Ending Fund Balance Town of Firestone 2017 Budget - Preliminary October 12, 2016 Firestone Finance_Autltorihx_(certirc` to of Participation) Acluai Budgel Eslimated Budget 12/31 /2015 12/31/2016 12/31/2016 12/31/2017 22,000 23,700 - 122,000 122,000 156 814 157,424 144,000 145,700 156,814 157,424 95,000 95,000 100,000 105,000 47,425 47,425 S5,3E4 50,924 1,200 1,200 3,781 1,500 143,625 143,615 159,095 157,424 375 2,075 (2,181) 1,906 2,281 2,281 Revenue Roadway Impact Fee Drainage Impact Fee Regional Parks Impact Fee Facilities Impact Fee Raw Water lrrigalion Impact Fee Metro District Contributions Total Impact Fees Investment Fccs Total Revenue Expenditures Transfer to Water Fund Transfer to General Fund Transfer to High%vay Fund Transfer to Park Fund Transfer to Firestone Finance Authority Transfer to 5tormwater Totnl Expenditures Net Revrnuc over Expenditures Beginning Fund Balance Estimnled Ending Fund Balance Town of Firestone 2017 Budget - Preliminary October 12, 2016 CIP- Impact Fee Fund _ ,Actual Budget £slimmed Budget 12131 /2015 12/31/2016 1I/31/2016 12131 /2017 1.533,837 964,257 1,417,041 1,280,878 336,293 197,573 310,686 370,202 347,490 204,120 321,030 290,193 512,680 532,608 463,579 620,198 485,045 284,921 448,110 1,971,439 462,546 462.546 462,546 3,677,890 2.193 479 3,424.992 51001,446 14236 9,000 21.300 20000 3,692,126 2,192479 3.446292 5,021,446 780,000 - 1,097,950 43,095 336,000 136,000 2,050,000 411,119 566,000 482,100 1041350 27,981 75,000 122,000 122,000 122,000 157,124 82,988 1,223,650 123,100 1 125,500 687,182 31027,650 938,500 3,R35,224 3,004,944 2,507,792 1,486,222 I 2,896,058 5,901 002 8,408,794 5 9D l 002 9,89. 015 Towle of Firestone 2017 Budget - Preliminary October 12, 2016 Sales Tax C1P Fund (1%) Actunl Budget Fstimnled Budget 12 /31/2015 12/31 /2016 12/3112016 12/31/2017 Revenue Sales Tax 1,351,002 1,112,000 1,394,310 1,586,500 Investment Earnings 13,498 10,000 15,456 7,200 Other Financing Sources 431,847 Total Revenue 1,364,499 1,053,847 1.409,766 L593,700 Expenditures 'transfers to Other Funds Transfer to Parks Fund 150.000 154,500 154,500 S 150,000 Transfer to Highway Find 3,261,071 1,128,000 1,128,000 1,098,900 Debt Service Principal 150,000 150,000 150,000 155,000 Interest 115,819 112,818 112,818 109,818 tcnianrn A Fnnanr;nn rncr 1 KM 16nn i snn to Net Revenue over Expendilures (2.312.390)1307,029 (137,052)I 78,482 Beginning Fund Balance 2,850094 537,704 - 4004652 Estimated Ending Fund Baance 537,7041 400,652 479,134 Revenue Taxes intergovernmental Charges for Services Miscellaneous Investment Earnings Transfer -Cap Improv-Ratio Water Irrigation Total Revenue Expenditures Administration - General Human Resources I nfonnation 'Technology Engineering/Design Water Operations Water Administration Capital Outlay Total Expenditures Net Revenue over Expenditures Ileginninit Fund Balance Esllmnled Ending Fund Balance Town of Firestone 2017 Budget - Preliminary October 12, 2016 Water Fund Aclunt Budget Estimated Budget 12/31 /2015 12/31 /2016 1213112016 12/31/2017 2,159 2,200 - 5,300 168,750 179.844 282,820 3,208,033 4,178,750 5.310,233 4,446,400 94,904 2,390.800 308 2,390,800 19,933 15,000 23.088 15,000 780,000 1,097,950 3,330,329 7,535,500 5.515.473 8,232,970 5,526 6,000 5.542 6.000 10,120 15,859 12.863 13,109 81.073 92,225 89,122 81,179 150,266 117.910 142,848 214,270 1,147,356 1,332.613 1,241,328 1.161,739 616,360 787.813 595,460 692,372 3.461 133 5,392,933 2,072.397 4,57b 760 5,471,833 7,765.353 4.159 559 6,747,428 (2,141,504) (229,853) 1,355,915 1.495.542 7,879,177 6,206,673 7,562,588 7,562,588 6,206.673 9,048 129 Excludes depreciation in the amount or$380,875. A Restatement orthe prior year %vas made due to a change in accounting principal in the amount of(5568,678). 0 #Subject to restatement. Revenue Stonn water Fees Miscellaneous Investment Earnings Grant Transfer SW Reserve Fund Transfer from General Fund Transfer Cap`Improv Drainage Impact Total Revenue Expenditures Human Resources Information Technology Engineering/Design Storm Water Operations Storm Water Administration Cepiial Outiaya Total Fxpendilures Net Revenue over Expenditures Beginning fund Balance Net Revenue over Expenditures Town of Firestone 2017 Budget - Preliminary October 12, 2016 Storm Water Fund Actual Budget Estimated Budget 12/31/2015 12/31/2016 12/31/2016 12M I2017 278,422 403,000 427,376 46D,100 128 120 793 - 350 50D,000 11.753 56s,000 82,988 1223 650 1053 126 125 5D0 373,302 2,126.770 2,046,795 585,950 1,618 1,694 1,649 1,735 - 2,500 21,326 27,808 26,120 17,189 27,350 66,581 94,523 88,617 73,682 40,619 61,461 42,550 121,204 20,000 1 980 150 2,088,266 114,500 156,625 2,166,448 2,238,271 359 797 216,676 (39,678) (191,976) 226,153 (24.341) 192,335 359 359 192 335 226,512 Town of Firestone 2017 Budget - Preliminary October 12, 2016 __ Firestone Wa-n Rene►val Areas Revenue Taxes Real Property Taxes - Central FURA Real Property Taxes - Northern FURA Real Property Taxes - Southern FURA Total Property faxes inmimenl Earnings Total Revenue Pirestone Urban Renewal Area Expenitures Administration Planning EngineeringlQesign TIF Distributions Transrer to I lighuay Total Expenditures Net Revenue over Expenditures Beginning Fund Balance Net Revenue over Expenditures Actual Budget Estimnted Budget 2213112015 12/31/2016 12/31/2016 12/31/2017 191,389 264,422 187,280 175,944 280.291 766,948 533,349 324.201 55,372 1,031,270 723,629 700,144 327,032 2,862 2,000 5,827 2,000 1,034.132 727,629 705,971 519,052 48,800 22,500 22,539 15,771 14,830 5,000 1,331 5,000 25,911 177,420 1,182 177,420 351,850 834,115 272,629 242,863 591250 591250 441,390 1,630,281, 88895l 441,056 592.742 (902,656) (182,979) 87,996 20.838 613,580 430,601 430,601 613,580 518,597 Revenue Colomdo Slate 1.011ery• Distribution Investment Earnings Total Revenue ConsmniionTrusl Fund Expenditures Transfer to the General Fund Transfer to the Parks Fund TOM Expenditures Net Revenue over Expenditures Beginning Fund Balance Nei Revenue over E,%pendttures Town of Firestone 2017 Budget - Prelinlinnry October 12, 2016 Conservation Trust Fund Actual 12/31 /2015 1ludgel Estimated 12/31 /2016 12/3 I /2016 Budget 11/31 /2017 53.584 450 56,000 56,000 400 400 61,800 700 54,033 Sb 400 56,400 62,500 74,919 - 126 000 90,000 74,818 126,000 90 000 (20,784) 156 383 (69.600) 56,400 '�" �' - "' '= 13. 599 191,999 (27.500) 191,999 135,599 164,499 Revenue Lodging Tax Investment Earnings Tolnl Revenue Open Space Fund Expenditures Transfer to the General Fund Transfer to the Parks Fund ToInl Expenditures NO Revenue over Expend ilures Beginning Fund Bnlnncc Nel Revenue over Expendilures Town of Firestone 2017 Budget - Preliminnry October 12, 2016 Open Space Fund Aetunl 12/31/2015 Budget Eslinrnted 12/31/2016 12/31/2016 Budget 12/31/2017 93,776 $73 88,0D0 88,000 Soo S00 92,000 500 94,349 88,500 88,500 92 500 22,000 80.000 23,700 23,700 126,000 102.000 149,700 23.700 (7,651) 179115,--Ij (61.200) 64,800 171,504 236,304 92,500 236,304 171 50J 1 328,804 Major Governmen tat Funds Town of Firestone Lslinlated Fund (Cash) 13a1ances fur the Year Fading 12/31/2016 Swrpslml ofAl1 r1mels Governmental Funds Other Governmental Funds Firestone aPImpact Fee 1%Sates Tax Finance Debt Service Conservation Open Space General Fund Fllghway Fund Part Fund Fund Fund Authority FUAA Fund Trust Fund Fund 00001 (2220) 12aso) t4o00) (41001 i33001 i6Do01 (stool r m0 Ilossl Governmental Funds' Enterprise Funds Storm Total Water Water Total Governmental Fund Fund Enterprise Total of All Funds (52101 15250) Funds Funds R-- S 7.314.64a S 1,B39,62S $ 561.021 S 3,446,292 $ 1,409,766 S 156,814 S 703.971 $ S 36,400 S aa,soo S 17,579.05 S 5,S15,473 $ 2.046.296 S 7.561,769 5 2S,14o,a23 6ap4adde74r 7,365,2011 2,976,397 Mole 93E,Soo 1,54SAtIl 159,095 Baa,951 21.700 5 14,484"? 4,159.559 7,2311,271 S 6,397,4110 $ 20,28"t7 Bea Fund1satince, hawry Ist 4,605,647 S41,141 77,603 5,901,001 537,703 2,211 613MI 115.599 171504 S 12367,062 6,206s673 191,335 S 6,599AOa S Is,966,076 tstlmated rndit Fund Babnce. December list S 4,SSS,10S S 1,445,170 S 9.606 S 41.4aa,794 S 400.651 S $ 43OA01 S S 191,11" S 23[104 S 13,677.430 5 7.962,581 $ 359 $ 7,562,946 S 23,140,376 ReamYN Emendllwes Beg Fond aatame, ]4nuary 1st raimalad (ndlna Fund Balance, December 317t Eslinliticd Fintd (Cash) 1ia11111ces For Ilse Wilt- Ending 12/31/2017 SnrrpslrnlrfAll Powl+' Governmental Funds Governmental Funds j Major Gavernmentol Funds Other Governmental Funds Enterprise Funds Firestone Storm aP impact Fee 1%Sales Tax Finance Debt SeMce Conservallon Open Space Total Water Water Total General Fund HWwayFund Park Fund Fused Fund Authority FURA Fund TrustFlmd Fund Governmental Fund Fund Enterprise (two) ou9) (22301 (4000) I41a0) (3500) (NMI I"") a0sa3 l7ossi Funds i5210) (5750) Funds Total of All Funds $ MO."? S 7,009,650 $ 965.9SO $ 5.021.446 S 11593,700 $ 257,424 $ 529,052 S 264.315 $ 52.500 S 92,SB0 S 70.467A47 $ 11."t970 S SeS,950 5 BAIC920 $ 29.296.767 ID'OK173 3A^349 863,260 3,S35,224 1,S15,218 MAN 441d7S6 266,31e 9o,0o0 S 19,974,972 6,741,425 3S9,797 S 7,107,725 S 27,017,141 43%.105 1,445.370 tu* a,40a,734 400.651 430,6D1 191,999 233,104 15,617,430 7,S62,S87 1s9 5 7,S62,946 S 23,MVS $ 4,344.739 S 420,672 S 11.396 $ 9695,D16 S 479.13) S S S14597 S $ 164,499 S 331,804 S 16,170,353 S 9,049,129 S 775.511 $ 9,274A41 5 25,444,996 RESOLUTION NO. 16- '-") 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 2017 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 14, 2016; 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 Expenditures & Transfers $ 10,080,173 Park Fund Total Park Fund Expenditures & Transfers $ 1,646,160 Conservation Trust Fund Total Conservation Trust Fund Expenditures & Transfers $ 90,000 Highway and Streets Fund Total Street and Highway Fund Expenditures & Transfers $ 3,026,349 Water Fund Total Water Fund Expenditures & Transfers $ 6,982,266 Stormwater Fund Total Stormwater Fund Expenditures & Transfers $ 359,797 Capital Improvement Fund Total Capital Improvement Fund Expenditures & Transfers $ 4,318,224 Sales Tax Capital Improvement Fund Total Sales Tax CI Fund Expenditures & Transfers $ 1,515,218 1 Open Space Trust Total Open Space Trust Fund Expenditures & Transfers $ 0 Firestone Finance Authority Fund Total Firestone Finance Authority Fund S 157,424 Debt Service Fund Total Debt Service Fund S 266,318 Firestone Urban Renewal Authority Total Firestone Urban Renewal Authority Fund S 441,056 Total Appropriations & Transfers: S 28,882,985 INTRODUCED, READ, and ADOPTED this 14th day of December, 2016. ���EsroN� TOWN SEAL 0 ti Q Attest: 0�NTY. G� ssa`1Medina, Town Clerk TOWN OF FIRESTONE sOTeRSCW, MayDM�`'��t L'iv i1 S I YN U&lr , J 2 RESOLUTION NO. 16-'�19) A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE 2016 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2017 BUDGET YEAR. WHEREAS, the Board of Trustees ofthe Town of Firestone on December 14, 2016 adopted the annual budget for the 2017 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 2017 budget year; and WHEREAS, the 2016 valuation for assessment for the Town of Firestone as certified by the County Assessor is $202,135,144.00; 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 2017 budget year by December 15, 2016, and by this Resolution desires to so certify its general 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 ofthe Town of Firestone during the 2017 budget year, there is hereby levied a tax of 6.805 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2016. Section 2. That the Budget and Financial Analyst 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 14'h day of December, 2016. TOWN OF FIRESTONE, COLORADO �&' CONE P r �Q )0 Nt'ari\s edina, wn C CCU41