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JUNE 2012 - DEC 2013
BOARD OF TRUSTEES RESOLUTIONS 2012 - Qwfent fyhy c'�'3 RESOLUTION NO. Aa _ 0( 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.ci.firestone.co.us. INTRODUCED, READ, and ADOPTED this 11 a, day of January, 2012. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: ud egwoo 67 wn Clerk f`'- TOWN r r rn I SAL : o RESOLUTION NO. 12� _() A RESOLUTION ADOPTING UPDATED PURCHASING, TRAVEL AND CREDIT CARD POLICIES FOR THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone has previously adopted a set of purchasing policies and procedures for the Town as well as policies governing reimbursement of travel expenses and the use of Town -issued credit cards; 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, travel and credit card 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, travel and credit card policies, which policies have been developed through the collaborative efforts of the Finance Committee, Town Manager, Department of Finance and Administration 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 offirestone, 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 Travel and Expense Reimbursement Policy, and the Town of Firestone Town -Issued Credit Cards Policy which are attached to this Resolution. Section 2. The Policies approved and adopted by this Resolution shall take effect February 1, 2012. Section 3. All resolutions and policies or portions thereof previously adopted that are inconsistent or conflicting with the policies adopted by this Resolution are hereby repealed to the extent of such inconsistency or conflict. Without limiting the foregoing, there are hereby repealed in 1 their entirety Resolution No. 01-16, entitled "A Resolution Establishing a Policy for the Use of Town Credit Card(s) by Town Officers, Officials and Employees," and those certain "Purchasing Policies and Procedures for the Town of Firestone" adopted July 27, 2000. INTRODUCED, READ, and ADOPTED this . fD day of a L , 2012. ATTEST: - djJ egwood n Clerk 2 TOWN OF FIRESTONE, COLORADO Qo Chad Auer Mayor 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 Procedures Pefty 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 $5,000.00 Purchases within these amounts must be approved in advance by the Department Head and the Director of Finance and Administration, and require the vendor invoice and receiving document when the items are received. Informal Bidding $5,000.00 to $15,000.00 Purchases within these amounts must be approved in advance by the Department Head and the Director of Finance and Administration. Telephone quotations are required from a minimum of 3 vendors. The Director of Finance and Administration may waive telephone quotation requirements if it is determined that it is not practical or advanta eous to the interests of the Town. $15,000.00 to $25,000.00 Purchases within these amounts must be approved in advance by the Department Head, Director of Finance and Administration, and Town Manager. Written quotations are required from a minimum of 3 vendors. The Town Manager and Director of Finance and Administration may reduce the number of required quotations if it is determined that it is not practical or advanta eous to the interests of the Town. Formal Bidding $25,000.00 and above Purchases of $25,000 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 it is determined that it is not practical or advantageous to the interests of the Town. Please note: All purchases for goods or services under $25,000 require approval from the Director of Finance and Administration, unless noted otherwise. All purchases of goods or services over $25,000 require approval from the Board of Trustees. The Board of Trustees and/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. Purchasing A petty cash request, check request or vendor invoice serves to inform the Director of Finance and Administration 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. 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 and/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 director, in consultation with the Director of Finance and Administration, 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 $25,000 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 regarding of the amount to be spent. 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 and/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 $25,000.00 shall require informal bidding procedures. For purchases between $5,000.00 and $15,000.00, the requesting department shall obtain and document a minimum of three (3) verbal quotations. If three (3) quotations are not obtained, valid justification must be provided to and approved by the Director of Finance and Administration. For purchases between $15,000.00 and $25,000.00, the requesting department shall obtain and document a minimum of three (3) written quotations. If three (3) quotations are not obtained, valid justification must be provided to and approved by the Director of Finance and Administration and Town Manager. 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 over $25,000.00, 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. to complete a formal bid: (unless otherwise stated, responsibility falls on requesting department) 9) 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,* which shall be determined by the requesting department head upon consultation with the Town Manager and Director of Finance and Administration: 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 • 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 • 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 and/or insurance requirements.) 3) Determine bond, insurance, contract requirements. If any bonds, insurance, or contracts are required or are waived, obtain Town Attorney's approval. 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. 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. Obtain Town Attorney's approval on all bid documents requiring bonds, insurance, or contracts 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 critical or complex 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. Some 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 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. Unless different types and/or amounts of coverage are determined appropriate during the development of the specifications, general conditions and/or final contract, the following are the types and minimum amounts of insurance that should be required: 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. Certain types of insurance may not be applicable to a particular contract. For example, professional liability insurance would not be applicable to a contract for installation of playground equipment. Whether a particular type of insurance is applicable shall be determined by the requesting department head in consultation with the Director of Finance and Administration and Town Attorney. 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 provide certificates of insurance with the Town named as additional insured, 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: Bidders lists may be established and maintained by the Town as an effort to promote competitive bidding from qualified vendors and to establish a source of suppliers. 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. 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. The determination of whether to use State Bids shall be made by the Town Manager upon consultation with the requesting department and the Director of Finance and Administration. 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, upon consultation with the Town Manager and Director of Finance and Administration, 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 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 there is only one good or service that can reasonably meet the need and there is only one vendor who can provide the good or service. These purchases should be used only if it is in the best interest of the Town, and the following procedures shall apply: Source Purchase in the amount of $5,000.00 to $15,000.00 The requesting department shall provide written justification for the sole source purchase and attach to the purchase requisition. The Director of Finance and Administration will review the justification for the sole source purchase. If the sole source justification is accepted by the Director of Finance and Administration, approval will be granted. If the purchase is unwarranted, two (2) more telephone quotations are required. Source Purchase in the amount of $15,000.00 to 125,000.00 The requesting department shall prepare a memorandum to the Director of Finance and Administration justifying the sole source purchase. The Town Manager and Director of Finance and Administration will review the justification for the sole source purchase. If the sole source justification is accepted by the Town Manager and Director of Finance and Administration, 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. Source Purchase of $25,000.00 or above The requesting department 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. 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 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 Director of Finance and Administration or designee immediately. If damage is concealed or not noticed at time of delivery, leave all boxes and packing lists intact and notify vendor immediately. 3) It shall be the responsibility of the receiving department to inform the Director of Finance and Administration or designee 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 Director of Finance and Administration or designee when full or partial payments are authorized. 4) All invoices shall be mailed by the vendor directly to the accounts payable department. 5) 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. 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 department head • All check requests must be properly coded • Receiving documents must be attached and signed off • 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 be interested in any contract made by them in their official capacity 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. 10 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, regulate or maintain necessary 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. 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, 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. W TRAVEL AND EXPENSE REIMBURSEMENT POLICY The Town of Firestone (Town) expense policy is designed to clarify which expenses incurred by a Town official or employee in the course of conducting Town business are reimbursable. To qualify for reimbursement, each expenditure must meet the criteria described here and must be documented as described in this policy. Reimbursements will be made only for actual, reasonable authorized business expenditures and travel. The expense policy also covers processing and proper use of the expense report, which is the method for requesting and obtaining reimbursement. This expense policy document will be updated when necessary to reflect changes in state or federal tax codes or changes in the Town's operations. Officials and employees are responsible for making certain they apply the Town's current policies when submitting their expense reports. For any questions about this policy or for clarification about current requirements, contact the Department of Finance. Any personal time used in conjunction with business travel must have the prior approval of the employee's direct supervisor. Officials and employees are responsible for all incidental and additional costs associated with this pre -approved personal travel. Exceptions to the Expense Policy The Town recognizes that some situations and circumstances may arise that could require exceptions to the expense policy. Approval of any exceptions to the expense policy must be made in writing by the Town Manager, Travel Arrangements Prior to making any travel arrangements, approval must be granted by your Department Head and the Director of Finance and Administration. All travel arrangements for Town - related air travel must be made through the Town Clerk or the Office/HR Assistant including conference, seminar or trade show registrations. A Travel Preference Form should also be completed prior to the travel date in order to provide information for the staff noted above. EXPENSE REPORTING All officials and employees making reimbursement requests must submit timely, complete and accurate expense reports. Expense reports must be submitted to your Department Head for approval and then routed to the Finance Department for processing. Expense reimbursements are typically processed each month, with the routine accounts payable cycle. Documentation Standards Reimbursable expenditures must be supported by documentation attached to the expense report, in a neat and orderly manner. Any revisions made to an expense report must be initialed by the person making the change. If the Finance Department makes a change to an expense report, the official or employee will be notified. The Internal Revenue Code requires that reimbursable expenditures be supported by adequate records showing clearly that they were: • Ordinary and necessary. • Reasonable in amount. • Incurred for a valid business purpose. To meet these requirements, the following information must be provided for an expense to qualify for reimbursement: • Identify the official or employee requesting reimbursement. • Identify the vendor, customer, contractor, supplier or other person or business to which the expenditure was paid. • State the business purpose for the expenditure. • State the identity and business relationship of any others participating in the event covered by the expenditure. • Attach the original itemized receipts (e.g. hotel bills, airline passenger receipts, E-ticket confirmation, meal receipts, automobile rental invoices, parking receipts, toll receipts, telephone bills). Include the original credit card receipt, cash receipt, original itemized monthly credit card statement, or a copy of the canceled check as proof of payment. Lost Receipts In the unusual circumstance that a receipt is lost or was not obtained, (i.e. parking meters, tolls, tips) the official or employee must complete a section of the expense form detailing these expenditures before that expense can be considered for reimbursment. This section requires the same information to support the expenditure as that listed above, including the identity of the individuals in the party, business purpose, and the amount of the expenditure. For items that were paid for with a credit card, attach a copy of the monthly billing statement in which the charge was included. 2 Cellular Phone Expenses Reasonable expenses will be reimbursed for personal cell phone use for Town business, with a maximum of $20.00 per month, to employees who have submitted their personal number to be published for business use. Proper documentation will still be required to justify receiving reimbursement up to this limit, including a copy of the bill showing the service dates and monthly charge. The cost of purchasing a cellular phone will not be reimbursed. Civic Organizations, Charitable Organization and Clubs Membership fees to civic or charitable organizations or athletic or social clubs are NOT reimbursable. Computer Equipment and Software Computer equipment and software is NOT an expense reimbursement item. All computer equipment and software must be requested through the Director of Finance and Administration. Computer equipment and software will be dispersed based on availability and need. Conferences, Seminars and Trade Shows Conferences, seminars, and trade shows are reimbursable only when approved in advance by your Department Head and the Director of Finance and Administration. Reservations can be made through the Town Clerk or Office/HR Assistant. Any relevant information regarding registration should be forwarded to the staff person assisting with your arrangements. Entertainment Reasonable expenses will be reimbursed for business meals and entertainment. Recreational fees and event tickets may be reimbursable if the particular activity involves personnel from a business contact, or consultant. Professional and Industry Conference Fees Professional and industry conference fees are reimbursable ONLY when approved in advance by your Department Head and the Director of Finance and Administration. 3 Professional Licenses/Certifications Annual fees/renewals for licenses (such as CPA, operator's certificate) are reimbursable if related to the employee's current position and if payment thereof is approved in advance by the employee's Department Head and the Director of Finance and Administration. CDL licenses, if a requirement of the employee's position, are also reimbursable. Exceptions MUST have prior written approval of the Town Manager. Continuing education for licensing/certification will also be reimbursed if related to your position and if payment thereof is approved in advance by the employee's Department Head and the Director of Finance and Administration. Professional Societies With prior approval from your Department Head and the Director of Finance and Administration, annual membership dues for professional societies related to your position are reimbursable. Protective Footwear Field employees are expected to wear approved protective footwear when performing duties that would put them at risk for a foot injury. Approved protective footwear includes steel and composite toe boots, hikers, shoes and sneakers, meeting required standards. Footwear is reimbursable up to a maximum of $75.00 per eligible employee per year. This amount may be changed in writing by your Department Head on an as - needed basis. Supplies All purchases of office or other job -related supplies should be coordinated through the Department Head and/or their designee. 4 TRAVEL_ EXPENSES Air Transportation All air travel must have the prior written approval of the Town Manager. Air arrangements can be made through the Town Clerk or Office/HR Assistant. Internet and direct airline reservations are also acceptable, if coordinated with the staff noted above. When booking air travel, cost savings opportunities are increased when a traveler provides general departure and arrival times instead of specifying certain carriers or flight numbers. Significant savings are realized by advance planning. Travelers are expected to exercise good business judgment and planning to avoid last-minute ticket purchases. All officials and employees will travel coach class. The following guidelines apply to airline travel: • The cost of purchasing upgrade coupons is not reimbursable. • To take advantage of airline discounts, reservations are to be made as far in advance as possible. • Nonrefundable or penalty tickets provide considerable savings opportunities and should be considered when it is highly unlikely that an itinerary will change. • Travelers should request airline reservations according to approximate necessary departure or arrival times rather than by specific airlines or flight numbers to allow for the lowest logical or negotiated fare for appropriately timed flights. • Travelers should consider the use of alternate airports when the fare differential represents significant savings. • If additional costs are incurred because of changes in travel plans, such costs are reimbursable by the Town if the reason for the changes is business related. If the reason for changes is personal convenience, the costs will NOT be reimbursed. • Travelers may keep for their own use any mileage awards received from frequent flier programs accrued from Town travel. In no case, may an official or employee arrange a more expensive flight or circuitous routing to accumulate mileage points. • Report lost or stolen tickets immediately, so a lost ticket application can be processed. The use of E-tickets is highly recommended. • If a trip is cancelled or changed, and the traveler is in possession of unused tickets, the traveler is responsible for returning them, in a timely manner, to the airline for credit. Automobile Travel Expenses Personal Auto Use Officials and employees who use their personal vehicle for authorized Town business will receive the current IRS allowable reimbursement for business miles. The current reimbursement rate can be found on www.IRS.gov. 5 Any highway tolls or parking fees incurred during business travel are also reimbursable. Mileage from the employee's home to regular assigned work is not reimbursed. If an employee drives directly from home to another work assignment in a different location or attends a training class/seminar, these miles will be reimbursed. Mileage incurred while attending social events sponsored by the Town, its contractors, or vendors is NOT reimbursable. A Mileage log must be included with your expense report. Automobile Rentals Automobiles should be rented only when a Town vehicle is not available and public transportation, taxis, or shuttles are impractical, more expensive, or not available, and only when traveling out of the Denver/Front Range area. Vehicles up to midsize class are customary for individual travelers. The next larger size class may be rented when three or more people from the Town are traveling together. Reimbursable items include the actual cost of the rental, tolls and gasoline purchases. Although reimbursable, one-way rentals should be avoided and must be specifically explained in the documentation attached to the expense report. Insurance coverage provided by car and vehicle rental companies should NOT be purchased when traveling on business. Both the vehicle and the Town official/employee are covered by insurance purchased by the Town. Please inspect the car for damage prior to leaving the rental car lot and notate clearly on the rental agreement with the rental car company employee sig noff. Ground Transportation Taxi and shuttle charges incurred during business related travel to and from airports or in out-of-town locations are reimbursable. Reimbursement will be for the actual fare, tolls, "extra" charges for luggage or passengers, and a maximum 15% tip for good service. Hotels & Lodging The traveler should pay all hotel accommodation charges upon checkout when traveling out of town on business. Hotel charges may not be billed directly to the Town, unless the Town has previously authorized a direct master billing with the facility. Travelers should stay in a single, non -concierge level room. Suites are acceptable only when suite accommodations are the standard room type of the hotel or when the cost is consistent with other local single room rates or the conference discount rate. Hotel communications (internet, fax) may be reimbursed when relating to Town business. 1.1 If a traveler has a hotel reservation and is unable to use the reserved room, it is his/her responsibility to cancel the reservation. Most hotels require cancellations by 6:00 pm, the day of arrival. "No-show" charges are not reimbursable without the approval of your Department Head and the Director of Finance and Administration, and generally are not reimbursable unless the reason for the "no-show" is business related or due to emergency or other unforeseen and unavoidable circumstances. Laundry and dry cleaning may be reimbursed for stays of 4 or more days at a maximum of $8 per day. The following expenses are considered personal and are NOT reimbursable: • Salon, spa or personal grooming services, such as barbers, beauticians, manicurists, shoe shines, or massages. • Honor bar charges or fees to use extra -cost facilities such as health clubs. • Additional charges for room upgrades, poolside rooms, or special floors. • In -room movies. • Laundry or dry-cleaning services (less than 4 days). Meals Business Activities The Town will reimburse an official or employee reasonable expenses for meals when they are conducting Town business activities. (See also entertainment). Receipts for meals must be included with the expense report. If several officials and/or employees dine together when they are conducting Town business activities, only one official or employee should pay the bill, and ONLY that person should submit an expense report for reimbursement, listing the names of all officials and employees covered by the charge. Business meals should be reasonable. All parties included in the business meal should be listed on or with the receipt. Travel Meals — Overnight Stay Officials and employees in travel status on Town business will be reimbursed for actual expenses, but not more than the per diem rate for meals. Reimbursements will be made in accordance with the Federal State Department per diem daily amounts as published on the GSA website. Per Diem rates vary by state, city and county. For a list of current per diem rates refer to www.gsa.gov, Policy & Regulations > Travel, Transportation, & Relocation > Travel Management > Travel Management Policy, Per Diem > Per Diem Rates then select the appropriate year and state. For example, the maximum per diem for meals and incidental expenses, including taxes and tips as of January 2011 in Washington DC $71; Denver $66; Dallas $71; and San Diego $71. 7 If meals are pre -paid by the Town (i.e. as part of a conference registration) or when meals are paid by any other source such as vendors, the per diem must be pro -rated by deducting the appropriate amount of the meal as listed at the "meals and incidental expense breakdown" link found at the GSA web site. For example, the per diem for San Diego is $71 and the breakdown is $12 breakfast, $18 lunch, $36 dinner, $5 incidentals. If travel days are less than a full day, the per diem for those days is pro -rated according to the following table: Time Interval Departure Return Before 11:00 am Full Day Breakfast Only 11:00 am — 3:00 pm Lunch & Dinner Breakfast & Lunch 3:00 pm — 8:00 pm Dinner Only Full Da After 8:00 pm Incidental Amount Only Full Da Travel begins when the_employee leaves their home or office for their trip destination. Travel Meals — Extended Day The Town will reimburse for meal expenses incurred during extended day travel if the extended day is at least 12 hours, causes the traveler to be away from home during the evening meal time and does not require an overnight stay. (Le. employee departs at 7am for a meeting in Keystone and returns home at 7pm). Alcoholic Beverages The Town's general policy is that it does not reimburse expenses for the purchase of alcoholic beverages, and officials and employees shall not use a Town -issued credit card to purchase alcoholic beverages, excepting only limited instances where a purchase is made at or for an economic development activity where the Town is strategically marketing itself to a third party, and then the purchase shall be only by or with the express prior consent of the Town Manager. Spouse/DependenVAccompanying Person Travel expenses for transportation, lodging, entertainment or meals for spouses or other persons accompanying employees on Town travel will NOT be reimbursed. These expenses, if paid by the Town for conference registrations or any reason, must be reimbursed to the Town. Tips Reasonable and appropriate tips to porters, skycaps, bellhops, maid service and similar service providers are reimbursable (i.e. $1 per bag, $3 per night). Because receipts are not customary for such tips, receipts are not required. Tipping is limited to 15% for wait staff, drivers, and other service personnel. Travel Incentives Travelers may keep points accumulated during business travel though the participation in airline, hotel or rental car promotion programs. However, the traveler is responsible for any fees, dues, administration costs and any other costs associated with membership in such programs. Any associated membership fees or clubllounge fees are NOT' reimbursable. 7 NON -REIMBURSABLE EXPENSES The Town DOES NOT reimburse for the following expenses: • -Airline clubs, including membership fees and related charges • Automobile repairs, regardless of circumstances • Babysitting, regardless of circumstances • Charitable contributions • Clothing, other than required safety items, or Town provided items, regardless of circumstances • College/university alumni dues • Computer hardware or software, either new or upgrade • Credit card fees, including late charges and other charges • Gifts of any kind, regardless of recipient • Housesitting, regardless of circumstances • Lost luggage expense (must recoup via airline) • Parking tickets and traffic fines, citations or violations • Passport and visa fees • Pet boarding/sitting • Political contributions • Reporter services of any kind • Side trips • Stationery items including books/magazines while traveling • Spa, salon or personal grooming services • Toiletries or medications, regardless of circumstances • Travel accident insurance • Non official or employee expenses The above list is not exclusive, and please also note items specifically listed in previous sections as being non -reimbursable. For questions regarding whether an expense is eligible for reimbursement, contact the Finance Department. 10 Travel Preference Form Return completed form to , Travelers Name: Legal name as it appears on passport or other government issued photo ID (if different from above): Phone: work Airline Carrier Preference: _ Seat preference: Aisle Frequent Flier Information: Carrier: Carrier: Carrier: Hotel Preference: Smoking Close to Elevator Double Other Special Room Needs: Hotel Reward Information: Hotel: Hotel: Hotel: Special Dietary Needs: cell Window Number: _ Number: _ Number: Non Smoking King Number: Number: Number: Do you prefer to travel the day prior to the event? yes no Emergency Contact: Name/Number/Relationship: Additional Information: home 11 AUTHORIZATION TO TRAVEL Return completed form to the Department of Finance and Administration IN -STATE j OUT-OF-STATE Individual Requesting Travel: Other Persons) Sharing Transportation: Destination Is): _ Conference Dates: Date Travel Begini Purpose of Trip: _ Will Any Personal Travel Be Involved? (Please Describe): Date Travel Ends: Registration Fees: Conference Website (if applicable): (Attach registrationiconference information and agenda) Approved Disapproved Department Head Signature Date Department of Finance and Administration Signature Date Traveler's Signature (By signing this you are Date Acknowledging that you have received AND read A copy of the Town of Firestone Travel and Expense Reimbursement Policy) `10a Town -Issued Credit Cards Purpose The goal of the Town's credit card policy shall be to ensure compliance with the Town's Purchasing Policy and responsibility and accountability in the use of Town - issued credit cards by Town employees. Eligibility Employees A cardholder must be an employee of the Town of Firestone. It shall be at the discretion of the Department Head responsible for the department and the -Director of Finance and Administration to determine which employees are eligible to be cardholders. Credit Card Limits It shall be at the discretion of the Department Head responsible for the department and the Director of Finance and Administration to establish each cardholder's per transaction and/or per -month limits, provided that these limits are consistent with the Town's Purchasing Policy and available credit line. Transactions Not Permitted The following transactions and uses of Town -issued credit cards are not permitted, and shall be considered to have been made in contravention of this policy: • Splitting of total purchase cost, singly or between or among cardholders to avoid transaction limits. • Personal purchases. • Any non -Town use. • Cash advances, money orders, bank drafts, etc. • Payment for temporary help. • Payment for maintenance contracts, long-term agreements, rentals or leasing of equipment (with the exception of short-term vehicle rentals required for travel purposes or equipment needed for special events). Any unauthorized use of a Town -issued credit card will be considered an improper use of government funds and will be subject to appropriate disciplinary action. Alcoholic Beverages The Town's general policy is that it does not reimburse expenses for the purchase of alcoholic beverages, and officials and employees shall not use a Town -issued credit card to purchase alcoholic beverages, excepting only limited instances where a purchase is made at or for an economic development activity where the Town is strategically marketing itself to a third party, and then the purchase shall be only by or with the express prior consent of the Town Manager. Cardholder Responsibilities Each cardholder shall have the following responsibilities upon receipt of a Town - issued credit card: • Use the Town credit card in accordance with this Policy and the Town of Firestone's Purchasing Policy • Ensure purchases are made in accordance with their signing authority, area of responsibility and departmental budget. • Ensure proper coding of expenditures. • Notify the Director of Finance and Administration and their Department Head if there are problems with the credit card, the card is lost or stolen, or any other situation arises that would require notification to the Director of Finance and Administration and Department Head. • Notify the issuing financial institution immediately if their card is lost or stolen. • Log any item in dispute with the issuing financial institution as soon as possible. • Retain and submit to the Department of Finance and Administration accurate records including transaction records and the accompanying detailed receipts. Cardholder shall submit all receipts within three business days of charge to Accounts Payable, with a written description of the Town business purpose and attendees if applicable. • Cardholders are NOT to make direct payment on the credit card account for personal purchases made in error. If this occurs, Accounts Payable is to be notified immediately and reimbursement is to be made payable to the Town of Firestone. Department Head Responsibilities Each Department Head shall have the following responsibilities upon approving the issuance of a Town of Firestone credit card within their department, to be exercised by the Department Head and/or his or her designees: • Provide a written or electronic request, requesting the Director of Finance and Administration to obtain a credit card, within the prescribed limits, for an employee. • Exercise discipline in cases where a cardholder violates the provisions of this Policy. • Immediately inform the Director of Finance and Administration in those cases where abuse or irregularities are known or suspected. • Report a lost or stolen credit card to the Director of Finance and Administration, and document the incident. Initiate a request for a replacement card. • Review and reconcile the amounts expensed under the credit card to the appropriate account and identify any unusual transactions. 2 • Act as or appoint staff member(s) to act as the card coordinator to monitor and control the use of all Town -issued credit cards for the Department. • Advise the Director of Finance and Administration or designee when an employee is terminated or no longer requires a credit card. • Ensure all purchases are made in accordance with available departmental budget and individuals are operating within authority. • Follow up with the appropriate employee and respond to the Director of Finance and Administration as required on any items chosen for random audit testing. Director of Finance and Administration Responsibilities The Director of Finance and Administration shall have the following responsibilities regarding the Town -issued credit card program, to be exercised by the Director and/or his or her designees: • Act immediately upon receipt of advice that abuse or irregularities are known or suspected. • Maintain records of all cardholders. • Where required, notify the issuing financial institution of transaction errors/disputed charges and follow up on outstanding items on a periodic basis. • Ensure all card statements are reconciled by the appropriate employee, signed off and submitted on a regular basis. • Follow up with Department Heads as appropriate to investigate unusual transactions. • Cancel a card when the cardholder is separated from employment, when a Board Member's Board service ends, or when at any other time a cardholder's card privileges are terminated. • Follow up with the issuing financial institution on lost/stolen cards to confirm the card is cancelled. Reconciliation and Payment A Town -issued credit card carries corporate liability. Invoices will be paid by the Accounts Payable Department. Cardholders will not be required to pay the monthly statement using their own funds, except that the Town may require reimbursement for charges incurred for personal or unauthorized use. It is required that all receipts for goods and services purchased be retained. If goods or services are purchased via phone, mail or online, ask the vendor to include the receipt with the goods when the product is shipped. Process of reconciliation: 1. Statements will be received by the Finance Department and reconciled against receipts for accuracy and proper coding. 2. All receipts will be maintained by the Finance Department 3 for audit purposes. 3. Although payment of the invoice will be made by Accounts Payable, activity may be reviewed at any time. Disputed Charges, Returns, and Assistance In the event of disputed charges, or if a cardholder has any specific questions, the cardholder should contact the appropriate vendor or financial institution directly and notify the cardholder's Department Head and the Director of Finance and Administration. In the event there are returns, the cardholder must check to ensure credit notices are issued by the vendor, and provide the credit slip to Accounts Payable. If a credit slip was not obtained, attach other documentation explaining the return. If a credit does not appear by the second subsequent statement, Accounts Payable will notify the cardholder and the cardholder must contact the vendor or financial institution directly to rectify. The cardholder must also advise the cardholder's Department Head and Finance Department if there is a dispute. The cardholder must ensure that all required steps to register a dispute are followed. Any charge to be disputed must be identified within 30 days of the transaction date or when notified by Accounts Payable. The Cardholder is responsible for the transactions identified on the statement. If a review is conducted on a cardholder's account, receipts must be produced and/or other proof that the transaction occurred. If an error is discovered, the cardholder is responsible to show that the error or dispute resolution process has been resolved. Lost or Stolen Cards The card assigned is the property of the Town of Firestone and should be secured as a personal credit card would be. If the card is lost or has been stolen, or if the number becomes the knowledge of someone else, the cardholder must immediately notify the cardholder's Department Head and the Director of Finance and Administration. Once a card is reported lost or stolen, the card will no longer be accepted. Prompt action in these circumstances can reduce the Town of Firestone's liability for fraudulent charges. 4 TOWN OF FIRESTONE CREDIT CARD AGREEMENT DEPARTMENT CREDIT CARD NUMBER: xxxx-xxxx-xxxx- NAME OF EMPLOYEE: Although this card ending in is issued in your name, it is the property of the Town of Firestone and must be used in accordance with the Town's policies, procedures, and guidelines. By signing this Agreement you acknowledge that you have received the card indicated above and agree to comply with the following terms and conditions: 1. This card is provided to you based upon your need to purchase business - related goods and services in the course and scope of your duties or employment with the Town of Firestone. This card may be revoked at any time based on a change of assignment or location. 11. This card is for business -related purchases only. Any use of this card for purchases of a personal nature is strictly prohibited. III. You are the only person entitled to use this card and you are responsible for all charges made against it. IV. Any unauthorized use of this card will be considered an improper use of government funds and will be subject to appropriate disciplinary action. V. This card must be used in accordance with all Town policies, procedures and guidelines respecting government purchasing and the use of cards as such policies, procedures, and guidelines may from time to time be issued and amended. VI. An employee must return his or her Town -issued credit card immediately upon separation from employment, or upon request at any other time by the Town Manager, Department Head, or the Director of Finance and Administration. As the holder of this card, you are responsible for its protection and safekeeping. If this card is lost or stolen you are required to contact your Department Head and Director of Finance and Administration immediately. Signature of Cardholder Date A INDEX TO POLICIES Page General 3 Resolution 08-04 - Budgeting Process 7 Cash Handling Policy 9 Credit Card Policy (Proposed) 12 Purchasing Policy (Proposed) 17 Red Flag Policy and Identity Theft Program 27 Travel and Expense Policy (Proposed) 35 RESOLUTION NO. 12- 0 3 A RESOLUTION APPROVING SPECIAL USE PERMITS FOR KERR-MCGEE OIL & GAS ONSHORE LP TO LOCATE SEVEN OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Kerr-McGee Oil & Gas Onshore LP (hereinafter "Kerr-McGee" or "Applicant") has submitted an application for special use permits to locate within the Town seven oil and gas wells referred to as the proposed Saddleback 4-29, 6-29, 21-29, 29-29, 30-29, 31-29 and 36-20 Wells; and WHEREAS, Kerr-McGee has submitted the application and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use pen -nits have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, 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 forwarding to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permits and has held a properly noticed public hearing on the 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 IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit requests of Kerr-McGee Oil & Gas Onshore LP for the location of the Saddleback 4-29, 6-29, 21-29, 29-29, 30-29, 31-29 and 36-20 Wells within the Town of Firestone, in the location more particularly described in Exhibit A attached hereto, subject to the following conditions: The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. 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. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. 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. 9. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 10. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. The well site and tank battery and separator areas shall be secured and screened by chain link fencing with "solid" tan fabric fencing, consistent with the detail provided at the February 22, 2012 Town Board meeting. EXHIBIT A Legal Description A PARCEL OF LAND LOCATED IN THE NORTHWEST % OF SECTION 29, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN 2/17/2G12 12:31 PM [lank] S:1Firestone\SubdivisionsWe rMcGee Saddleback wells ('12).TB.res.dac 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. INTRODUCED, READ, AND ADOPTED this 22°d day of February, 2012. TOWN OF FIRESTONE, COLORADO C L.._ Chad Auer, Mayor 3 RESOLUTION NO. 12- Q y A RESOLUTION APPROVING A FINAL PLAT FOR THE DEL CAMINO JUNCTION BUSINESS PARK FIFTH MINOR PLAT AND A FINAL DEVELOPMENT PLAN FOR THE AGRA HOLDINGS, L.P. BUILDING EXPANSION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final plat for the Del Camino Junction Business Park Fifth Minor Plat and a final development plan for the Agra Holdings, L.P., Building Expansion; and WHEREAS, all materials related to the proposed final plat and final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final plat and final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final plat and final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby approves the proposed final plat for the Del Camino Junction Business Park Fifth Minor Plat and a final development plan for the Agra Holdings, L.P. Building Expansion, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 22"d day of February, 2012. '. •.'O Cr� ATTEST: 0 �� (2� Ju egwoo Town Clerk TOWN OF FIRESTONE, COLORADO CL Chad Auer Mayor EXHIBIT A Final Plat Del Camino Junction Business Park Fifth Minor Plat Final Development Plan Agra Holdings, L.P., Building Expansion Conditions of Approval len comments from the 'ovide the Town with an amount for one share of RESOLUTION NO. I �, - 6 5 A RESOLUTION ADOPTING A TECHNOLOGY RESOURCES, EMAIL AND SOCIAL MEDIA POLICY FOR THE TOWN OF FIRESTONE BOARD OF TRUSTEES WHEREAS, in 2001, the Board of Trustees adopted an electronic communications policy for the Board and Town in recognition of the increasing use of emails for Town business and that the use of email can implicate open meetings, public records and records retention laws; and WHEREAS, with the rapid expansion of electronic communication beyond email to social media, including Facebook, Twitter, Flicker, blogs and other media that have characteristics different than "mail," the Board of Trustees finds it necessary to update its electronic communications policy; and WHEREAS, there has been presented to the Board of Trustees for adoption a proposed Technology Resources, Email and Social Media Policy ("Policy") setting forth guidelines governing Board use of Town -issued computers, email and social media and governing Board members' participation. in meetings by telephone; and WHEREAS, the Board of Trustees desires to adopt the Policy in order to foster the use of Town resources for the benefit of the public interest and to ensure their use of email and social media is in accordance with applicable laws; 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 Board of Trustees Technology Resources, Email and Social Media Policy (the "Policy") attached to this Resolution, which Policy shall take effect immediately upon adoption of this Resolution. Section 2. All resolutions and policies or portions thereof previously adopted that are inconsistent or conflicting with the policies adopted by this Resolution are hereby repealed to the extent of such inconsistency or conflict. Without limiting the foregoing, the Policy hereby supersedes Resolution No. 01-17, entitled "A Resolution Concerning Establishing Policies and Procedures Concerning Electronic Communications," adopted April 26, 2001, as such resolution pertains to elected officials of the Town. hd INTRODUCED, READ, and ADOPTED this-2 day of , 2012. TOWN OF FIRESTONE, COLORADO CU Chad Auer, Mayor ATTEST: "o lit Town of Firestone Board of Trustees Technology Resources, Email and Social Media Policy Purpose The Board of Trustees has established the following Technology Resources, Email and Social Media Policy ("Policy") to define the appropriate use of technology resources that are owned by the Town of Firestone (the "Town") and provided to Town officials, and to establish guidelines for Town officials' use of email and social media and for their participation in meetings by telephone. In establishing this Policy, the Board of Trustees desires to foster the use of Town resources for the benefit of the public interest and to ensure their use of email and social media is in accordance with applicable laws, including but not limited to, the Colorado Open Meetings Law, C.R.S. § 24-6-401, a -mot sea., and the Colorado Open Records Act, C.R.S. § 24-72-201, et sue• This Policy also seeks to recognize that email and social media are valuable tools for informing the public generally of Town matters, for responding to constituent inquiries and requests, and for timely receipt of information from Town staff. The Board of Trustees specifically acknowledges that social media is quickly becoming a critical mode of communication. As the Board of Trustees seeks to actively inform, serve, and engage citizens, social media provides an opportunity to reach a large audience directly and allows for greater personal interaction between officials and residents. When properly used, social media can be an effective tool for the Board of Trustees to: (1) openly, directly, and publicly communicate with citizens; (2) develop and improve relationships with residents and community partners; (3) seek input from residents on key issues and services; (4) promote educational information directly to residents; and (5) recruit employees and volunteers. Scope This Policy applies to the use of Town -owned technology resources and the use of email and social media, including Town social media sites, by the Mayor and Trustees. Definitions For the purpose of this Policy, the following terms shall have the following meanings: Email: Communications sent via electronic mail. The Open Meetings Law, C.R.S. §24- 6-402(2)(d)(111), provides that if "elected officials use electronic mail to discuss pending legislation or other public business among themselves," the email shall be subject to the requirements of the Open Meetings Law concerning public meetings. The Open Records Act, C.R.S. §24-72-202(1)(c) defines "correspondence" to include communications sent via email, and defines the "public records" that are open to inspection to include the correspondence of elected officials unless it is "Work product," meets certain other exceptions, or is otherwise subject to nondisclosure by law. • Social. media: Any on-line, internet platform that allows both the exchange of information and cross -communication between people. Current social media platforms include Facebook, Twitter, blogs, wikis, message boards, chat rooms, Linkedln, podcasts, YouTube and other video exchange sites, and Flickr and other photo sharing sites. This Policy is meant to include current social media platforms and those created in the future. 0 Town officials: Elected officials of the Town, including the Mayor and Trustees. Town -owned technology resources: Technology paid for by Town funds, including but not limited to, computers, laptops, notebooks, software, computer equipment, InterneVIntranet Extranet-related systems, operating systems, storage media, and network accounts providing electronic mail. Town social media sites: Social media platforms created, sponsored, or managed by the Town for the purpose of providing information to Town residents and the wider community. Currently, the only Town social media sites are a Town Facebook page and Town Twitter account, but this Policy is meant to include social media platforms created, sponsored, or maintained by the Town in the future. Policies 1. Town -owned technology resources are the property of the Town and shall be promptly returned to the Town when the official leaves office. 2. Town -owned technology resources are to be used for Town -related business only and shall not be used for personal benefit or gain of the Town official. Prohibited uses of Town -owned technology resources, include but are not limited to, the following uses: a. Conducting private business of the Town official or a relative or acquaintance of the Town official; b. Political.campaigning; c. Transmitting any material or messages in violation of federal, state, local law, ordinance, regulation, or Town policy; d. Advertising or promoting a business, political candidate, or political or religious cause; e. Transmitting material or messages which are offensive on the basis or race, color, religion, national origin, citizenship, ancestry, marital status, sex, disability, age, veteran's status, or sexual orientation; f. Unauthorized distribution of privileged or confidential information; g. Distributing unauthorized broadcast messages or solicitations; h. Accessing or distributing offensive, obscene, or pornographic materials; L Distributing copyrighted materials not owned by or licensed to the Town, including software, photographs, or any other media; j. Downloading of copyrighted information or software without permission; k. Developing or distributing programs that are designed to infiltrate computer systems internally or externally, or intentionally opening or distributing any e-mail attachment which contains "viruses" or similar items; 1. Accessing or downloading any resource for which there is a fee without prior appropriate approval; m. Misrepresenting one's identity; n. Accessing or attempting to access any system which the person is not authorized to access (hacking); o. Giving a Town user name and password to anyone for any unauthorized purpose or accessing the email or social media account of another user without permission or for any unauthorized purpose; or p. Making threats of violence. 2 3. The Town reserves the right to monitor the use of Town -owned technology resources. Town officials must recognize that, subject to only limited exceptions, their activities as officials on Town -owned technology resources may be subject to. disclosure and there is no expectation of privacy when using Town -owned technology resources. 4. Postings by Town officials on Town social media sites should be coordinated through the offices of the Town Manager or Communications and Community Outreach. Postings by Town officials on such sites should focus on issues of significant Town interest. 5. Town officials shall not use Town social media sites to post commercial solicitations or advertisements unless they relate to Town business. Town officials shall not use Town social media sites any for uses prohibited under policy 2, above. 6. The Open Meetings Law applies to gatherings of three of more officials to discuss public business, including those occurring electronically or through. other means of communications, and requires that such meetings be open to the public after full and timely notice. Therefore, emails and exchanges on social media sites may trigger the requirements of the Open Meetings Law. As such, no Town official shall utilize with any two or more Town officials any social media site or email to discuss any public business of the Town, except in full compliance with all requirements of the Open Meetings Law. To minimize the risk of communications that may constitute a meeting, Town officials are discouraged from engaging in "posting" discussions. of Town business and from "friending" other Town officials on their social media sites. 7. Town officials' email correspondence and social media posts concerning public business are "public records' subject to the Open Records Act, regardless of whether a Town - provided email address or Town social media site is used for such correspondence or posting. Exceptions may include if the email or post constitutes "work product" or is subject to some other exception recognized by law. As such, Town officials must recognize there is no expectation of privacy when using email or social media for Town business. All electronic communications sent to or received on Town -owned technology resources or Town social media sites, regardless of subject matter, are Town property and may be subject to disclosure under the Open Records Act. The Town reserves the right at any time to monitor, access, view, use, copy and disclose all such email messages or postings to Town social media sites. 8. The Town has established Town email accounts for Town officials' use, and use thereof for Town business is strongly encouraged in order to facilitate records retention and compliance with other requirements. If Town officials use other e-mail accounts to transmit messages which are subject to public inspection underthe Open Records Act, the officials shall endeavor to copy or forward the message to the appropriate Town staff in order to facilitate records retention and compliance with other requirements. S. If a Town official posts content concerning public business of the Town on a social media site other than a Town social media site (such as the Town Facebook or Twitter account), he or she shall maintain a copy of the posting or provide a copy or link thereto to the Town Manager or Communications and Community Outreach Coordinator. 10. Engaging in email communications or commenting via social media sites on quasi- judicial matters is inconsistent with due process requirements applicable to quasi-judicial 3 proceedings. As such, Town officials shall not comment on such matters on any social media site. Emails received by Town officials on land use matters should promptly be forwarded to the Planning Department. Emails regarding any other quasi-judicial matter should be sent to the Town Manager. Responses by Town officials to emails on quasi-; judicial matters should generally be limited to acknowledging receipt and advising the sender that the Board of Trustees will be discussing the matter at a public hearing and not outside that hearing, and encouraging the sender.. to appear at the hearing. The types of quasi-judicial proceedings that are subject to the above include, by way of example, any zoning, subdivision or development application involving specific properties and any liquor licensing matter involving a specific premises. 11. When posting on non -Town social media sites, Town officials should include the following disclaimer or a similar disclaimer if they identify themselves as a Tower official --or if it can reasonably be assumed that their post will be regarded as a statement of a Town official —or if they use socialmedia to discuss Town matters, employees or other officials: The opinions expressed here are the personal opinions of [your name]. Content published here is not monitored or approved by the Town of Firestone before it is posted and does not constitute or represent the views and opinions of the Town. 12. Town officials using social media can be held. personally .liable for their posts, and their posts can under certain circumstances impute liability to the Town. For this reason, officials should' exercise caution with regards to exaggeration, obscenity, guesswork, copyrighted materials, legal conclusions, and derogatory remarks or characterizations. Town officials are advised that their use of email and conduct on social media is reflective of the Town and may also be taken by others as reflective of their fitness to perform their official duties. As such, Town officials should exercise good judgment, professionalism and courteousness when using social media and email. 13. Town officials may not disclose any privileged or confidential information about the Town via email or on any social media site. However, the inadvertent public disclosure of any privileged or confidential communications via email or social media site shall not be construed as waiving any privileges or confidentiality. 14. Town officials that maintain their own social media sites are encouraged to provide a link directing users to the Town's website for online services. 15. Town officials should not use email or social media during a meeting of the Board of Trustees, and shall not use email or social media during a meeting as a substitute for discussion or to comment on any quasi-judicial: matter. Telephone Participation Town officials may participate in a meeting of the Board of Trustees by telephone only in accordance with the following: Telephonic participation shall be made available to a Town official when the official's absence is due to: emergencies related to illness, accident or familial obligations; weather conditions making travel to the meeting hazardous; or when participation is 4 necessary to establish a quorum at a meeting where emergency action must .be taken. Telephonic participation shall not be used where the Town official's absence is due to vacation or pre -planned travel or attendance at other meetings or functions unless such member's attendance at such meeting or function was requested by the Board. 2. A Town official may neither participate nor vote telephonically in a quasi-judicial proceeding, as such participation effectively precludes a Town official from viewing documentary information presented during those proceedings, from viewing speakers, from viewing and evaluating nonverbal language, and from observing nonverbal explanations (e.g., pointing at maps and charts). However, the Town official may maintain the telephone connection and monitor or listen to the proceeding. 3. Telephonic participation shall not be available to a Town official during an executive session as such participation precludes assured compliance with the executive session requirements and procedures of the ©pen Meetings Law. 4. Telephonic participation is intended to be an infrequent or occasional substitution for physical attendance, The Board of Trustees may, by majority vote of a quorum present and voting, declare an official's repeated use of telephonic participation excessive and deny a Town official's privilege to use telephonic participation for a specific meeting or meetings. Such declaration by the Board of Trustees shall only be made when the official seeking to participate telephonically is afforded advance notice and the opportunity to participate in the Board of Trustees' discussion regarding excessive use and the continuation of telephonic participation by the Town official. Provided that the Town official is provided notice of the date and time of the planned Board discussion, the member's inability to be available to participate in the discussion shall not preclude the Board's authority to discuss and decide whether such member's use of telephonic participation is excessive. 5. Telephonic participation must permit clear, uninterrupted, two-way communication for the participating Town official(s). More than one Town official may participate telephonically during the same meeting where the telephone conferencing system permits clear, uninterrupted, and two-way communication for all participating Town officials. 6. The Board of Trustees may discontinue the use of telephonic participation by one or more members during a meeting where the participation results in delays or interference in the meeting process; e.g., where the telephone connection is repeatedly lost, .the quality of the telephone connection is unduly noisy, or a participating member is unable to hear speakers using a normal speaking voice amplified to a level suitable for the meeting audience in attendance. Such determinations shall be made by the Mayor or, in his or her absence, by the Mayor Pro Tem. 7. To arrange to participate telephonically, the Town official shall contact the Town Clerk in advance of the meeting regarding the reason for the absence and to receive special calling instructions needed to facilitate the telephone contact. Town officials shall endeavor to advise the Town Clerk of their intent to participate telephonically at the earliest possible time, and whenever possible not less than two (2) hours prior to the requested participation. R 8. Telephonic participation shall constitute actual attendance for purposes of establishing a quorum or for any other purpose. Discipline In the event a Town official is alleged to have violated this Policy, a majority of the Board of Trustees may vote to take up consideration of the matter. The Town official alleged to have violated this Policy shall be afforded advance notice of the time and date of the planned Board discussion and the opportunity to participate in the discussion, but provided such notice is given, the failure of the Town official to appear or participate shall not prevent the Board of Trustees from discussion and taking action on the matter. If a majority of the Board of Trustees determines a violation occurred, it may vote to censure the Town official, restrict his or her access to Town -owned technology resources, or take other action within its power that the Board determines appropriate. 9 RESOLUTION NO. 1 1.6 t 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 requires that seventy-five percent (75%) of the water dedication requirement be met by dedication of water and that twenty-five percent (25%) of the dedication requirement 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, which rate shall be equivalent to one hundred and ten percent (110%) of the then -current purchase price of acre-foot units of Colorado Big Thompson ("CBT") water; and WHEREAS, the Board of Trustees previously approved a resolution setting the payment rate at $10,000 per acre-foot of CBT water; and WHEREAS, based on current information regarding the average purchase price for shares of CBT water, the Board of Trustees desires to set a new cash -in -lieu payment rate; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, C.OLORADO: Section 1. Effective upon the adoption of this resolution, the payment rate for payments of cash -in -lieu of water rights dedications shall be $8,900.00 per acre-foot unit of Colorado Big Thompson ("CBT") water. 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 �� DAY OF /'I C fc�, _ , 2012. TOWN OF FIRESTONE, COLORADO '/V/ - J/�" C ad Auer, Mayor ATTEST: a TIA Rebecca Toberman, Acting Town Clerk P1 I � F I prt 4 4 4 "iM.;.. , - 4 RAP! errR COLORADO CIVIL GROUP. INC. [{igpx+c VI ca is TO: Mr. Wes LaVanchy, Manager, Town of Firestone FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer QD DATE: February 23, 2012 SUBJECT: CBT Share Cash -in -Lieu PROJECT No.: 0668,0000.02 LMLLL[L�J We recently reviewed some current CBT sales information that Julie Pasillas was able to obtain from Northern Water. They provided information on 6 transactions for a total of 179 Shares. The average purchase price per share was $8,121. The Firestone Municipal Code (1.08.050 A.6.) allows the Town to charge 110% of the then current sale price of CBT Shares. The previously approved resolution set the cash -in -lieu amount at $10,000. Based on this current information we are recommending the Town establish a new cash -in -lieu amount of $8,900.00 per CBT Share. Let me know if there is any additional information I can provide. COLORADO CIVIL GROUP, INC. • 1413 W. 29" Street • Loveland, Colorado 80538 • 970-278-0029 0 RESOLUTION NO. I ),- 0 " l A RESOLUTION CONCERNING THE MEMBERSHIP, GOALS AND RESPONSIBILITIES OF THE TOWN OF FIRESTONE CULTURAL COMMITTEE WHEREAS, by Resolution 11-40, the Board of Trustees established the Town of Firestone Cultural Committee as an advisory committee of the Board of Trustees in accordance with Section 2.04.130 of the Firestone Municipal Code, and set forth certain provisions regarding the membership, goals and responsibilities of the Committee; and WHEREAS, the Board of Trustees by this Resolution desires to increase the membership of the Committee and restate the membership, goals and responsibilities of the Committee with corresponding revisions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestone Cultural Committee (the "Committee") was established by the Board of Trustees effective December 14, 2011. The Committee shall be an advisory committee of the Board of Trustees. The Committee shall consist of not more than thirteen members, as follows: One member of the Board of Trustees, up to eight residents of the Town, the Town Manager, and the Communications and Community Outreach Coordinator. The Trustee and resident members shall be appointed at a public meeting by the presiding officer unless otherwise ordered by a majority vote of the Board, and in that case the appointment shall be by ballot. Section 2. The following rules shall apply to the Committee: A.Quorum: Five members of the Committee 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: The Town Manager and Communications and Community Outreach Coordinator shall serve ex officio. The Town resident and Trustee members of the Committee shall be appointed to two-year terms, which terms 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, subject to the requirement that the Trustee member's service shall be concurrent with his or her service as Trustee. Trustee and Town resident members of the Committee may be reappointed without any limit on the total number of terms served. C. Vacancies/Removal: A vacancy in the position of Trustee or a Town resident member of the Committee shall be filled by appointment at a public meeting by the presiding officer unless otherwise ordered by a majority vote of the Board, in which case the appointment 'shall be by ballot. 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 term of the vacating Committee member. Trustee and Town resident members of the Committee may be removed from the Committee for any reason by an affirmative vote of a majority of the entire Board of Trustees. D. Meetings: The Committee shall meet at least once each calendar quarter unless there is no business for the Committee to consider. Regular meeting 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. Section 3. The Committee shall serve in an advisory capacity to the Board of Trustees on matters of interest to the Town and Town Board concerning arts, cultural and civic activities, events and similar matters of interest. The Committee's goals and responsibilities include, but are not limited to the following: A. Serve as an advisory group to the Town Board on cultural arts matters; B. Recommend methods for maintaining and increasing artistic and cultural resources as well as the level of awareness of arts, cultural and civic events; C. Provide advice and recommendations to the Town Board with respect to the planning and conduct of the Town's annual special events; D. Serve as a forum and sounding board for discussion and development of the Town's policies concerning and interests in cultural matters and the advancement of artistic, cultural and civic activities in the Town; E. Stimulate and encourage private and public study, planning, presentation and participation in artistic, cultural and civic activities and events; F. Serve as a coordinating body to whom art organizations, artists and anyone interested in the advancement of arts, culture and civic activities in the Town can come for information or assistance; G. Encourage and promote programs for the enrichment of culture in the Town; H. Coordinate and strengthen existing organizations in the field of arts and culture and develop cooperation with other local, regional and state groups and organizations; I. Explore and recommend to the Town Board ways and methods of obtaining private, local, state and federal funds to promote arts and culture in the Town; J. Gather information, conduct surveys and undertake similar activities in view of advising the Town Board on matters respecting cultural development for the Town; 2 K. Study, review and make recommendations to the Town Board regarding potential artistic, cultural and civic facilities and assets for the Town; L. Make an annual report to Town Board covering its activities for the year and the scope of its planned activities for the forthcoming year; and M. Working with assigned staff, encourage and support contributions and grants from individuals, groups and others for the benefit of the Town's artistic, cultural and civic programs, and provide recommendations to the Town Board on the use of contributions and funds for such programs. 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, to include a chair and a recording secretary, and such other officers as the Committee may determine. Section 5. Portions of any prior resolutions inconsistent or conflicting with this resolution are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, and ADOPTED this 1 day of cLfc , 2012. TOWN OF FIRESTONE, COLORADO ;7/ Ch d uer, Mayor ATTEST: FIRES T Rebecca Toberman, Acting Town Clerk S �1 G7V G®� 3 RESOLUTION NO. 1), 1 R A RESOLUTION INSTRUCTING THE FIRESTONE ACTING TOWN CLERK TO CANCEL THE APRIL 3, 2012 ELECTION AND DECLARE CANDIDATES ELECTED IF CERTAIN CONDITIONS ARE MET WHEREAS, the Town's regular election is scheduled to be held on April 3, 2012; and WHEREAS, the election is to be conducted in accordance with the Municipal Election Code of 1965 and the Firestone Municipal Code; and WHEREAS, the only matter before the electors at the election is the election of a candidate to Mayor and candidates to three seats on the Board of Trustees; and WHEREAS, pursuant to C.R.S. § 31-10-507, the Town adopted Section 2.04.255 of the Firestone Municipal Code, which provides that if the only matter before the 'voters in a Town municipal election is the election of persons to office and if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the clerk, if instructed by resolution of the governing body either before or after such date, shall cancel the election and by resolution declare the candidates elected; and WHEREAS, pursuant to C.R.S. 31-10-306, the Town adopted section 2.04.250 of the Firestone Municipal Code, which requires that affidavits of intent of write-in candidates be filed prior to twenty days before the day of election, which for the April 3, 201.2 election is March 13, 2012; and WHEREAS, as of the date of this Resolution there are not more candidates than officers to be filled at the April 3, 2012 election and no write-in affidavits have been filed; and WHEREAS, pursuant to its authority under section 2.04.255 of the Firestone Municipal Code, the Board of Trustees desires to instruct the Acting Town Clerk to cancel the election if, at the close of business on the nineteenth day before the election, there are not more candidates than offices to be filled at such election, including candidates fling affidavits of intent; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to section 2.04.255 of the Firestone Municipal Code the Board of Trustees does hereby instruct the Acting Town Clerk that if at the close of business on March 15, 2012, there are not more candidates than offices to be filled at the April 3, 2012 election, including candidates filing affidavits of intent, then the Acting Town Clerk is to cancel the election and declare the candidates elected. Section 2. The Board of Trustees does hereby further instruct the Acting Town Clerk to publish such notice of the canceled election as required by law if the Acting Town CIerk cancels the election pursuant to Section 1 of this Resolution. k� INTRODUCED, READ, and ADOPTED this I` day of &Io,, % 1,, , 2012. ATTEST: i Tlj�-z . Rebecca Toberman Acting Town Clerk 2 TOWN OF FIRESTONE, COLORADO Chad Auer Mayor RESOLUTION NO. jQ- - 0 9 A RESOLUTION CONFIRMING THE CANCELLATION OF THE APRIL 3, 2012 ELECTION AND DECLARATION OF ELECTED CANDIDATES WHEREAS, the Board of Trustees adopted Resolution No. 12-08 on March 14, 2012 instructing the Town Clerk pursuant to section 2.04.255 of the Firestone Municipal Code to cancel the April 3, 2012 election if at the close of business on March .15, 2012, there were not more candidates than offices to be filled at the election, including candidates filing affidavits of intent; and WHEREAS, the Town Clerk canceled the April 3, 2012 election because at the close of business on March 15, 2012, there were not more candidates than offices to be filled at the election, including candidates filing affidavits of intent; and WHEREAS, the Board of Trustees desires by this Resolution to confirm the cancellation of the April 3, 2012 election and the declaration of elected candidates; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby confirms cancellation of the April 3, 2012 election. Section 2. The Board of Trustees hereby further confirms the Town Clerk's declaration of election of Chad Auer to the office of Mayor for a two-year term and the Town Clerk's declaration of election of George Heath, Matthew Holcomb and Paul Sorensen to the office of Trustee, each for a four-year term, such terms to commence upon being sworn into office at the next regular meeting of the Board of Trustees on April 11, 2012, INTRODUCED, READ, and ADOPTED this 2e day of March, 2012. TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ATTEST: �\vkES TOry� �,(� -� � • TOWS Rebecca Toberman Acting Town Clerk m SEA, )Q0 �Q C,��NTY, • G� O RESOLUTION NO. 12-10 A RESOLUTION CONCERNING THE MEMBERSHIP, GOALS AND RESPONSIBILITIES OF THE TOWN OF FIRESTONE CULTURAL COMMITTEE WHEREAS, by Resolution 11-40, the Board of Trustees established the Town of Firestone Cultural Committee as an advisory committee of the Board of Trustees in accordance with Section 2.04.130 of Firestone Municipal Code, and set forth certain provisions regarding the membership, goals and responsibilities of the Committee; and WHEREAS, by Resolution No. 12-07, the Board of Trustees increased the number of resident members of the Committee; and WHEREAS, the Board of Trustees by this Resolution desires to increase the number of Trustee members of the Committee and restate the membership, goals and responsibilities of the Committee with corresponding revisions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestone Cultural Committee (the "Committee") was established by the Board of Trustees effective December 14, 2011. The Committee shall be an advisory committee of the Board of Trustees. The Committee shall consist of not more than thirteen members, as follows: Two members of the Board of Trustees, up to nine residents of the Town, the Town Manager, and the Communications and Community Outreach Coordinator. The Trustee and resident members shall be appointed at a public meeting by the presiding officer unless otherwise ordered by a majority vote of the Board, and in that case the appointment shall be by ballot. Section 2. The following rules shall apply to the Committee: A.Quorum: Five members of the Committee 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: The Town Manager and Communications and Community Outreach Coordinator shall serve ex officio. The Town resident and Trustee members of the Committee shall be appointed to two-year terms, which terms 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, subject to the requirement that a Trustee member's service shall be concurrent with his or her service, as Trustee. Trustee and Town resident members of the Committee may be reappointed without any limit on the total number of terms served. C. Vacancies/Removal: A vacancy in the position of Trustee or a Town resident member of the Committee shall be filled by appointment at a public meeting by the presiding officer unless otherwise ordered by a majority vote of the Board, in which case the appointment shall be by ballot. 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 term of the vacating Committee member. Trustee and Town resident members of the Committee may be removed from the Committee for any reason by an affirmative vote of a majority of the entire Board of Trustees. D. Meetings: The Committee shall meet at least once each calendar quarter unless there is no business for the Committee to consider. Regular meeting 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. Section 3. The Committee shall serve in an advisory capacity to the Board of Trustees on matters of interest to the Town and Town Board concerning arts, cultural and civic activities, events and similar matters of interest. The Committee's goals and responsibilities include, but are not limited to the following: A. Serve as an advisory group to the Town Board on cultural arts matters; B. Recommend methods for maintaining and increasing artistic and cultural resources as well as the level of awareness of arts, cultural and civic events; C. Provide advice and recommendations to the Town Board with respect to the planning and conduct of the Town's annual special events; D. Serve as a forum and sounding board for discussion and development of the Town• s policies concerning and interests in cultural matters and the advancement of artistic, cultural and civic activities in the Town; E. Stimulate and encourage. private and public study, planning, presentation and participation in artistic, cultural and civic activities and events; F. Serve as a coordinating body to whom art organizations, artists and anyone interested in the advancement of arts, culture and civic activities in the Town can come for information or assistance; G. Encourage and promote programs for the enrichment of culture in the Town; H. Coordinate and strengthen existing organizations in the field of arts and culture and develop cooperation with other local, regional and state groups and organizations; I. Explore and recommend to the Town Board ways and methods of obtaining private, local, state and federal funds to promote arts and culture in the Town; J. Gather information, conduct surveys and undertake similar activities in view of advising the Town Board on matters respecting cultural development for the Town; 2 K. Study, review and make recommendations to the Town Board regarding potential artistic, cultural and civic facilities and assets for the Town; L. Make an annual report to Town Board covering its activities for the year and the scope of its planned activities for the forthcoming year; and M. Working with assigned staff, encourage and support contributions and grants from individuals, groups and others for the benefit of the Town's artistic, cultural and civic programs, and provide recommendations to the Town Board on the use of contributions and funds for such programs. 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, to include a chair and a recording secretary, and such other officers as the Committee may determine. Section 5. Portions of any prior resolutions inconsistent or conflicting with this resolution are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, and ADOPTED this 11th, day of April, 2012. TOWN OF FIRESTONE, COLORADO rtESTON� �f TOWN 10 Chad Auer �E�. / a Mayor ATTEST: C. . �NTY Rebecca Toberman Acting Town Clerk 3 RESOLUTION NO. 12-11 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 previously appointed a Member Representative and an Alternate Member Representative to the DRCOG Board of Directors; and WHEREAS, the seat of Member Representative is currently vacant; and WHEREAS, the Town by this Resolution desires to appoint a Member Representative and a new Alternate Member Representative for the Town to the DRCOG Board of Directors; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby appoints Trustee George Heath 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 Jennifer Weinberger 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 inability to act, or as otherwise permitted by DRCOG. INTRODUCED, READ, and ADOPTED this 1 lth day of April, 2012. ATTEST: � U TpQ "rowN""''.F UPS, to pp�NTY, Gp�O r— Je�L� N-1-KZsss>— Rebecca Toberman Acting Town Clerk TOWN OF FIRESTONE, COLORADO CU Chad Auer Mayor RESOLUTION NO. 12-12 A RESOLUTION RECOGNIZING EXISTING PUBLIC MEMORIALS AND MONUMENTS WITHIN TOWN PARKS AND RECREATION FACILITIES WHEREAS, by Ordinance No. 800, adopted April 25, 2012, the Board of Trustees adopted regulations concerning the placement of memorials and monuments in the Town's parks and recreation facilities; and WHEREAS, Ordinance No. 800 prohibits memorials and monuments within Town parks and recreation facilities excepting those placed with the approval of the Board of Trustees that are owned and maintained by the Town and that are appropriate to mark an event of national, state or local significance or to provide the general public with local history; and WHEREAS, the Board of Trustees desires to recognize certain existing memorials and monuments in the Town's parks and recreation facilities and designate them as public memorials and monuments; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees recognizes the following existing memorials and monuments within the Town and hereby designates them as public memorials and monuments: 1. Memorial to Firestone Police Chief Ace Onorato in Onorato Park; 2. Memorial to Firestone Police Officer Richard Hart in Hart Park; 3. Memorial to Dick Stoner in Hart Park; 4. Memorial to Marco in Hart Park; 5. Memorial to Aisik, Firestone's first police dog, in Aisik's Meadow Park; 6. Memorial to Daniel David Sutton on Firestone Trail by Harney Park; 7. Memorial to Tristin Coty Bertron at Firestone Sports Complex Field #3; 8. The Firestone Clock and individualized brick monument in Jacob H. Firestone Memorial Park; and 9. Memorial to Mike Degge on Firestone Trail by Jacob H. Firestone Memorial Park, INTRODUCED, READ, and ADOPTED this day of kKQ�,j , 2012. ESTOIVF TOWN OF FIRE TONE, COLORADO -fow SEAL � had Auer ATTEST: ayor NT Rebecca Toberman Acting Town Clerk RESOLUTION NO. 12-13 A RESOLUTION APPROVING SPECIAL USE PERMITS FOR ENCANA OIL & GAS (USA) INC. TO LOCATE TWO OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, EnCana Oil & Gas (USA) Inc. (hereinafter "EnCana" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate within the Town two oil and gas wells referred to as the proposed Sheley 3A-4H and 313 4H Wells; and WHEREAS, EnCana has submitted the applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use permits have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, 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 forwarding to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permits and has held a properly noticed public hearing on the 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 pen -nits for the oil and gas wells should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit request of EnCana Oil & Gas (USA) Inc. for location of the Sheley 3A-4H and 3B-4H Wells within the Town of Firestone, in the locations more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. 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. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. 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. 9. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 10. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 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. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 2 12, Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. Place a gravel apron at the existing EnCana access road off of Firestone Boulevard. 21. Correct references made to Boulder County and Mountain View Fire Protection District to Weld County and the Frederick -Firestone FPD. 22. Provide a statement regarding any mineral interest the Town of Firestone has in any of these wells. INTRODUCED, READ, and ADOPTED this 23`a day of May, 2012. TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor Pro-tem ATTEST: FARES Tp roWN F Rebecca Toberman, Acting Town Clerk �� *��i�r, p! C� xy 0Q N EXHIBIT A: Location of Wells Proposed Sheley 3A-4H and 3B-4H Wells EnCana Oil and Gas (USA) Inc. SW 1/4 of the SW 1/4 of Section 4, Township 2 North, Range 67 West, 61h P.M. 4 RESOLUTION NO. 12-14 A RESOLUTION APPROVING SPECIAL USE PERMITS FOR ENCANA OIL & GAS (USA) INC. TO LOCATE FOUR OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, EnCana Oil & Gas (USA) Inc. (hereinafter "EnCana" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate within the Town four oil and gas wells referred to as the proposed Neighbors 0-6-12, 2-8-12, 4-6-12, and 14-12 Wells; and WHEREAS, EnCana has submitted the applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use permits have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, 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 forwarding to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permits and has held a properly noticed public hearing on the 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 IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit request of EnCana Oil & Gas (USA) Inc. for location of the Neighbors 0-6-12, 2-8-12, 4-6-12, and 14-12 Wells within the Town of Firestone, in the locations more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. I 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. 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. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. 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. 9. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 10. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 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. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 2 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. Enter into a Surface Use Agreement with the Town of Firestone. 21. Relocate the access road to the east side of the T-intersection of Neighbors Parkway and Buffalo Street so that the existing curb, gutter and sidewalk is not being driven over when they access the parcel. Place a gravel apron at the relocated access point at Neighbors Parkway. 22. Correct references made to Boulder County and Mountain View Fire Protection District to Weld County and the Frederick -Firestone FPD. 23. Provide a statement regarding any mineral interest the Town of Firestone has in any of these wells. 24. Provide a copy of Addendum I regarding the reseeded mixture. INTRODUCED, READ, and ADOPTED this 23rd day of May, 2012. ATTEST: 21L.4 Rebecca Toberman, Acting Town Clerk OF FIRESTONE, COLORADO Paul Sorensen, Mayor Pro-tem (ck ESTOA rowNSEAL j$ to 3N7Y,.G��, EXHIBIT A: Location of Wells Proposed Neighbors 0-6-12, 2-8-12, 4-6-12, and 14-12 Wells EnCana Oil and Gas (USA) Inc. SE '/a of the S W '/a of Section 12, Township 2 North, Range 68 West, Oh P.M. 4 RESOLUTION NO. 12-1 S A RESOLUTION APPROVING A FINAL PLAT FOR ADVANCED FORMING TECHNOLOGY FILING NO. 1 WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final plat for the Advanced Forming Technology Filing No. 1 subdivision, a replat of Lot 1 of Advanced Forming Technology Minor Plat; and WHEREAS, all materials related to the request 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 request, and has forwarded to the Board of Trustees a recommendation of approval of such plat with conditions; and WHEREAS, the Board of Trustees has duly considered the request and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final plat should be approved subject to certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the proposed final plat of the Advanced Forming Technology Filing No. 1 subdivision, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this 23`d day of May, 2012. STOIy F �awr� / 0 v ATTEST: C'O ......•••.. G --� { 1A /ri.� r� Rebecca Toberman, Acting Town Clerk TOWN OF FIRESTONE, COLORADO )s Q-7zo-'�- Paul Sorensen, Mayor Pro -tern EXHIBIT A Final Plat Final Plat — Advanced Forming Technology Filing No. 1 a replat of Lot 1, Advanced Forming Technology Minor Plat Conditions of Approval Modify the plat and other application materials in accordance with comments from the Town Planner, Town Engineer, and Town Attorney. 2. Provide a copy of the access easement for Lot 2 prior to recording. 3. Execute a subdivision agreement, in a form to be provided by the Town Attorney. 4. If Outlot A, a 50-foot wide strip along the east boundary of Lot 1, is to be created for conveyance to the Town, show and label it on the plat prior to recording. If no land will be conveyed to the Town, Outlot A does not need to be shown on the plat. 2 RESOLUTION NO. 12-16 A RESOLUTION AMENDING THE 2011 BUDGET BY INCREASING THE APPROPRIATIONS IN THE GENERAL FUND, THE HIGHWAY FUND, THE PARKS FUND, THE CAPITAL IMPROVEMENTS FUND, AND THE OPEN SPACE FUND AND AUTHORIZING TRANSFERS FROM THE CAPITAL IMPROVEMENTS FUND TO THE HIGHWAY FUND AND THE PARKS FUND. WHEREAS, the Board of Trustees of the Town of Firestone on December 9, 2010 adopted a budget for the 2011 calendar year per Resolution 10-47, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town has received additional revenues and transfers not anticipated at the time of adopting of the 2011 budget, or has available existing fund balances; and WHEREAS, based on the foregoing, a need exists to appropriate additional sums of money in the General Fund, the Highway Fund, the Parks Fund, the Capital Improvements Fund, and the Open Space Fund and to authorize transfers from the Capital Improvements Fund to the Highway Fund and the Parks Fund; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to the 2011 budget authorized by this Resolution; and WHEREAS, the amended 2011 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 2011 General Fund appropriation is hereby increased by $442,804.00, such expenditures corresponding to the recording of the reduction of the amounts due under the Public Improvements Reimbursement Agreement and the Retail Infrastructure Funding Agreement. The distribution of the supplemental appropriation is as follows: Revenues Account # Amount Sales Taxes 1000-314005 $442,804.00 Expenditures Account # Amount Debt Service 1000-490000-650 $258,529.00 Transfer to Water Fund 1000-521000-820 $184,275.00 Section 2. That the 2011 Highway Fund appropriation is hereby increased by $345,971.00, such expenditures corresponding to unanticipated expenditures. Such increased 1 appropriation is funded by transfer of impact fees from the Capital Improvements Fund. The distribution of the supplemental appropriation is as follows: R PvPrniPs Transfer from Capital Improvement Fund Expenditures Zinnia/WCR 7 Road Improvements Account # Amount 2820-383200 $345,971.00 Account # Amount 2820-450700-944 $345,971.00 Section 3. That the 2011 Parks Fund appropriation is hereby increased by $53,801.00, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by transfer of Park Impact Fees from the Capital Improvements Fund. The distribution of the supplemental appropriation is as follows: Revenues Transfer from Capital Improvement Fund Expenditures Trail/Sports Complex Projects Account # Amount 2830-383215 $53,801.00 Account # Amount 2830-460400-947 S53,801.00 Section 4. That the 2011 Capital Improvements Fund appropriation is hereby increased by $399,772.00, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by existing fund balance as allowed by State statutes. The distribution of the supplemental appropriation is as follows: Expenditures Account # Amount Transfer to Highway Fund 4000-521000-825 $345,971.00 Transfer to Parks Fund 4000-521000-826 S 53,801.00 Section 5. That the 2011 Open Space Fund appropriation is hereby increased by $20,000.00, such expenditures corresponding to unanticipated expenditures. Such increased appropriation is funded by additional revenues for 2011. The distribution of the supplemental appropriation is as follows: Revenue Account # Amount Occupational Room Tax 7055-314600 S20,000.00 Expenditures Account # Amount Transfer to Firestone 7055-521000-828 $20,000.00 Finance Authority 2 INTRODUCED, READ AND ADOPTED this 23ld day of May, 2012. S 24, "iowry mi OEAL Attest: ul't. T Rebecca Toberman, Acting Town Clerk TOWN OF FIRESTONE, COLORADO Djs���� Paul Sorensen, Mayor Pro-tem RESOLUTION NO. 12 - E I A RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT PLAN AND FINAL DEVELOPMENT PLAN FOR THE CARBON VALLEY HELP CENTER WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary development plan (PDP) and final development plan (FDP) for the property located at 150 Buchanan Avenue, the legal description of which property is Lots 7 and 8, Block 15, Town of Firestone, Weld County, State of Colorado; and WHEREAS, all materials related to the proposed PDP and FDP 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, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Planning and Zoning Commission recommended denial of the proposed PDP and FDP and the Board of Trustees has duly considered the Commission's recommendation; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds that the proposed PDP and FDP should be approved; NOW, THEREFORE, BE IT RESOLVED BY BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Based upon the evidence and testimony entered into the record at the public hearing, the Board of Trustees does hereby approve the proposed preliminary development plan (PDP) and final development plan (FDP) for the property located at 150 Buchanan Avenue, the legal description of which property is Lot 7, Block 15, Town of Firestone, Weld County, State of Colorado, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this ')-'7 day of , t&,9_ , 2012. ��REsroNF ,� TOWN f m SEA, p Chad uer ATTEST: ro �, f A-T Mayor rY, �° o 2)�L T Rebecca Toberman Acting Town Clerk EXHIBIT A Carbon Valley Help Center PDP and FDP Conditions of Approval Execute an agreement with the Town regarding the use of the facility, as prepared by the Town Attorney. 2. Submit a copy of the development plan denoted as the preliminary development plan (PDP) and that is otherwise consistent with the final development plan, which PDP shall be for filing with the Planning Department. In the Project Concept Section of the PDP and FDP, delete the word "typically". 2 RESOLUTION NO. I I - I g A RESOLUTION APPROVING AN AMUSEMENT LICENSE FOR CRABTREE AMUSEMENT TO OPERATE A CARNIVAL ON LOT 3 OF THE FIRESTONE SAFEWAY SUBDIVISION FROM JUNE 29 TO DULY 4, 2012 WHEREAS, the Board of Trustees has received an application for an amusement license from Crabtree Amusement requesting approval to operate a carnival on Lot 3 of the Firestone Safeway Subdivision from June 29 to July 4, 2012; and WHEREAS, Town staff has reviewed the application, and found that, with conditions, it complies with Chapter 5.12 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the amusement license should be approved, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves an amusement license for Crabtree Amusement to operate a carnival on Lot 3 of Firestone Safeway Subdivision (the "Property") from July 2 to 4, 2011, subject to the terms and condition set forth below: A. The hours of operation of the carnival shall be as follows: a. Friday, June 29 from 5:00 p.m. to 10:00 p.m. b. Saturday, June 30 from 1:00 p.m. to 10:00 p.m. C. Sunday, July 1 from 5:00 p.m. to 10:00 p.m. d. Monday, July 2 from 5:00 p.m. to 10:00 p.m. e. Tuesday, July 3 from 5:00 p.m. to 10:00 p.m. f. Wednesday, July 4 from 10 a.m. to 10:00 p.m. except for a break in operations from approximately 15 minutes before until the end of the veterans ceremony on July 4. B. The site shall be kept in a clean and sanitary condition, free from all junk, litter and debris, at all times and shall be returned to its original condition no later than July 7, 2012. Operator at its expense shall provide sufficient trash and restroom facilities on site. C. Any and all lighting to be placed upon the Property shall be non -intrusive so as not to constitute a nuisance to any neighboring properties. No lighting may be maintained outside of the hours of operation. D. Have the Amusement License Application notarized. 1 E. Supplement the Amusement License Application to include additional information as requested by the Town further to the answers to Questions 14, 15, and 16. F. Submit a traffic control plan approved by the Chief of Police. G. Supplement the site plan concerning barricaded and points or entry and access in accordance with Town Staff direction. H. Submit written approval by the Frederick -Firestone Area Fire Protection District of the site plan and emergency access provisions, and submit to any site inspections required by the Fire Protection District. I. Submit a certificate showing that each tent or temporary stand has been flame -treated, within one year, by a recognized flame-retardant product, and that fire extinguishers contain necessary certification tags. J. Attach a copy of any report of any inspection made of the carnival or amusement rides or devices in the previous twelve months, and a copy of such report of any inspection to be conducted within the next preceding thirty days. K. Submit details regarding the provision of uniformed, trained security personnel (if any). The applicant agrees to provide security personnel reasonably required by Town Staff. If applicant requests security be provided through the Firestone Police Department, applicant shall reimburse the Town for police personnel service provided. L. Comply with any Building Department requirements for inspections. M. The Town shall have the right to enter into the Property at any time during the term of this Agreement for any purpose of the Town. N. Overnight stay on the property is subject to the following requirements: a. Overnight stay facilities are limited to enclosed vehicles or structures; no tent or open camping is permitted. No camp fires are permitted. b. Overnight stay is allowed only for safety, security and operational personnel of the operator, and limited to a maximum of 20 persons. C. Restroom facilities shall be available overnight by either restroom facilities within RVs/trailers or port -a -lets in the immediate vicinity of the sleeping area. O. Provide current registration with Division of Oil and Public Safety. kt' INTRODUCED, READ, and ADOPTED this Z-? day of J k )--� 12012. W ATTEST: �ff'•�OWN 4 SEAL 10 O�NTY • Gp\. ITl: Rebecca Toberman Acting Town Clerk TOWN OF FIRESTONE, COLORADO Chad Auer Mayor IA1106]Illyry 0012[0af►•I 9 A RESOLUTION APPROVING RENEWAL OF THE INTERGOVERNMENTAL AGREEMENT REGARDING FIRE SERVICES WITH THE FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT WHEREAS, the Town of Firestone ("Town") and the Frederick -Firestone Fire Protection District ("District") entered into that certain Intergovernmental Agreement Between the Frederick -Firestone Fire Protection District and the Town of Firestone Regarding Fire Services ("IGA") on October 30, 2003 for fire protection and emergency services within the boundaries of the Town; and WHEREAS, the IGA will renew on October 30, 2013 for a new ten-year term, unless the Town provides the District with written notice of termination prior to October 30, 2012; and WHEREAS, the District has met all fire protection and emergency service needs within the boundaries of the Town as those boundaries have grown since 2003; and WHEREAS, the Town desires to continue its relationship with the District by renewing the IGA for fire protection and emergency services, pursuant to its terms and conditions. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves renewal of the Intergovernmental Agreement Between the Frederick -Firestone Fire Protection District and the Town of Firestone Regarding Fire Services for the provision of fire protection and emergency services within the boundaries of the Town, as those boundaries may change from time to time, for a ten-year term to expire October 30, 2023. The foregoing shall not affect any parry's right to earlier terminate said Agreement as provided therein. Section 2. This resolution shall be become effective immediately upon adoption. Section 3. All other resolutions or portions thereof previously adopted that are inconsistent or conflicting with this resolution or portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, and ADOPTED this 25'" day of July, 2012. TOWN OF FIRESTONE, COLORADO F\,RES7*— {rawN m10 Paul Sorensen, Mayor Pro -tern ATTEST: oft Q 0 ............. , Rebecca Toberman, Town Clerk 12129561 RESOLUTION NO. 12-20 A RESOLUTION CALLING A SPECIAL ELECTION FOR NOVEMBER 6, 2012, TO BE CONDUCTED AS A COORDINATED ELECTION, FOR THE PURPOSES OF SUBMITTING A TABOR BALLOT ISSUE TO THE REGISTERED ELECTORS OF THE TOWN WHEREAS, a statewide general election will occur on November 6, 2012; and WHEREAS, the Board of Trustees finds it in the best interests of the Town of Firestone to call a special election for November 6, 2012 for the purpose of referring to the registered electors of the Town a TABOR ballot issue concerning the imposition of a temporary one percent sales tax for a fifteen year period commencing January 1, 2013, which tax would be upon the Town's existing sales tax base so that there continues to be no Town sales tax upon sales of food for domestic home consumption; 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 30 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. A special election is hereby called to be held on Tuesday, November 6, 2012 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 a TABOR ballot issue. The Board of Trustees may submit such TABOR ballot issue to appear on the ballot of the special municipal election by the adoption of appropriate resolution or ordinance 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 1 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 6, 2012, and such election shall be conducted as part of the coordinated regular election. 1 INTRODUCED, READ AND ADOPTED this 25th day of July, 2012. TOWN OF FIRESTONE, COLORADO STpN� ' SOWN f SEA p Paul Sorensen, Mayor Pro -teen O ATTEST: pCiNrY, cow Rebecca Toberman, Town Clerk RESOLUTION NO. 12-21 A RESOLUTION CONCERNING THE USE OF REVENUES FROM THE TEMPORARY ONE PERCENT SALES TAX REFERRED TO THE REGISTERED ELECTORS AT THE SPECIAL ELECTION TO BE HELD NOVEMBER 6, 2012 WHEREAS, by the adoption of Resolution No. 1220, the Board of Trustees has called a special election to be held November 6, 2012; and WHEREAS, by the adoption of Ordinance No. 806, the Board of Trustees has referred to the registered electors of the Town a TABOR ballot issue proposing a temporary sales tax of one percent to be imposed for a fifteen -year period commencing January 1, 2013, which tax would be upon the Town's existing sales tax base so that there continues to be no Town sales tax upon sales of food for domestic home consumption; and WHEREAS, as stated in the ballot title for such measure, the net proceeds of the temporary one percent sales tax would be collected, retained and spent for acquisition, development, construction, operation, maintenance, repair, replacement, expansion, rehabilitation and renovation of existing and planned parks, streets and utilities, including but not limited to Central Park improvements, arterial, collector, and local streets, waterlines, culverts, drainage facilities, raw water irrigation facilities, curbs, gutters, sidewalks, trails, bridges, shoulders and medians, and for public works operation equipment; and WHEREAS, the Board of Trustees desires by this Resolution to further state its intent with respect to use of funds from the temporary sales tax, while recognizing that final decisions regarding the use of revenues from the tax, if approved by the voters, will be made through the Town's capital improvement planning and annual budgeting processes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. As stated in the ballot title therefor, if the Ballot Issue referred by Ordinance No. 806 is approved by the registered electors of the Town at the November 6, 2012 special election, the net proceeds of the temporary one percent sales tax shall be collected, retained and spent for acquisition, development, construction, operation, maintenance, repair, replacement, expansion, rehabilitation and renovation of existing and planned parks, streets and utilities, including but not limited to Central Park improvements, arterial, collector, and local streets, waterlines, culverts, drainage facilities, raw water irrigation facilities, curbs, gutters, sidewalks, trails, bridges, shoulders and medians, and for public works operations equipment. Section 2. Recognizing that the Ballot Issue will, if approved, generate revenues to assist the funding of several categories of projects and services within the Town, the Board of Trustees states it is the Board's present intent that revenues from the temporary one percent sales tax provide a funding source for funding in whole or part the following projects and services: • Colorado Boulevard Rehabilitation • Firestone Trail Old Town Bridge • Last Change Ditch Culvert Replacement • Locust Street Rehabilitation • McClure Avenue Widening • Old Town Street and Waterline Replacement • Public Works Enhanced Operations and Maintenance, including but not limited to additional preventative maintenance, equipment replacement and enhanced public street maintenance • Raw Water Irrigation System Phase 1, which phase include proposed Central Park lake improvements Section 3. The list of projects and services in Section 2, above, is not an exclusive list, nor does this list or resolution imply any order of priority for completion of projects or any guarantee of funding. Rather, the Board intends that all decisions regarding the use of revenues from the tax will be made by the current and succeeding Boards of Trustees through the Town's capital improvement planning and annual budgeting processes. Nothing herein constitutes an appropriation of funds. READ, PASSED AND ADOPTED this 251n day of July, 2012. ATTEST: ��R�sroN TO At SEAL 10 rs Q •J O�N7Y ••G�4 f Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor Pro-tem RESOLUTION NO. 12-22 A RESOLUTION APPROVING A MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT FOR CONDUCT OF GENERAL ELECTIONS BY AND BETWEEN 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 6, 2012, as a coordinated election pursuant to the Uniform Election Code and, in particular, C.R.S. Section 1-7-116; and WHEREAS, by Resolution No. 12-20, the Board of Trustees called a special municipal election for November 6, 2012, to be conducted as a coordinate election pursuant to state law; and WHEREAS, the attached Memorandum of Intergovernmental Agreement for Conduct of General 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 General 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, READ AND ADOPTED this 22°d day of August, 2012. FIR S o f TOwN SEAL o Attest: pO oGtiN. -GOB. Rebecca Toberman, Town Clerk 813P2012 4-01 PM [kmk] S:\FirestonelE]ectionL012Election]GA.res.doc TOWN OF FIRESTONE, COLORADO c 0 L-, Chad Auer, Ma or Memorandum of Intergovernmental Agreement For Conduct of General Elections City 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 6, 2012, 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 vote center on November 6, 2012; 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: The Jurisdiction encompasses territory within Weld County and County. This Agreement shall be construed to apply only to that portion of the Jurisdiction within Weld County. 2. Term of Agreement: This Agreement is intended only to deal with the conduct of the November 6, 2012, 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), G.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 1966, Article X of Title 31, as adopted by reference pursuant to § 1-4-805, C.R.S. c. Establish order of names and questions pursuant to § 1-5-406 for Jurisdiction's portion of the ballot and submit to the County Clerk in final form. The ballot content, including I of 6 Memorandum of intergovernmental Agreement For Conduct of General Elections 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. d. Publish and post notice of election pursuant to § 1-5-205(1), C.R.S., and include the information regarding the walk-in location address and hours of operation for application, pick-up, or return of mail ballots as set forth in 4(d) of this Agreement. e. Accept written comments for and against ballot issues pursuant to §§ 1-7-901 and 1-40-125(2)(e), C.R.S. Comments to be accepted must be filed by the end of the business day on the Friday before the 45`" 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(e) shall require the County Clerk to prepare summaries regarding the Jurisdiction's ballot issues. 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. Special Districts shall be solely responsible for circulating the notice required to property owners that reside outside of the special district pursuant to Colorado Constitution Section 20, Article 10(3)(b), the Taxpayer's BIII of Rights. g. Accept affidavits of intent to accept write-in candidacy up until close of business on July 17, 2012, and provide a list of valid affidavits received and forward them to the County Clerk pursuant to § 1-4-1102, C.R.S. h. Pay the sum of $1.00 per registered elector eligible to vote in the Jurisdiction's election as of the final date of registration prior to the November 6, 2012, election, 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 Paragraph (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. 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, any municipality 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. k. 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 political subdivision is located. 2 of 6 Memorandum of Intergovernmental Agreement For Conduct of General Elections I. 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.- m. Jurisdictions that are special districts shall notify property owners within the district in writing of the relationship between the district and the County Clerk with regards to the November 6, 2012, General Election. Additionally, such notice shall inform the property owner to notify the Weld County Clerk and Recorder by October 30, 2012, if such person intends to vote. Such notification should be directed to Rudy Santos, Weld County Election Manager. n. 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 Rudy Santos, the Weld County Election Manager (see contact information in 5(g)), of any changes to the information contained in said list. 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. b. Circulate the Taxpayer's Bill of Rights notice pursuant to Colorado Constitution Article X, Section 20. However, in the case of Special Districts, the County Clerk shall circulate the Taxpayer's Bill of Rights notice to only those active eligible electors residing within the Special District. Special Districts shall be solely responsible for circulating Taxpayer's Bill of Rights notice required to property owners that reside outside of the Special District. 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. Publication by the County Clerk will only be in the Ft. Lupton Press and the Greeley Tribune, newspapers of general circulation. d. Provide 2 locations for voters to apply for, and obtain mail -in ballots: 1. The Weld County Election Office, 1401 N. 171" Avenue, Greeley, CO 2. The Southwest Weld Office (Del Camino), 4209 County Road 24 %, Longmont, CO October 22, 2012,— November 2, 2012 — 8:00 a.m. — 5:00 p.m. — Monday — Friday Election Day, November 6, 2012 — 7:00 a.m. — 7:00 p.m. e. Provide five Early Vote Sites — October 22 — November 2, 2012, that will be open from 8:00 a.m. to 6:00 p.m. — Monday — Friday, at: 1. , Fort Lupton Recreation Center, 203 S Harrison Ave, Fort Lupton, CO 2. Weld County Training Center, 1104 H Street, Greeley, CO 3of6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 3. Southwest Weld Office (Del Camino), 4209 County Road 24 '/z , Longmont, CO 4. Trinity Lutheran Church, 3000 S. 35`h Avenue, Greeley, CO 5. Windsor/Severance Fire Station, 100 7`h Street, Windsor, CO f. Provide 33 vote centers on Election Day, November 6, 2012, where voters will have the option of voting on touch -screen voting machines or dropping off their mail -in ballots from 7:00 a.m. to 7:00 p.m. See Exhibit A, incorporated herein by reference, for locations. g. Give notice to Jurisdiction of the number of registered electors within the Jurisdiction as of the effective date of cutoff for registration; identify the members of the Board of Canvassers eligible for receiving a fee; and bill the Jurisdiction for the fees. h. Designate Rudy Santos, Weld County Election Manager, to act as a primary liaison or contact between the County Clerk and the Jurisdiction (see contact information in 5(g). i. 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. j. 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 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. k. Establish combined precincts pursuant to § 1-5-102.7, C.R.S., if warranted, and subject to the separate express approval by the Board of County Commissioners. 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 4of6 Memorandum of Intergovernmental Agreement For Conduct of General Elections 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. C. 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 Cleric to perform in accordance with this Agreement or laws applicable thereto, then the County Cleric shall, as liquidated damage, not as a penalty, refund all payments made, pursuant to 3(h) 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 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. 1001 <9 Memorandum of Intergovernmental Agreement For Conduct of General Elections g. Notice provided for in this Agreement shall be given by the Jurisdiction to Rudy Santos of the Weld County Clerk and Recorders Office by phone: Phone: (970) 304-6525, Extension 3178 Additional Contact Information: Fax: (970) 304-6566 E-mail: rsantosCco.weld.co.us Address: PO Box 459, Greeley, CO 80632 Notice provided for in this Agreement shall be given to the Jurisdiction election officer referred to in 3(1) of this Agreement by phone: Designated Election Official for Jurisdiction: Rebecca Toberman Phone: Additional Contact Information: Fax: E-mail: Address: DATED this day of WELD COUNTY CLERK AND RECORDER Steve Moreno, Clerk and Recorder APPROVED AS TO FORM: County Attorney APPROVED AS TO FORM: Attorney for Jurisdiction (Signature) 2012. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD COUNTY Sean Conway, Chair ATTEST: Clerk to the Board of County Commissioners Deputy Clerk to the Board City of Firestone ATTEST: Designated Election Official for Jurisdiction (Signature) 6 of 6 EXHIBIT A 2012 General Election Weld County Vote Centers City/Town Location Address Briggsdale Briggsdale RE-10J 515 Leslie Dacono Dacono City Hall 512 Cherry Street Eaton Evangelical Free Church of Eaton 1325 3rd Street Erie Erie Community Center 450 Powers Street Evans Evans Community Complex 1100 37 Street Evans Cave Creek Club House 3400 Sa ebrush Blvd sForta L tc�=: `lEe.rk l Ea tea Reortti4ei tit uflHarr�so Aue — _ : , Frederick TO Town Baptist 420 Johnson Street Frederick Carbon Valley Recreation 701 5' Street — ;, . . __.�se� a •_•_—•�==w^ x :-__._.. ;..__ W �.._"� ur":::"=Y 3 e 3 f 'F t 3"'E [s ' - 3:�ic.-:� " is a`_ . .' � .:r'...s ..x :'sxcle.Fii�Si %•:.''vw.•�s� -= x-:'x1i�c: !;•_:': o :. _ �tFr n..'":r?^_jfS:pt.'xa}F.i;s'"'i}i{:,ci:SHlii:M-is:i:!- rans—QQtxal.,reI i era Sri -x^' x' ;:y+• - Greeley Greeley Ice Haus 900 8tb Ave, Greeley Greeley Farr Branch Library 1939 6151 Avenue -Greeley Bonell Good Samaritan Community 708 22"d St Greeley Western Hills Fire Protection 1731 Cedar Ave Greeley UNC U N C Center 101h Ave & 20'h St Greeley Greeley Family Fun lex 1501 65 Avenue -Greeley Cache Bank & Trust 4601 West 201hStreet Greeley Event Center at Island Grove 501 N. 14th Avenue Grover Grover Fire Hall 319 Chato a Avenue Johnstown Johnstown Comm unit/Senior Center 101 Charlotte Street Keenesburg Keenesburg Town Hall 140 S Main Street, Kersey Kersey Community Church South First Street, Kersey LaSalle La Salle Town Hall 128 N 2nd Street Lochbuie Lochbuie Senior Center 501 Willow Drive OR lb #1�1?t.i�7� Of=f�I"am n9 drtx -.. Mead Mead Middle School 620 Welker Avenue Milliken Milliken Town Hall 1101 Broad St New Ra mer Prairie High School 42315 Weld County Rd 133 Nunn Nunn Town Hail 185 Lincoln Avenue Platteville Platteville Town Hall 400 Grand Avenue xi ,.....;, . .e.=uz...._.-�:•:!-r.:,-.a -F :;ti::f-.... `•=7irS:4°-^•re:,.ku� ;WOdr ,�,.:._-�r1ttSrl;rrrrtezFErtti, .s7r.= • <dx-.•`_ - _ _ »�c' .. -- -'^-r,C`S-d�� i`_^?+ .- - H R_.`._. Windsor Tozer Elementary School 1501 Oak Street * The five (5) Early Vote Centers will be open October 22, 2012 — November 2, 2012, Monday — Friday; 8:00 a.m. to 5:00 p.m. All 33 Vote Centers will be open on Election Day, November 6, 2012, from 7:00 a.m. to 7:00 p.m. This exhibit is part of the Memorandum of Intergovernmental Agreement for Conduct of Election for the 2012 General Election. RESOLUTION NO. 12-23 A RESOLUTION SETTING THE STREET LIGHT CHARGE FOR THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Town of Firestone (the "Town") provides street and signal lights for the residents of the Town; and WHEREAS, a charge for this service is collected through the billing for the water system; and WHEREAS, pursuant to Section 12.20.050 of the Firestone Municipal Code, said charge shall be in the amount established from time to time by resolution of the Board of Trustees; and WHEREAS, the Board of Trustees wishes to establish by resolution the amount of said charge; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Section 12.20.050 of the Firestone Municipal Code, the Board of Trustees hereby establishes a street light charge of three dollars and forty-eight cents per month upon each residence, business and other establishment having a water service account with the Town. Section 2. The charge set by this resolution shall be effective upon the effective date of Ordinance No. 807, and may thereafter be amended from time to time by resolution of the Board of Trustees. Section 3. The charge set by this resolution shall supersede and replace any charge previously set or adopted by the Board of Trustees for the same purpose. PASSED AND ADOPTED THIS 12"' DAY OF SEPTEMBER, 2012. ATTEST: r TOWS A SEAL � Os s�o�Nfy (11, . , -TA,,_� - Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COLORADO e� A Chad Auer, Mayor RESOLUTION NO. 12-24 A RESOLUTION APPROVING A FACIITY USE LICENSE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CARBON VALLEY HELP CENTER WHEREAS, there has been proposed a Facility Use License Agreement between the Town of Firestone and the Carbon Valley Help Center for the Center's use of the old Town Hall located at 150 Buchanan Avenue in Firestone; 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 Facility Use License Agreement ("Agreement") 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 Agreement accompanying this Resolution. Section 2. The Mayor is hereby authorized to execute the Agreement, except that the Mayor is hereby further 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. 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 Agreement 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 requests for extensions under Section 2 of said Agreement. Attest: INTRODUCED, READ, AND ADOPTED THIS 12th DAY OF SEPTEMBER, 2012. F WN O' fe OG�TY G� Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COLORADO CU Chad Auer, Mayor FACILITY USE LICENSE AGREEMENT THIS FACILITY USE LICENSE AGREEMENT (hereinafter "License") is made and entered into effective the day of , 2012, by and between the Town of Firestone, Colorado, a municipal corporation (hereinafter "Town") and Carbon Valley Help Center, a Colorado nonprofit corporation (hereinafter "CVHC"). WHEREAS, the Town is the owner of the property located at 150 Buchanan Avenue, Firestone, Colorado, consisting of the old Town Hall, a parking lot and storage facilities; and WHEREAS, CVHC desires to use the property for operation of the Carbon Valley Help Center, and the Town is willing to license the property to CVHC upon the terms of this License; and NOW, THEREFORE, the Town and CVHC agree as follows: 1. Premises and Interest. In consideration of the performance of the covenants and agreements set forth in this License, the Town licenses to CVHC use of the property and improvements located at 150 Buchanan Avenue, Firestone, Colorado, 80520, including the property, building, parking lot and storage facilities (the "Premises"). The interest CVHC in the Premises under this License shall not constitute a lease, tenancy or other real property right, but rather shall be a mere license personal to CVHC and revocable at the discretion of the Town as provided herein. 2. Duration. This License shall terminate one year after the above stated effective date 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 two additional periods of not more than one year each, each such extension subject to earlier termination by the Town and CVHC as provided herein. 3. Purpose. The Premises may be occupied and used by CVHC pursuant to this License solely for the following purpose: operation of community help center providing short-term food assistance, human service assistance and referrals to area residents, in compliance with the approved Final Development Plan ("FDP") for such use. Hours of operation shall be limited to those set forth in the approval FDP. 4. License Fee; Utilities. CVHC shall pay to the Town a one-time license fee of $50.00 for this License, which shall be paid within 15 days of the Town's execution of this License. In addition, CVHC shall be solely responsible for payment of, and shall pay when due, all utility charges for gas, electricity and telephone services for the Premises. The Town shall pay for sewer, water and trash pickup for the Premises. 5. Alterations and Improvements. CVHC shall not place, build, expand, alter, modify or add to any structures or other improvements on the Premises without the Town's prior written consent, which consent if given shall be by writing signed by the Town Manager. All 1 improvements, betterments, alteration or other work done by CVHC to the Premises shall be in compliance with all applicable federal, state, Town and other regulations and shall upon completion become the property of the Town without any obligation of payment or other compensation to CVHC of any kind. CVHC shall pay applicable building permit, plan review and other fees for its building permits. 6. Use and Care of Premises. CVHC shall use the Premises exclusively for the purpose stated in Section 3, above. CVHC shall at all times during this License, and at CVHC's sole cost and expense, maintain the Premises in a safe, sanitary, neat, clean and presentable condition, and in good condition and repair. CVHC's maintenance obligations shall include, but are not limited to, mowing, watering and otherwise maintaining the yard and landscaping at its expense, and regular cleaning of the building interior. CVHC shall use reasonable care and caution to prevent waste, damage, injury or destruction to the Premises. CVHC shall comply with all applicable ordinances, resolutions, rules, and regulations, and the written directions of the Town Manager, in its use and occupancy of the Premises. At the termination of this License by lapse of time or otherwise, CVHC shall deliver up the Premises in as good a condition as when CVHC took possession, excepting only ordinary wear and tear. CVHC shall not place or permit any signs on the Premises, except that CVHC may place one sign on the front of the building consistent with the approved FDP for its use. 7. Hazardous Materials. CVHC 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 other similar term, by any federal, state, or local law. 8. Compliance. If CVHC fails to comply with its obligations under Sections 6 or 7 above, the Town may at its sole option terminate this License as provided herein or take such measures as it determines necessary to bring the Premises into compliance with the terms of Paragraphs 6 or 7, and the cost of any such measures shall be paid by CVHC. 9. General Acceptance. CVHC accepts the Premises in its present condition with all faults, whether patent or latent, and without warranties or covenants, express or implied. CVHC acknowledges the Town shall have no obligation to repair, replace, improve or maintain any portion of the Premises. 10. Acknowledgment and Acceptance of Specific Matters. ' CVHC specifically acknowledges that the Premises may not currently meet standards under federal, state or local law for CVHC's intended occupancy, including but not limited to accessibility standards under the Americans with Disabilities Act and Uniform Building Code and adopted and in force in the Town of Firestone. Compliance with such standards, if required for CVHC's occupancy, shall be at the 2 sole cost and expense of CVHC. If CVHC determines that compliance with such standards for CVHC's occupancy is not feasible or economical, then CVHC may terminate this License, all things of value shall be returned to parties, and the parties shall be released from any further obligations hereunder. 11. Taxes. The Premises is presently exempt from any real property taxation. In the event the County Assessor determines that the Premises is subject to the lien of general property taxes due to CVHC's use or occupancy, CVHC shall be responsible for the payment of taxes. 12. Liens. CVHC shall be solely responsible for and shall promptly pay for all services, labor or materials furnished to the Premises at the instance of CVHC. The Town may at CVHC's expense discharge any liens or claims arising from the same. 13. CVHC's and Town's Property. The Town shall have no responsibility, liability, or obligation with respect to the safety or security of any personal property of CVHC placed or located on, at, or in the Premises, it being acknowledged and understood by CVHC that the safety and security of any such property is the sole responsibility and risk of CVHC. Except as otherwise specifically provided in this License, CVHC shall have no responsibility, liability, or obligation with respect to the safety or security of any personal property of Town placed or located on, at, or in the Premises, it being acknowledged and understood by Town that the safety and security of any such property is the sole responsibility and risk of Town. CVHC shall not remove any of Town's personal property from the Premises. Town shall not remove any of CVHC's personal property from the premises, except as permitted under this License or incident to termination of this License. 14. Right of Entry. The Town shall at all times have the right to enter the Premises to inspect, improve, maintain, alter or utilize the Premises in any manner authorized to the Town and which does not unreasonably interfere with CVHC's use of the Premises. In its use of the Premises pursuant to this License, CVHC shall avoid any damage or interference with any Town installations, structures, utilities, or improvements on, under, or adjacent to the Premises. 15. Indemnity and Release. CVHC shall be solely responsible for any damages suffered by the Town or others as a result of CVHC's use and occupancy of the Premises. CVHC agrees to indemnify and hold the Town, its officers, agents, insurers, and employees harmless from and against all liability, claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of, resulting from, or in any way connected with (a) CVHC's use and occupancy of the Premises; (b) any liens or other claims made, asserted or recorded against the Premises as a result of CVHC's use or occupancy thereof; or (c) the rights and obligations of CVHC under this License. CVHC releases and agrees to hold harmless and make no claim against the Town, its officers, agents, insurers and employees for any damages which may be caused by the acts of the Town, its officers, agents, and employees, to CVHC's property or improvements located upon the Premises; however, this shall not apply with respect to negligent or wanton and willful acts of the Town. 16. Insurance. CVHC shall at its expense obtain, carry and maintain at all times during its use and occupancy of the Premises a policy of comprehensive liability insurance insuring Town and CVHC against liability arising out of or in connection with CVHC's use, occupancy or maintenance of the Premises or the condition thereof. Such insurance shall be at all times in an amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Such insurance shall name Town, its officers and employee as additional insureds. A certificate of insurance shall be completed by CVHC's insurance agent as evidence that a policy or policies providing the coverages, conditions, and minimum limits required herein are in full force and effect, and shall be subject to review and approval by Town prior to commencement of CVHC's occupancy of the Premises. The certificate shall require 30 days' notice to the Town before termination, cancellation or modification of any insurance coverage. CVHC shall not cancel, materially change, or fail to renew insurance coverages, and failure to maintain coverage shall be grounds for immediate termination of this License. The limits of such insurance shall not limit the liability of CVHC. 17. No Waiver of Immunity or Impairment of Other Obligations. The Town is relying on and does not waive or intend to waive by any provision of this License the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq., as from time to time amended, or otherwise available to the Town, its officers and employees. 18. Termination. The Town or CVHC may terminate this License at any time upon 60 days' prior written notice. Additionally, at the Town's option, it shall be deemed a breach of this License if CVHC defaults in the performance of any material term or condition of License. In the event the Town elects to declare a breach of this License, the Town shall have the right to give CVHC 15 days written notice requiring compliance with the terms and conditions of this License, or delivery of the possession of the Premises. In the event any default remains uncorrected after 15 days written notice or, if the nature of the default cannot be corrected in 15 days, and CVHC has commenced and diligently pursues correction to completion, the Town, at Town's option, may declare the License revoked and expel CVHC without liability and without prejudice to any other remedies to which the Town may be entitled. Additionally, Town in the event of default may, but shall not be obligated to, correct or remedy CVHC's default at CVHC's expense. Any such action by Town to correct or remedy a default shall not be deemed a waiver or release of default or a discharge of any liability of CVHC for the expense of correcting or remedying such default. 19. Restoration of Premises. At the termination of the License, CVHC at its sole option and expense shall remove from the Premises any items of personal property owned by CVHC. Any items of personal property not removed by the date of termination shall become the property of the Town, and CVHC shall execute and deliver to the Town, at the time of termination, a Bill of Sale for such items of personal property. 20. Notices. Any notices or communication required or permitted hereunder shall be given in writing and shall be personally delivered, or sent by facsimile transmission, e-mail or by 4 United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed as follows: 1r+1�, Town of Firestone Attn: Town Manager 151 Grant Avenue Firestone, CO 80520 Email: Wlavanchy@ci.firestone.co.us Carbon Valley Help Center Attn: 150 Buchanan Avenue Firestone, CO 80520 Email: or to such other address or the attention of such other person(s) as hereafter designated in writing by the parties. Notices given in the manner described above shall be effective, respectively, upon personal delivery, upon facsimile or email receipt, or upon mailing. 21. No Waiver. Waiver by the Town of any breach of any term of this License shall not be deemed a waiver of any subsequent breach of the same or any other term or provision thereof. 22. No Assignment. This License is personal to the parties hereto. CVHC shall not sublicense, transfer or assign any rights under this License without the prior written approval of the Town, which approval is solely at the discretion of the Town. 23. Entire Agreement. This License is the entire agreement between the Town and CVHC and may be amended only by written instrument executed by the Town and CVHC. 24. Survival. All of the terms and conditions of this License concerning release, indemnification, termination, remedies and enforcement shall survive termination of this License. 25. Authority. The undersigned representative of CVHC warrants that he or she has been duly authorized to execute this License on behalf of CVHC and has full power and authority to bind CVHC to the terms and conditions hereof. 26. No Third -Party Beneficiaries. There are no intended third -party beneficiaries to this Agreement. 26. Relationship of Parties. It is mutually agreed and understood that nothing contained in this License is intended or shall be construed as in any way establishing the relationship of co- partners or joint venturers between the parties hereto, or as construing CVHC, including its officers, agents and employees, as agents of the Town. CVHC shall remain an independent and separate entity. CVHC shall not represent it is an agent or instrumentality of the Town in any capacity. IN WITNESS WHEREOF, the parties have entered into this License effective as of the date first above written. 5 ATTEST: Rebecca Toberman, Town Clerk ATTEST: Secretary TOWN OF FIRESTONE Chad Auer, Mayor CARBON VALLEY HELP CENTER, a Colorado nonprofit corporation By:_ Title: ACKNOWLEDGEMENT STATE OF COLORADO ) )ss COUNTY OF WELD ) The above and foregoing signature of , as of Carbon Valley Help Center, a Colorado nonprofit corporation, was subscribed and sworn to before me this day of , 2012. My commission expires on: SEAL Witness my hand and official seal. Notary Public 0 RESOLUTION NO. 1 I" �,S A RESOLUTION APPROVING A PURCHASE CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN THE TOWN OF FIRESTONE AND ADVANCED FORMING TECHNOLOGY, INC. WHEREAS, the Town of Firestone desires to purchase approximately 17.01 acres of land owned by Advanced Forming Technology, Inc. which land is located adjacent to the Firestone Maintenance Facility located at 7500 Pine Cone Ave. (WCR 20) in Firestone, and legally described as Lot 3, Minor Plat Advanced Forming Technology, Town of Firestone, County of Weld, State of Colorado, containing approximately 15.97 acres; and Outlot A, Advanced Forming Technology Filing No. 1, Town of Firestone, County of Weld, State of Colorado, containing approximately 1.04 acres ("the Property"); and WHEREAS, the owner of the Property 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 the owner of the Property a total purchase price of $147,500 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 Advanced Forming Technology, Inc., 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. PASSED AND ADOPTED THIS 6 DAY OF SQ �,,pr , 2012. ES TOWN OF FIRESTONE, COLORADO TpN� TOWN m f SEAL 10 Chad Auer, Mayor ATTEST: O % Rebecca Toberman, Town Clerk PURCHASE CONTRACT TO BUY AND SELL REAL ESTATE THIS CONTRACT is made and entered into this day of , 2012, by and between the Town of Firestone, a Colorado municipal corporation, hereinafter referred to as "Town" or "Purchaser", and Advanced Forming Technology, Inc., a Colorado Corporation, hereinafter referred to as "AFT" or "Seller". NOW, THEREFORE, for and in consideration of the promises, payment, covenants, and undertakings hereinafter set forth, and other good and valuable consideration, which is hereby acknowledged and receipted for, the Purchaser and Seller agree as follows: PROPERTY AND PURCHASE PRICE 1. Purchaser hereby agrees to purchase, and Seller agrees to sell, on the terms and conditions set forth in this Contract, the following described real property and interests in real estate, hereinafter collectively referred to as the "Property", located in the County of Weld, Colorado, and situated in the north half of Section 20, T2N, R67W, 6th P.M., to wit: a. Fee simple estate in a tract of land legally described as Lot 3, Minor Plat Advanced Forming Technologyrecorded in the real property records of the Weld County Clerk and Recorder as Reception No. 2805045, Town of Firestone, County of Weld, State of Colorado, containing approximately 15.97 acres; and in a tract of land legally described as Outlot A Advanced Forming Technology Filing No. 1, A subdivision of Lot 1 recorded in the real property records of the Weld County Clerk and Recorder as Reception No. 3854078, Town of Firestone, County of Weld, State of Colorado, containing approximately 1.04 acres(with such parcels depicted on Exhibit A attached hereto and incorporated herein by reference and collectively referred to as the "Parcels"), together with all easements and other appurtenances thereto; all oil, gas, and other minerals owned by Seller and appurtenant thereto; all water and water rights, wells and well rights, springs and spring rights, and any other vested or inchoate rights and interests in surface and subsurface water (whether tributary, nontributary or not non -tributary), if any, owned by Seller and attached or appurtenant thereto, and all improvements, structures and fixtures thereon at the time of delivery of possession to Purchaser; and b. Those items of personal property on the Parcels, if any, on the date of delivery of possession, which shall be conveyed by bill of sale executed at the time of delivery of possession. 2. Within ten(10) days of Seller's execution of this Contract, Seller shall provide to Purchaser copies of allsurveys for the Property in possession of Seller's Representative. For purposes of this Contract, Seller's Representative shall be Kevin Schwindt. Purchaser may at its sole expense contract for an AL,TA engineering survey of the Property, sufficient to satisfy the requirements of the title company to delete the standard pre-printed exceptions from the Purchaser's title policy, as set forth in Paragraphs 5 and 6, below. The survey shall be certified to the Purchaser, Seller and the title company.The survey shall include the legal descriptions for the Parcels and shall 1 include a certificate of the acreage of each Parcel, as described and determined by the surveyor. The survey must be acceptable to Purchaser in its sole discretion. 3. The total purchase price of the Property shall be One Hundred Forty -Seven Thousand Five Hundred Dollars ($147,500.00), which shall be payable by Purchaser in cash, certified funds, wire transfer or Town check (if acceptable as "good funds" under Colorado law) as follows: a. Upon execution of this Contract, Five Thousand Dollars ($5,000.00) as earnest money deposit and part payment of the purchase price,to be paid by Town check made payable to Land Title Guarantee Company, Fort Collins office, 772 Whalers Way #100, Fort Collins, CO 80525, (970)282-3649 (the "Title Company"), and to be held by the Title Company in escrow and applied to the total purchase price; and b. One Hundred Forty -Two Thousand Five Hundred Dollars ($142,500.00) shall be paid by Purchaser at closing. ASSIGNMENT , 4. Seller shall not assign Seller's rights and obligations hereunder without Purchaser's prior written consent. Purchaser shall not assign its rights and obligations hereunder without Seller's prior written consent. , TITLE, EASEMENTS, AND CLOSING 5. Within ten (10) days of Seller's execution of this Contract: a. Seller shall furnish to Purchaser, at Seller's expense, a current ALTA form title insurance commitment insuring the Purchaser's ownership of a fee simple interest in the Property. The commitment shall be issued by a title insurance company which maintains an office in Weld or Larimer County and which is authorized to do business in the State of Colorado, to insure the Purchaser's ownership of the Property in an amount of $147,500.00 (or such lesser amount as the Town may require). The title insurance commitment shall be on a form acceptable to Purchaser and shall include copies of all documents identified in the schedule of exceptions. Seller shall cause a title insurance policy to be delivered to Purchaser as soon as practicable after closing. Seller shall at closing pay the premium for the title insurance policy. Purchaser shall at closing pay the costs of any tax certificates and desired endorsements. b. Seller shall furnish to Purchaser, at Seller's expense, copies of all surface and mineral ]eases in Seller's Representative's actual possession pertaining to the Property, and shall disclose in writing to Purchaser all easements, liens, licenses, or other matters not shown by the public records pertaining to the Property to the best of Seller's Representative's current actual knowledge with no duty of inquiry. 6. Title to the Property shall be merchantable in the Seller, and the title commitment and title policy shall contain no exceptions other than: a. taxes and assessment for the year of closing, which shall be adjusted and prorated to the date of closing, based on the most recent levy and assessment; and b. rights -of -way, easements, restrictions, oil and gas leases, mineral reservations, and other matters of record, acceptable to Purchaser, and those non -recorded matters shown on the survey, if any, acceptable to Purchaser; and C. any other mattersexcepted from or not covered by the title commitment, acceptable to Purchaser. Taxes for the year of closing shall be prorated to the date of closing based upon the most recent levy and assessment, and such proration shall be a final settlement. Seller shall execute an affidavit concerning mechanic's liens. Seller shall have no obligation to take any steps necessary to obtain the deletion of title commitment exceptions, including the standard pre-printed exceptions found in the title commitment, except that Seller shall reasonably cooperate with any efforts of Purchaser to delete such exceptions so long as Seller is not obligated to expend any funds to do so. Purchaser may obtain a survey, at Purchaser's expense, necessary to delete the standard exceptions; Seller shall have no obligation to obtain or pay for such a survey. 7. Purchaser shall have the right to inspect the title documents and the information provided by the Seller pursuant to Paragraph 5, and to conduct such other reviews as it deems necessary to determine the state of title to the Property. Should title not be merchantable as aforesaid, or should the title commitment include additional exceptions,or the Property be subject to additional matters affecting title which are not acceptable to Purchaser (even though such additional exceptions would not make the title unmerchantable and whether or not excepted from or not covered by the title commitment), a written notice of the defects shall be given to the Seller's Representative by the Purchaser at least thirty (30) days prior to closing and Seller or Purchaser may correct said defects prior to the date of closing, if such defects are not corrected prior to closing, the Purchaser, at its option, may complete the transaction notwithstanding the uncorrected defects or may, upon written notice to Seller, declare this Contract terminated, whereupon allEarnest Money shall be returned to Purchaser, all other things of value received hereunder shall be immediately returnedto the Parties and both Parties shall be released herefrom. 8. The date and time of closing shall be 10:00 a.m., Thursday, November 15, 2012, or such other date and time as may be set by mutual written agreement of the parties.The place of closing shall be the offices of Title Company or such other place as may be designated by mutual written agreement of the parties. 9. Purchaser and Seller shall sign and complete all customary or required documents at or before closing. Settlement sheets for the closing shall be furnished by Seller to the Purchaser at least three working days before the date set for closing, subject to Seller's receipt from the title 3 company providing such settlement sheets. Costs and fees for real estate closing and settlement services shall be paid at closing fifty percent by Seller and fifty percent by Purchaser. 10. In the event that Seller determinesto contest or to not pay any encumbrance, Purchaser, at its option, may complete the transaction notwithstanding the encumbrance or may, upon written notice to Seller, declare this Contract terminated, whereupon all Earnest Money shall be returned to Purchaser, all other things of value received hereunder shall be immediately returned to the Parties and both Parties shall be released herefrom. 11. At the time of closing and upon Purchaser's compliance with the terms and provisions of this Contract, Seller shall deliver: a. A good and sufficient special warranty deed, properly executed and acknowledged, conveying the Parcels free and clear of all liens, tenancies and encumbrances except those set forth in Paragraphs 6.a., b. and c. above; b. A good and sufficient bargain and sale deed, properly executed and acknowledged, conveying all of Seller's interests in the water rights described in Paragraph La.; C. If requested by Purchaser, a good and sufficient assignment and bill of sale in a form acceptable to Purchaser, conveying any rights in personal property as described in Paragraph Le, above; d. All instruments, certificates, affidavits, and other documents necessary to satisfy the requirements listed on Schedule B-1 of the title commitment; e. An update of the title commitment, at Seller's expense, showing title to the Property to be subject only to the permitted exceptions determined by Paragraphs 5-7, above; f. A certification that the representations and warranties of Seller pursuant to Paragraph 15 continue to be true and correct as of the date of closing; and g. Seller's closing costs and any other documents required by this Contract to be delivered by Seller to the title company or reasonably required by Purchaser or the title company in connection herewith. 12. At the time of closing and, upon Seller's compliance with the terms and provisions of this Contract, Purchaser shall deliver: a. The purchase price, except Earnest Money paid upon execution of this Contract; and b. Purchaser's closing costs and any other documents required by this Contract to be delivered by Purchaser to the title company or reasonably required by Seller or the title company in connection herewith. closing. 13. Possession of the Property shall be delivered to Purchaser on the date and time of 14. Time is of the essence hereof. Accordingly: a. If Purchaser should fail to perform according to the terms and conditions of this Contract, Seller may in writing declare this Contract terminated and retain Earnest Money held by Seller hereunder as liquidated damages. It is agreed thatthe Earnest Moneydeposited with Seller constitute liquidated damages, and Seller's sole and only remedy for Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages except that any damages for breach of Purchaser's obligations under Paragraph 17 shall be in addition to the Earnest Money deposited. b. If Seller is in default, Purchaser may elect to treat this Contract as terminated, in which case all Earnest Money shall be returned to Purchaser, all other things of value received hereunder shall be immediately returned to the Parties, and both Parties shall be released herefrom, or Purchaser may elect to treat this Contract as being in full force and effect and Purchaser shall have the right to an action for specific performance. REPRESENTATIONS AND WARRANTIES 15. Seller, Advanced Forming Technology, Inc., a Colorado Corporation, hereby represents and warrants to the Town of Firestone, Colorado, Purchaser, that as of the date of the signing of this Contract: a. Seller has received no actual notice of any litigation, claim or proceeding, pending or currently threatened, which in any manner affects the Property; b. Seller has received no actual noticeof any current, existing violations of any federal, state or local law affecting the Property; C. Seller has the full right, power and authority to transfer and convey the Property to the Purchaser as provided in this Contract and to carry out the Seller's obligations under this Contract; . d. To Seller's actual knowledge, the execution and delivery of this Contract and the performance of all of the obligations of the Seller thereunder will not result in a breach of or constitute a default under any agreement entered into by the Seller affecting the Property; C. Seller has not granted any rights of first refusal or options respecting the Property, and Seller has not entered into any leases, tenancies or rental agreements relating to the Property or any part thereof which cannot be terminated by Seller on or prior to the date of closing, except those of record; and f. Seller is not a foreign person and is an entity with its principal place of business within the State of Colorado. Therefore, withholding of Federal Income Tax and Colorado Income Tax from the amount realized will not be made by Purchaser. At closing, Seller shall deliver to Purchaser an affidavit setting forth Seller's federal tax identification number and certification that it is not a "foreign person" within the meaning of the Internal Revenue Code and an affirmation prepared in conformance with C.R.S. §39-22- 604.5, if required by the title company. 16. Seller shall at the time of closing certify in writing to the Purchaser that the above and foregoing representations and warranties in Section 15remain true and correct as of the date of closing, or the above -referenced Seller shall certify which representations and warranties no longer remain true and correct. INSPECTION 17. Purchaser and its agents, at all times during the term of this Contract, shall have access to the Property for the purpose of conducting tests, studies, and surveys thereon, including without Iimitation, environmental audits, soil and subsoil tests, and an ALTA survey and other surveys. Purchaser may have performed at its option and/or expense the following inspections: a. Soil and percolation tests; b. Inspections for asbestos, PCBs, underground tanks, or other hazardous substances; and C. Any other tests, studies, or surveys deemed necessary by Purchaser which do not materially damage the Property, including but not limited to an environmental assessment. Purchaser shall promptly provide to Seller copies of the results of all such tests, inspections, and studies obtained regarding the Property following the receipt of same by Purchaser. Purchaser shall be responsible for all claims and liability for damages, loss or expenses caused by, or any injury or death to any person or damage to property which is connected with or results from the entry upon the Property by Purchaser for the inspections permitted herein, unless caused by the sole negligence or willful and wanton act of Seller.Purchaser may at its expense obtain a Phase I environmental audit of the Property. The Phase I environmental audit must be satisfactory to the Purchaser in its sole , discretion. If the Phase I environmental audit is not satisfactory to the Purchaser, it shall at least thirty (30) days prior to closing give Seller written notice of environmental defects: The Purchaser at its option may complete the transaction notwithstanding any environmental defects or may, upon written notice to Seller, declare the Contract terminated, whereupon all Earnest Money shall be returned to the Purchaser, all other things of value received hereunder shall be immediately returned to the Parties and each Party shall be released herefrom except for the obligations set forth in this Paragraph 17. Purchaser at its expense shall restore the surface of any area disturbed by its inspection to as close as practicable to the condition that existed prior to such inspection. 2 18. In addition to all other rights and remedies of the Purchaser and the Seller as set forth and provided for in this Contract, the Seller agrees that the Purchaser shall have the right to terminate this Contract and to make the same of no further force and effect: a. If the representations and warranties of the Seller as set forth and provided for in Paragraph 15 above are not true and correct as of the date of the closing of this transaction; or b. If Purchaser determines, in its sole discretion, that the cost to manage, treat, abate, or remove any hazardous substances found on the Property is uneconomical as a result of any conditions disclosed by tests conducted hereunder; or C. If any part of the Property is condemned, or if proceedings for such condemnation are commenced or notice of condemnation is received by Seller from a condemning authority other than Purchaser prior to the date of closing on the Property; or d. if Purchaser determines in its sole discretion, and based on any inspections conducted pursuant to Paragraph 17, that there exists an unsatisfactory physical condition of the Property; or C. In the event any action whatsoever is commenced to defeat or enjoin the Purchaser's performance under this Contract, or in the event any legislative or other measure for purchase of the Property, including without limitation 'any ordinance authorizing the purchase, is not finally effective as of the date of closing. 19. If Purchaser elects to terminate the Contract pursuant to Paragraph 18, Purchaser shall provide written notice to Seller declaring this Contract terminated, whereupon all Earnest Money shall be returned to, Purchaser, all other things of value received hereunder shall be immediately returned to the Parties, and both Parties shall be released herefrom except for Purchaser's obligations under Paragraph 17, which shall survive termination of this Contract. REAL ESTATE COMMISSION 20. Neither party has engaged the services of any real estate agent or broker, and no commission is owed by either party in this transaction. Each party advises the other to seek legal and tax counsel representation for its own account, and each party shall be solely responsible for any commission or fees owed to any agent, broker or counsel retained by such party. PROPERTY TO REMAIN UNENCUMBERED 21. Seller agrees that Seller will not, so long as this Contract is in effect, encumber or burden the Property. NO DEVELOPMENT 7 22. Seller agrees that during the term of this Contract and through the date of delivery of possession of the Property to Purchaser, Seller shall not develop the Property in any manner, including without limitation, constructing any improvements or erecting any structures on the Property, entering into new leases of the mineral rights for the Property, or disturbing the surface of the Property. TAX CONSEQUENCES 23. Each party acknowledges that neither the other party, nor . any of its agents or attorneys have made any representations as to the tax treatment to be accorded to this Contract or to any proceeds thereof by the Internal Revenue Service under the Internal Revenue Code or by the tax officials of the State of Colorado under Colorado tax law. AGREEMENT TO SURVIVE CLOSING 24. The parties hereto agree that, except for such of the terms, conditions, covenants, and agreements hereof which are, by their very nature fully and completely performed upon the closing of the purchase -sale transactions herein provided for, all of the terms, conditions, representations, warranties, covenants, and agreements herein set forth and contained, shall survive the closing of any purchase -sale transaction herein provided for and shall continue after said closing to be binding upon and inure to the benefit of the parties hereto, their successors and assigns for a period of two years after closing. NOTICE 25. Whenever notice is required to be given hereunder, it shall be in writing and shall be delivered, faxed, mailed or e-mailed to the party entitled thereto, which notice, if mailed, shall be by registered or certified mail, return receipt requested. If delivered, said notice shall be effective and complete upon delivery. If faxed or e-mailed, such notice shall be effective upon facsimile or electronic transmission as evidenced by sender's valid transmission receipt. If mailed, said notice shall be effective and complete upon mailing. Until changed by notice in writing, notice shall be given as follows: 1 ' To the Purchaser: Town of Firestone Attn: Wes LaVanchy, Town Manager 151Grant Avenue Firestone, CO 80520 Fax(303)833-4863 E-mail: WLavanchy@ci.firestone.co.us To the Seller: Advanced Forming Technology Attn: Kevin Schwindt, General Manager 7040 WCR 20 Longmont, CO 80504 Fax(303)833-6464 E-mail: kschwindt@pcc-aft.com MISCELLANEOUS 26. This Contract constitutes the entire understanding between the Seller and the Purchaser with respect to the subject matter, may be amended only in writing by all parties, and are binding upon the agents, personal representatives, heirs, lessees, assigns, and all other successors in interest to the parties. s 27. If any provision of this Contract is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable. 28. This Contract shall not be recorded. 29. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. PURCHASER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. 30. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement. The parties agree that signatures obtained via facsimile transmission shall be sufficient and binding for purposes of this Agreement. 31. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. In the event of any action concerning this Agreement, the parties agree that venue shall be in the Weld County District Court. 32. To the extent this Contract obligates the Seller to make a representation, to disclose information, or to furnish documents, such obligation shall be qualified by and limited to the best of Seller's Representative's then current actual knowledge with no duty of inquiry. 33. Purchaser and Seller intend and agree that their employees, agents and representatives shall not have personal liability for any matter arising out of this Contract. 9 IN WITNESS WHEREOF, Seller and Purchaser have executed this Contract on the dates stated in their respective acknowledgements intending that this Contract be effective as of the day and year first above set forth. SELLER: ADVANCED FORMING TECHNOLOGY, INC., a Colorado Corporation By: Titl Acknowledgment STATE OF COLORADO ) )ss COUNTY OF WELD ) ' The foregoing instrument was acknowledged before me this 2012, by as Forming Technology, Inc., a Colorado Corporation. Witness my hand and official seal. My commission expires on: (SEAL) 1.0 Notary Public day of of Advanced ATTEST: Rebecca Toberman, Town Clerk PURCHASER: TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor 11 EXHIBIT A EXISTING MAINTENANCE FACILITY PINE CONE AVENUE 7�1 SCALE: 1"a500' SEPT. 2012 LOT .3 ADVANCED FORMING TECHNOLOGY MINOR PLAT (REC NO- 2805045) M97 Acm 6.19 Acres W W U) x W 1= z o OUTLOT A LEGEND t�i ADVANCED FORMING TECHNOLOGY FILING NO. 1 (REC NO. 3854078) PROPERTY FOR 1.04 Acm PURCHASE PROPERTY BOUNDARY FLRESTONE, -wcO.W.Wi maiorron.., RESOLUTION NO. l'a.- ).- A RESOLUTION ADOPTING THE TOWN OF FIRESTONE 2012 DROUGHT MANAGEMENT PLAN WHEREAS, the Board of Trustees recognizes that the wise use of the Town's water resources is in the best interest of the public health, safety, and welfare; and WHEREAS, the Town's water supply can be impacted by factors, such as weather conditions and snow pack, that are outside the control of the Town; and WHEREAS, the Board of Trustees desires to provide for the health, safety, and welfare of the Town's water customers in times of drought conditions; and WHEREAS to such end, the Board of Trustees has provided for the preparation of a Drought Management Plan by Clear Water Solutions, Inc.; and WHEREAS, the proposed Drought Management Planhas been developed in accordance with the Colorado Water Conservation Board's ("CWCB") Drought Management Plan Development Guidance Document; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Town of Firestone 2012 Drought Management Plan is herebyapproved and accepted in essentially the same form as the copy of such plan accompanying this Resolution. �-I- PASSED AND ADOPTED THIS DAY OF S� dew. / , 2012. TOWN OF FIRESTONE, COLORADO ,(-J /I—_ Chad Auer, Mayor ATTEST: NNE GO _I T A,�� Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE FIRST AMENDMENT TO SERVICE PLAN FOR COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 12- " RESOLUTION OF APPROVAL WHEREAS, by Resolution No. 04-45, adopted October 14, 2004, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado (the "Town"), approved the Service Plan for Cottonwood Hollow Commercial Metropolitan District, and the Weld County District Court ordered the organization of said District on December 2, 2004 pursuant to the requirements of the Special District Act; and WHEREAS, pursuant to the Special District Act, there has been filed with the Town a proposed First Amendment to Service Plan for Cottonwood Hollow Commercial Metropolitan 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 First Amendment to Service Plan, which hearing was held on October 10, 2012; and WHEREAS, the Board of Trustees has considered the First 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 First Amendment to Service Plan for Cottonwood Hollow Commercial Metropolitan District should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1-204.5(1)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of the Cottonwood Hollow Commercial Metropolitan District (the "District") and Del Camino East Properties, LLC, a Colorado limited liability corporation, (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed First Amendment to Service Plan for Cottonwood Hollow Commercial Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the District and Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the proposed First 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 First Amendment to Service Plan, the representations by and on behalf of the District and Developer, 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 First Amendment to Service Plan is in the best interests of the District. 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 First Amendment to Service Plan: (a) At its first meeting after the effective date of this Resolution and in no event later than December 31, 2012, the Board of Directors of the District shall execute the District indemnity letter and the District intergovernmental agreement with the Town ("IGA") in the form presented to the Town Board of Trustees at its October 10, 2012 hearing, or in forms otherwise acceptable to the Town Attorney, and shall deliver the fully executed originals of the District indemnity letters and the IGA to the Town. (b) That pursuant to the Service Plan, the District will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with the modification of the Service Plan approved herein. If any of the above -stated conditions are not met, the Town may revoke its approval of the First Amendment to Service Plan by subsequent resolution and/or pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the First Amendment to Service Plan for Cottonwood Hollow Commercial Metropolitan District, as set forth in Exhibit A to this Resolution and dated September 20, 2012, 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., and subject to the following revisions to said Amendment and supporting documentation: (a) On page 3 of the First Amendment text, delete "proposed" in lines 4 and 8; and (b) On page 4 of the Financial Plan, the column heading of "Estimated Residential Assessment Ratio" should be revised to change "Residential" to "Commercial." 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 loth day of October, 2012. �STO (S E A L) � �aw�` ATTEST: Si to AL Q rO /O Rebecca Toberman Town Clerk TOWN OF FIRESTONE, COLORADO Chad Auer Mayor EXHIBIT A FIRST AMENDMENT TO SERVICE PLAN FOR COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT IN THE TOWN OF FIRESTONE, COLORADO Submittal Date: September 20, 2012 INTRODUCTION This First Amendment to Service PIan (the "First Amendment") for Cottonwood Hollow Commercial Metropolitan District (the "District") is proposed to: A. restate and replace the following portions of Section V: the introductory paragraph, Parts a, b, c, d and i; and B. replace the original Financial Plan of the Service Plan with the Financial Plan attached hereto as Exhibit A; and C. revise the date stated in Section VI after which the Town shall have the right to require the District to dissolve. This First Amendment is submitted pursuant to §§ 32-1-201, et seq., C.R.S., as amended, (the "Special District Act"), and the requirements of the Town. The District is a quasi -municipal corporation and political subdivision of the State of Colorado. The Town of Firestone, Colorado (the "Town") approved the Service Plan for the District on October 14, 2004 (the "Service Plan") and the Weld County District Court ordered the organization of the District on December 2, 2004 pursuant to the requirements of the Special District Act. I. PURPOSE OF FIRST AMENDMENT The purpose of the First Amendment is, first, to set forth in the Service Plan that the District may exercise the power granted by § 32-1-1101.7 , C.R.S., to establish a special improvement district within the boundaries of the District, to levy special assessments and to allow for the issuance of special assessment bonds by the District. This change will not result in an increase in the previously approved debt limit. -1- Additionally, this First Amendment proposes a revised financial plan that confirms the District's ability to support the issuance of special assessment bonds and general obligation bonds. II. NEW FINANCING PLAN LANGUAGE The following language restates and replaces the introductory paragraph of Section V of the Service Plan in its entirety: "This Article V describes the nature, basis, method of funding and debt and mill levy limitations and other financial requirements and restrictions for the District's public improvements program and operations. A detailed Financial Plan is contained in Exhibit G, attached hereto and incorporated herein. Together with the Financial Plan and further described below, this Article V constitutes the financial plan for the District as required by § 32-1-202(2)(b), C.R.S. The Financial Plan includes estimated property assessment values, proposed mill levy imposition, special assessment amount, indebtedness and estimated interest rates and discounts. The Financial Plan projects the issuance of special assessment bonds after the establishment of a special improvement district, pursuant to § 32-1-1101, C.R.S. and upon the imposition of a special assessment within the special improvement district. The Financial Plan projects the issuance of the general obligation bonds and the anticipated repayment based on the development assumptions for property within the boundaries of the District. The Financial Plan demonstrates that, with the establishment of a special improvement district, with the projected level of development, and with the projected Developer support, the District has the ability to finance the facilities identified herein, and will be capable of discharging the proposed indebtedness on a reasonable basis." -2- The following language restates and replaces Part a of Section V of the Service Plan in its entirety: "a. General. The provision of improvements and facilities by the proposed District will be financed through the issuance of two types of bonds, special assessment bonds (the "Assessment Bonds"), secured by the imposition of a special assessment by the District, and general obligation bonds (the "GO Bonds"), secured by the ad valorem taxing authority of the proposed District and other District revenues, limited as discussed below (the Assessment Bonds and GO Bonds may be referred to collectively as the `Bonds"). The Financial Plan anticipates the issuance of two (2) series of Bonds; the Assessment Bonds are anticipated to be issued in 2013 and the GO Bonds are anticipated to be issued in 2017. The term for the Assessment Bonds is anticipated to be twenty (20) years; however, the term of any Bonds issued by the District shall not exceed thirty (30) years. The combined total estimated cost of the improvements is Four Million Five Hundred Ninety -Nine Thousand Two Hundred Fifty -Four Dollars and Eleven Cents ($4,599,254.11). The District has the capacity to issue Bonds in the aggregate principal amount of approximately Five Million, Two Hundred Sixty -Five Thousand Dollars ($5,265,000.00), projected to yield net bond proceeds of Four Million, Six Hundred Ten Thousand, Two Hundred Seventy -Five Dollars ($4,610,275.00) (which will be further reduced by the District's contribution of Nine Hundred Five Thousand One Hundred Eighty -Five Dollars ($905,185.00) to the Town as provided in Article V.c., below). Accordingly, it is currently anticipated that the bond proceeds will be insufficient to cover all of the costs for improvements. Any deficiency will -3- be contributed by the Developer; however, if the financing capability of the District changes and will permit repayment in the future (due to higher than anticipated assessment values, lower interest rates or any other circumstance), the District may agree to repay the Developer for unreimbursed public infrastructure costs so long as the District has the capacity to make such payments without exceeding the debt limit or Mill Levy Limit provided in this Service Plan and subject to all other requirements of Article V.h., below. Payments made to the Developer by the District are expected to be made principally from Bond proceeds and shall not exceed the amount advanced for capital costs by the Developer." The following language restates and replaces Part b of Section V of the Service Plan in its entirety: "b. Debt Issuance. The District intends to issue two (2) series of bonds, the Assessment Bonds and GO Bonds, in the aggregate principal amount of approximately Five Million, Two Hundred Sixty Five Thousand Dollars ($5,265,000.00). The aggregate principal amount of all special assessment bonds, general obligation bonds and all other forms of borrowing by the District, throughout the District's existence and regardless of subsequent payments and discharges, shall be limited to a total of Five Million, Seven Hundred Ninety -Two Thousand Dollars ($5,792,000.00) (the "Debt Limit"); except to the extent otherwise provided in Article V.g. with respect to refunding bonds and in Article V.h. with respect to construction financing notes (i.e., notes or other financial obligations, if any, issued by the District to the Developer to evidence the District's obligation to repay the Developer's advances for construction costs). The Assessment Bonds will be issued in the approximate amount of Three Million, Three Hundred Thousand Dollars ($3,300,000.00), at such time as the special improvement district has been established and the special assessment had been imposed on property located within the special improvement district. Further, the Assessment Bonds shall not be issued until there is an approved and recorded final development plan for the development served by Sable Avenue or Arbor Street. The proceeds of the Assessment Bonds will be used solely for improvements related to Sable Avenue and/or Arbor Street and will not be used for acquisition of right-of-way property. The GO Bonds will be issued in the approximate amount of One Million, Nine Hundred Sixty -Five Thousand Dollars ($1,965,000.00), at such time as one hundred ten thousand (110,000) commercial square footage (representing, together with undeveloped land in the District, a total of approximately Four Million, Six Hundred Sixty -Three Thousand, Four Hundred Sixty -One Dollars ($4,663,461.00) in assessed valuation) have received building permits and all public improvements servicing such commercial development have been completed and accepted by the Town, all of which is anticipated to occur as shown in Exhibit G. The Developer expects that sales of such GO Bonds (to financial institutions or institutional investors as further provided below) would be made on the basis that, builder activity having commenced within the District (as demonstrated by the development levels required by the immediately preceding sentence), there is a reasonable likelihood that projected future development will occur and will result in increased assessed valuation levels to support payment of such GO Bonds." -5- The following language restates and replaces Part c of Section V of the Service Plan in its entirety: "c. Required Transfers of Bond Proceeds to Town. Upon issuance of the GO Bonds, the District will pay to the Town for deposit into the Town's capital improvements fund Nine Hundred Five Thousand One Hundred Eighty -Five Dollars ($905,185.00) of the District's total net GO Bond proceeds which shall be paid to the Town concurrently with the delivery of the GO Bonds. Pursuant to an agreement to be executed between the Town and the District, the funds so paid to the Town shall be used by the Town to finance improvements (whether inside or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness (i.e., streets, street lighting, traffic safety controls, water, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District and shall be specifically identified in an amendment to the intergovernmental agreement between the Town and the District, which amendment shall be fully executed prior to the issuance of the GO Bonds. The District, the Developer and other Organizers of the District acknowledge that the foregoing provisions for allocation of GO Bond proceeds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of this Service Plan, and the Town has relied thereon in approving this Service Plan. The District shall not issue GO Bonds without including in such issuance the concurrent allocation and delivery to the Town of the funds required by this Article V.c., and such delivery of funds to the Town shall be a condition of closing for the GO Bonds. Further, the District shall not be authorized to incur any financial obligations of any kind or perform any other functions authorized under this Service Plan until the governing body of the District, upon formation thereof, has executed: (1) the intergovernmental agreement provided for in Article XIII and Exhibit N, with such amendments as the parties may mutually agree, stating its agreement to comply with the provisions of this Article V.c.; and (2) the District indemnity letter provided for in Part II of Exhibit K." The following language restates and replaces Part d of Section V of the Service Plan in its entirety: "d. Other Financial Restrictions, Limitations and Requirements. The District shall request voter authorization for such amount of special assessment debt. The District has previously received 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 special assessment debt and general obligation debt (together with construction financing notes) actually issued by the District shall not exceed the debt -7- limitation of Five Million Seven Hundred Ninety -Two Thousand Dollars ($5,792,000.00) as stated in Article V.b., above. All Bonds of the District will be sold for cash. The authorized maximum voted interest rate is fifteen percent (15%) per 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. Estimated interest rates used in Exhibit G are based on information furnished by the underwriters. In the event the Bonds are issued at an interest rate higher than the estimated rates used in Exhibit G, the principal amount of the Bonds will be reduced so as to result in total debt service payments approximately equal to those projected in Exhibit G, and so that debt service on the Bonds can be paid from the revenue sources contemplated in this Service Plan. If actual increases in District assessed valuation are less than the projected increases as shown in the Exhibit G forecasts, it is expected that the District would compensate by increasing its mill levy (subject to the Limited Mill Levy) or reducing the principal amount of the general obligation bonds issued. The Developer acknowledges and accepts the risk that, if all or a part of the general obligation bonds proposed to be issued by the District are not issued, because of changes in financial conditions or for any other reason, the Developer may not be paid or reimbursed for the cost of public improvements or other advances to the District. -8- No bonds issued by the District shall provide for acceleration as a remedy upon default, unless the District has received the prior written administrative approval of the Town, which approval may be granted only by the Town Administrator or the Board of Trustees. Except as provided below, with respect to notes issued to the Developer for construction financing, this Service Plan authorizes only the issuance of special assessment bonds and general obligation bonds and only within the above stated limits, and subject to the provisions as to the Limited Mill Levy as set forth below. The District may be authorized to issue revenue bonds, certificates, debentures or other evidences of indebtedness or to enter into lease -purchase transactions, only upon approval of an amendment to this Service Plan, and such an amendment shall be considered a material modification of the Service Plan. The District is not authorized to impose any development fees or user charges as part of this Service Plan. The District is not authorized to impose any taxes other than ad valorem property taxes as provided in this Service Plan. The District is authorized to impose a special assessment within the boundaries of the special assessment district contemplated herein. The District may be authorized to impose such fees, user charges or taxes only upon the prior written approval of the Board of Trustees. All bonds of the District shall be structured utilizing a commercial bank with trust powers as trustee to hold the bond proceeds and debt service funds and to pursue remedies on behalf of the bondholders. Any bonds issued by the District pursuant to this Service Plan shall be in compliance with all applicable legal requirements, including without limitation § 32-1- 110] (6), C.R.S., and article 59 of title 11, C.R.S., and shall be approved by nationally M recognized bond counsel. An opinion shall also be obtained from bond counsel or counsel to the District that the bonds comply with all requirements of this Service Plan." The following language restates and replaces Part i of Section V of the Service Plan in its entirety: "i. Identification of District Revenue. The special improvement district the District will establish will include all property located within the boundaries of the District, excluding rights of way, this is currently estimated to be 41.639 acres, and it is projected that the District will impose a special assessment in the amount of Seven Thousand, Seven Hundred Seventy Four Dollars and Eight Cents ($7,774.08) per acre for the term of the Assessment Bonds, which is expected to be twenty (20) years. The District shall not impose any special assessment or other assessment on any right-of-way or property owned by or to be dedicated to the Town, nor shall any such right-of-way or other property be included in any special improvement district the District will establish. Further, nothing herein shall relieve Developer or District of the requirement that right-of-way and other property conveyed or dedicated to the Town in connection with the District be free and clear of all liens, encumbrances and assessments. The District will impose a mill levy on all taxable property in the District as the primary source of revenue for repayment of general obligation debt service and for operations and administration. The mill levy imposed by the District for debt service purposes shall not exceed forty (40.000) mills and the mill levy for administration, -10- warranty maintenance and other operating expenses shall not exceed six (6.000) mills, except for Gallagher adjustments permitted under Article V.e., above. Although the mill levy imposed may vary depending on the phasing of facilities anticipated to be funded, it is estimated that a mill levy of approximately forty-six (46.000) mills will produce revenue sufficient to support debt service and administration, warranty maintenance and other operating expenses throughout the repayment period. No additional fees or user charges shall be imposed by the District." III. REVISION TO SECTION VI The last sentence of the second paragraph of Section VIII of the Service Plan is hereby amended in its entirety to read as follows: "Also, on or after December 31, 2016, if the District has not issued any of its Bonds, the Town shall have the right to require the District to dissolve in accordance with applicable law, and the District will cooperate fully with the Town to dissolve the District." IV. EFFECT OF FIRST AMENDMENT The First Amendment of Service Plan is in addition to all of the provisions of the Service Plan. Except as specifically modified herein, the Service Plan of the District remains effective. V. RESOLUTION OF APPROVAL The District incorporates the Town Board of Trustees' Resolution approving this First Amendment, including any conditions of approval. - 11 - Exhibit A Financial Plan -12- CliftortarsonAllen LLP A. www.cliftonlarsonallen com CliftonLarsonAllen Accountant's Report Board of Directors of Cottonwood Hollow Commercial Metropolitan District Weld County, Colorado We have compiled the accompanying forecasted surplus cash balances and cash receipts and disbursements of Cottonwood Hollow Commercial Metropolitan District (the "District") for the General Fund and Debt Service Fund for the years ending December 31, 2012 through 2038 (the "forecast"), in accordance with attestation standards established by the American Institute of Certified Public Accountants (the "AICPA"). A compilation is limited to presenting in the form of a forecast information that is the representation of the District's Board of Directors and does not include evaluation of the support for the assumptions underlying the forecast. We have not examined the forecast and, accordingly, do not express an opinion or any other form of assurance on the accompanying schedules or assumptions. However, we did become aware of a departure from the guidelines for presentation of a forecast established by the AICPA, which is described below. Furthermore, because events and circumstances frequently do not occur as expected, there will usually be differences between the forecasted and actual results, and those differences may be material. We have no responsibility to update this report for events and circumstances occurring after the date of this report. As discussed in Note 4, the forecast is presented on the cash basis of accounting, whereas the historical financial statements for the forecast is expected to be presented in conformity with generally accepted accounting principles on the accrual basis for government wide statements and the modified accrual basis for individual fund financial statements for all funds of the District by fund type. Guidelines for presentation of a forecast established by the AICPA require disclosure of the differences resulting from the use of a different basis of accounting in the forecast than is expected to be used in the historical financial statements for the period. Accordingly, if the AICPA presentation guidelines were followed, the titles in the forecast would indicate that the presentation reflects the following: surplus cash balances and the cash received and disbursed rather than net assets or fund balances and the revenue and expenses or expenditures that would be recognized under generally accepted accounting principals based on the accrual basis and the modified accrual basis of accounting. Greenwood Village, Colorado September 19, 2012 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT 101:7 aC6A[.YI WWI 2 RILKNM- 91 r7.11F1►rill %M113 lxet to a- C 1311 W .V.1►1171] 13 6�i1MI Igo Iota V GENERALFUND SUMMARY AS OF DECEMBER 31. 2012 AND FOR THE CALENDAR YEARS ENDING THROUGH 2O38 Cash Receipts Cash Disbursements Cash Balances Total Mill Levy Net Property Specific Ownership Developer Interest Total Administrative Disbursements Total Annual Surplus Cumulative Surplus Collection Assessed General Total Taxes Taxes Advances Income Cash $40,000 Cash Cash Cash Collection Year Value Fund at Receipts Disbursements (Deficit) Balances Year (See Page4) 98.00% 7.00% 0.25% 1.0% 2012 0 0.000 0.000 40,000 40,000 $40,000 40,000 2012 2013 0 5.000 31,000 40,400 40,400 40,400 40,400 2013 20t4 0 5.000 31.000 40,804 40,804 40,804 40,804 2014 2015 0 5.000 31.000 41,212 41,212 41,212 41 )12 2015 2016 0 5.000 31.000 4t,624 41,624 41,624 41,624 2016 2017 0 5.000 31.000 42,040 42,040 42,040 42,040 2017 2018 1,087,500 5.000 31.000 5,329 373 36,759 42,461 42,461 42,461 2018 2019 3,262,500 5.000 31.000 15,986 1,119 25,780 42,885 42,885 42,885 2019 2020 5,720,250 5.000 31.000 28,029 1,962 13,323 43,314 43,314 43,314 2020 2021 6,829,500 5.000 31.000 33,465 2,343 7,939 43,747 43,747 43,747 2021 2022 8,097,525 5.000 31.000 39,678 2,777 1,730 44,185 44,185 44,195 2022 2023 9,944,013 5,000 31,000 48,726 3,411 - - 52,137 44,627 44,627 7,510 7,510 2023 2024 10,142,893 5.000 24.000 49,700 3,479 19 53,199 45,073 45,073 9,125 15,635 2024 2025 10,142,893 5,000 24,000 49,700 3,479 39 53,218 45,524 45,524 7,694 23,329 2025 2026 10,879,217 5.000 24.000 53,308 3,732 58 57,098 45,979 45,979 11,119 34,448 2026 2027 11,423,358 5.000 24.000 55,974 3,918 86 59,978 46,439 46,439 13,539 47,987 2027 2028 12,206,830 5.000 24.000 59,813 4,187 120 64,120 46,903 46,903 17,217 65,204 2028 2029 12,658,583 5,000 24.000 62,027 4,342 163 66,532 47,372 47,372 19,160 84,364 2029 2030 12,911,754 5,000 24.000 63,268 4,429 211 67,909 47,846 47,846 20,062 104,426 2030 2031 12,911,754 5.000 24.000 63,268 4,429 261 67,958 48,324 48,324 19,634 124,060 2031 2032 13,169,990 5.000 24.000 64,533 4,517 310 69,360 48,808 48,808 20,552 144,612 2032 2033 13,169,990 5.000 24.000 64,533 4,517 362 69,412 49,296 49,296 20,116 164,728 2033 2034 13,433,389 5.000 20.000 65,824 4,608 412 70,844 49,789 49,799 21,055 185,783 2034 2035 13,433,389 5.000 20.000 65,824 4,608 464 70,896 50,287 50,287 20,609 206,392 2035 2036 13,702,057 5.000 20.000 67,140 4,700 516 72,356 50,789 50,789 21,567 227,959 2036 2037 13,702,057 5.000 20.000 67,140 4,700 570 72,410 51,297 51,297 21,113 249,072 2037 2038 1 13,976,098 1 5.000 5.000 68,493 4,794 - 623 73,900 51,810 51,810 22,090 1 271,162 2038 1,091,748 76,424 331,611 4,214 1,503,997 1,232,836 1,232,83G 271,162 This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and Accountant's Report Page 2 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT FORECAST SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS DEBT SERVICE FUND SUMMARY AS OF DECEMBER 31, 2012 AND FOR THE CALENDAR YEARS ENDING THROUGH 2O38 Cash Balances Cash Receipts Net Net Total Annual Cumulative Total Net Specific Special Interest Total Debt Service Debt Service Cash Surplus Surplus Collection Assessed Mill Property Ownership Assessment income Cash on 2013 on 2017 Disbursements Cash Cash Collection Year Value Levy Taxes Taxes Fees Per Acre at Receipts Bonds 00 Bonds (Deficit) Balances Year (See Page 4) 98.000/0 7.00% $ 7,774.08 0.25%a (See Page 5) (See Page 6) 41.64 2012 0.000 - - - - 2012 2013 26.000 323,705 - 323,705 - 323,705 323,705 2013 2014 26.000 323,705 909 324,514 199,750 199,750 124,764 448,469 2014 2015 26.000 323,705 1,121 324,826 323,900 323,800 1,026 449,495 2015 2016 26.000 323,705 1,124 324,929 323,650 323,650 1,179 450,674 2016 2017 26,000 323,705 1,127 324,932 324,050 324,050 782 451,456 2017 2018 1,087,500 26900 27,710 1,940 323,705 1,129 354,484 323,925 323,925 30,559 482,014 2018 2019 3,262,500 26.000 93,129 5,919 323,705 1,205 413,858 323,275 - 323,275 90,583 572,597 2019 2020 5,720,250 26M0 145,752 10,203 323,705 1,431 481,091 324,100 157,375 481,475 (394) 572,213 2020 2021 6,829,500 26.000 174,016 12,181 323,705 1,431 511,333 323,250 187,625 510,875 458 572,671 2021 2022 8,097,525 26,000 206,325 14,443 323,705 1,432 545,905 323,800 203,550 527,350 18,555 591,225 2022 2023 9,944,013 26.000 253,373 17,736 323,705 1,478 596,292 323,600 204,050 527,650 68,642 659,867 2023 2024 10,142,893 M000 188,961 13,220 323,705 1,650 527,436 323,650 204,175 527,825 (389) 659,479 2024 2025 10,142,893 M000 188,86J 13,220 323,705 1,649 527,435 323,875 217,925 541,900 (14,365) 645,114 2025 2026 10,879,217 19.000 202,571 14,180 323,705 1,613 542,069 324,200 222,250 546,450 (4,381) 640,733 2026 2027 11,423,358 M000 2t2,703 14,889 323,705 1,602 552,999 323,550 224,750 548,300 4,599 645,332 2027 2028 12,206,830 19.000 227,291 15,910 323,705 1,613 569,519 323,925 221,500 545,425 23,094 668,426 2028 2029 12,659,583 19.000 235,703 16,499 323,705 1,671 577,578 323,175 217,975 541,050 36,528 704,954 2029 2030 12,911,754 19.000 240,417 16,829 323,705 1,762 582,713 323,300 213,975 537,175 45,538 750,492 2030 2031 12,911,754 19.000 240,417 16,829 323,705 1,976 582,927 324,150 209,500 533,650 49,177 799,669 2031 2032 13,169,990 M000 245,225 17,166 199,786 1,999 464,176 323,575 204,750 528,325 (64,149) 735,520 2032 2033 13,169,990 19.000 245,225 17,166 1,839 264,230 323,575 204,625 528,200 (263,970) 471,550 2033 2034 13,433,389 15.000 197,471 13,823 1,179 212,473 - 203,750 203,750 81723 480,273 2034 2035 13,433,389 15.000 197,471 13,823 1,201 212,495 197,125 197,125 15,370 495,643 2035 2036 13,702,057 15.000 201,420 14,099 1,239 216,759 190,125 190,125 26,633 522,276 2036 2037 13,702,057 15.000 201,420 14,099 1,306 216,825 182,750 182,750 34,075 556,352 2037 2038 13,976,098 0.000 - - 1,391 1,391 1,391 557,743 2038 3,915,361 274,075 6,350,179 35,877 1Q575,493 6,350,175 3,667,575 10,017,750 IL 5571743 This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and Accountant's Report Page 3 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT FORECAST SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS SCHEDULE OF ESTIMATED ASSESSED VALUATION (CONTINUED) AS OF DECEMBER 31- 2012 AND FOR THE CALENDAR YEARS ENDING THROUGH 203E Commercial Annual Value Market Value of Market Value of Est. Biennial Revaluation Cumulative Market Estimated Residential TOTAL Annual Value Construction Collection Square Footage Per Market of New Vacant Personal per State Value Assessment ASSESSED Collection Year Year of Sq. Foot Value Commercial Commerical Property Statute a ofexisting Ratio VALUATION Year Commercial $75.00 Commercial Land 2.0% Commercial Inflation compounded annually at 2.0% 2010 2012 29.00% 2012 2011 2013 29.00% 2013 2012 2014 29.00% 2014 2013 2015 29.00% 2015 2014 2016 29.00% 2016 2015 2017 29.00% 2017 2016 2018 50,000 75A0 3,75D,000 3,750,000 3,750,000 29.00% 1,087,500 2018 2017 2019 100,000 75.00 7,500,000 7,500,000 - 11,250,000 29.00% 3,262,500 2019 2019 2020 110,000 75,00 8,250,000 9,250,000 225,000 19,725,000 29.00% 5,720,250 2020 2019 2021 50,000 76.50 3,825,000 3,825,000 23,550,000 29.00% 6,829,500 2021 2020 2022 50,000 78.03 3,901,500 3,901,500 471,000 27,922,500 29.00% 8,097,525 2022 2021 2023 80,000 79.59 6,367,200 6,367,20D - 34,289,700 29.00% 9,944,013 2023 2022 2024 - 81.18 - 685,794 34,975,494 29.00% 10,142,893 2024 2023 2025 82.80 - 34,975,494 29.00% 10,142,893 2025 2024 2026 21,780 84.46 1,839,539 1,839,539 699,510 37,514,543 29.00% 10,879,217 2026 2025 2027 21,780 86.15 1,876,347 1,876,347 393901190 29,00% 11,423,358 2027 2026 2028 21,780 87.87 1,913,909 1,913,809 717,81; 42:092:516 29.00% 12,206,930 2028 2027 2029 17,380 89.63 1,557,769 1,557,769 43,650,285 29.00% 12,658,583 2029 2028 2030 873,006 44,523,291 29.00% 12,911,754 2030 2029 2031 - 44,523,291 29.00% 12,911,754 2031 2030 2032 890,466 45,413,757 29.00% 13,169,990 2032 2031 2033 45413757 29.00% 13,169,990 2033 2032 2034 908,275 46:322:032 29.00% 13,433,389 2034 2033 2035 46,322,032 29.00% 13,433,399 2035 2034 2036 926,44t 47,248,473 29.00% 13,702,057 2036 2035 2037 - 47,248,473 29,00% 13,702,057 2037 2036 2038 944,969 48,193,442 29.00% 13,976,098 12038 522,720 4Q781,164 40,78I,164 0 0 7,412,278 This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and AccountanPs Report Page 4 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT FORECAST SURPLUS CAST[ BALANCES AND CASH RECEIPTS AND DISBURSEMENTS SCHEDULE of ESTIMATED SENIOR BOND DEBT SERVICE REQUIREMENTS AS OF DECEMBER 31, 2012 AND FOR THE CALENDAR YEARS ENDING THROUGH 2O38 Series 2013 Special Assessment Bonds Dated: June 1, 2013 $3,300,000 Original issue amount Issued: June 1, 2013 Interest Rate: 7,500% Principal payments due on Dec. 1. Total Reduce Debt Net 2013 2013 Service By Bonds Bonds Capitalized Debt Service Bond Principal Year Principal Coupon Interest Debt Service Interest Payments Outstanding Year - 3,300,000 2012 0 7.500% a 0 - 3,300,000 2012 2013 0 7.500% 123,750 123,750 (123,750) - 3,300,000 2013 2014 76,000 7.500% 247,500 323,500 (123,750) 199,750 3,224,000 2014 2015 82,000 7.500% 241,800 323,SW 323,800 3,142,000 2015 2016 88,000 7.500% 235,650 323,650 323,650 3,054,000 2016 2017 95,000 7.500% 229,050 324,050 324,050 2,959,000 2017 20i8 102,000 7.500% 221,925 323,925 323,925 2,857,000 2018 2019 109,000 7.500% 214,275 323,275 323,275 2,748 000 2019 2020 118,000 7500% 206,100 324,100 324,100 2,630,000 2020 2021 126,000 T500'/ 197,250 323,250 323,250 2,504,000 2021 2022 136,000 7.500°/ 187,800 323,800 323,800 2,368,000 2022 2023 146,000 7.500°/ 177,600 323,600 323,600 2,222,000 2023 2024 157,000 T500% 166,650 323,650 323,650 2,065,000 2024 2025 169,000 7.500°/ 154,975 323,875 323,875 1,896,000 2025 2026 182,000 7,sov/a 142200 324,200 324,200 1,714000 2026 2027 195,000 7.500°/ 128,550 323,550 323,550 1,519,000 2027 2028 210,000 7,5001/ 113,925 323,925 323,925 1,309,000 2029 2029 225,OW 7500% 98,175 323,175 323,175 1,094,000 2029 2030 242,000 7,500% 81,300 323,300 323,300 842,000 2030 2031 261,000 T500% 63,150 324,150 324,150 581,D00 2031 2032 280,000 7,500% 43,575 323,575 323,575 301,000 2032 2033 301,000 7.500% 22,575 323,575 323,575 - 2033 2034 0 T500% 0 0 - 2034 2035 0 7.500% 0 0 - - 2035 2036 0 7.500% 0 0 - - 2036 7037 0 7,500% 0 0 - - 2037 2038 0 7500% 0 0 - - 2038 3,300,000 3,297,675 6,597,675 (2477500) 6135 1175 USE OF PROCEEDS: Project fund 2,521,750 Capitalized Interest from bond issuance 247,500 Debt service reserve 398,750 Issuance Costs 132,000 $3,300,000 This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and Accountant's Report_ Page 5 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT FORECAST SURPLUS CASH BALANCES AND CASH RECEIPTS AND DISBURSEMENTS SCHEDULE of ESTIMATED SENIOR BOND DEBT SERVICE REQUIREMENTS AS OF DECEMBER 31, 2012 AND FOR THE CALENDAR YEARS ENDING THROUGH 2O38 Dated: December 1, 2017 $1,965,000 Original issue amount Issued: December 1, 2017 Interest Rate: 7.500% Principal payments due on Dec, I _ 2017 GO Bonds Service By Capitalized CO Bonds Debt Service Bond Principal Year Principal Coupon Interest Debt Service Interest Payments Outstanding Year 1,965,000 2012 0 7.500% 0 0 - 1,965,000 2012 2013 D 7,500% 0 0 - 1,965,000 2013 2014 0 7,500% 0 0 - 1,965,000 2014 2015 0 7,500% 0 0 - 1,965,000 2015 2016 0 7,500% 0 0 - 1,965,000 2016 2017 D 7.500% 0 0 - 1,965,000 2017 2018 0 7,500% 147,375 147,375 (147,375) - 1,965,000 2018 2019 0 7.500% 147,375 147,375 (147,375) - 1,965,000 2019 2020 I0,000 7,500% 147,375 157,375 157,375 1,955,000 2020 2021 41,000 7,500% 146,625 187,625 187,625 1,914,000 - 2021 2022 60,000 7,500% 143,550 203,550 203,550 1,854,000 2022 2023 65,000 7,500% 139,050 204,050 204,050 1,799,000 2023 2024 70,000 7500% 1 34 175 204,175 204175 1,719,000 2024 2025 89,000 7,500% 128:925 217,925 217"925 11630,000 2025 2026 100,000 7.500% 122,250 272,250 222,250 1,530,000 2026 2027 110,000 7,500% 114,750 224,750 224,750 1,420,000 2027 2029 115,000 T500% 106,500 221,500 221,500 1,305,000 2028 2029 120,000 7.500% 97,875 217875 217,875 1,195,000 2029 2030 125,000 7.500% 88,875 213:975 213,875 11060,000 2030 2031 130,000 7.500% 79,500 209,500 209,500 930,000 2031 2032 135,000 7.500% 69,750 204,750 204,750 795,000 2032 2033 145,000 7.500% 59,625 204,625 204,625 650,000 2033 2034 155,000 7,500% 48,750 203,750 203,750 495,000 2034 2035 160,000 7.500% 37,125 197,125 197,125 335,000 2035 2036 165,000 7.500% 25,125 190,125 190,125 170,000 2036 2037 170,000 7.500% 12,750 192,750 182,750 - 2037 2039 0 7.500% 0 0 - - e USE OF PROCEEDS: Project fund 686,465 Capitalized Interest from bond issuance 294,750 Payment to Town's capital improvement fund 905,185 Issuance Costs 78,600 $1,965,000 This financial information should be read only in connection with the accompanying Summary of Significant Forecast Assumptions and Accounting Policies and Accountant's Report. Page 6 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES September 19, 2012 NOTE 1- NATURE AND LIMITATION OF FORECAST This forecast of financial information is for the purpose of a financial analysis of the proposed financial plan of Cottonwood Hollow Commercial Metropolitan District (the "District"), located in the Town of Firestone (the "Town") in Weld County, Colorado. The forecast displays how the cash receipts and disbursements will occur for the District under the following assumptions and how the proposed facilities and services are currently anticipated to be provided and financed. This financial forecast presents, to the best knowledge and belief of the Board of Directors of the District (collectively, "Management"), the District's expected cash position and results of cash receipts and disbursements for the forecast period for the General Fund and Debt Service Fund. Accordingly, the forecast reflects Management's judgment, as of the date of this forecast, of the expected conditions within the District and the District's expected course of action. The assumptions disclosed herein are those that Management believes are significant to the forecast; however, they are not all-inclusive. There will usually be differences between forecasted and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. Assumptions relating to the market values of the commercial property and the build out schedule of such property are particularly sensitive as they relate to the forecast. A small variation in these assumptions could have a large effect on the forecasted results. There is a high probability that the forecasted property taxes derived from these assumptions will vary from the actual future property taxes collected by the District and those variances may be material. The forecast is expressed in terms of 2012 dollars, unless otherwise indicated, with adjustments for inflation as follows. The market values of commercial properties are forecasted to increase 2.0% annually starting in 2019. Such market values are forecasted to increase 2.0% biennially pursuant to the reassessment of property required by State statute. Administrative and maintenance costs in the General Fund are anticipated to increase 1.0% annually. Page 7 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES September 19, 2012 NOTE 2 - ORGANIZATION The District, a quasi -municipal corporation, was organized by Court Order on November 9, 2004, and is governed pursuant to provisions of the Colorado Special District Act (Title 32). The District operates under a service plan approved by the Town. The District's service area contains approximately 49.52 acres located entirely in Weld County, in the Town of Firestone. The District was established to provide financing, construction, acquisition, and installation of streets, street lighting, traffic and safety controls, water, landscaping, storm drainage, park and recreation improvements and facilities within the District's boundaries. NOTE 3 — THE DEVELOPER Currently there are two landowners within the District. Del Camino East Properties, LLC ("Del Camino East" or the "Developer") and First National Bank of Boulder ("First National Bank") are title owners of all of the land in the District. Del Camino East owns all of the land in the District except 32.223 acres defined as Tract A. First National Bank owns Tract A, of which the easterly approximately 7.28 acres is a defined Right of Way for Arbor Avenue. This Right of Way must be dedicated to the Town by decree of the Weld county court, which decree is a result of litigation filed by Del Camino East to secure the Right of Way. Del Camino East was successful in its quest to secure the Right of Way. As of this date Del Camino East and First National Bank may develop their respective properties within the guidelines of the Town and the District. The Board of Directors of the District is a duly elected body and all of the Directors are eligible electors of the District and qualified to serve on the Board of Directors of the District under the laws of the State of Colorado. The current Directors are either partners or employees of Del Camino East. Del Camino East is managed by Genesis Firestone, LLC. The creation of the District does not relieve the Developers, the landowners or any sub -divider of property within the District, or any of their respective successors or assigns, of obligations to construct public improvements for the Cottonwood Hollow commercial development, of the obligation to enter into a subdivision improvements agreement regarding such improvements, or of obligations to provide to the Town letters of credit as required by the Town to ensure the completion of such public improvements, or of any other obligations to the Town under Town ordinances, rules, regulations or policies, or under other agreements affecting the property within the District or the Cottonwood Hollow commercial development, or any other agreement between the Town and the Developer (or any such landowner, sub -divider or successors or assigns). The Developer has provided the information regarding commercial square footage to be built each year, as well as the initial sales values for the commercial properties to be developed, based upon their knowledge and experience in developing other properties. Page 8 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES September 19, 2012 NOTE 4 - BASIS OF ACCOUNTING The basis of accounting for this forecast is the cash basis, which is a basis of accounting that is different from the generally accepted accounting principles under which the District will prepare its financial statements. NOTE 5 - PROPERTY TAXES The primary source of revenue or cash receipts will be ad valorem property taxes. Property taxes are determined annually by the District's Board of Directors and are set by County Commissioners as to rate or levy based upon the assessed valuation of the property within the District. The Weld County Assessor determines the assessed valuation. The levy is expressed in terms of mills. A mill is 1/1,000 of the assessed valuation. The forecast assumes that the District will set its mill levy at 31.000 mills (as adjusted according to provisions of the State's Gallagher Amendment) for collection in 2013 for the combined purposes of general operations and debt service. The assessed valuation for the District is dependent upon the build -out schedule of the commercial property within the District. The forecasted development build -out schedule and conversion to assessed valuation is presented as a Schedule. The assessed valuation rate for commercial property is 29%. W Per the District's Service Plan, the maximum mill levy for administration and operating expenses is 6 mills, as adjusted to take into account legislative or constitutionally imposed adjustments in assessed values or the method of their calculation. The Limited Mill Levy for the purpose of debt service is 40 mills, as adjusted. No assessed valuation has been assumed for State Assessed property that may be owned by public utilities within the District. The beginning assessed value of the land in the District has been deemed to be immaterial for purposes of the forecast. The property taxes resultant from the above mill levy and assessed valuation have been reduced for the Weld County Treasurer's 1.5% fee for collection of the taxes and further reduced by 0.5% to allow for uncollectible taxes. Page 9 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES September 19, 2012 NOTE 6 - SPECIFIC OWNERSHIP TAXES Specific ownership taxes are set by the State and collected by the County Treasurer primarily on vehicle licensing within the County as a whole. The specific ownership taxes are allocated by the County Treasurer to all taxing entities within the County. The forecast assumes that the District's share will be equal to approximately 7% of the property taxes collected. Specific ownership taxes associated with the Debt Service mill levy are pledged to the debt service. NOTE 7 — SPECIAL ASSESSMENTS The District will impose a special assessment fee on the impacted properties of $7,774.08 per acre on the 41.639 acres available for commercial development in the project. The special assessment fees will be imposed for 20 years and will be pledged to the proposed 2013 Special assessment bonds. NOTE 8 — DEVELOPER ADVANCES The forecast assumes that the Developer will advance funds needed for operating and construction costs to the District. To the extent that bond proceeds are available for construction payments in any year, the Developer advance would be reduced accordingly. In addition to the extent that there are surplus cash balances that can be applied towards reducing any Developer advance without creating future cash deficits, the Developer advances will be reduced accordingly. To the extent that there is cash available to repay developer advances for operations it is the District's intent to do so. Any unpaid developer advances will be considered contributions from the Developer. The forecast does not display cash receipts for Developer advances for construction costs and bond proceeds available for construction costs nor cash disbursements for construction costs. Accordingly, the forecast assumes that any Developer advances for construction will be repaid from bond proceeds and that construction costs will be funded by Developer advances and/or bond proceeds. Any Developer advances which cannot be reimbursed will be treated as developer contributions. Under the terms of the Service Plan, the District may issue construction financing notes to the Developer and such notes may not bear interest. Page 10 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES September 19, 2012 NOTE 9 - INTEREST INCOME The forecast includes interest income on monies that are forecast to be on deposit or invested by the District at the prior year-end at an interest rate of 0.25%. NOTE 10 — ADMINISTRATIVE DISBURSEMENTS Administrative expenditures include the services necessary to maintain the District's administrative viability such as legal, accounting and audit, general engineering, insurance, banking, meeting expense, and other administrative expenses. Administrative costs have been included in the forecast at $40,000 per year in 2012 and have been increased for inflation at 1% per year NOTE 11— INFRASTRUCTURE IMPROVEMENTS The Developer estimates costs of the capital infrastructure improvements to be approximately $4.5 million, plus $905,185 to be paid to the Town's capital improvement fund, as expressed in 2012 dollars. The forecast assumes that the Developer will advance funds for all infrastructure costs and be reimbursed from bond proceeds to the extent bonds can be issued, which may be less than the total eligible costs. The $905,185 is anticipated to be paid to the Town's capital improvement fund from the 2017 General Obligation Bonds. The capital infrastructure costs per the engineering estimate exceed the amount that can be reimbursed to the Developer under this Plan. Management expects that the District will allow the Developer to: either advance funds to the District; or to actually construct the improvements under the District's supervision, for reimbursement by the District upon completion of the improvements to the extent bondable; or to contribute funds to the District, should costs exceed the District's capacity for repayment of such costs. The reimbursement of any additional costs is subject to the District's authorized indebtedness and other revenue available to the District. The amount of infrastructure costs not bondable within the limits of the proposed Service Plan would remain a responsibility of the Developer. There may be additional construction costs in the future. Page 11 COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT SUMMARY OF SIGNIFICANT FORECAST ASSUMPTIONS AND ACCOUNTING POLICIES September 19, 2012 NOTE 12 -- DEBT SERVICE 2013 Special Assessment Bonds The District anticipates issuing Special Assessment Bonds, Series 2013 ("Series 2013 Bonds") in the amount of $3,300,000 on June 1, 2013. The proceeds from the sale of the Series 2013 Bonds will be used to acquire or construct public improvements, to fund a debt service reserve, to fund a capitalized interest account, and to pay costs of issuance of the bonds. The Series 2013 Bonds are assumed to bear interest at 7.50% per annum through the final principal maturity and are payable over 20 years with the final payment due on December 1, 2033. The District will pledge the special assessment fees towards the repayment of these bonds. 2017 General Obligation Bonds The District anticipates issuing general obligation bonds, Series 2017 ("Series 2017 Bonds") in the amount of $1,965,000 on December 1, 2017. The proceeds from the sale of the Series 2017 Bonds will be used to acquire or construct public improvements, to fund a debt service reserve, to fund a capitalized interest account, and to pay costs of issuance of the bonds. The Series 2017 Bonds are assumed to bear interest at 7.50% per annum through the final principal maturity and are payable over 20 years with the final payment due on December 1, 2037. The District will pledge the required mill levy and the associated specific ownership taxes for the payment of the Series 2017 Bonds Assumptions related to debt principal amounts, interest rates, capitalized interest and the related interest earnings, issuance costs and the annual principal and interest components of debt service for the proposed Series 2013 Bonds and Series 2017 Bonds have been provided to the District by Fulton Partners Investments the proposed underwriter of the proposed bond issues of the District. Page 12 RESOLUTION NO. A RESOLUTION IN SUPPORT OF REFERRED MEASURE 3A APPEARING ON THE NOVEMBER 6, 2012 BALLOT, A MILL LEVY OVERRIDE 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 Schools have received national recognition from the U.S. Department of Education, US News & 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 have accomplished these results while the state legislature has cut per pupil funding for St. Vrain Valley Schools from $7,085 in August 2009 to $6,332 in August of 2012, a reduction of $753 per pupil or more than $20 million in the last four years; and WHEREAS St. Vrain Schools have found efficiencies to make more than $11 million in permanent budget cuts; and WHEREAS St. Vrain Schools have been forced to use reserves in order to maintain reasonable class sizes and retain teaching positions; and WHEREAS it will be impossible to maintain programs supported by the 2008 mill levy override, maintain class sizes and retain teaching positions without additional revenues; and WHEREAS St. Vrain communities have the responsibility to decide whether St. Vrain Schools should maintain programs supported by the 2008 mill levy override, maintain class sizes and retain teaching positions; and WHEREAS St. Vrain communities will have the opportunity to express their preference for St. Vrain Valley Schools when considering Referred Measure 3A, a general operating mill levy override of $14.8 million earmarked for recruiting and retaining highly qualified teachers and staff; maintaining class sizes; protecting pre-school and full -day kindergarten programs, and continued investments in instructional technology and rigorous programming; 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 2012 St. Vrain Valley School District mill levy override ballot measure and urges St. Vrain voters to vote "yes" on Ballot Issue 3A at the November 6, 2012 election. PASSED AND ADOPTED BY A VOTE OF 5 TO Q THIS 10' DAY OF OCTOBER, 2012. TOWN OF FIRESTONE, COLORADO (REST �f TQwN � Chad Auer, Mayor p ��'�, #O ti OG T?'..CO � ATTEST QlAt'�J-t TA,, Rebecca Toberman, Town Clerk RESOLUTION NO. a _-19 A RESOLUTION APPROVING A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE CARBON VALLEY PARK AND RECREATION DISTRICT WHEREAS, the Town of Firestone ("Town") and the Carbon Valley Park and Recreation District ("District") previously entered into that certain Intergovernmental Agreement dated March 11, 2010 ("IGA"), which IGA sets forth certain general understandings of the Parties regarding their relationship and their provision of recreation facilities and services to residents within the Town and the District, and which IGA also sets forth the Parties' specific responsibilities concerning the use, management, operation and maintenance of certain Town - owned parks that are jointly used for recreation services; and WHEREAS, the IGA is set to expire by its terms on December 31, 2012; and WHEREAS, an amendment has been proposed to extend the term of the IGA for an additional year, and the Board of Trustees by this Resolution desires to approve the 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 First Amendment to Intergovernmental Agreement ("Amendment") between the Town of Firestone and the Carbon Valley Park and Recreation District to extend the existing IGA for an additional year is hereby approved in essentially the same form as the copy of such Amendment accompanying this resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Amendment and the Mayor is further authorized to negotiate and approve on behalf of the Town such revisions to the Amendment as the Mayor and Town Manager determine are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Amendment are not altered. INTRODUCED, READ, and ADOPTED this � day of Or- �� , 2012. STO/yTOW10SEAL I10 (<)CN O� ATTEST: 0JJJV GO t T Rebecca Toberman Town Clerk TOWN OF FIRESTONE, COLORADO co k%-� Chad Auer Mayor First Amendment to Intergovernmental Agreement This First Amendment to Intergovernmental Agreement ("Agreement") is made and entered into by and between the Town of Firestone, Colorado, a municipal corporation ("Town") and the Carbon Valley Park and Recreation District, a Colorado special district ("District"). The Town and the District are collectively referred to as the "Parties." Recitals A. The Parties previously entered into that certain Intergovernmental Agreement dated March 11, 2010 ("IGA"), which IGA sets forth certain general understandings of the Parties regarding their relationship and their provision of recreation facilities and services to residents within the Town and the District, and which IGA also sets forth the Parties' specific responsibilities concerning the use, management, operation and maintenance of certain Town - owned parks that are jointly used for recreation services. B. The IGA is set to expire by its terms on December 31, 2012. C. The Parties desire to enter into this First Amendment to IGA to extend the term of the IGA for an additional year. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the IGA, the Town and the District agree as follows: 1. The foregoing recitals are incorporated herein and made a part hereof. 2. Section 4.7 of the IGA is hereby amended to add an entry for 2013 maintenance costs, so that said Section reads in full as follows (new language is in bold underline): 4.7. Field Maintenance. The Town shall provide for general field maintenance for the Parks, to include mowing, watering, fertilization, and provision of necessary utilities, and will complete field preparation at Hart Park, Settlers Park and the Firestone Sports Complex prior to all regularly scheduled District baseball, softball, and T-ball games. The District shall annually pay to the Town the following amounts for such maintenance of the active sports field areas of the Parks identified in Subsection 4.1 and the field preparation described above: 2010: $10,000 2011: $12,000 2012: $12,000 2013: $12,000 The District shall pay in full the amount due for each year by no later than October 1 of such year. If payments are not made when due, the Town may deny the District use of the Parks until such time as payment is received. 1 2. Section 5.0 of the IGA is hereby amended to strike "December 31, 2012" and insert "December 31, 2013" in place thereof. 3. The IGA, as herein amended, shall remain in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed on the dates set forth adjacent their respective signatures below. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor Approved by the Board of Trustees of the Town of Firestone the day of , 2012 ATTEST: Rebecca Toberman, Town Clerk CARBON VALLEY PARK AND RECREATION DISTRICT RON ATTEST: Lori Trejo, Secretary Anthony Onorato, Jr., President Approved by the Board of Directors of the Carbon Valley Park and Recreation District the day of , 2012 2 RESOLUTION NO.1L• 30 A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND WELD COUNTY SCHOOL DISTRICT REA CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES WHEREAS, the Town of Firestone ("Town") and Weld County School District RE-1 ("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 24-20-104 and 31-23-214, C.R.S., 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 of the Town into areas included within the boundaries of the District, as well as growth in residential land development and the construction of new residential dwellings in the Town, necessitates that the Town and District cooperate in establishing 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 Weld County School District RE-1, a copy of which accompanies this Resolution ("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. Attest: INTRODUCED, READ, and ADOPTED this day of �- b 2012. y Oc o e r F�Esro� rows m i SLR, 1 0 Rebecca Toberman Town Clerk TOWN OF FIRESTONE, COLORADO W ti Chad Auer Mayor 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD COUNTY SCHOOL DISTRICT RE-1 CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES 1. PARTIES. The parties to this Intergovernmental Agreement Concerning Fair Contributions For Public School Sites ("IGA" or "Intergovernmental Agreement") are: THE TOWN OF FIRESTONE, a Colorado municipal corporation, ("Town"), and WELD COUNTY SCHOOL DISTRICT RE-1, a political subdivision of the State of Colorado, ("District"). 2. RECITALS AND PURPOSES. The Town's municipal boundaries lie within the boundaries of the District, and the Town's resident children attend the District's schools. Pursuant to Section 22- 54-102(3)(a), C.R.S., the parties 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. 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. The Town is further authorized by Sections 29-20-104 and 31-23-214, C.R.S., to adopt regulations governing the subdivision of lands within its jurisdiction on the basis of the impact thereof to the community and which may establish differing requirements applicable to subdivisions of varying sizes, densities or types of dwelling units. The parties agree that it is in the best interests of the citizens of the Town (who are also citizens of the District) to mutually enter into a cooperative agreement to adequately provide for Fair Contribution for Public School Sites within the Town. The purpose of this IGA is to set forth the terms, conditions, rights and obligations of each party with respect to the planning, collection, and use of Fair Contribution for Public School Sites. Accordingly, the parties covenant and agree to the following. 3. TERM. This Intergovernmental Agreement shall commence upon the Effective Date and continue thereafter for a period of ten (10) years thereafter, unless sooner terminated. Either party may terminate this Intergovernmental Agreement at any time with or without cause, upon one year's written notice to the other party. For purposes of this Intergovernmental Agreement, the term "Effective Date" shall mean the date when it is approved by both the respective party's governing bodies or authorized officers. 4. BEST INTERESTS OF TOWN AND RESIDENTS. The parties acknowledge and agree that continued growth in residential land development necessitates the acquisition of additional public school sites and/or the enlargement or the new construction of school facilities to accommodate the corresponding increases in the student population resulting from such growth. Requiring land dedications or conveyances for public school sites, or payments in lieu of such land dedications/conveyances, (herein collectively' referred to as "Fair Contribution for Public School Sites") will provide a portion of the land/facilities to meet such demands. The Town agrees that imposing such Fair Contribution for Public School Sites is in the best interests of the health, safety, and welfare of the Town and its residents as contemplated by the Town's Subdivision Ordinance and Development Regulations. 5. SCHOOL SITE COORDINATION AND DEVELOPMENT REFERRALS. 5.1 The District agrees to locate future public school sites in conformity with the adopted plan of the community, insofar as is feasible, and to consult with and advise the Town in writing in advance of public school sites acquisition and site development. 5.2 The Town shall refer to the District all annexation petitions and subdivision applications (including major and minor subdivisions and plat amendments) that require a public hearing before the Planning Commission and/or the Board of Trustees proposed within or affecting the District attendance area (herein, "Residential Land Development Applications") for the District's review and comment concerning the adequacy of public school sites and facilities. The Town will consider the District's comments in conjunction with the review and processing of each Residential Land Development Application, and will implement land dedication for public school sites or payments in lieu of land dedication for public school sites consistent with this Intergovernmental Agreement and the municipal code and regulations then in effect. If a non -Residential Land Development Application is filed with the Town that may, in the opinion of the Town, have influence or effect on property owned by or activities of the District, the Town shall also refer information pertaining to that application to the District for review and comment. The District agrees to promptly review the referred development application and promptly submit its comments, recommendations, and requests to the Town by the deadline stated in any cover letter or referral letter accompanying the application from the Town to the District. Failure to timely respond may be deemed by the Town as a response from the District of "no comment" concerning the referred application. 6. METHODOLOGY. 6.1 Contemporaneous with the Effective Date and the effective date of the amendment to the Town subdivision regulations and requirements requiring Fair Contribution for Public School Sites, if such amendment is deemed necessary by the Town, the Town agrees to enforce such amendment as a precondition to the lawfully authorized construction of new residential dwelling units not otherwise exempted under Section 9 below. The District has adopted a methodology ("Methodology"), to determine Fair Contribution for Public School sites for two categories of dwelling units. The Parties agree the Methodology, attached and incorporated herein as EXHIBIT A, has been developed in a manner so as to fairly apportion the cost of acquiring public school sites made necessary by new residential development. 6.2 As part of the Methodology, the District has adopted planning standards related to facility enrollment capacities, public school site acreage requirements, and student yields for each of two types of residential dwellings (single family homes and multi -family units). The Town and District agree that the Methodology is reasonable and the approved then -current Methodology shall apply to new residential construction within the Town. The Methodology shall be the basis for computing Fair Contribution for Public School Sites for new residential construction. The Town and District agree that the Methodology adopted by the District shall be periodically reviewed and revised to reflect the current standards and conditions within the District. 6.3 Unless and until modified by the District, the Methodology and its supplementary background materials shall include, but shall not be limited to, the following factors; a. School planning standards which establish the student yields and technical and educational specifications for facilities for each category of school facility 7 (elementary, middle, and high school levels), consistent with the policy of the Board of Education of the District; b. The capacity demand of each category of school facility resulting from each category of residential dwelling (single family and multi -family units); C. The means for determining the per acre fair market value of land for each type of residential dwelling; and d. The procedure for calculating Fair Contribution for Public School Sites required and applicable to each type of residential dwelling. 6.4 The Methodology shall be updated periodically as conditions warrant by the District. A copy of the updated Methodology shall be furnished to the Town within 30 days after its adoption by the District_ The Town shall hold a public hearing before revising the Methodology. 6.5 It is the intent of the parties that the Methodology and any amendment thereto, and application of the Methodology pursuant to Section 7 below, shall be in conformity with the requirements of Section 29-20-203, C.R.S. 7. FAIR CONTRIBUTION FOR PUBLIC SCHOOL SITES. 7.1 As Fair Contribution for Public School Sites, any person or entity, as a condition of approval of the person or entity's applicable Residential Land Development Application shall be required to dedicate or convey land for a public school site to the District, or in the event the dedication of land is not deemed feasible or in the best interests of the District as determined by the Superintendent or designee, the District may require a payment in lieu of land dedication or conveyance to the District. The manner and amount of either type of Fair Contribution for Public School Sites shall be as stated in this Intergovernmental Agreement and the incorporated Methodology. This shall not preclude the District and any person or entity from mutually agreeing to resolve the issue of Fair Contribution for Public School Sites in a manner other than as stated above. 7.2 If the Fair Contribution for Public School Sites includes the dedication of land, according to Section 7.1 above, the Town agrees before recording of the final plat to require proof that the dedication has been made to the District in accordance with the following requirements: a. The person or entity has conveyed to the District by general warranty deed, title to the land slated for dedication, which title is to be free and clear of all liens, encumbrances, and exceptions (except those approved in writing by the District), including, without limitation, real property taxes, which will be prorated to the date of conveyance or dedication. b, The Town shall require that the person or entity provide all environmental site assessments and hazardous waste studies to the District for review of the suitability of the site. C. At the time of dedication or conveyance, the person or entity shall provide a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property. At the appropriate time, not later than the issuance of the 3 first building permit for the Residential Land Development Application, the person or entity shall also pay or provide for the payment of its proportionate share of the street development costs for the streets adjacent to the dedicated land, and shall either provide or pay or make provision for the payment of the costs associated with making improvements for water, sewer, and all other utilities stubbed to the site, make the necessary water dedication pursuant to, as applicable, the Methodology, Town annexation/subdivision regulations and agreements, and provide over -lot grading of the dedicated land. d. In addition to any lands dedicated or conveyed, the person or entity shall provide to the District an option to purchase abutting lands identified as a school site at their fair market value so that the dedicated or conveyed and purchased lands together form a contiguous parcel which meets the school district's land area requirements. e. The District shall at no expense to the Town maintain all lands dedicated to the District, including without limitation mowing, substantially in conformance with Town regulations. The District and the Town may by separate joint use agreement mutually agree to allow for the development and use of the school site for park or recreational uses by the Town until plans are commencing for construction of a school. f. The District shall utilize the lands dedicated or conveyed solely as a site for a school. If at such time the District determines that a school is no longer necessary at the particular site and determines to sell the land, the District shall offer a ninety (90) day first right of refusal to the Town to purchase the parcel at the per acre price of a bona fide offer or the amount established in the then -current and adopted Methodology demonstrated in Exhibit A, whichever is higher. If the Town irrevocably commits to the purchase subject only to financing, the District shall allow the Town a multi fiscal year time -period for payment for the school site, if requested by the Town, not to exceed two (2) years from the date of the District's first offer of the right of first refusal. Any sale to the Town shall include the water dedicated for or attached to the land unless by agreement of both parties the water shall be retained by the District, in which case the value of the land shall be reduced accordingly. 7.3 The Town agrees that before issuing a building permit for any residential dwelling unit not otherwise exempted under Section 9 below, it will require proof that the Fair Contribution for Public School Sites, according to Section 7.1. above, has been received by the School District. The Superintendent of the School District, or the Superintendent's designee, shall provide such proof in a timely manner to the Town Manager of the Town, or the Town Manager's designee. 7.4 Nothing contained in this Intergovernmental Agreement shall preclude the District from commenting to the Town upon the adequacy of public school sites or facilities, necessary in its judgment, to serve the proposed Residential Land Development Application. 8. USE OF FAIR CONTRIBUTION FUNDS FOR PUBLIC SCHOOL SITES. B.1 The District shall hold or deposit in trust for public school sites all funds it has received as Fair Contribution for Public School Sites, and all funds it may receive from the sale of land dedicated or conveyed as Fair Contribution for Public School Sites, The District shall meet all requirements of Section 29-1-801 to 803, C.R.S., if applicable. The District 4 shall be solely responsible for each Fair Contribution for Public School Sites it receives. No Fair Contribution for Public School Sites shall constitute revenue of the Town under the provisions of Article X, Section 20 of the Colorado Constitution, and such dedications, conveyances, or payments shall be deemed exempt from the Towns calculation of fiscal year spending under Article X, Section 20(2)(e) of the Colorado Constitution. 8.2 The District shall use all funds it receives as Fair Contribution for Public School Sites solely for acquisition, development, or expansion of public school sites or for capital facilities planning, site acquisition, or school site capital outlay purposes within the senior high school feeder attendance area boundaries that include the residential dwelling units for which the Fair Contribution for Public School Sites was paid, subject to the following additional limitations: the use of funds is further restricted for future elementary school acquisitions and development of school sites within the Firestone Comprehensive Plan Area. Funds may be used for site expansions in other areas for middle and high schools only if they would directly benefit Firestone students and are in the high school feeder system for Firestone. If Firestone develops to the point of requiring a high school within Firestone Town limits, the use of secondary school feeder funds would then be limited to this new Firestone community high school feeder. Subject to the limitations in this Intergovernmental Agreement, the time for, nature, method, and extent of each public school site planning, acquisition, or development shall be within the sole discretion of the District. 8.3 Except as otherwise provided in this Intergovernmental Agreement, any funds received as Fair Contribution for Public School Sites the District has not used for acquisition or development of public school sites within fifteen years of collection it shall tender for refund, with interest earned and credited according to Section 29-1-801 to 803, C.R.S., to the person or entity who made the Fair Contribution for Public School Sites. This does not pertain to the dedication of land. The District shall give written notice by first-class mail to the person who made the Fair Contribution for Public School Sites at his or her address as reflected in the records maintained by the District. If the person does not file a written claim for refund of the funds within the District within 90 days of the mailing of such notice, the Fair Contribution for Public School Sites refund shall be forfeited and revert to the District to be utilized for capital facilities or improvements that will benefit the residence for which Fair Contribution for Public School Sites funds were paid. 8.4 The District may request the Town to extend the fifteen -year period of time specified in the previous subsection. Such request shall be made at the public hearing before the Town, which may for good cause shown, and in its discretion, extend such period of time as the Town deems reasonable and necessary. 9. EXEMPTIONS FROM FAIR CONTRIBUTION FOR PUBLIC SCHOOL SITES. 9.1 The following uses within the Town's boundaries shall be excepted from Fair Contribution for Public School Sites: a. Construction of any non-residential building or structure; b. Alteration, replacement with a comparable building or structure, or expansion of any legally existing building or structure provided such alterations, replacement, or expansion does not increase the number of residential dwelling units; C. Construction of any building or structure for limited term stay or for long term assisted living, including, but not limited to bed and breakfast establishments, 5 boarding or rooming houses, family -care homes, group -care homes, halfway houses, hotels, motels, nursing homes, or hospices; d. Construction of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act then in effect; or e. Construction of any residential building or structure owned by any housing authority of the Town. 9.2 The Town may request, and the District, in its sole discretion, may grant, an exemption from the Fair Contribution for Public School Sites for a dwelling unit or dwelling units where the Town demonstrates to the District that good cause exists to Justify an exemption. For purposes of this Intergovernmental Agreement, °good cause" shall include, but not be limited to, a showing by the Town that a unit or units will significantly or substantially advance one or more legislatively established planning policies of the Town and that the wavier or exemption will directly assist the Town in achieving the policy or policies. 10. ANNUAL REPORT, ACCOUNTING, AND AUDIT. 10.1 The District shall submit an annual report on or before March 31 of each year to the Town describing the District's use of the Fair Contribution for Public School Sites funds during the preceding fiscal. year. This report shall also include: a. A review of the assumptions and date upon which the Methodology is based, including student generation ratios, and attendance area boundaries; b. Statutory changes or changes in the Methodology, including the School Planning Standards, and in District policies related to acquisition or construction of school sites and facilities; and G. Any recommended modifications to Fair Contribution for Public School Sites land areas or amounts included in the Methodology. 10.2 After receipt of the report, the Town shall review it, considering those matters listed in the previous subsection, and complete its review within 90 days of receipt. 10.3 The District shall establish and maintain a separate accounting system to ensure that all Fair Contribution for Public School Sites funds are used according to this Intergovernmental Agreement. 10.4 The District shall cause an audit to be performed annually of the Fair Contribution for Public School Sites funds it receives, uses, or expends under this Intergovernmental Agreement. The audit shall be conducted according to the generally accepted accounting principles for governmental entities. A copy of said audit shall be furnished to the Town. The cost of the audit shall be paid for by the District. 10.5 At any time the Town deems necessary, the District shall honor the Town's request for an accounting from the Superintendent, or designee, of the District concerning the District's use of the Fair Contribution for Public School Sites no more than three times a year. 11. NOTICES. Any notice required by this Intergovernmental Agreement shall be in writing. If such notice is hand delivered or personally served, it shall be effective immediately upon such 0 delivery or service. If given by mail, it shall be certified with return receipt requested and addressed to the following addresses: Town of Firestone Attention: Town Manager 151 Grant Avenue P.O Box 100 Firestone, CO 80520 Weld County School District RE-1 Att'n: Superintendent 14827 W.C.R. 42 P.O. Box 157 Gilcrest, CO 80623 Notice given by mail shall be effective upon mailing. 12. INDEMNIFICATION. The parties agree to cooperate in the defense of any claim or civil action that may be brought contesting the validity or application of this Intergovernmental Agreement or the implementing ordinances. The District shall be responsible for its attorneys' fees and for the Town's reasonable attorneys' fees and costs and, to the extent allowed by law, for payment of any final monetary judgment and any fees and costs entered or awarded against the Town, regarding any claim or civil action that may be brought contesting the validity of the' Methodology, this Intergovernmental Agreement, or the imposition of a Fair Contribution for Public School Sites pursuant to same, or based on any action or failure to act of the District or any of its employees. Upon receipt by the Town of any claim, or commencement of a civil action against the Town, the Town shall give the District prompt written notice thereof following which the parties agree to consult with each other regarding the claim and/or defense of the action. Nothing contained in this Intergovernmental Agreement shall constitute any waiver for the Town or the District of the provisions of the Colorado Governmental Immunity Act or other applicable immunity defense. This provision shall survive expiration and termination of the Intergovernmental Agreement, and be enforceable until all claims are precluded by statutes of limitation. 13. NO THIRD PARTY BENEFICIARIES. None of the terms, conditions, or covenants in this Intergovernmental Agreement shall give or allow any claim, benefit, or right of action by any third person not a party hereto. Any person other than the Town or the District receiving services or benefits under this Intergovernmental Agreement shall be only an incidental beneficiary, 14. FINANCIAL OBLIGATIONS. This Intergovernmental Agreement shall not be deemed a pledge of the credit of the Town or the District, or a collection or payment guarantee by the Town to the District. Nothing in this Intergovernmental Agreement shall be construed to create a multiple -fiscal year director indirect municipal debtor municipal financial obligation. i5. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Intergovernmental Agreement. 16. COUNTERPARTS. This Intergovernmental Agreement may be executed in several counterparts and, as so executed, shall constitute one Intergovernmental Agreement, binding on all the parties even though all the parties have not signed the same counterpart. Any counterpart of this Intergovernmental Agreement which has attached to it separate signature pages, which 7 altogether contain the signatures of all the parties, shall be deemed a fully executed instrument for all purposes. 17. INTEGRATION AND AMENDMENT. This Intergovernmental Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Intergovernmental Agreement may be amended only by an instrument in writing signed by the parties. 18. EXHIBITS. All exhibits referred to in this Intergovernmental Agreement are, by reference, incorporated in this Intergovernmental Agreement for all purposes. 19. SEVERABILITY. If any provision of this Intergovernmental Agreement is declared by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Intergovernmental Agreement shall remain fully enforceable, and this Intergovernmental Agreement shall be interpreted in all respects as if such provision were omitted. 20. WAIVER OF BREACH. The waiver by any party to this Intergovernmental Agreement of a breach of any term or provision of this Intergovernmental Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 21. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Intergovernmental Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Weld County. 22. EFFECTIVE DATE; , 2012 TOWN OF FIRESTONE By: Mayor ATTEST: Town Clerk WELD COUNTY SCHOOL DISTRICT RE-1 By: President of the Board of Education ATTEST: Secretary to the Board of Education File: FEE-E-1 EXHIBIT A Methodology for Calculating Land Dedication Requirements And In -Lieu Payments Based on the School District Planning Standards contained in Exhibit B, calculation of land dedication or in -lieu fees used the following procedures: Yield Site Current Acres of Acres of Developed Cash in Lieu Requirement Capacity Land Per Land Per Land Value Per Unit Acres Requirement Student Unit Per Acre* SINGLE FAMILY Elementary 0.400 12 485 0.02474 0.00990 $30,000.00 $297.00 P-5 Middle 0.200 25 320 0.07813 0.01563 $30,000.00 $468.90 School 6-8 High 0.200 50 1040 0.04808 0.00962 $30,000.00 $288.60 School 9-12 Total 0.800 87 0.15094 0.03514 $1,054.20 District MULTI- FAMILY UNIT Elementary 0.100 12 485 0.02474 0.00247 $30,000,00 $74.10 P-5 Middle 0.060 25 320 0.07813 0.00469 $30,000.00 $140.70 School 6-8 High 0.040 50 1040 0.04806 0.00192 $30,000.00 $56.60 School 9-12 Total 0.200 87 0.00908 $272.40 District Weld County School District RE-1, Gilcrest, Colorado 1 of 1 File: FEE-E-2 EXHIBIT B School District Planning Standards Student Yields Single Family Multi -Family Elementary .400 .100 Middle School .200 .060 High School .200 .040 Total .800 .200 Capacity Elementary 485.00 Middle School 320.00 High School 1040.00 Site Requirement Elementary 12 acres Middle School 25 acres High School 50 acres Developed Land Value* $30,000.00 Weld County School District RE -I, Gilcrest, Colorado l of l File: FEE-R SITE ACQUISITION For the purpose of implementing the Board's site acquisition policy and of reviewing, maintaining and updating the necessary information for the policy, the administration will undertake the following: The administration will maintain pupil yield ratio information and will calculate the pupil yield ratios for elementary school, middle school and high school levels in existing neighborhoods and will re-examine these ratios annually. The administration also will evaluate demographic and development trends to determine the best locations for new schools. 2. The administration will maintain school site size standards. The following standards represent the minimum acreage required for a school site: Elementary 12 acres Middle 25 acres High 50 acres 3. The administration will maintain facility size standards which reflect instructional goals of the district. Current standards are: Elementary 485 students Middle 320 students High 1040 students 4. The administration will maintain information about land being considered for residential development. 5. The administration will gather information about potential school site locations. Without limiting the factors to be considered, the decision concerning the location of the school site will take into account topography, ground water, soil and drainage concerns, costs of utility extension, transportation, safety, consideration of natural and man-made hazards, utilization of the land, proximity to other attendance areas, school sites designated on comprehensive plans, and adjacent land use. Adopted: December 13, 2000 Weld County School District RE-1, Gilcrest, Colorado 1 of 1 RESOLUTION NO. 11- 3 1 A RESOLUTION APPROVING A COOPERATION AGREEMENT AMONG THE FIRESTONE URBAN RENEWAL AUTHORITY, THE TOWN OF FIRESTONE, AND THE FREDERICK- FIRESTONE FIRE PROTECTION DISTRICT, NORTHERN FIRESTONE URBAN RENEWAL PLAN WHEREAS, the Town of Firestone ("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 Firestone Urban Renewal Authority ("FURA") is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. ("Act"); and WHEREAS, the Frederick -Firestone Fire Protection District ("District") is a quasi - municipal corporation and political subdivision of the State of Colorado, duly organized and existing as a fire protection district under the constitution and the laws of the State of Colorado to provide fire suppression, fire prevention, related investigatory activities, rescue, hazardous materials services, emergency medical services, and enforcement and administration of the fire code adopted by the Town (collectively, "Fire Services"); and WHEREAS, pursuant to the Act, the Board of Trustees will be considering the Urban Renewal Plan for the Northern Firestone Urban Renewal Area ("the Plan") to carry out the urban renewal project ("Urban Renewal Project") described in the Plan for the area described therein ("Urban Renewal Area"); and WHEREAS, the Act includes and the Plan contains a provision authorizing the financing of the Urban Renewal Project utilizing property tax increment financing as further provided in the Plan and as authorized by Section 31-25-107(9) of the Act; and WHEREAS, the District is cooperating with the Town and FURA to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area; and WHEREAS, the District, Town and FURA desire to enter into an agreement for the transfer to the District of property tax revenues that FURA receives from the District levy on taxable property in the Urban Renewal Area in order to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area, and to help ensure that the District is able to continue to provide Fire Services within the Urban Renewal Area; and WHEREAS, an agreement has been proposed for such purpose and the parties are authorized to enter into such an agreement pursuant to Iaw, including without limitation C.R.S. § 31-25-112; and 1 WHEREAS, the Board of Trustees has determined that it is in its best interest to enter into such an agreement with the District and FURA, and by this resolution desires to approve the agreement and authorize its execution; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Cooperation Agreement Among the Firestone Urban Renewal Authority, the Town of Firestone, and the Frederick -Firestone Fire Protection District, Northern Firestone Urban Renewal Plan ("Agreement"), a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. Section 2. The Mayor is hereby authorized to execute the Agreement effective as of the date of approval of the Plan, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this day of b cho e r 2012. TOWN OF FIRESTONE, COLORADO ESTO,y� sf �owr mS SIFAL )0 Chad Auer Mayor ATTEST: �GCi1VTY GG\, 1 T Rebecca Toberman Town Clerk F� COOPERATION AGREEMENT AMONG THE FIRESTONE URBAN RENEWAL AUTHORITY, THE TOWN OF FIRESTONE AND THE FREDERICK FIRESTONE FIRE PROTECTION DISTRICT NORTHERN FIRESTONE URBAN RENEWAL PLAN THIS COOPERATION AGREEMENT ("Agreement") is made and executed effective the day of , 2012, by and between the FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT, the TOWN OF FIRESTONE, COLORADO, and the FIRESTONE URBAN RENEWAL AUTHORITY, referred to collectively as the "parties" or individually as a "party" WITNESSETH: WHEREAS, the Frederick -Firestone Fire Protection District ("District") is a quasi - municipal corporation and political subdivision of the State of Colorado, duly organized and existing as a fire protection district under the constitution and the laws of the State of Colorado to provide fire suppression, fire prevention, related investigatory activities, rescue, hazardous materials services, emergency medical services, and enforcement and administration of the fire code adopted by the Town (collectively, "Fire Services"); and WHEREAS, the Town of Firestone ("Firestone") 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 Firestone Urban Renewal Authority ("FURA") is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part 1 of .Article 25 of Title 31, C.R.S. ("Act"); and WHEREAS, on ; 2012, the Firestone Board of Trustees adopted its Resolution 12- approving the Urban Renewal Plan for the Northern Firestone Urban Renewal Area ("Plan"), which details the inclusion of the parcels described in the Plan for the purposes authorized in the Act, including utilizing tax increment financing ("TIF Financing"), as contemplated by C.R.S. § 31-25-107(9)(a), for the purposes authorized by the Urban Renewal Law; and WHEREAS, TIF Financing provides that taxes, if any, levied after the effective date of the approval of the Plan upon taxable property in the area described in the Plan ("Urban Renewal Area") each year shall be divided for a period not to exceed twenty-five (25) years from the effective date of the Plan and that a portion of said property tax revenues (the "TIF Revenue") shall be allocated to and paid into a special fund of FURA to pay the principal of, interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by FURA; and WHEREAS, the District, Firestone and FURA recognize that a division of taxes pursuant to C.R.S. § 31-25-107(9)(a) on property within the boundaries of the District without an agreement concerning the sharing of TIF Revenue that results from the District levy on taxable property in the Urban Renewal Area may hinder the effectuation of the Plan and urban renewal projects within the Urban Renewal Area and the District's ability to provide Fire Services within the Urban Renewal Area; and WHEREAS, the District is cooperating with Firestone and FURA to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area; and WHEREAS, the District, Firestone and FURA desire to enter into this Agreement for the transfer to the District of property tax revenues that FURA receives from the District levy on taxable property in the Urban Renewal Area; and WHEREAS, the District, Firestone and FURA are authorized to enter into this Agreement pursuant to law, including without limitation C.R.S. § 31-25-112; and WHEREAS, the District, Firestone and FURA have determined it is in the best interest of the parties to enter into this Agreement to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area; and WHEREAS, in consideration of the parties entering into this Agreement, the District consents to the inclusion within the Urban Renewal Area of all agricultural lands contained within such Area as described in the Plan, pursuant to C.R.S. § 31-25-107(1)(c)(I1)(D); NOW THEREFORE, in consideration of the foregoing recitals and the covenants, promises and agreements of each of the parties hereto, it is agreed by and among the parties hereto as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated into and made a part of this Agreement. 2. Sharing of District Levy Allocation: FURA agrees to deposit into a separate account created for such purpose (the "Account"), all of the increase in property tax revenues calculated, produced, and allocated to FURA as a result of the levy of the District upon taxable property within the Urban Renewal Area pursuant to and in accordance with Section 31-25- 107(9)(a)(I1) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado (the "District Tax Levy Allocation"). Commencing on the date of this Agreement and for a period of twenty-five (25) years from the effective date of the Plan, FURA shall transfer to the District on or before the 15`h day of each month all revenues received into such Account through the preceding month. If area is subsequently included in the Plan by a modification of the Plan approved by the Firestone Board of Trustees, and such modification results in TIF Revenues from the District Tax Levy Allocation being allocated to FURA for an additional period beyond twenty-five (25) years from the effective date of the Plan, then FURA shall make the foregoing transfers to the District for such additional period. 3. Use of District Tax Lev Allocation. It is the intention of the District, Firestone and FURA that the District use the revenues transferred to it pursuant to Section 1 for the costs N and expenses of providing Fire Services in the Urban Renewal Area. 4. Agreement Confined to District Tax Lew Allocation Revenue. This Agreement applies only to the District Tax Levy Allocation revenues, as calculated, produced, collected and allocated to FURA within the Urban Renewal Area in accordance with C.R.S. § 31-25- 107(9)(a)(11) and the rules and regulations of the Property Tax Administrator of the State of Colorado, and does not include any other revenues of Firestone or FURA. Further, this Agreement applies only to the Urban Renewal Area described in the Plan as approved by Firestone Board of Trustees Resolution No. 12- and any area subsequently included in the Plan by a modification of the Plan approved by the Firestone Board of Trustees. 5. Subordination. By written consent of the District, as evidenced by a resolution approved by the Board of Directors of the District, the obligation of FURA to transfer revenues from the District Tax Levy Allocation to the District may be made subordinate to any payment of the principal of, the interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by FURA for financing or refinancing, in whole or in part, any urban renewal project specified in the Plan. 6. Delays. Any delays in or failure of performance by any party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, acts of public enemy, acts of the Federal or state government, acts of any other party, acts of third parties, litigation concerning the validity of this Agreement or relating to transactions contemplated hereby, fire, floods, strikes, labor disputes, accidents, regulations or order of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. Notwithstanding the foregoing, where any of the above events shall occur which temporarily interrupt the ability of FURA to transfer District Tax Levy Allocation revenues as provided in Section 2, as soon as the event causing such interruption shall no longer prevail, FURA shall transfer the total amount of the District Tax Levy Allocation revenue that has been received by FURA that is then in the Account, as determined according to the provisions of Section 2 to this Agreement. 7. Consent Concerning Agricultural Land. The District hereby consents, pursuant to C.R.S. § 31-25-107(1)(e)(11)(D), to the inclusion within the Urban Renewal Area of all agricultural lands contained within such Area as described in the Plan. 8. Termination and Subsequent Legislation. In the event of termination of the Plan, including its TIF Financing component, FURA and Firestone may terminate this Agreement by delivering written notice to the District. FURA and Firestone may also terminate this Agreement by delivering written notice to the District if the District no longer provides any Fire Services within the Town of Firestone. The parties further agree that in the event legislation is adopted after the effective date of this Agreement that invalidates or materially effects any provisions hereof, the parties will in good faith negotiate for an amendment to this Agreement that most fully implements the original intent, purpose and provisions of this Agreement. 9. Entire Agreement. This instrument embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. 10. BindingEffect. ffect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. 11. No Third -Part 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 any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. 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. 13. Severabili . If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Further, in the event of any such holding of invalidity, illegality or unenforceability (as to any or all parties hereto), the parties agree to take such action(s) as may be necessary to achieve to the greatest degree possible the intent of the affected provision of this Agreement. 14. No Assignment. No party may assign any of its rights or obligations under this Agreement. 15. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 16. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 17. No Presumption. The parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the party causing the Agreement to be drafted. 18. Days. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a 4 legal holiday pursuant to Section 24-11-101(1), C.R.S., such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. 19. Parties Not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the parties shall not be deemed to be partners or joint venturers, and no party shall be responsible for any debt or liability of any other party. 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: By: Thomas C. Hamblin, Secretary ATTEST: Rebecca Toberman, Acting Town Clerk ATTEST: FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT By: Timothy J. Kosmerl, President of the Board TOWN OF FIRESTONE I0 Chad Auer, Mayor FIRESTONE URBAN RENEWAL AUTHORITY By: By: Rebecca Toberman, Recording Secretary Chad Auer,. Chairperson 5 RESOLUTION NO. 1 a- 3 a. A RESOLUTION' APPROVING A COOPERATION AGREEMENT AMONG THE FIRESTONE URBAN RENEWAL AUTHORITY, THE TOWN OF FIRESTONE, AND THE CARBON VALLEY PARK AND RECREATION DISTRICT, NORTHERN FIRESTONE URBAN RENEWAL PLAN WHEREAS, the Town of Firestone ("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 Firestone Urban Renewal Authority ("FURA") is a public'body corporate and politic 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. ("Act"); and WHEREAS, the Carbon Valley Park and Recreation District ("District") is a quasi - municipal corporation and political subdivision of the State of Colorado, duly organized and existing as a park and recreation district under the constitution and the laws of the State of Colorado to provide park and recreational facilities and programs (collectively "District Services") within said District, including areas within the Town of Firestone; and WHEREAS, pursuant to the Act, the Board of Trustees will be considering the Urban Renewal Plan for the Northern Firestone Urban Renewal Area ("the Plan") to carry out the urban renewal project ("Urban Renewal Project") described in the Plan for the area described therein ("Urban Renewal Area"); and WHEREAS, the Act includes and the Plan contains a provision authorizing the financing of the Urban Renewal Project utilizing property tax increment financing as further provided in the Plan and as authorized by Section 31-25-107(4) of the Act; and WHEREAS, the District is cooperating with the Town and FURA to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area; and WHEREAS, the District, Town and FURA desire to enter into an agreement for the transfer to the District of property tax revenues that FURA receives from the District levy on taxable property in the Urban Renewal Area in order to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area, and to help ensure that the District is able to continue to provide District Services within the Urban Renewal Area; and WHEREAS, an agreement has been proposed for such purpose and the parties are authorized to enter into such an agreement pursuant to law, including without limitation C.R.S. § 31-25-112; and 1 WHEREAS, the Board of Trustees has determined that it is in its best interest to enter into such an agreement with the District and FURA, and by this resolution desires to approve the agreement and authorize its execution; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Cooperation Agreement Among the Firestone Urban Renewal Authority, the Town of Firestone, and the Carbon Valley Park and Recreation District, Southern Firestone Urban Renewal Plan ("Agreement"), a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. Section 2. The Mayor is hereby authorized to execute the Agreement effective as of the date of approval of the Plan, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this �L day of O c �4 ,e K- , 2012. TOWN OF FIRESTONE, COLORADO ���tES TpN ' TOWN N u V SEAL �o Chad Auer k ¢Q Mayor ATTEST: oO . Goy T Rebecca Toberman Town Clerk 2 COOPERATION AGREEMENT AMONG THE FIRESTONE URBAN RENEWAL AUTHORITY THE TOWN OF FIRESTONE AND THE CARBON VALLEY PARK AND RECREATION DISTRICT NORTHERN FIRESTONE URBAN RENEWAL PLAN THIS COOPERATION AGREEMENT ("Agreement") is made and executed effective the day of , 2012, by and between the CARBON VALLEY PARK AND RECREATION DISTRICT, the TOWN OF FIRESTONE, COLORADO, and the FIRESTONE URBAN RENEWAL AUTHORITY, referred to collectively as the "parties" or individually as a "party". WITNESSETH: WHEREAS, the Carbon Valley Recreation District ("District") is a quasi -municipal corporation and political subdivision of the State of Colorado, duly organized and existing as a fire protection district under the constitution and the laws of the State of Colorado to provide park and recreational facilities and programs (collectively "District Services"), within said District, including areas within the Town of Firestone; and WHEREAS, the Town of Firestone ("Firestone") 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 Firestone Urban Renewal Authority ("FURA") is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. ("Act"); and WHEREAS, on , 2012, the Firestone Board of Trustees adopted its Resolution 12- approving the Urban Renewal Plan for the Northern Firestone Urban Renewal Area ("Plan"), which details the inclusion of the parcels described in the Plan for the purposes authorized in the Act, including utilizing tax increment financing ("TIF Financing"), as contemplated by C.R.S. § 31-25-107(9)(a), for the purposes authorized by the Urban Renewal Law; and WHEREAS, TIF Financing provides that taxes, if any, levied after the effective date of the approval of the Plan upon taxable property in the area described in the Plan ("Urban Renewal Area") each year shall be divided for a period not to exceed twenty-five (25) years from the effective date of the Plan and that a portion of said property tax revenues (the "TIF Revenue") shall be allocated to and paid into a special fund of FURA to pay the principal of, interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by FURA; and WHEREAS, the District, Firestone and FURA recognize that a division of taxes pursuant to C.R.S. § 31-25-107(9)(a) on property within the boundaries of the District without an agreement concerning the sharing of TIF Revenue that results from the District levy on taxable property in the Urban Renewal Area may hinder the effectuation of the Plan and urban renewal projects within the Urban Renewal Area and the District's ability to provide District Services within the Urban Renewal Area; and WHEREAS, the District is cooperating with Firestone and FURA to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area; and WHEREAS, the District, Firestone and FURA desire to enter into this Agreement for the transfer to the District of property tax revenues that FURA receives from the District levy on taxable property in the Urban Renewal Area; and WHEREAS, the District, Firestone and FURA are authorized to enter into this Agreement pursuant to law, including without limitation C.R.S. § 31-25-112; and WHEREAS, the District, Firestone and FURA have determined it is in the best interest of the parties to enter into this Agreement to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area; and WHEREAS, in consideration of the parties entering into this Agreement, the District consents to the inclusion within the Urban Renewal Area of all agricultural lands contained within such Area as described in the Plan, pursuant to C.R.S. § 31-25-107(1)(c)(II)(D); NOW THEREFORE, in consideration of the foregoing recitals and the covenants, promises and agreements of each of the parties hereto, it is agreed by and among the parties hereto as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated into and made a part of this Agreement. 2. Sharing of District Le Allocation: FURA agrees to deposit into a separate account created for such purpose (the "Account"), all of the increase in property tax revenues calculated, produced, and allocated to FURA as a result of the levy of the District upon taxable property within the Urban Renewal Area pursuant to and in accordance with Section 31-25- 107(4)(a)(II) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado (the "District Tax Levy Allocation"). Commencing on the date of this Agreement and for a period of twenty-five (25) years from the effective date of the Plan, FURA shall transfer to the District on or before the 151h day of each month all revenues received into such Account through the preceding month. If area is subsequently included in the Plan by a modification of the Plan approved by the Firestone Board of Trustees, and such modification results in TIF Revenues from the District Tax Levy Allocation being allocated to FURA for an additional period beyond twenty-five (25) years from the effective date of the Plan, then FURA shall make the foregoing transfers to the District for such additional period. 3. Use of District Tax Levy Allocation. It is the intention of the District, Firestone and FURA that the District use the revenues transferred to it pursuant to Section 1 for the costs and expenses of providing District Services in the Urban Renewal Area. F4 4. Agreement Confined to District Tax Levy„Allocation Revenue. This Agreement applies only to the District Tax Levy Allocation revenues, as calculated, produced, collected and allocated to FURA within the Urban Renewal Area in accordance with C.R.S. § 31-25- 107(9)(a)(II) and the rules and regulations of the Property Tax Administrator of the State of Colorado, and does not include any other revenues of Firestone or FURA. Further, this Agreement applies only to the Urban Renewal Area described in the Plan as approved by Firestone Board of Trustees Resolution No. 12- and any area subsequently included in the Plan by a modification of the Plan approved by the Firestone Board of Trustees. 5. Subordination. By written consent of the District, as evidenced by a resolution approved by the Board of Directors of the District, the obligation of FURA to transfer revenues from the District Tax Levy Allocation to the District may be made subordinate to any payment of the principal of, the interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by FURA for financing or refinancing, in whole or in part, any urban renewal project specified in the Plan. 6. DelUs. Any delays in or failure of performance by any party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, acts of public enemy, acts of the Federal or state government, acts of any other party, acts of third parties, litigation concerning the validity of this Agreement or relating to transactions contemplated hereby, fire, floods, strikes, labor disputes, accidents, regulations or order of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. Notwithstanding the foregoing, where any of the above events shall occur which temporarily interrupt the ability of FURA to transfer District Tax Levy Allocation revenues as provided in Section 2, as soon as the event causing such interruption shall no longer prevail, FURA shall transfer the total amount of the District Tax Levy Allocation revenue that has been received by FURA that is then in the Account, as determined according to the provisions of Section 2 to this Agreement. 7. Consent Concerning Agricultural Land. The District hereby consents, pursuant to C.R.S. § 31-25-107(l)(c)(II)(D), to the inclusion within the Urban Renewal Area of all agricultural lands contained within such Area as described in the Plan. 8. Termination and Subsequent Legislation. In the event of termination of the Plan, including its T1F Financing component, FURA and Firestone may terminate this Agreement by delivering written notice to the District. FURA and Firestone may also terminate this Agreement by delivering written notice to the District if the District no longer provides any District Services within the Town of Firestone. The parties further agree that in the event legislation is adopted after the effective date of this Agreement that invalidates or materially effects any provisions hereof, the parties will in good faith negotiate for an amendment to this Agreement that most fully implements the original intent, purpose and provisions of this Agreement. 9. Entire Agreement. This instrument embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous 3 communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. 10. Binding_ Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. 11. No Third-PgLty 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 any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. 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. 13, Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Further, in the event of any such holding of invalidity, illegality or unenforceability (as to any or all parties hereto), the parties agree to take such action(s) as may be necessary to achieve to the greatest degree possible the intent of the affected provision of this Agreement. 14. No Assignment. No party may assign any of its rights or obligations under this Agreement. 15. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 16. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 17. No Presumption. The parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the party causing the Agreement to be drafted. 18. Days. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a 4 legal holiday pursuant to Section 24-11-101(1), C.R.S., such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. 19. Parties Not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the parties shall not be deemed to be partners or joint venturers, and no party shall be responsible for any debt or liability of any other ply. 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: By: Renee' M. Witty, Secretary ATTEST: an Rebecca Toberman, Town Clerk ATTEST: CARBON VALLEY PARK AND RECREATION DISTRICT By: Tony Onorato Sr., President of the Board TOWN OF FIRESTONE Chad Auer, Mayor FIRESTONE URBAN RENEWAL AUTHORITY By: Rebecca Toberman, Recording Secretary Chad Auer, Chairperson 5 RESOLUTION NO. 12-33 A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR EHRLICH I-25 KIA WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a final development plan for Ehrlich I-25 Kia, on Lot B2, Weibel Final Plat, Town of Firestone; and WHEREAS, all materials related to the proposed final development plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the application, and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed final development plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed final development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve the proposed final development plan for Ehrlich I-25 Kia, on Lot B2, Weibel Final Plat, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ AND ADOPTED this 14t' day of November, 2012. ��REsroN� TOWN OF FIRESTONE, COLORADO m t SEA, o r .ti IQ der PA&(L 5o2�us ATTEST: • � �� Mayor Wo `Ti✓ 0��; • GOv .-- Rebecca Toberman Town Clerk 1 r EXHIBIT A Final Development Plan Conditions of Approval Ehrlich I-25 Kia 1. Modify documents pursuant to comments from the Town Engineer. 2. Revise Owner's Approval block as follows: a. Revise "Owners" to read "Owner"; and C. Below the signature line, delete "Owner" and add title of Scott Ehrlich (for the LLC). 3. In the Notary Certificate, revise "She Land, a Colorado limited liability company" to read "She Land, LLC, a Colorado limited liability company." 4. Obtain any necessary off -site cross -access, drainage, and construction easements prior to construction. 5. Provide an updated title commitment, dated no later than one month prior to recording of final documents. 6. Revise the documents to reflect that, in accordance with the Traffic Impact Study Addendum and the CDOT access permit, the north access is now restricted to a right- in/right-out movement. 7. Revise the Final Drainage Report and Drainage Plan to respond to comments from the Town Engineer. 8. Resolve conflicts between The stated building area; it is shown as 24,000 SF, 24,115 SF, and 21,160 SF throughout the FDP. 9. Revise the date for expected construction in the Development Schedule. 10. Revise documents to address Grading and Drainage Plan comments provided by the Town Engineer. 11. Provide a photometric plan. 12. In the Parking section on Sheet 2, note that the parking meets ADA requirements. 13. In the Land Uses section on Sheet 2, revise the text to read as follows: "KI n dealef automobile sales and service is a permitted use within is zonin pursuant to the KIA Outline Development Plan," 2 14. In the Sign Program section on Sheet 2, revise the text to read as follows: "any and all of the signs (excluding traffic control signs,quired parking signs or other signs required by the Town Engineer) ...." 15. In the Sign Program section on Sheet 2, specify signs and durations permitted as temporary signs or reference the temporary signs permitted by the Town Code. 16. On Sheet 3, copy the landscape site summary information to the Iandscape sheet. 17. On Sheet 8, add the native seed mix provided by the Town Planner to note 1. 18. On Sheet 8, Add a note that the native grass will be temporarily irrigated as necessary to assure it is completely established and that weed control in these areas will be maintained to assure the establishment of the native grasses. 19. In the General Landscape Criteria section on Sheet 8, clarify that this is a final landscape plan, not a "basic design concept only." Also show specific locations of plants, so that the plan may be verified by the Building Department for a Certificate of Occupancy review. Update the planting schedule as necessary. 20. Also in the General Landscape Criteria section on Sheet 8, replace the second paragraph with a noted that all non-native grass and landscaping will be irrigated with a fully automatic irrigation system. Show the location of connection to the potable water system and the location of the vacuum pressure breaker. 21. Remove the Specific Criteria section from Sheet 8. 22. On Sheet 9, show the ground level in the Pylon sign detail so that the actual height of the sign is shown. The total top of the sign should not exceed 50 feet. 23. Revise the Site Direction Sign details on Sheet 9 to read as follows: "4-0" O n 14 (TYP.) Max." 24. In the signage text section, in the second paragraph, remove the second sentence that reads "Future signage improvements will allow for a maximum of 200 square feet of digital signage" and replace with the following new sentence "A digital sign or other signage not shown in this FDP shall require Town approval via a separate FDP amendment." 25. A sign permit shall be obtained from the Town of Firestone prior to construction of any sign pursuant to the Firestone Municipal Code. All sign permit applications shall be consistent with the information provided in this FDP. 11n12012 2:57 PM [kmk] S Tiresloa6Subdivisians\Ehdich Kia FDP.T]3 res (rev),doc 3 RESOLUTION NO. 12- 3y 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, 2013; 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: 1 Meter Base Rate Water Included in Base Water Charge Per 1,000 Gallons Size Charge Rate (Gallons) Gallons Rate Residential 5/8" $18.17 -0- 3/4" $27.86 -0- 1" $46.02 -0- 1-1/2" $90.82 -0- 2" $146.53 -0- Residential 0-5,000 $1.71 5,001-20,000 $3.03 Above 20,000 $4.85 Commercial, Industrial, Irrigation, Mobile Home Parks 518" $18.17 -0- 3/4" $27.86 -0- 1" $46.02 -0- 1-112" - $90.82 -0- 255 $146.53 -0- 3" $273.68 -0- 6" $913.06 -0- Commercial & Industrial Irrigation Only Mobile Home Parks All usage $2.67 All usage $4.06 All usage $3.03 Out —of- Base rates and gallon charges for any out-of-town service shall be Town Rates two times the in -Town rates and charges. 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. N Meter Connection Fee CWCWD Capital Investment and Repair Fee Town Capital Investment Fee CWCWD 5/8" $ 5,800 $ 1,000 $ 4,000 $ 10,800 3/4" $ 7,700 $ 1,500 $ 6,000 $ 15,200 1" $12,500 $ 2,500 $10,000 $ 25,000 1-1/2" $23,000 $ 5,000 $20,000 $ 48,000 2" $36,400 $ 8,000 $32,000 $ 76,400 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 $ 2.50 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 5/8" 3/4" 1" 1-1 /2" Commercial 1-1/2" Irrigation 2" Commercial 2" Irrigation Meter & Yoke Fee $ 1,006.37 $ 1,042.55 $ 1,313.02 $ 3,753.71 $ 2,419.43 $ 4,942.64 $ 3,173.45 3 Section 5. This Resolution shall become effective on January 1, 2013. 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 i ` DAY OF ,&0V!Z,r, p,.- , 2012. TOWN OF FIRESTONE, COLORADO F�FtESTp�c� TOWN Pak C`4r� 10 fir, Mayor m SEAL o P� 5os ATTEST: NTY. G � T Rebecca Toberman, Town Clerk 4 RESOLUTION NO. 1 � - .5 A RESOLUTION ESTABLISHING CERTAIN RULES GOVERNING THE USE OF TOWN WATER FOR THE DEVELOPMENT OF OIL AND GAS WELLS WHEREAS, the Town operates a municipal water system which supplies treated water to its customers using water from the Colorado -Big Thompson Project of the Northern Colorado Water Conservancy District (NCWCD); and WHEREAS, effective June 1, 2012, NCWCD adopted its Rules Governing the Use of Colorado -Big Thompson Project Water and Windy Gap Project Water for the Development of Oil and Gas Wells (the NCWCD Rules); and WHEREAS, the Town has previously modified its hydrant meter permitting requirements and the terms of its water leasing program to comply with the NCWCD Rules; and WHEREAS, pursuant to the authority granted in state law and Section 13.04.100 of the Firestone Municipal Code, and in furtherance of the NCWCD Rules, the Board of Trustees by this Resolution desires to establish certain rules governing the use of Town water for the development of oil and gas wells; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby establishes the following rules governing the use of Town of Firestone water for the development of oil and gas wells: A. No treated water sold by the Town of Firestone for the purpose of oil/gas well development, including but not limited to well drilling, well fracturing, or hatching of well fracturing fluids, shall be used outside of the then current limits of the Northern Colorado Water Conservancy District or Municipal Subdistrict of the Northern Colorado Water Conservancy District. B. No Colorado -Big Thompson project water leased by the Town of Firestone that is subsequently used for the purpose of oil/gas well development, including but not limited to well drilling, well fracturing, or batching of well fracturing fluids, shall be used outside of the then current limits of the Northern Colorado Water Conservancy District or Municipal Subdistrict of the Northern Colorado Water Conservancy District. Section 2. Any terms in Section I of this Resolution that are defined in the NCWCD Rules shall have the meaning subscribed to them in the NCWCD Rules. Section 3. Compliance with the rules set forth in Section I of this Resolution is required in addition to compliance with all other federal, state and local laws, ordinances, rules, regulations, policies and requirements concerning use of the Town of Firestone water system. 1 Section 4. 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 Arove,w. , , 2012. TOWN OF FIRESTONE, COLORADO ESTpN r r TOWN m Ems, lop ehm -A-=, Mayor P+eD Tex^ `o t �Q FA14 L S 0 9 00 ATTEST: C'• O Rebecca Toberman, Town Clerk 2 RESOLUTION NO. 12-36 A RESOLUTION AUTHORIZING APPLICATION TO THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR A TIER 1 ENERGY IMPACT ASSISTANCE GRANT FOR THE 2013 FIRESTONE BOULEVARD IMPROVEMENTS PROJECT WHEREAS, the Town has scheduled for 2013 and desires to undertake certain improvements to Firestone Boulevard, generally consisting of widening Firestone Boulevard east and west of Jake Jabs Boulevard; 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 1 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 1 Energy Impact Assistance Grant for an amount not to exceed $200,000 to be applied to the 2013 Firestone Boulevard Improvements project. Section 2. The Mayor, Town Manager 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 14th day of November, 2012. ATTEST: �sro� WN o� J U�' _ T Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COLORADO Pi scmo--� Paul Sorensen, Mayor Pro-tem RESOLUTION NO. 12-1-7 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, 2013 AND ENDING ON THE LAST DAY OF DECEMBER, 2013. 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, 2012 for its consideration; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, in accordance with Article X, Section 20 of the Colorado Constitution, approved by the voters on November 3, 1992, and "Amendment One Emergency Reserve" is included in the budget in a total amount estimated to equal three percent (3%) of the Town's fiscal year spending excluding bonded debt service, the final amount to be calculated when necessary final information is available to the Town; and WHEREAS, whatever increases may have been made in expenditures, like increases were added to the revenues, so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this Resolution, be, and the same hereby is, approved and adopted as the budget of the Town of Firestone for the year stated above. Section 2. The Board of Trustees hereby confirms that as part of said 2013 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 121h day of December, 2012. Tp V SEAL kO� Attest: Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COLORADO - C Li Chad Auer, Mayor As of December 12, 2012 2011 Actual Fund Summaries (per 2011 CAFR) Actual Beginning Balance Total Actual Sources of Funds Total Actual Uses of Funds Actual Ending Balance Restriction of Fund Balance (1) Unrestricted Fund Balance Town of Firestone Fund Summaries FY 2011 Actuals Firestone Finance 'Authority' Capital Improvements Fund (3) Stormwater Replacement St & Highways Replacement General Highway Parks Old Impact Debt Service Fund (2)- Fund - Fund Fee Fund (3) -Fund' Reserve(2) Reserve (2) $ 1.021.524 4.519,098 4,174,363 $ $14.914 1.023,502 1,042,404 $850,801 330,068 329,481 $__136,706 165,243 50,000 $ 4,001 75.324 76.649 $ 21,739 140,895 140,746 $.2,048,766 549,069 767,518 $ 21,528 70 $ 66.350 214 1.366,2591 496,012 1 851,387 1 251,9491 2,676 21,888 1.830,317 21,598 66,564 Fund Balances combined for CAM presentation (2) (3) Fund Balances adjusted to cash (4) 2012 Estimated Fund Summaries Actual Beginning Balance Total Estimated Sources of Funds Total Estimated Uses of Funds Estimated Ending Balance Town of Firestone Fund Summaries FY 2012 Estimates Firestone Finance Capital Improvements Fund Stormwater Replacement Reserve St & Highways Replacement Reserve General un Fd Highway Fu Parks Old Impact FFund Fr Debt Service Fund Fund Authority 1,366,259 5.163,846 4,711,762 496,012 801,295 897,489 651,387 59,938 226,525 251,949 34,516 79,250 2,676 74,157 73,356 21,888 145,205 143.200 1,830,317 486,589 382,500 21,598 51 66,564 157 1,816,343 1 399,818 684,801 i 267,215 3,478 ::23.893 i 1,926,405 :21,649'1 66,722 Restriction of Fund Balance (1) Unrestricted Fund Balance Town of Firestone Fund Summaries FY 2013 Budget 2013 Budgeted Fund Summaries Estimated Beginning Balance Total Budget Sources of Funds Total Budget Uses of Funds Budget Ending Balance Restriction of Fund Balance (1) Unrestricted Fund Balance Budgeted Ending Balance 2012 Difference Firestone Finance Capital Improvements Fund Stormwater Replacement Reserve St & Highways Replacement Reserve General Fund Highway Fund Parks Old Impact Fee Fund - Debt Service Fund Fund Authority 1,618,3A3 4,972,643 4,858,531 399,818 1,825,458 1,990,348 684,801„ 71,150 88,870 207,215 350 133.917 ��3,478 79,704 75,267 23,,893 127,450 145,225 1,928,405 807,244 1,289,697 �21,649 75 66,722 66,500 1.932,455 1 234,928 1 667,081 73,648 7,914 6,118 1.445,952 1 21,7241 222 114,112.07 1,425,551 274,546 672.346 171,653 3.265 22,939 1,914,051 21,678 66.750 506,904 (39,618) (5,265) (98,005) 4,649 (16,821) (468,098) 46 (66,528) f As of December 12, 2012 Town of Firestone Fund Summaries FY 2011 Actuals Park Replacement Reserve(2) Fleet Replacement Reserve (2)Y Building Replacement_ Reserve {2y Water - Fund (4) Stormwater Conservation Trust Fund' Open Space T Fund Old Hire Pension Plan Urban Renewal Fund (4) Authority $ 13,270 43 $__13,270 43 $ .13,270 43 $2,851197 3,011.283 2,508,339 $ 7,609 118,490 87,155 $ 152,644 41,275 50.000 $ 23,834 78,010 40,000 15718' 12,697 9.785 $ - 16.243 16,243 13,3131 13,3131 13,313 3,354,141 38,944 143,919 61,844 1 18,630 502.944 Town of Firestone Fund Summaries FY 2012 Estimates Park Replacement Reserve Fleet Replacement W Reserve Building Replacement Water Fund Stormwater _ Fund__ Conservation Trust Fund Open Space Fund Old Hire_ _ Pension Plan Urban Renewal AuthorRy r Res erve 13,313 31 13,313 31 13.313 31 3.354,141 3,525,595 3,054,303 38,944 145,600 145,600 143.919 54,569 50,000 61,844 23,967 40,000 18,630 7,491 7,091 - 67,818 67,813 177 13,344 13,344 13,344 3,825,433 38,944 148,488 45,8111 :1 19,030 5 Town of Firestone Fund Summaries FY 2013 Budget Park Replacement Reserve Fleet Replacement Reserve Building Replacement Reserve Water Stormwate Conservation Trust Fund Open Space Fund Old Hire Pension Plan Urban Renewal Authority Fund'' Fund 13.344 _ _ 13.344 t3,344 3,825,433 38.944 148.488 45.81t _19,030 _ _5 40 40 40 3,362,585 3.195,436 115,072 130,122 42,250 50,000 40,040 20.000 8,839 8,439 45,654 43,715 13,384 1 13,384 13,384 1 3.992,581 1 23,894 1 140,738 65.852 19,4301 17944 13,350 13,350 13,350 3,368,601 7.609 137,452 29,934 11,320 7.081 34 34 34 623,980 16,285 3,286 35,918 8,111 (6,137) As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 General Fund 2011 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments $ 3,720,323 $ 3,658,IO2 $ 4,025,107 $ 4,194,544 Impact & Tap Fees Licenses and Permits 306,704 253,500 249,500 293,000 Intergovernmental 42,042 33,154 32,940 37,500 Charges for Services - - - - Fines and Forfeits 159,002 175,000 177,500 180,000 Net Investment Income 2,436 2,250 2,900 2,900 Misc 71,181 56,500 79,644 59,000 Total Revenue 4,766,944 4,301,687 4,178,506 4,567,591 Other Sources Lease Proceeds - 119,977 207,819 - Interfund Transfers 217,261 427,250 381,790 205,700 Other 150 - 6,646 - Total Sources of Funds S 4,519,098 $ 4,725,733 $ 5,163,846 $ 4,972,644 Uses of Funds Legislative $ 37,942 $ 46,345 $ 41,557 $ 55,539 Judicial 78,104 83,301 76,101 81,073 Administration 471,644 461,913 451,558 494,598 Finance 76,380 111,327 111,295 120,268 Elections - 2t,590 8,000 2,000 Human Resources 55,495 85,419 68,309 93,351 Information Tech. 68,912 94,600 94,600 87,900 Planning 83,791 92,200 96,384 114,710 Engineering & Design 99,423 110,000 110,000 122,512 Develop. Inspections 157,176 117,000 117,000 155,000 Public Safety - Police 1,817,187 1,845,908 1,871,247 1,892,807 Comm. Service Officers 132,316 129,918 129,758 t39,144 Emergency Mgmt. 515 - - - Public Works- Sanitation 20,734 20,512 20,840 20,150 Town Hall 63,249 58,034 59,274 62,380 Maintenance Facility 4,303 5,345 5,345 5,345 Health & Welfare 30,405 42,700 32,616 44,916 Community Resources 64,605 66,900 63,338 72,400 Economic Development 70,334 77,000 48,876 64,500 Capital Outlay 10,472 285,500 317,380 260,564 Park Administration 315,481 410,589 409,695 408,687 Minor Capital - leased - - - Total Expenditures 3,658,469 4,166,101 4,133,173 4,297,845 3 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 General Fund 2011 Adopted Revised Final Actual Budget Estimate Budget Other Uses Lease Payments 72,415 68,360 70,589 75,187 Interfund Transfers 184,950 225,500 234,994 203,910 Other 258,529 135,850 273,006 281,590 Total Other Uses 515,894 429,710 578,589 560,687 Total Uses of Funds $ 4,174,363 $ 4,595,811 $ 4,711,762 $ 4,858,531 Net Sources and Uses $ 344,735 $ 129,922 $ 452,084 $ 114,112 Beginning Fund Balance •$ 1,021,524 $ 1,295,631 $ 1,366,259 $ 1,818,343 Total Sources of Funds 4,519,098 4,725,733 5,I63,846 4,972,644 Total Uses of Funds 4,174,363 4,595,811 4,711,762 4,858,531 Ending Fund Balance $ 1,366,259 $ 1,425,553 $ 1,818,343 $ 1,932,456 4 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 General Fund 2011 Adopted Revised Final Actual Budget Estimate Budget Revenue Sales Tax Sales Tax - Base $ 1,905,468 $ 1,840,000 $ 2,020,000 S 2,090,000 Sales Tax -Developers 442,804 365,000 470,700 485,500 Sales Tax Total 2,348,272 2,205,000 2,490,700 2,575,500 Change vs. 2012 budget 12.96% 16.80% Change vs. prior year 3.40% Property Tax AV - prelim. (Aug.) $ 116,758,090 $ 132,013,990 AV -final. (Dec.) $ 116,694,880 S 131,980,920 (Net of TIF area) % Chg. Prelim to Final -0,05% -0.03% % Chg. Year to Year Mill Levy - GF 6.250 6.244 6.244 Mill Levy - Debt Service 0.555 0.561 0.561 Mill Levy - Total 6.805 6.805 6.805 Property Tax-GF 724,371 826,252 $ 824,822 Change vs. 2012 budget -0.17% Change vs. prior year Property Tax -Debt 75,271 74,114 $ 74,114 Change vs. 2012 budget 0.00% Change vs. prior year $ 141,845,250 $ 142,320,680 7.83% Franchise Tax Electric $ 237,104 $ 225,000 $ 255,000 $ Gas 52,633 70,000 60,000 Telephone 50 50 50 Cable 48,993 48,500 53,500 Total Franchise Taxes 338,780 343,550 368,550 Change vs. 2012 budget 7.28% Change vs. prior year Use Tax Residential Commercial Total Use Taxes Change vs. 2012 budget Change vs. prior year 138,188 160,000 126,000 31,869 4,000 30,000 170,057 164,000 156,000 -4.88% 6,245 0.560 6.805 892,178 7.98% 8.17% 79,629 7.44% 7.44% 255,000 63,000 50 55,000 373,050 8.59% 1.22% 163,500 25,000 188,500 14.94% 20.83% M As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 General Fund 2011 Adopted Revised Final Actual Budget Estimate Budget Other Taxes Cigarette Tax $ 16,866 $ 13,300 $ 17,000 $ 17,000 Severance Tax 119,510 100,000 163,360 141,000 Other Tax 2,467 6,000 4,675 7,315 Total Other Taxes 138,843 119,300 185,035 165,315 Change vs. 2012 budget 55.10% 38.57% Change vs. prior year -10.66% Residential DU's -actual 56 Residential DU's assumption 65 50 65 TOTAL TAXES $ 3,720,323 $ 3,658,102 $ 4,025,107 $ 4,194,544 Change vs. 2012 budget 10.03% 14.66% Change vs. prior year 4.21% Licenses &Permits Liquor Licenses $ 6,880 $ 6,500 $ 6,500 $ 6,500 Gen Business Licenses 19,306 10,000 14,000 14,000 Non -Bus Lic and Perm 2,800 3,000 3,000 3,000 Bldng & Related Permits 218,492 195,000 173,000 224,500 Contractor Licenses 32,312 24,000 24,000 24,000 Oil and Gas Permits 26,914 15,000 29,000 21,000 Total 306,704 253,500 249,500 293,000 Change vs. 2012 budget -1.58% 15.58% Change vs. prior year 17.43% Intergovernmental State & Local Grants - - - - SVVSD-SROICrossGrds 18,155 18,154 23,500 25,500 Police Grants 23,887 15,000 9,440 12,000 Total 42,042 33,154 32,940 37,500 Change vs. 2012 budget -0.65% 13.11 % Change vs. prior year 13.84% 6 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 General Fund 2011 Adopted Revised Final Actual Budget Estimate Budget Mise HoneytFalI Festival donati $ 4th at Firestone Scholarship Program Animal Impound Other Total Change vs. 2012 budget Change vs. prior year 5,975 $ 5,000 $ 5,000 $ 5,000 14,465 15,000 15,735 15,000 1,000 2,000 1,000 1,000 5,640 4,500 5,600 6,000 44,101 30,000 '52,309 32,000 71,181 56,500 79,644 59,000 40.96% 4.42% 25.92% Interfund Transfers (To) / From General Highway - - - - Parks - - - - CIP $ 98,857 $ 183,000 $ 183,000 $ - Water - - - - Storm 68,403 84,250 88,790 35,700 FFA - - - - Debt - - - Open Space - - - Old Impact Fee - 110,000 60,000 120,000 CTF 50,000 50,000 50,000 50,000 Old Hire Pension - - - - Urban Renewal Authority (184,275) (225,500) (197,694) (203,910) Rplcmt. - Storm Rplcmt. - Streets Rplcmt. - Parks Rplcmt. - Fleet - Rplcmt. - Bldg. - - Total $ 32,986 $ 201,750 $ 184,096 $ 1,790 7 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 General Fund 2011 Adopted Revised Final Actual Budget Estimate Budget Uses of Funds by Category Expenditures Legislative Personnel $ 22,352 $ 24,382 $ 24,382 $ 25,072 Contractual Services 4,379 4,588 5,175 5,717 Supplies & Services 11,212 17,375 12,000 24,750 Repairs & Maint. - - - _ Minor Capital - - - _ Subtotal 37,942 46,345 41,557 55,539 Judicial Personnel 55,709 55,701 55,701 56,773 Contractual Services 20,406 24,600 19,200 21,550 Supplies & Services 1,989 3,000 1,200 2,750 Repairs & Maint. - - - - Minor Capital Subtotal 78,104 83,301 76,101 81,073 Administration Personnel Contractual Services Supplies & Services Repairs & Maint. Minor Capital Subtotal Finance Personnel Contractual Services Supplies & Services Repairs & Maint. Minor Capital Subtotal Elections Personnel Contractual Services Supplies & Services Repairs & Maint. Minor Capital Subtotal 234,810 195,377 206,282 244,439 134,189 149,670 149,360 144,720 99,995 111,866 91,916 99,439 2,163 2,000 2,000 3,000 486 3,000 2,000 3,000 471,644 461,913 451,558 494,598 67,756 94,327 3,500 6,750 4,609 9,550 515 700 76,380 111,327 94,775 99,663 7,870 8,655 7,850 11,050 800 900 111,295 120,268 - 5,000 4,000 - 10,590 4,000 - 1,000 - - 5,000 - 21,590 8,000 2,000 2,000 8 As of December 12, 2012 Town of Firestone 2013 Finai Budget 2012 2012 2013 General Fund 2011 Adopted Revised Final Actual Budget Estimate Budget Human Resources Personnel 21,216 56,794 56,794 82,890 Contractual Services $ 25,154 $ 20,600 $ 3,494 $ 3,170 Supplies & Services 9,125 8,025 8,022 7,291 Repairs & Maint. - - - Minor Capital - - - Subtotal 55,495 85,419 68,309 93,351 Information Tech. Personnel - - - - Contractual Services 53,089 56,350 56,350 53,900 Supplies & Services - - - - Repairs & Maint. - - - - Minor Capital 15,822 38,250 38,250 34,000 Subtotal 68,912 94,600 94,600 87,900 Planning Personnel - - 16,462 34,710 Contractual Services 83,791 92,200 79,922 80,000 Supplies & Services - - - - Repairs & Maint. - - - - Minor Capital - - - - Subtotal 83,791 92,200 96,384 114,710 Engineering & Design Personnel - - - - Contractual Services 99,423 110,000 110,000 122,512 Supplies & Services - - - - Repairs & Maint. - - - - Minor Capital - - - - Subtotal 99,423 110,000 110,000 122,512 Develop. Inspections Personnel - - - - Contractual Services I57,176 117,000 117,000 155,000 Supplies & Services - - - Repairs & Maint. - - - - Minor Capital - - - - Subtotal 157,176 117,000 117,000 155,000 9 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 General Fund 2011 Adopted Revised Final Actual Budget Estimate Budget Public Safety - Police Personnel $ 1,567,720 $ 1,514,118 $ 1,559,954 $ 1,620,652 Contractual Services 40,853 42,881 43,291 53,239 Supplies & Services 182,695 175,392 159,057 183,516 Repairs & Maint. 25,919 30,400 30,440 35,400 Minor Capital - - - - Capital Outlay - 83,117 78,505 - Subtotal 1,817,187 1,845,908 1,871,247 1,892,807 Comm. Service Officers Personnel 131,489 128,918 128,918 138,044 Contractual Services - - - - Supplies & Services 826 1,000 840 1,100 Repairs & Maint. - - - - Minor Capital - - - - Subtotal 132,316 129,918 129,758 139,144 Emergency Mgmt, Personnel 515 - - - Contractual Services - - - - Supplies & Services - - - - Repairs & Maint. - - - - Minor Capital - - - Subtotal 515 - - - Public Works- Sanitation Personnel - - - - Contractual Services - - - - Supplies & Services 20,734 20,512 20,840 20,150 Repairs & Maint. - - - - Minor Capital - - - - Capital - - - - Subtotal 20,734 20,512 20,840 20,150 Town Hall Personnel - - - - Contractual Services 14,343 15,074 15,074 16,680 Supplies & Services 30,815 28,960 30,200 31,700 Repairs & Maint. 18,091 14,000 14,000 14,000 Minor Capital - - - - Capital - - - - Subtotal 63,249 58,034 59,274 62,380 10 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 General Fund 2011 Adopted Revised Final Actual Budget Estimate Budget Maintenance Facility Personnel - - - - Contractual Services $ 1,300 $ 1,545 $ 1,545 $ 1,545 Supplies & Services 949 1,600 1,600 1,600 Repairs & Maint. 2,055 2,200 2,100 2,200 Minor Capital - - - Capital - - - Subtotal 4,303 5,345 5,345 5,345 Health & Welfare Personnel - - - - Contractual Services - - - - Supplies & Services 30,405 42,700 32,616 44,916 Repairs & Maint. - - - - Minor Capital - - - - Subtotal 30,405 42,700 32,616 44,916 Community Resources Personnel - - - - Contractual Services - - - - Supplies & Services 64,605 66,900 63,338 72,400 Repairs & Maint. - - - - Minor Capital - - - - Subtotal 64,605 66,900 63,338 72,400 Economic Development Personnel - - - - Contractual Services 57,638 50,000 45,676 45,000 Supplies & Services $ 12,696 $ 27,000 S 3,200 $ 19,500 Repairs & Maint. - - - - Minor Capital - - - - Subtotal 70,334 77,000 48,876 64,500 Capital Outlay Capital 10,472 285,500 317,380 260,564 Subtotal 10,472 285,500 317,380 260,564 Park Administration Personnel 267,653 332,739 338,345 302,837 Contractual Services - 7,500 - 34,000 Supplies & Services L0,293 13,200 14,200 14,700 Repairs & Maint. 37,535 57,150 57,150 57,150 Minor Capital - - - - Capital - - - - Subtotal 315,481 410,589 409,695 408,687 Total Expenditures $ 3,658,469 $ 4,166,101 $ 4,133,173 $ 4,297,845 is As of December 12, 2012 Town of Firestone 2013 Final Budget 20I2 2012 2013 i hwa un 2011 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments $ 524,596 $ 522,508 $ 514,948 $ 522,672 Impact & Tap Fees Licenses and Permits Intergovernmental 25,000 - - - Charges for Services 117,303 140,000 138,200 140,500 Fines and Forfeits Net Investment Income 1,552 1,500 1,028 1,000 Mise 9,080 6,500 21,298 6,869 Total Revenue Other Sources Lease Proceeds lnterfund Transfers Other Total Sources of Funds Uses of Funds Engineering & Design Road & Street Services Capital Outlay Minor Capital - leased Total Expenditures Other Uses Lease Payments Interfund Transfers Other Total Other Uses Total Uses of Funds Net Sources and Uses Beginning Fund Balance Total Sources of Funds Total Uses of Funds Ending Fund Balance - 55,000 44,071 - 345,971 81,750 81,750 1,154,417 $ 58,283 S 53,800 585,392 749,701 365,313 131,500 $ 53,800 ' $ 60,240 677,549 797,958 120,571 1,112,670 1,008,988 935,001 851,920 1,970,868 33,416 52,667 45,569 19,480 $ 1,042,404 S 987,668 $ 897,489 $ 1,990,348 $ (18,902) $ (180,410) $J96,194) $ (164,890) $ 514,914 S 454,956 S 496,012 $ 399,818 1,023,502 807,258 801,295 1,825,458 1,042,404 987,669 897,489 1,990,348 $ 496,012 $ 274,546 $ 399,818 $ 234,928 12 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 JIM i wa and 2011 Adopted Revised Final Actual Budget Estimate Budget Revenue Taxes & Assessments Highway Users Tax $ 342,886 $ 358,508 $ 337,948 $ 339,672 Motor Vehicle Reg 36,993 34,000 34,000 34,000 Road and Bridge Appmt 87,529 80,000 87,000 93,000 Specific Ownership Tax 57,189 50,000 56,000 56,000 Other Tax - - - - Total 524,596 522,508 514,948 522,672 Change vs. 2012 budget -1,45% 0.03% Change vs, prior year 1.50% Intergovernmental State/Local Grants 25,000 - - - Other - - - - Total 25,000 - - - Change vs. 2012 budget Change vs. prior year #DIV/O! Interfund Transfers (To) / From General Highway Parks CIP 345,971 62,500 62,500 1,074,000 Water Storm FFA Debt Open Space Old Impact Fee 19,250 19,250 13,917 CTF Old Hire Pension Rplcmt. - Storm Rplcmt. - Streets 66,500 Rplcmt. - Parks Rplcmt. - Fleet Rplcmt. - Bldg. Total 345,971 81,750 81,750 1,154,417 13 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 i wa un 2011 Adopted Revised Final Actual Budget Estimate Budget Uses of Funds by Category Expenditures Engineering & Design Personnel Contractual Services Supplies & Services Repairs & Maint. Minor Capital Subtotal Road & Street Services - Personnel Contractual Services Supplies & Services Repairs & Maint. Minor Capital Subtotal Capital Outlay Capital Subtotal Total Expenditures $ 58,283 $ 53,800 $ 53,800 $ 60,240 58,283 53,800 53,800 60,240 323,254 370,339 379,334 382,330 24,174 22,372 25,842 27,550 203,685 302,650 218,033 333,508 34,280 54,340 54,340 54,570 585,392 749,701 677,549 797,958 365,313 131,500 120,571 1,112,670 365,313 131,500 120,571 1,112,670 $ 1,008,988 $ 935,001 $ 851,920 $ 1,970,868 14 As of December 12, 2012 Town of Firestone 2013 Final Budget 2011 Actual 2012 Adopted Budget 2012 Revised Estimate 2013 Final Budget Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits $ 42,000 $ 48,750 $ 37,500 $ 48,750 Intergovernmental - - - - Charges for Services - Fines and Forfeits Net Investment Income 2,771 3,000 1,942 2,000 Misc 20,796 19,940 20,496 20,400 Total Revenue 65,567 71,690 59,938 71,150 Other Sources Lease Proceeds - - - - Interfund Transfers 264,501 - - - Other - Total Sources of Funds $ 330,068 $ 71,690 $ 59,938 $ 71,150 Uses of Funds Engineering & Design $ 13,138 $ 8,500 $ 8,290 $ 8,370 Planning 19,025 14,500 14,031 14,500 Culture & Recreation 1,757 2,000 85 2,000 Parks Maintenance - - - - Capital Outlay 295,562 223,100 204,119 64,000 Minor Capital - leased Total Expenditures 329,481 248,100 226,525 88,870 Other Uses Lease Payments - - - Interfund'Transfers - - - Other Total Other Uses - - - - Total Uses of Funds $ 329,481 $ 248,100 $ 226,525 $ 88,870 Net Sources and Uses $ 586 $ (176,410) $ (166,587) $ (17,720) Beginning Fund Balance $ 850,801 $ 848,756 $ 851,387 $ 684,801 Total Sources of Funds 330,068 71,690 59,938 71,150 Total Uses of Funds 329,481 248,100 226,525 88,870 Ending Fund Balance $ 851,387 $ 672,346 $ 684,801 $ 667,081 15 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 2011 Adopted Revised Final Actual Budget Estimate Budget Uses of Funds by Category Expenditures En&ineering & Design Personnel - _ _ Contractual Services $ 13,138 $ 8,500 $ 8,290 $ 8,370 Supplies & Services - - - Repairs & Maint. Minor Capital - _ - Subtotal 13,138 8,500 8,290 8,370 Planning Personnel _ _ _ Contractual Services 19,025 14,500 14,031 14,500 Supplies & Services - _ _ Repairs & Maint. Minor Capital Subtotal 19,025 14,500 14,031 14,500 Culture & Recreation Personnel Contractual Services Supplies & Services Repairs & Maint. Minor Capital Subtotal Parks Maintenance Personnel Contractual Services Supplies & Services Repairs & Maint. Minor Capital Subtotal Capital Outlay Capital Subtotal Total Expenditures 1,757 2,000 1,757 2,000 85 2,000 85 2,000 295,562 223,100 204,119 64,000 295,562 223,100 204,119 64,000 S 329,481 $ 248,100 $ 226,525 $ 88,870 16 As of December 12, 2012 Town of Firestone 2013 Final Budget 61PF nd 2011 Actual 2012 Adopted Budget 2012 Revised Estimate 2013 Final Budget Sources of Funds Impact & Tap Fees Roadway Fees $ 187,218 $ 213,494 $ 164,227 $ 239,697 Drainage Fees 57,678 65,774 50,595 84,923 Park Fees 192,194 219,169 168,592 235,385 Muni. Fac. Fee 62,583 7I,366 54,897 117,753 Undergrounding Fee 42,805 48,812 37,548 - Raw Water Irrigation Fee 122,486 Net Investment Income 6,591 7,000 4,731 7,000 Misc Total Revenue 549,069 625,615 480,589 807,244 Other Sources Interfund Transfers - - - - Other Total Sources of Funds $ 549,069 $ 625,615 $ 480,589 $ 807,244 Uses of Funds Expenditures Total Expenditures - - - - Other Uses Interfund Transfers $ 767,518 $ 368,972 $ 382,500 $ 1,289,697 Other Total Other Uses 767,518 368,972 382,500 1,289,697 Total Uses of Funds $ 767,518 $ 3b8,972 $ 382,500 $ 1,289,697 Net Sources and Uses $ (218,449) $ 256,643 $ 98,089 $ (482,453) Beginning Fund Balance $ 2,048,766 $ 1,657,407 $ 1,830,317 $ 1,928,405 Total Sources of Funds 549,069 625,615 480,589 807,244 Total Uses of Funds 767,518 368,972 382,500 1,289,697 Ending Fund Balance $ 1,830,317 $ 1,914,050 $ 1,928,405 $ 1,445,952 HM As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 IjpFnnd 2011 Adopted Revised Final Actual Budget Estimate Budget Interfund Transfers (To)1 From General $ (48,857) $ (183,000) $ (183,000) $ - Highway (345,971) (62,500) (62,500) (1,074,000) Parks (264,501) - - (107,000) CIP Water Storm (7,489) (33,472) (32,000) (1,472) FFA (100,700) (90,000) (105,000) (107,225) Debt Open Space - - - Old Impact Fee - - - - CTF Old Hire Pension Rplcmt. - Storm Rplcmt, - Streets Rplcmt. - Parks Rplcmt. - Fleet Rplcmt. - Bldg. Total $ (767,518) $ (368,972) $ (382,500) $ (1,289,697) 18 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 Olin rn aet mee 2011 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments Impact & Tap Fees $ 164,657 $ 33,930 $ 33,930 $ - Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Net investment Income 586 550 586 350 Misc Total Revenue Other Sources Lease Proceeds Interfund Transfers Other Total Sources of Funds Uses of Funds Expenditures 165,243 34,480 34,516 350 34,516 $ 350 Total Expenditures - - - - Other Uses Lease Payments Interfund Transfers $ 50,000 129,250 79,250 $ 133,917 Other Total Other Uses 50,000 129,250 79,250 133,917 Total Uses of Funds $ 50,000 $ 129,250 $ 79,250 $ 133,917 Net Sources and Uses $ 115,243 $ (94,770) $ (44,734) $ {133,567) Beginning Fund Balance $ 136,706 $ 266,423 $ 251,949 $ 207,215 Total Sources of Funds 165,243 34,480 34,516 350 Total Uses of Funds 50,000 129,250 79,250 133,917 Ending Fund Balance $ 251,949 $ 171,653 $ 207,215 $ 73,648 19 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 Olili�n act lee 2011 Adopted Revised Final - -- - -- Actual Budget Estimate Budget Interfund Transfers (To)1 From General $ (50,000) (110,000) $ (60,000) $ (120,000) Highway (19,250) (19,250) (13,917) Parks - - - C1P - - Water Storm FFA - - Debt Open Space - - - Old Impact Fee CTF Old Hire Pension Rplcmt. - Storm Rplcmt. - Streets Rplcmt. - Parks Rplcmt. - Fleet Rplcmt. - Bldg. Total $ (50,000) $ (129,250) $ (79,250) $ (133,917 20 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013. 2011 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits Intergovernmental $ 26,696 $ - $ 4,345 S - Charges for Services 2,974,488 3,018,675 3,263,622 3,146,800 Fines and Forfeits Net Investment Income 9,391 10,000 8,150 10,000 Misc 709 1,000 2,770 1,875 Sale of Fixed Assets - 1,625 Total Revenue 3,011,283 3,029,675 3,280,512 3,158,675 Other Sources Lease Proceeds - 42,500 47,389 - Interfund Transfers - 225,500 197,694 203,910 Other - - - - Total Sources of Funds $ 3,011,283 $ 3,297,675 $ 3,525,595 $ 3,362,585 Uses of Funds Human Resources $ 45,328 $ 24,355 $ 21,707 $ 24,773 Information Tech. 65,932 74,150 74,900 68,100 Engineering & Design 94,409 62,900 71,900 59,142 Water Operations 1,096,394 1,160,444 1,246,496 1,174,101 Water Admin. 391,287 406,786 407,155 451,803 Capital Outlay 802,258 1,160,437 1,005,099 1,192,958 Minor Capital - leased - - - - Total Expenditures 2,495,609 2,889,072 2,827,257 2,970,877 Other Uses Lease Payments 12,730 30,231 29,352 20,649 Interfund Transfers - - - - Other - 225,000 197,694 203,910 Total Other Uses 12,730 255,231 227,046 224,559 Total Uses of Funds $ 2,508,339 $ 3,144,303 $ 3,054,303 $ 3,195,436 Net Sources and Uses $ 502,944 $ 546,752 $ 471,292 $ 167,149 Beginning Fund Balance $ 2,851,197 $ 3,215,228 $ 3,354,141 $ 3,825,433 Total Sources of Funds 3,011,283 3,297,675 3,525,595 3,362,585 Total Uses of Funds 2,508,339 3,144,303 3,054,303 3,195,436 Ending Fund Balance $ 3,354,141 $ 3,368,600 $ 3,825,433 $ 3,992,581 PIZ As of December 12, 2012 Town of Firestone 2013 Final Budget t 2011 Actual 2012 Adopted Budget 2012 Revised Estimate 2013 Final Budget Revenue Intergovernmental C1P Grants $ - $ - $ - $ - CiL for water Other Grants 26,696 - 4,345 - Total 26,696 - 4,345 - Charges for Services Water Sales 2,227,444 2,190,000 2,550,000 2,270,000 Meter and Yoke 46,175 51,675 43,372 66,950 Tap Fees 620,000 702,000 540,000 702,000 Other 6,790 7,000 23,500 23,500 Late Fees 44,385 43,000 41,400 39,600 Hydrant Meter Water U 1,736 2,000 1,000 1,000 Water Share Leases/Sall 27,924 23,000 64,350 43,750 Vendor Fees 35 - - - Total 2,974,488 3,018,675 3,263,622 3,146,800 22 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2011 Adopted Actual Budget 2012 Revised Estimate 2013 Final Budget Interfund Transfers (To) / From General 225,500 197,694 203,910 Highway Parks - - - CIP Water Storm FFA Debt Open Space Old Impact Fee CTF Old Hire Pension Rplcmt. - Storm Rplcmt. - Streets Rplcmt. - Parks Rplcmt. - Fleet Rplcmt. - Bldg. Total 225,500 197,694 203,910 23 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 2011 Adopted Revised Final Actual Budget Estimate BudLret Uses of Funds by Category Expenditures Human Resources Personnel $ 22,567 $ 15,280 $ 15,134 $ 22,034 Contractual Services 20,581 5,400 2,858 830 Supplies & Services 2,181 3,675 3,7I5 1,909 Repairs & Maint. - - - - Minor Capital - - - Subtotal 45,328 24,355 21,707 24,773 Information Tech. Personnel Contractual Services 51,320 50,150 50,150 40,350 Supplies & Services - 1,250 1,250 1,250 Repairs & Maint. - - - - Minor Capital 14,612 22,750 23,500 26,500 Subtotal 65,932 74,150 74,900 68,100 Engineering & Design Personnel - - - - Contractual Services 94,409 62,900 71,900 59,142 Supplies & Services - - - - Repairs & Maint. - - - - Minor Capital - - - - Subtotal 94,409 62,900 71,900 59,142 Water Operations Personnel 284,941 332,264 341,592 328,095 Contractual Services 741,249 726,850 801,119 745,660 Supplies & Services 36,271 40,680 43,180 40,680 Repairs & Maint. 33,934 60,650 60,606 59,666 Minor Capital - - - Subtotal 1,096,394 1,160,444 1,246,496 1,174,101 Water Admin. Personnel 251,115 262,414 269,452 282,458 Contractual Services 27,369 31,598 23,370 36,657 Supplies & Services 105,107 109,274 110,833 129,188 Repairs & Maint. 3,394 3,500 3,500 3,500 Minor Capital 4,302 - - - Subtotal 391,287 406,786 407,155 451,$03 Capital Outlay Capital 802,258 1,160,437 1,005,099 1,3 85,937 Subtotal 802,258 1,160,437 1,005,099 1,192,958 Total Expenditures $ 2,495,609 $ 2,889,072 $ 2,827,257 S 2,970,877 24 As of December 12, 2012 Town of Firestone 2013 Final Budget form .Ra er #un 2012 2011 Adopted Actual Budget 2012 Revised Estimate 2013 Final Budget Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits Intergovernmental $ - $ - $ - $ - Charges for Services 111,001 110,000 113,600 113,600 Fines and Forfeits Net Investment Income - - - - Misc Total Revenue 111,001 110,000 113,600 113,600 Other Sources Lease Proceeds lnterfund Transfers 7,489 33,472 32,000 1,472 Other Total Sources of Funds $ 118,490 $ 143,472 $ 145,600 $ 115,072 Uses of Funds Engineering & Design $ 11,017 $ 22,500 $ 22,065 $ 10,000 Operations - Storm 245 3,250 2,745 52,950 Capital Outlay 7,489 33,472 32,000 31,472 Total Expenditures 94,422 18,751 59,222 56,810 Other Uses Lease Payments Interfand Transfers 68,403 84,250 88,790 35,700 Other Total Other Uses 68,403 84,250 88,790 35,700 Total Uses of Funds $ 87,155 $ 143,472 $ 145,600 $ 130,122 Net Sources and Uses $ 31,335 $ - $ - $ {15,050) Beginning Fund Balance $ 7,609 $ 7,609 $ 38,944 $ 38,944 Total Sources of Funds 118,490 143,472 145,600 115,072 Total Uses of Funds 87,155 143,472 145,600 130,122 Ending Fund Balance $ 38,944 $ 7,609 $ 38,944 $ 23,894 25 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 tormwater *un 2011 Adopted Revised Final Actual Budget Estimate Budget Interfand Transfers (To) / From General $ (68,403) $ (84,250) $ (88,790) $ (35,700) Highway Parks CIP 7,489 33,472 32,000 1,472 Water Storm FFA - Debt Open Space Old Impact Fee CTF Old Hire Pension Rplcmt. - Storm - - - - Rplcmt. - Streets Rplcmt. - Parks Rplcmt. - Fleet Rplcmt. - Bldg. Total $ (60,915) $ (50,778) $ 56,790) $ (34,228) As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 �ater Umn%nj 2011 Adopted Revised Final Actual Budget Estimate Budget Uses of Funds by Category Expenditures Engineering & Design Personnel - - Contractual Services $ 11,017 $ 22,500 Supplies & Services - - Repairs & Maint. - Minor Capital - Subtotal 11,017 22,500 Operations - Storm Personnel Contractual Services Supplies & Services Repairs & Maint. Minor Capital Subtotal Capital Outlay Capital Subtotal Total Expenditures $ 22,065 $ 10,000 22,065 10,000 - 500 245 2,750 2,745 245 3,250 2,745 39,705 500 12,745 52,950 7,489 33,472 32,000 31,472 7,489 33,472 32,000 31,472 $ 18,751 $ 54,222 $ 56,810 $ 94,422 27 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 2011 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments impact & Tap Fees Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Net Investment Income $ 45 $ 50 $ 55 $ 75 Misc 150 150 150 150 Total Revenue 195 200 205 225 Other Sources Lease Proceeds Interfund Transfers 140,700 140,000 145,000 127,225 Other - - - Total Sources of Funds $ 140,895 $ 140,200 $ 145,205 $ 127,450 Uses of Funds Expenditures Total Expenditures - - - _ Other Uses COP Payments Principal $ 80,000 $ 85,000 $ 85,000 $ 90,000 Interest 59,500 56,700 56,700 53,725 Interfund Transfers - - - Other 1,246 1,500 1,500 1,500 Total Other Uses 140,746 143,200 143,200 145,225 Total Uses of Funds Net Sources and Uses $ 149 $ (3,000) $ 2,005 $ (17,775) Beginning Fund Balance $ 21,739 $ 25,939 $ 21,888 $ 23,893 Total Sources of Funds 140,895 140,200 145,205 127,450 Total Uses of Funds 140,746 143,200 143,200 145,225 Ending Fund Balance $ 21,888 $ 22,939 $ 23,893 $ 6,118 28 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 2011 Adopted Revised Final Actual Budget Estimate Budget Interfund Transfers (To) / From General Highway Parks CIP Water Storm FFA Debt Open Space Old Impact Fee CTF Old Hire Pension Rplemt. - Storm Rplcmt. - Streets Rplcmt. - Parks Rplcmt. - Fleet Rplcmt. - Bldg. Total $ - $ - $ - $ - 100,700 90,000 105,000 107,225 40,000 50,000 40,000 20,000 $ 140,700 $ 140,000 $ 145,000 $ 127,225 29 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 "e , I �De�t Service 2011 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments $ 75,271 $ 74,114 $ 74,114 $ 79,629 Impact & Tap Fees Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Net Investment Income 53 75 43 75 Misc Total Revenue 75,324 74,189 74,157 79,704 Other Sources Lease Proceeds Interfund Transfers - - - Other Total Sources of Funds $ 75,324 $ 74,189 $ 74,157 $ 79,704 Uses of Funds Expenditures Total Expenditures - - - - Other Uses GO Debt Payments Principal $ 65,000 $ 65,000 $ 65,000 $ 70,000 Interest 10,105 6,888 6,888 3,605 Lease Payments lnterfund Transfers - - - - Other 1,544 1,600 1,468 1,662 Total Other Uses 76,649 73,488 73,356 75,267 Total Uses of Funds $ 73,488 $ 76,649 $ 73,356 $ 75,267 Net Sources and Uses $ 701 $ (1,325) $ 802 $ 4,437 Beginning Fund Balance $ 4,001 $ 2,563 $ 2,676 $ 3,478 Total Sources of Funds 75,324 74,189 74,157 79,704 Total Uses of Funds 76,649 73,488 73,356 75,267 Ending Fund Balance $ 2,676 $ 3,264 $ 3,478 $ 7,914 30 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 Open Space. 2011 Adopted Revised Final Actual Budget Estimate _ Budget Sources of Funds Taxes & Assessments $ 69,658 $ 50,000 $ 23,932 $ 39,990 Impact & Tap Fees Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Net Investment Income 52 50 35 50 Misc Total Revenue 69,709 50,050 23,967 40,040 Other Sources Lease Proceeds lnterfund Transfers - - _ _ Other 8,301 Total Sources of Funds $ 78,010 $ 50,050 $ 23,967 $ 40,040 Uses of Funds Expenditures Total Expenditures Other Uses Lease Payments Interfund Transfers $ 40,000 $ 50,000 $ 40,000 $ 20,000 Other Total Other Uses 40,000 50,000 40,000 20,000 Total Uses of Funds $ 40,000 $ 50,000 $ 40,000 $ 20,000 Net Sources and Uses $ 38,010 $ 50 $ (16,033) $ 20,040 Beginning Fund Balance $ 23,834 $ 29,884 $ 61,844 $ 45,811 Total Sources of Funds 78,010 50,050 23,967 40,040 Total Uses of Funds 40,000 50,000 40,000 20,000 Ending Fund Balance $ 61,844 $ 29,934 $ 45,811 $ 65,852 31 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 Open Space 2011 Adopted Revised Final Actual Budget Estimate Budget Interfund Transfers (To)1 From General Highway Parks CIP Water Storm FFA Debt Open Space Old Impact Fee CTF Old Hire Pension Rplcmt. - Storm Rplcmt. - Streets Rplcmt. - Parks Rplcmt. - Fleet Rplcmt. - Bldg. Total (40,000) (50,000) (40,000) (50,000) (40,000) (20,000) (40,000) (20,000) 32 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 2011 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits Intergovernmental $ 41,076 $ 42,000 $ 54,297 $ 42,000 Charges for Services Fines and Forfeits Net Investment Income 199 200 272 250 Misc Total Revenue 41,275 42,200 54,569 42,250 Other Sources Lease Proceeds Interfund Transfers - - - - Other Total Sources of Funds $ 41,275 $ 42,200 $ 54,569 $ 42,250 Uses of Funds Expenditures Total Expenditures - - - Other Uses Lease Payments Interfund Transfers $ 50,000 $ 50,000 $ 50,000 $ 50,000 Other Total Other Uses 50,000 50,000 50,000 50,000 Total Uses of Funds $ 50,000 $ 50,000 $ 50,000 $ 50,000 Net Sources and Uses $ 8,725 $ (7,800) $ 4,569 $ (7,750) Beginning Fund Balance $ 152,644 $ 145,252 $ 143,919 $ 148,488 Total Sources of Funds 41,275 42,200 54,569 42,250 Total Uses of Funds 50,000 50,000 50,000 50,000 Ending Fund Balance $ 143,919 $ 137,452 $ 148,488 $ 140,738 33 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 t 2011 Adopted Revised Final Actual Budget Estimate Budget Interfund Transfers (To)1 From General (50,000) (50,000) (50,000) (50,000) Highway Parks - - - - CIP Water Storm FFA Debt Open Space Old Impact Fee CTF Old Hire Pension Rplcmt. - Storm Rplcmt. - Streets Rplcmt. - Parks Rplcmt. - Fleet Rplcmt. - Bldg. Total (50,000) (50,000) (50,000) (50,000) 34 As of December 12. 2012 Town of Firestone 2013 Final Budget 2011 Actual 2012 Adopted Budget 2012 Revised Estimate 2013 Final Budget Sources of Funds Taxes & Assessments Impact & Tap Fees Licenses and Permits Intergovernmental $ 12,084 $ 7,091 $ 7,091 $ 8,439 Charges for Services Fines and Forfeits Net Investment Income 263 400 400 400 Misc Gains (Losses) 350 Total Revenue 12,697 7,491 7,491 8,839 Other Sources Interfund Transfers - - - Other Total Sources of Funds $ 12,697 $ 7,491 $ 7,491 $ 8,839 Uses of Funds Expenditures Total Expenditures Other Uses Interfund Transfers Other Total Other Uses $ 9,785 $ 9,690 $ 7,091 $ 8,439 9,785 9,690 7,091 8,439 Total Uses of Funds $ 9,785 $ 9,690 $ 7,091 $ 8,439 Net Sources and Uses $ 2,912 $ (2,199} $ 400 $ 400 Beginning Fund Balance $ 15,718 $ 13,519 $ 18,630 $ 19,030 Total Sources of Funds 12,697 7,491 7,491 8,839 Total Uses of Funds 9,785 9,690 7,091 8,439 Ending Fund Balance $ 18,630 $ 11,320 $ 19,030 $ 19,430 35 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 form rain Cmt. 2011 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments Licenses and Permits Intergovernmental Charges for Services Net Investment Income $ 70 $ 75 $ 51 $ 75 Misc Total Revenue 70 75 51 75 Other Sources Interfund Transfers - - - Other Total Sources of Funds S 70 $ 75 $ 51 $ 75 Uses of Funds Expenditures Total Expenditures - - - Other Uses Interfund Transfers - - - Other Total Other Uses - - - Total Uses of Funds - - - - Net Sources and Uses $ 70 $ 75 S 51 $ 75 Beginning Fund Balance 21,528 21,603 21,598 21,649 Total Sources of Funds 70 75 51 75 Total Uses of Funds - - - - Ending Fund Balance $ 21,598 $ 21,b78 $ 21,649 S 21,724 36 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 treetfcm . 2011 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments Licenses and Permits Intergovernmental Charges for Services Net Investment Income $ 214 $ 200 $ 157 $ - Misc Total Revenue 200 157 - 214 Other Sources Interfund Transfers - - - - Other Total Sources of Funds $ 214 $ 200 $ 157 $ - Uses of Funds Expenditures Total Expenditures - - - - Other Uses Interfund Transfers - - 66,500 Other Total Other Uses - - - 66,500 Total Uses of Funds - - - 66,500 Net Sources and Uses $ 214 $ 200 $ 157 $ 66,500 Beginning Fund Balance $ 66,350 $ 66,550 $ 66,564 $ 66,722 Total Sources of Funds 214 200 157 - Total Uses of Funds - - - 66,500 Ending Fund Balance $ 66,564 $ 66,750 $ 66,722 $ 222 37 As of December 12, 2012 I Town of Firestone 2013 Final Budget 2012 2012 2013 [ tree lem . 2011 Adopted Revised Final Actual Budget Estimate Budget Interfund Transfers (To)/ From General Highway Parks CIP Water Storm FFA Debt Open Space Old Impact Fee CTF Old Hire Pension Rplcmt. - Storm Rplcmt. - Streets Rplcmt. - Parks Rplcmt. - Fleet Rplcmt. - Bldg. (66,500) Total (66,5005 38 As of December 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 111P,70s Vcmt. 2011 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments Licenses and Permits Intergovernmental Charges for Services Net Investment Income $ 43 $ 40 $ 31 $ 40 Misc Total Revenue 43 31 40 40 Other Sources Interfund Transfers - - - - Other Total Sources of Funds $ 43 $ 40 $ 31 $ 40 Uses of Funds Expenditures Total Expenditures - - - - Other Uses Interfund Transfers - - - Other Total Other Uses - - - - Total Uses of Funds - - - - Net Sources and Uses $ 43 $ 40 $ 31 $ 40 Beginning Fund Balance $ 13,270 $ 13,310 $ 13,313 $ 13,344 Total Sources of Funds 43 40 31 40 Total Uses of Funds - - - - Ending Fund Balance , $ 13,313 $ 13,350 $ 13,344 $ 13,384 39 As of December 12, 2012 Town of Firestone 2013 Final Budget ee cm . 2011 Actual 2012 Adopted Budget 2012 Revised Estimate 2013 Final Budget Sources of Funds Taxes & Assessments Licenses and Permits Intergovernmental Charges for Services Net Investment Income $ 43 $ 40 $ 31 $ 40 Misc Total Revenue 43 40 31 40 Other Sources Interfund Transfers - - - - Other Total Sources of Funds $ 43 $ 40 $ 31 $ 40 Uses of Funds Expenditures Total Expenditures - - - - Other Uses Interfund Transfers - - - - Other Total Other Uses - - - - Total Uses of Funds - - - - Net Sources and Uses $ 43 $ 40 $ 31 $ 40 Beginning Fund Balance $ 13,270 $ 13,310 $ 13,313 $ 13,344 Total Sources of Funds 43 40 31 40 Total Uses of Funds - - - - Ending Fund Balance $ 13,313 $ 13,350 $ 13,344 $ 13,384 40 As of Deoember 12, 2012 Town of Firestone 2013 Final Budget 2012 2012 2013 jP`Uil'Zl1ngjKP1VtMT. 1 1 1 Adopted Revised Final Actual Budget Estimate Budget Sources of Funds Taxes & Assessments Licenses and Permits Intergovernmental Charges for Services Net Investment Income $ 43 $ 40 $ 31 $ 40 Misc Total Revenue 43 31 40 40 Other Sources Interfund Transfers - - - - Other Total Sources of Funds $ 43 $ 40 $ 31 $ 40 Uses of Funds Expenditures Total Expenditures - - - - Other Uses Interfund Transfers - - - Other Total Other Uses - - - - Total Uses of Funds - - - - Net Sources and Uses $ 43 $ 40 $ 31 $ 40 Beginning Fund Balance $ 13,270 $ 13,310 $ 13,313 $ 13,344 Total Sources of Funds 43 40 31 40 Total Uses of Funds - - - - Ending Fund Balance $ 13,313 $ 13,350 $ 13,344 $ 13,384 41 Town of Firestone Changes In 2013 Budget from October 17, 2012 to December 12, 2012 Fund 10/17/2012 12/5/2012 1 Difference I Amount I Reason Account General Revenue 4,966,088 4,972,643 6,555 6,555 Increase in property tax valuation (based on final AV received from Weld County) 1000.311010 Expenditures 4,839,1OS 4,958,531 19,423 3,000 Increase in survey casts 1000.440D00.242 6,000 Increase in van converslon and necessary repairs for administration vehicles 1000.450600.947 10,423 Increase in PD overtime and benefits associated with overtime 1000.420100.120 19,423 nrgnway Revenue 1,815,958 1,825,458 9,500 9,50D Transfer from impact fees for street light 2820.383200 Expenditures 1,930,848 1,990,348 59,500 50,00o Shift $50k from 2012 to 2013 for chip seal 2820.430200.203 9,500 Street light at WCR 19 & 24 2820.450700.958 59,500 Park Revenue 178,150 72,150 (107,000) 1D7,000 Removed Central Park jogging trail $22kand Disk Golf Course $85k- impact fee transfer - 2530.383215 Expenditures 220,870 88,870 (132,000) 107,000 Removed Central Park jogging trail $22k and Disk Golf course $85k 2830.460400.947 25,000 Removed Hart Park playground equipment 2830.460400.949 132,D00 Debt Service Fund Revenues 79,709 79,704 (5) (5) Decrease in amount allocated from property tax levy 3000.311010 Cap Impr Revenue 625,615 807,244 181,629 26,203 Roadway tmpact Fee -change in amount over 65 units- 4000.343200 19,149 Dratnage Impact Fee- cha nge in a mount eve r 65 units 4000.34330o 16,216 Regional Parks Impact Fee - change in amount ever 65 units 4000.343400 46,387 New Administration Building - change In amount over 65 units 4000.343550 (48,912) Undergrounding Impact Fee - removed from impact fees charged 4000.343600 122,486 Raw Water Irrigation Impact Fee - added to impact fees charges to be assigned 181,629 Expenditures 1,78D,197 1,289,597 9,500 9,500 transfer to highway fund for street light 4000.521000.825 Water Expenditures 3,099,438 3,195,436 95,998 76,449 To increase activity for the new automated meter reading (AMR) system 5210.430540.947 1,000 Conservation program 5210,430530.270 10,000 Increase in van conversion and necessary repairs for administration vehicles 5210.430540,947 8,550 Annual cost for radio tower ($950 per month starting April 2013) related to AMR system 5210.420530.270 95,998 Stormwater Fund Expenditures 115,070 130,122 15,052 90,000 Old Town drainage project 5250.430545,947 (14,948) Reduction in consultant engineering expense No change: Old Impact Fee Fund Finance Authority Fund Stormwater Replacement Street & Highways Replacement Park Replacement Fleet Replacement Buldling Replacement Conservation Trust Open Space Fund Old Hire Pension Plan Urban Renewal Authority Town of Firestone - Water Fund Unrestricted, Board Designated Net Assets - Northern Integrated Supply Project (NISP) 2009-2012 Year 2008 Increase for Increase for Increase for Increase for Total %for Increase Dollars Year Total Sales I % 1 2009 (%) 1 2010 (%} 1 2011 (%) 2012 (%) I year 1 2008 Dollars I Only I NISP Portion* 2009 S 1,731,161.40 100.0% 2010 $ 2,148,522.18 100.0% 2011 $ 2,227,443.52 100.0% 2012** $ 2,573,030.58 100.0% Year Donor 16.0% 16.0% 12.5% 16.0% 12.5% 0.0% 16.0% 12.5% 0.0% 3.5% 116.0% 5 1,492,380.52 5 238,780.88 5 119,390.44 128.5% $ 1,672,001.70 $ 476,520.48 $ 238,260.24 128.5% $ 1,733,419.08 $ 494,024.44 $ 247,012.22 132.0% $ 1,949,265.59 $ 623,764.99 $ 311,882.49 Total NISP Unrestricted, Board Designated Net Assets from water Rates Cash in Lieu 2008 Auto Zone 20,000,00 2008 Shores Filing 1 190,000.00 2008 Imagine charter School at Firestone 160,000.00 2012 Agra Holding - building expansion 8,900.00 Total NISP Unrestricted, Board Designated Net Assets from Cash in Lieu Paid Total Unestricted, Board Designated Net Assets for NISP * Fifty percent (50%) of the calculated increase in rates will be considered as Board Designated for future Northern Integrated Supply Project costs to be incurred in the future. ** Estimated total sales forfiscal year 2012 using year-to-date sales through November of $2,459,283.58 plus the Decembe estimated sales of $113,747.00 , or $2,573,030.58. Note 1: One hundred percent of cash in lieu received by the Town, both historically and for the forseeable future, will be reserved for costs associated with the NISP project. Note 2: Costs incurred for the NISP project will be a reduction in the restriction beginning in fiscal year 2013. $ 370,000.00 $ 8,900.00 RESOLUTION NO. 12--jF_ 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 2013 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 12, 2012; 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 1T 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 $ 4,858,531 Park Fund Total Park Fund Expenditures & Transfers $ 88,870 Conservation Trust Fund Total Conservation Trust Fund Expenditures & Transfers $ 50,000 Highway and Streets Fund Total Street and Highway Fund Expenditures & Transfers $ 1 990,348 Water Fund Total Water Fund Expenditures & Transfers $ 3,195,436 Stormwater Fund Total Stormwater Fund Expenditures & Transfers $ 130,122 Impact Fee Fund (old; per Ord. 347 and Res. 96-23) Total Impact Fund (old) Expenditures & Transfers $ 133,917 Capital Improvement Fund Total Capital Improvement Fund Expenditures & Transfers $ 1,289,697 Debt Service Fund Total Debt Service Fund Expenditures & Transfers Open Space Trust Total Open Space Trust Fund Expenditures & Transfers Pension Fund (Old Hire Plan) Total Pension Fund Expenditures & Transfers Firestone Finance Authority Fund Total Firestone Finance Authority Fund Streets Replacement Fund Total Streets Replacement Fund Firestone Urban Renewal Authority Total Firestone Urban Renewal Authority Fund $ 75,267 $ 20,000 $ r�S439 $ 145,225 $ 66,500 $ 43,715 $12,096,068 INTRODUCED, READ, and ADOPTED this 12th day of December, 2012. TowN F ` SRAL Q L Q Attest: G 2) Le4t-'2t I Rebecca Toberman, Town Clerk TOWN OF FIRE TONE Chad Auer, Mayor 2 RESOLUTION NO. 12-_3a A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE 2012 TAX YEAR, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2013 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Firestone on December 12, 2012 adopted the annual budget for the 2013 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 2013 budget year; and WHEREAS, due to the approval of ballot issue 2A on November 3, 1998, the Town of Firestone issued general obligation bonded debt in 1999 for the purpose of constructing a new town hall; and WHEREAS, the amount of money necessary for the debt service payment due in 2013 on the approved general obligation bonded debt is $79,629; and WHEREAS, the 201.2 valuation for assessment for the Town of Firestone as certified by the County Assessor is $142,320,680; 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 2013 budget year by December 15, 2012, and by this Resolution desires to so certify its general mill levy and bonded debt mill levy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting al I general operating expenses of the Town of Firestone during the 2013 budget year, there is hereby levied a tax of 6.245 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2012. Section 2. That for the purpose of meeting payments for bonded indebtedness of the Town of Firestone during the 2013 budget year, there is hereby levied a tax of .560 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2012. Section 3. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levy for the Town of Firestone as herein above determined and set. INTRODUCED, READ, and ADOPTED this 12th day of December, 2012. TOWN OF FIRESTONE, COLORADO ��RES 7pN TOWN C U 3 SEAL ) Chad Auer, Mayor Attest: 4Q O �OUWY.� GOB I T Rebecca Toberman, Town Clerk 2 RESOLUTION NO. I' , -'A v A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE, COLORADO AND COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT WHEREAS, the Town of Firestone Board of Trustees on October 14, 2004, adopted Resolution No. 04-45 approving a service plan for the Cottonwood Hollow Commercial Metropolitan District (the "Original Service Plan"); and WHEREAS, the Town of Firestone Board of Trustees 'on October 10, 2012, adopted Resolution No. 12-27 approving the First Amendment to Service Plan for the Cottonwood Hollow Commercial Metropolitan District (the "Amended Service Plan"); the Original Service Plan and Amended Service Plan are referred to collectively as the "Service Plan"; and WHEREAS, the Original Service Plan makes reference to and requires the execution of an intergovernmental agreement between the Town and the District, and Resolution No. 12-27 requires the execution of such an intergovernmental agreement in connection with the approval of the Amended Service Plan; and WHEREAS, the District has executed and forwarded to the Town an intergovernmental agreement that complies with the Service Plan, and the Town desires to approve the agreement and authorize its execution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Intergovernmental Agreement By and Between the Town of Firestone, Colorado and Cottonwood Hollow Commercial Metropolitan District (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 terms and conditions of the Agreement are not altered. k� INTRODUCED, READ, an �_ D this 1a day of J)e ce2012. if `f -Tow► TOWN OF FIRESTONE, COLORADO sV ,ATTEST'. rah ��Li t c V'"•••" G�� Cha Auer Rebecca lob-ermr-� Tdtr� Mayor INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE, COLORADO AND COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT This INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into this day of November 2012, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (the "Town"), and COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado (the "District"), collectively referred to herein as the "Parties". RECITALS WHEREAS, the District was organized to finance, acquire, design, construct and install certain facilities, and to exercise powers, all as are more specifically set forth in the District's Service Plan, dated October 13, 2004, and approved by the Town on October 14, 2004, by Resolution No. 04-45 (the "Original Service Plan"); and WHEREAS, the District's First Amendment to Service Plan, dated September 20, 2012, was approved by the Town on October 10, 2012 by Resolution No. 12-27 (the "Amended Service Plan). The Original Service Plan and Amended Service Plan may be referred to collectively as the "Service Plan." WHEREAS, the Original Service Plan makes reference to and requires the execution of an intergovernmental -agreement between the Town and the District; and WHEREAS, the Town and the District have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Agreement; NOW, THEREFORE, for and in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. APPLICATION OF LOCAL LAWS. The District hereby acknowledges that the property within its boundaries shall be subject to all ordinances, rules and regulations of the Town, including without limitation, ordinances, rules and regulations relating to zoning, subdividing, building and land use, and to all related Town land use policies, master plans, related plans and intergovernmental agreements. 2. NATURE OF DISTRICT. The District agrees that it is organized for the put -pose of financing certain public improvements for the area within its boundaries only Cottonwood Hollow) CommercialService Plan 7LG 1541 6739.OW3 (except to the extent otherwise specifically provided in Article V.c. of the Amended Service Plan), which area is designated as the proposed Cottonwood Hollow development, and that the District's purposes, powers, facilities and activities are to be limited and governed by the Service Plan. The District is not intended to and shall not provide facilities or service outside its boundaries (except as otherwise specifically provided in Article V.c. of the Amended Service Plan). Further, the District is not intended to and shall not exist perpetually, but instead shall be dissolved in accordance with the Service Plan and this Agreement. The District shall not provide any services or facilities within any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. 3. CHANGE IN BOUNDARIES. The District agrees that, as set forth in the Service Plan, inclusion of properties within, or any exclusion of properties from, its boundaries shall constitute a material modification of the Service Plan; any purported inclusion or exclusion that has not been approved by the Town pursuant to the procedures applicable to a material modification of the Service Plan shall be void and of no effect. 4. TOWN APPROVAL REQUIREMENTS; REVIEW OF DISTRICT SUBMITTALS. The District agrees that any Town approval requirements contained in the Set -vice Plan (including, without limitation, any Service Plan provisions requiring that any change, request, action, event or occurrence be treated as a Service Plan amendment proposal or be deemed a "material modification" of the Set -vice Plan) shall remain in full force and effect, and such Town approval shall continue to be required, notwithstanding any future change in law modifying or repealing any statutory provision concerning service plans, amendments thereof or modifications thereto. The District agrees to reimburse the Town for all reasonable administrative and consultant costs incurred by the Town for any Town review of reports, plans, submittals, proposed modifications or requests for administrative approvals, or other materials or requests provided to the Town by the District pursuant to the Service Plan, this Agreement, state law or the Firestone Municipal Code. The Town may require a deposit of such estimated costs. 5. OWNERSHIP OF IMPROVEMENTS. The Parties agree that the District shall not be permitted to undertake ownership, operation or maintenance of any public improvements, facilities or services, except as specifically set forth in the Service Plan. b. ALLOCATION OF FINANCING PROCEEDS. The Parties agree, and the Town's approval of the Service Plan is expressly conditioned upon the requirement, that a total of Nine Hundred Five Thousand One Hundred. Eighty -Five Dollars ($905,185.00) will be allocated from the District's net general obligation bond financing proceeds to the Town's capital improvements fund, which proceeds shall be paid to the Town at the time proceeds are realized from the issuance of general obligation bonds as provided for in the Service Plan, Such allocations shall be made in the amounts and at the times set forth in Article V,c. of the Amended Service Plan, which Article is incorporated herein by reference as though set forth in full. Such allocations may be used by the Town to finance capital improvements (either within or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct; and for which the District is authorized to incur indebtedness i.e., streets, traffic safety controls, street lighting, water, storm drainage, park and recreation or landscaping improvements and facilities, which improvements shall be of benefit to the Town and the District and shall be specifically identified in an amendment to this Agreement which amendment shall be fully executed prior to the issuance of any District general obligation bonds. The District acknowledges and agrees that the provisions of this Agreement and the provisions of the Service Plan for concurrent allocation of general obligation bond proceeds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of the District's Service Plan, and that the Town has relied thereon in approving the District's Service Plan. Therefore, the District agrees that it shall include in and make available from the District's general obligation bond financing proceeds such Nine Hundred Five Thousand One Hundred Eighty -Five Dollars ($905,185.00) to be paid to the Town's capital improvements fund. The District further agrees that it shall not issue general obligation bonds without concurrently allocating and delivering to the Town the funds required by Article V.c of the Amended Service Plan. The District further agrees that such delivery of general obligation bond proceeds to the Town shall be a condition of closing for each series of general obligation bonds. The District specifically agrees that the provisions of this Agreement and of the Service Plan for such concurrent allocation of general obligation bond proceeds to the Town shall run in favor of and shall be enforceable by the Town. The District represents and warrants that it has obtained all voter authorizations necessary to implement such provisions of this Agreement and the Service Plan, and that it will exercise its powers in accordance with and in furtherance of such provisions. 7. CONSOLIDATION. The District shall not file a request with the District Court to consolidate with another district without the prior written approval of the Town. 8. DISSOLUTION. The District agrees that it shall take all action necessary to dissolve the District upon payment or defeasance of the District's bonds or otherwise upon the request of the Town, all as provided in the Service Plan. 9. NOTICE OF MEETINGS. The District agrees that it shall submit a copy of the written notice of every regular, special meeting and work session of the District's Board of Directors to the Office of the Firestone Town Administrator, by mail, facsimile, electronic mail or hand delivery, to be received at least three (3) days prior to such meeting. The District agrees that it shall also submit a complete copy of meeting packet materials for any such meeting to the Office of the Firestone Town Administrator, by mail, facsimile, electronic mail or hand delivery, to be received at least one (1) day prior to such meeting. 10. ANNUAL REPORT. The District shall be responsible for submitting an annual report to the Town pursuant to and including the information set forth in Article VU of the Original Service Plan. 11. ENTIRE AGREEMENT OF THE PARTIES. This written agreement, together with the Service Plan, constitutes the entire agreement between the Parties and supersedes all prior written or oral agreements, negotiations, or representations and understandings of the Parties with respect to the subject matter contained herein. 12. AMENDMENT. This Agreement may be amended, modified, changed or terminated in whole or in part only by a written agreement duly authorized and executed by the Parties hereto and without amendment to the Service Plan. 13. ENFORCEMENT. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. 14. VENUE. Venue for the trial of any action arising out of any dispute hereunder shall be in Weld County District Court, 15. BENEFICIARIES. Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the named parties and is not intended to, and shall not be deemed to, confer any rights upon any persons or entities not named as parties. 16. EFFECT OF INVALIDITY. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforeeability shall not cause the entire agreement to be terminated. Further, with respect to any portion so held invalid or unenforceable, the District and Town agree to take such actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. 17. ASSIGNABILITY. Other than as specifically provided for in this Agreement, neither the Town nor the District shall assign their rights or delegate their duties hereunder without the prior written consent of the other Parties. 18. SUCCESSORS AND ASSIGNS. Subject to Paragraph 17 hereof, this Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 19. NO ASSESSMENT OF TOWN PROPERTY. The District acknowledges and agrees that any property owned by the Town shall be exempt from any assessment imposed by the District. The District shall not impose any special assessment or other assessment on any right-of-way or property owned by or to be dedicated to the Town, nor shall any such right-of- way or other property be included in any special assessment district established by the District. [Remainder of page intentionally left blank], n it COTTONWOOD HOLLOW COMMERCIAL METROPOLITAN DISTRICT Y. Miles rl President TOWN OF FIRESTONE RESOLUTION NO. ILL A RESOLUTION APPROVING AN AGREEMENT,, WITH THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR PARTICIPATION IN THE 2012-2013 REGIONAL TRANSMISSION AND TREATMENT STUDY WHEREAS, a number of northern Colorado towns and cities have expressed interest in exploring the feasibility of a future joint water transmission and water treatment system; and WHEREAS, there has been proposed among such town and cities and the Northern Colorado Water Conservancy District (NCWCD) an agreement under which NCWCD would engage a consultant to undertake a pre -feasibility evaluation of alternatives for such a system, with participating towns and city and NCWCD to contribute to the costs of such study; and WHEREAS, the Town by this resolution desire to approve the agreement and authorize its execution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the Agreement with the Northern Colorado Water Conservancy District for Participation in the 2012-2013 Regional Transmission and Treatment Study (the "Agreement"), a copy of which accompanies this Resolution. Section 2. The Mayor and Town Clerk are authorized and directed to execute such Agreement on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. Section 3. The Town Manager, Town Engineer and Town staff are authorized and directed to take all actions as are necessary or appropriate to perform the obligations of the Town under the Agreement or implement the provisions thereof, including without limitation participation in the study group contemplated in the Agreement. INTRODUCED, READ, and ADOPTED this I1.� day of r ebtmK 2012. ESTO TOWN OF FIRESTONE, COLORADO �HF TQWN ATTEST: SEAL i Q Chad Auer, Mayor . G �. 1 _ 1 Rebecca Toberman, Town Clerk AGREEMENT WITH THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR PARTICIPATION IN THE 2012-2013 REGIONAL TRANSMISSION AND TREATMENT STUDY This Agreement is made and entered into as of , 2012, by and between the Northern Colorado Water Conservancy District (a quasi -municipal entity and political subdivision of the State of Colorado), whose address is 220 Water Avenue, Berthoud, Colorado 80513 ("Northern Water"), and the Town of Firestone, whose address is 151 Grant Ave., P.O. Box 1.00, Firestone, Colorado, 80520-0100 ("Participant"). Recitals A. The scope and purpose of the 2012-2013 Regional Transmission and Treatment Study ("Study") are described in Exhibit A attached hereto. B. Overall Study costs, which are estimated to total $200,000, will be shared between Participant, other participants which enter into this Agreement, and Northern Water. Approximately $130,000 of Study costs will be divided equally among the participants in the Study as described in Exhibit B attached hereto.' Each Participant will contribute $11,818 to the Study. Northern Water is not a participant in the Study as such term is used in this Agreement. Northern Water will contribute its own funds to the Study in an amount approximately equal to $70,000. C. Any participant which joins the Study as a participant after this Agreement is executed and is not listed in Exhibit B will be charged the same cost to participate in the Study as all other participants. D. Any unspent participant contributions to the Study will be refunded to the participant entities based upon the participant entities' contributions to the Study. Agreement 1. Participant agrees to participate in the 2012-2013 Regional Transmission and Treatment Study. A description of the scope and purpose of the Study is attached hereto as Exhibit A. 2. For the purpose of cost allocation in the Study, Participant agrees to share the cost of the Study equally with all other participants. Attached hereto as Exhibit B is a table showing the equal share of the costs of the Study for each participant. Participant agrees to provide to Northern Water funds for its equal share of the costs necessary to complete the Study. Northern Water estimates that Participant's pro rats share of the costs of the Study is $11,818. Participant will pay Northern Water its equal share of the Study's costs on or before Dec. 18, 2012. These estimated costs will not be increased or exceeded without the prior written approval of Participant. However, if the Study cannot be completed within these estimated costs, Northern Water is not obligated to complete the Study for the benefit of Participant unless sufficient additional funds as determined by Northern Water are provided by Participant. 4. Participant funds that are not expended to complete the Study will be rebated back to each participant in equal shares based upon each participant's contribution of funds to the Study. 5. In the event that Participant fails to make the payment set forth above at the specified time, Northern Water shall have the right to terminate this Agreement and cease all work on the Study for the benefit of Participant. Northern Water shall give Participant thirty (30) days' advance written notice of its intention to terminate this Agreement and cease work on the Study for Participant's benefit under this paragraph. Participant shall have until the end of said 30-day period in which to make all past due payments in full in order to cure its default hereunder. Participant shall in any event be responsible for its equal share of costs of the Study actually incurred by Northern Water up to the date of termination of this Agreement. b. Northern Water agrees to diligently pursue completion of the Study in good faith to the extent that funds therefor are provided by the Participant under this Agreement and by other participants under similar agreements. By entering into this Agreement and accepting payments from Participant, Northern Water does not obligate itself to, nor does Northern Water warrant, that it will proceed with any subsequent studies or implementation efforts beyond the Study. 7. In the event of termination of the Study, Participant shall not be entitled to any return of funds paid to Northern Water for the Study, unless payments by participants exceed Northern Water's costs, in which case a pro rata refund will be made. 8. In the event that this Agreement is terminated for any reason, Northern Water shall have no further obligations to Participant, except as provided in Paragraphs 4 and 7 above for those participants who have not been terminated under paragraph 5 above. 9. Notwithstanding any other provision of this Agreement to the contrary, the Participant's maximum financial obligation under this Agreement shall be the payment of $11,818 set forth in paragraph 3 above. The Participant shall have the right to terminate this Agreement at any time. In the event of such termination, each of the parties hereto shall be immediately released from all obligations recited herein as if this Agreement had not been entered into, except that Participant shall be entitled to a return of funds paid to Northern Water as provided in paragraph 8 above. 10. This Agreement is the entire agreement between Northern Water and Participant regarding participation in the Study and shall be modified by the parties only by a duly executed written instrument approved by Participant and Northern Water's Board of Di rectors. K 11. This Agreement is subject to approval by Northern Water's Board of Directors and shall become binding on Northern Water only upon such approval. TOWN OF FIRESTONE NORTHERN COLORADO WATER CONSERVANCY DISTRICT By: By:_ Name: Name: Title: Title: 3 Exhibit A 2012-2013 REGIONAL TRANSMISSION AND TREATMENT STUDY SCOPE AND PURPOSE A number of northern Colorado towns and cities have expressed interest in exploring the feasibility of a future joint water transmission and water treatment system. While all of these entities are able to provide for their present demands, the need for future additional water conveyance and treatment capacity is certain given the planned growth within the region. A study group has formed to begin this process. Northern Water has taken a coordination role to help facilitate this process. An engineering consultant will be retained to perform a pre -feasibility evaluation of alternatives to meet the needs of the interested entities. The general project scope is as follows: 1. The study will evaluate the needs of the interested participants. 2. The study will determine existing transmission capacity both from Horsetooth Reservoir and Carter Lake Reservoir. 3. The study will provide a planning level budget of potentially feasible options; a preferred project will not be identified. 0 Exhibit B Regional Transmission and Treatment Study 2012-2013 Northern Colorado Water Conservancy District Regional Transmission and Treatment Study, 2012-2013 Percent of Participant 2012-2013 Participant Participant Share of Project* Share of Cost Town of Windsor 9.09% $ 11,818 Town of Severance 9.09% $ 11,818 Town of Eaton 9.09% $ 11,818 City of Evans -9.09% $ 11,818 Town of Milliken 9.09% $ 11,818 City of Loveland 9.09% $ 11,818 Town of Firestone 9.09% $ 11,818 Town of Frederick 9.09% $ 11,818 Little Thompson Water District 9.09% $ 11,818 Central Weld County Water District 9.09% $ 11,818 Fort Collins — Loveland Water District 9.09% $ 11,818 100.00% $ 130,000 *Not including the additional share which will be contributed by Northern Colorado Water Conservancy District out of its own funds. W RESOLUTION NO. 12-_9 2, A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE KURTZ RANCH ANNEXATION NOS. 1 AND 2 TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Kurtz Ranch Annexation Nos.1 and 2 has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. 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. 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, JanuaKy 23 2013 at 6:30 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. rNTRODUCED, READ, and ADOPTED this 12`h day of December, 2012. ir ( L.) Chad Auer $ Mayor ATTEST: o i' O �O��NTY Rebecca Toberman Town Clerk 12112/2012 12:07 PM[kmk]S:Tirestane\Annexation\Kurtz Ranch%Su6Comp.res.doc 2 EXHIBIT A LEGAL DESCRIPTION Kurtz Ranch Annexation Nos. 1 and 2 A description of the KURTZ RANCH ANNEXATIONS located in Sections 16, 17, 20, 21, 28, 29, 32 and 33, T3N, R67W of the 6th P.M., in Weld County, Colorado. LEGAL DESCRIPTION — KURTZ RANCH ANNEXATION NO. 1 A tract of land located in Sections 21, 28, 29, 32 and 33, T3N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the SE Corner of the W1/2 of the E1/2 of said Section 32 from which the NE Corner of said W1/2 of the E1/2 of Section 32 bears N00°43'43"W, 5282.52 feet (Basis of Bearing); thence N00°43'43"W, 1709.75 feet along the East Line of said W1/2 of the E1/2 of Section 32 to a Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone and the POINT OF BEGINNING; Thence S89°16'17"W, 30.00 feet along said Northerly Line being also contiguous with the Town of Firestone Corporate Boundary to the Westerly Right -of -Way Line of Weld County Road 17; Thence N00°43'43"W, 3573.20 feet along said Westerly Right -of -Way Line of Weld County Road 17 to the South Line of the SE1/4 of said Section 29; Thence N00°20'59"W, 30.00 feet continuing along said Westerly Right -of -Way Line of Weld County Road 17 to the Northerly Right -of -Way Line of Weld County Road 28; Thence S89°5518"E, 13 66.3 6 feet along said Northerly Right -of -Way Line of Weld County Road 28 to the West Line of the SW1/4 of said Section 28 being also the Centerline of Weld County Road 17; Thence N00°48'50"W, 2590.35 feet along said West Line of the SWIA of Section 28 being also said Centerline of Weld County Road 17 to the SW Corner of the NW1/4 of said Section 28; Thence N00°48'50"W, 667.34 feet along the West Line of said NW I/4 of Section 28 and continuing along said Centerline of Weld County Road 17 to an angle point thereon; Thence N11°03'07"E, 361.73 feet continuing along said Centerline of Weld County Road 17 to the Centerline of the Former Union Pacific Railroad; Thence N29°41' 19"E, 4184.63 feet along said Centerline of the Former Union Pacific Railroad to a point of curve to the left thereon; 3 Thence 590.43 feet along the arc of said curve continuing along said Centerline of the Former Union Pacific Railroad, said arc having a radius of 3819.83 feet, a central angle of 8°5122", and being subtended by a chord which bears N25°15'38"E, 589.84 feet to a non -tangent point; Thence S69° 10'04"E, 100.00 feet to a non -tangent point of curve to the right on the Easterly Right -of -Way Line of said Former Union Pacific Railroad; Thence 605.89 feet along the arc of said curve concave to the Northwest, along said Easterly Right -of -Way Line of the Former Union Pacific Railroad, said arc having a radius of 3919.83 feet, a central angle of 8°51'22", and being subtended by a chord which bears S25°15'38"W, 605.29 feet to a point of tangency; Thence S29°41' 19"W, 2277.17 feet continuing along said Easterly Right -of -Way Line of the Former Union Pacific Railroad to an angle point thereon on the North Line of the NW1/4 of said Section 28; Thence N89°58'02"W, 28.77 feet along said North Line of the NW1/4 of Section 28 and continuing along said Easterly Right -of -Way Line of the Former Union Pacific Railroad to an angle point thereon; Thence S29°41'19"W, 2021.74 feet continuing along said Easterly Right -of -Way Line of the Former Union Pacific Railroad to the Easterly Right -of -Way Line of said Weld County Road 17; Thence Sl 1°03'07"W, 212.88 feet along said Easterly Right -of -Way Line of Weld County Road 17 to an angle point thereon; Thence S00°48'50"E, 664.72 feet continuing along said Easterly Right -of -Way Line of Weld County Road 17 to the North Line of the SW1A of said Section 28; Thence S00°48'50"E, 2620.36 feet continuing along said Easterly Right -of -Way Line of Weld County Road 17 to the North Line of the NW1/4 of said Section 33 Thence S00°35'13"E, 30.00 feet continuing along said Easterly Right -of -Way Line of Weld County Road 17 to the Southerly Right -of -Way Line of said Weld County Road 28; Thence N89°50'46"W, 30.00 feet along said Southerly Right -of -Way Line of Weld County Road 28 to the Northeast Corner of Heintzelman Pit Annexation No. 3 to the Town of Firestone; Thence N89°55'18"W, 1306.52 feet continuing along said Southerly Right -of -Way Line of Weld County Road 28 being also the Northerly Line of said Heintzelman Pit Annexation No. 3 to the Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to said Easterly Right -of -Way Line of Weld County Road 17, being also the Northwest Corner of said Heintzelman Pit Annexation No. 3 to the Town of Firestone; 4 Thence S00°43'43 "E, 617.61 feet along said Easterly Right -of -Way Line of Weld County Road 17 being also the Westerly Line of said Heintzelman Pit Annexation No. 3 to the Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary; Thence leaving said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town of Firestone S00°43'43 "E, 413.15 feet and continuing along said Easterly Right -of -Way Line of said Weld County Road 17 to said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town of Firestone; Thence S00°43'43"E, 2511.59 feet continuing along said Easterly Right -of -Way Line of said Weld County Road 17 being also said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to said Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone; Thence S89°16'17"W, 30.00 feet along said Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to the POINT OF BEGINNING. Area = 838,258 square feet (19.244 acres), more or less. LEGAL DESCRIPTION — KURTZ RANCH ANNEXATION NO.2 A tract of land located in Sections 16, 17, 20, 21, 28, and 29, T3N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the SE Cornor said Section 29 from which the Et/4 Corner of said Section 29 bears N00°48'50"W, 2620.36 feet (Basis of Bearing); thence N00°48'50"W, 30.00 feet along the East Line of the SETA of said Section 29 to the Northerly Right -of -Way Line of Weld County Road 28 being also a Northerly Line of Kurtz Ranch Annexation No. 1 and the POINT OF BEGINNING; Thence N89°55'18"W, 3 0. 00 feet along said Northerly Right -of -Way Line of Weld County Road 28, being also said Northerly Line of Kurtz Ranch Annexation No. 1, and being also contiguous with the Town of Firestone Corporate Boundary to the Westerly Right -of -Way Line of Weld County Road 17; Thence N00°48'50"W, 2590.32 feet along said Westerly Right -of -Way Line of Weld County Road 17 to the South Line of the NE1/4 of said Section 29; Thence N00°48'50"W, 1040.74 feet continuing along said Westerly Right -of -Way Line of Weld County Road 17 to the Westerly Right -of Way Line of the Former Union Pacific Railroad; Thence N29°41' 19"E, 59.10 feet along said Westerly Right -of Way Line of the Former Union Pacific Railroad to an angle point thereon on the West Line of the NW 1 /4 of said Section 28; 5 Thence N00°48'50"W, 98.51 feet along said West Line of the NWIA of Section 28 and continuing along said Westerly Right -of Way Line of the Former Union Pacific Railroad to an angle point thereon; Thence N29°4VI 9"E, 2694.43 feet continuing along said Westerly Right -of Way Line of the Former Union Pacific Railroad to the Northeasterly Corner of the Parcel described at the Warranty Deed recorded October 1, 1974 in Book 724 at Reception No. 1645816 of the Weld County records; Thence N60°18'41 "W, 45.00 feet along the Northerly Line of said Parcel described in Book 724 at Reception No. 1645816 to the Northwesterly Corner thereof; Thence S29°4V19"W, 980.89 feet along the Westerly Line of said Parcel described in Book 724 at Reception No. 1645816 to the Northerly Right -of -Way Line of Colorado State Highway 66; Thence Westerly along said Northerly Right -of -Way Line the following eight (8) courses: 1) N68°10'16"W, 23.26 feet; 2) N87°14'13"W, 811.26 feet; 3) N87°14'13"W, 494.45 feet; 4) N00° 1 729"E, 40.00 feet; 5) N89°42'31"W, 325.00 feet; 6) S85°07'36"W, 777.58 feet; 7) N89°42'31 "W, 794.26 feet; 8) N63°23'14"W, 44.97 feet to the Easterly Right -of -Way Line of said Weld County Road 17; Thence Northerly along said Easterly Right -of -Way Line of Weld County Road 17 the following thirty-two (32) courses: 1) NO3-01'10"E, 768.01 feet to a point of curve to the left; 2) 271.48 feet along the are of said curve, said arc having a radius of 1230.00 feet, a central angle of 12°38'45", and being subtended by a chord which bears NO3°18'12"W, 270.93 feet to a point of tangency; 3) N09"37'35"W, 156.42 feet to the North Line of the SW1/4 of the SETA of said Section 20; 0 4) Continuing N09°37'35"W, 153.40 feet to a point of curve to the right; 5) 353.63 feet along the arc of said curve, said arc having a radius of 1835.00 feet, a central angle of 11'02'30", and being subtended by a chord which bears N04°06'20"W, 353.08 feet to a point of tangency; 6) N01°24'55"E, 301.78 feet to a point of curve to the left; 7) 164.11 feet along the are of said curve, said are having a radius of 1730.00 feet, a central angle of 5°26'07", and being subtended by a chord which bears NOl°18'08"W, 164.05 feet to a point of tangency; 8) N04°01'12"W, 237.84 feet to a point of curve to the right; 9) 438.88 feet along the arc of said curve, said arc having a radius of 6070.00 feet, a central angle of 4°08'34", and being subtended by a chord which bears N01°5655"W, 438.79 feet to a point of compound curve to the right; 10) 265.42 feet along the are of said curve, said arc having a radius of 515.00 feet, a central angle of 29°31'43", and being subtended by a chord which bears N14°53' 14"E, 262.49 feet to a point of compound curve to the right; 11)170.78 feet along the arc of said curve, said are having a radius of 1645.00 feet, a central angle of 5°56'54", and being subtended by a chord which bears N32037'32"E, 170.71 feet to a point of compound curve to the right; 12) 95.59 feet along the arc of said curve, said arc having a radius of 1645.00 feet, a central angle of 3°19'46", and being subtended by a chord which bears N3715'52"E, 95.58 feet to a point of tangency; 13)N38°55'45"E, 402.08 feet to a point of curve to the right; 14)176.73 feet along the are of said curve, said arc having a radius of 770.83 feet, a central angle of 13°08'10", and being subtended by a chord which bears N45°29'50"E, 176.34 feet to a point of compound curve to the right; 15)195.62 feet along the arc of said curve, said arc having a radius of 465.00 feet, a central angle of 24'06'12", and being subtended by a chord which bears N64°07'01 "E, 194.18 feet to a point of tangency; 16) N76° 10'06"E, 176.69 feet to a point of curve to the left; 7 17) 238.20 feet along the arc of said curve, said arc having a radius of 755.00 feet, a central angle of 18°04'36", and being subtended by a chord which bears N67°07'49"E, 237.21 feet to a point of tangency; 18) N58005'31 "E, 202.72 feet to a point of curve to the left; 19) 420.97 feet along the are of said curve, said are having a radius of 1200.00 feet, a central angle of 20°06'00", and being subtended by a chord which bears N48°02'31 "E, 418.82 feet to a point of tangency; 20) N37°59'31 "E, 260.73 feet; 21)N39051'46"E, 422.00 feet; 22) N37°35'20"E, 176.62 feet to a point of curve to the left; 23)178.03 feet along the arc of said curve, said are having a radius of 680.00 feet, a central angle of 15°00'01 ", and being subtended by a chord which bears N30°05' 19"E, 177.52 feet to the North Line of the NE1/4 of said Section 20; 24)140.28 feet, continuing along the are of said curve, said are having a radius of 680.00 feet, a central angle of 11'49' 12", and being subtended by a chord which bears N 16040'43 "E, 140.03 feet to a point of compound curve to the left; 25) 209.10 feet along the arc of said curve, said arc having a radius of 2265.00 feet, a central angle of 5°1722", and being subtended by a chord which bears N08°07'25"E, 209.03 feet to a point of tangency; 26) N05°28'44"E, 252.23 feet to a point of curve to the left; 27) 216.27 feet along the are of said curve, said are having a radius of 2505.00 feet, a central angle of 4°56'48", and being subtended by a chord which bears NO3°00'20"E, 216.20 feet to a point of tangency; 28) N00031'57"E, 1104.13 feet to a point of curve to the right; 29) 207.28 feet along the arc of said curve, said arc having a radius of 1440.00 feet, a central angle of 8° 14'51 ", and being subtended by a chord which bears N04°39'22"E, 207.10 feet to a point of tangency; 30) N08°46'48"E, 246.16 feet to a point of curve to the left; 31) 201.87 feet along the are of said curve, said arc having a radius of 1300.00 feet, a central angle of 8°53'49", and being subtended by a chord which bears N04°19'53"E, 201.66 feet to a point of tangency; 32)N00°07'01"W, 53.78 feet to the North Line of the SW1/4 of said Section 16; Thence S89°51'23"E, 2536.65 feet along said North Line of the SW114 of Section 16 to the C114 Corner of said Section 16; Thence N00°44'07"W, 2316,01 feet along the West Line of the NE1/4 of said Section 16 to the Southerly Line of Lot 9, State Subdivision according to the plat recorded August 24, 1940 in Plat Book 7 at Page 6 of the Weld County records; Thence Westerly along said Southerly Line of said Lot 9 the following two (2) courses: 1) S64°14'22"W, 155.21 feet; 2) N66°26'25"W, 912.35 feet to the Southerly Right -of -Way Line of Weld County Road 34; Thence Easterly along said Southerly Right -of -Way Line of Weld County Road 34 the following three (3) courses: 1) S89°54'25"E, 1717.26 feet to a point of curve to the right; 2) 56.96 feet along the arc of said curve, said arc having a radius of 458.97 feet, a central angle of 7006'36", and being subtended by a chord which bears S86°01'49"E, 56.92 feet to a point of tangency; 3) S82°28'31 "E, 792.61 feet to the Easterly Right -of -Way Line of said Former Union Pacific Railroad; Thence Southerly along said Easterly Right -of -Way Line of said Former Union Pacific Railroad the following four (4) courses: 1) S10°38'19"W, 5218.42 feet to the South Line of the SE1/4 of said Section 16; 2) S89°41'45 "E, 25.41 feet along said South Line of the SEIA of Section 16; 3) S 10°38' 19"W, 2143.49 feet to a point of curve to the right; 4) 567.36 feet along the arc of said curve, said arc having a radius of 3919.83 feet, a central angle of 89735", and being subtended by a chord which bears S14°47'06"W, 566.86 feet to a non -tangent point on the East Line of the SW1/4 of said Section 21; Thence S00°54'20"E, 2619.11 feet along said East Line of the SWIA of Section 21 to said Northerly Right -of -Way Line of Colorado State Highway 66; Thence N89°58'02"W, 1300.54 feet along said Northerly Right -of -Way Line of Colorado State Highway 66 to the Easterly Line of the Parcel described in the Quitclaim Deed recorded January 16, 1937 in Book 1004 at Page 239 of the Weld County records; Thence N00°54'07"W, 263.19 feet along said Easterly Line the Parcel described in Book 1004 at Page 239, to said Easterly Right -of -Way Line of the Former Union Pacific Railroad being also a point on the Easterly Line of Kurtz Ranch Annexation No. 1; Thence Northerly along said Easterly Right -of -Way Line of the Former Union Pacific Railroad being also said Easterly Line of Kurtz Ranch Annexation No. 1, and being also contiguous with said Corporate Boundary of the Town of Firestone the following two (2) courses: 1) N29-41'l9"E, 1939.82 feet to a point of curve to the left; 2) 605.89 feet along the arc of said curve, said are having a radius of 3919.83 feet, a central angle of 8°51'22", and being subtended by a chord which bears N25°15'38"E, 605.29 feet to a non -tangent point; Thence N69°10'04"W, 100.00 feet along the Northerly Line of said Kurtz Ranch Annexation No. 1, and being also contiguous with said Corporate Boundary of the Town of Firestone to a non - tangent point of curve to the right on the Westerly Line of said Kurtz Ranch Annexation No. 1, being also the Centerline of said Former Union Pacific Railroad; Thence Southerly along said Westerly Line of Kurtz Ranch Annexation No. 1, and being also contiguous with said Corporate Boundary of the Town of Firestone the following five (5) courses: The following two courses being also said Centerline of the Former Union Pacific Railroad: 1) 590.43 feet along the arc of said curve concave to the Northwest, said arc having a radius of 3819.83 feet, a central angle of 8°51'22", and being subtended by a chord which bears S25° I5'38"W, 589.84 feet to a point of tangency; 2) S29°41'19"W, 4184.63 feet to the Centerline of said Weld County Road 17; The following three courses being also along said Centerline of Weld County Road 17: 3) S 11 °03'07"W, 36.1.73 feet to West Line of the NW 1/4 of said Section 28; 4) S00°48'50"E, 667.34 feet along said West Line of the NW114 of Section 28 to the E114 Corner of said Section 29; 5) S00°48'50"E, 2590.35 feet along said East Line of the SE1/4 of Section 29 to the POINT OF BEGINNING. 10 Area = 37,279,800 square feet (855.826 acres), more or less. 11 RESOLUTION NO. 12-L�3 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE CAMBRIA CROSSING 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 Cambria Crossing Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed 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 C.R.S. §§ 31-12-104 and 31-12-105, 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, January 23, 2013 at 6:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 121h day of December, 2012. ���tE3TpN TOWN Chad Auer nri SEAL0 Mayor ATTEST: 0 Q` � T ' Rebecca Toberman Town Clerk 12/12/2012 11:09 AM [kmk]S Wirestnne\Anne atianlCambrialCamhria Crossing comp res (2012),doe 2 EXHIBIT A LEGAL DESCRIPTION CAMBRIA CROSSING ANNEXATION ANNEXATION LEGAL DESCRIPTION - CAMBRIA CROSSING A PARCEL OF LAND SITUATED IN SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR NORTH 00027-00" WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION; THENCE SOUTH 89058'03" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BIRCH STREET (W.C.R. 11), ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 00°27'00" WEST, A DISTANCE OF 2616.30 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED BY DEED RECORDED MARCH 23, 2000 AT RECEPTION NO. 2757371 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE CONTINUING NORTH 00027'00" WEST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 11.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89031'31" EAST, ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 634.04 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24); THENCE NORTH 89031'31" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24), A DISTANCE OF 3396.74 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12; THENCE ALONG SAID EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12, SOUTH 00007'18" EAST, A DISTANCE OF 2663.46 FEET; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 12, SOUTH 00°07'10" EAST, A DISTANCE OF 1345.97 FEET; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 89°44'46" WEST, A DISTANCE OF 1328.01 FEET; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 00000'54" EAST, A DISTANCE OF 1340.88 FEET; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, NORTH 89058'03" WEST, A DISTANCE OF 2690.83 FEET TO THE POINT OF BEGINNING; CONTAINING 12,425,711 SQUARE FEET OR 285.2550 ACRES, MORE OR LESS. 3 RESOLUTION NO.JQL 9 S A RESOLUTION APPROVING AN EXTENDED INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN AND THE STATE FOR POLICE AND RELATED SERVICES AT ST. VRAIN PARK WHEREAS, the Town of Firestone and the State of Colorado previously entered into an Intergovernmental Agreement for Police and Related Services at St. Vrain Park (the "Agreement") pursuant to which the Town provides mutual aid assistance at St. Vrain Park when requested by the State and to the extent Firestone Police Department resources are deemed available by the Town; and WHEREAS, the original term of the Agreement has expired and the Town and State desire to execute an extended Agreement and a draft thereof has been proposed for such purpose; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the Intergovernmental Agreement for Police and Related Services at St. Vrain Park, by and between the Town of Firestone and the State of Colorado (the "Agreement"), a copy of which is attached hereto as Exhibit A and which has an extended initial term expiring November 19, 2015. Section 2. The Mayor and Town Clerk are authorized and directed to execute such Agreement on behalf of the Town, except that the Mayor is hereby further authorized to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. Section 3. A true copy of the fully -executed Agreement shall be deposited with the Clerk of the Town and available for public inspection as the Clerk's office. INTRODUCED, READ, and ADOPTED this I'l-k" day of Dece",A- , 2012. ATTEST: TOWN OF FIRESTONE, COLORADO ITi roHE}wN �*�. p Chad Auer, Mayor Nrv� 1)"e. TA5�,_� Rebecca Toberman, Town Clerk RESOLUTION NO. 12-_" A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE NEW VISION 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 New Vision Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. 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. 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, January 23, 2013 at 6:30 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 12th day of December, 2012. ATTEST: ��RES tp� ff i0wN SE�9►I, 4` • C O�N7Y, G I 1 Rebecca Toberman Town Clerk 12/1212012 2:28 PM [kmk]S:TirestonMnnexation\New Vision\SubCamp.res.doe fti ��� Chad Auer Mayor EXHIBIT A LEGAL DESCRIPTION New Vision Annexation LOT'A', RECORDED EXEMPTION NO. 1313-11-3RE1717, RECORDED JULY 19, 1995 AT BOOK 1502, RECEPTION NO.2447218, LOCATED 1N THE WEST 1/2 OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT THAT PORTION OF SAID LOT'A' CONVEYED TO THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION JANUARY 18, 2001 BY DEED RECORDED AT RECEPTION NUMBER 2819770, COUNTY OF WELD, STATE OF COLORADO. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 304,593.13 SQUARE FEET OR 6.99 ACRES, MORE OR LESS. 3 Intergovernmental Agreement for Police and Related Services at St. Vrain State Park This agreement is between the State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Parks and Wildlife ("State"), and the Town of Firestone, Colorado ("Town"). The parties agree as follows: Section I - Authority: This Agreement is made under authority of Section 29-1-203, C.R.S. and Section 24-82-105, C.R.S. Section II - Purpose: The purpose of this Agreement is to provide for police and animal control services for St. Vrain State Park (hereinafter, the "Park"). St. Vrain State Park is located north of State Highway 119 and one-half mile west of I-25 (exit 240). Section III — St. Vrain State Park - Management: The State is responsible for and manages 152 acres of water and 604 acres of recreational lands as St. Vrain State Park. Section IV - Police Assistance: IV(1). The Town of Firestone Police Department ("FPD") will provide mutual aid assistance to Colorado Parks and Wildlife Officers when requested at the Park to the extent FPD resources are deemed to be available by the Town. The State will first utilize State resources when available to handle situations that may arise. These resources include the Colorado State Patrol and the Colorado Bureau of Investigation. If State resources are not available to respond, the State may request and FPD may provide appropriate service based upon the FPD's determination of availability of its resources. All FPD officers or deputies providing mutual aid assistance pursuant to this Agreement shall be under the immediate command of a superior FPD officer designated by the Firestone Chief of Police, which superior officer shall be under the direct supervision and command of the requesting Colorado Parks and Wildlife Officer. In circumstances in which the State has requested mutual aid assistance from the FPD, liability of the State and the Town and workers' compensation coverage will be determined in accordance with C.R.S. §§ 29-5-108 and 29-5-109. 1 The Town will also provide animal control services, including code enforcement of leash ordinances and shall have the authority to impound dogs or other domestic animals running at large within the Park boundaries. The Town will not be responsible for responding to wildlife issues. IV(2). The Town hereby authorizes the State to use certain FPD designated talk groups, subject to individual approval by the Firestone Chief of Police and the Weld County Communications Center ("WCCC"). Section V -Mutual Cooperation: V(1). The Town and the State shall meet at least annually to discuss matters of mutual concern regarding this Agreement. Any conflict between the parties pertaining to this Agreement may be resolved by the Chief of Police of the FPD, the park manger of St. Vrain State Park and the North East Deputy Region Manager. Resolution may include, but shall not be limited to, resource allocation, cost sharing or amendment of this Agreement, and any such resolution is subject to approval by the Town Board of Trustees. V(2). The parties expressly understand and agree that the Town's provision of the services described herein is subject to the availability of personnel and equipment to provide services within the jurisdictional limits of the Town as well as within the Park. The Town's responsibility is to provide services to its residents. The Town reserves the right to temporarily suspend any services being provided at the Park at any time, even during a police emergency, fire, or emergency medical response, if, in the judgment of the Chief of Police or the Board of Trustees, the Town assets involved are required elsewhere by the Town. V(3).The Town Chief of Police and the Park Manager shall be responsible for administering the terms of this Agreement and acting as communications liaisons between the Park and the Town. Any notice required by this Agreement shall be deemed effective when mailed first class, postage prepaid, or hand -delivered to the following: Town of Firestone: Chief of Police Town of Firestone Police Department 151 Grant Avenue P.O. Box 100 Firestone, CO 80520-0100 Park: Park Manager St. Vrain State Park 3 525 State Highway 119 Firestone, CO 80504 2 Section VI - Liability and Indemnification: Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, either expressed or implied, of any of the immunities, rights, benefits or protection provided to the State or the Town under the Colorado Governmental Immunity Act 24-10-101, et seq. C.R.S., as amended or as may be amended (including, without limitation, any amendments to such statute, or under any similar statute which is subsequently enacted). The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the Town or the State of Colorado, their departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of 24-10-101, et seq. C.R.S., as amended or as may be amended, and 24-30-1501, et seq., C.R.S., as amended or may be amended. Any provision of the Agreement, shall be controlled, limited and otherwise modified so as to limit any liability of the State and Town to the above cited laws. Section VII - General Provisions: VII(1). This Intergovernmental Agreement may be terminated at will by either party with sixty (60) days prior written notice by certified mail. VII(2). Expenditures and Fees of Each Party Deemed Expenditures of That Party: The parties to this Agreement agree that the purpose of this Agreement is to jointly accomplish pursuant to C.R.S. Section 29-1-203 activities which could be performed separately by each party. Accordingly, it is agreed and understood for purposes of Colorado Constitution, Article X Section 20, that any fees contributed or paid. or otherwise provided by any parry to this Agreement to another party to this Agreement are and remain an expenditure of the contributing, paying, or otherwise providing party, and are not revenue or expenditures of the receiving party. VII(3). The State shall not assign or otherwise transfer this Intergovernmental Agreement or any right or obligation hereunder without the prior written consent of the Town. VII(4). Law. This Intergovernmental Agreement is subject to and shall be interpreted under the law of the State of Colorado, the Town Code, and any rules and regulations of the Town of Firestone, Colorado. Court venue and jurisdiction shall exclusively be in the Colorado District Court for Weld County, Colorado. VII(5). Appropriation and Availability of Funds. In accord with Colorado Constitution, Article X, Section 20 and the Town Code, performance of the Town's obligations under this Intergovernmental Agreement are expressly subject to appropriation of funds by the Town Board of Trustees. Further, in the event that funds are not appropriated in whole or in part sufficient for performance of the Town's obligations under this Intergovernmental Agreement, or appropriated funds may not be expended due to Constitutional or Town spending limitations, then the Town may terminate this Intergovernmental Agreement without compensation to the State. VII(6). Entire Agreement. This Agreement, together with all exhibits attached hereto, 91 constitutes the entire agreement between the parties hereto, and all other representations or statements heretofore made, verbal or written, are merged herein, and this Agreement may be amended only in writing, and executed by duly authorized representatives of the parties hereto. VII(7). Nonwaiver of Rights. No waiver of default by the Town of any of the terms, covenants, and conditions hereof to be performed, kept, and observed by the State shall be construed, or shall operate, as a waiver of any subsequent default of any of the terms, covenants, or conditions herein contained to be performed, kept, and observed by the State. VII(8). Integration. This is a completely integrated Agreement and contains the entire agreement between the parties. Any prior written or oral agreements or representations regarding this Agreement shall be of no effect and shall not be binding on State or the Town. Further, the State and the Town acknowledge and agree that this is a negotiated text agreement, and that as such no term shall be construed against the author thereof. VII(9). Effective Date. This agreement is deemed to be effective as of the 19'h day of November, _2009, and shall continue in effect through the 19th day of November, 2015, unless extended or sooner terminated in accord with the terms of this Agreement. On November 19, 2015, and on each successive anniversary date of this agreement shall automatically be extended for an additional 12 months, subject to either party's right to terminate upon sixty (60) days notice pursuant to VII(1) above. VII(10). No Third Party Beneficiary: 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 the parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity on such Agreement. It is the express intention of the parties hereto that any person or entity, other than the parties to this Agreement, receiving services or benefits under this Agreement shall be deemed to be incidental beneficiaries only. FOR THE STATE OF COLORADO, Colorado Parks and Wildlife: By: Title: Date: FOR THE TOWN OF FIRESTONE, COLORADO: I1 Chad Auer, Mayor Date: 4 ATTEST: Town Clerk RESOLUTION NO. 13--Q) A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE KURTZ RANCH ANNEXATION NOS. 1 AND 2 TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Kurtz Ranch Annexation Nos.1 and 2 has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: 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. 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, February 13, 2013 at 6:30.mm. Section S. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. Section S. Resolution No. 12-42 is hereby repealed. INTRODUCED, READ, and ADOPTED this 2°d day of January, 2013. EgTONF 4 Chad Auer sE� Q ATTEST: MayorO� 0UNV , IQJC*-� Rebecca Toberman Town Clerk 12/28/2012 10:58 AM[kmk]S:Tirestone\Annexation\Kurtz RancMSubComp.res (2013).doc EXHIBIT A LEGAL DESCRIPTION Kurtz Ranch Annexation Nos. 1 and 2 A description of the KURTZ RANCH ANNEXATIONS located in Sections 16, 17, 20, 21, 28, 29, 32 and 33, T3N, R67W of the 6th P.M., in Weld County, Colorado. LEGAL DESCRIPTION — KURTZ RANCH ANNEXATION NO. 1 A tract of land located in Sections 21, 28, 29, 32 and 33, T3N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the SE Corner of the W 112 of the E 112 of said Section 32 from which the NE Corner of said WI/2 of the E1/2 of Section 32 bears N00°43'43"W, 5282.52 feet (Basis of Bearing); thence N00°43'43"W, 1709.75 feet along the East Line of said W112 of the EI12 of Section 32 to a Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone and the POINT OF BEGINNING; Thence S89°16'l7W, 30.00 feet along said Northerly Line being also contiguous with the Town of Firestone Corporate Boundary to the Westerly Right -of -Way Line of Weld County Road 17; Thence N00°43'43"W, 3573.20 feet along said Westerly Right -of -Way Line of Weld County Road 17 to the South Line of the SE1/4 of said Section 29; Thence N00°20'59"W, 30.00 feet continuing along said Westerly Right -of -Way Line of Weld County Road 17 to the Northerly Right -of -Way Line of Weld County Road 28; Thence S89°55'l8"E, 1366.36 feet along said Northerly Right -of -Way Line of Weld County Road 28 to the West Line of the SWIA of said Section 28 being also the Centerline of Weld County Road 17; Thence N00°48'50"W, 2590.35 feet along said West Line of the SW114 of Section 28 being also said Centerline of Weld County Road 17 to the SW Corner of the NW114 of said Section 28; Thence N00°48'50"W, 667.34 feet along the West Line of said NW114 of Section 28 and continuing along said Centerline of Weld County Road 17 to an angle point thereon; Thence NI 1 °03'07"E, 361.73 feet continuing along said Centerline of Weld County Road 17 to the Centerline of the Former Union Pacific Railroad; Thence N29°4 VI 9 "E, 4184.63 feet along said Centerline of the Former Union Pacific Railroad to a point of curve to the left thereon; 3 Thence 590.43 feet along the are of said curve continuing along said Centerline of the Former Union Pacific Railroad, said arc having a radius of 3819.83 feet, a central angle of 8°5122", and being subtended by a chord which bears N25°1538"E, 589.84 feet to a non -tangent point; Thence S69°10'04"E, 100.00 feet to a non -tangent point of curve to the right on the Easterly Right -of -Way Line of said Former Union Pacific Railroad; Thence 605.89 feet along the arc of said curve concave to the Northwest, along said Easterly Right -of -Way Line of the Former Union Pacific Railroad, said arc having a radius of 3919.83 feet, a central angle of 8°51'22", and being subtended by a chord which bears S25'15'3811W, 605.29 feet to a point of tangency; Thence S29°41'19"W, 2277.17 feet continuing along said Easterly Right -of -Way Line of the Former Union Pacific Railroad to an angle point thereon on the North Line of the NW1/4 of said Section 28; Thence N89°58'02"W, 28.77 feet along said North Line of the NW IA of Section 28 and continuing along said Easterly Right -of -Way Line of the Former Union Pacific Railroad to an angle point thereon; Thence S29°41'19"W, 2021.74 feet continuing along said Easterly Right -of -Way Line of the Former Union Pacific Railroad to the Easterly Right -of -Way Line of said Weld County Road 17; Thence S 11 °03'07"W, 212.88 feet along said Easterly Right -of -Way Line of Weld County Road 17 to an angle point thereon; Thence S00°48'50"E, 664.72 feet continuing along said Easterly Right -of -Way Line of Weld County Road 17 to the North Line of the SWIA of said Section 28; Thence S00°48'50"E, 2620.36 feet continuing along said Easterly Right -of -Way Line of Weld County Road 17 to the North Line of the NW I A of said Section 33 Thence S00°35'13"E, 30.00 feet continuing along said Easterly Right -of -Way Line of Weld County Road 17 to the Southerly Right -of -Way Line of said Weld County Road 28; Thence N89°50'46"W, 30.00 feet along said Southerly Right -of -Way Line of Weld County Road 28 to the Northeast Corner of Heintzelman Pit Annexation No. 3 to the Town of Firestone; Thence N89°55'18"W, 1306.52 feet continuing along said Southerly Right -of -Way Line of Weld County Road 28 being also the Northerly Line of said Heintzelman Pit Annexation No. 3 to the Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to said Easterly Right -of -Way Line of Weld County Road 17, being also the Northwest Corner of said Heintzelman Pit Annexation No. 3 to the Town of Firestone; 4 Thence S00°43'43"E, 617.61 feet along said Easterly Right -of -Way Line of Weld County Road 17 being also the Westerly Line of said Heintzelman Pit Annexation No. 3 to the Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary; Thence leaving said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town of Firestone S00°43'43"E, 413.15 feet and continuing along said Easterly Right -of -Way Line of said Weld County Road 17 to said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town of Firestone; Thence S00°43'43"E, 2511.59 feet continuing along said Easterly Right -of -Way Line of said Weld County Road 17 being also said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to said Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone; Thence S89°16'17W, 30.00 feet along said Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to the POINT OF BEGINNING. Area = 838,258 square feet (19.244 acres), more or less. LEGAL DESCRIPTION — KURTZ RANCH ANNEXATION NO. 2 A tract of land located in Sections 16, 17, 20, 21, 28, and 29, T3N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the SE Corner said Section 29 from which the EIA Corner of said Section 29 bears N00°48'50"W, 2620.36 feet (Basis of Bearing); thence N00°48'50"W, 30.00 feet along the East Line of the SETA of said Section 29 to the Northerly Right -of -Way Line of Weld County Road 28 being also a Northerly Line of Kurtz Ranch Annexation No. 1 and the POINT OF BEGINNING: Thence N89°55' 18"W, 30.00 feet along said Northerly Right -of -Way Line of Weld County Road 28, being also said Northerly Line of Kurtz Ranch Annexation No. 1, and being also contiguous with the Town of Firestone Corporate Boundary to the Westerly Right -of -Way Line of Weld County Road 17; Thence N00°48'50"W, 2590.32 feet along said Westerly Right -of -Way Line of Weld County Road 17 to the South Line of the NE 1 /4 of said Section 29; Thence N00°48'50"W, 1040.74 feet continuing along said Westerly Right -of -Way Line of Weld County Road 17 to the Westerly Right -of Way Line of the Former Union Pacific Railroad; Thence N29°41' 19"E, 59.10 feet along said Westerly Right -of Way Line of the Former Union Pacific Railroad to an angle point thereon on the West Line of the NW1/4 of said Section 28; 5 Thence N00°48'50"W, 98.51 feet along said West Line of the NW1/4 of Section 28 and continuing along said Westerly Right -of Way Line of the Former Union Pacific Railroad to an angle point thereon; Thence N29°41'19"E, 2694.43 feet continuing along said Westerly Right -of Way Line of the Former Union Pacific Railroad to the Northeasterly Corner of the Parcel described at the Warranty Deed recorded October 1, 1974 in Book 724 at Reception No. 1645816 of the Weld County records; Thence N60° 18'41 "W, 45.00 feet along the Northerly Line of said Parcel described in Book 724 at Reception No. 1645816 to the Northwesterly Corner thereof, Thence S29°41'l9"W, 980.89 feet along the Westerly Line of said Parcel described in Book 724 at Reception No. 1645816 to the Northerly Right -of -Way Line of Colorado State Highway 66; Thence Westerly along said Northerly Right -of -Way Line the following eight (8) courses: 1) N68°10'16"W, 23.26 feet; 2) N87°14'13"W, 811.26 feet; 3) N87°14'13"W, 494.45 feet; 4) N00° 17'29"E, 40.00 feet; 5) N89°4231 "W, 325.00 feet; 6) S85°07'36"W, 777.58 feet; 7) N89°42'31 "W, 794.26 feet; 8) N63°23'14"W, 44.97 feet to the Easterly Right -of -Way Line of said Weld County Road 17; Thence Northerly along said Easterly Right -of -Way Line of Weld County Road 17 the following thirty-two (32) courses: 1) NO3-01'10"E, 768.01 feet to a point of curve to the left; 2) 271.48 feet along the arc of said curve, said arc having a radius of 1230.00 feet, a central angle of 12°38'45", and being subtended by a chord which bears NO3°18'12"W, 270.93 feet to a point of tangency; 3) N09°37'35"W, 156.42 feet to the North Line of the SWIM of the SE114 of said Section 20; 0 4) Continuing N09037'35"W, 153.40 feet to a point of curve to the right; 5) 353.63 feet along the arc of said curve, said are having a radius of 1835.00 feet, a central angle of 1 POT30", and being subtended by a chord which bears N04°06'20"W, 353.08 feet to a point of tangency; 6) NO1 °24'55"E, 301.78 feet to a point of curve to the left; 7) 164.11 feet along the are of said curve, said are having a radius of 1730.00 feet, a central angle of 5°26'07", and being subtended by a chord which bears NO1°18'08"W, 164.05 feet to a point of tangency; 8) N04°01'12"W, 237.84 feet to a point of curve to the right; 9) 438.88 feet along the arc of said curve, said arc having a radius of 6070.00 feet, a central angle of 4'08'34", and being subtended by a chord which bears NO °56'55"W, 438.79 feet to a point of compound curve to the right; 10) 265.42 feet along the arc of said curve, said arc having a radius of 515.00 feet, a central angle of 29°31'43", and being subtended by a chord which bears N14°53'14"E, 262.49 feet to a point of compound curve to the right; 11) 170.78 feet along the arc of said curve, said arc having a radius of 1645.00 feet, a central angle of 5°56'54", and being subtended by a chord which bears N32°37'32"E, 170.71 feet to a point of compound curve to the right; 12) 95.59 feet along the are of said curve, said are having a radius of 1645.00 feet, a central angle of 3°19'46", and being subtended by a chord which bears N37°15'52"E, 95.58 feet to a point of tangency; 13)N38-55-45"E, 402.08 feet to a point of curve to the right; 14)176.73 feet along the arc of said curve, said arc having a radius of 770.83 feet, a central angle of 13°08'10", and being subtended by a chord which bears N45°29'50"E, 176.34 feet to a point of compound curve to the right; 15)195.62 feet along the arc of said curve, said arc having a radius of 465.00 feet, a central angle of 24'06'12", and being subtended by a chord which bears N64°07'01 "E, 194.18 feet to a point of tangency; 16) N76°10'06"E, 176.69 feet to a point of curve to the left; 17) 238.20 feet along the arc of said curve, said are having a radius of 755.00 feet, a central angle of 18°04'36", and being subtended by a chord which bears N67°07'49"E, 237.21 feet to a point of tangency; 18) N58°05'31 "E, 202.72 feet to a point of curve to the left; 19) 42097 feet along the arc of said curve, said are having a radius of 1200.00 feet, a central angle of 20°06'00", and being subtended by a chord which bears N48°02'31 "E, 418.82 feet to a point of tangency; 20) N37°59'31 "E, 260.73 feet; 21)N39°51'46"E, 422.00 feet; 22) N37035'20"E, 176.62 feet to a point of curve to the left; 23)178.03 feet along the are of said curve, said are having a radius of 680.00 feet, a central angle of 15°00'01", and being subtended by a chord which bears N30°05'19"E, 177.52 feet to the North Line of the NE114 of said Section 20; 24)140.28 feet, continuing along the arc of said curve, said arc having a radius of 680.00 feet, a central angle of 11'49'12", and being subtended by a chord which bears N16°40'43"E, 140.03 feet to a point of compound curve to the left; 25) 209.10 feet along the arc of said curve, said arc having a radius of 2265.00 feet, a central angle of 5° 1 T22", and being subtended by a chord which bears N08°07'25"E, 209.03 feet to a point of tangency; 26) N05°28'44"E, 252.23 feet to a point of curve to the left; 27) 216.27 feet along the arc of said curve, said arc having a radius of 2505.00 feet, a central angle of 4°56'48", and being subtended by a chord which bears NO3 °00'20"E, 216.20 feet to a point of tangency; 28) N00°31'57"E, 1104.13 feet to a point of curve to the right; 29) 207.28 feet along the arc of said curve, said arc having a radius of 1440.00 feet, a central angle of 8'14'51", and being subtended by a chord which bears N04°39'22"E, 207.10 feet to a point of tangency; 30) N08°46'48"E, 246.16 feet to a point of curve to the left; 31) 201.87 feet along the are of said curve, said arc having a radius of 1300.00 feet, a central angle of 8°53'49", and being subtended by a chord which bears NOVI9'53"E, 201.66 feet to a point of tangency; N. 32)N00°07'0t"W, 53.78 feet to the North Line of the SW114 of said Section 16; Thence S89°51'23"E, 2536.65 feet along said North Line of the SW1/4 of Section 16 to the C114 Corner of said Section 16; Thence N00°44'07"W, 2316.01 feet along the West Line of the NE1/4 of said Section 16 to the Southerly Line of Lot 9, State Subdivision according to the plat recorded August 24, 1940 in Plat Book 7 at Page 6 of the Weld County records; Thence Westerly along said Southerly Line of said Lot 9 the following two (2) courses: 1) S64°14'22"W, 155.21 feet; 2) N66°26'25"W, 912.35 feet to the Southerly Right -of -Way Line of Weld County Road 34; Thence Easterly along said Southerly Right -of -Way Line of Weld County Road 34 the following three (3) courses: 1) S89°54'25 "E, 1717.26 feet to a point of curve to the right; 2) 56.96 feet along the are of said curve, said arc having a radius of 458.97 feet, a central angle of 70636", and being subtended by a chord which bears S86'01'49"E, 5692 feet to a point of tangency; 3) S82°28'31 "E, 792.61 feet to the Easterly Right -of -Way Line of said Former Union Pacific Railroad; Thence Southerly along said Easterly Right -of -Way Line of said Former Union Pacific Railroad the following four (4) courses: 1) S10°38'19"W, 5218.42 feet to the South Line of the SE114 of said Section 16; 2) S89°41'45"E, 25.41 feet along said South Line of the SE114 of Section 16; 3) S10°38'19"W, 2143.49 feet to a point of curve to the right; 4) 567.36 feet along the are of said curve, said are having a radius of 3919.83 feet, a central angle of 8'17'35", and being subtended by a chord which bears S14°47'06"W, 566.86 feet to a non -tangent point on the East Line of the SW1/4 of said Section 21; Thence S00°54'20"E, 2619.11 feet along said East Line of the SWIM of Section 21 to said Northerly Right -of -Way Line of Colorado State Highway 66; Z Thence N89°58'02"W, 1300.54 feet along said Northerly Right -of -Way Line of Colorado State Highway 66 to the Easterly Line of the Parcel described in the Quitclaim Deed recorded January 16, 1937 in Book 1004 at Page 239 of the Weld County records; Thence N00°54'07"W, 263.19 feet along said Easterly Line the Parcel described in Book 1004 at Page 239, to said Easterly Right -of -Way Line of the Former Union Pacific Railroad being also a point on the Easterly Line of Kurtz Ranch Annexation No. 1; Thence Northerly along said Easterly Right -of -Way Line of the Former Union Pacific Railroad being also said Easterly Line of Kurtz Ranch Annexation No. 1, and being also contiguous with said Corporate Boundary of the Town of Firestone the following two (2) courses: 1) N29°4I'19"E, 1939.82 feet to a point of curve to the left; 2) 605.89 feet along the arc of said curve, said arc having a radius of 3919.83 feet, a central angle of 8°51'22", and being subtended by a chord which bears N25°15'38"E, 605.29 feet to a non -tangent point; Thence N69°10'04"W, 100.00 feet along the Northerly Line of said Kurtz Ranch Annexation No. 1, and being also contiguous with said Corporate Boundary of the Town of Firestone to a non - tangent point of curve to the right on the Westerly Line of said Kurtz Ranch Annexation No. 1, being also the Centerline of said Former Union Pacific Railroad; Thence Southerly along said Westerly Line of Kurtz Ranch Annexation No. 1, and being also contiguous with said Corporate Boundary of the Town of Firestone the following five (5) courses: The following two courses being also said Centerline of the Former Union Pacific Railroad: 1) 590.43 feet along the are of said curve concave to the Northwest, said arc having a radius of 3819.83 feet, a central angle of 8°5 F22", and being subtended by a chord which bears S25°15'38"W, 589.84 feet to a point of tangency; 2) S29°41' 19"W, 4184.63 feet to the Centerline of said Weld County Road 17; The following three courses being also along said Centerline of Weld County Road 17: 3) S11°03'07"W, 361.73 feet to West Line of the NWI/4 of said Section 28; 4) S00°48'50"E, 667.34 feet along said West Line of the NW IA of Section 28 to the E1/4 Corner of said Section 29; 5) S00°48'50"E, 2590.35 feet along said East Line of the SEl/4 of Section 29 to the POINT OF BEGINNING. 10 Area = 37,279,800 square feet (855.826 acres), more or less. II RESOLUTION NO. 13-02 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.ci.firestone.co.us. INTRODUCED, READ, and ADOPTED this 9th day of January, 2013. ESTO TOWN OF FIRESTONE, COLORADO � TOWN SEAL j °o } Q Chad Auer, Mayor ATTEST: r0 `• O r� �OVNTY, GO E2J�2-c-C.� k Rebecca Toberman, Town Clerk RESOLUTION NO. 13 -0 �_ A RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT PLAN AND FINAL DEVELOPMENT PLAN FOR CAMARO DAVE'S CUSTOM CAR RESTORATION SHOP WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a preliminary development plan (PDP) and final development plan (FDP) for the property located at Lots 15, 16, 17, 18, 19 and 20, Block 22, as shown on the Replat of the 1907 Plat of the Town of Firestone, recorded at Reception No. 1635587 in the offices of the Weld County Clerk and Recorder, said parcel also being known as 178 First Street, being a part of the Northwest Quarter of Section 30, Township 2 North, Range 67 West of the 61h PM, Town of Firestone, Weld County, Colorado; and WHEREAS, all materials related to the proposed PDP and FDP 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, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds that the proposed PDP and FDP should be approved. NOW, THEREFORE, BE IT RESOLVED BY BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Based upon the evidence and testimony entered into the record at the public hearing, the Board of Trustees does hereby approve the proposed preliminary development plan (PDP) and final development plan (FDP) for the property located at Lots 15, 16, 17, 18, 19 and 20, Block 22, as shown on the Replat of the 1907 Plat of the Town of Firestone, recorded at Reception No. 1635587 in the offices of the Weld County Clerk and Recorder, said parcel also being known as 178 First Street, being a part of the Northwest Quarter of Section 30, Township 2 North, Range 67 West of the 61h PM, Town of Firestone, Weld County, Colorado, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this G� kday of SaKk , 2013. ATTEST: ��REST2/k TOWN SEAL la C�NTY, G I T _ Rebecca Toberman, Town Clerk C Chad Auer, Mayor EXHIBIT A Camaro Dave's PDP` and FDP Conditions of Approval 1. Revise the PDP and FDP in accordance with comments from the Town Planner, Engineer, and Attorney. 2 RESOLUTION NO. +3 - 0 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE NEW VISION 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: 1.. 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., contiguity may be established by the annexation of two or more parcels in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real 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 6.99 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. 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. 2 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1)(g),-110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article I1, 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 are 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 23`d day of January, 2013. ��RESTpNc� •' TOWN Chad uer, ay& m SEAL o ATTEST: }�� EXHIBIT A - LEGAL DESCRIPTION NEW VISION ANNEXATION LOT'A', RECORDED EXEMPTION NO. 1313-11-3RE1717, RECORDED JULY 19, 1995 AT BOOK 1502, RECEPTION NO. 2447218, LOCATED IN THE WEST 1 /2 OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT THAT PORTION OF SAID LOT 'A'CONVEYED TO THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION JANUARY 18, 2001 BY DEED RECORDED AT RECEPTION NUMBER 2819770, COUNTY OF WELD, STATE OF COLORADO. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 304,593.13 SQUARE FEET OR 6.99 ACRES, MORE OR LESS. n RESOLUTION NO. j3 o s A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE CAMBRIA CROSSING 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: 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., contiguity may be established by the annexation of two or more parcels in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. C. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of 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. b. 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 285.255 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 casement, 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 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 2 -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1)(g),-110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article I1, Section 30 of the Colorado Constitution and Section 31-12407(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation are 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 23rd day of January, 2013. Es tp / TOWN SEAL, I^ Rebecca Toberman, Town Clerk Cha Auer, A Yi or EXHIBIT A - LEGAL DESCRIPTION CAMBRIA CROSSING ANNEXATION ANNEXATION LEGAL DESCRIPTION - CAMBRIA CROSSING A PARCEL OF LAND SITUATED IN SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR NORTH 00027'00" WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION; THENCE SOUTH 89°58'03" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BIRCH STREET (W.C.R. 11), ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 00027'00" WEST, A DISTANCE OF 2616.30 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED BY DEED RECORDED MARCH 23, 2000 AT RECEPTION NO. 2757371 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE CONTINUING NORTH 00"27'00" WEST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 11.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89031'31" EAST, ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 634.04 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24); THENCE NORTH 89031-31" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24), A DISTANCE OF 3396.74 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12; THENCE ALONG SAID EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12, SOUTH 00007-18" EAST, A DISTANCE OF 2663.46 FEET; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 12, SOUTH 00"07'10" EAST, A DISTANCE OF 1345.97 FEET; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 89044'46" WEST, A DISTANCE OF 1328.01 FEET; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 00000'54" EAST, A DISTANCE OF 1340.88 FEET; 4 THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, NORTH 89058'03" WEST, A DISTANCE OF 2690.83 FEET TO THE POINT OF BEGINNING; CONTAINING 12,425,711 SQUARE FEET OR 285.2550 ACRES, MORE OR LESS. a RESOLUTION NO. [3- 6 d A RESOLUTION ADOPTING THE TOWN OF FIRESTONE 2012 DROUGHT MANAGEMENT PLAN WHEREAS, the Board of Trustees recognizes that the wise use of the Town's water resources is in the best interest of the public health, safety, and welfare; and WHEREAS, the Town's water supply can be impacted by factors, such as weather conditions and snow pack, that are outside the control of the Town; and WHEREAS, the Board of Trustees desires to provide for the health, safety, and welfare of the Town's water customers in times of drought conditions; and WHEREAS to such end, the Board of Trustees has provided for the preparation of a Drought Management Plan by Clear Water Solutions, Inc.; and WHEREAS, the proposed Drought Management Plan has been developed in accordance with the Colorado Water Conservation Board's ("CWCB") Drought Management Plan Development Guidance Document; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Town of Firestone 20t2 Drought Management Plan is herebyapproved and accepted in essentially the same form as the copy of such plan accompanying this Resolution. Section 2. The Board of Trustees hereby repeals Resolution No. 12-26 in its entirety. PASSED AND ADOPTED THIS DAY OF , 2013. TOWN OF FIRESTONE, COLORADO CU------- Chad Auer, Mayor ATTEST: n \0 ,. TJA.�,, - Rebecca Toberman, Town Clerk FIRESTONE A COMMUNITY IN MOMM TOWN OF FIRESTONE 2012 DROUGHT MANAGEMENT PLAN elearWATERsolut ons water rights • planning • engineering 8010 S. County Road 5, Ste.105 Windsor, Colorado 80528 (T) 970223.3706 (F) 970.223.3783 www.clearwatercolorado.com TABLE OF CONTENTS Executive Summary ES-1 Introduction 1 1.1 - Profile Existing System 1 1.2 - Drought Mitigation and Response Planning 3 1.3 - Drought Planning Efforts 4 1.4 - Drought Planning and Water Conservation 4 Section 1 - Stakeholders, Objectives and Principles 6 1.1 -Stakeholder Committee 6 1.2 - Objectives of Drought Management Plan 7 Section 2 - Historical Drought and Impact Assessment 9 2.1 - Historical Assessment of Drought, Available Supplies and Demands 9 2.2 - Historical Drought Impact, Mitigation and Response Assessment 12 Section 3 - Drought Vulnerability Assessment 13 3.1 - Water Supply Reliability and Drought Management Planning 14 3.2 - Drought Impact Assessment 16 Section 4 - Drought Mitigation and Response Strategies 16 4.1 - Drought Mitigation Measures 16 4.2 -Supply- Side Response Strategies 18 4.3 - Demand -Side Response Strategies 19 4.4 - Drought Public Information Campaign 19 Section 5 - Drought Stages, Trigger Points and Response Targets 24 5.1 - Drought Stages, Trigger Points and Response Targets 24 5.2 - Drought Declaration and Predictability 26 Section 6 - Staged Drought Response Program 27 6.1 - Sustainable Drought Stage 27 6.2 - Warning Drought Stage 30 6.3 - Critical Drought Stage 31 6.4 - Emergency Drought Stage 34 Section 7 - Implementation and Monitoring 37 7.1 - Mitigation Action Plan 37 7.2 - Monitoring of Drought Indicators 38 7.3 - Drought Declarations 39 7.4 - Implementation of Staged Drought Response Program 41 7.5 - Enforcement of Staged Drought Response Program 42 7.6 - Revenue Implication and Financial Budgeting Plan 42 7.7 - Monitoring Plan Effectiveness 44 Section 8 - Formal Plan Approval and Updates 45 8.1 - Public- Review Process 45 8.2 - Adoption of Ordinances and Official Agreements 45 8.3 - Drought Management Plan Approval 45 8.4 - Periodic Review and Update 45 ©Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone LIST OF TABLES Table ES.1- Drought Stages for Town of Firestone ES-2 Table 1.1 - Existing and On -Going Water Conservation Practices 5 Table 1.1 - Drought Plan Stakeholder Committee 6 Table 2.1 - Historical Water Use by Customer Category 11 Table 2.2 - Historical Drought Impacts 12 Table 3.1 - Firestone's Current Water Supply Firm Yield 14 Table 3.2 - Potential Future Drought Impacts 16 Table 4.1 - Supply -Side Response Strategies 18 Table 4.2 - Demand -Side Response Strategies 19 Table 4.3 - Public Drought Campaign Messages (pre -drought) 21 Table 4.4 - Public Drought Campaign Messages (during drought) 22 Table 4.5 - Public Drought Campaign Communication Tools 23 Table 5.1 - Drought Stages for the Town of Firestone 25 Table 6.1 - Staged Drought Response Program 29 Table 6.2 - Three -Day -Per -Week Irrigation — Irrigation Only and 31 Business Customers Table 6.3 - Two -Day -Per -Week Irrigation — Residential, HOA and 33 Business Customer Table 7.1 - Mitigation Action Plan 37 ©Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone LIST OF FIGURES Figure ES.1 - Steps for Drought Declaration ES-4 Figure 1.1 - Firestone Service Area 1 Figure 1.2 - 2010 Water Use 3 Figure 2.1 - Historical CBT Quota 10 Figure 2.2 - Firestone Water Use Per Capita 11 Figure 7.1 - Steps for Drought Declaration 40 O Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone iii EXECUTIVE SUMMARY The Town of Firestone is located approximately 30 miles north of Denver along the Colorado Front Range. The Town's population in 2000 was 1,980 and exploded to 10,147 people in 2010. Currently, Colorado Big Thompson (CBT) water is Firestone's only water supply and the Town is looking to protect this resource and its constituents in times of a drought. The Town currently has a raw water master plan and a water conservation plan and believes this document will serve as another tool in their water resource planning toolbox. Both drought plans and water conservation plans are designed to reduce water demands. The primary difference is drought plans are geared towards short- term mitigation actions to increase water supplies or reduce use and water conservation plans focus on long-term demand reductions through water conservation measures. Planning Process To develop an effective drought management plan, the Town followed a stakeholder review process. The stakeholders reviewed the plan throughout the process and provided valuable feedback for plan development. The Town developed a list of water use priorities, which guided the development of the document: 1. Health and Safety (all indoor uses for all customer categories) 2. Hydrant - New construction/dust control 3. Outdoor public (Tier 1 parks and outdoor irrigation for schools) 4. Outdoor residential and low priority parks (Tier 2 parks) 5. Outdoor business (commercial and industrial) 6. Private outdoor areas (HOA irrigated areas) Drought Stages Municipalities typically acquire water supplies from development before the development actually occurs. Since the Town's water supplies versus its demands fluctuate with time, a Water Supply Index (WSI) was created as a trigger to various drought stages. WSI = Supply = Demand Carryover(last) + (CBT Quota * No. of CBT Units) (Demand * 130%) + Carryover (next) The inputs for supply are the CBT carryover from the previous year plus the number of CBT units the Town owns multiplied by the current CBT quota. The inputs for demand are the previous year's demand plus 10% for growth and a 20% surcharge for Central Weld (30% total) plus the estimated CBT carryover for next year. ©Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone ES-1 The four stages of drought are shown below. The first level is a "Sustainable" level, which incorporates the on -going water saving practices by the Town and water customers. The trigger for this stage is a WSI over 110%. An example of an on -going measure is voluntary watering restrictions between 10 am and 6 pm. There is no targeted water savings with this level, even though water savings is occurring. Table ESA — Drought Stages for the Town of Firestone Drought Stage Sustainable Level Water Supply•- >110% Response Targets None Warning 101 — 109% 5-10% Critical 90 —100% 20-40% Emergency < 90% 40-60% The second stage is a "Warning" level in which the supplies are reduced but still greater than the demand. The trigger for this stage would be a WSI = 101 to 109% with an estimated water savings of 5-10%. During this stage, the Town begins to get into place actions that should be ready to implement should the next stage of drought occur, such as a permit system for new landscaping. Mandatory three -day -a -week watering restrictions will be implemented for HOA's and business customers at this stage. The third level of drought is a "Critical" level in which supplies have fallen below demand and the trigger is a WSI = 90 to 100%. This is a serious stage of drought in which the Town will evaluate leasing additional water from others. Mandatory two -day -a -week watering restrictions will be implemented for all water customers. Irrigation of new sod and landscape will be allowed by permit only. Irrigation of Tier 2 Town Parks will be restricted. Car washing will only be allowed at commercial car washes. The Town would consider implementing a drought surcharge or rate increase to further encourage water conservation and cover costs. The last stage of drought is the "Emergency" level in which the WSI is anything less than 90%. This stage is the most serious and the Town starts to prohibit outdoor irrigation for all water use customers and allows restricted irrigation of the Town's most important Tier 1 parks (i.e., Sports Complex, Hart Park, Settlers Park and Patterson Park). The Town actively pursues leasing water from farmers and other entities. If interconnects with others exist, the Town will pursue acquiring water from those sources. All other restrictions from the "Critical" level will continue. Here is an example to describe why using a WSI is important. The water supplies for 2003 were much different than in 2012. In 2003, the Town owned 3,696 CBT units with 693 acre-feet of carryover and the quota had been set at 50%. Central Weld calculated a demand of 1,170 acre-feet (including the 30%). This situation produced a WSI of 133% for the Town due to a much greater supply than demand. This correlates to the situation the Town described as being at the forefront of a lot of growth and having plenty of water they were able to lease to others. In 2012, the Town owned 4,823 CBT units with a calculated demand of 2,634 acre-feet from Central Weld which resulted in a O Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan ES-2 WSI of 95%. This puts the Town in a "Critical" Drought Stage, if the quota is not increased from the current 50% that was set in November 2011. In summary, a 50% CBT quota can mean two very different things depending on the Town's water supply and demand situation. Drought Declaration The Town will calculate a WSI every November when the quota is issued by Northern Colorado Water Conservancy District (Northern Water District). The WSI will be evaluated again in April when a potential supplemental quota is issued. At this point in the Water Year, the Town will want to declare the appropriate drought stage and take the proper measures. The Town will carefully monitor their water use as the irrigation year progresses. If the severity of the drought intensifies or weakens, the Town may choose to adjust measures accordingly. The following steps will be taken to declare a drought: ©Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan ES-3 Figure ESA — Steps for Drought Declaration • Monitor CBT quota (Nov and Apr) • Calculate WSI in April • If WSI is less than 110%, then go to next step • Evaluate WSI in April • Evaluate severity of supply and demand situation and if others have declared a drought • Recommend a drought stage • Develop recommendations along with Town Staff • Provide recommendation to Town Board at next available Board meeting after WSI is determined (April or May) • Review recommendations from Town Staff • If necessary, declare a drought and corresponding stage • Direct Town Manager and Community Outreach Coordinator to convey drought declaration to public, CWCB, and appropriate parties • Meet to discuss roles and plan for execution O Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan ES-4 INTRODUCTION The Town of Firestone is located approximately 30 miles north of Denver along the Colorado Front Range. The Town's population in 2000 was 1,980 and exploded to 10,147 people in 2010. Currently, Colorado Big Thompson (CBT) water is Firestone's only water supply and the Town is looking to protect this resource and its constituents in times of a drought. The Town currently has a raw water master plan and a water conservation plan and believes this document will serve as another tool in their water resource planning toolbox. 1.1 Profile Existing System SP.rviCP. ArP.a The Town's service area is generally located east of Interstate 25 between Highway 119 and Highway 52 and includes an area of 17 square miles as shown on the figure below. The planning area for the Town encompasses 26 square miles. Figure 1.1 — Firestone Service Area O Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone Firestone takes delivery of its CBT water from Central Weld County Water District (Central Weld). Central Weld treats water at the Carter Lake Filter Plant. Once treated, Central Weld delivers the water to the Town through a 25-mile pipeline delivery system. Over 95% of the Town's water system was installed after 1995 and is in excellent operating condition. Older pipe remains in the historic Old Town area and was installed in the 1970's. This older portion of the system primarily consists of 4-, 6- and 8-inch diameter asbestos cement pipe. The integrity of the older pipe is adequate, but system capacity evaluations have shown that over time this portion of the pipe network needs to be replaced with larger capacity pipe to improve delivery, especially for fire suppression flows. Central Weld has storage throughout its system, including 12 million gallons (MG) southeast of Town, to provide a reliable supply to its constituents. Firestone constructed a 1.5-MG storage tank at this location. This 1.5-MG tank helps to meet peak -hour demands and to stabilize pressure throughout the Town's distribution system. Firestone does not currently have a non -potable water system. Existing Water Supplies Firestone owns the CBT water it uses and transfers it to Central Weld on an annual basis for Central Weld to treat and deliver up to the Master meters. The Town of Firestone is currently required to transfer water rights equal to 120% of the Town's water usage in the previous year plus an additional 10% to meet anticipated growth in the coming year. Every service connection on the Town's distribution system, regardless of use, is metered. All of the system meters are read monthly, and the Town is confident in the design of the system to account for all water use — including hydrant meters used by contractors that buy construction water from the Town. The water use monitoring program the Town has been using for the past six years has been an integral part of Public Works' efforts to minimize system leakage. Customer Water Use Profiles Firestone's billing system tracks water usage for several customer categories: Single - Family Residential, Commercial, Industrial, Multi -family, Parks and HOA Open Space. In 2010, Firestone served 1,897 acre-feet of water, which is broken down as follows: • Single -Family Residential - 1,325 acre-feet • Multi -family - 8 acre-feet • Commercial - 189 acre-feet • Industrial - 6 acre-feet • Parks - 250 acre-feet • HOA Open Space - 117 acre-feet • Construction Water - 2 acre-feet O Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan Figure 1.2 - 2010 Water Use 2010 Water Use (ac-ft) HOAOpen Space, 6.2 % Construction Water,0.1% Town Parks, 13.2 Industrial, 0.3% Commercial, 10.0 Multi -Family, 0.4% The overwhelming majority of the Town's potable water goes to Single -Family Residential water users. However, a significant portion also goes to Parks and HOA Open Space. At this time, there are not many big water users in the commercial and industrial sectors. 1.2 Drought Mitigation and Response Planning A drought can be defined in many different ways. However, the most typical definition includes a lack of precipitation. Drought could also include a lack of stored reservoir water, a lack of soil moisture, etc. In general, drought is defined as a shortage of water supplies due to an extended period of lower than normal precipitation. What would impact CBT users such as Firestone the most, would be cumulative years of drought that would drain the CBT system or a fire that degraded water quality within the CBT system. Impact of Drought on Town's Water Supplies The CBT system is a robust system that contains transbasin water that accumulates in the Colorado River Basin and is pumped from Lake Granby through the Adam's Tunnel to the east slope near Estes Park. Water is then distributed to several Front Range reservoirs. For the CBT system to have a reduction in yield it would have to have several dry years on both the west and east slopes, which is possible. During the 2002 drought, CBT system supplies were extremely low until the late March 2003 snowstorm replenished reservoirs and soil moisture conditions. © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 3 Future water supplies for the Town, in addition to CBT, include NISP and non -potable irrigation water. The NISP project will provide added water resources and reliability to Firestone's overall water portfolio. The reservoirs associated with the NISP project should add to the reliability of the Town's drought supplies. Further, Firestone is making plans to develop a non -potable irrigation system and altering its dedication policy to accept irrigation rights. The irrigation rights surrounding the Town are somewhat junior in nature, but a large planned reservoir at Firestone's future Central Park will help alleviate fluctuations in irrigation water deliveries. The planned non -potable irrigation system will take some pressure off of the Town's CBT and future NISP water, which provides added surety for drought supplies. Purpose and Benefit of Drought Mitigation and Response Planning Drought mitigation refers to the actions taken prior to a drought to help reduce the impact of a drought when it does occur. Drought response planning refers to the steps taken during a drought. For example, the action of declaring a drought when water supply and demand conditions meet certain trigger points is an action step for drought response planning. The benefit of drought mitigation and response planning for the Town is that it can attempt to detect drought in its early stages and get several mitigation actions in place for when drought hits. This will decrease the impacts of the drought. Since Firestone's water supply relies on the CBT system, which has a large system of reservoirs, it will likely take several years of below average conditions for the Town to be in a serious drought. 1.3 Drought Planning Efforts The Town does not currently have a drought plan in place. Firestone put mandatory watering restriction in place during the early part of 2003 when it appeared the 2002 drought was going to extend into the following year. These mandatory restrictions were revoked later in 2003 when the Northern Colorado Water Conservancy District (Northern Water District) raised the quota to a level that would not produce a shortfall for Firestone. The Town implemented several actions in response to the 2002 drought, some of which are still in place. Firestone requires all new residential and commercial lots to have a rain sensor installed before they are issued a building permit. A soils report must also be performed for every new lot, and the Town may incorporate recommendations from this report into the landscape plan. 1.4 Drought Planning and Water Conservation Both drought plans and water conservation plans are designed to reduce water demands. The major difference is drought plans are concerned with short-term strategies to mitigate the impacts of reduced water supplies and likely increased water demands. Water conservation plans are focused on long-term demand reductions due © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 4 to the measures and programs that have been designed to reduce water use. However, there is some crossover as water conservation measures that result in ongoing reduction of demands can provide long-term drought mitigation benefits, such as requiring rain sensor on parks. Table 1.1 - Existing and On -going Water Conservation Practices Conservation Measures Voluntary watering restrictions from 10 a.m. to 6 p.m. Toilet rebate program Washing machine rebate program Historic water usage provided on water bills Water conservation page on website Water waste ordinance Wind and rain sensors must be installed on all new properties Soil report must be performed on all new properties Routine leak detection and repairs Replace inaccurate meters Three-tier rate structure with regular updates to rate stud Water efficient fixtures in Town buildings Promote car washes to use re -circulation techniques Performed irrigation audits on several Town parks ©Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan A SECTION 1 — STAKEHOLDERS, OBJECTIVES AND PRINCIPLES 1.1 Stakeholder Committee To develop an effective drought management plan, the Town followed a stakeholder review process. The stakeholders reviewed the plan throughout the process and provided valuable feedback for plan development. The stakeholders represented a wide variety of different disciplines that may be affected by drought. The following is a list of the stakeholders: Table 1.1 — Drought Plan Stakeholder Committee Name Wes LaVanchy .. Description Town Manager Dave Lindsay Town Engineer Ron Lay Finance Director Theo Abkes Public Works Director Julie Pasillas Water Department Director/Water UtilityClerk Kdsti Ritter Communications Director The Town held four meetings with the Stakeholder Committee as the plan was being developed. The stakeholders consisted primarily of Town staff. We added a meeting with the Town Board before we developed the Staged Drought Response Program in order to get feedback from all of the Board members instead of having just one of them as a Stakeholder. The Town attorney was also involved outside of the Stakeholder meetings to provide input on various aspects of the plan. However, he did not attend each stakeholder meeting to save on costs for the Town. The Town chose not to have members of the community on the Stakeholder Committee, but believes its public comment period will adequately provide a forum for the community, to provide input. The following is a list of the Stakeholder Meetings, Town Board Meetings and the Public -Review Process: a. Project Kick-off Meetinq — Discuss differences between water conservation planning and drought planning. Reviewed the Stakeholder process and potential stakeholder members. b. Stakeholder Meeting #1 — Review objectives and list of water use priorities. Gather info for Step 2 (Historical Drought) and Step 3 (Drought Vulnerability) and Step 4 (Mitigation Strategies). © Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 6 c. Stakeholder Meeting #2 — Gather information for Step 4 (Mitigation Strategies) and Step 5 (Drought Stages and Triggers). d. Stakeholder Meeting #3 — Obtain feedback on preliminary drought stages and triggers. e. Town Board Meeting — Obtain feedback on preliminary drought stages and triggers. f. Stakeholder Meeting #4 — Review draft plan and provide comments. g. Public -Review Period — Plan review period for citizens and local businesses was published in the local paper, notice was provided on the Town website and customer water bills (60 days) h. Town Board Meeting — Present final draft to Board U Objectives of Drought Management Plan The Town developed objectives for this plan and operating principles to help guide them in the overall development of the plan. This was completed to insure the final plan reflected the Town of Firestone's vision for its community. The objectives for this Drought Management Plan are as follows: 1. Plan for droughts before they occur. 2. Identify and determine severity of droughts given knowledge of Town water supply and use. 3. Outline an approach for Town staff and decision makers to respond to a drought in an organized manner. The Stakeholder Committee also developed a list of water use priorities and operating principles to help guide them in the development of the Drought Management Plan. The water use priorities for the Town are as follows: 1. Health and Safety (indoor use for all customer categories). 2. Hydrant use for new construction and dust control. 3. Outdoor public (Tier 1 parks and outdoor irrigation for schools). 4. Outdoor residential and low -priority parks (Tier 1 parks) 5. Outdoor business (commercial and industrial) 6. Private outdoor areas (HOA irrigated areas) The operating principles for the Town are as follows: • Creation of this plan will include a stakeholder process and include input from the public during a 60-day comment period. ©Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan VA • Drought response actions should be implemented in a manner that reflects the priorities that have been listed with the highest priority being health and safety. • Effective coordination among Town staff is vital to the success of this plan. Exceptions to this plan may be necessary but must be communicated clearly to a I I staff. • Economic development is important to the Town and providing adequate drought protection for current and future residents is important to providing a healthy sustainable community for future generations. The operating principles will also be used as guideposts for this Drought Management Plan process to insure that the implementation of the plan is following the original intentions of the committee. O Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan SECTION 2 - HISTORICAL DROUGHT AND IMPACT ASSESSMENT 2.1 Historical Assessment of Drought, Available Supplies and Demands We evaluated the CBT system for Firestone since that is its current and historical supply of water. We met with Northern Water District staff to discuss the drought vulnerability of the CBT system. The system has approximately 740,000 acre- feet of gross storage and consists of 310,000 units. There is approximately 2.3 times the storage than would be needed to deliver a 100% quota. This gives the CBT system some drought reliability. The CBT system has an added advantage by diverting water from the West and East slope of Colorado. The system takes advantage of precipitation and snowpack occurring in several different areas, in case drought conditions are isolated to one region. CBT facilities divert water from the western slope of Colorado to the Front Range to supplement the region's native water supplies. It is the largest trans -mountain water diversion project in Colorado. It was constructed by the Bureau of Reclamation between 1938 and 1957 and is maintained by the Northern Water District. The CBT Project imports an average of 213,000 acre-feet of water each year to many public and private water users along the northern Front Range and northeastern Colorado for agricultural, municipal and industrial uses. The yield of CBT units is established each year by the Northern Water Board through what is known as the quota setting process. The basis for setting the quota is to attempt to make every year look like an average year. The Northern Water Board examines the region's native supplies and local storage before declaring a quota that meets the supplemental need of the region as a whole. As a result, the quota historically is lower in wet years because native supplies are plentiful and local reservoirs are full, so less CBT water is required to satisfy water demands. In dry years, the quota is historically higher to meet the higher demand for water. As CBT continues to transfer from agricultural to municipal use, the landscape of using the CBT project as a supplemental supply is changing. In over fifty years of operation, the average yield has been 0.73 acre-feet per unit and the commonly used average quota is 70 percent. The yield has never been less than 0.50 acre-feet per unit (50 percent quota) or more than 1.0 acre-feet per unit (100 percent quota). The historical annual quota established by the Northern Water Board is shown on the following Figure 2.1. ©Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 9 Figure 2.1 — Historical CBT Quota , The Northern Water District defines a CBT carryover program to CBT Allottees, which allows CBT owners to carry over unused CBT from the previous year to the following year. Per the Northern Water District's Annual Carryover Program Procedures: The Board and District staff will review the advantages and consequences of the Annual Carryover Program on a continuing basis. While the Board recognizes the Program's benefit to many CB T Allottees, it may modify or discontinue the Annual Carryover Program at any time. Considering this procedure, a 50% quota is what most water providers use as the firm yield for CBT. Historically, Firestone has used 60% as a "planning" quota with the position that this Carryover Program is much too valuable to the CBT Allottees, and the Northern Water District will do everything it can to keep the program intact. On an annual basis, the Town is allowed to carryover up to 20%, so has taken the position that including a 10% carryover is reasonable when planning the acquisition of new water supplies. However, for this Drought Management Plan, Firestone will use 50% as a firm yield. In discussions with staff, the Town feels being conservative in drought planning is appropriate whereas in water supply planning, using a higher quota essentially translates to the Town being less aggressive in its water acquisition. The Town of Firestone is a growing community which is evidenced by its water use data over the past ten years. The Town has undergone a lot of growth in population and demand since the 2002 drought, so it makes it difficult to compare a GPCD from the drought years. The average GPCD for the 2002 and 2003 drought years is,187 GPCD. However, they completed a water conservation plan in 2007 and an overall downward trend in GPCD is observed, as seen on Table 2A. © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 10 Table 2.1 - Historical Water Use by Customer Category Category 2002 2003 2004 2005 2006 2007 2008 2009 2010 Residential 723 720 925 1,160 1,308 1,263 1,312 1,094 1,325 Multi -Family 8 7 4 4 10 15 8 7 8 Commercial 112 158 46 72 137 142 176 168 189 Industrial 6 6 7 7 7 7 5 4 6 Parks 22 33 53 116 122 157 212 191 250 Open Space 55 59 84 94 214 199 149 125 117 Total 926 983 1,119 1,453 1,798 1,783 1,862 1,589 1,895 % demand __growth 6% 12% 23% 19% -1 % 4% -17% 16% Population 4,159 5,034 5,748 6,564 7,325 8,365 9,520 9,681 10,147 pop growth 17% 12% 12% 10% 12% 12% 2% 5% Residential GPCD 155 128 144 158 159 135 123 1 101 117 Total GPCD 199 174 174 198 219 190 175 1 147 167 Figure 2.2 - Firestone Water Use Per Capita ©Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Flan 11 The manner in which the Town dealt with the 2002 drought provided the following lessons: • Typically, the Town leases out all of its excess water supplies. Firestone retained this excess in 2003 (after the 2002 drought), and it served as an adequate "cushion" to see how the 2003 year would play out. In the latter part of 2003, the Town was able to lease excess water out to other municipalities that needed it. • The storage in the CBT system itself provided some drought protection for the Town and delayed impacts until the following year. Had the large March 2003 storm not occurred, Firestone would have experience much more severe drought impacts. • Firestone was able to cut its total use by 50% with their mandatory two -day -a - week watering restrictions for residents, reductions in irrigation of parks and open space, and installation of rain sensors on all parks. • Police were needed for enforcement to remind people when they could water. • Setting a time of day mandatory restrictions, i.e., no watering between 10 a.m. and 6 p.m., caused pressure issues in the distribution system because everyone started irrigating at 6 pm. Since then, the Town has constructed a 1.5-MG tank and looped its system to help address potential pressure issues in the future. • Dust from vacant lots became a real problem for the Town and its residents. The Town has a high priority to responsibly use water for dust suppression during the next drought. 2.2 Historical Drought Impact, Mitigation and Response Assessment The Town handled the 2002 drought better than most. However, there were several impacts that it experiences as shown on Table 2.2. Most of these were moderate in nature and did not extend past the 2002 drought. The Town did not have a formal drought plan in place at the time and recognizes the merit of drought management planning prior to the next drought. This Drought Management Plan will provide another tool in Firestone's water planning toolbox. Table 2.2 — Historical Drought Impacts .Historical Impact Severity Loss of revenue from water sales Minor Increased cost and staff time to deal with drought Moderate Reduced firefighting capacity Moderate Increased political conflict Moderate Increased dust storms from vacant lots Significant at times,moderate overall Heightened awareness of water conservation and re- Moderate evaluation of social values/priorities Minor — very little impact, did not require much staff time or resources to address O Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 12 Moderate — some impact, required more staff time to address Significant — key impact concern, occupied staff time Prior to 2002, the Town did not take mitigation actions before a drought. Because the Town was growing rapidly and obtained water through annexation well ahead of some developments coming online, Firestone has plenty of supplies to buffer the onset of an unforeseen drought. During the 2002 drought, increased dust storms from vacant lots caused the largest problem for the Town. The County has regulations for air quality control for new developments. Although the dust storms were a significant problem at times, the Town did not require additional dust mitigation in 2002. The Town overall managed very well through 2002 and thus did not have to do much drought response during 2002. Although the Town had adequate supplies, Firestone implemented watering restrictions as a good faith measure in 2002. © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 13 SECTION 3 - DROUGHT VULNERABILITY ASSESSMENT 3.1 Water Supply Reliability and Drought Management Planning Water supply reliability is the ability of the Town's water supplies to meet the needs of its customers during times of stress. For example, does the firm yield of the water rights provide adequate coverage during drought? This can easily overlap into the drought planning process that evaluates water supplies. The goal of this plan is to focus on drought monitoring, mitigation actions and response to lessen impacts of drought. It is important to assess both water supply reliability and drought management planning as part of the overall water planning process. As stated above, the Town will use a 50% CBT as a firm yield. Since the Town only owns CBT units at this point, calculating the firm yield is relatively simple. Table 3.1 — Firestone's Current Water Supply Firm Yield Summary of Water Planning Documents The Town completed a Water Master Plan in 2003. This plan outlined infrastructure capacity and the needs of the Town's water transmission and distribution systems. This plan was updated in 2010 based on the revised Urban Growth Boundary, which was approved by the Town in 2008. The purpose of the update was to make recommendations for improvements to the existing water system that would support growth as development progresses. Water usage was evaluated along with demand forecasting, future water ownership requirements, water storage requirements, hydraulic modeling, and capital improvement projects. Firestone also completed a Raw Water Irrigation System Master Plan in 2010. The goal of this plan was to provide a raw water system design for irrigation of both existing and future public parks, as well as HOA's and open space areas with non -potable supplies. The plan evaluated areas that could benefit from raw water service and delivery capabilities of irrigation ditches, in addition to other detailed hydraulic calculations. In 2007, Clear Water Solutions completed a Raw Water Master Plan for the Town. The purpose of this plan was to outline goals for raw water acquisition O Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 14 and development. This plan evaluates future water demands and evaluates water supply options available to meet those demands. Clear Water Solutions also completed a Water Conservation Plan for the Town in 2007. This plan addresses how the Town can reduce water demands and conserve water through implementation of water conservation measures and programs. In 2008, Firestone received a grant from the Colorado Water Conservation Board (CWCB) to perform a rate study that was in turn implemented in January 2009. The primary purpose of water rates is to recover expenditures funded with rates through a rate structure that is not unduly discriminatory to any class of customers, while encouraging water conservation. The three tiered rate structure was revamped to encourage water conservation. In 2011, the rate study was updated to assess future rate increases as.well as the success of implementing the 2009 rate structure. Firestone also completed a 2010 Master Plan. This plan defines a consistent vision for the Town's future growth and land use. The plan defines areas for future residential development, both high and low density, areas for commercial and industrial development, as well as areas for parks and open space. Other Factors that Potentially Impact Water Supply The CBT supplies are stored in Lake Granby on the western slope of Colorado. Should a fire ever occur in the area, water quality would be a major issue for Firestone and other CBT Allottees. There is a tremendous amount of beetle kill to trees surrounding Lake Granby. This beetle kill poses an increased risk to fire. Firestone would be vulnerable to Central Weld's abilities to treat degraded water quality as east slope CBT storage, once segregated from the system to avoid contamination, is likely not enough storage to meet demands — particularly in a drought. Firestone's water supplies would also be vulnerable in an extended drought. The Town currently maximizes its carryover each year through the Northern Water District, but a multi -year drought would like decrease or eliminate Firestone's carryover account. © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 15 3.2 Drought Impact Assessment The Town could experience a variety of drought -related impacts which are outlined in Table 3.2. The severity of these impacts is related to the magnitude and duration of the drought, as well as the effectiveness of the drought response efforts. Table 3.2 — Potential Future Drought Impacts Future Impact Dama a to Landscaping and Lawns Severity Significant Loss of revenue from water sales Moderate Increased cost and staff time to deal with drought Moderate Reduced firefighting capacity Moderate Reductions in distribution service pressure Moderate/Potentially Significant Increased eolitical conflict Moderate Increased dust storms from vacant lots Significant Increased data/information needs to monitor and implement drought mitigation plan Minor Minor — very little potential impact, will not require much staff time or resources to address Moderate — some potential impact, will require more staff time to address Significant — key potential impact concern, will be primary focus for staff O Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 16 SECTION 4 - DROUGHT MITIGATION AND RESPONSE STRATEGIES 4.1 Drought Mitigation Measures A preliminary list of potential drought mitigation steps was developed by utilizing the CWCB's Drought Management Guidance Document worksheets. The measures were screened during the second Stakeholder Committee meeting. The preliminary mitigation list was screened using the following criteria: • Technical feasibility - Will the mitigation or response strategy work as intended in a timely manner? Is there staff available to implement the action? • Perceived benefits - Will the selected mitigation or response strategy provide an adequate amount of water savings? • Enforceable - Is the measure worth the costleffort of enforcing it? • Public acceptance - How will the public accept the selected mitigation or response strategy? • Cost-effectiveness - Assessment of cost versus water savings The following is a list of the final mitigation measures that were selected: Drought management planning - This drought management plan is being prepared in advance of drought, and therefore, is considered a drought mitigation step. It includes objectives and operating principles, assessment of historical and potential drought impacts, drought -related monitoring, drought stages, trigger points and response targets, declaration of a drought, development of drought -related ordinances, and a public drought information campaign. • Monitoring of drought indicators - The Town will calculate the water supply index on an annual basis and complete further monitoring as described in Section 5. Develop management strategies and water supply options - The Town will maximize CBT carryover and consider leasing excess CBT supplies when they exist. The Town will be prepared to lease raw water from farmers and other entities for treatment by Central Weld when it is necessary. Firestone will also evaluate leasing treated water from other entities that could be delivered through future interconnects with the Town. In the © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 17 future, the Town may have non -potable supplies that could be exchanged for treatable water such as CBT. • Contract negotiations —Discuss with Central Weld a temporary reduction in raw water transfer requirements. • Existing operation and maintenance activities that improve water distribution efficiency— The Town routinely conducts distribution system audits and repairs leaks as necessary. They also calibrate and replace inaccurate meters as necessary. • On -going practices by Town to promote water sustainability — The Town has many on -going practices that promote water conservation that can also act as drought mitigation measures, see Table 1.1. • Maintain an operating reserve account — The Town maintains a 20% reserve balance in its Water Fund that is used for emergencies such as a drought. 4.2 Supply -Side Response Strategies The supply-side response strategies were chosen using the same criteria as the drought mitigation measures described in Section 4.1. The Town will seek financial and technical assistance opportunities early in the process when possible. The strategies chosen and shown in Table 4.1 reflect the list of water use priorities and operating principles that was selected by the Town. Table 4.1 — Supply -Side Response Strategies Category Response Strategy Seek technical and • Identify state, federal, county and private financial financial assistance assistance opportunities, which could include grant or loans for emergency drought related planning, drought relief, and/or water use efficiency im rovements. Develop management . Maximize CBT carryover options and evaluate leasing strategies and water supply excess CBT supplies. options . Evaluate leasing raw water from farmers and other entities for treatment by Central Weld, and evaluate leasing treated water from other entities that could be delivered through future interconnects with the Town. • In the future, consider exchanging non -potable supplies for treatable supplies like CBT water. • Consider trucking in water or distributing bottled water in times of extreme drought. Operational practices • Consider reducing service distribution pressures. © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 18 4.3 Demand -Side Response Strategies The demand -side response strategies were chosen using the same criteria as the drought mitigation measures and the supply-side response strategies. The goal of demand -side measures is to decrease water use for the Town and its constituents. The strategies chosen and shown in Table 4.2 reflect the list of water use priorities and operating principles that was selected by the Town. Table 4.2 — Demand -Side Response Strategies Category • •Strategy Town Operations • Promote efficient water use on Town properties. (actions taken by Town • Restrict/eliminate irrigation on Town parks and staff to conserve water) landscaping. • Turn off ornamental fountains. • Limit/prohibit washing of Town vehicles except at commercial car washes. • Limit/prohibit street and sidewalk cleaning. • Limit hydrant flushing. • Limit water used for fire training. • Provide a drought reserve (cash fund) and/or drought surcharge or rate increase as necessary. Water Customers • Enforce outdoor watering restrictions. • Limit number of watering days and duration of watering time. • Limit watering to hand-held hose or low -volume spray device. • Allow installation of new sod and landscape by permit only. • Limit/prohibit personal vehicle washing except at commercial car washes. • Limit/prohibit washing of impervious surfaces such as driveways and/or sidewalks. • Promote indoor reduction of water use. • Limit use of construction water. • Promote/enforce service of water in restaurants only upon request. • Promote/enforce reduction of frequency of linen and towel washing in hotels. 4.4 Drought Public Information Campaign The public drought campaign will be coordinated by the Communications and Community Outreach Department, which will also work with the Water Department to © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 19 distribute water conservation information. Both the drought management plan and water conservation plan will promote the importance of saving water during drought and non - drought years. The public drought campaign objectives are: • Distribute clear, concise information to water customers and media. • Adjust the intensity of public outreach depending on the severity of the drought within each drought stage. • Coordinate campaign efforts with other entities when feasible. The Communications and Community Outreach Department and the Water Department will monitor the drought conditions and messaging used by surrounding municipalities and water providers. This will be helpful if the Town needs to explain the difference between the Town's drought stages and measures being implemented versus other entities. Table 4.3 is a list of public information messaging that should occur before a drought and is part of an ongoing drought information coordination program. This includes basic information about the plan, where it is located and how it could impact water users. Some of these items may need to be coordinated with other entities, such as monitoring others' drought status. The Town should be able to explain the difference between its drought stages compared to others and the subsequent measures taken compared to others. Some of these messages will continue throughout all drought stages. © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 20 Table 4.3 — Public Drought Campaign Messages (pre -drought) Message Coordination Status of current drought conditions Be current on the messaging and and corresponding drought stages drought stages being used by other entities and be ready to explain the difference to water customers and media. Long-term sustainability of water n/a system Location where Drought Management n/a Plan may be accessed Measures and/or impacts that n/a customers can expect if drought continues or intensifies Factors that could influence water n/a supply services and cost of services Water provider's actions to save water Be aware of other water providers' and/or acquire new water drought efforts that could be used for the Town's public information cam ai n. Policy recommendations, requirements n/a and penalties Enforcement of drought policies nla Explanation of drought surcharge or n/a rate increase As drought levels increase, public outreach will need to be intensified. Messaging will have to be delivered to the public in a clear, concise manner and repeated as necessary to insure public involvement. Table 4.4 shows a list of messages that may be used during a drought to convey information to the public. Some of these are ongoing water conservation messages and some of these may be created during a drought to create a "buzz," such as publicizing efforts of individuals to reduce their water use. Other resources can be utilized, such as local landscaping companies providing landscaping tips during a drought and post -drought landscape revival information. © Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 21 Table 4.4 — Public Drought Campaign Messages (during drought) On- oin Conservation`"Massa es Increase advertisement for water conservation incentives, such as rebates for water -efficient fixtures i.e., toilets and washing machines Water conservation savings tips Instructions for customers to reduce their indoor water use Ways to clean impervious areas without a hose Ways to wash cars that minimize water waste Instructions for customers on how to set up a water use plan for their homes or businesses Drought Messages Current drought stage and watering restrictions (i.e., impacts the customer can ex ect if drought continues or intensifies Landscape tips during a drought Post -drought landscape revival information Provide customers with a drought report card showing monthly and annual water use re-drou ht and during the drought. Publicize efforts of individuals and/or businesses as examples of how to reduce water use The Communications and Community Outreach Department and the Water Department, at the direction of the Town Manager, will coordinate how the public drought campaign is communicated to the public. Table 4.5 shows a list of communication tools that will be used to deliver the message to each targeted audience. More urgent messaging will be used for the short-term response strategies that will be conveyed during a drought. These include bill inserts, media articles, television and radio ads, and social media networking. © Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan Table 4.5 - Public Drought Campaign Communication Tools Targeted Short -Term Response Long-term Mitigation Audience Strate• (during drought) Town Staff and . Email • Email Town Board • Meetings Media • Website • Website • Media articles • Social media • Social media networking networking . Newsletter All Water . Bill inserts • Website Customers . Website • Broadly • Broadly distributed distributed email email • Social media •. Social media networking networking . Newsletter • Public meetings • Booths at • Media articles special events • Booths at special events • Public posters School Children . School programs • Water • Booths at special educational events for children material for teachers • Booths at special events for children ©Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 23 SECTION 5 - DROUGHT STAGES, TRIGGER POINTS AND RESPONSE TARGETS 5.1 Drought Stages, Trigger Point and Response Targets Water providers plan for drought differently depending on the seniority of their water supplies, whether or not they have reservoir storage, and their overall philosophy on acceptable risk tolerance. Some municipalities establish drought triggers based on water supply only, such as when reservoirs reach a certain levels. Others consider both supply and demand when defining drought trigger points. Firestone's water supplies, like many municipalities', vary as water is pre - dedicated by developers before the subdivisions are built. Because of this, Firestone chose to use a water supply index (WSI) that considered the Town's water supply and demand. This index considers how closely water demand encroaches on supply and will be able to adjust for future growth. WSI = Supply Carryover(last) + (CBT Quota * No. of CBT Units) _ Demand (Demand * 130%) + Carryover (next) The inputs for supply are the CBT carryover from the previous year plus the number of CBT units the Town owns multiplied by the CBT quota. The inputs for demand are the previous year's water use plus 20% for Central Weld plus 10% for growth (130% total) plus the estimated CBT carryover for next year. The 20% loss factor and 10% growth factor is part of the agreement between Firestone and Central Weld. The carryover amount is calculated by the Northern Water District as the lesser of 1) 20% times Firestone's CBT units (converted to acre- feet) or 90% of Firestone's October 31St Quota account. The following is an example of why Firestone chose to use the WSL The water supplies for 2003 were much different than in 2012. In 2003, the Town owned 3,696 CBT units with 693 acre-feet of carryover and the quota was at 50%. Central Weld calculated a demand of 1,170 acre-feet (including the 30%). This situation produced a WSI of 133% for the Town due to a much greater supply than demand. This is reflective of the situation the Town was in as it was on forefront of a lot of growth and had plenty of water to lease to others. In 2012, the Town owns 4,823 CBT units with a calculated demand of 2,634 acre-feet from Central Weld, resulting in a WSI of 95%. Based on the drought stages described below, this will put the Town in a "Critical" Drought Stage if the quota is not increased from the current 50% that was set in November 2011. As can be seen, the same quota yielded two completely different pictures due to the pre - dedicated water in 2003 before demand came online. Solely looking at the supply-side as a drought trigger would not work for the Town of Firestone. The four stages of drought are shown in Table 5.1. The first level is a "Sustainable" level, which incorporates the on -going water saving practices by © Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 24 the Town and water customers. The trigger for this stage is a WSI over 110%. An example of an on -going measure is voluntary watering restrictions between 10 am and 6 pm. There is no targeted water savings with this level, even though water savings is occurring. Table 6.1 — Drought Stages for the Town of Firestone StageDrought Sustainable Level Water Supply Index >110% ResponseTargets None Warning 101 —109% 5-10% Critical 90 —100% 20-30% Emergency < 90% 40-60% The second stage is a "Warning" level in which the supplies are reduced but still greater than the demand. The trigger for this stage would be a WSI = 101 to 109% with an estimated water savings of 5-10%. During this stage of drought, the Town begins to put into place actions that should be ready to implement should the next stage of drought occur, such as a permit system for new landscaping. Mandatory three -day -a -week watering restrictions will be implemented for HOA's and business customers at this stage. The third level of drought is a "Critical" level in which supplies have fallen below demand and the trigger is a WSI = 90 to100%. This is a serious stage of drought in which the Town will evaluate leasing additional water from farmers and other entities and potential trades of non -potable supplies for treatable water. Mandatory two -day -a -week watering restrictions will be implemented for all water customers (residential, business, HOA's). Irrigation of new sod and irrigation will be allowed by permit only. Irrigation of Tier 2 Town Parks will be restricted. Car washing will only be allowed at commercial car washes that use recirculation techniques. The Town would consider implementing a drought surcharge or rate increase to further encourage water conservation and cover costs. The last stage of drought is the "Emergency" level in which the WSI is anything less than 90%. This stage is the most serious, and the Town starts to prohibit outdoor irrigation for all water use customers and allows restricted irrigation of the Town's most important Tier 1 parks (i.e., Sports Complex, Hart Park, Settlers Park, Patterson Park and outdoor school use). The Town actively pursues leasing water from,farmers and other entities. If interconnects with others exist, the Town will pursue acquiring water from those sources. All other restrictions from the "Critical" level will continue, such as the new landscape permit. These drought triggers are meant to be guidelines and can be adjusted during times of drought depending on the severity and other outside factors. When drought occurs, many on -the -ground decisions will have to be made when the Town is actually implementing the drought actions steps. O Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 25 5.2 Drought Declaration and Predictability Weather in Colorado is extremely variable as it can change quickly. It can present extreme temperatures and precipitation as with the blizzards in 2007 or the drought in 2002. This makes it is almost impossible to predict the beginning or end to drought. The Town will monitor its WSI on a continual basis. Water Department staff will start in November when the first quota is issued by the Northern Water District and then update it again when the April quota is declared. April will be an important time for the Town to monitor its water supply and demand situation and declare a drought if necessary. If a drought is declared, the Town will begin implementing the appropriate drought response strategies. During a declared drought, the Water Department will calculate the WSI monthly and also monitor the savings from drought response strategies on a monthly basis. Depending on how the year progresses, i.e., the drought improves/worsens or an additional CBT quota is issued, the Town will adjust the drought stages as necessary. Water Department staff will also monitor monthly, drought conditions on a broader basis such as state-wide drought conditions and the U.S. Drought Monitor. This may be important to know when applying for financial and technical assistance. Additionally, the Water Department staff will monitor monthly trends in precipitation, temperature and snowpack. A Water Department staff member will also attend the annual Northern Water District meetings in November and April to learn the status of the CBT system (snowpack, river flows, and precipitation). The Town selected to monitor a WSI because it is the quickest measure of its water availability. Firestone will work swiftly to declare a drought at the onset to help reduce the impacts. The WSI is also beneficial because it will be factoring in the effects of multi -year droughts due to the reduction in the CBT carryover from the previous year, thus decreasing the supply and consequently the overall WSI. Other entities have used the CBT quota as a sole basis for setting their triggers for the drought stages. This is probably what makes sense to most people to use the CBT quota because they are so used to dealing with it. However, it is only addressing half of the equation and leaves out a lot of other factors in the decision making process. Again, decisions will have to be made by Town staff and Board to address the adequacy of the response strategies as the drought progresses and most certainly if multiple -year droughts start occurring. © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 26 SECTION 6 - STAGED DROUGHT RESPONSE PROGRAM This section of the report will describe the specific response measures that are to be taken during each respective stage of drought. This will address both supply and demand side measures for the Town and is summarized in Table 6.1. 6.1 Sustainable Drought Stage Drought Trigger Points: WSI greater than 110% Drought Stage and Trigger Summary: This drought stage will occur during normal conditions when the WSI is greater than 110%. This stage will include on -going water conservation savings implemented by the Town and water customers such as voluntary watering restrictions. There is no water savings targeted for this stage, even though savings will be realized. Supply -Side Response Measures: The following describes the supply-side measures that will be considered by the Town at the onset of this drought stage. Seek technical and financial assistance opportunities - This may include assistance from the public sector at the federal, state or county level or from private entities. Assistance may include grants, loans, technical assistance, education, etc. Firestone should be aware of the technical and financial opportunities before a drought occurs so that the Town is able to take advantage of those opportunities quickly and efficiently when a drought occurs. Develop management strategies and water supply options - Annually the Town evaluates the amount of CBT to carryover and how much excess can be comfortably [eased. Firestone will investigate water supply options for future leases from farmers and other entities. These management strategies for this drought stage include the following: o Maximize CBT carryover options and lease excess supplies as available. Demand -Side Response Measures: Town • Outdoor irrigation for Town property— Promote standard irrigation practices that result in efficient water use (such as water audits and repairing leaks). © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 27 Water Customers • Outdoor irrigation for HOA's —Promote standard irrigation practices that result in efficient water use (such as water audits and repairing leaks). • Outdoor irrigation for Business Customers —Promote standard irrigation practices that result in efficient water use. • Outdoor irrigation for Residential Customers —Promote standard irrigation practices that result in efficient water use. • Washing vehicles and impervious surfaces — Promote minimizing the power washing of impervious surfaces and instead use a broom or mop to sweep sidewalks and/or driveways. Promote using a shut-off nozzle and bucket for washing personal vehicles. • Restaurants and lodging establishments - Promote water conservation and water efficient practices. Public Campaign: Distribution of on -going pre -drought information as described in Section 4.4. Enforcement Procedures: As described in Section 7.5. © Clear Water Solutions, Inc. 'town of Firestone 2012 Drought Management Plan 28 Table 6.1 - Staged Drought Response Program Water Supply Index >110% 101%-110% 90%-100% <90% Levelsi Sustainable Warning Critical Emergency Water Savings Goal 5-10% 20-30% 40-60% SUPPLY-SIDE STRATEGIES: TECHNICAL & FINANCIAL ASSISTANCE: Seek technical and financial assistance opportunities Max Carryover, consider leasing CBT OPTIONS: Max Carryover, lease excess excess Max Carryover, no leasing Max Carryover, no leasing Evaluate leasing water from Evaluate leasing wate r from PURCHASE RAW WATER'; farmers or purchasing raw farmers or purchasing raw Lease water from farmers or water from other water water from other water purchase raw water from other providers providers water providers Evaluate purchasing water Evaluate purchasing water Purchase treated water through PURCHASE TREATED WATER: through interconnects I through interconnects interconnects OTHER SOURCES: Exchange nonpotable water for Consider trucking in water or bring treatable (i.e. CBT) in bottled water CONTRACT NEGIOTATIONS: Discuss with water provider a temporary reduction in raw water transfer requirements OPERATIONAL PRACTICES: Consider reducing distribution Reduce distribution service pressure service pressure as needed DEMAND -SIDE STRATEGIES: OUTDOOR IRRIGATION FOR Allow standard irrigation Allow standard irrigation Restrict irrigation on Tier 2 Eliminate irrigation on Tier 2 Town practices and promote practices and promote Town Parks Parks and Restrict on Tier 1 Parks TOWN PROPERTY: efRcienct water use efficienct water use (est. 5%savings') jest. 9% savings` TOWN FOUNTAINS: Ornamental fountains in Town Ornamental fountains in Town Park Park are turned off are turned off Considering limit washing of Limit washing of Town fleet TOWN VEHICLE WASHING: Town fleet vehicles to once vehicles to once every other Town fleet vehicles may only be every other week week washed at commercial car wash TOWN STREET CLEANING: Limit street and sidewalk Street and sidewalk cleaning Street and sidewalk cleaning cleaning prohibited prohibited Reduce frequency of hydrant Hydrant flushing Is prohibited unless HYDRANT USE: flushing necessary for public safety Limit use of water for fire Encourage further reductions in training water use for fire training OUTDOOR IRRIGATION FOR Mandatory watering Mandatory watering HOA outdoor irrigation is prohibited, HOA'S {Irrigation -only taps): Voluntary watering restrictions to three days a restrictions to two days a week except for hand watering of trees restrictions week (est.3%savings`) test, 4%savings') and shrubs (est. 6% savings') OUTDOOR IRRIGATION FOR Business outdoor irrigation is BUSINESS (Commercial & Mandatory watering Mandatory watering prohibited, except for hand watering industrial taps): Voluntary watering restrictions to three days a restrictions to two days a week of trees and shrubs (est.5% restrictions week est.3%savin sav ings*) g ) (est.4%savings') savings') Residential outdoor irrigation Is OUTDOOR IRRIGATION FOR Mandatory watering prohibited, except for hand watering RESIDENTIAL CUSTOMERS: Voluntary watering restrictions to two days a week of trees and shrubs (est. 42% restrictions Voluntary watering restrictions (est.21%savings`) savings') IRRIGATION OF NEW SOD/ LANDSCAPING_ Irrigation of new sod, seeding, Irrigation of new sod, seeding, and and landscaping by permit only landscaping by permit only Power Washing and spraying of impervious Power washing and spraying of WASHING VEHICLES AND surfaces should be Limit power washing and impervious surfaces is Power washing and spraying of IMPERVIOUS SURFACES (such minimized spraying of impervious surfaces prohibited. impervious surfaces is prohibited. as sidewalks and driveways): Promote washing of Promote washing of personal Personal vehicles may only be personal vehicles with a vehicles with a shut-off nozzle washed at a commercial car Personal vehicles may only be shut-off nozzle and bucket and bucket wash washed at a commercial car wash Encourage each resident to INDOOR WATER USE: reduce their water Encourage each resident to reduce consumption their water consumption CONSTRUCTION WATER: Conserve and prevent wasting of constuction water Limit use of construction water Restaurants are encouraged to All restaurants are required not All restaurants are required not to Restaurants are encouraged only serve water when to serve water unless customer serve water unless customer to promote conservation requested by customer specifically asked specifically asked RESTAURANTS AND LODGING Lodging establishments are Lodging establishments are ESTABLISHMENTS: encouraged to promote required to promote Lodging establishments are required Lodging establishments are conservation and only change conservation and only change to promote conservation and only encouraged to promote linens and towels when linens and towels when change linens and towels when conservation specifically requested specifically requested specifically requested DROUGHT SURCHARGE OR Consider drought surcharge or Implement drought surcharge or RATE INCREASE'` rate increase rate increase as needed NOTES:' Purchase raw water supplies that are treatable by Central Weld or future water suppliers 3 Developing a drought reserve or rate stabilization fund can also be done to offset the costs associated with drought *Estimated water savings is based on total annual water use for the Town ® Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 29 6.2 Warning Drought Stage Drought Trigger Points: WSI between 101 to 110% Drought Stage and Trigger Summary: This drought stage will occur when supplies are still greater than demand and the WSI is between 101 to 110%. This stage will include the first level of mandatory watering restrictions. The water savings target will be 5-10%. Supply -Side Response Measures: The following describes the supply-side measures that will be considered by the Town at the onset of this drought stage. • Seek technical and financial assistance opportunities - This may include assistance from the public sector at the federal, state or county level or from private entities. Assistance may include grants, loans, technical assistance, education, etc. Firestone should be aware of the technical and financial opportunities before a drought occurs so that the Town is able to take advantage of those opportunities quickly and efficiently when a drought occurs. • Develop management strategies and water supply options - Annually the Town evaluates the amount of CBT to carryover and how much excess can be comfortably leased. Firestone will investigate water supply options for future leases from farmers and other entities. These management strategies for this drought stage include the following: o Maximize CBT carryover options and consider how much water to lease, if any. o Discuss with water provider a temporary reduction in raw water transfer requirements. Demand -Side Response Measures: Town • Outdoor irrigation for Town property— Promote standard irrigation practices that result in efficient water use (such as water audits and repairing leaks). • Vehicle washing— Limit washing of Town vehicles to once every other week. • Street cleaning — Limit street and sidewalk cleaning and encourage water efficient practices. O Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 30 Water Customers • Outdoor irrigation for HOA's -Mandatory watering restrictions to three -days -a - week. • Outdoor irrigation for Business Customers -Mandatory watering restrictions to three days per week. Table 6.2 - Three -Day -Per -Week Irrigation - Irrigation Only and Business Customers • Outdoor irrigation for Residential Customers -Promote standard irrigation practices that require efficient water use (such as water audits and repairing leaks). • Washing vehicles and impervious surfaces - Promote minimizing the power washing of impervious surfaces and instead use- a broom or mop to sweep sidewalks and/or driveways. Promote using a shut-off nozzle and bucket for washing personal vehicles. • Restaurants and lodging establishments - Restaurants are encouraged to only serve water when requested by customer and lodging establishments are encouraged to promote conservation and limit frequency of linen washing. • Construction water- Appropriate measures should betaken to reduce the use of hydrant water for construction (i.e. following best management practices). Public Campaign: Distribution of drought information as described in Section 4.4. Enforcement Procedures: As described in Section 7.5. 6.3 Critical Drought Stage Drought Trigger Points: WSI between 90 to 100% © Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 31 Drought Stage and Trigger Summary: This drought stage will occur when supplies are less than or at current demand and the WSI is between 90 to 100%. This stage will include the mandatory two -day -a -week watering restrictions for all water customers. The water savings targeted will be approximately 20-30%. Supply -Side Response Measures: The following describes the supply-side measures that will be considered by the Town at the onset of this drought stage. • Seek technical and financial assistance opportunities - This may include assistance from the public sector at the federal, state or county level or from private entities. Assistance may include grants, loans, technical assistance, education, etc. Firestone should be aware of the technical and financial opportunities before a drought occurs so that the Town is able to take advantage of those opportunities quickly and efficiently when a drought occurs. • Develop management strategies and water supply options - Annually the Town evaluates the amount of CBT to carryover and how much excess can be comfortably leased. Firestone will investigate water supply options for future leases from farmers and other entities. These management strategies for this drought stage include the following: o Maximize CBT carryover options and no leasing of excess CBT supplies. o Evaluate leasing raw water from farmers and other entities for treatment by Central Weld. o Evaluate leasing treated water from other entities that could be delivered through future interconnects with the Town. o in the future, consider exchanging non -potable supplies for treatable supplies like CBT water. o Discuss with water provider a temporary reduction in raw water transfer requirements. • Operational Practices —Consider reducing distribution service pressure for water customers. Demand -Side Response Measures: Town Outdoor irrigation for Town property — Restrict irrigation on Tier 2 parks, limit to three days per week (Mon, Wed and Fri) • Ornamental fountains — Fountains owned by the Town will be turned off. • Vehicle washing — Limit the washing of Town vehicles to once every other week. © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 32 • Street cleaning - Prohibit street and sidewalk cleaning. • Hydrant use- Reduce the frequency of hydrant flushing and limit the use of water for fire training. Drought surcharge - Consider developing a drought surcharge or water rate increase to implement to further reduce water use and help cover costs for the reduced sale of water and cost of implementing drought measures. Surcharge will apply to all customers. Water Customers • Outdoor irrigation for HOA's -Mandatory watering restrictions reduce irrigation to two days per week. • Outdoor irrigation for Business Customers -Mandatory watering restrictions reduce irrigation to two days per week. • Outdoor irrigation for Residential Customers -Mandatory watering restrictions reduce irrigation to two days per week. Table 6.3 - Two -Days -Per -Week Irrigation - Residential, HOA and Business Customers • Irrigation of new sod and landscape - Allowed by permit only. • Washing vehicles and impervious surfaces - Power washing and spraying of impervious surfaces is prohibited. Personal vehicles may only be washed at commercial car washes. No personal washing of cars will be allowed. • Restaurants and lodging establishments - Restaurants do not serve water and lodging establishments do not change linens unless specifically asked by customer. They are required to promote water conservation to their customers by encouraging actions such as shorter showers. ©Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 33 • Indoor water use — Residents are encouraged to reduce their water use by 5%. Information on how to reduce water use is found on the Town website. • Construction wafer— Appropriate measures should betaken to reduce the use of hydrant water for construction. Public Campaign: Distribution of drought information as described in Section 4.4. Enforcement Procedures: As described in Section 7.5. 6.4 Emergency Drought Stage Drought Trigger Points: WSI less than 90% Drought Stage and Trigger Summary: This drought stage will occur when supplies are less than demand as the WSI is less than 90%. This stage will prohibit irrigation for all water customers except for hand watering. The water savings targeted will be approximately 40-60%. Supply -Side Response Measures: The following describes the supply-side measures that will be considered by the Town at the onset of this drought stage. Seek technical and financial assistance opportunities - This may include assistance from the public sector at the federal, state or county level or from private entities. Assistance may include grants, loans, technical assistance, education, etc. Firestone should be aware of the technical and financial opportunities before a drought occurs so that the Town is able to take advantage of those opportunities quickly and efficiently when a drought occurs. Develop management strategies and wafer supply options - Annually the Town evaluates the amount of CBT to carryover and how much excess can be comfortably leased. Firestone will investigate water supply options for future leases from farmers and other entities. These management strategies for this drought stage include the following: o Maximize CBT carryover options and no leasing of excess CBT supplies. o Lease raw water from farmers and other entities for treatment by Central Weld. o Lease treated water from other entities that could be delivered through future interconnects with the Town. ©Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 34 o In the future, consider exchanging non -potable supplies for treatable supplies like CBT water. o Discuss with water provider a temporary reduction in raw water transfer requirements. Operational Practices — Reduce distribution service pressure for water customers as needed. Demand -Side Response Measures: Town • Drought surcharge — Implement a drought surcharge and/or water rate increase as needed. Surcharge will apply to all customers. • Outdoor irrigation for Town property —Eliminate irrigation of Tier 2 parks and reduce irrigation at Tier 1 parks (Sports Complex, Hart Park, Settlers Park and Patterson Park). Ornamental fountains — Fountains owned by the Town will be turned off. • Vehicle washing — Washing of Town vehicles is only allowed at commercial car washes. • Street cleaning -- Prohibit street and sidewalk cleaning. • Hydrant use — Water use for hydrant flushing and fire training will be prohibited unless essential for public safety. Water Customers • Outdoor irrigation for HOA's -All outdoor irrigation is prohibited with exception to watering of trees with a hand-held hose. • Outdoor irrigation for Business Customers —All outdoor irrigation is prohibited with exception to watering of trees with a hand-held hose. • Outdoor irrigation for Residential Customers —All outdoor irrigation is prohibited with exception to watering of trees with a hand-held hose. Irrigation of new sod and landscape — Allowed by permit only. • Washing vehicles and impervious surfaces — Power washing and spraying of impervious surfaces is prohibited. Personal vehicles may only be washed at commercial car washes. No personal washing of cars will be allowed. Q Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 35 • Restaurants and lodging establishments — Restaurants do not serve water and lodging establishments do not change linens unless specifically asked by customer. They are required to promote water conservation to their customers by encouraging actions such as shorter showers. • Indoor water use —Residents are encouraged to reduce their water use by 10%. Information on how to reduce water use is found on the Town website. Construction water— Limit use of hydrant water for construction. Public Campaign: Distribution of drought information as described in Section 4.4. Enforcement Procedures: As described in Section 7.5. ® Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 36 SECTION 7 — IMPLEMENTATION AND MONITORING 7.1 Mitigation Action Plan The Town developed a mitigation action plan which includes implementing the drought mitigation measures described in this plan as well as water conservation measures listed on Table 1.1. Table 7.1 lists the mitigation steps and highlights deadlines for their completion although some of them are on -going actions taken by the Town. Table 7.1 — Mitigation Action Plan .. . Imple -Administration Steps- Deadline .! Complete Stakeholder ..Implementation Oct 2011 process Complete Public -Review May -Jul Drought Process Complete activity 2012 Plan approved by Town Aug 2012 Management by milestone Town Staff Planning Board deadline Town Board approved drought -related Aug 2012 ordinances Continue participation in Town budgets the CBT carryover funds to do this On -going Water Dept. program annually Communicate with Prior to start of Management lessees about future Contact lessees each Water Dept. Supply lease back options in prior to April 15t irrigation Strategies and times of severe drought Water Supply season options Left Hand Water District has Develop plan for future existing Existing Engineering interconnects interconnections Dept. with Central Weld's system Audits of water distribution Conducted annually system See Water Repair of leaks As -needed Conservation Plan On -going Public Works Monitoring and for more detail Dept. replacement of Conducted annually inaccurate meters Conservation Implemented via Water See Water Conservation Plan On -going Water Dept. Programs Conservation Plan for more detail © Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 37 Table 7.1 — Mitigation Action Plan (continued) Implemen tatio n Activity Steps for ImplementationMitigation Milestone - Administration Parks Dept. staff will inspect and Inspection of sprinkler replace broken heads sprinkler heads daily during the Irrigation Audits irrigation season Parks staff will on Town Parks On -going Parks Dept. evaluate on an Convert areas to annual basis the xeriscape areas that may be converted to Xeriscape Town has changed Northern dedication policy Integrated to require new Supply Project Obtain funding developmenttoOn-going Water Dept. (NISP) dedicate 75 /o water and 25% cash (to be used toward NISP) A consultant has been hired to Regional Water Research possible joint explore a possible Treatment Plant water treatment water treatment On -going Water Dept. plant located in the Cache la Poudre Basin 7.2 Monitoring of Drought Indicators The Water Department will calculate a WSI every November when the initial CBT quota is set by the Northern Water District and Central Weld sends a letter with water transfer requirements for Firestone. The WSI will be evaluated again in April, when a supplemental quota is potentially issued. At this point, the Town will want to declare the appropriate drought stage and take the proper measures. During a declared drought, the Water Department will calculate the WSI monthly and also monitor the savings from drought response strategies on a monthly basis. Additionally, the Town will carefully monitor its water use as the irrigation year progresses. The Town can adjust the frequency of monitoring its water use and WSI depending on whether the drought eases or intensifies. If the severity of the drought weakens, Town may choose to adjust measures accordingly. Conversely, if water supplies are further depleted, the Town may choose to take more extreme measures. In addition, precipitation, temperature and snowpack data will be monitored by the Water Department, on a monthly basis. Health of landscaping will also be monitored by Town staff to determine the impacts of watering restrictions. © Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 38 7.3 Drought Declarations Town staff will review the drought triggers discussed previously and then will use their knowledge of the system and history with the Town to make a recommendation in a timely manner. The Town Manager will be ultimately responsible for providing the final recommendation on the drought declaration and corresponding drought stage to the Town Board. The timing of the declaration will be early enough to provide adequate protection to the Town's water supplies. The following protocol will be used to officially declare a drought: • The Water Department will calculate the WSI in April and monitor drought and precipitation data. The Water Department will also attend the Northern Water District meetings in November and April. • Town Manager and staff will review the information and develop a recommendation for the Town Board at the next available Board meeting after the WSI is calculated (April or May). Town staff will know if any drought declarations have occurred locally or within the CBT system. • Town Board will review the information and decide if a drought is to be declared and the corresponding drought stage. • Once the Town Board declares a drought, direction is given to the Town Manager and the Community Outreach coordinator to convey the drought declaration to the Weld County Office of Emergency Management, CWCB, the Colorado Division of Emergency Management, and the public. © Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 39 Figure 7.1 — Steps for Drought Declaration • Monitor CBT quota (Nov and Apr) • Calculate WSI in April • If WSI is less than 11.0%, then go to next step • Evaluate WSI in April • Evaluate severity of supply and demand situation and if others have declared a drought • Recommend a drought stage • Develop recommendations along with Town Staff • Provide recommendation to Town Board at next available Board meeting after WSI is determined (April or May) • Review recommendations from Town Staff • If necessary, declare a drought and corresponding stage • Direct Town Manager and Community Outreach Coordinator to convey drought declaration to public, CWCB, and appropriate parties • Meet to discuss roles and plan for execution If the drought lessens and the drought stage needs to be changed to a less restrictive one, the same protocol mentioned previously shall apply. If the drought stage needs to be changed to more severe in a short timeframe, the Town Manager has the authority to request an emergency Town Board meeting to discuss the need to declare a more severe drought stage. © Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 40 7.4 Implementation of Staged Drought Response Program The staged drought program will require action by the following departments with coordination and communication with the Town Manager: Water, Engineering, Communications and Community Outreach, Public Works, Finance, and Police/Code Enforcement. Their roles and responsibilities are generally described as follows: • Water Department —Administer and monitor the staged drought response program. • Engineering Department -- Assist in implementation of the staged drought response program. Provide advice on drought declaration and drought stages that should be implemented. • Communications and Community Outreach Department— Convey the drought declaration and stage to the public, implement the public drought campaign, communicate with appropriate state and federal agencies. • Public Works Department— Evaluate service distribution pressures during watering restrictions to insure adequate service. Coordinate with other departments as needed. Monitor outdoor irrigation and Town parks and stresses to landscape and sod. • Finance Department— Closely monitor revenue and coordinate with Water and Engineering Departments to develop a drought surcharge or water rate increase as necessary. • Police/Code Enforcement Department — Patrol service areas as needed and issue citations to violators. Once a drought has been declared, and if needed before then, weekly staff meetings will occur for the Water Department and other key personnel from other departments to insure that the drought plan is being implemented. Initial meetings will focus on putting into action the staged drought response program and the public drought campaign and will include: • Review budget and funds available for implementation. • Determine action items for implementation of the staged drought plan to achieve appropriate response target. • Develop actions items for the public drought campaign including specific drought messaging to convey to the public. • Determine actions necessary for enforcement. • Review roles and responsibilities for all staff. © Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 41 7.5 Enforcement of Staged Drought Response Program The staged drought program will be enforced by the Town and customized to each level of drought. Over the next several years, the Town will be installing real-time remote read meters. These meters will allow the Water Department to track instantaneous water usage for each customer. These meters will allow the Water Department to track time of day and day of week restrictions. The Sustainable Drought Stage, which is an on -going, voluntary level, will require no enforcement. The other drought stages will require enforcement which may increase with severity of the drought stage. Enforcement will consist of a call -in service where customers have an opportunity to report infractions and code enforcement to the Water Department, and the Town's police and community service officers may patrol neighborhoods and business districts to identify customers that are in violation of the mandatory requirements. The Water Department can also monitor potential infractions through the new metering system. If the Water Department receives notice of a potential violation, it will contact either a police officer or community service officer to investigate to determine if a citation should be issued. The Town will adopt an ordinance that references this Drought Management Plan and sets forth the procedure by which the Board of Trustees shall declare a drought stage, establishappropriate drought watering restrictions, and impose fines for infractions of any applicable watering restrictions. Citations into the Firestone Municipal Court will be issued by a police officer or community service officer as appropriate. The Town may provide the option for the violator to pay a fine instead of appearing in court. The Water Department will be responsible for administering the staged drought response program and insuring the appropriate messages are getting out to the public via the Communications and Community Outreach Department. Roles and responsibilities for each department are as follows: • Water Department -Handles the inflow of calls concerning possible infractions, will dispatch community service or police officers to patrol service area and issue citations as necessary. • Finance Department - Keeps track of the number of citations and fines for all water customers and revenue for such fines. Communications and Community Outreach Department — Conveys accurate, consistent information on enforcement to the public throughout the public drought campaign. 7.6 Revenue Implications and Financial Budgeting Plan Financial implications during a drought can lead to revenue reductions for the Town. First, the cost of implementing the drought plan will result in a reduced budget further © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 42 exacerbated by a reduction in water sales. The Town has an operating reserve that is set aside to deal with emergencies and can be used specifically as a drought reserve. Additionally, the Town will consider implementing a drought surcharge or water rate increase in the Critical and Emergency stages of drought outlined in this plan. The immediate objective for doing this is to encourage reduced water use. However, it will also help collect additional funds to deal with the cost of implementing drought response measures. An intensive public outreach campaign will be conducted to explain to the public why the water rates are being increased or a surcharge is being issued. Municipalities always have to deal with the public feeling like they are being punished for saving water by having their rates raised. The Town will also seek financial drought -related assistance as a drought is declared and if conditions worsen with a corresponding increase in cost. The following resources for financial assistance can be found on the CWCB website: http://cwcb.state.co.us/technical-resources/drought-planning- toolboxlPa es/FinancialAssistanee.as x The following state funding resources could be pursued: • Agricultural Emergency Drought Response Fund • Colorado Rural Water Association (CRWA) • Colorado Water Resources and Power Development Authority (CWRPDA) • Community Development Block Grant • CWCB Construction Fund and Severance Tax Trust Fund • CWCB Water Conservation and Drought Mitigation Planning Grant • CWCB Water Efficiency Grant Program • CWCB Water Project Loan Program • Drinking Water Revolving Fund (DWRF) • Energy and Mineral Impact Assistance Fund • Non -point Source Pollution (NPS) Grants The following federal funding resources could be pursued: • General Matching Grants Program • Hydrologic Research Grants • National Research Initiative Standard Research (Part T): Watershed process and Water resources • NRCS Emergency Watershed Protection Program • Rural Development (USDA) • U.S. Economic Development Administration Grant (EDA) • USDA Rural Development 502 Direct Housing Loan Program • Water Conservation Field Services Program • Water2025 Challenge Grant Program for Western States • Watershed Process and Water Resources O Clear Water Solutions, Inc. Town of Firestone 2012 Drought Management Plan 43 7.7 Monitoring Plan Effectiveness The Town tracks its water use on a routine basis. The frequency of this tracking will have to increase during a drought to insure a proper amount of water savings is being obtained. The Water Department will track water use monthly from November through March of each year. Beginning in April, water use will continue to be tracked monthly unless a drought is declared. If a drought is declared, water use tracking will be monitored weekly. The following monitoring data will be collected and presented by the Water Department on at least an annual basis (some of the data may not be applicable if a drought has not occurred): • WSl — the Town will calculate the WSI (in November and April) based on the CBT quota and Central Weld water transfer requirements. Any special conditions of the CBT system will be noted. For example, if Horsetooth Reservoir is not going to be operational due to repairs. • Demands — A report containing monthly water usage by customer types, total per capita water usage, residential per capital water usage, and the Parks Department water usage. The report will also include any new development such as housing, commercial and parks under construction. If a drought has occurred, information will be presented on how the water savings tracked with implementation of the drought response strategies. • Drought Mitigation Measures — Status of mitigation related activities to date and other relevant factors (i.e., budget and staff time). • Administrative Data — This will include the number of citations, number of responses from customer, number of hotline calls received, etc. • Lessons learned — Any issues that arose during implementation of the staged drought response program, drought monitoring, mitigation activities and public drought campaign should be noted for future reference. For example, if it really did not work to send emails to business customers to notify them of mandatory watering restrictions. • Public perceptions to the drought — Public comments will be tracked at public meetings, Town Board meetings and any other correspondence received via email or through the website. Real-time monitoring of some of this data will allow the Town to make decisions on the effectiveness of the drought response strategies. On -going monitoring of this data will tell the Town if the measures are working properly and whether or not something should be adjusted. Some of the strategies will need to be monitored and adjusted to see what works the best. ©Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 44 SECTION 8 - FORMAL PLAN APPROVAL AND UPDATES 8.1 Public -Review Process The Town conducted a 60-day public comment period from May 23, 2012 to July 22, 2012 in order to get feedback from the public. This allowed the public sufficient time to provide their comments to the Water Department. Notice was published in the Farmers and Miners and the Longmont Times Call newspapers (Appendix A). A hard copy was available at Town Hall and on the Town website. The public comment period should help alleviate some questions that might arise on how the Town will deal with drought situations. Public comments are included in Appendix B. 8.2 Adoption of Ordinances and Official Agreements The Town officially adopted Ordinance 810 (Appendix C), which address the following: • Drought Declaration —Outlines the process in which a drought declaration is to be officially declared. More detail is provided in Section 7.3. • Authorization for Implementation and Enforcement of the Staged Drought Response Plan — Gives the Town Manager the authority to conduct the actions necessary to enforce the measures specified in the staged drought response program and the flexibility to make the changes as necessary. The Town does not have any official agreements in place with other entities related to drought. However, these agreements will be an important component of drought planning in the future. 8.3 Drought Management Plan Approval The Town's Drought Management Plan was approved by the Town Board on September 26, 2012 (Appendix D). Each Board member had an opportunity to review and comment on the plan before the plan was finalized and formally approved. 8.4 Periodic Review and Update Drought planning is an on -going process where many lessons can be learned during implementation. These lessons can be used to improve the process in the future. This Drought Management Plan will be updated in 2017 (every five years). The Water Department will be responsible for initiating the update with the Town Manager and the other departments that have been part of this © Clear Water Solutions, Inc. 2012 Drought Management Plan Town of Firestone 46 planning process. The up Drought Management Plan date will follow the same general process as outlined in this The goal will be to find key changes necessary to improve action rtai n APPENDIX A Public Review Process The Town of Firestone has completed its 60-day public review period for the Drought Management Plan (DMP) that began on May 23, 2012 through July 22, 2012. Notification was posted in the Daily Times -Call and the Farmer & Miner. A complete copy of the DMP was available at Firestone Town Hall and on the Town's website. PROOF OF PUBLICATION CARBON VALLEY FARMER AND MINER STATE OF COLORADO COUNTY OF WELD SS. I, Allen Messick, do solemnly swear that I am the Publisher of the Cartoon Valley Farmer and Miner that the same is a weekly newspaper printed and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said county of Weld for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the act of March 3; 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of ONE consecutive insertion(s); and that the first publication of said notice was in the issue of newspaper, dated 23rd stay of MAY 2012, and the last on the 23rd day of MAY 2012 Publisher, Subscribed and sworn before me, this 23rd day of MAY 2012 Notary Public. NpYARY �rt�SrOr'! TOWN OF FIRESTONE, COLORADO NOTICE OF DROUGHT MANAGEMENTPLAN The Town of Firestone has completed a draft Drought Management Plan. The goal for this plan is to outline procedures for the Town to monitor and oommunicate strategies efficiently to reduce water usage during limes of - water shortage. The plan details lour drought stages: Sustainable, Warning, Critical, and Emergency. Associated with these four drought stages are measures that will be implemented that would affect water consumers at varying levels. Prior to finalization of the brought Management Plan, the Town welcomes input from Its residents. The Town shall have a 60-day public review period beginning the date of (his notice through July 22, 2012. A complete copy is on Ir1e and available for public inspection in the office of the Town Clark, 151 Grant Avenue, Firestone, CO 80520, during regular business hours. The Town wilt also post the plan on Its website at www.cl.firestone,co us. All written comments are due to Julie Pasillas, Utility Technician, prior to July 22, 2012 at P.O. Box 100, Firestone, CO 80520 or may be dropped off at Town Hall located at 151 Grant Avenue, Firestone, CO 80520. Dated the 17th day of May, 2012. TOWN OF FIRESTONE, COLORADO Rebecca Toberman Acting Town Clerk Published May 23, 2012 In the Daily Times -Call and In the Farmer & Miner. A FFIDA VI T OF PUBLICATION TiM61CALL State of Colorado County of Boulder I, the undersigned agent, -do solemnly swear. that the LONGMONT TIMES -CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and -in parts of Boulder and Weld counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months next prior to the first publication of the annexed legal notice of advertisement, that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any, amendments thereof, and that said newspaper is a daily. newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado; that a copy of each number of said newspaper, in which said notice of advertisement was published, was transmitted by mail or carrier to each of the subscribers of said- newspaper, according to the' accustomed mode of business in this office. The annexed legal notice or advertisement was published in the regular and entire edition of said daily newspaper once; and that one publication of said notice was in the issue of said newspaper dated May 23, 2012. Agent Subscribed and sworn to before me this 23rd day of May, 2012 in the County of Boulder, State of Colorado. N&W Public FEE $2o.s9 KIMBERLY D. SCRUCCS ROTARY PUBLIC Account # 221841 STATE ®F COLCRADC Ad # 5551103- MY C.amtNSfiiorl Eafplr S 07-02.2016 TOWHOF,FIREVONE, COLORADO NOTICE OF. DROUGHT ! . .I�IpNA6,EME,N7 PLAN The Town of Fire- avaiYa6le'"tol""pirbn.' stone has completed IrtspeGtionIn the of- . a draft: Drought floe of':, Ihe Town Management '`Plan. Clerk; .161 Grant Ave - The goal for'thls„p€an nue, Firestone, `CO I.,: to outline: 'prope- B0520, during 'regular duies for;Yhe.:Town to business hours. monitor .-and `; 6onimu- The Town will also nlcate-'atrategl.as post :-th.e.; plan on eiffclently,..to 'reduce its wo6sile at: water ''usage during o eslo a co. times of; water.`short- age, ::The -plan' details All written comments four.. drought.i' "stages: are due to 'Julie Pasd- Sustainibte, Warning, tas, !jlllity ':Techni- CTitical, .:and . Emer- clan, prior io July 22, J gancy. Asaoour 2012 at P.O. Box 100, wltEi:" These -:'.four Firestone,".ca _ '80520 drought -stages:'-are . measures.. that 'will -be or may be. dropped off Implemenled,.tthat at 'Town. Hall .located would affect ..water at 15UA3rMl 'Avenue, consumgrs:..et. ;varying Firestone, CO 60520, . levels. Dated the .; 17th -: day Prior to.: finalization of May, 2012:. of the - Drought Man- .TOWN OF. FttlESTOr'iE, agem_ent 'Plan,.: the COLORADO Town-welcomes..,lnput RebeccaToberman. from-: its `residents. Acting Town Clark The Town shad.:: jT Ye Published -in t h e a 60-day pubiio "re- Longmont Times -Call view period begin- on May 23, 2012 ning the dale of ..This Ad #5551105 notice - through July 22, 2012. A complete copy, Is on file and APPENDIX B Public Comments and Response The Town of Firestone has completed its 60-day public review period for the Drought Management Plan (DMP) that began on May 23, 2012 through July 22, 2012. Notification was posted in the Daily Times -Call and the Farmer & Miner. A complete copy of the DMP was available at Firestone Town Hall and on the Town's website. During the public -review period, the Town received four comments on the Drought Management Plan, all from Mr. David Claypool. Comment 1 (Critical Level): Irrigation of new sod and new landscape will be allowed by permit only. Response: This is already stated in the DMP. Comment 2 (Critical Level): No new water service connections will be permitted for new single-family residential units or new commercial units, unless: The landscape design incorporates minimally 70% xeriscaping or all grass types utilized are comprised of native species (e.g. buffalo grass, blue grama, tall and/or fine fescues, and reveille bluegrass, etc.). Response: This would seem to be an extreme measure for a temporary condition. This measure would either lock new homeowners into a less desirable landscape concept or put an added cost on the new home knowing that the landscaping would need to be changed to a more desirable plan in the future. This measure would likely have an adverse impact on the Town's economic development goals. Comment 3 (Emergency Level): Irrigation of new sod and new landscape will not be allowed. Response: This may not be warranted and the permit process identified in the DMP gives the Town discretion to react to conditions. Comment 4 (Emergency Level): No new water service connections will be permitted for new single-family residential units or new commercial units. Response: This seems too extreme and would certainly have an adverse long-term impact on the Town's economic development goals. APPENDIX C Ordinance 810 —Drought Declaration and Authorization for Implementation and Enforcement of the Staged Drought Response Program ORDINANCE NO. 810 AN ORDINANCE AMENDING CHAPTER 13.04 OF THE FIRESTONE MUNICIPAL CODE CONCERNING DROUGHT DECLARATIONS AND TO AUTHORIZE THE TOWN MANAGER TO IMPOSE EMERGENCY WATER RESTRICTIONS WHEREAS, the Board of Trustees has adopted the Town of Firestone 2012 Drought Management Plan to address drought management planning, drought mitigation, and response planning steps; and WHEREAS, the Board of Trustees desires to amend Chapter 13.04 of the Firestone Municipal Code to set forth the procedures by which the Board of Trustees may declare a drought stage; and WHEREAS, the Board of Trustees previously adopted Section 13.04.085 of the Firestone Municipal Code authorizing the Board of Trustees to establish water service restrictions in the event of water shortage, scarcity or emergency; and WHEREAS, the Board of Trustees desires to extend the authority set forth in Section 13.04.085 to the Town Manager in situations requiring immediate action; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 13.04 of the Firestone Municipal Code is amended by the addition of a new Section 13.04.110 to read as follows: 13.04.110 Drought declaration. A. Declaration of insufficient supplies. The Town shall from time to time determine the amount of available water supply for use in the Town water system and shall determine the expected demands for water by all the customers of the Town water system for any given period of time. In the event that the Town shall determine at any given time that there are insufficient water supplies to meet all of the present and anticipated projected needs, the Board of Trustees shall declare by ordinance a drought stage as identified in the Town of Firestone Drought Management Plan, as may be amended from time to time. Said ordinance shall establish restrictions, curtailments, and prohibitions on water use, including without limitation those measures set forth in the Drought Management Plan, as appropriate to address the drought stage declared by the Board of Trustees and may impose drought surcharges and fines for violations of any drought watering restrictions established by the Board of Trustees. B. Notification. In the case of a declared drought stage, the Town will provide information on the severity of the drought and the actions or measures the Town is taking in response to the drought. The Town will provide, by a means determined to be appropriate by the Town Manager or his or her designee, information on any drought watering restrictions in place. However, it shall not be a defense to a violation of any drought ordinance adopted by the Board that the violator did not receive notice of such ordinance. C. Violations; penalties. Any person violating any provision of any drought ordinance adopted by the Board of Trustees shall be guilty of a municipal offense and shall be punished by a fine but not imprisonment. The amount of such fine shall be determined by the Firestone Municipal Court. Upon a third and each subsequent conviction for such an offense, and in addition to such fine, the Town may discontinue water service to the property served, or the Town may install a flow restriction device, at the expense of the customer, upon the service line to the property served to limit water service to that necessary for health and sanitary purposes only. No such discontinuance of or restriction upon water service shall extend for more than ten days for each conviction. At least ten days' notice and an opportunity to be heard before the Town Manager shall be given prior to each discontinuance or restriction of water service pursuant to this Subsection C. D. Customer, owner, occupant responsible. Each customer, owner, and occupant of any property served by the Town's water system shall be responsible for complying with the drought watering restrictions established by the Board of Trustees. Section 2. Section 13.04.085 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfieken gu--eugh): 13.04.085. Water service restrictions. A. In case of water shortage, scarcity or emergency, the Board of Trustees shall have the power to establish by mien ordinance any restrictions deemed necessary upon the use of water for nondomestic purposes, including but not limited to irrigation. B. In case of an emer ency_water shortage or scarcity requiring immediate action as determined by Town Manager, the Town Manager shall have the power to establish by executive order any restrictions deemed necessary upon the use of water for nondomestic purposes, including but not limited to irrigation. No such order shall be continued or renewed fora period in excess of fourteen da s except by ordinance adopted by the Board of Trustees. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 2 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of Sp,D,r�l� 2012. Z APPENDIX D Town Board Approval RESOLUTION NO. I �,- �- A RESOLUTION ADOPTING THE TOWN OF FIRESTONE 2012 DROUGHT MANAGEMENT PLAN WHEREAS, the Board of Trustees recognizes that the wise use of the Town's water resources is in the best interest of the public health, safety, and welfare; and WHEREAS, the Town's water supply can be impacted by factors, such as weather conditions and snow pack, that are outside the control of the Town; and WHEREAS, the Board of Trustees desires to provide for the health, safety, and welfare of the Town's water customers in times of drought conditions; .and WHEREAS to such end, the Board of Trustees has provided for the preparation of a Drought Management Plan by Clear Water Solutions, Inc.; and WHEREAS, the proposed Drought Management Planhas been developed in accordance with the Colorado Water Conservation Board's ("CWCB") Drought Management Plan Development Guidance Document; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Town of Firestone 2012 Drought Management Plan is herebyapproved and accepted in essentially the same form as the copy of such plan accompanying this Resolution. PASSED AND ADOPTED THIS DAY OF S(, dej,,k,yl , 2012. ATTEST: �\REsr0N�` r. 70wN SZAL ;S rY, G . al, Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COLORADO etill— Chad Auer, Mayor RESOLUTION NO. 13-A)±_ A RESOLUTION APPROVING SPECIAL USE PERMITS FOR SYNERGY RESOURCES CORPORATION TO LOCATE THIRTEEN OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, Synergy Resources Corporation (hereinafter "Synergy" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate within the Town thirteen oil and gas wells referred to as the proposed SRC Church 5AD, ARC Church 5ND, SRC Church 22-51), SRC Church 21-5D, SRC Church 50D, SRC Church 5MD, SRC Church 32-5D, SRC Church 31-51), SRC Church 5SD, SRC Church 5RD, SRC Church 42-51), SRC Church 5VD, and SRC Church 41-5D Wells; and WHEREAS, Synergy has submitted the applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use permits have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, 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 forwarding to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permits and has held a properly noticed public hearing on the 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 IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectlon 1. The Board of Trustees hereby approves the special use permit request of Synergy Resources Corporation Inc. for location of the SRC Church 5AD, ARC Church 5ND, SRC Church 22-5D, SRC Church 21-5D, SRC Church 50D, SRC Church 5MD, SRC Church 32-5D, SRC Church 31-51), SRC Church 5SD, SRC Church 5RD, SRC Church 42-5D, SRC Church 5VD, and SRC Church 41-5D Wells within the Town of Firestone, in the locations more particularly described in Exhibit A attached hereto, subject to the following conditions: The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 5. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. 6. 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. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. 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. 9. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 10. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. The well site and tank battery and separator areas shall be secured and 0a screened by chain link fencing with "solid" tan aluminum or vinyl lathing using the Town's standard fence and screening detail. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. Apply for an Access Permit from the Town for Weld County Road 3.5. 21. Appendix - 24"06" Map, Sheet Cl, correct the well names on Sheet Cl to match the application. 22. Submit the approved COGCC well permits and associated well plan location plats to the Town. 23. Provide a copy of the referenced Surface Use Agreement (SUA) between Synergy and the property owner Lifebridge Christian Church to the Town. 24. For wells to be drilled within a half mile of any existing residential structure, Applicant shall install temporary berms around the drilling area as necessary to assist in mitigating noise during drilling. 3 INTRODUCED, READ, and ADOPTED this 271h day of February, 2013. TOWN OF FIRESTONE, COLORADO EST2 Lj -�--� TOWN Chad Auer, Mayor # SEAL } 0 ATTEST: I� ......... coo c0 t T Rebecca Toberman, Town Clerk EXHIBIT A: Location of Wells (Synergy SRC Church Wells 5AD, 5ND, 22-5D, 21-5D, 50D, 5MD, 32-5D, 31-5D, 5SD, 5RD, 42-51), 5VD, and 41-5D) LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 5 WHENCE THE SOUTH ONE -QUARTER OF SECTION 5 BEARS SOUTH 00°43'55" WEST 1691.74 FEET; THENCE ALONG SAID WEST LINE NORTH 00°43'55" EAST 951.42 FEET TO THE CENTER ONE -QUARTER OF SECTION 5; THENCE ALONG THE WEST LINE OF THE NORTHEAST ONE - QUARTER OF SECTION 5 NORTH 00°43'36" EAST 1306.46 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 71°35'57" EAST 1764.29 FEET; THENCE SOUTH 17°47'54" EAST 151.73 FEET; THENCE SOUTH 08°56'00" EAST 214.08 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 330.00 FEET, A CENTRAL ANGLE OF 05°30'48", CHORD OF SAID ARC BEARS S 06°10'36" EAST 31.74 FEET) A DISTANCE OF 31.75 FEET; THENCE SOUTH 03'25'12" EAST 360.22 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 497.50 FEET, A CENTRAL ANGLE OF 27°49'50", CHORD OF SAID ARC BEARS SOUTH 10°29'43" WEST 239.28 FEET) A DISTANCE OF 241.65 FEET; THENCE SOUTH 24°24'37" WEST 1269.03 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 945.50 FEET, A CENTRAL ANGLE OF 15-48'34% CHORD OF SAID ARC BEARS SOUTH 16°30'20" WEST 260.06 FEET) A DISTANCE OF 260.89 FEET; THENCE SOUTH 08°36'03" WEST 371.77 FEET; THENCE NORTH 85°33'50" WEST 333.07 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 23"54'40", CHORD OF SAID ARC BEARS SOUTH 82°28'50" WEST 178.15 FEET) A DISTANCE OF 179.45 FEET; THENCE SOUTH 70°31'30" WEST 143.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 330.00 FEET, A CENTRAL ANGLE OF 20'12'26", CHORD OF SAID ARC BEARS SOUTH 80°37143" WEST 115.78 FEET) A DISTANCE OF 116.38 FEET; THENCE NORTH 89°16'05" WEST 351.67 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 85.123 ACRES MORE OR LESS. 5 FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT February 11, 2013 Baseline Engineering 700 121h Street, Suite 200 Golden, Colorado 80401 303.940.9966 Attention: Ethan Watel Dear Mr. Watel, Fire Prevention Division Office: (303) 833-2742 Fax: (303) 833-3736 E-Mail: dpuccetti@fffd.us I have reviewed the Fire and Emergency Responses Plans for the Church and Union Wells located in the Frederick -Firestone Fire Protection District. The submitted Fire and Emergency Response Plans meet the requirements set fourth by the Fire District and the IFC 2006 Fire Codes. Should you require additional comments or assistance please feel free to contact me at 303-833- 2742, Ext.10. Sincerely, DC[VW p. T>u.00etti David P. Puccetti Division Chief Frederick -Firestone Fire Protection District dpuccetti@fffd.us c/c File, dpp 31 Walnut Dr., P. O. Box 129, Frederick, CO 80530; www.fffd.us DEPARTMENT OF ECONOMIC DEVELOPMENT Development Services Center / Longmont. CO 80501. (303) 6SI-8330 / Fax # (303) 651-8696 E-mail: Qngmont lannin oo ci.lonomont co. us Web site: C ht Ind/w-w-w, ijongmont,gUg February 15, 2013 Bruce Nickerson Town of Firestone 151 Grant Ave PO Box 100 Firestone, CO 80520 RE: Town of Firestone referrals for special use permits for SRC Union Wells and Church Wells. Dear Bruce, Thank you for sending the referrals concerning the special use permit applications for oil and gas wells at two separate locations in the Town of Firestone. The applicant, Synergy Resources Corporation (SRC), proposes to drill six horizontal oil and gas wells and four directional oil and gas wells for a total of 10 wells at the Union site. SRC is also proposing to drill 13 directional oil and gas wells at the Church site. These sites are north of SH 119, west of CR 3.5 and southeast of Union Reservoir; both sites are within the Union — St. Vrain Planning Area, the area of shared interest as specified in the Coordinated Planning Agreement Between the Town of Firestone and the City of Longmont (June 14, 2011). The City of Longmont has several comments related to the special use permit applications submitted by Synergy. These are primarily related to the Union Wells site. As you know, the boom of oil and gas production in Colorado is affecting municipalities along the Front Range; jurisdictions are choosing different ways of dealing with the land use permitting of these uses. The City of Longmont has recently made revisions to Iand use regulations regarding oil and gas operations within the City. The focus of Longmmont's regulations is to mitigate the impacts of oil and gas operations on residential areas, parks, water bodies and other sensitive areas. This past November, Longmont's voters approved an amendment to the City's Municipal Charter. As a result, Article 16 of our Charter prohibits the use hydraulic fracturing to extract oil, gas, or other hydrocarbons within the City of Longmont. It also prohibits storage in open pits or disposal of solid or liquid wastes created in connection with the hydraulic fracturing process, including but not limited to flowback or produced wastewater and brine within the City of Longmont. It should be noted that any bottom hole locations within the City of Longmont will be subject to Article 16 of the City's Charter. Because of this, the City requests that Synergy defer any drilling and (racking on the three bottom hole locations that are within the City of Longmont municipal limits; these were submitted as part of the Union Wells application. The application materials submitted by SRC for the Union Wells state that access to this site will be provided from CR 26, west of CR 3.5. As mentioned in the application materials, the applicant will need to coordinate with the City to cross City of Longmont property and will need to obtain an access permit. Access to and from the Union well site location appears to be along the Fairview Street alignment. Section 4.5 of the Firestone/Longmont Coordinated Planning Agreement addresses the future of Fairview Street. In addition to the need for access over property owned by the City of Longmont for this access route, this may be the appropriate time for Firestone to secure right of way from both Longmont as well as the Union property owner for the future construction of Fairview St. It's not too soon to begin a dialog about the timing of Fairview Street's construction and the cost sharing needed to accomplish this. The City also suggests these applications be submitted to Weld County for review and comment, specifically to evaluate potential impacts to the traffic signal at CR 3.5 and SH 119. As mentioned previously, water quality is one area Longmont's regulations focus on. The City recommends implementing ground water quality testing and monitoring similar to the program to City has outlined in our regulations. As the Town of Firestone and SRC know, any water sources used at these sites needs to be restricted to appropriately decreed rights. Longmont believes that our communities share common goals regarding responsible oil and gas development, and there are opportunities to achieve mutually beneficial outcomes through cooperative planning efforts especially at the border areas of our communities. Again, thank you for the opportunity to comment on these referrals. Should you have any questions, please contact me at (303) 651-8319 or brad.scho]@ci.lon mont.eo.us. Sincerely, Brad Schol Planning Manager CC: Town of Firestone referral files for special use permits for SRC Union Wells and Church Wells Brien Schumacher, Principal Planner Brad Power, Director of Economic Development Dale Radamacher, Director of Public Works and Natural Resources Eugene Mei, City Attorney Ethan Watel, Baseline Engineering, Planning & Surveying RESOLUTION NO. 13- O& A RESOLUTION APPROVING SPECIAL USE PERMITS FOR SYNERGY RESOURCES CORPORATION TO LOCATE TEN OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE WHEREAS, Synergy Resources Corporation (hereinafter "Synergy" or "Applicant") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate within the Town ten oil and gas wells referred to as the proposed SRC Union 5FD, SRC Union 11HZC, SRC Union 11HZN, SRC Union 5JD, SRC Union 12HZN, SRC Union 5AHZC, SRC Union 5AHZN, SRC Union 12HZC, SRC Union 11-5D, and SRC Union 12-51) Wells; and WHEREAS, Synergy has submitted the applications and supporting materials pursuant to Chapter 15.48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special use permits have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision, zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, 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 forwarding to the Board of Trustees a recommendation of approval with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed special use permits and has held a properly noticed public hearing on the 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 IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the special use permit request of Synergy Resources Corporation Inc. for location of the SRC Union 5FD, SRC Union 11HZC, SRC Union 11HZN, SRC Union 5JD, SRC Union 12HZN, SRC Union 5AHZC, SRC Union 5AHZN, SRC Union 12HZC, SRC Union 11-5D, and SRC Union 12-5D Wells within the Town of Firestone, in the locations more particularly described in Exhibit A attached hereto, subject to the following conditions: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of Town approval, whichever is later, if operations for the well are not commenced by such date. In the event special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permit for such well and the final special use permit application materials approved by the Town Board, which materials will be incorporated therein by reference. Applicant shall provide to the Town copies of all state approved permits, waivers, variances and subsequent notices filed with the state and affecting the well. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. Prior to commencement of any work within the Town the applicant, including contractors and subcontractors, shall obtain necessary Contractor's Licenses from the Town. b. 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. 7. Applicant shall provide to the Town copies of any executed surface damage agreements or memoranda thereof respecting operation of the well. 8. 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. 9. Applicant at its sole expense shall control fugitive dust at the well site and on access roads on an as -needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 10. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. The well site and tank battery and separator areas shall be secured and 0) screened by chain link fencing with "solid" tan aluminum or vinyl lathing using the Town's standard fence and screening detail. 11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is utilized. 12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise. 13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust systems such that they point away from existing residences in the vicinity. 14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise reducing mufflers. 15. During drilling, use a tarp around drilling floor and drawworks to muffle sound. 16. Deliveries and construction traffic to and from the site shall, whenever possible, be scheduled during daylight hours. 17. To the extent reasonably possible, keep the door to the drill rig engine closed. 18. The use of pump jacks shall be limited to those running on electric motors. 19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of drill rig. 20. Apply to the City of Longmont for an Access Permit and provide a copy of the permit to the Town of Firestone. Revise plan to include and show details for the alternative access to WCR 3.5, if that access will be utilized. The details shall be subject to Fire Department and Town Engineer approval. 21. Move the separators 30 feet to the east so there is the required 150 feet setback from the east edge of WCR 3 right-of-way. 22. Submit the approved COGCC well permits and associated well plan location plats to the Town. 23. Provide a copy of the Surface Use Agreement (SUA) between Synergy and the property owner Union North, LLC to the Town. INTRODUCED, READ, and ADOPTED this 27t' day of February, 2013. 3 F�REST'O�tc TOWN , m; SE 10 F.-Ims l s Q1 L, TL, Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COLORADO C Li Chad Auer, Mayor EXHIBIT A: Location of Wells (Synergy SRC Union Wells 5FD,11HZC,1IHZN, 5JD,12HZN, 5AHZC, 5AHZN,I2HZC, 11-51), AND 12-51)) LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE -QUARTER CORNER OF SECTION 5 WHENCE THE NORTHEAST CORNER OF SECTION 5 BEARS NORTH 89°31'00" EAST 2696.54 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG THE NORTH LINE OF THE NORTHEAST ONE -QUARTER OF SECTION 5 NORTH 89°31'00" EAST 2404.82 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 SIX COURSES; 1) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1398.11 FEET, A CENTRAL ANGLE OF 41 °46'51 ", CHORD OF SAID ARC BEARS SOUTH 50°42'31" WEST 997.08 FEET) A DISTANCE OF 1019.52 FEET; 2) THENCE SOUTH 71"35'57" WEST 1736.54 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; 3) THENCE SOUTH 71-34-28" WEST 546.55 FEET; 4) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 2904.00 FEET, A CENTRAL ANGLE OF 08°20'09", CHORD OF SAID ARC BEARS SOUTH 67"24'52" WEST 422.13 FEET) A DISTANCE OF 422.50 FEET; 5) THENCE SOUTH 63°14'52" WEST 1843.45 FEET; 6) 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 BEARS SOUTH 65-54-32" 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 01°04'47" EAST 831.73 FEET; THENCE NORTH 68°57'51" EAST 1252.56 FEET; THENCE NORTH 27°20'44" EAST 1224.16 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 295.05 FEET; THENCE SOUTH 16"04'00" WEST 145.38 FEET; THENCE SOUTH 06°35'40" EAST 42.71 FEET; THENCE SOUTH 38°40'00" EAST 57.32 FEET; THENCE SOUTH 63°35'24" EAST 111.77 FEET; THENCE SOUTH 88°41'43" EAST 134.80 FEET; THENCE NORTH 79°06'16" EAST 173.06 FEET; THENCE NORTH 71°27'35" EAST 93.45 FEET; THENCE NORTH 52°23'30" EAST 180.19 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE NORTH 00°43'36" EAST 110.75 FEET TO THE !NORTH ONE -QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 99.433 ACRES MORE OR LESS. FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT February 11, 2013 Baseline Engineering 700 12t" Street, Suite 200 Golden, Colorado 80401 303.940.9966 Attention: Ethan Watel Dear Mr. Watel, Fire Prevention Division Office: (303) 833-2742 Fax: (303) 833-3736 E-Mail: dpuccetti@fffd.us I have reviewed the Fire and Emergency Responses Plans for the Church and Union Wells located in the Frederick -Firestone Fire Protection District. The submitted Fire and Emergency Response Plans meet the requirements set fourth by the Fire District and the IFC 2006 Fire Codes. Should you require additional comments or assistance please feel free to contact me at 303-833- 2742, Ext.10. Sincerely, DRV01 P. PV-00etd, David P. Puccetti Division Chief Frederick -Firestone Fire Protection District dpuccetti@fffd.us c/c File, dpp 31 Walnut Dr„ P. 0. Box 129, Frederick, CO 80530; www.fffd.us DEPARTMENT OF ECONOMIC DEVELOPMENT Development Services Center / Longmont, CO 80501 (303) 651-8330 / Fax # (303) 651-8696 E-mail: Ionomont planniR l�ci.lonamont co us Web site: _t p=(Jwww&L1cnQMont.co.us February 15, 2013 Bruce Nickerson Town of Firestone 151 Grant Ave PO Box 100 Firestone, CO 80520 RE: Town of Firestone referrals for special use permits for SRC Union Wells and Church Wells. Dear Bruce, Thank you for sending the referrals concerning the special use permit applications for oil and gas wells at two separate locations in the Town of Firestone. The applicant, Synergy Resources Corporation (SRC), proposes to drill six horizontal oil and gas wells and four directional oil and gas wells for a total of 10 wells at the Union site. SRC is also proposing to drill 13 directional oil and gas wells at the Church site. These sites are north of SH 119, west of CR 3.5 and southeast of Union Reservoir; both sites are within the Union -- St. Vrain Planning Area, the area of shared interest as specified in the Coordinated Planning Agreement Between the Town of Firestone and the City of Longmont (June 14, 2011). The City of Longmont has several comments related to the special use permit applications submitted by Synergy. These are primarily related to the Union Wells site. As you know, the boom of oil and gas production in Colorado is affecting municipalities along the Front Range; jurisdictions are choosing different ways of dealing with the land use permitting of these uses. The City of Longmont has recently made revisions to land use regulations regarding oil and gas operations within the City. The focus of Longmont's regulations is to mitigate the impacts of oil and gas operations on residential areas, parks, water bodies and other sensitive areas. This past November, Longmont's voters approved an amendment to the City's Municipal Charter. As a result, Article 16 of our Charter prohibits the use hydraulic fracturing to extract oil, gas, or other hydrocarbons within the City of Longmont. It also prohibits storage in open pits or disposal of solid or liquid wastes created in connection with the hydraulic fracturing process, including but not limited to flowback or produced wastewater and brine within the City of Longmont. It should be noted that any bottom hole locations within the City of Longmont will be subject to Article 16 of the City's Charter. Because of this, the City requests that Synergy defer any drilling and fracking on the three bottom hole locations that are within the City of Longmont municipal limits; these were submitted as part of the Union Wells application. The application materials submitted by SRC for the Union Wells state that access to this site will be provided from CR 26, west of CR 3.5. As mentioned in the application materials, the applicant will need to coordinate with the City to cross City of Longmont property and will need to obtain an access permit. Access to and from the Union well site location appears to be along the Fairview Street alignment. Section 4.5 of the Firestone/Longmont Coordinated Planning Agreement addresses the future of Fairview Street. In addition to the need for access over property owned by the City of Longmont for this access route, this may be the appropriate time for Firestone to secure right of way from both Longmont as well as the Union property owner for the future construction of Fairview St. It's not too soon to begin a dialog about the timing of Fairview Street's construction and the cost sharing needed to accomplish this. The City also suggests these applications be submitted to Weld County for review and comment, specifically to evaluate potential impacts to the traffic signal at CR 3.5 and SH 119. As mentioned previously, water quality is one area Longmont's regulations focus on. The City recommends implementing ground water quality testing and monitoring similar to the program to City has outlined in our regulations. As the Town of Firestone and SRC know, any water sources used at these sites needs to be restricted to appropriately decreed rights. Longmont believes that our communities share common goals regarding responsible -oil and gas development, and there are opportunities to achieve mutually beneficial outcomes through cooperative planning efforts especially at the border areas of our communities. Again, thank you for the opportunity to comment on these referrals. Should you have any questions, please contact meat (303) 651-8319 or brad.schol@ci.lon mont.co.us. Sincerely, zof�_57"V Brad Schol Planning Manager CC: Town of Firestone referral files for special use permits for SRC Union Wells and Church Wells Brien Schumacher, Principal Planner Brad Power, Director of Economic Development Dale Radamacher, Director of Public Works and Natural Resources Eugene Mei, City Attorney Ethan Watel, Baseline Engineering, Planning & Surveying TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE FIRST AMENDMENT TO SERVICE PLAN FOR NEIGHBORS POINT METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 13- 60 RESOLUTION OF APPROVAL WHEREAS, by Resolution No. 04-44, adopted October 7, 2004, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado (the "Town"), approved the Service Plan for Neighbors Point Metropolitan District, and the Weld County District Court ordered the organization of said District on December 2, 2004 pursuant to the requirements of the Special District Act; and WHEREAS, pursuant to the Special District Act, there has been filed with the Town a proposed First Amendment to Service Plan for Neighbors Point Metropolitan 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 First Amendment to Service Plan, which hearing was held on February 27, 2013; and WHEREAS, the Board of Trustees has considered the First 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 First Amendment to Service Plan for Neighbors Point Metropolitan District should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1-204.5(1)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 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 Neighbors Point Metropolitan District (the "District") and I & J Partnership, a California limited partnership and MSP Corporation, a Colorado corporation, (collectively, the "Developers"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed First Amendment to Service Plan for Neighbors Point Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the District and Developers, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the proposed First 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 First Amendment to Service Plan, the representations by and on behalf of the District and Developers, 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 First Amendment to Service Plan is in the best interests of the District. 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 First Amendment to Service Plan: (a) At its first meeting after the effective date of this Resolution and in no event later than May 1, 2013, the Board of Directors of the District shall execute the First Amendment to Intergovernmental Agreement with the Town ("First Amendment to IGA") in the form presented to the Town Board of Trustees at its February 27, 2013 hearing, or in form otherwise acceptable to the Town Attorney, and shall deliver the fully executed original of the First Amendment to IGA to the Town. (b) That pursuant to the Service Plan, the District will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with the modification of the Service Plan approved herein. If any of the above -stated conditions are not met, the Town may revoke its approval of the First Amendment to Service Plan by subsequent resolution and/or pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the First Amendment to Service Plan for Neighbors Point Metropolitan District, as set forth in Exhibit A to this Resolution and dated February 27, 2013, 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 District. RESOLVED, ADOPTED AND APPROVED this 27th day of February, 2013. TOWN OF FIRESTONE, COLORADO (S E A L) ATTEST: Chad Auer ` Mayor � T Rebecca Toberman Town Clerk FIRST AMENDMENT TO SERVICE PLAN FOR NEIGHBORS POINT METROPOLITAN DISTRICT IN THE TOWN OF FIRESTONE, COLORADO Submittal Date: February 27, 2013 INTRODUCTION This First Amendment to Service Plan (the "First Amendment") for Neighbors Point Metropolitan District (the "District") is proposed to: A. restate and replace Article III (entitled, `Boundaries, Population & Valuation"), incorporating an updated legal description of the District, attached hereto and incorporated herein as Exhibit A, an updated boundary map of the District, attached hereto and incorporated herein as Exhibit B, and an updated vicinity map, attached hereto and incorporated herein as Exhibit C, as well as incorporating the District's Resolution and Order for Exclusion, dated November 5, 2012 (the "Exclusion Resolution"), attached hereto and incorporated herein as Exhibit D. B. restate and replace Article IV, Part c, entitled, "Anticipated Development." C. restate and replace the following portions of Article V: Parts a ("General"), b ("Debt Issuance"), c ("Required Transfers of Bond Proceeds to Town"), d ("Other Financial Restrictions, Limitations and Requirements") and i ("Identification of District Revenue"); and D. replace the original Financial Plan of the Service Plan with the Financial Plan, attached hereto and incorporated herein as Exhibit E; and E. - revise the date stated in Article VIII after which the Town shall have the right to require the District to dissolve. This First Amendment is submitted pursuant to §§ 32-1-201, et seq., C.R.S., as amended, (the "Special District Control Act"), and the requirements of the Town of Firestone, Colorado (the "Town") as set forth in the Service Plan. - 1 - 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 October 6, 2004 (the "Service Plan") and the Weld County District Court ordered the organization of the District on December 2, 2004 pursuant to the requirements of the Special District Control Act. I. PURPOSE OF FIRST AMENDMENT MSP Corporation ("MSP"), which is the owner of the property contained within Filings 1, 2 and 5 of Neighbors Point Subdivision, excluding public property (the "MSP Property"), has sought the. exclusion of the MSP Property from the boundaries of the District. Pursuant to Article III of the Service Plan, no changes in the boundaries of the District shall be made, unless the prior written approval of the Town Board of Trustees has been obtained as part of a Service Plan modification, as provided therein. The purpose of the First Amendment is, first, to set forth in the Service Plan that the Town approves the exclusion of the MSP Property from the boundaries of the District. Additionally, this First Amendment proposes a revised financial plan that reflects the development assumptions of the property remaining within the District's boundaries after the exclusion of the MSP Property and modifies the debt limitations and expected bond issuances of the District. All assumptions contained within this First Amendment assume that the exclusion of the MSP Property has been approved by the Town. IWM II. NEW LANGUAGE FOR SECTION III OF SERVICE PLAN The following language restates and replaces Article III of the Service Plan in its entirety: "III. BOUNDARIES, POPULATION & VALUATION The District, as originally organized, consisted of approximately One Hundred and Ninety -One (191) acres located entirely within the boundaries of the Town. The District, upon the exclusion of the MSP Property, as detailed in Article III.a, below, shall consist of approximately Ninety -Five (95) acres, more or less, located entirely within the boundaries of the Town, as more particularly set forth in the legal description attached hereto as Exhibit A and as shown on the boundary map, attached hereto as Exhibit B, and the vicinity map, attached hereto as Exhibit C. The petitioner, also the Developer of the District property, has received the consents of the property owners to the formation of this District, which consents, for the owners of all property to be located within the District, are attached hereto as Exhibit D and incorporated herein by this reference. a. Exclusion of MSP Property. On November 5, 2012, the Board of Directors of the District (the "Board") noticed and held a public hearing to consider a petition for exclusion of certain property located within the District's boundaries that MSP Corporation ("MSP") submitted to the District. Excepting public property, MSP is the owner of the property described as Filings 1, 2 and 5 of the Neighbors Point subdivision, which represents approximately Ninety -Six and One Hundred and Fifty -Four Thousandths of One (96.154) acres, more or less, and One Hundred and Fifty -Eight (158) single family lots (the "MSP Property"). After discussion and consideration, the Board approved a Resolution and Order of SM exclusion of the MSP Property from the District's boundaries, subject to the District obtaining the written approval of the Town Board of Trustees of the exclusion of the MSP Property from the District boundaries (as approved by the Board, the "Exclusion Resolution"). b. Development Assumptions. Upon the exclusion of the MSP Property, a portion of the Neighbors Point subdivision remaining within the boundaries of the District will be developed for approximately Two Hundred and Seventy -One (271) single-family homes by I & J Partnership, L.P. The current population of the District is zero. The population of the District at full build -out is estimated to be Seven Hundred and Eighty -Six (786) people, subject to development approval by the Town. It is acknowledged that Town development standards and requirements may affect the foregoing numbers of anticipated homes and population. The estimated assessed value at full build -out is Six Million, Eighty -Six Thousand, Seven Hundred and Ninety -Two Dollars ($6,086,792.00). The property is currently zoned PUD-RA, for various residential use categories. The 2012 assessed value of the property located within the District is approximately Eight Hundred and Forty Thousand, Two Hundred and Ninety Dollars ($840,290.00). The total overlapping mill levy imposed upon the property within the District for tax collection year 2011 was One Hundred and Forty and One Hundred and Thirty -Five Thousandths of One (140.135) mills. C. Changes in District Boundaries. The District shall be required to obtain written approval from the Town of a Service Plan modification prior to any inclusion or exclusion of property to or from the District, or any other change in its boundaries. Any such approval may be granted or denied by resolution of the Board of Trustees, in its discretion. Any inclusion may be on the condition that all property in the District at the time of such inclusion remains in the District, and upon such other conditions as the Town may impose. Any exclusion may be on the condition that there is no detriment to the remaining residents and taxpayers within the District, or to the District's bondholders, and on such other conditions as the Town may impose. No changes in the boundaries of the District shall be made, unless the prior written approval of the Board of Trustees has been obtained as part of a Service Plan modification, as provided herein. Notwithstanding the foregoing, the Town expressly authorizes and approves the exclusion of the MSP Property from the boundaries of the District, as further described in the Exclusion Resolution." III. NEW LANGUAGE FOR ARTICLE IV, PART C OF THE SERVICE PLAN The following language restates and replaces Article IV, Part (c) of the Service Plan in its entirety: "c. Anticipated Development. The Developer anticipates total build -out to occur by 2021, with the construction of Thirty -Two (32) single family residences per year in 2013 through 2020 and Fifteen (15) single family residences in 2021, subject to final design and development approval by the Town. It is acknowledged by the Developer that Town development standards and requirements may affect the foregoing numbers of anticipated homes and the foregoing anticipated build -out schedule." -5- IV. NEW FINANCIAL PLAN LANGUAGE A. The following language restates and replaces Article V, Part (a) of the Service Plan in its entirety: "a. General. The provision of improvements and facilities by the proposed District will be financed through the issuance of general obligation bonds (the "Bonds"), secured by the ad valorem taxing authority of the proposed District and other District revenues, limited as discussed below. The Financing Plan anticipates the issuance of two (2) series of Bonds in 2015 and 2020. The term of any Bonds issued by the District shall not exceed thirty (30) years. The combined total estimated cost of the public improvements needed for the entire development contained within the original boundaries of the District is Six Million, Seven Hundred and Thirty -Eight Thousand, Three Hundred and Twenty -Three Dollars and Seventy -Seven Cents ($6,738,323.77); the District will be financing a portion of such amount related to the development of the property remaining in the District after the exclusion of the MSP Property. The District has the capacity to issue general obligation bonds in the aggregate principal amount of approximately Two Million, Nine Hundred Thousand Dollars ($2,900,000.00), projected to yield net bond proceeds of approximately Two Million, Five Hundred and Thirty -Five Thousand Dollars ($2,535,000.00) (which will be further reduced by the District's contribution of Five Hundred and Fourteen Thousand, Six Hundred and Twenty -Nine Dollars ($514,629.00) to the Town as provided in Article V.c., below). Accordingly, it is currently anticipated that the bond proceeds will be insufficient to allow for repayment of approximately Three Million, Eight Hundred and Thirty -Eight Thousand, Three Hundred and Twenty -Three Dollars and Seventy -Seven Cents ($3,838,323.77), which will be contributed by the Developer or other third -party developers, or may otherwise be financed by one or more separate metropolitan district(s); however, if the financing capability of the District changes and will permit repayment in the future (due to higher than anticipated assessed values, lower interest rates or any other circumstance), the District may agree to repay the Developer for unreimbursed public infrastructure costs so long as the District has the capacity to make such payments without exceeding the debt limit or Mill Levy Limit provided in this Service Plan and subject to all other requirements of Article V.h., below. Payments made to the Developer by the District are expected to made principally from Bond proceeds and shall not exceed the amount advanced by the Developer for capital costs of District public improvements. The Accountant's Forecasted Cash Surplus Balance and Cash Receipts and Disbursements in Exhibit G do not include the above -described Developer contribution to the costs of public improvements." B. The following language restates and replaces Article V, Part (b) of the Service Plan in its entirety: "b. Debt Issuance. The District intends to issue two (2) series of general obligation bonds in the aggregate principal amount of approximately Two Million, Nine Hundred Thousand Dollars ($2,900,000.00). The aggregate principal amount of all general obligation bonds and all other forms of borrowing by the District, throughout the District's existence and regardless of subsequent payments and discharges, shall be limited to a total of Three -7- Million, One Hundred and Ninety Thousand Dollars ($3,190,000) (the "debt limit"); except to the extent otherwise provided in Article V.g, below, with respect to refunding bonds and in Article V.h, below, with respect to construction financing notes (i.e., notes or other financial obligations, if any, issued by the District to the Developer to evidence the District's obligation to repay the Developer's advances for construction costs). The first series of general obligation bonds will be issued in the approximate amount of One Million, Two Hundred and Fifty Thousand Dollars ($1,250,000.00), at such time as at least Ninety -Six (96) homes (representing, together with undeveloped land in the District, a total of approximately One Million, Nine Hundred and Eighty - Three Thousand, Six Hundred and Sixty -Seven Dollars ($1,983,667.00) in assessed valuation) have received building permits and all necessary public improvements serving such homes have been completed and preliminarily accepted by the Town ("Development Threshold 1" ). The Developer expects that sales of such first series of general obligation bonds (to financial institutions or institutional investors, as further provided below) would be made on the basis that, builder activity having commenced within the District (as demonstrated by the development levels required by the immediately preceding sentence), there is a reasonable likelihood that projected future development will occur and will result in increased assessed valuation levels to support payment of such bonds. The second series of general obligation bonds will be issued in the approximate amount of One Million, Six Hundred and Fifty Thousand Dollars ($1,650,000.00), at such time as certificates of occupancy have been issued for at least Two Hundred and Fifty -Six (256) residential units (representing, together with undeveloped land in the District, a total of approximately Five Million, Seven Hundred -8- and Forty -Five Thousand, Nine Hundred and Twelve Dollars ($5,745,912.00) in assessed valuation), and Fifteen (15) remaining residential units have received building permits (representing, together with the Two Hundred and Fifty -Six (256) units that have received certificates of occupancy and together with undeveloped land in the District, a total assessed value of approximately Five Million, Eight Hundred and Fifty -One Thousand, Nine Hundred and Seven Dollars ($5,851,907.00), and all necessary public improvements serving such residential development have been completed and preliminarily accepted by the Town ("Development Threshold II"). Collectively, Development Threshold I and Development Threshold II shall be referred to herein as the "Development Thresholds." As set forth in Exhibit H, the District's Financial Advisor has indicated that issuance of certificates of occupancy and building permits are generally accepted lending criteria for special district debt, and that accordingly, the above - described Development Thresholds will evidence sufficient development activity within the District to support repayment of the corresponding debt." C. The following language restates and replaces Article V, Part (c) of the Service Plan in its entirety: "c. Required Transfers of Bond Proceeds to Town. The District will pay to the Town for deposit into the Town's capital improvements fund a total of Five Hundred and Fourteen Thousand, Six Hundred and Twenty -Nine Dollars ($514,629.00) of the District's total net bond proceeds, forty-two percent (42%) of which shall be paid to the Town upon the issuance and delivery of the first series of Bonds, which is anticipated to occur in 2015, and fifty-eight percent (58%) M of which shall be paid to the Town upon the issuance and delivery of the second series of Bonds, which is anticipated to occur in 2020. Pursuant to an agreement to be executed between the Town and the District, the funds so paid to the Town shall be used by the Town to finance improvements (whether inside or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness (i.e., streets, street lighting, traffic safety controls, water, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District and shall be specifically identified in an amendment to the intergovernmental agreement between the Town and the District, which amendment shall be fully executed prior to the issuance of any District bonds. The Developer of the District acknowledges that the foregoing provisions for allocation of bond proceeds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of this Service Plan, and the Town has relied thereon in approving this Service Plan. The District shall not issue bonds without including in such issuance the concurrent allocation and delivery to the Town of the funds required by this Article V.c., and such delivery of funds to the Town shall be a condition of closing for the Bonds. Further, the District shall not be authorized to incur any financial obligations of any kind or perform any other functions authorized under this Service Plan until the governing body of the District, upon formation thereof, has executed: (1) the intergovernmental agreement provided for in Article XIII and Exhibit N, with such amendments as the parties may mutually agree, -10- stating its agreement to comply with the provisions of this Article V.c.; and (2) the District indemnity letter provided for in Part II of Exhibit K." D. The following language restates and replaces Article V, Part (d) of the Service Plan in its entirety: "d. Other Financial Restrictions Limitations and Requirements., The District shall request voter authorization for such amount of general obligation debt as the District deems sufficient to allow for allocation of the amounts deposited in the Town's capital improvements fund (as described in Article V.c., above) among the District's powers, unforeseen contingencies, increases in construction costs due to inflation and all costs of issuance, including capitalized interest, reserve funds, discounts, legal fees and other incidental costs of issuance; provided, however, that the amount of general obligation debt (together with construction financing notes) actually issued by the District shall not exceed the debt limit of Three Million, One Hundred and Ninety Thousand Dollars ($3,190,000.00) as stated in Article V.b., above. All bonds of the District will be sold for cash. The authorized maximum voted interest rate is Fifteen percent (15%) per annum and the maximum underwriting discount is Four percent (4%) of bond principal. The actual interest rates and discounts, within such maximum voted amounts, will be 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 Three Hundred (300) basis points above the Thirty (30) year `AAA' Municipal Market Data rate in effect at the time the bonds are sold. -11- Estimated interest rates used in Exhibit G are based on information furnished by underwriters identified in Exhibit H. In the event bonds are issued at an interest rate higher than the estimated rates used in Exhibit G, the principal amount of Bonds will be reduced so as to result in total debt service payments approximately equal to those projected in Exhibit G, and so that debt service on the bonds can be paid from the revenue sources contemplated in this Service Plan. If actual increases in District assessed valuation are less than the projected increases for those factors as shown in the Exhibit G forecasts, it is expected that the District would compensate by increasing its mill levy (subject to the Limited Mill Levy) or reducing the principal amount of the bonds issued. The Developer acknowledges and accepts the risk that, if all or a part of the general obligation bonds proposed to be issued by the District are not issued, because of changes in financial conditions or for any other reason, the Developer may not be paid or reimbursed for the cost of public improvements or other advances to the District. No bonds issued by the District shall provide for acceleration as a remedy upon default, unless the District has received the prior written administrative approval of the Town, which approval may be granted only by the Town Administrator or the Board of Trustees. Except as provided below, with respect to notes issued to the Developer for construction financing, this Service Plan authorizes only the issuance of general obligation bonds and only within the above stated limits, and subject to the provisions as to the Limited Mill Levy as set forth below. The District may be authorized to issue revenue bonds, certificates, debentures or other evidences of indebtedness or to enter into lease -purchase transactions, only upon approval of an amendment to this Service Plan, and such an amendment shall be considered a material modification of the Service Plan. -12- The District is not authorized to impose any development fees or user charges as part of this Service Plan. The District is not authorized to impose any taxes other than ad valorem property taxes as provided in this Service Plan. The District may be authorized to impose such fees, user charges or taxes only upon the prior written approval of the Board of Trustees. All bonds of the District shall be structured utilizing a commercial bank with trust powers as trustee to hold the bond proceeds and debt service funds and to pursue remedies on behalf of the bondholders. Any bonds issued by the District pursuant to this Service Plan shall be in compliance with all applicable legal requirements, including without limitation § 32-1- 1101(6), C.R.S., and article 59 of title 11, C.R.S., and shall be approved by nationally recognized bond counsel. An opinion shall also be obtained from bond counsel or counsel to the District that the bonds comply with all requirements of this Service Plan." E. The following language restates and replaces Article V, Part (i) of the Service Plan in its entirety: "i. Identification of District Revenue. The District will impose a mill levy on all taxable property in the District as the primary source of revenue for repayment of debt service and for operations and maintenance. The mill levy imposed by the District for debt service purposes shall not exceed Fifty (50.000) mills, and the mill levy for administration, warranty maintenance and other operating expenses shall not exceed Six (6.000) mills, except for Gallagher adjustments permitted under Article V.e., above. Although the mill levy imposed may vary depending on the phasing of facilities anticipated to be funded, it is estimated that a -13- mill levy of Forty (40.000) mills will produce revenue sufficient to support debt service and administration, warranty maintenance and other operating expenses throughout the repayment period." V. REVISION TO ARTICLE VIII The last sentence of the second paragraph of Article VIII of the Service Plan is hereby amended in its entirety to read as follows: "Also, on or after December 31, 2016, if the District has not issued any of its Bonds, the Town shall have the right to require the District to dissolve in accordance with applicable law, and the District will cooperate fully with the Town to dissolve the District." VI. EFFECT OF FIRST AMENDMENT The First Amendment of Service Plan is in addition to all of the provisions of the Service Plan. Except as specifically modified herein, the Service Plan of the District remains effective. VIL RESOLUTION OF APPROVAL The District incorporates the Town Board of Trustees' Resolution approving this First Amendment, including any conditions of approval. sm Exhibit A Updated Legal Description PARCELI: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12 AND THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89-31-25" EAST; THENCE NORTH 53042-18" EAST, A DISTANCE OF 2259.21 FEET TO THE POINT OF BEGINNING; THENCE NORTH 34*11-00" WEST, A DISTANCE OF 142.04 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEETAND A CENTRAL ANGLE OF 103'46'43", AN ARC DISTANCE OF 79.70 FEET (CHORD BEARS NORTH 24046'24" WEST, 69.24 FEET); THENCE NORTH 34°27'58" WEST, A DISTANCE OF 269.47 FEET; THENCE NORTH 23020-16" EAST, A DISTANCE OF 39.01 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 99°13'46", AN ARC DISTANCE OF 76.20 FEET (CHORD BEARS NORTH 03°54'39" WEST, 67.03 FEET); THENCE NORTH 31057'02" WEST, A DISTANCE OF 138.60 FEET; THENCE NORTH 13056'45" WEST, A DISTANCE OF 142.80 FEET; THENCE NORTH 28056-38" EAST, A DISTANCE OF 20.22 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 73043'23", AN ARC DISTANCE OF 56.62 FEET (CHORD BEARS NORTH 11°03'30" WEST, 52.79 FEET); THENCE NORTH 51003'37" WEST, A DISTANCE OF 26.25 FEET; THENCE NORTH 17`54'46." WEST, A DISTANCE OF 138.43 FEET; THENCE NORTH 86037'26" WEST, A DISTANCE OF 117.46 FEET; THENCE NORTH 00'00'54" EAST, A DISTANCE OF 97.14 FEET; THENCE NORTH 47058'58" EAST, A DISTANCE OF 59.33 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 31059'06", AN ARC DISTANCE OF 24.56 FEET (CHORD BEARS NORTH 14°42'53" WEST, 24.24 FEET) THENCE NORTH 61"40'38" WEST, A DISTANCE OF 65.90 FEET; THENCE NORTH 12°00'26" WEST, A DISTANCE OF 32.59 FEET; THENCE NORTH 00°01'57" EAST, A DISTANCE OF 113.66 FEET; THENCE ALONG THE NORTH LINE OF SAID SW 1/4 OF SECTION 12, SOUTH 89°58'03" EAST, A DISTANCE OF 1297.99 FEET; THENCE SOUTH 11010'57" WEST, A DISTANCE OF 108.23 FEET; THENCE SOUTH 10032-07" EAST, A DISTANCE OF 142.43 FEET; THENCE SOUTH 50°23'30" WEST, A DISTANCE OF 204.82 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF S23.00 FEET AND A CENTRAL ANGLE OF 09*56'52", AN ARC DISTANCE OF 90.80 FEET (CHORD BEARS SOUTH 34°38'04" EAST, 90.69 FEET); THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 95021'41", AN ARC DISTANCE OF 33.29 FEET (CHORD BEARS SOUTH 18°01'13" WEST, 29.58 FEET); -15- THENCE SOUTH 65°42-03" WEST, A DISTANCE OF 53.69 FEET; THENCE SOUTH 24°17'57" EAST, A DISTANCE OF 54.00 FEET; THENCE SOUTH 11000-06" EAST, A DISTANCE OF 77.68 FEET; THENCE SOUTH 11004-44" WEST, A DISTANCE OF 53.68 FEET; THENCE SOUTH 27059-05" WEST, A DISTANCE OF 82.46 FEET; THENCE SOUTH 37°05-43" WEST, A DISTANCE OF 81.48 FEET; THENCE SOUTH 17020-40" EAST, A DISTANCE OF 68.10 FEET; THENCE SOUTH 08011-24" EAST, A DISTANCE OF 131.34 FEET; THENCE SOUTH 85°30'59" WEST, A DISTANCE OF 78.12 FEET, THENCE SOUTH 71°24'51" WEST, A DISTANCE OF 102.80 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 373.00 FEET AND A CENTRAL ANGLE OF 01030'42", AN ARC DISTANCE OF 9.84 FEET (CHORD BEARS NORTH 19°20'30" WEST, 9.84 FEET); THENCE SOUTH 60010'57" WEST, A DISTANCE OF 139.73 FEET; THENCE SOUTH 56'25'46" WEST, A DISTANCE OF 65.00 FEET; THENCE SOUTH 49°40'55" WEST, A DISTANCE OF 141.59 FEET; THENCE SOUTH 46°57'17" WEST, A DISTANCE OF 121.94 TO THE POINT OF BEGINNING; PARCEL 2: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031,25" EAST; THENCE SOUTH 89'31'25" EAST, A DISTANCE OF 1496.63 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00628-35" EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 51620-12" EAST, A DISTANCE OF 55.94 FEET; THENCE NORTH 12*41-20" EAST, A DISTANCE OF 75.28 FEET; THENCE NORTH 07'21'26" EAST, A DISTANCE OF 46.14 FEET; THENCE NORTH 00'28'35" EAST, A DISTANCE OF 106.46 FEET; THENCE NORTH 13'30'29" WEST, A DISTANCE OF 54.01 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 415.00 FEET AND A CENTRAL ANGLE OF 07o5l'49", AN ARC DISTANCE OF 56.96 FEET (CHORD BEARS SOUTH 79-29'16" WEST, 56.91 FEET); THENCE NORTH 08014-53" WEST, A DISTANCE OF 130.90 FEET; THENCE NORTH 76°23'49" EAST, A DISTANCE OF 72.29 FEET; THENCE NORTH 55054'17" EAST, A DISTANCE OF 69.31 FEET; THENCE NORTH 43*24-45" EAST, A DISTANCE OF 55.95 FEET; THENCE NORTH 46*35-15" WEST, A DISTANCE OF 43.79 FEET; THENCE NORTH 43'24'45" EAST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 46°35-15" EAST, A DISTANCE OF 38.04 FEET; THENCE NORTH 37025'39" EAST, A DISTANCE OF 617.84 FEET; THENCE SOUTH 52°34-21" EAST, A DISTANCE OF 11.72 FEET; THENCE NORTH 37025'39" EAST, A DISTANCE OF 140.00 FEET; THENCE NORTH 56051-16" EAST, A DISTANCE OF 44.27 FEET; THENCE NORTH 64017'20" EAST, A DISTANCE OF 126.49 FEET; THENCE NORTH 69°33'17" EAST, A DISTANCE OF 48.16 FEET; THENCE SOUTH 89059-08" EAST, A DISTANCE OF 140.01 FEET; THENCE SOUTH 00°00'54" WEST, A DISTANCE OF 67.49 FEET; THENCE SOUTH 89°59-06" EAST, A DISTANCE OF 179.00 FEET; -16- THENCE NORTH 00000'54" EAST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 15.57 FEET. THENCE SOUTH 89'44'46" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 928.01 FEET; THENCE SOUTH 00°07'45" EAST ALONG THE WESTERLY LINE OF OUTLOT "G", A DISTANCE OF 100.00 FEET; THENCE SOUTH 89'44'46" EAST ALONG SAID SOUTHERLY LINE OF OUTLOT "G", A DISTANCE OF 400.00 FEET TO THE SOUTHEAST CORNER OF OUTLOT "G", BOOTH FARMS, SECOND FILING RECORDED AT RECEPTION NO. 2909675 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE SOUTH 00°0745" EAST, ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 1246.62 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE NORTH 89'30'56" WEST, ALONG SAID SOUTH LINE A DISTANCE OF 1331.43 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE NORTH 89°3175" WEST, A DISTANCE OF 1202.59 FEET, TO THE POINT OF BEGINNING; EXCLUDING A PARCEL AS DESCRIBED WITH IN DEED RECORDED AT RECEPTION NO, 3251270 IN THE OFFICE OF THE CLERK AND RECORDED OF SAID COUNTY, SITUATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M, OF SAID COUNTY AND STATE. 17- a �' � � ,a o � .a � � W 00 Exhibit C Updated Vicinity Map ,_...._. L.,_. ..,._ ...J �.._..��._ TOWN OF v FIRESTONE uMiTS HWY 119 FlRESTONE BLVD SEC. iZ, I FARMS J = T2N, m a R68W i O i SEC. 11, S r R Ix /MONARCH i 1 ESTATES 1 TOWN OF ESMNE : SABLE AVE. _ _ _. SITE igl STONERIDOE m SEC.14, SEC.13. O TR2688W , a _ Rw r LlU -19- Exhibit D Exclusion Resolution 9POM RESOLUTION AND ORDER OF THE BOARD OF DIRECTORS OF NEIGHBORS POINT METROPOLITAN DISTRICT WHEREAS, in accordance with § 32-1-501(1), C.R.S., MSP Corporation (the "Petitioner") petitioned the Neighbors Point Metropolitan District (the "District") for the exclusion from the District of certain real property, which is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, in accordance with § 32-1-501(2), C.R.S., notice of a public hearing on this matter was published in the Longmont Daily Times -Call on November 3, 2012, setting forth the place, time and date of the public meeting, the names and addresses of the petitioners, a general description of the property proposed for exclusion, and notice that all persons interested shall appear at such time and place and show cause in writing why the petition should not be granted; and WHEREAS, on November 5, 2012, the Board of Directors of the District (the "Board") held a public hearing on the petition in accordance with § 32-1-501(2), C.R.S.; and WHEREAS, no objecting parties appeared at the public hearing nor were any written objections filed with the Board; and WHEREAS, pursuant to the District's Service Plan, the District shall be required to obtain written approval fi-om the Board of Trustees for the Town. of Firestone, Colorado (the "Town') of a Service Plan modification prior to any inclusion or exclusion of property to or from the District; and WHEREAS, the Town has provided its written consent for the District to conduct the exclusion hearing on November 5, 2012 to exclude the Property from its boundaries, provided that such exclusion shall not be effective until and unless the Town adopts a resolution approving a Service PIan modification incorporating such exclusion; and WHEREAS, upon the effective date of the exclusion of the Property, the District shall no longer provide any services or facilities to the Property; and WHEREAS, the Petitioner has provided an affidavit to the District, as attached hereto and incorporated herein as Exhibit: B, affirming that it is seeking the formation of its own special district organized pursuant to C.R.S. §§32-1-201, et seq., to serve the Property and will not require the District to provide any services or facilities for its benefit; and WHEREAS, pursuant to §§ 32-1-501(3) and (4), C.R.S., the Board desires to grant the petition, in whole, subject to the conditions set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS_ OF NEIGHBORS POINT METROPOLITAN DISTRICT AS FOLLOWS: That the Board of Directors of the District shall, and hereby does make the following findings based on evidence presented in the public hearing held on November 5, 2012: 1. That the Petition has been signed by 100% of the owners of the Property. 2. That the notice of the public hearing on this matter was duly published in accordance with § 32-1-401(1)(b), C.R.S. 3. The proposal to exclude the Property is in the best interest of the Property, in that the Petitioner has affirmed that it will help promote the timely and efficient development of the Property. 4. The exclusion is in the best interest of the District, in that it will not impair the ability of the remaining property located within the District to receive services therefrom. 5. The exclusion is in the best interest of Weld County, Colorado, in that it will promote the timely and efficient development of the Property. 6. There is no substantial cost or economic benefit to the subject Property, in terms of provision of the District's services, resulting from the exclusion, as the Petitioner has affirmed that the Petitioner is seeking to have a new metropolitan district approved by the Town that will encompass the Property once so formed (the "New District") and, upon formation of the New District, the Property is expected to receive similar economical and sufficient service as would be provided by the District. 7. The exclusion will not affect the District's ability to provide economical and sufficient service to the properties remaining within the District. 8. The District shall no longer provide public facilities and services to the Property upon exclusion therefrom; however the Petitioner has affirmed that the Property shall be provided public facilities and services upon the formation of the New District at a reasonable cost and as would be provided by the District. 9. No adverse consequences will occur relating to employment or other economic conditions in the District or the surrounding area as a result of the exclusion, nor will such exclusion result in economic impacts on the region, the District or the State as a whole. 10. An economically feasible alternative service is available to the Property. 11. No additional costs are expected to be levied against property within the District as a result of the exclusion. 12. There is no outstanding bonded indebtedness of the District for which the Property will be liable. THEREFORE, THE BOARD OF DIRECTORS OF NEIGHBORS POINT METROPOLITAN DISTRICT HEREBY ORDERS: That the petition be granted in whole and the Property be excluded from the District, subject to the Town adopting a resolution that approves a Service Plan modification incorporating said exclusion ("Service Plan Modification") and, in the event that the Town does not, for any reason whatsoever, approve a Service Plan Modification on or before March 31, 2013 then, unless otherwise provided by the Board, this Resolution shall be of no legal effect and shall be void ab initio. 2. That the Petitioner shall pay all costs and expenses, including reasonable attorneys' fees, incurred in processing the exclusion of the Property from the District and seeking the Service PIan Modification, the terms and conditions for which shall be memorialized in a separate agreement between the Petitioner and the District. 3. That the Property be excluded fiom the District, subject to the entry of an Order for Exclusion from the Weld County District Court (the "Order"), which Order shall not be sought by the District unless and until the Service Plan Modification is approved by the Town. 4. That, after the effective date of the Order, the Property shall no longer be subject to any of the taxes and charges imposed by the District. 5. That, after the effective date of the Order, the Property shall no longer be liable for any share of annual operation and maintenance charges and the cost of facilities of the District and taxes, fees, rates, tolls and charges certified and levied or assessed thereon. G. There is no outstanding bonded indebtedness for which the Property will be liable. DONE AND ADOPTED this 5`h day of November, 2012. NEIGHBORS POINT ATTEST; Jer Boul n, Treasurer/Secretary AN DISTRICT EXHIBIT A (LEGAL DESCRIPTION OF THE PROPERTY TO BE EXCLUDED FROM THE NEIGHBORS POINT METROPOLITAN DISTRICT) NEIGHBORS POINT FILING NO.1 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE SOUTH 89031'25" EAST ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 729.28 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1553 AT PAGE 439, AND THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID PARCEL OF LAND THE FOLLOWING TWO (2) COURSES: 1. NORTH 00028'35" EAST, A DISTANCE OF 30.00 FEET; 2. NORTH 00027'08" WEST, A DISTANCE OF 148.17 FEET; THENCE SOUTH 41015'31" EAST, A DISTANCE OF 131.53 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 218.16 FEET; THENCE NORTH 40003'27" EAST, A DISTANCE OF 117.08 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 360.54 FEET; THENCE NORTH 46053'07" WEST, A DISTANCE OF 97.00 FEET; THENCE NORTH 49020' 17" WEST, A DISTANCE OF 119.91 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 207.40 FEET; THENCE NORTH 26035'45" WEST, A DISTANCE OF 135.94 FEET; THENCE NORTH 03033'02" WEST, A DISTANCE OF 80.01 FEET; THENCE NORTH 88028'41" EAST, A DISTANCE OF 123.39 FEET; THENCE NORTH 17023'05" WEST, A DISTANCE OF 64.78 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 62023'05" WEST, 28.28 FEET); THENCE NORTH 17023'05" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 27°36'55" EAST, 28.28 FEET); THENCE NORTH 17023'05" WEST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06054'02", AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS NORTH 20°50'07" WEST, 56.93 FEET); THENCE SOUTH 59036'31" WEST, A DISTANCE OF 165.96 FEET; EXHIBIT A - CONT. THENCE SOUTH 89°32'32" WEST, A DISTANCE OF 166.08 FEET; THENCE NORTH 56010'26" WEST, A DISTANCE OF 56.67 FEET; THENCE NORTH 21002'33" WEST, A DISTANCE OF 85.79 FEET; THENCE NORTH 0004237" WEST, A DISTANCE OF 79.57 FEET; THENCE NORTH 12037' 10" EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 14022'29" EAST, A DISTANCE OF 90.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10032'52", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS NORTH 85-11'02" WEST, 86.95 FEET); THENCE SOUTH 89032'32" WEST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS SOUTH 44°32'42" WEST, 28.28 FEET); THENCE SOUTH 89032' 17" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'20", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45.27' 18" WEST, 28.29 FEET); THENCE SOUTH 89032'32" WEST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS SOUTH 44°32'42" WEST, 22.63 FEET); THENCE NORTH 00027'08" WEST ALONG THE EAST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 2919358, A DISTANCE OF 1072.87 FEET; THENCE SOUTH 89058'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 1226.32 FEET; THENCE SOUTH 00001'57" WEST, A DISTANCE OF 113.66 FEET; THENCE SOUTH 12000'26" EAST, A DISTANCE OF 32.59 FEET; THENCE SOUTH 61040'38" EAST, A DISTANCE OF 65.90 FEET; THENCE ALONG THE ARCH OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AMD A CENTRAL ANGLE OF 31°59'06", AN ARC DISTANCE OF 24.56 FEET (CHORD BEARS SOUTH 14°42'53" EAST, 24.24 FEET); THENCE SOUTH 47058'58" WEST, A DISTANCE OF 59.33 FEET; THENCE SOUTH 00000'54" WEST, A DISTANCE OF 97.14 FEET; THENCE SOUTH 86037'26" EAST, A DISTANCE OF 117.46 FEET; THENCE SOUTH 17054'46" EAST, A DISTANCE OF 138.43 FEET; THENCE SOUTH 51°03'37" EAST, A DISTANCE OF 26.25 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 73°23'43", AN ARCH DISTANCE OF 56.62 FEET (CHORD BEARS SOUTH 11°03'30" EAST, 52.79 FEET); THENCE SOUTH 28056'38" WEST, A DISTANCE OF 20.22 FEET; THENCE SOUTH 13056'45" EAST, A DISTANCE OF 142.80 FEET; EXHIBIT A - CONT. THENCE SOUTH 31057'02" EAST, A DISTANCE OF 138.60 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 99013'46", AN ARCH DISTANCE OF 76.20 FEET (CHORD BEARS SOUTH 03°54'39" EAST, 67.03 FEET); THENCE SOUTH 23020' 16" WEST, A DISTANCE OF 39.01 FEET; THENCE SOUTH 34027'58" EAST, A DISTANCE OF 269.47 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 103°46'43", AN ARCH DISTANCE OF 79.70 FEET (CHORD BEARS SOUTH 24°46'24" EAST, 69.24 FEET); THENCE SOUTH 34011'00" EAST, A DISTANCE OF 142.04 FEET; THENCE SOUTH 37009'28" WEST, A DISTANCE OF 205.39 FEET; THENCE SOUTH 54008'02" EAST, A DISTANCE OF 14993 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 299.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61059'52", AN ARCH DISTANCE OF 425.25 FEET (CHORD BEARS SOUTH 68°25'35" WEST, 404.81 FEET); THENCE SOUTH 09025'31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84013'26", AN ARCH DISTANCE OF 29.40 FEET (CHORD BEARS SOUTH 57°18'48" WEST, 26.82 FEET); THENCE SOUTH 15012'05" WEST, A DISTANCE OF 58.39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14°43'30", AN ARCH DISTANCE OF 54.74 FEET (CHORD BEARS SOUTH 07°50'20" WEST, 54.59 FEET); THENCE SOUTH 00028'35" WEST, A DISTANCE OF 25.07 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 205.00 FEET; THENCE NORTH 8405833" EAST, A DISTANCE OF 66.81 FEET; THENCE SOUTH 08014'53" EAST, A DISTANCE OF 130.90 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 415.00 FEET AND A CENTRAL ANGLE OF 07051'49", AN ARCH DISTANCE OF 56.96 FEET (CHORD BEARS NORTH 79°29' 16" EAST, 56.91 FEET); THENCE SOUTH 13030'29" EAST, A DISTANCE OF 54.01 FEET; THENCE SOUTH 00°28'35" WEST, A DISTANCE OF 106.46 FEET; THENCE SOUTH 07021'26" WEST, A DISTANCE OF 46.14 FEET; THENCE SOUTH 12041'20" WEST, A DISTANCE OF 75.28 FEET; THENCE SOUTH 51 °20' 12" WEST, A DISTANCE OF 55.94 FEET; THENCE SOUTH 00°28'35" WEST, A DISTANCE OF 80.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 767.35 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACTS C AND D. CONTAINING 1,225,902 SQUARE FEET OR 28.143 ACRES, MORE OR LESS. EXHIBIT A - CONT. NEIGHBORS POINT FILING NO.2 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6Tx P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89°31'25" EAST; THENCE NORTH 6703843" EAST, A DISTANCE OF 1303.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00028'35" EAST, A DISTANCE OF 25.07 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043'30", AN ARC DISTANCE OF 54.74 FEET (CHORD BEARS NORTH 07°50'20" EAST, 54.59 FEET); THENCE NORTH 15012'05" EAST, A DISTANCE OF 58.39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84013'26", AN ARC DISTANCE OF 29.40 FEET (CHORD BEARS NORTH 57°18'48" EAST, 26.82 FEET); THENCE NORTH 09025'31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61 °59'52", AN ARC DISTANCE OF 425.25 FEET (CHORD BEARS NORTH 68°25'35" EAST, 404.81 FEET); THENCE NORTH 37025'39" EAST, A DISTANCE OF 299.69 FEET; THENCE NORTH 54008'02" WEST, A DISTANCE OF 149.93 FEET; THENCE NORTH 37009'28" EAST, A DISTANCE OF 205.39 FEET; THENCE NORTH 4605 7'17" EAST, A DISTANCE OF 121.94 FEET; THENCE NORTH 49°40'55" EAST, A DISTANCE OF 141.59 FEET; THENCE NORTH 56025'46" EAST, A DISTANCE OF 65.00 FEET; THENCE NORTH 600,10'57" EAST, A DISTANCE OF 139.73 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 373.00 FEET AND A CENTRAL ANGLE OF 01030'42", AN ARC DISTANCE OF 9.84 FEET (CHORD BEARS SOUTH 19°20'30" EAST, 9.84 FEET); THENCE NORTH 71024'51" EAST, A DISTANCE OF 102.80 FEET; THENCE NORTH 85030'59" EAST, A DISTANCE OF 78.12 FEET; THENCE NORTH 08011'24" WEST, A DISTANCE OF 131.34 FEET; THENCE NORTH 17020'40" WEST, A DISTANCE OF 68.10 FEET; THENCE NORTH 37005'43" EAST, A DISTANCE OF 81.48 FEET; EXHIBIT A - CONT. THENCE NORTH 27059'05" EAST, A DISTANCE OF 82.46 FEET; THENCE NORTH 11004'44" EAST, A DISTANCE OF 53.68 FEET; THENCE NORTH 11000'06" WEST, A DISTANCE OF 77.68 FEET; THENCE NORTH 24017'57" WEST, A DISTANCE OF 54.00 FEET; THENCE NORTH 65042'03" EAST, A DISTANCE OF 53.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 95021'41", AN ARC DISTANCE OF 33.29 FEET (CHORD BEARS NORTH 18.01' 13" EAST, 29.58 FEET); THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 523.00 FEET AND A CENTRAL ANGLE OF 09056'52", AN ARC DISTANCE OF 90.80 FEET (CHORD BEARS NORTH 34°38'04" WEST, 90.69 FEET); THENCE NORTH 50023'30" EAST, A DISTANCE OF 204.82 FEET; THENCE NORTH 10032'07" WEST, A DISTANCE OF 142.43 FEET; THENCE NORTH 11010'57" EAST, A DISTANCE OF 108.23 FEET; THENCE SOUTH 89058'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 146.51 FEET; THENCE SOUTH 00000'54" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1356.45 FEET; THENCE NORTH 89059'06" WEST, A DISTANCE OF 179.00 FEET; THENCE NORTH 00000'54" EAST, A DISTANCE OF 67.49 FEET; THENCE NORTH 89059'08" WEST, A DISTANCE OF 140.01 FEET; THENCE SOUTH 69033' 17" WEST, A DISTANCE OF 48.16 FEET; THENCE SOUTH 64017'20" WEST, A DISTANCE OF 126.49 FEET; THENCE SOUTH 56051' 16" WEST, A DISTANCE OF 44.27 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 140.00 FEET; THENCE NORTH 52034'21" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 617.84 FEET; THENCE NORTH 46035' 15" WEST, A DISTANCE OF 38.04 FEET; THENCE SOUTH 43024'45" WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 46035' 15" EAST, A DISTANCE OF 43.79 FEET; THENCE SOUTH 43024'45" WEST, A DISTANCE OF 55.95 FEET; THENCE SOUTH 55054' 17" WEST, A DISTANCE OF 69.31 FEET; THENCE SOUTH 76023'49" WEST, A DISTANCE OF 72.29 FEET; THENCE SOUTH 84058'33" WEST, A DISTANCE OF 66.81 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 205.00 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT Q. CONTAINING 665,114 SQUARE FEET OR 15.269 ACRES, MORE OR LESS. EXHIBIT A - CONT. NEIGHBORS POINT FILING NO.5 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6Tx F.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89°31'25" EAST; THENCE NORTH 03°24'37" EAST, A DISTANCE OF 742.26 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°27'08" WEST, A DISTANCE OF 847.43 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS NORTH 44°32'42" EAST, 22.63 FEET); THENCE NORTH 89032'32" EAST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'20", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45°27' 18" EAST, 28.29 FEET); THENCE NORTH 89032' 17" EAST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89°59'40", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS NORTH 44032'42" EAST, 28.28 FEET); THENCE NORTH 89032'32" EAST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10°32'52", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS SOUTH 85-11'02" EAST, 86.95 FEET); THENCE SOUTH 14022'29" WEST, A DISTANCE OF 90.00 FEET; THENCE SOUTH 12037' 10" WEST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00042'37" EAST, A DISTANCE OF 79.57 FEET; THENCE SOUTH 21002'33" EAST, A DISTANCE OF 85.79 FEET; THENCE SOUTH 56010'26" EAST, A DISTANCE OF 56.67 FEET; THENCE NORTH 89032'32" EAST, A DISTANCE OF 166.08 FEET; THENCE NORTH 59036'31" EAST, A DISTANCE OF 165.96 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06054'02", AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS SOUTH 20°50'07" EAST, 56.93 FEET); THENCE SOUTH 17023'05" EAST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS SOUTH 62°23'05" EAST, 28.28 FEET); THENCE SOUTH 17023'05" EAST, A DISTANCE OF 64.78 FEET; EXHIBIT A - CONT. THENCE SOUTH 88028'41" WEST, A DISTANCE OF 123.39 FEET; THENCE SOUTH 03033'02" EAST, A DISTANCE OF 80.01 FEET; THENCE SOUTH 26035'45" EAST, A DISTANCE OF 135.94 FEET; THENCE SOUTH 40007'24" EAST, A DISTANCE OF 207.40 FEET; THENCE SOUTH 49020' 17" EAST, A DISTANCE OF 119.91 FEET; THENCE SOUTH 46053'07" EAST, A DISTANCE OF 97.00 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 360.54 FEET; THENCE SOUTH 40003'27" WEST, A DISTANCE OF 117.08 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 218.16 FEET; THENCE NORTH 41 ° 15' 31" WEST, A DISTANCE OF 131.53 FEET; THENCE NORTH 00027'08" WEST, A DISTANCE OF 383.46 FEET; THENCE NORTH 56048'54" EAST, A DISTANCE OF 79.41 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 116.87 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 85°07'24" WEST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 04°52'36" EAST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 23.31 FEET; THENCE SOUTH 86014'42" WEST, A DISTANCE OF 177.11 FEET; THENCE SOUTH 86031' 17" WEST, A DISTANCE OF 420.74 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT B. CONTAINING 677,644 SQUARE FEET OR 15.557 ACRES, MORE OR LESS. EXHIBIT B AFFIDAVIT OF PETITIONER AFFIDAVIT OF MSP CORPORA11ON REGARDING EXCLUSION OF PROPERTY rROM NEIGHBORS POINT METROPOLITAN DISTRICT I, Marcus Palkowitsh, am a duly'authorized agent of MSP Corporation CUSP"), the MW Qwner.of the real property' described in Exldbit A, as attached hereto € nd hicoroorated herein (the "Property"). On belralfof MSP, and -in support ofthe Petition of Exclusion being considered by tho Board of Directors of the Neighbors Point Metropolitan District (tire "District") on Monday, November 5, 2012 to exclude the Property from the boundaries of the District, I hereby affirm and swear the following: 1: The proposal to exclude the Property is in the best interest of the Property, in that MSP will help promote the timely and efficient development of tine Property. 2. There is no substantial cost or economic benefit to the subject Property, in terms of provision of the District's services, resulting from the exclusion, as MSP is seeking to have a now metropolitan district: approved by the Town of Firestone, Colorado, that will encompass the Property one, .so formed (tire "New District"); upon the formation of the New District, the Property is expected to receive similar economical and sufficient service as would be provided by the District. 3. MSP understands and acknowledges that the District shall no, longer provide public facilities and services to the Property upon exclusion therefrom and the formation of the New District; the Property shall .be provided public facilities and ,services at a reasonable cost as would be provided by the District. 4. Ali economically feasible alternative service is available to the Property upon its exclusion fiom the District and the formation of the New District. .D044this day of November, 20.1.2. MSP CORPORATION �7 M Oc s PaWKvitsh, President STATIC OF COLORADO } } SS. COUNTY OF Y �oag o-t�. , __ ) The foregoing instrument lvas acknowledged before rile ibis Ali- day of November, 2012, by Marcus Palkosvitsh, as President of MSP Corporation. VIA WITNESS my band and official seal. My commission expires: Notary Publio 1*114:II:1(III1 (LEGAL DESCRIPTION OF THE PROPERTY TO BE EXCLUDED FROM THE NEIGHBORS POINT METROPOLITAN DISTRICT) NEIGHBORS POINT FILING No. 1 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE SOUTH 89°31'25" EAST ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 729.28 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1553 AT PAGE 439, AND THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID PARCEL OF LAND THE FOLLOWING TWO (2) COURSES: 1. NORTH 00028'35" EAST, A DISTANCE OF 30.00 FEET; 2. NORTH 00027'08" WEST, A DISTANCE OF 148.17 FEET; THENCE SOUTH 41015'31" EAST, A DISTANCE OF 131.53 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 218.16 FEET; THENCE NORTH 40003'27" EAST, A DISTANCE OF 117.08 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 360.54 FEET; THENCE NORTH 46053'07" WEST, A DISTANCE OF 97.00 FEET; THENCE NORTH 49020' 17" WEST, A DISTANCE OF 119.91 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 207.40 FEET; THENCE NORTH 26035'45" WEST, A DISTANCE OF 135.94 FEET; THENCE NORTH 03033'02" WEST, A DISTANCE OF 80.01 FEET; THENCE NORTH 88028'41" EAST, A DISTANCE OF 123.39 FEET; THENCE NORTH 17023'05" WEST, A DISTANCE OF 64.78 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 62°23'05" WEST, 28.28 FEET); THENCE NORTH 17023'05" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 27°36'55" EAST, 28.28 FEET); THENCE NORTH 17023'05" WEST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06054'02", AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS NORTH 20°50'07" WEST, 56.93 FEET); THENCE SOUTH 59036'31" WEST, A DISTANCE OF 165.96 FEET; EXHIBIT A - CONT. THENCE SOUTH 89032'32" WEST, A DISTANCE OF 166.08 FEET; THENCE NORTH 56010'26" WEST, A DISTANCE OF 56.67 FEET; THENCE NORTH 21 °02'33" WEST, A DISTANCE OF 85.79 FEET; THENCE NORTH 00042'37" WEST, A DISTANCE OF 79.57 FEET; THENCE NORTH 12037' 10" EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 14022'29" EAST, A DISTANCE OF 90.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10032'52", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS NORTH 85-11'02" WEST, 86.95 FEET); THENCE SOUTH 89032'32" WEST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS SOUTH 44°32'42" WEST, 28.28 FEET); THENCE SOUTH 89032' 17" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'20", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45.27' 18" WEST, 28.29 FEET); THENCE SOUTH 89032'32" WEST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL. ANGLE OF 89059'40", AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS SOUTH 44°32'42" WEST, 22.63 FEET); THENCE NORTH 00027'08" WEST ALONG THE EAST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 2919358, A DISTANCE OF 1072.87 FEET; THENCE SOUTH 89058'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 1226.32 FEET; THENCE SOUTH 00001'57" WEST, A DISTANCE OF 113.66 FEET; THENCE SOUTH 12000'26" EAST, A DISTANCE OF 32.59 FEET; THENCE SOUTH 61040'38" EAST, A DISTANCE OF 65.90 FEET; THENCE ALONG THE ARCH OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AMD A CENTRAL ANGLE OF 31059'06", AN ARC DISTANCE OF 24.56 FEET (CHORD BEARS SOUTH 14042'53" EAST, 24.24 FEET); THENCE SOUTH 47058'58" WEST, A DISTANCE OF 59.33 FEET; THENCE SOUTH 00000'54" WEST, A DISTANCE OF 97.14 FEET; THENCE SOUTH 8603726" EAST, A DISTANCE OF 117.46 FEET; THENCE SOUTH 17054'46" EAST, A DISTANCE OF 138.43 FEET; THENCE SOUTH 51003'37" EAST, A DISTANCE OF 26.25 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 73023'43", AN ARCH DISTANCE OF 56.62 FEET (CHORD BEARS SOUTH 11°03'30" EAST, 52.79 FEET); THENCE SOUTH 28°56'38" WEST, A DISTANCE OF 20.22 FEET; THENCE SOUTH 13056'45" EAST, A DISTANCE OF 142.80 FEET; EXHIBIT A - CONT. THENCE SOUTH 31057'02" EAST, A DISTANCE OF 138.60 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 99013'46", AN ARCH DISTANCE OF 76.20 FEET (CHORD BEARS SOUTH 03054'39" EAST, 67.03 FEET); THENCE SOUTH 23°20' 16" WEST, A DISTANCE OF 39.01 FEET; THENCE SOUTH 34°27'58" EAST, A DISTANCE OF 269.47 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 103046'43", AN ARCH DISTANCE OF 79.70 FEET (CHORD BEARS SOUTH 24°46'24" EAST, 69.24 FEET); THENCE SOUTH 34011'00" EAST, A DISTANCE OF 142.04 FEET; THENCE SOUTH 37°09'28" WEST, A DISTANCE OF 205.39 FEET; THENCE SOUTH 54008'02" EAST, A DISTANCE OF 149.93 FEET; THENCE SOUTH 37°25'39" WEST, A DISTANCE OF 299.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61059'52", AN ARCH DISTANCE OF 425.25 FEET (CHORD BEARS SOUTH 68°25'35" WEST, 404.81 FEET); THENCE SOUTH 09025'31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84013'26", AN ARCH DISTANCE OF 29.40 FEET (CHORD BEARS SOUTH 57018'48" WEST, 26.82 FEET); THENCE SOUTH 15012'05" WEST, A DISTANCE OF 58.39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043'30", AN ARCH DISTANCE OF 54.74 FEET (CHORD BEARS SOUTH 07050'20" WEST, 54.59 FEET); THENCE SOUTH 00028'35" WEST, A DISTANCE OF 25.07 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 205.00 FEET; THENCE NORTH 84058'33" EAST, A DISTANCE OF 66.81 FEET; THENCE SOUTH 08014'53" EAST, A DISTANCE OF 130.90 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 415.00 FEET AND A CENTRAL ANGLE OF 07-51'49", AN ARCH DISTANCE OF 56.96 FEET (CHORD BEARS NORTH 79029' 16" EAST, 56.91 FEET); THENCE SOUTH 13°30'29" EAST, A DISTANCE OF 54.01 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 106.46 FEET; THENCE SOUTH 07021'26" WEST, A DISTANCE OF 46.14 FEET; THENCE SOUTH 12041'20" WEST, A DISTANCE OF 75.28 FEET; THENCE SOUTH 51 °20' 12" WEST, A DISTANCE OF 55.94 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 80.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 767.35 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACTS C AND D. CONTAINING 1,225,902 SQUARE FEET OR 28.143 ACRES, MORE OR LESS. EXHIBIT A - CONT. NEIGHBORS POINT FILING NO.2 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89°31'25" EAST; THENCE NORTH 67038'43" EAST, A DISTANCE OF 1303.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00028'35" EAST, A DISTANCE OF 25.07 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043'30", AN ARC DISTANCE OF 54.74 FEET (CHORD BEARS NORTH 07°50'20" EAST, 54.59 FEET); THENCE NORTH 15012'05" EAST, A DISTANCE OF 58.39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84013'26", AN ARC DISTANCE OF 29.40 FEET (CHORD BEARS NORTH 57° 18'48" EAST, 26.82 FEET); THENCE NORTH 09025' 31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61059'52", AN ARC DISTANCE OF 425.25 FEET (CHORD BEARS NORTH 68°25'35" EAST, 404.81 FEET); THENCE NORTH 37°25'39" EAST, A DISTANCE OF 299.69 FEET; THENCE NORTH 54008'02" WEST, A DISTANCE OF 149.93 FEET; THENCE NORTH 37009'28" EAST, A DISTANCE OF 205.39 FEET; THENCE NORTH 46057' 17" EAST, A DISTANCE OF 121.94 FEET; THENCE NORTH 49040'55" EAST, A DISTANCE OF 141.59 FEET; THENCE NORTH 5602546" EAST, A DISTANCE OF 65.00 FEET; THENCE NORTH 60010'57" EAST, A DISTANCE OF 139.73 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 373.00 FEET AND A CENTRAL ANGLE OF 01030'42", AN ARC DISTANCE OF 9.84 FEET (CHORD BEARS SOUTH 19°20'30" EAST, 9.84 FEET); THENCE NORTH 71024'51" EAST, A DISTANCE OF 102.80 FEET; THENCE NORTH 85030'59" EAST, A DISTANCE OF 78.12 FEET; THENCE NORTH 08011'24" WEST, A DISTANCE OF 131.34 FEET; THENCE NORTH 17020'40" WEST, A DISTANCE OF 68.10 FEET; THENCE NORTH 37005'43" EAST, A DISTANCE OF 81.48 FEET; EXHIBIT A - CONT. THENCE NORTH 27059'05" EAST, A DISTANCE OF 82.46 FEET; THENCE NORTH 11 004'44" EAST, A DISTANCE OF 53.68 FEET; THENCE NORTH 11 000'06" WEST, A DISTANCE OF 77.68 FEET; THENCE NORTH 24017'57" WEST, A DISTANCE OF 54.00 FEET; THENCE NORTH 65°42'03" EAST, A DISTANCE OF 53.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 95021'41", AN ARC DISTANCE OF 33.29 FEET (CHORD BEARS NORTH 18.01' 13" EAST, 29.58 FEET); THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 523.00 FEET AND A CENTRAL ANGLE OF 09056'52", AN ARC DISTANCE OF 90.80 FEET (CHORD BEARS NORTH 34038'04" WEST, 90.69 FEET); THENCE NORTH 50023'30" EAST, A DISTANCE OF 204.82 FEET; THENCE NORTH 10032'07" WEST, A DISTANCE OF 142.43 FEET; THENCE NORTH 11010'57" EAST, A DISTANCE OF 108.23 FEET; THENCE SOUTH 89058'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 146.51 FEET; THENCE SOUTH 00000'54" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1356.45 FEET; THENCE NORTH 89059'06" WEST, A DISTANCE OF 179.00 FEET; THENCE NORTH 00000'54" EAST, A DISTANCE OF 67.49 FEET; THENCE NORTH 89059'08" WEST, A DISTANCE OF 140.01 FEET; THENCE SOUTH 69033' 17" WEST, A DISTANCE OF 48.16 FEET; THENCE SOUTH 64017'20" WEST, A DISTANCE OF 126.49 FEET; THENCE SOUTH 56051' 16" WEST, A DISTANCE OF 44.27 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 140.00 FEET; THENCE NORTH 52034'21" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 617.84 FEET; THENCE NORTH 46035' 15" WEST, A DISTANCE OF 38.04 FEET; THENCE SOUTH 43024'45" WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 46035' 15" EAST, A DISTANCE OF 43.79 FEET; THENCE SOUTH 43024'45" WEST, A DISTANCE OF 55.95 FEET; THENCE SOUTH 55054' 17" WEST, A DISTANCE OF 69.31 FEET; THENCE SOUTH 76023'49" WEST, A DISTANCE OF 72.29 FEET; THENCE SOUTH 84058'33" WEST, A DISTANCE OF 66.81 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 205.00 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT Q. CONTAINING 665,114 SQUARE FEET OR 15.269 ACRES, MORE OR LESS. EXHIBIT A - CONT. NEIGHBORS POINT FILING NO.5 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 03024'37" EAST, A DISTANCE OF 742.26 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00027'08" WEST, A DISTANCE OF 847.43 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 89°59'40", AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS NORTH 44°32'42" EAST, 22.63 FEET); THENCE NORTH 89032'32" EAST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90°00'20", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45°27' 18" EAST, 28.29 FEET); THENCE NORTH 89"32' 17" EAST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS NORTH 44°32'42" EAST, 28.28 FEET); THENCE NORTH 89032'32" EAST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10032'52", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS SOUTH 85-11'02" EAST, 86.95 FEET); THENCE SOUTH 14022'29" WEST, A DISTANCE OF 90.00 FEET; THENCE SOUTH 12037' 10" WEST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00042'37" EAST, A DISTANCE OF 79.57 FEET; THENCE SOUTH 21002'33" EAST, A DISTANCE OF 85.79 FEET; THENCE SOUTH 56010'26" EAST, A DISTANCE OF 56.67 FEET; THENCE NORTH 89032'32" EAST, A DISTANCE OF 166.08 FEET; THENCE NORTH 59036'31" EAST, A DISTANCE OF 165.96 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06054'02", AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS SOUTH 20°50'07" EAST, 56.93 FEET); THENCE SOUTH 17023'05" EAST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS SOUTH 62023'05" EAST, 28.28 FEET); THENCE SOUTH 17023'05" EAST, A DISTANCE OF 64.78 FEET; EXHIBIT A - CONT. THENCE SOUTH 88028'41" WEST, A DISTANCE OF 123.39 FEET; THENCE SOUTH 03033'02" EAST, A DISTANCE OF 80.01 FEET; THENCE SOUTH 26035'45" EAST, A DISTANCE OF 135.94 FEET; THENCE SOUTH 40007'24" EAST, A DISTANCE OF 207.40 FEET; THENCE SOUTH 49020' 17" EAST, A DISTANCE OF 119.91 FEET; THENCE SOUTH 46053'07" EAST, A DISTANCE OF 97.00 FEET; THENCE SOUTH 00°28'35" WEST, A DISTANCE OF 360.54 FEET; THENCE SOUTH 40003'27" WEST, A DISTANCE OF 117.08 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 218.16 FEET; THENCE NORTH 41015'31" WEST, A DISTANCE OF 131.53 FEET; THENCE NORTH 00027'08" WEST, A DISTANCE OF 383.46 FEET; THENCE NORTH 56048'54" EAST, A DISTANCE OF 79.41 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 116.87 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 85°07'24" WEST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 04°52'36" EAST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 23.31 FEET; THENCE SOUTH 86014'42" WEST, A DISTANCE OF 177.11 FEET; THENCE SOUTH 86031' 17" WEST, A DISTANCE OF 420.74 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT B. CONTAINING 677,644 SQUARE FEET OR 15.557 ACRES, MORE OR LESS. CERTIFICATE COMES NOW, Jerry Bouldin, the Treasurer/Secretary of the Neighbors Point Metropolitan District, and hereby certifies that the attached Resolution and Order is a true and accurate copy of the Resolution and Order adopted by the Board of Directors at its regular meeting held Monday, November 5, 2012, at 12:00 P.M., at 70017"' Street, Suite 2200, Denver, CO 80202. WITNESS my hand this 51h day of November, 2012. Exhibit E Financial Plan -21 - D.A. Davidson & Co. member SIPC Neighbors Point Metropolitan District Bond Assumptions 1. 7.5% interest rate a. Represents the long-term average of non -rated rates for similar credits 2. 30 year final maturity 3. 10 year call protection Development Assumptions 1. 271 single family detached homes in the development 2. 3 lot sizes ranging from 6,000 to 8,500 square feet 3. Home prices ranging from $225,000 to $280,000 in 2013 dollars, inflating at 2% annually thereafter 4. Initial homes constructed beginning in 2013 5. Last homes constructed in 2021 6. Finished homes are reassessed biennially with 2% inflation in value (approximately 1% inflation annually) 7. Lots are constructed a year ahead of homes and are valued at 10% of the value of that home when completed District Assumptions 1. 35 mills imposed for debt service 2. 5 mills imposed for district operations D.A. Davidson & Co. Fixed Income Capital Markets 1600 Broadway, Suite 1100 • Denver, Colorado 80202-4922 • (303) 764-6000 • (800) 942-7557 • Fax (303) 764-5770 www.dadavidson.com D.A. Davidson & Co. Member SIPC Page 1 of 2 NEIGHBORS POINT METROPOLITAN DISTRICT Development Projection (se2) at 35.00 (target) Mills for Debt Service Series 2016 8 Series 2020, Non -Rated Bond Issues, 30-yr. maturities ««««Residential»»»» < PlattediDevelopedLots> Mkt Value As'ed Value As'ad Value Biennial 07.95% a29.00% Total Reasses'rnt C... 1.tive of Market Cumulative of Market s'I Units ® 2.0% Market Vslua 12-vr 1-1 Market Value 11-vr 1— Total DIS MITI Levy Total S.O. Taxes Total Collected 135.000 target] Collections Collected Available Assessed Value 0 98.0% 1.111 8% Revenue 2012 0 0 809,000 $0 $0 s0 0 2013 32 8,090,000 809,000 $0 35.000 0 0 0 2014 32 161800 16,503,6w 0 809,000 234,610 234,610 35.000 8,047 644 8.691 2015 32 24,920,436 643,964 809,0013 234,610 878,574 35.000 30,135 2.411 32.546 2016 32 498,409 34.004,017 1,313,687 609,000 234,610 1,548,297 35.000 53.107 4.249 57.355 2017 32 42.780,894 1.983.667 809,0D0 234,610 2,218.277 35.000 76,087 6,087 82,174 2018 32 855.218 52.548,125 2,706,720 809,OD0 234,610 2.941.330 35.000 100,688 8,071 108,959 2019 32 61,658.779 3,403,767 809 ODD 234,610 3.638,377 35.DDD 124,796 9,984 - 134,760 2020 32 1,233,175 72,184,622 4,182,831 365,5C0 234.610 4.417.441 35.000 151,516 12.121 163,640 2021 15 76,467.237 4,908,039 0 234,610 5.142.649 35000 176,393 14,111 190,504 2022 0 1.525,345 77,996,582 5,745.912 0 1D5,995 5,851.907 35.00O 200,720 16,058 216,778 2023 0 77,996,582 6OBQ792 0 0 6,086,792 35.00D 208,777 16,702 225,479 2024 0 1,559,932 79,556,513 6.208.528 0 0 6,208,528 35.000 212,953 17,036 229.989 2025 79,556,513 6.208,528 0 6,208,528 35.000 212,953 17.036 229.989 2026 1,5511,130 81,147,643 6,332,698 0 6,332,698 35.000 717,212 17.377 234.588 2027 81.147,643 6,332,698 0 6,332,698 35.000 217,212 17.377 234,588 2028 1,622,953 82,770.596 6,459,352 0 6,459,352 35.OD0 221,656 17,724 239,280 2029 82,770.596 6,459,352 0 6,459,352 35.000 221,556 17,724 239.280 2030 1,655,412 54,426,008 6,588,539 0 6.588.539 35.000 225,987 18,079 244,066 2031 84,426,OD8 6,588.539 0 6,588,539 35.000 225,987 18,079 244,066 2032 1,688,520 86,114,528 6,726,310 0 6,720,310 35.000 230,507 18,441 248,947 2033 86,114,528 8.720,310 0 6,720,310 35.000 230,507 18,441 248.947 2034 1,722,291 87,836,819 6,654,716 0 6,854,716 35.000 235,117 16.809 253.926 2035 87.836,819 6,854,716 0 6,854,716 35.000 235,117 18,809 253.926 2036 1,755.736 89,593,555 6,991,811 0 6,991,811 35.000 239.919 19,186 259,005 2037 89.593.555 6,991,811 0 6,991,811 35.000 239,819 19,186 259,005 2038 1,791,871 91,385.426 7,131,647 0 7,131.647 35.000 244,615 19,569 264,185 2039 91,385,426 7.131.647 0 7.131.647 35.000 244,615 19,569 264,185 2040 1,B27,709 93,213,135 7,274,28D D 7.274,280 35.000 249,508 19,961 269,468 2041 93,213,135 7,274,280 0 7.274,280 35.000 249,508 19,961 269,468 2042 1864,263 95,077,398 7,419,766 0 7,419.766 35.000 254,498 20,360 274.858 2043 95.077,398 7,419,766 0 7,419,766 35.000 254,498 20.360 274.858 2044 1,901,548 96,978,946 7,568,161 0 7,%8,161 35.000 259,588 20.767 280,355 2045 96,978.946 7,568,161 0 7,568,161 35.000 259,588 20,767 280.355 2046 1.939,579 98,918,525 7,719,524 0 7,719.524 35.000 264,780 21,162 285,962 2047 98,918.525 7,719.524 0 7,719.524 35.OD0 264,780 21,182 285,962 2048 1,978,370 100,896,895 7,873,915 0 7,873,915 35 000 270,075 21,606 291,681 2049 100,896,895 7,873,915 0 7.873,915 35.000 270.075 21,606 291,681 2050 2,017,938 102,914,833 8,031,393 0 8.031,393 35.000 275,477 22,038 297.515 271 29,196,198 7,658.372 612,6701 8,271,041 Prepared by D.A Davidson A Co, 1119f2012 E NPMD Fln Plan 12 xiax NR Fin Plan2 Draft: for discussion only: nat for inveslordisclosure Page 2 of 2 YEA[ 20 20 20 20 20 20 20 20 20: K,, 2C: za 20: 20: 20: 2D; 20: 2a 20: 20: 2D; zo: 20: 20: 20: 2M 20: 20: 20' 20� 20� 2D4 204 204 204 204 204 204 205 NEIGHBORS POINT METROPOLITAN DISTRICT .Deveiopment Projection (sc2) at 35.00 (target) Mills far Debt Service Series 2015 8 Series 2020, Non -Rated Bond Issues, 30-yr. maturities Ser. 7015 Ser. 2020 51,250,000 Par $1,650,000 Par [Ne1$1.013 MM] [Net $1.522 MM] Net Avallable Net Debt Net Debt for Debt Svn Service G_I_ Senior Senlar Cumulative Cumulative Debt! Annual Surplus Salan- Assessed Aefi Value NEIGHBORS POINT METROPOLITAN DISTRICT Operations Revenue and Expense Projection Total Total S.O. Taxes Total Assessed Operns CGII-tions Collected Avellable Total Value Mill t.evv Its 98% ®6% Fnr O&M Mllln 0 0 0 0 0 0 n!a 0% 0 8,691 8.691 8,691 0% 0% 234.610 5.000 1,150 92 1,242 40.00 32,546 $0 32,546 41,237 0% 0% 878,574 5.000 4,305 344 4,649 40.00 57,355 0 57,355 98,592 0% D% 1,548,297 5.000 7,587 607 6.194 40.00 82,174 0 82,174 180,766 56% 3% 2,218,277 5.000 10,870 87D 11,739 40.00 108.959 93,750 15.209 195,974 42% 2% 2.941,330 5.00D 14,413 1,153 15,566 40.0D 134.780 98,750 36.030 232,OD4 34% 2% 3.638,377 5.000 17,828 1,426 19,254 40.OD 163.640 103,375 $0 60,265 292,269 28% 2% 4,417,441 5.000 21,645 1.732 23,377 40.00 190,504 102,625 61,875 26,004 318,273 24% 2% 5,142.649 5.000 25,199 2,016 27,215 40.00 216,778 101,875 123,750 (8,847) 309,426 49% 4% 5,851,907 5.000 28.674 2.294 30,968 40.00 225,479 106.125 123,750 (4,396) 305,031 47% 4% 6,086,792 5.000 29,825 2,386 32,211 40.00 229,989 105.000 123,75D 1,239 306.269 46% 4% 6,208,528 5.000 30,422 2,434 32,656 40.00 229.989 103,875 123,750 2.364 308,633 46% 4% 6,208,528 5.000 30,422 2,434 32856 40.00 234.588 107,750 123,750 3.088 311,721 45% 3% 6.332,698 5.000 31,030 2,482 33,513 40.00 234,588 106,250 128750 (412} 311,31D 45% 3% 6,332,698 5.00D 31,030 2,482 33513 40.DD 239,280 109,750 128,375 1.155 312,465 43% 3% 6,459,352 5.000 31,651 2.532 34,183 40.00 239,260 107,875 129,000 3,405 315,870 43% 3% 6,459,352 5.000 31.651 2.532 34,183 40,00 244,066 111,000 132.625 441 316,311 42% 3% 6,588,539 5.000 32.284 2,583 34,867 40.00 244.066 113.750 126,875 3,441 319,752 41% 3% 6,588,539 5.000 32,284 2.583 24.867 40.00 248,947 116,125 131,500 1.322 321,074 40% 3% 6.720,310 5.000 32,030 2,634 35,564 40.00 248,947 113,125 135,750 72 321,146 39% 3% 6,720,310 5.000 32,930 2,634 35,564 40.00 253,926 115,125 139,625 (824) 320,323 38% 3% 6,854.716 5.000 33,588 2,687 35,275 40.00 253,928 116,750 138,125 (949) 319,374 37% 3% 6,854,716 5.000 33,588 2.687 36275 40.OD 259,005 116.000 141,625 (620) 318,753 35% 3% 6.991,811 5.000 34,260 2.741 37,001 40.OD 259,D05 118.875 139,750 380 319,133 34% 3% 6,991,811 5.000 34,260 2.741 37,001 40.00 264.165 119,375 142,875 1.935 321,068 32% 3% 7.131,647 5,000 34,945 2,796 37,741 40.00 264,185 119,500 140,625 4.060 325,127 31% 2% 7.131,647 5,000 34,945 2,796 37,741 40.00 269,468 124,250 143,375 1,843 326,971 29% 2% 7,274.280 5.000 35,644 2,852 38.495 40.00 269,468 123,250 145,750 468 327,439 28% 2% 7,274,280 5.000 35,644 2,852 38,495 40A0 274,858 126.875 147.750 233 327,672 26% 2% 7,419,766 5.000 35,357 2.909 39,265 40.00 274,858 124,750 149,375 733 328,405 24% 2% 7,419,766 5.000 36.357 2.909 39,265 40.00 280,355 127,250 150,625 2,48D 330,855 22% 2% 7,568,161 5.000 37,094 2.967 40,051 40.00 280,355 129,000 151,500 (145) 330.740 20% 2% 7,568,161 5.000 37,084 2,967 40,051 4D.00 285,962 0 282,000 3,962 334,702 17% 1% 7.719.524 5.000 37,825 3,026 40,852 40.00 285.962 0 282,375 3,587 335,289 15% 1% 7.719.524 5.000 37,826 3,026 40,852 40.00 291,681 0 266,625 5,056 343,345 12% 1% 7,873,915 5.000 38,582 3,087 41.669 40.00 291,681 0 289.375 2,3D6 345,651 10% 1% 7,873,915 5.000 38,582 3,087 41,669 40.00 297,515 0 295,625 1.850 347,541 7% 1% 8,031,393 5000 39.354 3.148 42,502 40.00 8,271,041 3,164,000 4,759,500 347,541 1.094.053 97,524 1,181,577 TENO10912 l 5,.E2] [EN-W1220nrE21 1118R012 E NPMD Fin Pfan 12xlsx repared by D.A. Davidson 6 Co. NR Fin Plant Drat for discussionPonly, not for Investor disclosure YEAR 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 NEIGHBORS POINT METROPOLITAN DISTRICT Development Projection (sc2) - Bulidout (updated 1119112) Residential Development Residential Summary Pape 1 of 1 0 Lots Devel'd 7500 SF Lots - SFDs Ined(Decd In - Finished Lot d Units Price Value 0 Completed Inflated 10% 153 target 2% Market Value 9 Lots Devel'd 8500 SF Lots - SFDs Incri(Decr) In Finished Lot A Units Price Value Q Completed Inflated 10% 65 target 2% Market Value 0 Lots Devel'd 6000 SF Lots - SFDs Incri(Decr) In Finished Lot 9 Units Price Value 0 Completed Inflated 10% 53 target 2% Market Value Total Residential Market Value Total Res'l Units Annual Market Value 0. of Platted & Developed Lots 18 450,000 0 8 224,000 0 6 135,000 0 $0 0 809,000 18 0 18 $250,000 4,500,000 8 0 8 $280,000 2,240,000 6 0 6 $225,000 1,350,000 B4O90,000 32 0 18 0 18 255,000 4,590,000 8 0 8 285,600 2.284,800 6 0 6 229,500 1.377.000 8,251,800 32 0 18 0 18 260,100 4.681,800 8 0 6 291,312 2.330,496 6 0 6 234,090 1.404.540 8.416.836 32 0 18 0 18 265.302 4,775,436 6 0 8 297,138 2,377,106 6 0 6 238,772 1,432,631 8,585.173 32 0 18 0 18 270,608 4,870,945 8 0 8 303,081 2,424,648 6 0 6 243,547 1,461,283 8,756.876 32 0 18 0 18 276.020 4,968,364 B 0 8 309.143 2,473,141 6 0 6 248,418 1,490,509 8,932,014 32 0 18 0 18 281,541 5,067.731 8 0 8 315,325 2,522,604 6 0 6 253.387 1,520,319 9,110,654 32 0 9 (225,000) 18 287,171 5,169.086 1 (196,00D) 8 321,632 2,573,056 5 (22,500) 6 258,454 1,550,726 9,292,867 32 (443,500) 0 (225.000) 9 292,915 2,636.234 0 (28,000) 1 328,065 328.065 0 (112,500) 5 263,623 1,318,117 4,282,415 15 (365,500) 0 0 0 298,773 0 0 0 0 334,626 0 0 0 0 268,896 0 0 0 0 0 0 0 304,749 0 0 0 0 341,318 0 0 0 0 274,274 0 0 0 0 0 0 310,844 0 0 0 348,145 0 0 0 279,759 0 0 0 0 153 0 153 41,259,594 65 (0) 65 19,553,915 53 0 53 12,905.125 73,718,635 271 0 111WO12 E NPMD Fin Plan 12.Asx Abs2 Prepared by D.A. DavEdson & Co. ® QA. Davidson A Co. SOURCES AND USES OF FUNDS NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2015 Non -Rated, 30-Year Maturity (Sized on growth thru. 2016 - sc2 deg.) [ Preliminary -- for discussion only ] Dated Date 1210112015 Delivery Date 12/01/2015 Sources: Bond Proceeds: Par Amount 1,250,000.00 1,250,000.00 Uses: Project Fund Deposits: Project Fund Deposit 1,012,734.14 Other Fund Deposits: Capitalized Interest Fund 187,265.86 Delivery Date Expenses: Cost of Issuance 50,000.00 1,250,000.00 Nov 9, 2012 10:19 am Prepared by D.A, Davidson & Go Quantitative Group —PM (Neighbors Point MD 11:EN0V0912-15NRE2) Pagel BOND DEBT SERVICE NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2015 Non -Rated, 30-Year Maturity (Sized on growth thru. 2016 - sc2 dev.) [ Preliminary -- for discussion only ] Period Ending Principal Coupon Interest Debt Service Annual Debt Service 06/0112016 46,875.00 46,875.00 12/01/2016 46,875.00 46,875.00 93,750 06/01/2017 46,875.00 46,875,00 12/01/2017 46,875.00 46,875.00 93,750 06/01/2018 46,875.00 46,875.00 12101/2018 46,875.00 46,875.00 93,750 06/01/2019 46,875,00 46,875.00 12/01/2019 5,000 7.500% 46,875.00 51,875.00 98,750 06/01/2020 46,687.50 46,687.50 12101/2020 10,000 7.500% 46,687.50 56,687.50 103,375 06101/2021 46,312.50 46,312,50 12/01/2021 10.000 7.500% 46,312.50 56,312.50 102,625 06/01/2022 45,937.50 45,937.50 12101/2022 10,000 7,500% 45,937.50 55,937.50 101,875 06/01/2023 45,562.50 45,562.50 12/01/2023 15,000 7.500% 45,562.50 $0,562.50 106,125 06/01/2024 45,000.00 45,000.00 12/01/2024 15,000 7.500% 45,000.00 60,000.00 105,000 06/01/2025 44,437.50 44,437.50 12/01/2025 15,000 7.500% 44,437.50 59.437.50 103,875 06/0112026 43,875.00 43,875.00 12/01/2026 20,000 7.500% 43,875.00 63,876.00 107,750 06/01/2027 43,125.00 43,125.00 12/01/2027 20,000 7.500% 43,125.00 63,125.00 106,250 06/01/2028 42,375.00 42,375.00 12/01/2028 25,000 7.500% 42,375.00 67,375.00 109,750 06/01/2029 41,437.50 41,437.50 12/01/2029 25,000 7.500% 41,437.50 66,437.50 107.875 06/01/2030 40,500.00 40,500.00 12/01/2030 30,000 7.500% 40,500.00 70.500,00 111,000 06101/2031 39,375,00 39,375.00 12101/2031 35,000 7.500% 39,375.00 74,375.00 113,750 06/01/2032 38,062.50 38,062.50 12/01/2032 40,000 7.500% 38,062.50 78,062,50 116,125 06/01/2033 36,562.50 36,562.50 12/01/2033 40,000 7.500% 36,562.50 76,562.50 113,125 06/01/2034 35,062.50 35,062.50 12/01/2034 45,000 7.500% 35.062.50 80,062.50 115,125 06/0112035 33,375.00 33,375.00 12/0112035 50,000 7.500% 33,375.00 83,375.00 116,750 06/0112036 31,500.00 31.500.00 12/0112036 55,000 7.500% 31,500.00 86,500.00 118,000 06/01/2037 29,437.50 29,437.50 12/01/2037 60,000 7,500% 29,437.50 89,437.50 118,875 06/01/2038 27,187.50 27,187.50 12/01/2038 65.000 7.500% 27.187.50 92,187.50 119,375 06/01/2039 24,750.00 24,750.00 12/01/2039 70,000 7.500% 24,750.00 94,750.00 119,500 06/01/2040 22,125.00 22,125.00 12/01/2040 80,000 7,500% 22,125A0 102,125.00 124,250 05/01 /2041 19,125.00 19,125.00 12/01/2041 85,000 7.500% 19,125.00 104,125.00 123,250 06/01/2042 15,937.50 15,937.50 12/01/2042 95,000 7.500% 15,937.50 110,937.50 126,875 06/01/2043 12, 375, 00 12, 375.00 12/01/2043 100,000 7.500% 12,375.00 112,375,00 124,750 06/01/2044 8,625.00 8,625.00 12/01/2044 110,000 7.500% 8,625.00 11B,625.00 127,260 06/01/2045 4,500.00 4,500.00 12/0112045 120,000 7.500% 4,500.00 124,500.00 129,000 1,250,000 2,101,500.00 3,351,500.00 3.351,500 DA Davidson � Ca MM ING EGmu1MR[E15 0 Nov 9, 2012 10:19 am Prepared by D.A. Davidson & Co Quantitative Group -PM (Neighbors Point MD 11:ENOV0912-15NRE2) Page 2 ® @A.Davldson & Cu. nun�rorc cw�au.ue�en NET DEBT SERVICE NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2015 Non -Rated, 30-Year Maturity (Sized on growth thru. 2016 - sc2 deg.) [ Preliminary -- for discussion only ] Capitalized Total Interest Net Annual Date Principal Interest Debt Service Fund Debt Service Net DIS 06/01/2016 46,875.00 46,875.00 A6,875 12/01/2016 46,875.00 46,875,00 -46,875 06/01/2017 46,875.00 46,875.00 -46,875 12/01/2017 46.875.00 46,875.00 -45,875 06/01/2018 46,875.00 46,875.00 46,875.00 12/01/2018 46,875.00 46,875.00 46,875.00 93,750 06/01/2019 46,875.00 46,875.00 46,875.00 12/01/2019 5,000 46,875.00 51,875,00 51,875.00 98,750 06/01/2020 46,687,50 46,687.50 46,687.50 12/01/2020 10,000 46,687.50 56,687.50 58,687.50 103,375 06/01/2021 46,312.50 46,312.50 46,312.50 12/01/2021 10,000 46,312.50 56,312.50 56,312.50 102,625 06/0112022 45,937.50 45,937.50 45,937.50 12/01/2022 10,000 45,937,50 55,937.50 55,937,50 101,875 06/01/2023 45,562.50 45,562.50 45,562.50 12/01/2023 15,000 45,562.50 60,562.50 60,562.50 106,125 06/01/2024 45,000.00 45.000.00 45,000.00 12/01/2024 15,000 45,000.00 60,000.00 60,000.00 105,000 06/0112025 44,437.50 44,437.50 44,437.50 12/0112025 15,000 44,437,50 59,437.50 59,437,50 103,875 06/0112026 43,875.00 43,875,00 43,875.00 12/01/2026 20,000 43,875.00 63,875.00 63,675,00 107,750 06/01/2027 43,125.00 43,125.00 43,125.00 12/0112027 20,000 43,125.00 63,125.00 63,125A0 106,250 061011202E 42,375.00 42,375.00 42,375.00 12/01/2028 25,000 42,375.00 67,375.00 67,375.00 109,750 06/01/2029 41,437,50 41,437.50 41,437,50 12/01/2029 25,000 41.437.50 66,437.50 66,437.50 107,875 06/01/2030 40,500.00 40,500,00 40,500.00 12/01/2030 30,000 40,500.00 70,500.00 70,500,00 111,000 06/01/2031 39,375.00 39,375.00 39,375.00 12/01/2031 35,000 39.375,00 74,375.00 74,37&00 113,750 06/01/2032 38,062.50 38,062.50 38,062.50 12/01/2032 40,000 38,062,50 78,082.50 78,062.50 116,125 06/01/2033 36,562.50 36,562.50 36,562,50 12/01/2033 40,000 36,562.50 76,562.50 76,562.50 113,125 06/01/2034 35,062.50 35,062.50 35,062,50 12/01/2034 45,000 35,062.50 80,062.50 80,062.50 115,125 06/01/2035 33,375.00 33,375.00 33,375.00 12/01/2035 50,000 33,375.00 83,375.00 83,375.00 116,750 06/01/2036 31.500.00 31,500.00 31.500,00 12/01/2036 55,000 31,500.00 86,500.00 86,500.00 118,000 06/01/2037 29,437.50 29,437.50 29,437.50 12/01/2037 60,000 29,437.50 89,437.50 89,437.50 118,875 06/01 /2038 27,187.50 27,187.50 27,187.50 12101/2038 65,000 27,187.50 92,187.50 92.187.50 119,375 06/01/2039 24,750.00 24,750.00 24,750.00 12/01/2039 70,000 24,750.00 94,750.0D 94,750.00 119,500 06/01/2040 22,125.00 22,125.00 22,125.00 12/01/2040 80,000 22,125.00 102,126.00 102,125.00 124,250 06101 /2041 19,125.00 19,125.00 1 %125.00 12/01 /2041 85,000 19,125.00 104,125, 00 104,125.00 123,250 06/01 /2042 15,937.50 15, 937.50 15,937.50 12/01/2042 95,000 15,937.50 110,937.50 110,937.50 126,875 06101 /2043 12,375.00 12,375.00 12, 375.00 12/01/2043 100,000 12,375.00 112,375.00 112,375.00 124,750 06/01/2044 8,625.00 8,625.00 8,625.00 12/0112044 110,000 8,625.00 118,625.00 118,625.00 127,250 06/01/2045 4,500.00 4,500.00 4,500.00 12/01/2045 120,000 4,500.00 124,500.00 124,500.00 129,000 1.250.000 2,101,500.00 3,351,500.00 -187,500 3,164,000.00 3,164,000 Nov 9, 2012 10:19 am Prepared by D.A. Davidson & Co Quantitative Group -PM (Neighbors Point MD 11:EN0V0912-15NRE2) Page 3 D.A.11av&n A Ca n�tn �co�e umu wvecEn SOURCES AND USES OF FUNDS NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 Non -Rated, 30-Year Maturity (Sized on All Growth - sc2 dev.) [ Preliminary -- for discussion only ] Dated Date 12/0112020 Delivery Date 12/01/2020 Sources: Bond Proceeds: Par Amount 1,650,000.00 1,650,000.00 Uses: Project Fund Deposits: Project Fund Deposit 1,522,155.92 Other Fund Deposits: Capitalized Interest Fund 61,844.08 Delivery Date Expenses: Cost of Issuance 66,000.00 1,650,000.00 Nov 9, 2012 10:22 am Prepared by D.A. Davidson & Co Quantitative Group —PM (Neighbors Point MD l l :ENOV0912-20NRE2) Pagel RA.Davldson & Ca wmwoore umx when BOND DEBT SERVICE NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 Non -Rated, 30-Year Maturity (Sized on All Growth - sc2 deg.) [ Preliminary -- for discussion only ] Period Ending Principal Coupon Interest Debt Service Annual Debt Service 06/01/2021 61,875.00 61,875.00 12/01/2021 61,875.00 61,875.00 123,750 06/01/2022 61,875.00 61,875.00 12/01/2022 61,875,00 61,875.00 123,750 06101/2023 61,875.00 61,875.00 12101/2023 61,875.00 61,875.00 123,750 06101/2024 61,875.00 61,875.00 12101/2024 61,875.00 61,875.00 123,750 06101/2025 61,875.00 61,875A0 12101/2025 61,875.00 61,875.00 123,750 06/01/2026 61,875.00 61,875.00 12/01/2026 61,875.00 61,875,00 123,750 06/01/2027 61,875.00 61,875,00 12/01/2027 5,000 7.500% 61,875.00 66,875.00 128,750 06/0112028 61,687.50 61,687.50 12/01/2028 5,000 7.500% 61,687.50 66,687.50 128,375 06/0112029 61,500.00 61,500.00 12/0112029 5,000 7.500% 61,500.00 66,500.00 128,000 06/01/2030 61,312.50 61,312.50 12/01/2030 10,000 7.500% 61,312.50 71,312.50 132,625 06/01/2031 60,937.50 60,937.50 12/01/2031 5,000 7.500% 60,937,50 65,937.50 126,875 06/01/2032 60,750.00 60,750.00 12/01/2032 10,000 7.500% 60,750.00 70,750.00 131,600 06101/2033 60,375.00 60,375.00 12/01/2033 15,000 7.500% 60,375.00 75,375.00 135,750 06101/2034 59,812.50 59,812.50 12/01/2034 20,000 7.500% 59,812.50 79,812.50 139,625 06/01/2035 59,062.50 59,062.50 12/01/2035 20,000 7.500% 59,062.50 79,062,50 138,125 06/01/2036 58,312.50 58,312.50 12/01/2036 25,000 7.500% 58,312.50 83,312.50 141,625 06/01/2037 57,375.00 57,375,00 12/01/2037 25,000 7.500% 57,375.00 82,375.00 139,750 06/01/2038 56,437.50 56,437,50 12/0112038 30,000 T.500% 56,437.50 86,437.50 142,875 06/01/2039 55,312.50 55,312.50 12/01/2039 30,000 7.500% 55,312.50 85,312.50 140,625 06/01/2040 54,187,50 54,187.50 12/01/2040 35,000 7.500% 54,187.50 89,187.50 143,375 06/01/2041 52,875A0 52,875.00 12/01/2041 40,000 7.500% 52,875.00 92,875,00 145,750 06101/2042 51,375.00 51,375.00 12101/2042 45,000 7.500% 51,375.00 96,375.00 147,750 06101/2043 49,687.50 49,687.50 12/01/2043 50,000 7.500% 49,687.50 99,687.50 149,375 06/01/2044 47.812.50 47,812.50 12/01/2044 55,000 7.500% 47,812.50 102,812.50 150,025 06/0112045 45,750.00 45,750.00 12/01/2045 60,000 7.500% 45,750.00 105,750.00 151,500 06/01/2046 43,500.00 43,500.00 12/0112046 195,000 7.500% 43,500.00 238,500.00 282,000 06/01/2047 36,187.50 36,187.50 12/01/2047 210,000 7.500% 36,187.50 246,187.50 282,375 06/01/2048 28,312.50 28,312.50 12/01/2048 230,000 7.500% 28,312.50 258,312.50 285,625 06101/2049 19,687.50 19,687.50 12/01/2049 250,000 7.500% 19,687,50 269,657.50 289,375 06/01 /2050 10,312.50 10,312.50 12101/2050 275,000 7.500% 10,312.50 285,312.50 295,625 1,650,000 3,171,375.00 4,821,375.00 4,821,375 Nov 9, 2012 10:22 am Prepared by D.A. Davidson & Co Quantitative Group -PM (Neighbors Point MD 11:ENOV0912-20NRE2) Page 2 D.A. Daddson ib Co. mmINCOMEC P; wl6Ei Date Principal NET DEBT SERVICE NEIGHBORS POINT METROPOLITAN DISTRICT GENERAL OBLIGATION BONDS, SERIES 2020 Non -Rated, 30-Year Maturity (Sized on All Growth - sc2 dev.) [ Preliminary -- for discussion only ] Capitalized Total Interest Net Interest Debt Service Fund Debt Service Annual Net D1S 06/0112021 61,875.00 61,875.00-61,875 12/01/2021 61,875.00 61,875,00 61,875,00 61,875 06/01/2022 61,875.00 61,875.00 61,875.00 12/01/2022 61,875.00 61,875.00 61,875.00 123,760 06/01/2023 61,875.00 61,875.00 61,875.00 12/01/2023 61,875.00 61,875.00 61,875.00 123,750 06/01/2024 61,875.00 61,875.00 61,875.00 12101/2024 61,875.00 61,875.00 61,875.00 123,750 06101/2025 61,875.00 61,875.00 61,875.00 12/01/2025 61,875.00 61,875.00 61,875.00 123,750 06/01/2026 61,875.00 61,875,00 61,875.00 12/01/2026 61,875.00 61,875.00 61,875.00 123,750 06/01/2027 61,875,00 61,875.00 61,875.00 12/01/2027 5,000 61,875,00 66,875.00 66,875.00 128,750 06/01/2028 61,687.50 61,687.50 61,687.50 12/01/2028 5,000 61,687.50 66,687.50 66,687.50 128,375 06/01/2029 61,500,00 61,500.00 61,500.00 12/01/2029 5,000 61,500.00 66,500.00 66,500.00 128,000 06/01/2030 61,312.50 61,312.50 61,312.50 12/01/2030 10,000 61.312.50 71,312.50 71,312.50 132,625 06/01/2031 60,937.50 60,937.50 60,937.50 12/01/2031 5,000 60,937.50 65,937.50 65,937.50 126,875 06/01/2032 60,750.00 60,750.00 60,750.00 12/01/2032 10,000 60,750.00 70,750.00 70,750.00 131,500 06/01/2033 80,375.00 60,375,00 60,375.00 12/01/2033 15,000 60,375.00 75,375.00 75,375.00 135,750 06/01/2034 59,812.50 59,812,50 59,812.50 12/01/2034 20,000 59,812.50 79,812.50 79,812.50 139,625 06/01/2035 59,062.50 59,062.50 59,062.50 12/01/2035 20,000 59,062.50 79,062.50 79,062.50 138,125 06/01/2036 58,312.50 58,312.50 58,312.50 12/01/2036 25,000 58,312.50 83,312.50 83,312.50 141,625 06/01/2037 57,375.00 57,375.00 57,375.00 12/01/2037 25,000 57,375.00 82,375.00 82,375.00 139,750 06/01/2038 56,437.50 56,437.50 56,437.50 12/01/2038 30,000 56,437.50 86,437.50 86,437.50 142,875 06/01/2039 55,312.50 55,312.50 55,312.50 12/01/2039 30,000 55,312.50 85,312.50 85,312.50 140,625 06/0112040 54,187.50 54,187.50 54,187.50 12/01/2040 35,000 54,187.50 89,187.50 89,187.50 143,375 06/01/2041 52,875.00 52,875.00 52,875,00 12/01/2041 40,000 52,875.00 92,875.00 92,875.00 145,750 06/01/2042 51,375.00 51,375.00 51,375,00 12/01/2042 45,000 51,375.00 96,375.00 96,375.00 147,750 06/01/2043 49,687.50 49,687.50 49,687,50 12101/2043 50,000 49,687.50 99,687.50 99,687.50 149,375 06/01/2044 47,812.50 47,612.50 47,812.50 12/01/2044 55,000 47,812.50 102,812.50 102,812.50 150,625 06/01/2045 45.750.00 45,750.00 45,750.00 12/01/2045 60,000 45,750.00 105,750,00 105,750.00 151.500 06/01/2046 43,500.00 43,500,00 43,500.00 12/01/2046 195,000 43,500.00 238,500.00 238,500.00 282,000 06/01/2047 36,187.50 36.187.50 36,187.50 12/01/2047 210,000 36,187,.50 246,187.50 246,187.50 282,375 06/0112048 28,312.50 28,312.50 28,312.50 12/0112048 230,000 28,312.50 258,312.50 258,312.50 286,625 08/01/2049 19,687.50 19,687.50 19,687.50 12101/2049 250,000 19,687.50 269,687.50 269,687.50 289,375 06101 /2050 10, 312.50 10,312.50 10,312.50 12101/2050 275,000 10,312.50 285,312.50 285,312.50 295,625 1,650,000 3,171,375.00 4,821,375.00-61,875 4,759,500.00 4,759,500 Nov 9, 2012 10:22 am Prepared by D.A. Davidson & Co Quantiiaiive Group -PM (Neighbors Point MD 11:ENOV0912-20NRE2) Page 3 *Y�i Prudential November 26, 2012 Town of Firestone, Colorado Atten: Wes Lavanchy, Town Manager 151 Grant Avenue Firestone, CO 80525 Prudential Rocky Mountain, REALTORS' 275 S. Main Street, Suite 100 Longmont, CO BD501 Bus 303 772-2222 Fax 303 772-1377 requests@prudentialrockymountain.com Re: Neighbors Point Metropolitan District Service Plan Modification and Exclusion of Property Dear Mr. Lavanchy: My office was asked to project marketing and absorption figures for the real estate development project that will remain within the boundaries of the above -referenced District after the proposed exclusion of a portion of the District to occur in the next several months. 1 have based my analysis of the market and conclusions on conversations with Everett Pfeiff, the Developer of the subject property, and my familiarity with the real estate development market in Firestone, the I-25 North Corridor and vicinity over many years. A summary of projections for lot sales in the District post - exclusion is as follows: Development Projections 1. 271 single family detached homes in the development; 2. 3 lot sizes ranging from 6,000 to 8,500 square feet; 3. Home prices ranging from $225,000 to $280,000 in 2013 dollars, inflating at 2% annually thereafter; 4. Initial homes constructed beginning in 2013; 5. Last homes constructed in 2021; 6. Finished homes are reassessed biennially with a 2% inflation in value (approximately 1 % inflation annually); 7. Lots are constructed a year ahead of homes and are valued at 10% of the value of that home when completed; 8. Lots are sold and built on at the rate of 32 homes per year commencing in 2013, with 15 lots sold and built on in 2021. GtAn independently owned and operated memher of Prudential Real Estate Affiliates, Inc, Hopefully, this information meets the need of the Town of Firestone. For any additional information, I can be reached at 303-709-0158. Sincerely, (% Jerry Schlagel Broker, Prudential Rocky Mountain Realtors November 26, 2012 Board of Trustees Town of Firestone Post Office Box 100 Firestone, Colorado 80520 RE: Analysis of Development Projections Neighbors Point Metropolitan District Exclusion and Service Plan Modification Dear Town Trustees: We have reviewed the marketing and absorption projections contained within the letter from Jerry Schlaaei or Prudential Rocky Mountain Realtors and support its findings. The Development Projections also satisfactorily confirms our projections and we request that it be admitted as a part of the Neighbors Point Metropolitan District Service Plan Modification application. Please do not hesitate to call with any questions you have about this correspondence. Very truly yours, Everett Pfeiff Authorized Agent for l & J Partnership, L.P. A California limited partnership Everett Pfeiff, .Authorized Agent RESOLUTION NO.1Li__O A RESOLUTION APPROVING A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE, COLORADO AND NEIGHBORS POINT METROPOLITAN DISTRICT WHEREAS, the Town of Firestone Board of Trustees on October 7, 2004, adopted Resolution No. 04-44 approving a service plan for the Neighbors Point Metropolitan District (the "Original Service Plan"); and WHEREAS, the Town of Firestone Board of Trustees on February 27, 2013, by resolution approved the First Amendment to Service Plan for the Neighbors Point Metropolitan District (the "First Amendment to Service Plan"); the Original Service Plan and First Amendment to Service Plan are referred to collectively as the "Service Plan"; and WHEREAS, the Original Service Plan makes reference to and requires the execution of an intergovernmental agreement between the Town and the District, and the resolution approving the First Amendment to Service Plan requires the execution of a First Amendment to such intergovernmental agreement in connection with the approval of First Amendment to Service Plan; and WHEREAS, the District has forwarded to the Town a First Amendment to Intergovernmental Agreement that complies with the Service Plan, and the Town desires to approve the First 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 First Amendment to Intergovernmental Agreement By and Between the Town of Firestone, Colorado and Neighbors Point Metropolitan District (the "First Amendment") is hereby approved in essentially the same form as the copy of such First Amendment accompanying this resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the First Amendment and the Mayor is further authorized to negotiate and approve on behalf of the Town such revisions to the First Amendment as the Mayor and Town Manager determine are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the First Amendment are not altered. INTRODUCED, READ, and ADOPTED this c;�Yth day of 6' , 2013. AT?EST e cca To fn^rn ToL,+,- Clerk VOW�k 10 s 0 / ocy. ., 'o 0Z�l1l7Y, G TOWN O FI STONE, COLORADO Chad uer Mayor FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE, COLORADO AND NEIGHBORS POINT METROPOLITAN DISTRICT This FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (the "Amendment") is entered into this day of , 2013, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (the "Town'), and NEIGHBORS POINT METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado (the "District"), individually a "Party" and collectively referred to herein as the "Parties." RECITALS WHEREAS, the District and the Town previously entered into that Intergovernmental Agreement, dated January 12, 2005, detailing certain various responsibilities and duties that each Party had to the other (the "IGA"); and WHEREAS, the IGA was executed in conformance with the District's Service Plan, dated October 7, 2004, and approved by the Town on October 7, 2004, by Resolution No. 04-44 (the "Service Plan"); and WHEREAS, the District has submitted a First Amendment to the Service Plan, which the Town approved on , 20, by Resolution No. _- (as approved and as may be further amended from time to time, the "Service Plan Amendment"); and WHEREAS, the approval of the Service Plan Amendment necessitates the revision of certain provisions contained within the IGA; and WHEREAS, the Town and the District have determined it to be in the best interests of their respective taxpayers, residents and property owners to enter into this Amendment; and WHEREAS, for purposes hereof, all references to "Service Plan" are to the Service Plan as amended by the Service Plan Amendment. NOW, THEREFORE, for and in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: I. AMENDMENT OF SECTION 6 OF THE IGA. Section 6 of the IGA shall be replaced in its entirety with the following: 1 „6. ALLOCATION OF FINANCING PROCEEDS. The Parties agree, and the Town's approval of the Service Plan is expressly conditioned upon the requirement, that a total of Five Hundred and Fourteen Thousand, Six Hundred and Twenty -Nine Dollars ($514,629.00) will be allocated from the District's net bond financing proceeds to the Town's capital improvements fund, which proceeds shall be paid to the Town at the time proceeds are realized from the issuance of bonds as provided for in the Service Plan. Such allocations shall be made in the amounts and at the times set forth in Article V.c of the Service Plan, which Article is incorporated herein by reference as though set forth in full. Such allocations may be used by the Town to finance capital improvements (either within or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness i.e., streets, traffic safety controls, street lighting, water, storm drainage, park and recreation or landscaping improvements and facilities, which improvements shall be of benefit to the Town and the District and shall be specifically identified in an amendment to this Agreement, which amendment shall be fully executed prior to the issuance of any District bonds. The District acknowledges and agrees that the provisions of this Agreement and the provisions of the Service Plan for concurrent allocation of bond proceeds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of the District's Service Plan, and that the Town has relied thereon in approving the District's Service Plan. Therefore, the District agrees that it shall include in and make available from the District's bond financing proceeds such Five Hundred and Fourteen Thousand, Six Hundred and Twenty -Nine Dollars ($514,629.00) to be paid to the Town's capital improvements fund. The District further agrees that it shall not issue bonds without concurrently allocating and delivering to the Town the funds required by Article V.c of the Service Plan. The District further agrees that such delivery of bond proceeds to the Town shall be a condition of closing for each series of bonds. The District specifically agrees that the provisions of this Agreement and of the Service Plan for such concurrent allocation of bond proceeds to the Town shall run in favor of and shall be enforceable by the Town. The District represents and warrants that it has obtained all voter authorizations necessary to implement such provisions of this Agreement and the Service Plan, and that it will exercise its powers in accordance with and in furtherance of such provisions.” 2. PRIOR PROVISIONS EFFECTIVE. Except as specifically amended hereby, all the terms and provisions of the IGA shall remain in full force and effect. 3. COUNTERPART EXECUTION. This Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. [Remainder of Page Intentionally Left Blank] 2 IN WITNESS WHEREOF, the Parties have executed this Amendment on the date first above written. By the signature of its representative below, each Party affirms that it has taken all necessary action to authorize said representative to execute this Amendment. NEIGHBORS POINT METROPOLITAN DISTRICT President ATTEST: LN Secretary TOWN OF FIRESTONE By: Its: ATTEST: By: Its: TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE SERVICE PLAN FOR NP125 METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. �4=Ja-j RESOLUTION OF APPROVAL WHEREAS, pursuant to the Special District Act, there has been filed with the Town a proposed Service Plan for NP 125 Metropolitan District (the "Service Plan"); 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 of Firestone, County of Weld, State of Colorado (the "Town"), following due notice, held a public hearing on the proposed Service Plan, which hearing was held on February 12, 2014; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plan for NP125 Metropolitan District should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1- 204.5(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 NP125 Metropolitan District (the "District") and Willowood Corporation, a Colorado corporation, (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed Service Plan for NP125 Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the District and Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the proposed Service Plan pursuant to Title 32, Article 1, part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1=204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the Service Plan, the representations by and on behalf of the Developer, 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 has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e} The approval of the Service Plan is in the best interests of the District. 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) At its first meeting after the effective date of this Resolution and in no event later than sixty days after the formation election of the District, the Board of Directors of the District shall execute the Intergovernmental Agreement with the Town ("IGA") in the form set forth in Exhibit L to the Service Plan presented to the Town Board of Trustees at its February 12, 2014 hearing, or in form otherwise acceptable to the Town Attorney, and shall deliver the fully executed original of the IGA to the Town. (b) That pursuant to the Service Plan, the District will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with the processing of the Service Plan approved herein. If any of the above -stated conditions are not met, the Town may revoke its approval of the Service Plan by subsequent resolution and/or pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. The IGA referred to in Section 4(a), above, is hereby approved in essentially the same form as the copy of such IGA set forth in Exhibit L; to the Service Plan presented to the Town Board of Trustees at its February 12, 2014 hearing. The Mayor and Town Clerk are hereby authorized to execute the IGA on behalf of the Town provided the same has first been executed by the District, except that the Mayor is further authorized to negotiate and approve on behalf of the Town such revisions to the IGA as the Mayor and Town Attorney determine are necessary or desirable for the protection of the Town, so long as the essential tenns and conditions of the IGA are not altered. Section 6. That the Service Plan for NP125 Metropolitan District, as set forth in Exhibit A to this Resolution and dated January 21, 2014, 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. 2 Section 7. 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 `day of -� �1fi.G 2 , 2014. (S E A L) ATTEST: Carissa Medina Town Clerk ��FtES Tp�� TOWN m { SEA t10 '.. 0) O�N7Y. . GOB TOWN OF FIRESTONE, COLORADO Chad Auer Mayor NP125 METR4PULITAN DIS` MC`r SERVICE PLAN TOWN OF FIRESTONE, COLORADO TABLE OF CONTENTS 1. Introduction......................................................................................................... 1 II. Purpose of the Proposed District......................................................................... 4 III. Boundaries, Population & Valuation.................................................................. 5 IV. Description of Proposed Facilities..................................................................... 6 a. Type of Improvements............................................................................ 6 b. Description of Existing Conditions......................................................... 9 C. Anticipated Development....................................................................... 9 d. Public Improvement Schedule................................................................ 9 C. Town Construction Standards................................................................. 9 f. Limitation on Eminent Domain...............................................................10 g. Dedication of Improvements to the Town...............................................10 h. Ownership and Operation of Facilities by the District ............................ 12 i. Acquisition of Land for Public Improvements.........................................12 j. Services to be Provided by other Governmental Entities........................ 13 k. Integration................................................................................................13 1. Other Services..........................................................................................14 in. Subdistricts and Other Entities.................................................................14 n. Bankruptcy Limitation.............................................................................14 V. Financial Information...........................................................................................15 a. General....................................................................................................16 b. Debt Issuance..........................................................................................17 C. Required Transfers of Capital Improvement Funds to Town ..................21 d. Other Financial Restrictions, Limitations and Requirements .................. 22 C. Limited Mill Levy....................................................................................25 f. Investor Suitability................................................................................... 25 g. Refunding Bonds..................................................................................... 26 h. Construction Financing Notes Issued to Developer ................................ 27 i. Identification of District Revenue............................................................28 j. Security for Debt...................................................................................... 28 k. Services of District................................................................................... 28 1. Quinquennial Review...............................................................................29 In. Letters.......................................................................................................29 VI. Landowners' Obligations as to Public Improvements.........................................29 VII. Annual Report.................................................................................................... 30 VIII. Dissolution........................................................................................................32 IX. Consolidation.....................................................................................................33 X. Elections............................................................................................................33 XI. Indemnities.......................................................................................................... 35 XII. Disclosure and Disclaimer; No Third -Party Rights ........................................... 35 XIII. Intergovernmental Agreements...........................................................................36 XIV. Conservation Trust Fund.................................................................................... 37 XV. Modification of Service Plan.............................................................................. 37 XVI. Failure to Comply with Service Plan..................................................................39 XVII. Resolution of Approval.......................................................................................40 XVIII. Severability......................................................................................................... 40 XIX. Certification....................................................................................................... 40 LIST OF EXHIBITS Exhibit A Legal Description Exhibit B Boundary Map Exhibit C Vicinity Map Exhibit D Property Owners' Consents Exhibit E Engineering Estimates Exhibit F Location of Public Improvements Exhibit G Financing Plan Exhibit H Legal Counsel Letter Exhibit I Part I - Developer Indemnity Letter Part II - District Indemnity Letter Exhibit J Form of Disclosure Notice Exhibit K Form of Town Disclosure Statement Exhibit L Form of Intergovernmental Agreement between District and Town Exhibit M Form of Intergovernmental Agreement between Firestone Urban Renewal Authority and District Exhibit N Resolution of Town of Firestone Approving Service Plan M NP125 METROPOLITAN DISTRICT SERVICE PLAN I. INTRODUCTION The District shall be named the NP125 Metropolitan District (the "District"). This District is formed from the property comprising Filings 1, 2 & 5 of the Neighbors Point Subdivision (the "Property") after a petition for exclusion of the Property was submitted in accordance with Section 32-1-501, C.R.S. and approved by the Neighbors Point Metropolitan District at a public hearing held on November 5, 2012. This exclusion was subsequently approved by the Town of Firestone as part of the First Amendment of the Neighbors Point Metropolitan District Service Plan which modified and updated the Neighbors Point Metropolitan District Service Plan to reduce the boundaries and debt capacity and obligations as a result of the exclusion of the Property and the proposed formation of the new NP125 Metropolitan District to service this Property. The purpose of the District is to finance certain streets, traffic safety controls, street lighting, sanitary sewer, water, landscaping, storm drainage, and park and recreation improvements for developments to be known as the Neighbors Point Subdivision Filings 1, 2 and 5 ("NP125"). The developer of NP125 and the petitioner for the formation of the District is Willowood Corporation, a Colorado corporation, its affiliates, subsidiaries, successors, heirs and assigns (collectively referred to herein as the "Developer"). The District is intended to provide for the financing of public improvements for NP125, but is not intended to be a District with perpetual existence. The District will consist of approximately fifty-eight and nine hundred sixty-ninths (58.969) acres and no changes in the District's boundaries are anticipated or authorized. The District shall be dissolved when its financial obligations are paid or provided for or when the Town of Firestone, Colorado (the "Town") requests dissolution, provided then -applicable statutory requirements are met, all as further described in this Service Plan, together with all exhibits hereto (the "Service Plan"). Except as expressly provided in this Service Plan, all public improvements and facilities that are financed, constructed, installed or acquired by the District shall be dedicated and conveyed to the Town, or its designee and will be operated and maintained by the Town or its designee upon Town acceptance and completion of the District's warranty obligations. The Town may require that specific landscaping, storm drainage, and parks and recreation improvements that are dedicated and conveyed to the Town be maintained by a homeowners' association formed for the NP125 development, for the use and benefit of residents, taxpayers and property owners. The District shall not provide fire protection or emergency services, which fire protection and emergency services shall be provided by the Frederick -Firestone Area Fire Protection District, either directly or, with respect to emergency services, through contract. The District may exercise those powers of a metropolitan district set forth in §§32-1-1001 and -1004, C.R.S. only to implement the provisions of this Service Plan and only to the extent authorized by and in a manner consistent with this Service Plan. The District is generally located north of Sable Avenue between Colorado Boulevard and Birch Street. The proposed boundaries of the District are limited to those boundaries described in Exhibit A, attached hereto. This Service Plan has been prepared by the following Developer and participating consultants (the "Organizers"): Developer: Willowood Corporation ("Willowood") A Colorado corporation 720 S. Colorado Blvd. Suite 940 — North Tower Denver, Colorado 80246 (303) 399-9804 (303) 399-3631 (fax) marcus@mspcompaaies.com OA District Counsel: Dufford & Brown, P.C. David Sean O'Leary, Esq. 1700 Broadway, Suite 2100 Denver, Colorado 80290-2101 (303) 861-8013 (303) 832-3804 (fax) doleM@duffordbrown.com Financial Advisor: Stan Bernstein & Associates, Inc. Stan Bernstein 8400 East Prentice Avenue, Penthouse Greenwood Village, Colorado 80111 (303) 409-7611 (303) 594-0737 (Facsimile) stMIan@ggghlink.net Bond Counsel: Kutak Rock, LLP Kimberley Casey Reed, Esq. 1801 California Street, Suite 3100 Denver, Colorado 80202 (303) 292-7796 (303) 292-7799 (Facsimile) Kimberly Reed@,KutakRock.com E--nig neer: Robert Kelsey, P.E., LEED AP Peak Civil Consultants, Inc. 200 W. Hampden Avenue, Suite 200 Englewood, Colorado 80110 (720) 855-3859 (720) 855-3860 (Facsimile) Accountant: L. Paul Goedecke, P.C. L. Paul Goedecke 950 Wadsworth Blvd., Suite 204 Lakewood, CO 80214 (303) 232-2866 (303) 292-7799 (Facsimile) Pursuant to the requirements of the Special District Control Act, § 32-1-201, et seq., C.R.S., this Service Plan consists of a financial analysis and an engineering plan showing how the proposed facilities and services of the NP 125 Metropolitan District will be provided and financed. As required by § 31-1-202(2), C.R.S., the following items are included in this Service Plan: a. A description of the proposed services; b. A financial plan showing how the proposed services are to be financed, including all elements required by § 32-1-202(2)(b), C.R.S.; C. A preliminary engineering or architectural survey showing how the proposed services are to be provided; d. A map of the proposed District's boundaries and an estimate of the population and valuation for assessment of the proposed District; C. A general description of the facilities to be constructed and the standards for construction, including a statement of how the facility and service standards of the proposed 3 District are compatible with facility and service standards of the Town and special districts which are interested parties pursuant to § 32-1-204(1), C.R.S.; f. A general description of the estimated cost of acquiring land, engineering services, legal services, administrative services, initial proposed indebtedness and estimated proposed maximum interest rates and discounts and other major expenses related to the organization and initial operation of the District; and g. A description of any arrangement or proposed agreement with any political subdivision for the performance of any services between the proposed District and such other political subdivision and, if applicable, a form of the agreement. II. PURPOSE OF THE PROPOSED DISTRICT The District will assist with the financing of the construction of public improvements for the NP125 development, which improvements shall be constructed to Town standards, warranted by the District, and dedicated and conveyed to the Town or its designee as provided in this Service Plan, or as otherwise required by the Town. The Town may require that specific landscaping, storm drainage, and parks and recreation improvements that are dedicated and conveyed to the Town be operated and maintained by a homeowners' association formed for the NP125 development, for the use and benefit of residents, taxpayers and property owners. The public improvements shall be financed, in part, through the issuance of indebtedness as set forth in Article V, "Financial Plan." Except as specified in or pursuant to this Service Plan, the District shall not construct or own any improvements, shall not provide for any maintenance, repair or operation of any improvements, and shall not perform any services without the consent of the Town as evidenced by a resolution of approval of the Town of Firestone Board of Trustees (the "Board of Trustees"). In addition, the District will not contract with any other governmental 4 entity to receive any services which are or may become available from the Town, or to provide any services to or within any other governmental entity without the prior written consent of the Town, The District shall not provide any services or facilities within any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. The District shall dissolve when its financial obligations are paid or provided for, or otherwise upon request of the Town, subject to then -applicable statutory requirements, all as further provided in Article VIII. 111. BOUNDARIES, POPULATION & VALUATION The District consists of approximately fifty-eight and nine hundred sixty-ninths (58.969) acres located entirely within the boundaries of the Town, as more particularly set forth in the legal description attached hereto as Exhibit A and as shown on the boundary map, attached hereto as Exhibit B, and the vicinity map, attached hereto as Exhibit C. The petitioner, also the Developer of the property within the District (the "District Property"), has received the consents of the property owners to the formation of this District, which consents, for the owners of all property to be located within the District, are attached hereto as Exhibit D and incorporated herein by this reference. The NP125 Subdivision is being developed for the anticipated construction of one hundred fifty-eight (158) single-family homes. The current population of the District is zero. The population of the District at full build -out is estimated to be four hundred seventy-four (474) people subject to development approval by the Town. It is acknowledged that Town development standards and requirements may affect the foregoing numbers of anticipated homes and population. The estimated assessed value after full build -out of the project in 2016 is Four 5 Million, Eight Hundred Seventeen Thousand, Two Hundred Eighty Four Dollars ($4,817,284). The property is currently zoned PUD-RA, for various residential use categories. The current assessed value is estimated to be approximately Three Hundred Eighty Five Thousand Eight Hundred forty Dollars ($385,840) for purposes of this Service Plan. The total overlapping mill levy imposed upon the property within the proposed District for tax collection year 2014 is anticipated to be One Hundred and Nine Hundred Six Thousandths of One (100.906) mills without the District mill levies. The District shall be required to obtain written approval from the Town of a Service Plan modification prior to any inclusion or exclusion of property to or from the District, or any other change in its boundaries. Any such approval may be granted or denied by resolution of the Board of Trustees, in its discretion. Any inclusion may be on the condition that all property originally in the District remain in the District, and on such other conditions as the Town may impose. Any exclusion may be on the condition that there is no detriment to the remaining residents and taxpayers within the District, or to the District's bondholders, and on such other conditions as the Town may impose. No changes in the boundaries of the District shall be made, unless the prior written approval of the Board of Trustees has been obtained as part of a Service Plan modification, as provided herein. IV, DESCRIPTION OF PROPOSED FACILITIES a. Type of Improvements. The District will provide for the financing, construction, acquisition and installation of public improvements consisting of streets, traffic safety control, street lighting, sanitary sewer, water, landscaping, storm drainage, and park and recreation improvements and facilities (as the foregoing terms are used in § 32-1-1004(2), CKS, and the sections referenced therein) within the 6 boundaries of the District. The District is also authorized to finance park, recreation or other capital improvements of the Town that are identified by the Town and located outside of the District, as provided in Article V.c. below. With the exception of those public improvements specifically identified in Exhibit F and authorized by this Service Plan, the District shall not finance, construct, acquire or install any improvements outside the boundaries of the District unless: (1) the Town, by written determination of its Town Engineer, determines that such improvements are necessary to connect service for the District to the facilities of the Town of other entities involved in providing services to the District; and (2) such proposed improvements are approved in advance by resolution of the Board of Trustees. The property within the District will receive water service from the Town and no other source. The District may finance, design, construct and install Town water system improvements and facilities located within the boundaries of the District. However, all water systems improvements within the District shall be dedicated and conveyed to and owned by the Town upon Town acceptance and completion of the District's warranty obligations. All water rights for water service to the property shall be owned by the Town; the District shall not purchase, own, manage, adjudicate or develop any water rights or water resources. The property within the District will receive sanitary sewer service from the St. Vrain Sanitation District. The District may finance, design, construct and install sanitary sewer system improvements and facilities located within and without the boundaries of the District as approved by the Town and St. Vrain Sanitation District. However, all sanitary sewer improvements within the District shall be dedicated and conveyed to and owned by the St. Vrain Sanitation District upon acceptance and completion of the District's or its designee's warranty obligations. Y1 The Organizers of the District have prepared a preliminary engineering report based on the Town's construction standards. The table, attached hereto as Exhibit E, lists all facilities which the District, subject to development approval of the Town, will be authorized to finance, acquire, design, construct, and install, including the costs in current dollars of each, together with an explanation of the methods, basis and/or assumptions used. A letter concerning the reasonableness of the cost estimates, and of the methods, bases and assumptions used, is included in Exhibit E. Subject to the debt limit set forth in Article V of this Service Plan and the other limitations and requirements of Article V, the District will be authorized to fund any combination of the improvements from all funding sources authorized and available to the District. The combined estimated cost of the public improvements needed for the NP125 project with a portion to be financed by the District is Four Million Nine Hundred Thousand Three Hundred Twenty -Eight Dollars and One Cent ($4,900,328.01), which exceeds the estimated debt capacity of the District. Funding for improvements not funded by the District shall remain the responsibility of the Developer. The Town is not responsible for assuming any of the costs of the improvements funded by the District or necessary for service to the proposed NP125 development. A map showing the location of the public improvements to be financed by the District is attached as Exhibit F. All water and sanitary sewer improvements are anticipated to be constructed within street right-of-way, unless otherwise required by the Town. The District shall be authorized to finance, acquire, design, construct and install those types of public improvements and facilities which are authorized under this Article IV and which are generally shown on Exhibit F, subject to the specific final design and approval thereof by the Town. Phasing of construction shall be determined by the District to meet the needs of the residents and taxpayers within its boundaries; provided, however, those improvements shall be installed in 8 compliance with any phasing plan approved for the NP125 development at the request of the Developer. b. Description of Existing Conditions. The area is partially developed with a majority of the lots being permit ready or partially finished lots. C. Anticipated Develooment. The Developer anticipates total build -out to occur by 2016, with the construction, of forty- four (44) single-family residences in 2014, fifty-seven (57) single-family residences in 2015, and fifty-seven (57) single-family residences in 2016, subject to final design and development approval by the Town. It is acknowledged by the Developer that Town development standards and requirements may affect the foregoing numbers of anticipated homes and the foregoing anticipated build -out schedule. d. Public Improvement Schedule. Construction of the public improvements has begun and will continue as soon as possible following approval of the Service Plan. The public improvements will be phased to meet the development schedule, and shall be installed in compliance with any phasing plan approved by the Town for the NP125 development. C. Town Construction Standards. All proposed facilities and improvements shall be designed and constructed in accordance with the standards and specifications established by the Town and in effect from time to time, and with applicable standards and specifications of the federal government and State of Colorado. All proposed facilities and improvements shall be compatible with those of the Town. The District and its engineer have designed and shall design the facilities and improvements to meet such standards, specifications and compatibility requirements of the Town. In addition, any 9 water facilities proposed to be financed by the District and dedicated to the Central Weld County Water District shall be designed by the Central Weld County Water District, in accordance with the design standards of that District and the Town. In addition, any sanitary sewer facilities proposed to be financed by the District and dedicated to the St. Vrain Sanitation District shall be designed in accordance with the design standards of that District and the Town. The District or its Developer will obtain approval of civil engineering plans and permits for construction and installation of facilities improvements from the Town prior to the construction or installation of any facilities or improvements. The District shall be subject to all applicable provisions of the Firestone Municipal Code and to all Town rules, regulations and policies with respect to the conduct of its work on the improvements, as in effect from time to time. f. Limitation on Eminent Domain. The District shall not exercise any power of dominant eminent domain against the Town and shall not exercise any power of eminent domain without the prior written consent of the Town. No exercise of eminent domain by the District is contemplated or authorized in this Service Plan, and any proposed use thereof shall be considered a material modification of this Service Plan, and shall be subject to the TowWs prior written approval. g. Dedication of Improvements to the Town. Except as specifically set forth within Article W.h. of this Service Plan, the District shall dedicate and convey to the Town or its designee, or cause to be dedicated and conveyed to the Town or its designee, all public improvements and facilities, including, but not necessarily limited to, all streets, traffic safety controls, street lighting, sidewalks, sanitary sewer, water, landscaping, storm drainage and park and recreation improvements and facilities, as well as all rights -of -way, fee interests and easements necessary for access to and operation and maintenance of such improvements and facilities, to the extent such property interests have not been acquired by the Town through the 10 land use approval process. The District shall not operate or maintain any public improvements, except as necessary to comply with its warranty obligations hereunder. The District shall also dedicate and convey to the Town or its designee any other facilities and improvements contemplated in this Service Plan, together with necessary rights -of -way, fee interests and easements. All such improvements, facilities, easements and rights -of -way shall be conveyed to the Town or its designee immediately upon completion of construction, installation and expiration of the one (1) year warranty period that commences after the Town has issued a Conditional Acceptance as set forth below. All improvements, facilities, rights -of -way, fee interests and easements shall be conveyed and dedicated to the Town or its designee by instruments acceptable to the Town, free and clear of all liens and encumbrances, except those which are acceptable to the Town it its sole discretion. Failure to comply with the requirements of this Article IV shall be deemed to be an unauthorized material modification of this Service Plan. Once a public improvement to be dedicated to the Town is constructed and installed, the Town shall issue a "Conditional Acceptance" letter stating that the improvement has been constructed or installed in conformance with the Town's standards, or shall issue a letter stating the corrections necessary to bring the improvement into compliance with Town standards for the issuance of such a "Conditional Acceptance" letter. The District at its expense shall promptly undertake any necessary corrections. Upon issuance of the "Conditional Acceptance" letter, the public improvements shall be warranted for one (1) year from the date of such "Conditional Acceptance", during which time the District shall maintain the improvements and correct all deficiencies therein as directed by the Town At the conclusion of such one (1) year period, the Town shall issue a "Final Acceptance" letter if the public improvements conform to the Town's specifications and standards, or shall issue a letter stating the correction necessary to bring the improvement into compliance with Town standards for the issuance of such a "Final Acceptance" letter. The District at its expense shall promptly undertake any necessary corrections. A "Final Acceptance closing" shall then be arranged and held (such closing in no event to occur more than one hundred twenty (120) days after the issuance of the "Final Acceptance" letter), at which time the Town will issue a "Final Acceptance" for all public improvements to be accepted by it, and the District will execute and deliver to the Town all necessary instruments to dedicate and convey to the Town the improvements and facilities, and all necessary rights -of -way, fee interests and easements. h. Ownership and Operation of Facilities by the District. The District shall not be authorized to own or operate any improvements or facilities to be provided pursuant to this Service Plan, other than as necessary to permit the financing and construction thereof (including compliance by the District with its warranty obligations as provided in Article IV.g., above), except through approval by the Town by resolution or through an amendment to this Service Plan. Nothing herein shall limit the Town's authority to require that improvements and facilities be operated or maintained by a homeowners' association formed for the NP125 development. The District shall not own fee title to any real property i. Acquisition of Land for Public Improvements. The District shall acquire at no cost to the Town all lands or interests in land required by the Town for construction of street, traffic safety control, street lighting, sanitary sewer, water, landscaping, storm drainage, park and recreation improvements being constructed or installed by the District, Such land or interests in land may be acquired by the District by instruments of conveyance and/or plat dedication, in form and substance acceptable to -the Town. All land and interests in land shall be conveyed to the Town or its designee at no cost to the Town at such times and by such instruments of conveyance as the Town may reasonably require (but in no event shall such conveyances be made later than the "Final Acceptance closing" described in Article Mg., above), free and clear of all liens and encumbrances, except 12 those which are acceptable to the Town. Exceptions must be approved by the Town in advance and in writing. Failure to comply with this provision shall be deemed to be an unauthorized material modification of this Service Plan. j. Services to he Provided bj other Governmental Entities. The District proposes to finance, construct, acquire and install the public improvements necessary to serve the District's residents and taxpayers, but is not authorized to and shall not provide any ongoing services within the District. The District shall receive fire protection and emergency services from the Frederick -Firestone Fire Protection District, either directly or with respect to emergency services, through contract. The District shall receive sanitary sewer service from the St. Vrain Sanitation District. The District shall not provide any sanitary sewer services. The District shall obtain a resolution from the Carbon Valley Park and Recreation District consenting to the overlapping boundaries for financing purposes only. The District shall not provide ongoing park and recreation services to the District. The District shall obtain a resolution from the Central Weld County Water District consenting to the overlapping boundaries for financing purposes only. The District shall not provide ongoing water services to the District. Nothing herein shall limit or discharge the District's responsibilities for operation, maintenance and repair of public improvements prior to their acceptance by the Town and conveyance to the Town or its designee, or limit or discharge the District's warranty obligations. k. Integration. All facilities and improvements shall be constructed so as to be integrated with existing and planned facilities and improvements of the Town and other entities providing service to the NP 125 development. The District shall obtain from such other serving entities approval of the proposed plans for the facilities and improvements. The District shall provide the Town with ilk] copies of any submittals to such entities at the time of their submittal, and with copies of any approvals from such entities upon receipt. 1. Other Services, Unless such facilities and services are provided pursuant to an intergovernmental agreement with the Town, the District 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 trenching for and installation of conduit as a part of a 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. M. Subdistricts & Other Entities. No subdistricts shall be created by the District pursuant to Section 32-1-1101(1.5), C.R.S. without approval from the Town Board of Trustees by resolution. The Board of Trustees may elect to treat the organization of any such subdistrict(s) as a material modification of the Service Plan. The District shall not create any corporation to issue bonds on the District's behalf. n. Bankruptcy Limitation. Subject to federal bankruptcy law, all of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the maximum mill levy have been established under the authority of the Town to approve a Service Plan with conditions 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 14 903, 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). Any debt issued with a pledge or which results in a pledge that exceeds the maximum mill levy shall be deemed a material departure from this Service Plan pursuant to Section 32-1- 207, G.R.S., and the Town shall be entitled to all remedies available under state and local law to enjoin such actions of the District. V. FINANCIAL PLAN This Article V describes the nature, basis, method of funding and debt and mill levy limitations and other financial requirements and restrictions for the District's public improvements program and operations. Together with the Financing Plan attached hereto as Exhibit G and further described below, this Article V constitutes the financial plan for the District as required by § 32-1-202(2)(b), C.R.S. The Financing Plan, consisting of the Cash Flow Forecast and Projected Assessment Valuation, includes a summary of forecast assumptions. The Financing Plan includes estimated operations, administration costs (including estimated costs of warranty maintenance), proposed indebtedness and estimated interest rates and discounts and other major expenses related to the organization and operation of the District. The Financing Plan projects the issuance of the debt and the anticipated repayment based on the development assumptions (including market projections and absorption forecasts set forth therein) for property within the boundaries of the District. The Financing Plan demonstrates that, at the projected level of development, and with the projected Developer support, the proposed District has the ability to finance the facilities identified herein, and will be capable of discharging the proposed indebtedness on a reasonable basis. 15 a. General. The provision of improvements and facilities by the proposed District will be financed through the issuance of general obligation bonds, developer bonds, or revenue bonds (the "District Bonds"), secured by the ad valorem taxing authority of the proposed District and other District revenues including revenue received from the Firestone Urban Renewal Authority C'FURA"), limited as discussed below. The Financing Plan anticipates the issuance of one or more series of District Bonds. The term of any District Bonds issued by the District shall not exceed thirty (30) years. The combined estimated cost of the public improvements needed for the entire project with a portion to be financed by the District is Four Million Nine Hundred Thousand Three Hundred Twenty -Eight Dollars and One Cent ($4,900,328.01), which exceeds the estimated debt capacity of the District. The District has the capacity to issue District Bonds in the aggregate principal amount of approximately Three Million, One Hundred Fifty Thousand Dollars ($3,150,000). Accordingly, it is currently anticipated that the bond proceeds will be insufficient to allow for repayment of a portion of the capital infrastructure costs of the District, which will be contributed by the Developer or other sources; however, if the financing capability of the District or alternative sources of revenue are made available to the District and those changes in District revenue sources will permit additional repayment in the future (due to higher than anticipated assessed values, lower interest rates, greater sources of revenue to the District, or any other circumstance), the District may agree to repay the Developer for unreimbursed public infrastructure costs so long as the District has the capacity to make such payments without exceeding the debt limit or Mill Levy Limit provided in this Service Plan, subject to all other requirements of Article V.h., below. Payments made to the Developer by the District are expected to be made principally from Bond proceeds and shall not exceed the amount advanced or financed by the Developer for capital costs of District public improvements. The Financial Planners and Consultant's Forecasted 16 Cash Surplus Balance and Cash Receipts and Disbursements in Exhibit G do not include the above - described Developer contribution to the costs of public improvements or other alternative sources of revenue which may be used to finance capital improvement costs related to the District. In addition, to the extent additional funds or revenues other than the District's own ad valorem property tax mill levy, including revenues received from the FURA are provided or made available to the District for funding of public improvements directly or indirectly constructed, financed, or benefitting the District constituents, those revenues may be utilized for financing public improvements consistent with the provisions of this Service flan and applicable law. b. Debt Issuance. The District may issue District Bonds after formation of the District and completion and Conditional Acceptance by the Town of the public improvements required to service the property within each respective development filing within the District and the Neighbors Point Subdivision Filing Nos. 1, 2 and 5. Additional District Bonds may be issued in the future consistent with and in compliance with the Service Plan as amended, Town Code and applicable law, but not in excess of the debt limitation as authorized by the Service Plan. (i) Maximum Debt Authorization. The District intends to issue District Bonds in one or more series in the aggregate principal amount of approximately Three Million, One Hundred Fifty Thousand Dollars ($3,150,000), provided, however, that if other forms of revenue sharing, cost sharing or cost reimbursement becomes available and contributed to, by or on behalf of the District, or as a District revenue source in the future, the District shall issue debt that is financially feasible and able to be discharged pursuant to the parameters provided in this Service Plan. The aggregate principal amount of all general obligation bonds, debt and forms of borrowing by the District, throughout the District's existence and regardless of subsequent payments and discharges, shall 17 be limited to a total of Three Million Four Hundred Sixty -Five Thousand Dollars ($3,465,000) unless otherwise approved by the Town (the "debt limit"); except to the extent otherwise provided in Article V.g. with respect to refunding bonds or revenue bonds based upon revenue other than District mill levy, specific ownership taxes or funds received from the FURA and in Article V.h., with respect to construction financing notes (i.e., notes or other financial obligations, if any, issued by the District to the Developer to evidence the District's obligation to repay the Developer's advances or financing of capital improvements or for construction costs). (ii) Developer Bonds. The District shall be allowed to issue Developer Bonds after formation of the District and completion and Conditional Acceptance by the Town of the public improvements required to service property within each respective development filing within the District and the Neighbors Point Subdivision Filing Nos. 1, 2 and 5. The Developer shall be permitted to issue Developer Bonds in the form of "Draw Down Bonds" which allow for the issuance of bonds in amounts which correspond to an amount not to exceed the costs incurred to complete the public improvements needed for the phases of development for which public improvements are complete and have received Conditional Acceptance by the Town. Currently, Neighbors Point Subdivision Filings No. 1 and No. 5 are complete and Final Acceptance has been received. The Draw Down Bonds initial draw shall not exceed the costs incurred to complete the public improvements needed for Filing No. 1 and No. 5. That portion of the Bonds attributable to Filing No. 2 will not be permitted to be issued until the public improvements are constructed in accordance with the approved development plans for Filing No. 2 and have received Conditional Acceptance by the Town. Any District Bonds secured by the ad valorem taxing authority of the proposed District and other District revenues, including revenue received from the FURA may be issued in the future consistent with and in compliance with the Service Plan (as may be amended from time to time), in compliance with Town 18 Code and applicable law, but not in excess of the debt limit as authorized by this Service Plan. Developer bonds shall be subordinate to any other District secured debt. All issuance of District Bonds and all other forms of borrowing by the District, throughout the District's existence and regardless of subsequent payments and discharges, shall be limited to the debt limit provided in Section V.b. except to the extent otherwise provided in Article V.g with respect to refunding bonds and in Article V.h with respect to construction financing notes (i.e., notes or other financial obligations, if any, issued by the District to the Developer to evidence the District's obligation to repay the Developer's advances for construction, organization and formation costs). Any other Developer reimbursement notes or debt shall be subordinate to any other District bonds. Developer bonds shall be issued only to the Developer, or one of their related affiliates, successors, heirs or assigns. (iii) Revenue Bonds. Revenue bonds are bonds payable in whole or in part from revenues other than the District's property and specific ownership specific ownership taxes, including revenue received from the FURA. As the District is within the FURA, bonds which are issued by the District which are secured by the District mill levy, when passed through the FURA back to the District by means of the FURA IGA referenced below would constitute a revenue bond. As this pass through of FURA revenue is contemplated by the Town and the District to be received by the District and utilized in paying for any District Bonds, this type of revenue bond is authorized by this Service Plan and would not be considered a material modification of the Service Plan. The District shall not issue revenue bonds secured by revenues other than ad valorem property taxes, specific ownership taxes, or revenue received from the FURA without the written consent of the Town. Prior to issuing any non-FURA or non -taxed based 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 I bonds as a material modification of the Service Plan. If it is determined by the Board of Trustees that the issuance of revenue bonds, except as set forth above, 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.RS. 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. (iv). Bond Issuance. The District may issue District Bonds after formation of the District and completion and Conditional Acceptance by the Town of the public improvements required to service the property within each respective development filing within the District and the Neighbors Point Subdivision Filing Nos. 1, 2 and 5. The Developer expects that issuance of such District Bonds as provided herein would be made on the basis that there is a reasonable likelihood that projected future development will occur and will result in increased assessed valuation levels to support payment of such bonds within a 30 year period of time from the date of issuance. General obligation bonds will be issued only after such time as (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 bonds does not exceed a reasonable current interest rate using the limitations as provided in the Service Plan; (2) the structure of debt including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District; and (3) there has been completion and Conditional Acceptance by the Town of all public improvements as referenced above in Article V.b.ii. As set forth in Exhibit G, the District's Financial Planners and Consultants have indicated that issuance of certificates of occupancy and building permits are generally accepted lending criteria for special district debt, and that necessary 20 development thresholds will evidence sufficient development activity within the District to support repayment of the corresponding debt. C. Required Transfer of Capital Improvement Funds to the Town. The District will pay to the Town for deposit into the Towns capital improvement fund a total of Three Hundred Thousand, Forty -Two Dollars ($300,042.00), which shall be paid to the Town in two payments as a condition of the issuance and delivery of any District Bonds, including Developer bonds, or the issuance of any construction financing notes to the Developer. District Bonds and the corresponding transfer of capital improvement funds totaling One Hundred Ninety - Seven Thousand, Four Hundred Ninety -Six Dollars ($197,496) related to Filings No. 1 and No. 5 shall be issued by December 31, 2014. District Bonds and the corresponding transfer of capital improvement funds totaling One Hundred Two Thousand, Five Hundred Forty -Six Dollars ($102,546) related to Filing No. 2 shall be issued by December 31, 2015 (after Conditional Acceptance of construction for Filing No. 2). Notwithstanding anything in this Service Plan to the contrary, the deadline set forth for bond issuance may be extended for all periods of delay caused by events that are beyond the reasonable control of the District, including, without limitation, limited availability of materials and labor, unusually adverse weather conditions, acts of God, acts of war, acts of terrorism, lack of legal access and repayment for completion of offsite improvements for Filing No. 2, or delays in issuing approvals or permits by any Governmental Agency. Such delays will not affect the timing of transfer of capital improvements funds to the Town, which payments shall be made by the above stated deadlines. With Town approval, such contribution may alternatively be paid by the Developer to the Town but, in such case the Town and the Developer will amend the Subdivision Agreement for Neighbors Point Filing No. 1 and Filing No. 2 respectively to provide that this Town contribution shall be paid to the Town's capital improvement fund directly by the Developer and shall be used by the Town to finance improvements (whether 21 inside or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness (i.e., streets, street lighting, traffic safety controls, sanitary sewer, water, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District. The District acknowledges that the foregoing provisions for payment of this Town contribution to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of the Towns approval of this Service Plan, and the Town has relied thereon in approving this Service Plan. The District shall not issue bonds, including developer bonds, or any construction financing notes to Developer, without there having been delivered to the Town funds equivalent to the capital improvement contribution for the completed Filings; such delivery to the Town of funds concurrently with or prior to such issuance of each set of bonds shall be a condition of issuance for such District Bonds, including developer bonds, or any construction financing notes to Developer. Further, the District shall not be authorized to incur any financial obligations of any kind or perform any other functions authorized under this Service Plan until the governing body of the Distract, upon formation thereof; has executed: (1) the intergovernmental agreement provided for in Article XIII and Exhibit L, with such amendments as the parties may mutually agree, stating its agreement to comply with the provisions of this Article V.c.; and (2) the District indemnity letter provided for in Part H of Exhibit I. d. Other Financial Restrictions Limitations and Re uirements Resources 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 22 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 and other available revenue sharing, cost sharing or cost reimbursements available to the District now or in the future; provided, however, that the amount of general obligation debt (together with construction financing and developer bonds notes) actually issued by the District shall not exceed the debt limitation of Three Million, Four Hundred Sixty -Five Thousand Dollars ($3,465,000) as stated in Article V.b., above. All bonds of the District will be sold for cash. The authorized maximum voted interest rate is fifteen percent (15%) per annum and the maximum underwriting discount is four percent (4%) of bond principal. The actual interest rates and discounts, within such maximum voted amounts, will be 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. Estimated interest rates used in Exhibit G are based on information furnished by the developer. In the event bonds are issued at an interest rate higher than the estimated rates used in Exhibit G, the principal amount of bonds will be reduced so as to result in total debt service payments approximately equal to those projected in Exhibit G, and so that debt service on the bonds can be paid from the revenue sources contemplated in this Service Plan. If actual increases in District assessed valuation are less than the projected increases for those factors as shown in the Exhibit G forecasts, it is expected that the District would compensate by increasing its mill levy (subject to the Limited Mill Levy) or reducing the principal amount of the bonds issued. 23 The Developer acknowledges and accepts the risk that, if all or a part of the District Bonds proposed to be issued by the District are not issued, because of changes in financial conditions or for any other reason, the Developer may not be paid or reimbursed for the cost of public improvements or other advances to the District. No bonds issued by the District shall provide for acceleration as a remedy upon default, unless the District has received the prior written administrative approval of the Town, which approval may be granted only by the Town Manager or the Board of Trustees. Except as provided below, with respect to notes issued to the Developer for construction financing, this Service Plan authorizes only the issuance of District Bonds within the above stated limits, and subject to the provisions as to the Limited Mill Levy as set forth below. The District may be authorized to issue certificates, debentures or to enter into lease -purchase transactions, only upon approval of an amendment to this Service Plan, and such an amendment shall be considered a material modification of the Service Plan. The District is not authorized to impose any taxes other than ad valorem property taxes as provided in this Service Plan. The District may be authorized to impose such fees, user charges or taxes only upon the prior written approval of the Board of Trustees. All bonds of the District shall be structured utilizing a commercial bank with trust powers as trustee to hold the bond proceeds and debt service funds and to pursue remedies on behalf of the bondholders. Any bonds issued by the District pursuant to this Service Plan shall be in compliance with all applicable legal requirements, including without limitation § 32-1-1101{6} and article 59 of title 11, C.R.S., and shall be approved by nationally recognized bond counsel. An opinion shall also be obtained from bond counsel or counsel to the District that the bonds comply with all requirements of this Service Plan. 24 e. Limited Mill Levy. "Limited Mill Levy" shall mean an ad valorem mill levy (a mill being equal to 1/10 of $.Ol) imposed upon all taxable property in the District each year in an amount sufficient to pay the principal of, premium if any, and interest on the bonds as the same become due and payable, and to make up any deficiencies in any debt service reserve for the bonds, but, together with all other District mill levies, such mill levy shall not exceed fifty (50) mills for debt service purposes; provided, however, that in the event of changes in the ratio of actual valuation to assessed valuation for residential real property, pursuant to Article X, section 3(1)(b) of the Colorado Constitution and legislation implementing such constitutional provision, the fifty (50) mill levy limitation provided herein will be increased or decreased (as to all taxable property in the District, including both residential and commercial property) to reflect such changes so that, to the extent possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished nor enhanced as a result of such changes ("Gallagher adjustment"). Limited Mill Levy shall be an enforceable limit on all District mill levies for debt service purposes. In addition to the Limited Mill Levy applicable to all District debt service mill levies, the total District mill levy for administration, warranty maintenance and other operating expenses shall be limited to six (6.000) mills, as adjusted by the Gallagher adjustment. f. Investor Suitability. Except as provided below in this Article VI as to rated bonds, the District's bonds shall be issued only to financial institutions, institutional investors or qualified investors within the meaning of § 32-1- 1101(6)(a)(IV), § 32-1-103(6.5) and § 11-59-103(8), C.R.S. The District shall provide for and shall utilize mechanisms and procedures for transfers and exchanges of bonds which are reasonably designed to insure continuing compliance with such limitation of sales to institutional investors. If the District's bonds are rated in one of the four highest 25 investment grade rating categories by one or more nationally recognized organizations which regularly rate such obligations, compliance with the institutional investor limitation set forth above shall not be required. Developer bonds may be issued to Willowood 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 bonds, and will be issued only in compliance with the above -stated debt limit and other applicable requirements and restrictions of the Service Plan. Privately placed Developer bonds shall have no -call protection, and no -call protection shall exceed a period of five years from the date of initial issuance. g. Refunding bonds. General obligation refunding bonds may be issued by the District to defease original issue District Bonds in compliance with applicable law, but any such refunding shall not extend the maturity of the bonds being refunded nor increase the total debt service thereon and shall meet the requirements of § 32-1-1101(6)(a), C.R.S. Refunding bonds shall not be subject to the debt limit stated in Article V.b., above, provided that such refunding bonds demonstrate net present value debt service savings; but if such refunding bonds do not demonstrate net present value debt service savings, any increase in principal amount of the refunding bonds over the principal amount of bonds being refunded shall be subject to such debt limit. Any issuance of refunding bonds must comply with Article V.f., above ("Investor Suitability"). Except to the extent expressly provided in this Article V all limitations, restrictions and requirements of this Service Plan with respect to general obligation bonds of the District shall be applicable to refunding bonds, including, without limitation, Limited Mill Levy, debt limit, maximum interest rate, maximum discount, maximum term, prohibition on acceleration, bank trustee requirement 26 and opinion requirements, however, if the District's bonds are rated in one of the four highest investment grade rating categories by one or more nationally recognized organizations which regularly rate such obligations, compliance with the institutional investor limitation set forth above shall not be required. h. Construction Financing Notes Issued to Developer. The District may issue construction financing notes to the Developer to evidence the District's obligation to reimburse the Developer's advances for construction costs; any Developer advances which are not so reimbursed shall be treated as Developer contributions as described in Article V.a., above. Such notes shall be subject to the following restrictions set forth above for general obligation bonds: Limited Mill Levy, debt limitation, maximum terra, prohibition on acceleration, and opinion as to Service Plan compliance; but such notes shall not be subject to the above -stated bank trustee requirement, minimum denomination, or bond counsel opinion requirements. The repayment of construction financing notes from proceeds of an equal or lesser principal amount of the District's bonds shall not be treated as an increase in the principal amount of District debt for purposes of the debt limit under this Service Plan. Such notes shall not be general obligations of the District, shall bear no interest (see Exhibit G), shall be issued only to the Developer (and therefore shall not be subject to any underwriting discount), and shall not be transferred, assigned, participated or used as security for any borrowing. The Developer hereby represents that it is an accredited investor, as that term is defined under §§ 3(b) and (4)(2) of the federal "Securities Act of 1933" by regulation adopted thereunder by the Securities and Exchange Commission, and the Developer agrees that it will also be such an accredited investor if and when it acquires such notes. Such notes shall be paid from proceeds of the District's general obligation bonds (when and if received by the District, and subject to prior payment of amounts payable to the Town as provided in Article V.c., above); otherwise the notes will be unsecured obligations of 27 the District. To the extent that any of such notes are outstanding when the District's general obligation bonds are also outstanding, payments on the notes may be made only if such payments do not adversely affect the District's ability to pay its general obligation bonds. The Developer solely assumes the risk of nonpayment or other default on such notes, including, without limitation, delay, inability or failure of the District to sell or issue its general obligation bonds. L Identification of District Revenue, The District will impose a mill levy on all taxable property in the District as the primary source of revenue for repayment of debt service and for operations and maintenance, The mill levy imposed by the District for debt service purposes shall not exceed fifty (50.000) mills, and the mill levy for administration, warranty maintenance and other operating expenses shall not exceed six (6.000) mills, except for Gallagher adjustments permitted under Article V.e., above. Although the mill levy imposed may vary depending on the phasing of facilities anticipated to be funded, it is estimated that a mill levy of approximately fifty (50.000) mills will produce revenue sufficient to support debt service and administration, warranty maintenance and other operating expenses throughout the repayment period. j. Security for Debt. The District will not pledge any Town funds or assets for security for the indebtedness set forth in the Financing flan of the District. k. Services of District. The District will require sufficient operating funds to plan and cause the public improvements to be constructed. The costs are expected to include; organizational costs, legal, engineering, accounting and debt issuance costs, compliance with warranty obligations, compliance with state reporting and other administrative requirements. The first year's operating budget (for 2014) is estimated to be Fifty Thousand Dollars ($50,000.00). The operating budget 28 amounts shown in Exhibit G are expected to be sufficient to enable the District to comply with its warranty obligations as described in Article Mg., above. Until the District receives sufficient revenue from ad valorem taxes and other District sources, funds for District organizational costs, operations and administration will be contributed by the Developer. 1. Quinquennial Review. Pursuant to § 32-1-1101.5, C.R.S., the District shall submit application for a quinquennial finding of reasonable diligence in every fifth (5t') calendar year after the calendar year in which the District's ballot issue to incur general obligation indebtedness is approved by its electorate. Upon such application, the Board of Trustees may accept such application or hold a public hearing thereon and take such actions as are permitted by law. The District shall be responsible for payment of the Town consultant and administrative costs associated with such review, and the Town may require a deposit of the estimated costs thereof The Town shall have all powers concerning the quinquennial review as provided by statutes in effect from time to time. M. Letters, There is attached hereto as Exhibit H a letter from legal counsel for the District stating that the petition for organization of the District, this Service Plan, notice and hearing procedures in connection therewith, and provisions thereof (including without limitation provisions as to the District's bonds, fees and revenue sources) meet the requirements of titles 11 and 32, C.R.S., and other applicable law. VI. LANDOWNERS' OBLIGATIONS AS TO PUBLIC IMPROVEMENTS The creation of the District shall not relieve the Developer, the landowner or any subdivider of property within the District, or any of their respective successors or assigns, of obligations to construct public improvements for the NP125 development, of the obligation to enter into a an amendment to the Neighbors Point Filing No. 1 and Filing No. 2 Subdivision Improvement 29 Agreement respectively, for payment to the Town of the Developer's contribution to the Town as set forth in Section V.c, (if such payment is to be made by the Developer rather than the District), of obligations to provide to the Town letters of credit as required by the Town to ensure the completion of such public improvements, or of any other obligations to the Town under Town ordinances, rules, regulations or policies, or under other agreements affecting the property within the District or the NP125 development, or any other agreement between the Town and the Developer (or any such landowner, subdivider or successors or assigns). VII. ANNUAL REPORT The District shall be responsible for submitting an annual report to the Town within one hundred twenty (120) days from the conclusion of the District's fiscal year. Failure of the District to submit such report shall not constitute a material modification hereof; unless the District refuses to submit such report within thirty (30) days after a written request from the Town to do so. The District's fiscal year shall end on December 3151 of each year. The content of the annual report shall include information as to the following matters which occurred during the year: a. Boundary changes made or proposed; b. Intergovernmental Agreements entered into or proposed; C. Changes or proposed changes in the District's policies; d. Changes or proposed changes in the District's operations; e. Any changes in the financial status of the District including any issuance of financial obligations or any change in revenue projections or operating costs; f. A summary of any litigation and notices of claim involving the District; 30 g. Proposed plans for the year immediately following the year summarized in the annual report; h. Status of construction of public improvements; i. The current assessed valuation in the District; and j. A schedule of all taxes imposed and tax or other revenues received in the report year, and proposed taxes to be imposed, and identified revenues to be received in the following year and the revenues raised or proposed to be raised therefrom. The foregoing list shall not be construed to excuse the requirement for prior written Town approval of those matters that are considered material modifications of this Service Plan or for any other required Town approval. The annual report shall be signed by the President and attested by the Secretary of the District. Along with the annual report, and at any more frequent intervals as reasonably requested by the Town, the District shall provide to the Town a currently dated and written certificate, signed by the President and Secretary of the District, certifying that the District is in full compliance with this Service Plan. if the District is not in full compliance with this Service Plan, the certificate shall include a detailed statement describing such noncompliance, and the District shall cooperate fully with the Town in providing further information as to, and promptly remedying, any such noncompliance. The Town reserves the right, pursuant to § 32-1-207(3)(c), C.R.S., to request reports from the District beyond the mandatory statutory five (5) year reporting report. In addition to the foregoing, the District shall cooperate with the Town by providing prompt responses to all reasonable requests by the Town for information, and the District shall permit the Town to inspect all public improvements and facilities and all books and records of the District. 31 VIII. DISSOLUTION Promptly when all of the general obligation bonds to be issued by the District have been paid (or when provision for payment thereof has been made through establishment of an escrow as provided by § 32-1-702(3)(b), C.R.S.), the District will so notify the Town and will cooperate fully with the Town in taking all steps necessary under then applicable law to dissolve the District (including, without limitation: formulating a plan of dissolution; executing the District's consent to dissolve pursuant to § 32-1-704(3)(b), C.R.S.; making any necessary agreements as to continuation or transfer of warranty maintenance and other services, if any, which are then being provided by the District; submitting a petition for dissolution to the District Court; and, conducting any required dissolution election). In addition, at any time after the District has issued all of its general obligation bonds (excluding refunding bonds) as contemplated by the Financial Plan, upon the Town's request, the District will cooperate fully with the Town to dissolve the District pursuant to a plan for dissolution stating that there are outstanding financial obligations and providing that the District will continue in existence (with the Town Board of Trustees serving as the District Board of Directors if the Town so elects) to such extent as is necessary to adequately provide for the payment of such financial obligations, as provided in §§ 32-1-702(3)(c) and 32-1- 707(2)(c), C.R.S. Also, on or after December 31, 2020, if the District has not issued any of its general obligation bonds, the Town shall have the right to require the District to dissolve in accordance with applicable law, and the District will cooperate fully with the Town to dissolve the District. 32 To the maximum extent permitted by law, the above -stated agreements to cooperate in dissolution of the District shall be binding on the undersigned Developer and other landowners signing the Consent contained in Exhibit D to this Service Plan (together constituting the owners of one hundred percent (100%) of the land in the District) and shall also be binding on their successors in title to any and all land in the District (including the nominees for the initial Board of Directors set forth in Article X hereof and succeeding directors who own land within the District); and such agreements shall obligate all such persons to cooperate fully with the Town as described above, including without limitation, the signing of petitions, execution of consents, and voting in favor of dissolution in any required election. IX. CONSOLIDATION The District shall not file a request with the District Court to consolidate with another - district without the prior written approval of the Board of Trustees. X. ELECTIONS Following approval of this Service Plan by the Town, and after acceptance of the organizational petition and issuance of orders from the District Court, elections on the questions of organizing the District and approving bonded indebtedness and various agreements described herein, including the intergovernmental agreement between the Town and the District contemplated in Article XIII and Exhibit L hereof; will be scheduled. All elections will be conducted as provided in the court orders, the Uniform Election Code of 1992 (as amended by House Bill 93-1255 and as otherwise amended from time to time), and Article X §20 of the Colorado Constitution (the "TABOR Amendment"), and are currently planned for November 2013, but may be held on any legally permitted date. The election questions are expected to 33 include whether to organize the District, election of initial directors, and TABOR Amendment ballot issues and questions. Thus, the initial ballot may deal with the following topics (in several questions, but not necessarily using the exact divisions shown here): a. Whether to organize the District, b. Membership and terms of the initial board members, C. Approval of new taxes, d. Approval of maximum operational mill levies, C. Approval of bond and other indebtedness limits, Approval of an initial property tax revenue limit, g. Approval of an initial total revenue limit, h. Approval of an initial fiscal year spending limit, and i. Approval of a four (4) year delay in voting on ballot issues. Ballot issues may be consolidated as approved in court orders. The petitioners intend to follow both the letter and the spirit of the Special District Act, the Uniform Election Code and the TABOR Amendment during organization of the District. Future elections to comply with the TABOR Amendment may be held as determined by the elected Board of Directors of the District. The following persons, who are or will be owners of property within the District, are anticipated to be nominated for the initial board of directors of the District: Marcus Palkowitsh c/o MSP Corporation 720 S. Colorado Blvd. Suite 940 —North Tower Denver, Colorado 80246 (303) 399-9804 34 Chad Rodriguez c/o MSP Corporation 720 S. Colorado Blvd. Suite 940 — North Tower Denver, Colorado 80246 (303) 399-9804 John Will c/o MSP Corporation 720 S. Colorado Blvd. Suite 940 — North Tower Denver, Colorado 80246 (303) 399-9804 Robert R. Graft Box 82,1478 North Highway 83 Franktown, Colorado 80116 XI. INDEMNITIES Eugene Coppola 9323 Ernunedale Drive Lone Tree, Colorado 80124 The fully executed Willowood Corporation Indemnity Letter attached hereto as Part I of Exhibit I is submitted by the Developer to the Town as part of this Service Plan. The form of the District Indemnity Letter attached hereto as Part II of Exhibit I shall be executed by the District and delivered to the Town immediately upon formation of the District. The District shall not incur any financial obligations of any kind or otherwise perform any functions authorized under' this Service Plan until the District Indemnity Letter has been duly executed by the District and delivered to the Town. The execution of such Indemnity Letters are material considerations in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. XII. DISCLOSURE AND DISCLAIMER; NO THIRD -PARTY RIGHTS The District will also record a statement against the property within the District which will include notice of the existence of the District, anticipated mill levy and maximum allowed mill levy. The form of the notice is attached hereto and incorporated herein as Exhibit J, subject to any changes requested by the Town in the future. In addition, there is attached hereto as Exhibit K a form of the Town's disclaimer statement. The District shall conspicuously include this disclaimer statement, or any modified or substitute statement hereafter furnished by the 35 Town, in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, the District shall deliver the disclaimer statement to any prospective purchaser of such bonds or financial obligations). No changes shall be made to the disclosure and the disclaimer set forth in Exhibits J and K, respectively, except as directed by the Town. Neither this Service Plan, the intergovernmental agreement to be entered into between the Town and the District as described in Article XIII below, nor any other related agreements shall be construed to impose upon the Town any duties to or confer any rights against the Town upon, any bondholders, investors, lenders or other third parties. XIII. INTERGOVERNMENTAL AGREEMENTS a. Town IGA. The District shall enter into an intergovernmental agreement with the Town which shall be in substantially the form set forth in Exhibit L. The District shall execute and deliver the intergovernmental agreement to the Town immediately upon formation of the District. The District shall not incur any financial obligations of any kind of otherwise perform any functions authorized under this Service Plan until the intergovernmental agreement has been executed and delivered to the Town. The execution of such Agreement is a material consideration in the Town's approval of this Service Plan, and the Town has relied thereon in approving this Plan. No other intergovernmental agreements are proposed at this time. Any intergovernmental agreements proposed regarding the subject matter of this Service Plan shall be subject to review and approval by the Board of Trustees prior to their execution by the District. Failure of the District to obtain such approval shall constitute a material modification of this Service Plan. b. Firestone Urban Renewal Authority IGA. 36 A form of the intergovernmental agreement describing a cooperation agreement and defining the relationship between the Firestone Urban Renewal Authority and the District in relation to property tax and revenue sharing between the Firestone Urban Renewal Authority and the District's Public Improvement financing, operations and maintenance is attached hereto as Exhibit M. The District and Authority shall each approve and execute a form of this "Cooperation Agreement with the Firestone Urban Renewal Authority" substantially in the form attached as Exhibit M as soon as practical after formation of the District on the terms and conditions agreed upon by the Authority and the District. XIV. CONSERVATION TRUST FUND The District shall not apply for or claim any entitlement to funds from the Conservation Trust Fund which is derived from lottery proceeds, or other funds available from or through governmental or nonprofit entities for which the Town is eligible to apply. The District shall remit to the Town any and all conservation trust funds which it receives. XV. MODIFICATION OF SERVICE PLAN The District shall obtain the prior written approval of the Town before making any material modifications to this Service Plan. Material modifications require a Service Plan amendment and include modifications of a basic or essential nature, including, but not limited to, the following: 1. Any change in the stated purposes of the District or additions to the types of facilities, improvements or programs provided by the District; 2. Any issuance by the District of financial obligations not expressly authorized by this Service Plan, or under circumstances inconsistent with the District's financial ability to 37 discharge such obligations as shown in the build out, assessed valuation and other forecasts contained in Exhibit G, or any change in debt limit, change in revenue type (including, without limitation, the imposition of any tax other than ad valorem property tax as provided in this Service Plan) or change in maximum mill levy (except for any necessary Gallagher adjustment as provided in Article V .e above); 3. Any change in the types of improvements or change of more than fifteen percent (15%) in the estimated costs of improvements from what is stated in Exhibit E of this Service Plan; 4. Failure by the District to comply with the requirements of Article V.c. of this Service Plan or Section 6 of the intergovernmental agreement (the form of which is attached hereto as Exhibit L) concerning transfer of bond proceeds to the Town; or 5. Failure by the District to enter into the intergovernmental agreement (the form of which is attached hereto as Exhibit L) or failure to execute and deliver the District indemnity letter (the form of which is attached hereto as Exhibit I Part 11) immediately upon the District's formation as provided in Articles X and XI, respectively, of this Service Plan; 6. Failure to comply with the requirements of this Service Plan concerning the dedication of improvements or the acquisition and conveyance of lands or interests in land; 7. The failure of the District to develop any capital facility proposed in its Service Plan when necessary to service approved development within the District; 8. Any proposed use of the powers set forth in §§ 32-1-1101(1)(I) and 1101(1.5), C.R.S., respecting division of the District; 9. The occurrence of any event or condition which is defined under the Service Plan or intergovernmental agreement as necessitating a service plan amendment; 10. The default by the District under any intergovernmental agreement; 38 It. Any of the events or conditions enumerated in § 32-1-207(2), C.R.S., of the Special District Act; or 12. Any action or proposed action by the District which would interfere with or delay the planned dissolution of the District as provided in Article VIII hereof. (The examples above are only examples and are not an exclusive list of all actions which may be identified as a material modification) The District will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with any request by the District for modification of this Service Plan or administrative approval by the Town of any request hereunder. The Town may require a deposit of such estimated costs. XVI. FAILURE TO COMPLY WITH SERVICE PLAN In the event it is determined that the District has undertaken any act or omission which violates the Service Plan or constitutes a material departure from the Service Plan (including, without limitation, any material modification of the Service Plan as described in Article XV which is not duly authorized by the Town), the Town may utilize the remedies set forth in the statutes to seek to enjoin the actions of the District, or may withhold issuance of any permit, authorization, acceptance or other administrative approval for the NP125 development, or may pursue any other remedy available at law or in equity, including affirmative injunctive relief to require the District to act in accordance with the provisions of this Service Plan. The District shall pay any and all costs, including attorneys' fees, incurred by the Town in enforcing any provision of the Service Plan. To the extent permitted by law, the District hereby waives the provisions of § 32-1-207(3)(b), C.R.S. and agrees it will not rely on such provisions as a bar to the enforcement by the Town of any provisions of this Service Plan. 39 XVII. RESOLUTION OF APPROVAL The Developer and other proponents of the proposed District agree to and shall incorporate the Board of Trustees' Resolution of Approval, including any conditions on such approval, into the Service Plan presented to the appropriate district court. Such resolution shall be attached as Exhibit N. XVIII. SEVERABII-M If any portion of this Service Plan is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not cause the entire Service Plan to be terminated. Further; with respect to any portion so held invalid or unenforceable, the District and Town agree to pursue a Service Plan amendment or take such other actions as may be necessary to achieve to the greatest degree possible the intent of the affected portion. XIX. CERTIFICATION This Service Plan is submitted to the Town by the undersigned on behalf of the Developer, which is the District petitioner, and with the consent of all owners of all private property within the boundaries of the proposed District. The undersigned will cause written notice of the Town's hearing on the proposed Service Plan to be duly given to all "interested parties" within the meaning of § 32-1-204, C.R.S., and will or has caused all other required filings to be made and all other applicable procedural requirements to be met. Therefore, it is hereby respectfully requested that the Town Board of Trustees of the Town of Firestone, 40 Colorado, which has jurisdiction to approve this Service Plan by virtue of Section 32-1-204.5., et seq., as amended, adopt a resolution of approval which approves this Service Plan for the NP125 Metropolitan District as submitted. w D €fiord & Brown, P.C. By: David S. O'Leary Counsel to proponents for the NP125 Metropolitan District ` 41 a EXHIBIT A Legal Description 42 EXHIBIT A (LEGAL DESCRIPTION OF THE PROPERTY TO BE INCLUDED IN THE NP 125 METROPOLITAN DISTRICT NEIGHBORS POINT FILING NO.1 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE C" P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE SOUTH 8991'25" EAST ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 729.28 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1553 AT PAGE 439, AND THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID PARCEL OF LAND THE FOLLOWING TWO (2) COURSES: 1. NORTH 00°28'35" EAST, A DISTANCE OF 30.00 FEET; 2. NORTH 00°27'08" WEST, A DISTANCE OF 148.17 FEET; THENCE SOUTH 41015'31" EAST, A DISTANCE OF 131.53 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 218.16 FEET; THENCE NORTH 40003'27" EAST, A DISTANCE OF 117.08 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 360.54 FEET; THENCE NORTH 46°53'07" WEST, A DISTANCE OF 97.00 FEET; THENCE NORTH 49020' 17" WEST, A DISTANCE OF 119.91 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 207.40 FEET; THENCE NORTH 26°35'45" WEST, A DISTANCE OF 135.94 FEET; THENCE NORTH 03033'02" WEST, A DISTANCE OF 80.01 FEET; THENCE NORTH 88028'41" EAST, A DISTANCE OF 123.39 FEET; THENCE NORTH 17023'05" WEST, A DISTANCE OF 64.78 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 62°23'05" WEST, 28.28 FEET); THENCE NORTH 17023'05" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 27°36'55" EAST, 28.28 FEET); THENCE NORTH 17023'05" WEST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06°54'02", AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS NORTH 20°50'07" WEST, 56.93 FEET); THENCE SOUTH 59036'31" WEST, A DISTANCE OF 165.96 FEET; EXHIBIT A - CONT. THENCE SOUTH 8903232" WEST, A DISTANCE OF 166.08 FEET; THENCE NORTH 56010'26" WEST, A DISTANCE OF 56.67 FEET; THENCE NORTH 21 °02'33" WEST, A DISTANCE OF 85.79 FEET; THENCE NORTH 00042'37" WEST, A DISTANCE OF 79.57 FEET; THENCE NORTH 12°37' 10" EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 14022'29" EAST, A DISTANCE OF 90.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10032'52", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS NORTH 85011'02" WEST, 86.95 FEET); THENCE SOUTH 89032' 32" WEST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS SOUTH 44°32'42" WEST, 28.28 FEET); THENCE SOUTH 89032'17" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'20", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45°27' 18" WEST, 28.29 FEET); THENCE SOUTH 89032'32" WEST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS SOUTH 44°32'42" WEST, 22.63 FEET); THENCE NORTH 00027'08" WEST ALONG THE EAST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED UNDER RECEPTION NO. 2919358, A DISTANCE OF 1072.87 FEET; THENCE SOUTH 89°58'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 1226.32 FEET; THENCE SOUTH 00°01'57" WEST, A DISTANCE OF 113.66 FEET; THENCE SOUTH 12000'26" EAST, A DISTANCE OF 32.59 FEET; THENCE SOUTH 61 °40'38" EAST, A DISTANCE OF 6590 FEET; THENCE ALONG THE ARCH OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AMD A CENTRAL ANGLE OF 31°59'06", AN ARC DISTANCE OF 24.56 FEET (CHORD BEARS SOUTH 14°42'53" EAST, 24.24 FEET); THENCE SOUTH 47°5858" WEST, A DISTANCE OF 59.33 FEET; THENCE SOUTH 00°00'54" WEST, A DISTANCE OF 97.14 FEET; THENCE SOUTH 86037'26" EAST, A DISTANCE OF 117.46 FEET; THENCE SOUTH 17054'46" EAST, A DISTANCE OF 138.43 FEET; THENCE SOUTH 51003'37" EAST, A DISTANCE OF 26,25 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 73023'43", AN ARCH DISTANCE OF 56.62 FEET (CHORD BEARS SOUTH 11003'30" EAST, 52.79 FEET); THENCE SOUTH 28056'38" WEST, A DISTANCE OF 20.22 FEET; THENCE SOUTH 13056'45" EAST, A DISTANCE OF 142.80 FEET; EXHIBIT A -- CONT. THENCE SOUTH 31057'02" EAST, A DISTANCE OF 138.60 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 99013'46", AN ARCH DISTANCE OF 76.20 FEET (CHORD BEARS SOUTH 03-54'39" EAST, 67.03 FEET); THENCE SOUTH 23°20'16" WEST, A DISTANCE OF 39.01 FEET; THENCE SOUTH 34327'58" EAST, A DISTANCE OF 269.47 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 103°46'43", AN ARCH DISTANCE OF 79.70 FEET (CHORD BEARS SOUTH 24"46'24" EAST, 69.24 FEET); THENCE SOUTH 34011'00" EAST, A DISTANCE OF 142.04 FEET; THENCE SOUTH 37009'28" WEST, A DISTANCE OF 205.39 FEET; THENCE SOUTH 54°08'02" EAST, A DISTANCE OF 149.93 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 299.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61 "59'52", AN ARCH DISTANCE OF 425.25 FEET (CHORD BEARS SOUTH 68°25'35" WEST, 404.81 FEET); THENCE SOUTH 09"25'31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84013'26", AN ARCH DISTANCE OF 29.40 FEET (CHORD BEARS SOUTH 57°18'48" WEST, 26.82 FEET); THENCE SOUTH 15"12'05" WEST, A DISTANCE OF 58.39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043'30", AN ARCH DISTANCE OF 54.74 FEET (CHORD BEARS SOUTH 07050'20" WEST, 54.59 FEET); THENCE SOUTH 00028'35" WEST, A DISTANCE OF 25.07 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 205.00 FEET; THENCE NORTH 84058'33" EAST, A DISTANCE OF 66.81 FEET; THENCE SOUTH 08014'53" EAST, A DISTANCE OF 130.90 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 415.00 FEET AND A CENTRAL ANGLE OF 07051'49", AN ARCH DISTANCE OF 56.96 FEET (CHORD BEARS NORTH 79.29' 16" EAST, 56.91 FEET); THENCE SOUTH 13030'29" EAST, A DISTANCE OF 54.01 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 106.46 FEET; THENCE SOUTH 07021'26" WEST, A DISTANCE OF 46.14 FEET; THENCE SOUTH 12041'20" WEST, A DISTANCE OF 75.28 FEET; THENCE SOUTH 51020'12" WEST, A DISTANCE OF 55.94 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 80.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 767.35 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACTS C AND D. CONTAINING 1,225,902 SQUARE FEET OR 28.143 ACRES, MORE OR LESS. EXHIBIT A - CONT. NEIGHBORS POINT FILING NO.2 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 67°38'43" EAST, A DISTANCE OF 1303.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00028'35" EAST, A DISTANCE OF 25.07 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043'30", AN ARC DISTANCE OF 54.74 FEET (CHORD BEARS NORTH 07050'20" EAST, 54.59 FEET); THENCE NORTH 15012'05" EAST, A DISTANCE OF 58.39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84013'26", AN ARC DISTANCE OF 29.40 FEET (CHORD BEARS NORTH 57° 18'48" EAST, 26.82 FEET); THENCE NORTH 09025'31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61059'52", AN ARC DISTANCE OF 425.25 FEET (CHORD BEARS NORTH 68°25'35" EAST, 404.81 FEET); THENCE NORTH 37°25'39" EAST, A DISTANCE OF 299.69 FEET; THENCE NORTH 54°08'02" WEST, A DISTANCE OF 149.93 FEET; THENCE NORTH 37009'28" EAST, A DISTANCE OF 205.39 FEET; THENCE NORTH 46057' 17" EAST, A DISTANCE OF 121.94 FEET; THENCE NORTH 49°40'55" EAST, A DISTANCE OF 141.59 FEET; THENCE NORTH 56025'46" EAST, A DISTANCE OF 65.00 FEET; THENCE NORTH 60010'57" EAST, A DISTANCE OF 139.73 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 373.00 FEET AND A CENTRAL ANGLE OF 01 °30'42", AN ARC DISTANCE OF 9.84 FEET (CHORD BEARS SOUTH 19°20'30" EAST, 9.84 FEET); THENCE NORTH 71024'51" EAST, A DISTANCE OF 102.80 FEET; THENCE NORTH 85030'59" EAST, A DISTANCE OF 78.12 FEET; THENCE NORTH 08011'24" WEST, A DISTANCE OF 131.34 FEET; THENCE NORTH 17020'40" WEST, A DISTANCE OF 68.10 FEET; THENCE NORTH 37005'43" EAST, A DISTANCE OF 81.48 FEET; EXHIBIT A - CONT. THENCE NORTH 27°59'05" EAST, A DISTANCE OF 82.46 FEET; THENCE NORTH 11 004'44" EAST, A DISTANCE OF 53.68 FEET; THENCE NORTH 11 000'06" WEST, A DISTANCE OF 77.68 FEET; THENCE NORTH 24017'57" WEST, A DISTANCE OF 54.00 FEET; THENCE NORTH 65°42'03" EAST, A DISTANCE OF 53.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 95°21'41", AN ARC DISTANCE OF 33.29 FEET (CHORD BEARS NORTH 18.01' 13" EAST, 29.58 FEET); THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 523.00 FEET AND A CENTRAL ANGLE OF 09°56'52", AN ARC DISTANCE OF 90.80 FEET (CHORD BEARS NORTH 34038'04" WEST, 90.69 FEET); THENCE NORTH 50023'30" EAST, A DISTANCE OF 204.82 FEET; THENCE NORTH 10032'07" WEST, A DISTANCE OF 142.43 FEET; THENCE NORTH 11 °10'57" EAST, A DISTANCE OF 108.23 FEET; THENCE SOUTH 89°58'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 146.51 FEET; THENCE SOUTH 00000'54" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1356.45 FEET; THENCE NORTH 89059'06" WEST, A DISTANCE OF 179.00 FEET; THENCE NORTH 00000' 54" EAST, A DISTANCE OF 67.49 FEET; THENCE NORTH 89059'08" WEST, A DISTANCE OF 140.01 FEET; THENCE SOUTH 69033' 17" WEST, A DISTANCE OF 48.16 FEET; THENCE SOUTH 64017'20" WEST, A DISTANCE OF 126.49 FEET; THENCE SOUTH 56*51' 16" WEST, A DISTANCE OF 44.27 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 140.00 FEET; THENCE NORTH 52034'21" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 617.84 FEET; THENCE NORTH 46035' 15" WEST, A DISTANCE OF 38.04 FEET; THENCE SOUTH 43024'45" WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 46°35' 15" EAST, A DISTANCE OF 43.79 FEET; THENCE SOUTH 43024'45" WEST, A DISTANCE OF 55.95 FEET; THENCE SOUTH 55054'17" WEST, A DISTANCE OF 69.31 FEET; THENCE SOUTH 76023'49" WEST, A DISTANCE OF 72.29 FEET; THENCE SOUTH 84058' 33" WEST, A DISTANCE OF 66.81 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 205.00 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT Q. CONTAINING 665,114 SQUARE FEET OR 15.269 ACRES, MORE OR LESS. EXHIBIT A - CONT. NEIGHBORS POINT FILING No. 5 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 03°24'37" EAST, A DISTANCE OF 742.26 FEET TO THE POINT OF. BEGINNING; THENCE NORTH 00027'08" WEST, A DISTANCE OF 847.43 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS NORTH 44°32'42" EAST, 22.63 FEET); THENCE NORTH 89°32'32" EAST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'20", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45°27' 18" EAST, 28.29 FEET); THENCE NORTH 89032' 17" EAST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS NORTH 44°32'42" EAST, 28.28 FEET); THENCE NORTH 89032'32" EAST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10°32'52", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS SOUTH 85-11'02" EAST, 86.95 FEET); THENCE SOUTH 14022'29" WEST, A DISTANCE OF 90.00 FEET; THENCE SOUTH 12037' 10" WEST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°42'37" EAST, A DISTANCE OF 79.57 FEET; THENCE SOUTH 21 °02'33" EAST, A DISTANCE OF 85.79 FEET; THENCE SOUTH 56010'26" EAST, A DISTANCE OF 56.67 FEET; THENCE NORTH 89032' 32" EAST, A DISTANCE OF 166.08 FEET; THENCE NORTH 59036'31" EAST, A DISTANCE OF 165.96 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06"54'02", AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS SOUTH 20°50'07" EAST, 56.93 FEET); THENCE SOUTH 17023'05" EAST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS SOUTH 62°23'05" EAST, 28.28 FEET); THENCE SOUTH 17023'05" EAST, A DISTANCE OF 64.78 FEET; EXHIBIT A - CONT. THENCE SOUTH 88028'41" WEST, A DISTANCE OF 123.39 FEET; THENCE SOUTH 03033'02" EAST, A DISTANCE OF 80.01 FEET; THENCE SOUTH 26"35'45" EAST, A DISTANCE OF 135.94 FEET; THENCE SOUTH 40007'24" EAST, A DISTANCE OF 207.40 FEET; THENCE SOUTH 49020' 17" EAST, A DISTANCE OF 119.91 FEET; THENCE SOUTH 46053'07" EAST, A DISTANCE OF 97.00 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 360.54 FEET; THENCE SOUTH 40003'27" WEST, A DISTANCE OF 117.08 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 218.16 FEET; THENCE NORTH 41015'31" WEST, A DISTANCE OF 131.53 FEET; THENCE NORTH 00027'08" WEST, A DISTANCE OF 383.46 FEET; THENCE NORTH 56048'54" EAST, A DISTANCE OF 79.41 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 116.87 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 85007'24" WEST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 04°52'36" EAST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 23.31 FEET; THENCE SOUTH 86014'42" WEST, A DISTANCE OF 177,11 FEET; THENCE SOUTH 86031' 17" WEST, A DISTANCE OF 420.74 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT B. CONTAINING 677,644 SQUARE FEET OR 15.557 ACRES, MORE OR LESS. EXHIBIT B Boundary Map 43 EXHIBIT B N P 125 METROPOLITAN DISTRICT DISTRICT BOUNDARY II S10NLUOE EA WITHIN 4' DISTRICT IOUNDARY NORTH N.T.S. EXHIBIT C Vicinity Map 44 EXHIBIT C NP125 METROPOLITAN DISTRICT VICINITY MAP TOWN OF_/ FIRESTONE LIMITS HWY. 119 FIRESTONE BLVD. SEC. 12 v SEC. 11 N T21N BOOTH RTS NW , R68W FARMS MONARCH ESTATES FIROESTOWN WN NE SABLE AVE. LIMITS Ln SIT ST2N4 SEC. 13 R68W m R68W FIRESTONE NORTH 1°=3000' EXHIBIT D Property Owners' Consents 45 WILLOWOOD CORPORATION 720 S. Colorado Boulevard, Suite 940 — North Tower Denver, Colorado 80246 January 10, 2014 Board of Trustees Town of Firestone 151 Grant Ave. Post Office Box 100 Firestone, CO 80520 RE: Proposed NP125 Metropolitan District (the "District") To the Board of Trustees: Willowood Corporation is the owner of the property attached hereto as Exhibit A, excluding rights of way and tracts dedicated to the Town, which property comprises the Neighbors Point Subdivision Filing Nos. 1, 2 and 5 and is proposed to constitute the boundaries of the District. The purpose of this letter is to advise that the property owner consents to the orgaiai7.ation of the District WILLOWOOD CORPORATION By:r_" ...'— Ma(is alkowitsh, President STATE OF COLORADO ) n COUNTY OF A Lai VJA ) ss.) On this day of January, 2014, before me, a Notary Public, personally appeared Marcus Palkowitsh in his capacity as President of Willowood Corporation, a Colorado corporation, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same in the indicated capacity as his free act and deed. Witness my hand and seal of office. My commission expires: [ [SEAL] 11 EXHIBIT A (LEGAL DESCRIPTION OF THE PROPERTY TO BE INCLUDED IN THE NP125 METROPOLITAN DISTRIC ) NFIQIIIIORS POINT FILING NO.1 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6 *" P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION I2 TO BEAR SOUTH 8991'25" EAST; THENCE SOUTIJ 89031'25" EAST ALONG} SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 729.28 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1553 AT PAGE 439, AND THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID PARCEL OF LAND THE FOLLOWING TWO (2) COURSES: 1. NORTH 00028'35" EAST, A DISTANCE OF 30.00 FEET; 2. NORTH 00027'08" WEST, A DISTANCE OF 148.17 FEET; THENCE SOUTH 4101511" EAST, A DISTANCE OF 131.53 FEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 218.16 FEET; THENCE NORTH 40003'27" EAST, A DISTANCE OF 117.08 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 360.54 FEET; THENCE NORT14 46053'07" WEST, A DISTANCE OF 97.00 FEET; THENCE NORTH 49°20' 17" WEST, A DISTANCE OF 119.91 FEET; THENCE NORTH 40007'24" WEST, A DISTANCE OF 207.40 FEET; THENCE NORTH 26035'45" WEST, A DISTANCE OF 135.94 FEET; THENCE NORTH 03033'02" WEST, A DISTANCE OF 80.01 FEET; THENCE NORTH 88°28'41" EAST, A DISTANCE OF 123.39 FEET; THENCE NORTH 17°23'05" WEST, A DISTANCE OF 64.78 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 62°23'05" WEST, 28.28 FEET); THENCE NORTH 17°23'05" WEST, A DISTANCE OF 54.00 FEEL THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 31,42 FEET (CHORD BEARS NORTH 27°36'55" EAST, 28.28 FEET); THENCE NORT-1117023'05" WEST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06054'02", AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS NORTH 20°50'07" WEST, 56.93 FEET); THENCE SOUTH 59036'31" WEST, A DISTANCE OF 165.96 FEET; XHI I - CONT. THENCE SOUTH 89"32'32" WEST, A DISTANCE OF 166.08 FEE'1; THENCE NORTH 56010'26" WEST, A DISTANCE OF 56.67 FEET; THENCE NORTH 21"02'33" WEST, A DISTANCE OF 85.79 F EET; THENCE NORTH 00042'37" WEST, A DISTANCE OF 79.57 FEET; THENCE NORTH 12*37' I0" EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 14022'29" EAST, A DISTANCE OF 90.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFTHAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 10032'52", AN ARC DISTANCE OF 87.08 FRor (CHORD DEARS NORTH 85°11'02" WEST, 86.95 FEET);' THENCE SOUTH 89032'32" WEST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS SOUTH 44032'42" WEST, 28.28 FEET); THENCE SOUTI•l 89032' 17" WEST, A DISTANCE OF 54.00 FEE 1; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90°00'20", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 45°27' 18" WEST, 28.29 FEET); THE, SOUTH 89032'32" WEST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 25.13 FEET (CHORD BEARS SOUTH 44°32'42" WEST, 22.63 FEET); THENCE NORTH 00°27'08" WEST ALONG THE EAST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DERD RECORDED UNDER RECEPTION NO. 2919358, A DISTANCE OF 1072.87 FEET; THENCE SOUTI•I 89058'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 1226.32 FEET; THENCE SOUM 00001'57" WEST, A DISTANCE OF 113.66 FEEF; THENCE SOUTH 12°00'26" EAST, A DISTANCE OF 32.59 FEET; THENCE SOUTH 61040'38" EAST, A DISTANCE OF 65.90 FEET; THENCE ALONG THE ARCH OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AMD A CENTRAL ANGLE OF 31059'06", AN ARC DISTANCE OF 24.56 FEET (CHORD BEARS SOUTH 14042'53" EAST, 24.24 FEET); THENCE SOUTH 47°58'58" WEST, A DISTANCE OF 59.33 FEET; THENCE SOUTH 00000'54" WEST, A DISTANCE OF 97.14 FEET; THENCE SOUTH 86037'26" EAST, A DISTANCE OF 117.46 FEET; THENCE SOUTH 17054'46" EAST, A DISTANCE OF 138.43 FEET; THENCE SOUTH 51°0337" EAST, A DISTANCE OF 26.25 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL. ANGLE OF 73023'43", AN ARCH DISTANCE OF 56.62 FEET' (CHORD BEARS SOUTH 11'03-30" EAST, 52.79 FEET); THENCE SOUTH 28056'38" WEST, A DISTANCE OF 20.22 FEET; THENCE SOUTH 13056'45" EAST, A DISTANCE OF 142.80 FEET; EXHIBIT A -- ONT. THENCE SOUTH 31057'02" EAST, A DISTANCE OF 138.60 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 99-13-46", AN ARCH DISTANCE OF 76.20 FEET (CHORD BEARS SOUTH 03°54'39" EAST, 67.03 FEET); THENCE SOUTH 23020' 16" WEST, A DISTANCE OF 39.01 FEET; THENCE SOUTH 34"27'58" EAST, A DISTANCE OF 269.47 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 44.00 FEET AND A CENTRAL ANGLE OF 103046'43", AN ARCH DISTANCE OF 79.70 .F>ET (CHORD BEARS SOUTH 24°46'24" EAST, 69.24 FEET); THENCE SOUTH 34011'00" EAST, A DISTANCE OF 142.04 FEET; THENCE SOUTH 37009'28" WEST, A DISTANCE OF 205.39 FEET, THENCE SOUTH 54008'02" EAST, A DISTANCE OF 149.93 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 299.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT IiAV[NG A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61 °59'52", AN ARCH DISTANCE OF 425.25 FEET (CHORD SEARS SOUTH 68°25'35" WEST, 404.81 FEET); THENCE SOUTH 09°25'31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84°13'26", AN ARC14 DISTANCE. OF 29.40 FEET (CHORD BEARS SOUTH 57-18-48" WEST, 26.82 FEET); THENCE SOUTH 15012-05" WEST, A DISTANCE OF 58.39 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043'30", AN ARCH DISTANCE OF 54.74 FELT (CHORD BEARS SOUTH 07°50'20" WEST, 54.59 FEET); THENCE SOUTH 00028'35" WEST, A DISTANCE OF 25.07 FLEET; THENCE SOUTH 89031'25" EAST, A DISTANCE OF 205.00 FEET; THENCE NORTH 84"58'33" EAST, A DISTANCE OF 66.81 FEET; THENCE SOUTH 08014'53" CAST, A DISTANCE OF 130.90 FEET, THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 415.00 FEET AND A CENTRAL ANGLE OF 07051'49", AN ARCH DISTANCE OF 56.96 FEET (CHORD BEARS NORTI-I 79.29' 16" EAST, 56.91 FEET); 'THENCE SOUTH 13°30'29" EAST, A DISTANCE OF 54.01 FE1331; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 106.46 FEET; THENCE SOUTH 0702 ['26" WE, A DISTANCE OF 46.14 FEET; THENCE SOUT14 12*41'20" WEST, A DISTANCE OF 75.28 FEET; THENCE SOUTH 5 1020'12" WEST, A DISTANCE OF 55.94 FEET; THENCE SOUTH 00028'35" WEST, A DISTANCE OF 80.00 FEET'; THENCE NORTH 899 P25" WEST, A DISTANCE OF 767.35 FEET TO TI iE POINT OF BEGINNING, EXCLUDING TRACTS C AND D. CONTAINING 1,225,902 SQUARE FEET OR 28.143 ACRES, MORE OR LESS. EXHaRKE A -- CONT. Nr:rcirr Rs POINT FILING ft 2 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 wEsi, orrim, 6"' P.M., WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF TIIF, SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 99031'25" EAST; THENCE NORTH 67038'43" EAST, A DISTANCE OF 1303.30 FEET TO THE POINT OF BE -GINNING; THENCE NORTH 00028'35" EAST, A DISTANCE OF 25.07 FEET; THENCE ALONG THE: ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 14043'30", AN ARC DISTANCE OF 54.74 FEET (CHORD BEARS NORTH 07°50'20" EAST, 54.59 FEET); THENCE NORTH 15" 12'05" EAST, A DISTANCE OF 58.39 FEET; THENCE. AI..ONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84013'26", AN ARC DISTANCE OF 29.40 FEET (CHORD BEARS NORTH 57° 18'48" EAST, 26.82 FELT); THENCE NORTH 09°25'31" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG TFIE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 393.00 FEET AND A CENTRAL ANGLE OF 61°59'52", AN ARC DISTANCE OF 425.25 FEET (CHORD BEARS NORTH 68 D25'35" EAST, 404.81 FEET); THENCE NORTH 37025'39" EAST, A DISTANCE OF 299.69 FEET; THENCE NORTH 54008'02" WEST, A DISTANCE OF 149.93 FEET; THENCE NORTH 37009'28" EAST, A DISTANCE OF 205.39 FEET; THENCE NORTH 46057' 17" EAST, A DISTANCE OF 121.94 FEET; THENCE NORTH 49"40'55" EAST, A DISTANCE OF 141,59 FLET; THENCE NORTH 56025'46" EAST, A DISTANCE OF 65.00 FEET; THENCE NORTH 60"10'57" EAST, A DISTANCE OF 139.73 DELL; THENCE ALONG THE ARC OF A NON 'TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 373.00 FEET AND A CENTRAL ANGLE OF 01"30'42", AN ARC DISTANCE OF 9.84 FE1:1' (CHORD BEARS SOUTH 19°20'30" EAST, 9.84 FEET); THENCE NORTH 71024'51" BAST, A DISTANCE OF 102.80 FEMC; THENCE NORTH 85030'59" EAST, A DISTANCE OF 78.12 FEET; THENCE NORTH 08011'24" WEST, A DISTANCE OF 131.34 FEET'; THENCE NORTH 17°20'40" WEST, A DISTANCE OF 68.10 FELT; THENCE NORTH 37005'43" EAST, A DISTANCE OF 81.48 FEET; EXHIBIT A - CONT. THENCE NORTH 27059'05" EAST, A DISTANCE OF 82.46 FEET; THENCE NORTH 11 004'44" EAST, A DISTANCE OF 53.68 FEET; THENCE NORTH 11 000'06" WEST, A DISTANCE OF 77.68 FECI; THENCE NORTH 24017'57" WEST, A DISTANCE OF 54.00 FEET; THENCE NORTH 65042'03" EAST, A DISTANCE OF 53.69 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 95021'41", AN ARC DISTANCE OF 33.29 FEET (CHORD BEARS NORTH 18.01' 13" FAST, 29.58 FELT); THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 523.00 FEET ANI) A CENTRAL ANGLE OF 09"56'52", AN ARC DISTANCE OF 90.80 FEET (CHORD BEARS NORTH 34°38'04" WEST, 90.69 FRET); THENCE NORTH 50023' 30" EAST, A DISTANCE OF 204.82 FEET; THENCE NORTH 1092'07" WEST, A DISTANCE OF 142.43 FEET; THENCE NORTH I I °10'57" EAST, A DISTANCE OF 108.23 FEET; THENCE SOUTH 89°58'03" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 12, A DISTANCE OF 146.51 FEET; THENCE SOUTH 00000'54" WEST ALONG THE EAST LINE OF SAID SOUTRW EST QUARTER, A DISTANCE OF 1356.45 FEET; THENCE NORTH 89059'06" WEST, A DISTANCE OF 179.00 FEET'; THENCE NORTH 00000'54" EAST, A DISTANCE OF 67A9 FEET; THENCE NORTH 89059'08" WEST, A DISTANCE OF 140.01 FEET; THENCE SOUTH 69033' 17" WEST, A DISTANCE OF 48.16 FEET; 'THENCE SOUTH 64"17'20" WEST, A DISTANCE OF 126.49 FEET; THENCE SOUTH 56"51' 16" WEST, A DISTANCE OF 44.27 FEET; THENCE SOUTH 37"25'39" WEST, A DISTANCE OF 140.00 FEET; THENCE NORTH 52034'21" WEST, A DISTANCE OF 11.72 FEET; THENCE SOUTH 37025'39" WEST, A DISTANCE OF 617.84 FEET; THENCE NORTH 46035' 15" WEST, A DISTANCE OF 38.04 FEET; "THENCE SOUTH 43024'45" WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 46035' 15" EAST, A DISTANCE OF 43.79 FEET; THENCE SOUTH 43024'45" WEST, A DISTANCE OF 55.95 FEET; THENCE SOUTH 55054'17" WEST, A DISTANCE OF 69.31 FEET; THENCE SOUTH 76023'49" WEST, A DISTANCE OF 72.29 FEET; THENCE SOUTH 84"58'33" WEST, A DISTANCE OF 66.81 FEET; THENCE NORTH 89"31'25" WEST, A DISTANCE OF 205.00 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT Q. CONTAINING 665,114 SQUARE FEET OR 15.269 ACRES, MORE OR LESS. NBImlBORS POINT FILING No. 5 THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTii, RANGE 68 WEST OF THE 6"' P.M., WELD COUNTY, COL ORADO DESCRIBED AS FOLLOWS: COMMENCING A'T THE SOUTHWEST CORNER OF SAID SECTION 12 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 TO BEAR SOUTH 89031'25" EAST; THENCE NORTH 03"24'37" EAST, A DISTANCE OF 742.26 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00027'08" WEST, A DISTANCE OF 847.43 FEET; THENCE ALONG TIME ARC OF A CURVE TO THE RIGHT' HAVING A RADIUS OF 16.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 25.13.FEET (CHORD BEARS NORTH 44°32'42" EAST, 22.63 FEET); THENCE NORTH 89032'32" EAST, A DISTANCE OF 114.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90000'20", AN ARC DISTANCE OF 31.42 FEET (CHORD DEARS NORTH 45027' 18" EAST, 28.29 FEET); THENCE NORTH 89032' 17" EAST, A .DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE'I'O'1'HE RIGHT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 89059'40", AN ARC DISTANCE OF 31.41 FEET (CHORD BEARS NORTH 44032'42" EAST, 28.28 FEET); THENCE NORTI{ 89032'32" EAST, A DISTANCE OF 80.19 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FELT AND A CENTILAL ANGLE•, OF 10032'52", AN ARC DISTANCE OF 87.08 FEET (CHORD BEARS SOUTH 85" 1 I'02" EAST, 86.95 FBET); THENCE. SOUTH 14022'29" WEST, A DISTANCE OF 90.00 FEET; THENCE SOUTH 12037' 10" WEST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00042'37" FAST, A DISTANCE OF 79.57 FEET; THENCE SOUTH 21002'33" EAST, A DISTANCE OF 85.79 FEET; THENCE SOUTH 56010'26" EAST, A DISTANCE OF 56.67 FEET; THENCE NORTH 89032'32" EAST, A DISTANCE OF 166.08 FEET'; THENCE NORTH 59°36'31"EAST, ADISTANCE OF 165.96 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 473.00 FEET AND A CENTRAL ANGLE OF 06054'02"9 AN ARC DISTANCE OF 56.97 FEET (CHORD BEARS SOUTH 20-50-07" EAST, 56.93 MEET); THENCE SOUTH 17023'05" EAST, A DISTANCE OF 98.86 FEET; THENCE ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGI-1'1' HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS SOUTH 62°23'05" EAST, 28.28 FEET); THENCE SOUTH 17023'05" EAST, A DISTANCE OF 64.78 FEET; EXHIBIT A - CUNT. THENCE SOUTH 88028'41" WEST, A DISTANCE OF 123.39 FEET; THENCE SOUTH 03033'02" FAST, A DISTANCE OF 80.01 FEET; THENCE SOUTH 26035.45" EAST, A DISTANCE OF 135.94 FEET; THENCE SOUTH 40007'24" EAST, A DISTANCE OF 207.40 FELT; THENCE SOUTH 49020' 17" EAST, A DISTANCE OF 119.91 FEET; THENCE SOUTH 46053'07" EAST, A DISTANCE OF 97.00 FEET; THENCE SOUTI•I 00028'35" WEST, A DISTANCE OF 360.54 FEET; THENCE SOUTH 40003'27" WEST, A DISTANCE OF 117.08 FEET; THENCE NORTH 89*31'25" WEST, A DISTANCE OF 218.16 FEET; THENCE NORTH 41"15'31" WEST, A DISTANCE OF 131.53 FEE'I'; THENCE NORTH 00027'08" WEST, A DISTANCE OF 383.46 FEET; THENCE NORTH 56°48'54" EAST, A DISTANCE of 79.41 FEE']'; THENCE NORTH 40°07'24" WEST, A DISTANCE OF 116.87 FEET; THENCE ALONG THE ARC OP A CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 90"00'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 85°07'24" WEST, 28.28 FEET); THENCE NORTH 40°07'24" WEST, A DISTANCE OF 54.00 FEET; THENCE ALONG THE ARC OF A NUN TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEETAND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 31.42 FEET (CHORD BEARS NORTH 04°52'36" EAST, 28.28 FEET); THENCE NORTH 40007'24" WEST, A DISTANCE OF 23.31 FEET; THENCE SOUTH 86°14'42" WEST, A DISTANCE OF 177.11 FEET; THENCE SOUTH 8603 1'17" WEST, A DISTANCE OF 420.74 FEET TO THE POINT OF BEGINNING, EXCLUDING TRACT B. CONTAINING 677,644 SQUARE FEET OR 15.557 ACRES, MORE, OR LESS. EXHIBIT E Engineering Estimates 46 Pe^ak'%x Civil Consultants January 09, 2014 Town of Firestone IS Grant Street Firestone, CO 80520 RE: Proposed NP125 Metropolitan District To Whom It May Concern: 200W.HamD&nAYL Sotte 200 E4ewoa4Cotorado 80,10 Pit 720b5S.58S9 FAX-720.8553860 I, Robert Kelsey, a Registered Professional Engineer in the State of Colorado, have reviewed the NP125 Metropolitan District Public Improvements Estimate of Probable Construction Costs within the proposed NP125 Metropolitan District area as prepared by Willowood Corporation. The estimate was based upon the following assumption: 1. The quantities and cost for each item are based upon the actual costs incurred to date and bids received for the remaining work to complete. Based upon this assumption, I believe the Public Improvements Estimate of Probable Construction Costs contained within the Service Plan for NP125 Metropolitan District is reasonable for the public improvements portion of this project. Additionally, I have reviewed the exhibits of the location of public improvements within the Service Plan for the District (Streets, Storm Sewer, Sanitary Sewer, and Water Main) and believe the exhibits represent the approved design of the public improvements shown on the Final Utility Plans dated 8/18/05 (rev.) as prepared by Peak Civil Consultants, Inc. Sincerely. ,4 Robert Kelsey, P.E., LEEP O, Vice -President Peak Civil Consultants, Inc. Cc: Marcus Palkowitsb, Willowood Corporation Civ.11 Englneering and Lancl 1)eve10pnIent Services NP 125 METROPOLITAN DISTRICT PUBLIC IMPROVEMENTS Estimate of Probable Construction Costs ITEM DESCRIPTION Unit Unit Qty Unit Cost Cost Inspection Fees Agency & Gov't. Inspection Allow Est Lot 158 $ 100.00 $ 15,800.00 Subtotal Inspection Fees $ 15,800.00 Construction Permits & Fees Permits & Fees Allow Est Lot 158 $ 200.00 $ 15,800.00 Irrigation Taps & Meter Fees LS 1 $ 74,045.00 $ 74,045.00 Subtotal Construction Permits & Fees S 89,845.00 Civil Engineering As-Builts & Certs Est LS 2 $ 3,250.00 $ 6,500.00 Const. Changes Est LS 2 $ 1,000,00 $ 2,000.00 Subtotal Civil Engineering $ 8,500.00 Construction Survey Const. Survey Est LS 1 $ 119,300.00 $ 119,300.00 Additional Svcs. Est LS 2 $ 2,700.00 $ 5,400.00 Relmbursables Est LS 54 $ 15.00 $ 810.00 Open Space Allow 1 $ 5,500.00 $ 5,500.00 Certs & As Builts Est 1 $ 2,560.00 $ 2,560.00 Subtotal Construction Survey $ 133,570.00 Geotechnical Engineering Test Soils & Materia Is Est Lot 158 $ 300.32 $ 47,450.00 Pavement Design Est LS 1 $ 1,030.00 $ 1,030.00 Compliance Report Est LS 2 $ 500.00 $ 1,000.00 Reimbursable Est Lot 158 $ 3.42 $ 540.00 Subtotal Geotechnical Engineering $ 50,020.00 Clearing & Grubbing Grub, Demo Est LS 1 $ 20,000.00 $ 20,000.00 Disposal (Intl. Rmvl. Pwr. Poles on Site) Est LS 1 $ 4,718.20 $ 4,718.20 Subtotal Clearing & Grubbing $ 24,718.20 Mass Excavation & Grading Mobilization Total 1 $ 5,000.00 $ 5,000.00 Cut to Fill CY 267,432 $ 1.00 $ 267,432.00 Strip to Fill CY 73,482 $ 1.00 $ 73,482.00 Long haul C to F (Included in cut to fill) Est LS 1 $ 33,551.25 $ 33,551.25 Subtotal Mass Excavation & Grading $ 379,465.25 General Grading Grading Berms/Slope LS 1 $ 7,081.80 $ 7,081.80 Swales & Channels Est 1 $ 7,700.00 $ 7,700.00 Fine Grade pond Est 1 $ 2,000.00 $ 2,000.00 Reshape Streets Est 1 $ 6,000.00 $ 6,000.00 Grade Opn Space Est 1 $ 21,948.75 $ 21,948.75 Subtotal General Grading $ 44,730.55 NP 125 Metropolitan District Page 1 January 4, 2014 NP 125 METROPOLITAN DISTRICT PUBLIC IMPROVEMENTS Estimate of Probable Construction Costs ITEM DESCRIPTION Unit Unit Qty Unit Cost Cost Erosion Control Silt Fence Per Plan LF 10,750 $ 1.42 $ 15,280.75 Straw Bale Barriers Est 30 $ 75.00 $ 2,250.00 Inlet Protect & Silt Basin EA 13 $ 250.00 $ 3,250.00 Temp & Native Seeding Est/Acre 70 $ 714.29 $ 50,000.00 Dust Control Per Permit Est/Hrs. 200 S 91.10 $ 18,219.54 Subtotal Erosion Control $ 89,000.29 Sanitary Sewer System 8" SDR 35 W/6" UD LF 6,662 $ 25.28 $ 168,438.00 8" SDR 35 no U Drain LF 2,937 $ 24.36 $ 71,535.00 6" UD Separate Trench LF 4,098 $ 16.57 $ 67,918.50 4' SS Manholes EA 58 $ 2,154.71 $ 124,973.00 UD CO (Out of MH) EA 34 $ 476.53 $ 16,202.00 4" S5 Svc. Assembly EA 159 $ 141.23 $ 22,314.00 4" SS Svc. W/4" UD LF 6,589 $ 17.38 $ 114,525.00 Subtotal Sanitary Sewer System $ 585,905.50 Water System 8" CL200 PVC Water Line LF 8,818 $ 17.60 $ 155,218.50 12" CL200 PVC Water Line LF 2,316 $ 30.65 $ 70,992.00 12" Bends Harz EA 6 $ 576.33 $ 3,458.00 12" x 12" Tee EA 2 $ 801.00 $ 1,602.00 12" x 8" Tee EA 3 $ 991.00 $ 2,973.00 12" x 8" Reducer EA 2 $ 401.50 $ 803.00 12" x 8" X Tee EA 1 $ 1,096.00 $ 11095.00 12" Plug / Cap / W / 2" Blow Off EA 1 $ 2,625.00 $ 2,625.00 12" x 6" Swivel Tee EA 4 $ 713.00 $ 2,852.00 12" Valve & Box EA 11 $ 1,573.00 $ 17,303.00 12" Verticle Bends (Lowerings) EA 8 $ 480.00 $ 3,840.00 8" Valve & Box EA 35 $ 1,008.06 $ 35,282.00 8" x 8" Tee EA 11 $ 432.82 $ 4,761.00 8" x 8" X Tee EA 3 $ 741.00 $ 2,223.00 8" Bends Horz EA 28 $ 274.50 $ 7,686.00 8" x 6" Swivel Tee EA 13 $ 396.92 $ 5,160.00 8" x 6" Swivel Tee W/ Blind Flange EA 4 $ 483.00 $ 1,932.00 8" Plug / Cap / W/2" Blow Off EA 11 $ 1,573.64 $ 17,310.00 8" Verticle Bends (Lowerings) EA 44 $ 320.73 $ 14,112.00 FH Assembly EA 21 $ 2,885.33 $ 60,592.00 3/4" W Assm, Shc, Corp & Curb Stop EA 158 $ 295.24 $ 46,648.00 3/4" K Copper WL LF 6,359 $ 8.68 $ 55,190.00 1" Ldscp Irrig Svc, Pit / Setter by Town EA 2 $ 929.00 $ 1,858.OD 1-1/2" Ldscp Irrig Svc, Pit / Setter by Town EA 1 $ 4,821.00 $ 4,821.00 3/4" Ldscp Irrig Svc, Pit / Setter by Town EA 1 $ 857.00 $ 857.00 Subtotal Water System $ 521,194.50 NP 125 Metropolitan District Page 2 January 9, 2014 NP 125 METROPOLITAN DISTRICT PUBLIC IMPROVEMENTS Estimate of Probable Construction Costs ITEM DESCRIPTION Unit Unit Qty Unit Cost Cost Storm Sewer System 5' MH EA 13 $ 2,021.15 $ 26,275.00 6' MH EA 1 $ 17,965.00 $ 17,965.00 Typ "C" Outlet Pond #1 EA 1 $ 2,989.00 $ 2,989.00 Type D Double Outlet Pond #2 EA 1 10,834.00 $ 10,834.00 5' Typ "R" Inlet EA 5 $ 2,161.80 $ 10,809.00 10' Typ "R" Inlet EA 4 $ 4,422.00 $ 17,688.00 15' Typ "R" Inlet EA 2 $ 4,961.50 $ 9,723.00 20' Typ "R" Inlet was 10" 2 EA Add for Size EA 3 $ 3,657.33 $ 10,972.00 18" RCP LF 362 $ 27.61 $ 9,996.00 24" RCP LF 496 $ 26.45 $ 13,120.00 30" RCP LF 1,320 $ 42.34 $ 55,892.00 36" RCP LF 162 $ 70.91 $ 11,488.00 42" RCP LF 206 $ 225.23 $ 46,398.00 54" RCP LF 56 $ 195.11 $ 10,926.00 Rip Rap Type "M" _ SF 1,023 $ 3.91 $ 4,004.50 Rip Rap Type "M" (E.S. Ponds) SF 2,650 $ 3.62 $ 9,600.00 18" FES EA 6 $ 430.00 $ 2,580.00 30" FES EA 2 $ 478.50 $ 957.00 36" FES EA 2 $ 649.00 $ 1,298.00 54" FES EA 1 $ 1,851.00 $ 1,851.00 36" FES EA 2 $ 47850 $ 957.00 Subtotal Storm Sewer System $ 276,322.50 General Concrete Mobilization LS 2 $ 1,250.00 $ 2,500.00 6' Xpn & Spdrl 54' SF 4,086 $ 5.80 $ 23,698.80 30" V Curb & Gutter LF 3,485 $ 9.93 $ 34,593.00 6'-6" C-Wlk Vertical LF 925 $ 21.54 $ 19,928.00 6'-4" C-Wlk Mbtbl LF 17,910 $ 15.81 $ 283,080.00 HDCP Ramps EA 60 $ 400.00 $ 24,000.00 Curb Cuts Dry Entry EA 1 $ 400.00 $ 400.00 10'x6" Det Walk LF 2,285 $ 28.57 $ 65,288.10 8'x4" Det Walk LF 850 $ 39.48 $ 33,556.25 6'x4" Det Walk LF 300 $ 24.53 $ 7,359.00 4'x4" W/ 12" Edge LF 260 $ 18,75 $ 4,875.00 3' Trkl Pan (Fiber) LF 780 $ 13.60 $ 101608.00 2' x 8" x 5/8" Galy. Stl. Chase EA 1 $ 2,800.00 $ 2,800.00 Pavilion Pad SF 400 $ 4.00 $ 1,600.00 Bollards @ Gas Rd. LS 2 $ 250.00 $ 500.00 Mail Pads & Other Misc. Est/LS 158 $ 43.67 $ 6,900.00 Subtotal General Concrete $ 521,686.15 Pavement - Street Paving Mobilization EA 3 $ 333.33 $ 1,000.00 Balance, Shape & Prep SY 41,466 $ 1.31 $ 54,378.48 Sterilize SG SY 41,466 $ 0.15 $ 6,219,90 4" HBP on 7" ABC SY 41,466 $ 11.10 1 $ 460,141.59 NP 125 Metropolitan District Page 3 January 9, 2014 NP 125 METROPOLITAN DISTRICT PUBLIC IMPROVEMENTS Estimate of Probable Construction Costs ITEM DESCRIPTION Unit Unit Qty Unit Cost Cost 4" H B P on 10" ABC SY 2,469 $ 12.77 $ 31,529.13 5" H B P on 8" ABC SY 812 $ 16.19 $ 13,146.28 0&G Accs Rds Prep SY 667 $ 0.16 $ 103.50 0&G Am Rds Gvl SY 667 $ 2.82 $ 1,879.81 MH Adjust SS & SD EA 69 $ 355.07 $ 24,500.00 WV Adjust EA 55 $ 143.91 $ 7,915.00 80 Adjust EA 1 $ 230.00 $ 230.00 CO Adjust EA 33 $ 94.70 $ 3,125.00 Saw cut & Rmv. Existing (Birch St.) LF 920 $ 1.50 $ 1,380.00 Prep & Paving (Birch St.) SY/Est 906 $ 20.00 $ 18,120.00 Subtotal Pavement - Street Paving $ 623,668.69 Street Lights Cobra Head EA 2 $ 3,500.001 $ 7,000.00 RSL-350 EA 19 $ 2,500.00 $ 47,500.00 Subtotal Street Lights $ 54,500.00 Street Crossings Dry Utilities St Est LS 1 $ 59,238.00 $ 59,238.00 Irrg Xings St Est LS 1 $ 14,600.00 $ 14,600.00 Irrg Xings SW Est LS 1 $ 5,950.00 $ 5,950.00 Subtotal Street Crossings $ 79,789.00 Utility Relocations Lower pwr line LF 2,460 $ 27.22 $ 66,953.00 Abandon /Adjust Existing Gas LF 1,100 $ 0.68 $ 744.00 Gas line relocation LF 1,100 $ 81.16 $ 8%279.00 Subtotal Utility Relocations $ 156,976.00 Street Signs & Markings Stop & St Blades EA 21 $ 610.71 $ 12,825.00 Traffic Control Signs LS 6 $ 136.56 $ 819.33 Pavement Marking Est/LS 1 $ 5,000.00 $ 5,000.00 Inlay Wagon Wheel Crosswalk SF 1,020 $ 14.46 $ 14,750.00 Subtotal Street Signs and Markings $ 33,394.33 Traffic Control & Signage Sign & Phase Barricade Est/LS 1 $ 2,000.00 $ 2,000.00 Traffic Control Est/LS 1 $ 750.00 $ 750.00 Subtotal Traffic Control & Signage $ 2,750.00 Landscape & Irrigation Filing 1 & 5 Irrigation Sod & Beds SF 94,685 $ 0.28 $ 26,511.80 Power set meter ready EA 1 $ 4,000.00 $ 4,000.00 Blue Grass Seed 5F 94,685 $ 0.11 $ 10,415,35 Native Seed Acre 4 $ 1,610.31 $ 25,76S.00 _ Soil Prep Beds SF 8,284 $ 0.14 $ 1,200.00 NP 125 Metropolitan 01strkt Page 4 January 9, 2014 NP 125 METROPOLITAN DISTRICT PUBLIC IMPROVEMENTS Estimate of Probable Construction Costs ITEM DESCRIPTION Unit Unit Qty Unit Cost Cost Steel Edger LF 4,425 $ 1.13 $ 5,000.00 Deciduous Trees 2" EA 58 $ 398.28 $ 23,100.00 Evergreen Trees 6' EA 49 $ 480.82 $ 23,S60.00 Evergreen Shrubs 5 gal EA 143 $ 30.07 $ 4,300.00 Deciduous Shrubs 5 gal EA 112 $ 56.64 $ 6,344.00 Perennials EA 353 $ 17.56 $ 6,200.00 Subtotal Landscape & Irrigation $ 136,396.15 Structures Common Area Park Pavilion Est/LS 1 $ 12,500.00 $ 12,500.00 Subtotal Structures Common Area $ 12,500.00 Water Loop System Through Phase 4 Water Loop Extension Through Ph 4 LS 1 $ 97,857.00 $ 97,857.00 Subtotal Water Loop System Through Phase 4 $ 97,857.00 Sanitary Sewer Outfall Thru Phase 4 and Sable Glen 8" SDR 35 no U Drain LE 1,045 $ 26.37 $ 27,560.00 V SS Drop Manhole EA 1 $ 4,900.00 $ 4,900.00 anitary Sewer Outfall Thru Phase 4 and Sable Glen $ 32,460.00 Sable Ave. WCR 22, 1/2 Cost Sable Ave. WCR 22, 1/2 Cost LS 1 $ 365,525.35 $ 365,525.35 Subtotal Sable Ave. WCR 22, 1/2 Cost $ 365,S25.35 TOTAL OF ABOVE ITEMS $ 4,336,573.46 Contingency @ 10% of Total $ 433,657.35 Construction Management @ 3% of Total $ 130,097.20 TOTAL PROJECT IMPROVEMENTS $ 4,900,328.01 NP 125 Metropolitan District Page 5 January 9, 2014 EXHIBIT F Location of Public Improvements 47 EXHIBIT F NP125 METROPOLITAN DISTRICT &"%AlklT-r'Ar%%l f%r-%Alr-r% &'%%Ze%-T-r—RA STONMODE MONARCH`, ESTATES EXHIBIT F NP125 METROPOLITAN DISTRICT STORM SEWER SYSTEM SAME A%TNW (VCR W ' EXHIBIT F NP125 METROPOLITAN DISTRICT WATER SYSTEM Ll 0", -----__--- mum SABA OLON TER MAIN LOOP H UGH PHASE 4 SABLE AVDLIE (WCR 22) STEW NORTH N.T.S. ESWES EXHIBIT F NP125 METROPOLITAN DISTRICT STDRERI= /N 1\1V NORTH N.T.S. EXHIBIT G Financing Plan 48 Stan Bernstein and Associates, Inc. Financial Planners and Consultants For Local Governments, Municipal Bond Underwriters, and Real Estate Developers 8400 East Prentice Avenue, Penthouse Greenwood Village, Colorado 80111 Telephone: 303-409-7611, Cell: 303-594-0737; Email. stanplan@earthlink.net January 15, 2014 Mr. Marcus Palkowitsh Willowood Corporation 720 S. Colorado Blvd. Ste. 940N Denver, CO 80246 Sent Via Email SCOW and Limitations of En a ement We have compiled the accompanying estimate of potential bonding capacity for the proposed NP 125 Metropolitan District (`the District"). A compilation is limited to presenting information and assumptions that are those of the proponents of the District, and does not include independently verifying the accuracy of the information or assumptions. The following key assumptions have been provided by Willowood Corporation, and form the basis of the estimate of potential bonding capacity for the District. 1. A total of 158 homes with average market values in the amount of $363,000 are expected to be completed at full buildout. It is assumed that the market values of the homes will increase by a factor of 21/o as of. June 30, 2016 and by an average of 2% every year thereafter, 2. 44 homes are expected to be completed in 2014,57 homes are expected to be completed in 2015, and 57 homes are expected to be completed in 2016. 3. The debt service mill levy is expected to be 45.0 mills and will be Gallagherized (i.e., if the current 7.96% residential assessment rate decreases then the assumed 45.0 debt service mill levy will automatically increase to offset any potential loss in property tax revenues). The combined debt service and operating mill levy will be 50.0 mills. 4. The bonds will be issued as limited tax general obligation cash flow bonds and are expected to be purchased by the Developer of NP 125. 5. The bonds will bear interest at 8.0% and will be amortized not longer than 30 years after the issuance of the bonds. Mr. Marcus Palkowitsh January 15, 2014 Page ii Assumptions (continued) 6. Administrative costs such as audit, accounting, legal, and insurance are assumed to be funded from an operating (General Fund) mill levy not to exceed 5.0 mills. 7. Specific Ownership Tax revenues have been calculated based on applying a factor of 8.0% to annual property tax revenues. 8_ It is assumed that the County Treasurer's collection fee will be 1.5%property tax revenues. 9. interest earnings on accumulated funds available are assumed to average 0.25% annually. Estimate of Potential Bonding Capacity Based upon the above assumptions, the attached Exhibit I indicates a potential bonding capacity of approximately $3,150,000 once all 158 homes are completed. This estimate assumes average home value inflation of slightly less than 2% per year beginning in 2016. If the annual rate of inflation exceeds 2% per year the amount of bonds that could be supported would exceed $3,150,000; conversely if average home appreciation is less than 2% annually, it might not be possible to amortize the assumed $3,150,000 bond issue over a 30 year period. As previously stated, the estimated $3,150,000 of bonding capacity assumes cash flow bonds are purchased by the Developer of NP125. We have also identified approximately $24,000 of administrative (General Fund) property tax revenues would be generated annually at full buildout assuming a mill levy of 5.0. Mr. Marcus Palkowitsh January 15, 2014 Page iii Certification Based upon the assumptions disclosed above, which are those of the Developer and have not been independently verified or evaluated by Stan Bernstein and Associates, Inc., the District is expected to retire all debt referenced in the Financial Model, within the restrictions set forth in the Service Plan, including but not limited to the Maximum Debt Mill levy and the Maximum Debt Mill Levy Imposition Term. Disclaimer The assumptions disclosed in the Financial Model are those of the Developer and have not been independently reviewed by Stan Bernstein and Associates, Inc. Those assumptions identified are believed to be the significant factors in determining financial feasibility; however, they are likely not to be all-inclusive. There will usually be differences between forecasted and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. Key assumptions — like those relating to market values of real property improvements and the buildout schedule of such property — are particularly sensitive in terms of the timing necessary to create the tax base for the District. A small variation in these variables, and to their timing, can have a large erect on the forecasted results. There is a high probability that the forecasted results will differ from realized future tax base factors and such variations can be material. Additionally, other key assumptions relating to inflation, assessment ratios, interest rates, and infrastructure, administrative, and operating costs may, and likely will, vary from those assumed. Because Stan Bernstein and Associates, Inc. has not independently evaluated or reviewed the assumptions that the Financial Model is based upon, we do not vouch for the achievability (and disclaim any opinion) of the information presented on the accompanying Exhibit I and Schedule 1. Furthermore, because of the inherent nature of future events, which are subject to change and variation as events and circurnstances change, the actual results may vary materially from the results presented on Exhibit 1 and Schedule 1. Stan Bernstein and Associates, Inc. has no responsibility or obligation to update this information or this Financial Model for events occurring after the date of this report. Very truly Stan Bernstein (for the firm) Stan Bernstein and Associates, Inc. IDoew i MM25 METROPOLITAN DISTMCT CASH FLOW FORECASTS (COMBINED GENERAL fl W D AND DEBT SERVICE FUNDI FOR THE YEARS ENDIIG DECEMBER 31, 2014 THROUGH 2O46 KEYASSL74P770NS ASSESSED VALUATION (SCH. 1) DEBT SERVICE ?ALL LEVY AOMINISTRATNE !HILL LEVY TOTAL DISTRICT MILL LEVY INCREMENTAL RESIDENTIAL UNITS ADDED(SCH.1) CUMULATIVE RESMDEN-nAt UNITS (SCK 1) CABN FLO W REVENUES PROAERTYTAXES SPECIFIC OWNERSHIP TAXES (M 8!6 OF PROPERTY TAKES DEVELOPER OPERATING ADVANCE=NTRIMMON INTEREST EARNINGS 9 -25%OF BEGINNCVG FUNDS TOTAL REVENUES EXPENDITURES COUNTY TREASURER 1.5%COLLECTION FEE INFRASTRUCTURE EXPENDITURES ADMINISTRAT)VECOSTS (5 MILLS ZW 2016)) TOTAL EXPENDITURES FUNDS AVAILABLE FOR DEBT SERVICE I.TD TAX G.O. CASH FLOW BONDS SERIES 12MM0169 &0% 1147EREST 0 BA% PRINCtFAL REDUCTION TOTAL DEBT SERVICE LTD. TAX G.O. CASH FLOW BONDS OUTSTANDING @ 12f31 TOTAL FXPENDINCLUD. DEBT SERVICE&ADMINISTRATION EXCESS REVENUES OVER EVENDITURES BEGINNING FUND BALANCE -JANUARYI ENDING FUND BALANCE - DECEMBER 31 TOTAL LTD. TAX G.O. CASH FLOW BONDS OUTSTANDING Q12131 % OF OUTSTANDING LTD. TAX G.O. CASH FLOW BONDWASSESSED VALUATION FINAL DRAFT f Jaa-14 SNSE CONSULTANTS' LISCL41A4ER 2m 1619 2me E91Z 2= 7.4ifl 2uo_ 2m 2m 8433 Q 1.74Q.DaQ 2.WAZ92 3.74&751 4.840.082 4. ` &033 6135.033 45.000 45.WD 45.000 45.QD0 45.0W 45.OW 45.000 45000 45.000 01�4 5.600 @,m 5m &= ILM A= 0. SD.aoo 50, 5o.o00 so,ow 50 50,000 .50 coo so.Doo Z 57 9 9 2 Q a Q 2 ifl1 159 158 15$ jo 10 15P 14� "14 2013 2016 241L 2018 M-2 3?E3 a021 2 29x3 0 87,000 127,930 187,438 242,004 242.004 251,694 251.684 261,762 261.762 0 B,960 10.234 14.995 19,360 19.350 20,135 20.135 20.940 20,940 15,000 0 D 0 0 0 0 0 0 0 0 15,OD0 4 93.SBD 1n 138 49 22,918 M 281.673 m 261828 213 272,037 L 272-014 1n 2117.M A7 282867 0 I.W5 1,919 2,812 3.630 3,630 3,m 3,776 3,926 31926 0 0 0 0 0 0 0 0 0 0 15.000 17.500 J 7.5a0 IU# L4.100 24= a 1S3 26.175 15,000 11 194E 21• ` 2ZM2 2TKIC 28,944 28-944 30141 30.lo1 Q 75.155 i118,03 181.= m 233,797 = 243.D71 262 252.765 0 0 D MOM 252,00D 25ZD00 25ZODO 252,000 =000 25$000 9 Q Q 2,5Z,040 252-004 2sz000 20.E 262,000 =I= 252,000 .4 0 3,150=0 3.15M an104.040 3.151000 3.160,000 1150,0W 1159.oao 3.160,4p4 1s"000 18.805 19.41E 273555 279.03B 229,830 202.IM4 200.0 ZQ121 282,101 Q 75.14 118,933 aLm L16.157) IL 8.2031 (6,9071 M.924) m Z65 0 Q Z5-1.0 199 ,083 123AN 141293 $i 788,103 69 294 74916 2 75.15s 49d.086 12%4W 105.293 §= Z0.193 022sb4 70,010 70,� 9 4 3.150.000 31 3.1.44.400 3,150000 3159,0D0 31 3.150.000 3,160,444 R.00% 0,00% $4,03% 65,085� 0 9a $2.5S% S AM e0jr-A B0� 57,86% tn�Rn�nsdeu Qlm Rrrnn,in onJ lunadvera, Ins. t Ne�cO�bn jam! E XHIBTCI NF125 METROPOLITAN DISTRICT CASH FLOW FORECASTS (COMBINED GENERAL FUND AND DEBT SERVICE FUND) FOR THE YEARS ENDING DECEMBER 31, 2014 THROUGH ZING KEYASSUMP7TOLLS ASSESSED VALUATION (SCN_ 1) DEBT SERVICE MILL LEVY ADMINISTRATIVE MILL LEVY TOTAL DISTRICT MILL LEVY INCREMENTAL RESfl:]ENIIAL LJN ITS ADDED (SCR 1) CUMULATIVE RESIDENTIAL UNITS (SCN. 1) CASH FLOW REVENUES PROPERTYTAXES SPECIFIC OWNERSHIP TAXES @ 8%OF PROPERTY TAXES DEVELOPER OPERATING ADVANCEICONTRIBUTION INTEREST EARNINGS 0.26% OF BEGINNING FUNDS TOTAL REVENUES EXPENDITURES COUNTY TREASURER 1.5%COLLECTION FEE INFRASTRUCTURE E.)LPENCITURES ADMINISTRATIVE COSTS jSMILLSafter 2018)) TOTAL EXPENDITURES FUNDSAVARABLE FOR DEBT SERVICE LT07AXG-O. CASH FLOW BONDS SERIES 12M/2M1 B C 8.0% INTEREST (1: 8,0% PRINCIPAL REQUCTION TOTAL DEBT SERVICE LTD. TAX G.D. CASH FLAW BONDS OUTSTANDING 012131 TOTAL EXPEND LNCLVD. DE137 SERVICE 3 ADANISTRATION EXCESS REVENUES OVER EXPENDITURES BEGIIUNG FU NO BALANCE - JAHUARY 1 ENPIPM FUND BALANCE -DECE BER 31 TOTAL LTD) TAX G.O. CASH FLOW BONDS OUTSTANDING 8l?J31 % OUTSTANDING LTD. TAX G.O. CASH FLOW BONDSIA MFUED VALUATION 9m 3o2a 20i7 2m maB 2030 "1 202 5.444-435 6.444 5ZGZ212 6,§82.212 5.8.E S,W$302 QJ29,43 1E 5.369,218 46=0 46.000 45.000 45.000 46.000 48.000 41i000 4&DW 45.0W 45.000 um §.= 1= 5.000 5.000 &M fim 50�D 30�0 50.660 50.900 MOOD 50,000 69.000 §Q.440 50,000 s0mo 14$ 153 15@ im ]5fl 193 Is 15& 159 154 2 Im 24SL atz¢ m 2M Z431 2432 2m 272,222 272,222 283,i11 283.111 294.435 294,435 308.212 308.212 318.481 3M461 21.778 21.778 22.049 22,80 23,556 2U65 24.497 24.407 25.477 25.477 0 0 0 0 0 0 0 0 0 D 3u JIM L m 212 21-8 2z8 mz 343 m 294.178 294,191 30954 30&M 318,202 31@.243 350.937 2AO DAB 344,181 344.191 4,083 4,0W 4,247 4,247 4,417 4,417 4,593 4,593 4.777 4,777 0 0 0 0 0 0 0 1) 0 0 27,222 27,222 2&311 28.317 29,444 29`444 am1 ",m 2LM 3L 31,45 31,MS 32,568 32.5k9 33.NG now 35.214 ;a= 30 313, 262671 262,8N 2M397 273.4 2§4.342 264,346 M723 2DS132 XMM X 282,000 2.51.600 250,800 249.200 247,600 244,8W 242,W0 238,000 233,SW 2211,000 257•000 261.%G 270,800 289.200 2n8W ZZLM 292-0-M. 29.. 3mem 3 3.1 aa.000 3,135 3.11 3,U6+490 A,ap,= 3.= 092 2.976, 2,02OL000 2KK 44s a.ZI§ 444 209,305 292805 303.3b6 301,750 316,460 313.860 327,214 32EL214 34p 339, UZI ilm 2.lq2Z izo 1,742 4.599 am Z= 3.= 4.M 70,783 am 72 00,634 54,ng SOA01 oll 94,749 2Z.461 L4� 76.454 71,939 HQi3¢ 64,759 eO.491 91, 04.L19 97,491 101.44D IQ_8 ;J45.OD0 3.135000 1$, 1 _ 1095.000 3.080<000 3, .028.000 2,975,000 2.920.a00 2A60.000 2775.000 57.77% 55.27% 5.6 52-M 51.1IB% 4 46,5@9s 45.s5x 44.7$96 41.89% IP61014I 16 P84 'R,n llexnHea,anl lusti+Y., Ia. 1 NeiQ!,hxsAniaf Fira1 EXHIBITI NP126 METROPOLITAN DISTRICT CASH FLAW FORECASTS (COMBINED GENERAL FUNDAND DEBT SERVICE FUND) FOR THE YEARS ENEMG DECEMBER 31, 2014 THROUGH 2046 KFYASSiffAPnQAS ASSESSED VALUATION (SCH. ;) DEBT SERVICE MILL LEVY ADMINISTRATIVE MILL LEVY TOTAL DISTRICT MILL LEVY INCREMENTAL RESIDENTIAL UNITSAODEO (SCH. 1) CUMULATWE RESIDENTIAL UNITS (SCH.1) CASK PLO W REVENUES PROPERTY TAXES SPECIFIC OWNERSHIP TAXES @ 6%OF PROPERTY TAXES DEVELOPER OPERATING ADVANCEWNTRIBUTION INTEREST EARNINGS 0 ,25% OF BEGINNING FUNDS TOTAL REVENUES. ExemmuURFS COUNTY TREASURER 1.5% COLLECTION FEE INFRASTRUCTURE EXPENDITURES ADMINISTRATVE COSTS (S MILLS aftm 2015)) TOTAL EXPENDITURES FUNDS AVAILABLE FOR DEBT SERVICE LTD TAX G.O. CASH FLOW BONDS SERIFS 12li12016 9 8.C% INTEREST C 8.C% PRINCIPAL REDUCTION TOTAL DEBT SERVICE LTD. TAX 0.0. USX FLOW BONDS OUTSTANDING 012/31 TOTAL EXPEND INCLUD, DEBT SERVICE S ADMINISTRATION EXCESS REVENUES OVER EXPENDITURES BEGINNWG FUND BALANCE -JANUARY I LIKING FUND BALANCE - DECEMBER 31 TOTAL LTD. TAX G.O. CASH FLOW BONDS OUTSTAKO(NG 012A1 % OF OUTSTANDING LTD. TAX G.O. CASH FLOW BONDSASSESSED VALUATION 2834 2m 2P35 2w am 2039 200 im am am 0-W-M987 6.82307 CSW.947 6,M.W I.3S.4.`T164.5 7.451Z" 7,451.00 I,749.I213 Z.ILM 45.000 46,000 45.000 46.000 45A00 46.000 45,(00 46,000 45.000 45.000 a.aoD 5.000 5.000 5= Lm Lim 5.WQ 23 5.m 5.000 50.000 5000 5DOW 60900 6OR-m- 50.000 som 50_,m 5900 50TW0 4 4 4 D 9 9 Q Q Q A 1`1@ im 1 1.34 im 16$ 158 169 16Q 244 205 am 2w 2435 2w ER41 2442 2443 331.199 331,i99 344.447 344,447 356,225 368,226 372864 37ZS64 387,4W 387,458 M496 26.496 27.SW 27,5W 28,5W 28,655 29.SM 29.004 30.997 30,997 0 0 0 0 0 0 0 0 0 0 265 w IL8 m 344 w Ez sgx`7,JM s� 372.28 372305 297211 402M] 4Q2703 41&810 419,825 4,968 4,968 5.167 6,167 8,373 5,973 5,588 5.588 5.812 5.812 0 0 0 0 0 0 0 G 0 0 mix 33.13P 34,445 34.445 aLm sr,322W V.256 38,745 38,746 am 3 39917 39011 41ARS 41,120 42,844 42.844 44,557 44.557_ 319.872 319,06 634 .0 40 , 359,846 369_6yB 34,E 222,000 20 QQ0 317.000 214.400 1GO.000 314.400 205.400 120.0W 196,800 13OLOCC =800 186,400 165,000 WAN 174.000 170.000 344.E 160.400 ]>b = 355,400 144,800 210, 4 128,000 244.444 3m. 108,800 7S2.Q4SL 345.@� 2,080,000 355.688 2.5Uppo 352.488 2.46MOOO 2=1 2 368.411 2175000 382.59s 8DQ5mm 3)1-196 1.61L4w lgoo.opo 3. 412667 1100,D00 413.357 2.872 0422 8278 :I= t_eo4 4.018 4.448 8.069 L= 5.468 10$008 tG6A 114, 12am ]26,631 131.ts4 1.31,134 133-160 137,597 442.656 142,556 146906 74&906 115A 14E980 26K13 11 2 i20.898 2,480,000 126.531 2,33D.M 1�75A00 133110 2.W5.00o 137, a1.1aM 1eoo �ooa 1,10& o 40,46% 37 35,71% 32.62% 30-w-% 26,91% 242SL% 29.8696 17,56% 13,66% znawl4l1M PH4 0.nn ] N.AZbt-dWil _F el E7011BR I NF125 MrrROPOLTTAN DISTRICT GASH FLAW FORECASTS (COMBINED GENERAL FUND AND DEBT SERVICE FUND) FOR THE YEARS EZMG DECEMBE+R 31, 2014 THROUGH 2046 KEYASSFlMP7lONS 20" i _M46 7D?ALS ASSESSED VALUATION (SCH.1) 8.069.41 8,059,093 8381 8,381,4S7 DEST SERVICE MILL LEW 48.400 45,000 45.000 ADMSNLSTRArVE MILL LEVY 5.445 TOTAL DISTRICT MILL LEVY 50000 INCREMENTAL RESIDENTIAL UNITS ADDEO (SCH. 1) Q 0 ¢ it CUMULATIVE RESIDENTIAL UNITS (SCH.1) ] $ $ 1_58 CASli FLD W RFVr;NUJ.S 20" 2w JOTALS PROPERTY TAXES 4OZ&% 40ZM 419,073 9,874,876 SPECIFIC OWNERSHIP TAXES a8%OFPROPERTY TAKES 32=6 92236 33,528 773,89D DEVELOPER OPERATING ADVANCE!CONTRIBUTION 0 0 0 15,000 INTEREST EARNINGS (9 25% OF BEONKING FUNDS m _4.a Au AM TOTAL REVENUES 435,577 435SB3 453.012 JC4724M EXPEND COUNTY TREASURER 1.6% COLLECTION FEE 044 0,044 %289 145,123 INFRASTRUCTUREEXPENDITURiS 0 0 0 0 AOMWISTRATIVE COSTS (5 MILLS a0er 2016)) #0.295 4a.2 41907 095.9" TOTAL EXPENDITU RES 4 8,340 448193 1L�15 FUNDS AVAILABLE FOR DEBT SERVICE 369.237 389.253 4Q4,819 0,321, LTD TAX O.O. CASH FLOW BONDS SERIES IZ1172016 Q 8.0% INTERESTO8.0% 98.000 64.AOO 38.000 S,i34,B0D PRSNCIPAL REDUCTION 29S.044 320, 488.00A 3.150.0X1 TOTAL DEBT SERVICE 381000384.400 5 3 LTC. TAX O.O, CASH FLOW BONDS OLrWANMG 1i131 eOQQ A Q¢Q 0 TOTAL AID WCLUD. DEBT SERVICE & ADMNT91 Y10N 42&30 4$0.740 azi,90 10.425,918 EXCESS REVENUES OVER EXPENDITURES 92M 4463 018,981) 45.4ffi`I BEGINNING FUND BALANCE - JANUARY 1 154.3M 180.613 30 Q ENMNO FUND BALANCE. 0EC17d9ER 31 180.818 185.4Bfl 48,4,85 46.485 TOTAL LTD. TAX G.O. CASH PLOW BONDS OUTSTANDING 0IN3i 7105.000 d85 006 0 ¢ % OUTSTANDING LTD. TAX G.O. CASH FLOW BONOWASSES5ED VALUATION Uft Lm A 0�0' timW411d FM oan Re 6e end Aw,dA"Im t 1.�,16Fh.ni'„In�,jm4d G a a"OI W1 00 clog 0101 00Gad ld mn 1 b b 00"01 ^I 0a"Of OIOI 0OOI Cf 011 W m O�OI KII OONO1FfPJ� tl����j r� cpq+ NN 001 (y Y O� OI hl o� 4N O�OI gm $ O EOl�f;,f 0 jv�,'j1 N O a W m 01 01 o� m m de N m E7CpiY Ilf�} m 07 ' N n Dodd of vo vl Plo ag 00 a101 o��0 aio P OOf 01 01 00 01a1 dal Of o0010101PI01a1 ma d O O O CCCC1111 P 11Op� �pOV mAP 5 o � � o a 7 4[l 4[/ Qa`n LO[yy (Np �mf7 C1 d I j r S azo E g U m n t a r m fY ro m fY p N rN � C W�F H O N N C a m S � c � A ao � m p m � tl r S g pE S y `� ■ m e so tl ey] eMy iq�H �Lw ioi L Is 9 m EXHIBIT H Legal Counsel Letter 49 January 21, 2014 DUFFORD 4'BROWN ATTORNEYS AT LAW doleary@duffodbro,iyn.com Town of Firestone Firestone Town Hall 151 Grant Avenue, P.O. Box 100 Firestone, Colorado 80520 Re: Organization of NPI25 Metropolitan District This firm has acted as counsel to Petitioners in connection with the organization and submittal of the Service Plan for NP 125 Metropolitan District (the "District"). Pursuant to the requirements of Section V.m. of the Service Plan for the District, this letter confirms that the petition for organization of the District filed with the Town on January 21, 2014, the Service Plan for the District, to he approved by the Town on February 12, 2014, and the notice, hearing and other procedures in connection with the approval of the Service Plan, have met the requirements of the Special District Act, Section 32-1-101, et seq., C.R.S., and that the provisions of the Service Plan, as amended, including, without limitation, provisions as to the structure and terms of the District's bonds, fees and revenue sources, are consistent with applicable provisions of title 11 and 32, C.R.S., and other applicable law. Please be advised, however, that this firm has not been engaged as bond counsel to the District, nor will this firm serve as bond counsel at any time for the District. This letter does not purport to offer any opinion of the type customarily required to be given by bond counsel with regard to any bond transaction of the District. This letter is limited to the use of the addressee as set forth above, and may not be relied upon by other parties or in connection with any future sale, resale or transfer of bonds and may be relied upon only as stated herein. This letter may not be used, quoted or referred to, in whole or in part, for any other purpose without the prior, written consent of the firm. Very truly yours, UFFORD & BROWN, P.C. F David S. O'Leary Por the Firm--rz�..t.-::_. Enclosures 1700Broadway / Suite2100 / Denver, CoSM90-2101 / Phone303.86IS013 / Fax303.832.3804 / wwwduffordbrown.com EXHIBIT I Part I - Developer Indemnity Letter So EXHIBIT I Part I - Developer Indemnity Letter Town of Firestone 151 Grant Avenue Firestone, CO 80520 RE: NPI25 Metropolitan District To the 'town Board of `trustees: This Indemnification Letter (the "Letter") is delivered by the undersigned Willowood Corporation, a Colorado corporation, (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 NP125 Metropolitan District (the "District"). 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 Poisons") in any manner related to or connected with the adoption of a Resolution of Approval regarding the 'Gown's approval of the District's 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 costs and expenses (including reasonable attorneys' fees and expenses and court costs) resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any property owner or other person which directly or indirectly or purportedly arise out of or are in any manner related to or connected with the Town's approval 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 tile District or any offering documents or other disclosures made in connection therewith. Developer further agrees to investigate, handle, respond to and provide defense for and defend against, as well as provide defense counsel reasonably chosen by the Developer and pay the attorneys' fees and expenses for such counsel. The Town will cooperate in the defense of any such claims, demands, suits, actions or other proceedings. 2. This Letter has been duly authorized and executed on behalf of Developer. Very truly yours, Willowood Corporation A Colorado corporation By: Title: arc Pal owitsh, President EXHIBIT I Part II - District Indemnity Letter 51 EXHIBIT I Part II - District Indemnity Letter (date — date of organizational meeting} Town of Firestone 151 Grant Avenue Firestone, CO 80520 RE: NP125 Metropolitan District To the Town Board of Trustees: This Indemnification Letter (the "Letter") is delivered by the NP125 Metropolitan District (the "District") in order to comply with the Service Plan, including all amendments heretofore or hereafter made thereto (the "Service Plan") for the District. The District, for and on behalf of itself and its transferees, successors and assigns, hereby covenants and agrees to and for the benefit of the Town (the "Town") as follows: 1. The District hereby waives and releases any present or future claims it might have against the Town or the Town's elected or appointed officers, employees, agents, contractors or insurers (the "Released Persons") in any manner related to or connected with the adoption of a Resolution of Approval of the Town of the District's Service Plan or any action or omission with respect thereto. To the fullest extent permitted by law, the District hereby agrees to indemnify and hold harmless the Released Persons from and against any and all liabilities costs and expenses (including reasonable attorneys' fees and expenses and court costs) resulting from any and all claims, demands, suits, actions or other proceedings of whatsoever kind or nature made or brought by any property owner or other person which directly or indirectly or purportedly arise out of or are in any manner related to or connected with the adoption of said Resolution and the Town's approval of 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 District, Willowood Corporation, a Colorado corporation, (the "Developer"), or their agents, in connection with the formation and organization of the District, including, without limitation, any actions or omissions of the District or Developer, 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, including any claims disputing the validity of the Service Plan and said Resolution. The District further agrees to investigate, handle, respond to and to provide defense for and defend against, as well as provide defense counsel reasonably chosen by the District and pay the attorneys' fees and expenses for such defense counsel. The Town will cooperate in the defense of any such claims, demands, suits, actions or other proceedings. 2. It is understood and agreed that neither the District nor the Town waives or intends to waive the monetary limits or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, el seg., C.R.S., as from time to time amended, or any other defenses, immunities, or limitations of liability otherwise available to the Town, the District, its officers, or its employees by law. 2 3. The District hereby consents to the Town Disclaimer Statement contained in Exhibit L to the Service Plan; agrees that the District will include such Town Disclaimer Statement in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, the Town Disclaimer Statement will be given by the District to any prospective purchaser of any bonds or other financial obligations of the District); and waives and releases the Town from any claims the District might have based on or relating to the use of or any statements made or to be made in such Town Disclaimer Statement (including any modifications thereto). 4. It is understood and agreed, and the District hereby expressly acknowledges, that the Town, in acting to approve the Service Plan, has relied upon the provisions of this Indemnity Letter. Attest: Secretary Very truly yours, NP125 Metropolitan District By: Marcus Palkowitsh, President 3 EXHIBIT J Upon recording return to: David S. O'Leary, Esq. Dufford & Brown, P.C. 1700 Broadway, Suite 2100 Denver, Colorado 80290-2101 GENERAL DISCLOSURE AND COMMON QUESTIONS REGARDING NP125 METROPOLITAN DISTRICT TOWN OF FIRESTONE, WELD COUNTY, COLORADO 1. What is a special district and what does it do? Colorado special districts are local governments just as municipalities (cities and towns) and counties are considered local governments_ Often, municipalities and counties are limited by law and other factors as to the services they may provide. Therefore, special districts are formed to provide necessary public services that the municipality or county cannot otherwise provide. NP125 Metropolitan District (the "District") was organized pursuant to Orders of the Weld County District Court following elections in May 2014 at which time a majority of the eligible electors voted in favor of the formation of the District, elected members to the initial board of directors and voted in favor of certain tax and debt authorization. The District is an independent unit of local government, separate and distinct from the Town of Firestone, within which the District is located. The District is a quasi -municipal governmental entity with the power to impose property taxes and other fees and charges for services within its boundaries. Legal descriptions and a map of the District are attached hereto as Exhibit "A." The District is governed by an elected board of directors made up of property owners from each district. Pursuant to the Service Plan for NP125 Metropolitan District (the "Service Plan") approved February 12, 2014 by the Town of Firestone (the "Town"), the District has the ability and responsibility for constructing major public improvements including, but not limited to park and recreation, water, drainage, wastewater and street improvements within its boundaries. The District is required to dedicate certain public improvements upon completion to the Town (drainage, open space, parks and trails, streets and roadways and water) to St. Vmin Sanitation District (sanitary sewer) and to Central Weld County Water District (water improvements) or to a property owners association in accordance with requirements of the Town and Approved Development Plans. The District does not have the authority to own, operate and public improvements other than prior to dedication and acceptance to the Town, St. Vrain Sanitation District, Central Weld County Water District or a property owners association without the written consent and approval of the Town. If the District is permitted by the Town to operate and maintains such facilities, the expense associated with such activity may be paid from the District's tax revenues and/or fees lawfully imposed by the District. 2. May the District hnvose Fees Upon Me as a Property Owner? Special Districts are governmental entities, and have the power to impose property taxes and to adopt and charge fees, rates, tolls, penalties, or charges for services including but not limited to general administrative, operations and maintenance services. The District is not currently authorized to impose fees. All District fees and rates may be adopted and/or amended from time to time by the District's board of directors, as permitted by law and pursuant to the provisions of the Service Plan. In addition to limitations imposed by law, market constraints require that fees within the District be comparable to fees in competing development areas in order to further the community as an attractive place for individuals to buy homes. Therefore, it is in the best interest to maintain fees in the District comparable to the total fees paid in other similar communities so that the fees paid for the amenities and services in the District is a good value. A homeowners association is separate and distinct from the special districts, and is generally responsible for reviewing architectural plans for the construction of new homes and enforcing restrictive covenants in the community to help maintain property values. The homeowners association is normally responsible for the maintenance and operation of the common areas and other landscaping within a community and may assess dues to its members but has no ability to impose taxes. The District does not currently have the authorization of the Town to undertake ongoing operations and maintenance functions. 3. How much property tax will the District collect to construct improvements and pay for operations and maintenance? The District has the authority to impose property taxes for all of the activities identified in its "Service Plan," a copy of which is on file with the District and which is available to prospective purchasers. The District may issue bonds to provide for the costs of capital improvements within its boundaries. Once the bonds are sold, they must be repaid over time with interest. The maximum repayment period for the bonds is thirty (30) years. The annual payment on the bonds is (mown as "debt service." In order to meet the debt service requirements for the bonds, and to pay operations and maintenance costs associated with the provision of services and district administration and operating costs, the District will impose mill levies as limited under the Service Plan. All District bonds or other obligations of which the District has promised to impose an ad valorem property tax mill levy (the "Debt") is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term (40 years after the initial imposition of such mill levy) and no higher than the Maximum Debt Mill Levy (50 mills) for property within the District. Such mill levies may be "Gallagherized" or adjusted from a Levy of 50 mills that existed on January 1, 2014 if, which on or after January 1, 2014, there have been or will be changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2014, are neither diminished nor enhanced as a result of such changes. Market constraints also require that the mill levy within the District be comparable to mill levies in competing development areas in order to further the community as an attractive place for individuals to buy homes. Therefore, it is in both the District's and the project developers' best interest to maintain mill levies in the District comparable to the total property taxes paid in other similar communities so that the property taxes paid for the amenities and services in the District is a good value. It is the intent of the District to dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, and if any District has authorized operating functions under an intergovernmental agreement with the Town, to retain only the power necessary to impose and collect taxes or fees to pay for these costs. 4. Whv are special districts used for financing public infrastructure? Many areas in Colorado utilize special districts to finance public improvements. Homeowners often are surprised to find that they have lived for years in water and sanitation districts, or other types of special districts. Since cities and counties typically do not provide for construction or installation of water and wastewater systems, roads, or recreation facilities in new communities, special districts are organized to build 2 these facilities. Special districts and the financial powers they utilize permit early construction of recreation facilities and other amenities for the benefit of the community. Where special districts are established, the costs of public improvements within the community are generally spread over 20 to 30 years and are paid from mill levies which, under current tax laws, may result in federal income tax benefits. 5. What limitations exist to make sure the District does not issue too many bonds and create unreasonably h' h mill levies? All general obligation bonds anticipated to be issued by the District will be governed by the controls adopted by the Colorado legislature and governing the process by which bonds are issued by special districts. In addition, the Service Plan includes a debt limit in the Service Plan. The Town and the Service Plan currently has limited the Maximum Debt Mill bevy that may be assessed by the District to 50 mills for debt and 6 mills for operations and maintenance subject to adjustment to account for changes in state law with respect to the assessment of property for taxation purposes, the ratio for determining assessed valuation, or other similar matters. The adjustment allows for tax revenues to be realized by the District in an equivalent amount as would have been realized by the District based on a levy of 50 mills assessed and adjusted since January 1, 2013 as appropriate absent any change in the manner of the assessment of property for taxation purposes, the ratio for determining assessed valuation, or other similar matters. In addition, various voter limitations exist which affect the taxing powers of the District, including maximum annual taxing limitations and expenditure limitations. The TABOR Amendment, Article X, Section 20 of the Colorado Constitution, also provides for various legal limitations which may restrict the taxing and spending authority of the District. The mill levies expected in the District are reasonable and comparable to other developments served by special districts that provide similar services and amenities. The debt limit and the mill levy cap will remain in place for general obligation limited tax bonds issued by the District. Additionally, the Town of Firestone limits all new special districts to the similar mill levy limitations as the District. These limits, as well as others existing under Colorado law and various voter approvals, are believed to be adequate to control the tax levels within the District. Market constraints on property sales by the developer also require that the mill levy within the District be comparable to mill levies in competing development areas in order to further the community as an attractive place for individuals to buy homes. Therefore, in the initial stages of the development, it is in both the District's and the project developer's best interest to maintain a mill levy in the District comparable to the total property taxes in other similar communities so that the property taxes paid for the amenities and services in the District are a good value. 6. Who bears the risk that the community may not fully develo ? During the early stages of development, the developer of the project will be providing necessary funding and advancing funds to the District to pay for the public infrastructure construction costs and operational needs. The developer advances will be reimbursed at the time the District is able to issue general obligation, limited tax bonds. Property taxes paid and collected within the District will help pay the costs of all bonds. Therefore, if the actual build -out that occurs is less than what is projected, the individual property owners will not experience an increase in their tax obligations to the District beyond the limits described herein. The limited mill levy will be assessed the same on each home and other taxable property in the District regardless of the number of taxable structures. This results in the risk of development being shared by bondholders and the developer. The property owners also share risk relative to the bonds, but this risk is limited as discussed above. 7. What will the tax bill look like, and what are the various taxes used for? It is anticipated that the tax bill for individual properties will show mill levies for Weld County, the Town of Firestone, school districts and various other public service providers, including the District. Colorado municipalities certify their mill levies on an annual basis, so the most accurate manner of ascertaining the specific taxing entities and current total and overlapping mill levy on any property is to directly contact the County Treasurer and Assessor. Attached hereto as Exhibit "B" is a general formula for the manner in which residential property in Colorado is assessed. In summary, it is anticipated that the total mill levy charged to properties within the boundaries of the District will be comparable to those of surrounding, similar communities. S. Where can one get additional information regarding the District? This document is not intended to address all issues associated with special districts generally or with the District specifically. More information may be obtained by contacting the District's general counsel, Dufford & Brown, P.C., 1700 Broadway, Suite 2100, Denver, CO 80290, (303) 861-8013; the Colorado Department of Local Affairs, (303) 866-2156; or by attending District meetings. The District holds special meetings on an as needed basis. The District is also required to keep minutes and other records that are open for inspection by any citizen, hold elections for the boards of directors, adopt annual budgets, and submit to financial audits. I, , hereby acknowledge that 1 have received and read this GENERAL DISCLOSURE REGARDING NP 125 METROPOLITAN DISTRICT. Buyer Lot Address Date Buyer Lot Address Date Buyer Lot Address Date 4 EX MIT A EXHIBIT B NP125 METROPOLITAN DISTRICT DISTRICT BOUNDARY I , [ I .EA WITHIN DISTRICT IOUNDARY g,E NORTH N.T.S. EXHIBIT B TO THE GENERAL DISCLOSURE AND COMMON QUESTIONS REGARDING NP125 METROPOLITAN DISTRICT GENERAL FORMULA FOR ASSESSMENT OF RESIDENTIAL PROPERTY 1. Assessor's office makes a market value determination based upon sales prices of comparable homes in the area (the "Market Property Valuation"). 2. Market Property Valuation is multiplied by the assessment rate which is set every odd numbered year and as of January 1, 2013, was 7.96%. The current assessment rate can be obtained from the County Assessor's Office (Market Property Valuation times the assessment rate = Assessment Valuation). 3. Applicable Mill Levy is applied to the Assessment Valuation, resulting in the total assessment to the residential property. For example, a home and property sold for $300,000 should have a "market value" of $300,000. Applying the 7.96% valuation factor produces an assessed valuation of $23,880. One mill (.001) applied to that assessed valuation produces $23.88 of additional taxes. The District's projected mill levy of 50.000 mills results in $1,194.00 in additional taxes each year. NPI251Misc12013 Form of Disclosure NP 125 Metro DSO1000010814 EXHIBIT K Form of Town Disclosure Statement 53 TOWN OF FIRESTONE, COLORADO — DISCLAIMER STATEMENT As a requirement imposed in its formation process, the NP125 Metropolitan District (the "District") is obligated to the Town of Firestone (the "Town") to include this disclaimer statement in all offering materials used in connection with any bonds or other financial obligations of the District (or, if no offering materials are used, to give this disclaimer statement to any prospective purchaser, investor or lender in connection with any such bonds or other financial obligations of the District). The date of this disclaimer statement is The Town has not reviewed or participated in the preparation of any offering materials or any other disclosure documentation relating to any bonds or financial obligations of the District or any other materials to which this Disclaimer Statement is appended. Other than this Disclaimer Statement, no other statement of any kind is authorized to be made by or on behalf of the Town in any offering materials or any other disclosure documentation relating to any bonds or other financial obligations of the District. The Town and the District are separate legal entities. The Town is not a party to and is not obligated with respect to any borrowings, financings, bonds or other financial obligations of the District. As a statutory requirement for the formation of the District, the Town approved a Service Plan containing financial and other information furnished by the District's organizers. The Town's approval of the Service Plan was based upon such information furnished by the District's organizers without independent investigation by the Town. The District's Service Plan was prepared in 2014 and not in connection with the offering of any bonds or other financial obligations. The Town's approval of the District's Service Plan should not be relied upon by prospective purchasers, bondholders, investors or lenders in evaluating the investment quality of the District's bonds or other financial obligations. The Service Plan and related agreements do not impose upon the Town any duties to, nor confer any rights against the Town upon, any purchasers, investors, lenders, bondholders or other third parties. EXHIBIT L Form of Intergovernmental Agreement between District and Town INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE, COLORADO AND NP125 METROPOLITAN DISTRICT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into to be effective as of the _ day of , 2014, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (the "Town"), and NP125 METROPOLITAN DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado (the "District"), individually a "Party" and collectively referred to herein as the "Parties." RECITALS WHEREAS, the District was organized to finance, acquire, design, construct and install certain facilities, provide those services and to exercise powers as are more specifically set forth in the District's Service Plan approved by the Town on February 12, 2014 by Resolution 14- (the "Service Plan"); and WHEREAS, the Service Plan makes reference to the execution of an intergovernmental agreement between the Town and the District; 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; NOW, THEREFORE, for and in in consideration of the covenants and mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: COVENANTS AND AGREEMENTS 1. APPLICATION OF LOCAL LAWS. The District hereby acknowledges that the property within its boundaries shall be subject to all ordinances, rules and regulations of the Town, including without limitation, ordinances, rules and regulations relating to zoning, subdividing, building and land use, and to all related Town land use policies, master plans, related plans and intergovernmental agreements. 2. NATURE OF DISTRICT. The District agrees that it is organized for the purpose of financing certain public improvements for the area within its boundaries only (except to the extent otherwise specifically provided in Article V.c. of the Service Plan), which area is designated as the proposed Neighbors Point Subdivision Filings No. 1, 2 and 5 development, and that the District's purposes, powers, facilities and activities are to be limited and governed by the Service Plan. The District is not intended to and shall not provide facilities or services outside its boundaries (except as otherwise specifically provided in Article V.c. of the Service Plan). Further, the District is not intended and shall not exist perpetually, but instead shall be dissolved in accordance with the Service Plan and this Agreement. The District shall not provide any services or facilities within any area of the District overlapping with the service area of another district without first obtaining the written consent of each and every district whose service area is so overlapped. 3. CHANGES IN BOUNDARIES. The District agrees that, as set forth in the Service Plan, inclusion of properties within, or any exclusion of properties from, its boundaries shall constitute a material modification of the Service Plan; any purported inclusion or exclusion that has not been approved by the Town pursuant to the procedures applicable to a material modification of the Service Plan shall be void and of no effect. 4. TOWN APPROVAL REQUIREMENTS; REVIEW OF DISTRICT SUBMITTALS. The District agrees that any Town approval requirements contained in the. Service Plan (including, without limitation, any Service Plan provisions requiring that any change, request, action, event or occurrence be treated as a Service Plan amendment proposal or be deemed a "material modification" of the Service Plan) shall remain in full force and effect, and such Town approval shall continue to be required, notwithstanding any future change in law modifying or repealing any statutory provision concerning service plans, amendments thereof or modifications thereto. The District agrees to reimburse the Town for all reasonable administrative and consultant costs incurred by the Town for any Town review of reports, plans, submittals, proposed modifications or requests for administrative approvals, or other materials or requests provided to the Town by the District pursuant to the Service Plan, this Agreement, state law or Firestone Municipal Code. The Town may require a deposit of such estimated costs. 5. OWNERSHIP OF IMPROVEMENTS. The Parties agree that the District shall not be permitted to undertake ownership, operation or maintenance of any public improvements, facilities or services, except as specifically set forth in the Service Plan. The District shall not own fee title to any real property. 6. REQUIRED TRANSFER OF CAPITAL IMPROVEMENT FUNDS TO TOWN. The Parties agree, and the Town's approval of the Service Plan is expressly conditioned upon the requirement that the District will pay to the Town for deposit into the Town's capital improvement fund a total of Three Hundred Thousand, Forty -Two Dollars ($300,042.00), which shall be paid to the Town in relation to the number of lots in each series of bonds issued as a condition of the issuance and delivery of any District Bonds, including Developer bonds, or the issuance of any construction financing notes to the Developer. District Bonds and the corresponding transfer of capital improvement funds totaling One Hundred Ninety -Seven Thousand, Four Hundred Ninety -Six Dollars ($197,496) related Filings No. 1 and No. 5 shall be issued by December 31, 2014 and District Bonds and the corresponding transfer of capital improvement funds totaling One Hundred Two Thousand, Five Hundred Forty -Six Dollars ($102,546) related to Filing No. 2 shall be issued by December 31, 2016 (after Conditional Acceptance of construction for Filing No. 2). Notwithstanding anything in this Service Plan to the contrary, the deadline set forth for bond issuance may be extended for all periods of delay caused by events that are beyond the reasonable control of the District, including, without limitation, limited availability of materials and labor, unusually adverse weather conditions, acts of God, acts of war, acts of terrorism, lacy of legal access and repayment for completion of offsite improvements, or delays in issuing approvals or permits by any Governmental Agency. Such 2 delays will not affect the timing of transfer of capital improvements funds to the Town, which payments shall be made by the above stated deadlines. With Town approval, such contribution may alternatively be paid by the Developer to the Town but, in such case the Town and the Developer will amend the Subdivision Agreement for Neighbors Point Filing No. 1 and Filing No. 2 respectively to provide that this Town contribution shall be paid to the Town's capital improvement fund directly by the Developer and shall be used by the Town to finance improvements (whether inside or outside the boundaries of the District) that the Town and the District would otherwise be empowered to construct, and for which the District is authorized to incur indebtedness (i.e., streets, street lighting, traffic safety controls, sanitary sewer, water, landscaping, storm drainage or park and recreation improvements and facilities), which improvements shall be of benefit to the Town and the District. The District acknowledges and agrees that the provisions of this Agreement and the provisions of the Service Plan for concurrent payment of capital improvement funds to the Town's capital improvements fund for capital improvements are material considerations in, and conditions of, the Town's approval of the District's Service Plan, and that the Town has relied thereon in approving the District's Service Plan. Therefore, the District agrees that it shall not issue District Bonds, including developer bonds, or any construction financing notes to the Developer, without there having been delivered to the Town concurrently with or prior to such issuance capital improvement contribution funds as required by Article V.c of the Service Plan shall be a condition of issuance for such District Bonds, including developer bonds, or any construction financing notes to the Developer shall be a condition for closing for any District Bonds. The District agrees that the provisions of this Agreement and of the Service Plan for such payment of capital improvement funds to the Town shall run in favor of and shall be enforceable by the Town. The District and Developer represent and warrant that it has obtained all voter authorizations necessary to implement such provisions of this Agreement and the Service Plan, and that it will exercise its powers in accordance with and in furtherance of such provisions. 7. CONSOLIDATION. The District shall not file a request with the District Court to consolidate with another district without the prior written consent of the Town. 8. DISSOLUTION. The District agrees that it shall take all action necessary to dissolve the District upon payment or defeasance of the District's bonds or otherwise upon the request of the Town, in accordance with the provisions of the Service Plan and applicable state statutes. 9. NOTICE OF MEETINGS. The District agrees that it shall submit a copy of the written notice of every regular or special meeting and work session of the District's Board of Directors to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least three (3) days prior to such meeting. The District agrees that it shall also submit a complete copy of meeting packet materials for any such meeting to the Office of the Firestone Town Administrator, by mail, facsimile or hand delivery, to be received at least one (1) day prior to such meeting. 10. ANNUAL REPORT. The District shall be responsible for submitting an annual report to the Town pursuant to and including the information set forth in Article V1I of the Service Plan. 11. ENTIRE AGREEMENT OF THE PARTIES. This Agreement, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions, or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto will have any force or affect whatsoever unless embodied herein in writing. 12. AMENDMENT. This written agreement together with the Service Plan constitutes the entire agreement between the Parties and supersedes all prior or written or oral agreements negotiations, or representations and understandings of the Parties with respect to the subject matter contained herein. 13. ENFORCEMENT. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. 14. VENUE. Venue for trial of any action arising out of any dispute hereunder shall be in Weld County District Court. 15. BENEFICIARIES. Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the named parties and is not intended to, and shall not be deemed to, confer any rights upon any persons or entities not named as parties. 16. EFFECT OF INVALIDITY. If any portion of this Agreement is intended to describe the rights and responsibilities of and between the named parties and is not intended to, and shall not be deemed to, confer any rights upon any persons or entities not named as parties. 17. ASSIGNABILITY. Other than as specifically provided for in this Agreement, neither the Town nor the District shall assign their rights or delegate their duties hereunder without the prior written consent of the other Parties. 18. SUCCESSOR AND ASSIGNS. Subject to Paragraph 17 hereof, this Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. ATTEST: Secretary NP125 METROPOLITAN DISTRICT LIM 4 President TOWN OF FIRESTONE By: Its: ATTEST: By: Its: EXHIBIT M Form of Intergovernmental Agreement between Firestone Urban Renewal Authority and District 55 COOPERATION AGREEMENT AMONG THE FIRESTONE URBAN RENEWAL AUTHORITY AND NP125 METROPOLITAN DISTRICT NORTHERN FIRESTONE URBAN RENEWAL PLAN THIS COOPERATION AGREEMENT ("Agreement") is made and executed by and between NP125 METROPOLITAN DISTRICT and the FIRESTONE URBAN RENEWAL AUTHORITY, referred to collectively as the "parties" or individually as a "party". WITNESSETH: WHEREAS, NP125 Metropolitan District ("District") is a quasi -municipal corporation and political subdivision of the State of Colorado, duly organized and existing under the constitution and the laws of the State of Colorado; and WHEREAS, the Firestone Urban Renewal Authority ("FURA") is a public body corporate and politic authorized to transact business and exercise its powers as an urban renewal authority under and pursuant to the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. ("Act"); and WHEREAS, on , 2013, the Board of Trustees (the "Board") of the Town of Firestone (the `Town") adopted its Resolution 13- approving the Urban Renewal Plan ("Plan") for the Northern Firestone Urban Renewal Area (the "Urban Renewal Area") which details the inclusion of the parcels described in the Plan for the purposes authorized in the Act, including utilizing tax increment financing ("TIF Financing"), as contemplated by C.R.S.§ 31-25-107(9)(a), for the purposes authorized by the Urban Renewal Law; and WHEREAS, TIF Financing provides that taxes, if any, levied after the effective date of the approval of the Plan upon taxable property in the Urban Renewal Area each year shall be divided for a period not to exceed twenty-five (25) years from the effective date of the Plan and that a portion of said property tax revenues (the "TIF Revenue") shall be allocated to and paid into a special fund of FURA to pay the principal of, interest on, and any premiums due in connection with bonds of, loans or advances to, or indebtedness incurred by FURA; and WHEREAS, the District and FURA recognize that a division of taxes pursuant to C.R.S. § 31-25-107(9)(a) on property within the boundaries of the District without an agreement concerning the sharing of TIF Revenue that results from the District levy on taxable property in the Urban Renewal Area may hinder the effectuation of the Plan and urban renewal projects within the Urban Renewal Area and the District's ability to provide services within the Urban Renewal Area; and WHEREAS, the District is cooperating with FURA to facilitate carrying out the Plan and urban renewal projects within the Urban Renewal Area; and WHEREAS, the District and FURA desire to enter into this Agreement for the transfer to the District of property tax revenues that FURA receives from the District levy on taxable property in the Urban Renewal Area; and WHEREAS, the District and FURA are authorized to enter into this Agreement pursuant to law, including without limitation C.R.S. §31-25-107(11) and C.R.S. § 31-25-112; and WHEREAS, the District and FURA have determined it is in the best interest of the parties to enter into this Agreement to facilitate carrying out the Plan and undertaking urban renewal projects within the Urban Renewal Area; and WHEREAS, in consideration of the parties entering into this Agreement, the District consents to the inclusion within the Urban Renewal Area of all agricultural lands contained within such Area as described in the Plan, pursuant to C.R.S. §31-25-107(1)(c)(II)(D); NOW THEREFORE, in consideration of the foregoing recitals and the covenants, promises and agreements of each of the parties hereto, it is agreed by and among the parties hereto as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated into and made a part of this Agreement. 2. Sharing of District Tax Leyy Revenues: FURA agrees to pay to the District all of the property tax revenues received by FURA as a result of the property tax mill levy imposed by the District upon taxable property within the Urban Renewal Area pursuant to and in accordance with C.R.S. §31-25-107(9)(a)(II) and the rules and regulations of the Property Tax Administrator of the State of Colorado (the "District Tax Levy Revenues"). Commencing on the effective date of the Plan and for a period of twenty-five (25)Zears from the effective date of the Plan, FURA shall transfer to the District on or before the 15 day of each month all of the District Tax Levy Revenues received by FURA through last day of the preceding month. If area is subsequently included in the Plan by a modification of the Plan approved by the Board, and such modification results in TIF Revenues from the District Tax Levy Revenues being allocated to FURA for an additional period beyond twenty-five (25) years from the effective date of the Plan, then FURA shall make the foregoing transfers to the District for such additional period. FURA pledges to pay the District Tax Levy Revenues to the District in accordance with this Agreement and hereby grants the District a lien on the District Tax Levy Revenues. 3. Pledge of District Tax Ley. Revenues. The creation, perfection, enforcement, and priority of the pledge of FURA to pay the District Tax Levy Revenues to the District shall be governed by C.R.S. § 11-57-208 and this Agreement. FURA hereby pledges and grants to the District a first priority lien on and security interest in the District Tax Levy Revenues and the District Tax Levy Revenues shall immediately be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge shall be valid, binding, and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against FURA irrespective of whether such persons have notice of such liens. FURA hereby covenants that so long as this Agreement is in effect, it will not pledge, encumber or otherwise transfer the F? District Tax Levy Revenues, except as provided in this Agreement. 4. Use of District Tax Leyy Revenues. It is the intention of the District and FURA that the District use the District Tax Levy Revenues transferred to it pursuant to this Agreement for the costs and expenses of financing of infrastructure and providing services as outlined in the District's service plan. 5. Agreement Confined to District Tax Leyy_Revenues _Revenue. This Agreement applies only to the District Tax Levy Revenues and does not apply to any other revenues of FURA. Further, this Agreement applies only to the Urban Renewal Area described in the Plan as approved by the Board's Resolution No, 13- and any area subsequently included in the Plan by a modification of the Plan approved by the Board. b. Delays. Any delays in or failure of performance by any party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, acts of public enemy, acts of the Federal or state government, acts of any other party, acts of third parties, litigation concerning the validity of this Agreement or relating to transactions contemplated hereby, fire, floods, strikes, labor disputes, accidents, regulations or order of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. Notwithstanding the foregoing, where any of the above events shall occur which temporarily interrupt the ability of FURA to transfer District Tax Levy Revenues as provided in this Agreement, as soon as the event causing such interruption shall no longer prevail, FURA shall transfer the total amount of the District Tax Levy Revenues that has been received by FURA as provided in this Agreement. 7. Consent Concerning_ Agricultural Land. The District hereby consents, pursuant to C.R.S. §31-25-107(1)(c)(I1)(D), to the inclusion within the Urban Renewal Area of all agricultural lands contained within such Area as described in the Plan. 8. Termination and Subsequent Legislation. In the event of termination of the Plan, including its TIF Financing component, FURA may terminate this Agreement by delivering written notice to the District. FURA may also terminate this Agreement by delivering written notice to the District if the District is dissolved, consolidated into another district, or no longer provides any services within the Town. The parties further agree that in the event legislation is adopted after the effective date of this Agreement that invalidates or materially effects any provisions hereof, the parties will in good faith negotiate for an amendment to this Agreement that most fully implements the original intent, purpose and provisions of this Agreement. 9 Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. The parties agree that all claims, disputes or controversies arising between the parties which relate in any way to this Agreement, which are not otherwise resolved by the parties, shall be brought in the District Court in and for Weld County, State of Colorado, and that venue for all such actions shall lie only in Weld County, State of Colorado. In the event of any litigation between FURA and the District to enforce any provision of this Agreement or any right of either party hereto, the parties agree that the court shall award costs and expenses to the prevailing party, such costs and expenses to include reasonable attorneys' fees. Otherwise, each party shall pay its own costs and fees for litigation. 10. Entire Agreement. This instrument embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. 11. Bindina Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. 12. No Third -Party 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, except for any trustee (a "Trustee") acting on behalf of the holders of any debt or other financial obligations of the District to which the District pledges the payment of all or any part of the District Tax Levy Revenues. The sole remedy for the District or the Trustee to enforce the Authority's obligations under this Agreement is by way of mandamus or specitic performance. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 13. 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. 14. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Further, in the event of any such holding of invalidity, illegality or uhenforceability (as to any or all parties hereto), the parties agree to take such action(s) as may be necessary to achieve to the greatest degree possible the intent of the affected provision of this Agreement. 15. Assignment. Neither party may assign any of its rights or obligations under this Agreement without the prior written consent of the other party. 16. Paragraph Captions. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 4 17. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 18. No Presumption. The parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the party causing the Agreement to be drafted. 19. Days. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to Section. 24-11-101(1), C.R.S., such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. 20. Parties Not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the parties shall not be deemed to be partners or joint venturers, and no party shall be responsible for any debt or liability of any other Ply 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. NP125 METROPOLITAN DISTRICT ATTEST: By: _ Title: ATTEST: By: _ Title: FIRESTONE URBAN RENEWAL AUTHORITY By: By: Rebecca Toberman, Recording Secretary Chad Auer, Chairperson RBE UI629364 4 EXHIBIT N Resolution of Town of Firestone Approving Service Plan TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE SERVICE PLAN FOR NP125 METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO RESOLUTION NO. 14- RESOLUTION OF APPROVAL WHEREAS, pursuant to the Special District Act, there has been filed with the Town a proposed Service Plan for NP125 Metropolitan District (the "Service Plan"); and WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the of the Town of Firestone, County of Weld, State of Colorado (the "Town"), following due notice, held a public hearing on the proposed Service Plan, which hearing was held on January 22, 2014; and WHEREAS, the Board of Trustees has considered the Service Plan and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at the hearing, it appears that the Service Plan for NP125 Metropolitan District should be approved by the Board of Trustees, subject to certain conditions set forth below, in accordance with Section 32-1-204.5(1)(c), C.R.S. THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of the NP125 Metropolitan District (the "District") and Willowood Corporation, a Colorado Corporation, (the "Developer"), that all of the requirements of Title 32, Article 1, Part 2, C.R.S., as amended, relating to the filing of the proposed Service Plan for NP125 Metropolitan District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town. Section 2. That, based on representations by and on behalf of the District and Developer, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the proposed Service Plan pursuant to Title 32, Article 1, part 2, C.R.S., as amended. Section 3. That, pursuant to Section 32-1-204.5, C.R.S., Section 32-1-202(2), C.R.S., and Section 32-1-203(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the Service Plan, the representations by and on behalf of the Developer, 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 has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; and (e) The approval of the Service Plan is in the best interests of the District. 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) At its first meeting after the effective date of this Resolution and in no event later than sixty days after the formation election of the District, the Board of Directors of the District shall execute the Intergovernmental Agreement with the Town ("IGA") in the form presented to the Town Board of Trustees at its February 12, 2014 hearing, or in form otherwise acceptable to the Town Attorney, and shall deliver the fully executed original of the IGA to the Town. (b) That pursuant to the Service Plan, the District will pay all reasonable expenses of the Town, its attorneys and consultants, as well as the Town's reasonable processing fees, in connection with the processing of the Service Plan approved herein. (c) The Developer agrees that the Town Attorney will be given reasonable notice of all proceedings in the District Court of Weld County related to the organization of the Districts (including notice as described in Section 32-1-304, C.R.S.). (d) Prior to the sooner of issuing any debt or providing any services or facilities in an overlap area, the District shall fully comply with the applicable provisions of Section 32-1-107(3), C.R.S. with respect to the overlapping of service areas. The District's authorization to provide services or facilities within any overlapping area is expressly conditioned upon the District's first obtaining written consent as required by the applicable provisions of such statute of each and every district whose service area is so overlapped. (e) Prior to the hearing date set by the District Court of Weld County pursuant to Section 32-1-304, C.R.S., the fully and properly executed originals of the service plan certification page; property owner(s)' consents; engineer's statement of reasonableness of capital costs; legal counsel letter; and Developer's indemnity letter that are required under the Service Plan as set forth in Exhibits D, E, G, H, and Part 1 of Exhibit J, shall be provided to the Town. (0 At its first meeting after the effective date of this Resolution and in no event later than sixty days after the formation election of the District, the Board of Directors of the District shall execute the District indemnity letter that is required under the Service Plan and set forth in Part 2 of Exhibit J, and shall provide the fully executed original of such document to the Town. If any of the above -stated conditions are not met, the Town may revoke its approval of the Service Plan by subsequent resolution and/or pursue all legal and equitable remedies available to it for failure of compliance with such conditions of approval. Section 5. That the Service Plan for NP125 Metropolitan District, as set forth in Exhibit A to this Resolution and dated January 21, 2014, is hereby approved subject to the conditions stated in Section 4 above, in accordance with Section 32-1-204.5(l)(c), C.R.S." Section 6. That a certified copy of this Resolution be Fled in the records of the Town of Firestone and submitted to the District. RESOLVED, ADOPTED AND APPROVED this _ day of , 2014. TOWN OF FIRESTONE, COLORADO (SEAL) Chad Auer Mayor Carissa Medina Town Clerk CERTIFICATION OF PUBLICATION IN RE THE ORGANIZATION OF NP125 METROPOLITAN DISTRICT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IT IS HEREBY CERTIFIED by the undersigned, as follows.: 1. That the Town Board of Trustees of the Town of Firestone, Weld County, Colorado did set a hearing for Wednesday, February 12, 2014, at or about 6:30 p.m. or soon thereafter, at Town Hall, 151 Grant Avenue, Town of Firestone, Colorado considering the organization of the NP125 Metropolitan District (the "District') and to form a basis for a resolution approving, disapproving or conditionally approving the Service Plan for the District. 2. That, as part of said action, a copy of the Notice of Public Hearing regarding the Organization on February 12, 2014, attached as Exhibit A, was published one time in a newspaper of general circulation within the proposed Districts. 3. That in compliance with said directions, a copy of the Notice was published on January 20, 2014 in the Longmont Times Call. Proof of such publication is attached at Exhibit B. IN WITNESS WHEREOF, I have set hereunto my hand thisZ day of lL,vAgm, 20 By: Name: TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO NOTICE OF PUBLIC HEARING IN RE THE ORGANIZATION OF NP125 METROPOLITAN DISTRICT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO PUBLIC NOTICE IS HEREBY GIVEN that there has been filed with the Town Clerk of the Town of Firestone, Weld County, State of Colorado (the "Town"), a Service Plan for NP125 Metropolitan District (the "District"). A map of the proposed special district and the Service Plan are on file in the office of the Town Clerk, 151 Grant Avenue, Firestone, CO 80520, and are available for public inspection_ NOTICE IS FURTHER GIVEN that the Town Board of Trustees will hold a public hearing at or about 6:30 p.m. or soon thereafter, on Wednesday, the 12th day of February, 2014, at 151 Grant Avenue, Firestone, CO 80520 for the purpose of considering the adequacy of the approval of the Service Plan for NP125 Metropolitan District and to form a basis for a resolution approving, disapproving or conditionally approving the Service Plan for the District. NOTICE IS FURTHER GIVEN that the District's proposed boundaries consist of approximately fifty-eight and nine hundred sixty-ninths (58.969) acres. Improvements to be provided by the proposed special district shall include water, sanitary sewer, drainage, streets, park and recreation and other improvements needed for the District and the area which is generally located north of Sable Avenue between Colorado Boulevard and Birch Street, entirely within the boundaries of the Town. A precise description of the boundaries of the District is on file in the office of the Town Clerk. Further information regarding the proposed district may be obtained by contacting counsel for the proponents of the District, c/o Dufford & Brown, P.C. 1700 Broadway, Suite 2100, Deaver, Colorado 80290, telephone number 303-861-8013. NOTICE IS FURTHER GIVEN that pursuant to § 32-1-203(3.5), C.R.S., as amended, the owner of real property within the proposed District may File a petition with the Board of Trustees for the Town stating reasons why said property should not be included in the District and requesting that such real property be excluded from the District. Such petition may be filed no later than ten (10) days before the day fixed for the public hearing on the service plan, but the Board of Trustees shall not be limited in its action with respect to the exclusion of territory based upon such request. Any request for exclusion shall be acted upon before final action of the Town Board of Trustees under Section 32-1-205, C.R.S. Any such owner or other interested party may also appear at the hearing and be heard regarding the matter under consideration, or file written comments or objections. Any such written comments or objections must be submitted at or prior to the public hearing or any continuance or postponement thereof in order to be considered. Published in: Longmont Times Call Published on: Monday, January 20, 2014 EXHIBIT B PROOF OF PUBLICATION - LONGMONT TIMES CALL AFFIDAVIT OF PUBLICATION State of Colorado County of Boulder I, the undersigned agent, do solemnly swear . that the LONGMONT TIMES -CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld counties; that said newspaper has been continuously and uninterruptedly published . for a period of more than six months next prior to the first publication of the annexed legal notice of advertisement, that said newspaper has been admitted to the United States mails as second olas_s.matter under the provisions of the Act of March 3, 1879, or any, amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the Iaws of the State of Colorado; that a copy of each number of said newspaper, in which said notice of advertisement was published, was transmitted by mail or carrier to each of the subscribers of said newspaper, according to the accustomed mode of business in this office, The annexed legal notice or advertisement was published in the regular and entire edition of said daily newspaper once; and that one publication of said notice was in the issue of said newspaper dated January 20, 2014. . V Agent Subscribed and sworn to before me this 21st day of January, 2014 in the County of Boulder, State of Colorado. Pubiil My commission expires 12j11/201e Account #304356 Ad. #5609598 Fee $42.33 CERTIFICATE OF MAILING I, hereby certify that a true and correct copy of the following NOTICE OF PUBLIC HEARING for NP125 Metropolitan District was mailed by placing the same in envelopes with U.S. Mail, first class postage prepaid addressed as set forth below: 1. That the Town Board of Trustees of the Town of Firestone, Weld County, Colorado did set a hearing for Wednesday, February 12, 2014, at or about 6:30 p.m. or soon thereafter, at Town Hall, 151 Grant Avenue, Town of Firestone, Colorado considering the organization of the NP125 Metropolitan District (the "District") and to form a basis for a resolution approving, disapproving or conditionally approving the Service Plan for the District. 2. Notice of the Public Hearing on February 12, 2014, was mailed by regular mail to all property owners of record within the District as such owners were listed on the records of the Weld County Assessor's Office on January 16, 2014. The list of property owners of record is attached hereto as Exhibit A. 3. The Notice of the Public Hearing on February 12, 2014, was mailed by regular mail to the public entities within 3-miles of the boundaries of the District as listed on the records of the County Assessor on January 16, 2014. A list of the public entities within 3-miles of the boundaries of the District is attached hereto as Exhibit B. Signed thiaiiay of , 2014. r. IC � STATE OF COLORADO ) ss. CITY AND ) COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this��ay of , 2014, by Karen Claridge as an individual. WITNESS my hand and official seal. My commission a._ ALL mQ1'I RY PUBLIC E AM 3M OF COLORA00 gyp` ARY ID i9964000821 MY COMMISSION Ef IRES Jt1!E 1l 7 At a- �Z-11 0 Notary Public TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO NOTICE OF PUBLIC ]REARING IN RE THE ORGANIZATION OF NP125 METROPOLITAN DISTRICT, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO PUBLIC NOTICE IS HEREBY GIVEN that there has been filed with the Town Clerk of the Town of Firestone, Weld County, State of Colorado (the "Town"), a Service Plan for NP 125 Metropolitan District (the "District"). A map of the proposed special district and the Service Plan are on file in the office of the Town Clerk, 151 Grant Avenue, Firestone, CO 80520, and are available for public inspection. NOTICE IS FURTHER GIVEN that the Town Board of Trustees will hold a public hearing at or about 6:30 p.m. or soon thereafter, on Wednesday, the 121h day of February, 2014, at 151 Grant Avenue, Firestone, CO 80520 for the purpose of considering the adequacy of the approval of the Service Plan for NP 125 Metropolitan District and to form a basis for a resolution approving, disapproving or conditionally approving the Service PIan for the District. NOTICE IS FURTHER GIVEN that the District's proposed boundaries consist of approximately fifty-eight and nine hundred sixty-ninths (58.969) acres. Improvements to be provided by the proposed special district shall include water, sanitary sewer, drainage, streets, park and recreation and other improvements needed for the District and the area which is generally located nortb of Sable Avenue between Colorado Boulevard and Birch Street, entirely within the boundaries of the Town. A precise description of the boundaries of the District is on file in the office of the Town Clerk. Further information regarding the proposed district may be obtained by contacting counsel for the proponents of the District, c/o Dufford & Brown, P.C. 1700 Broadway, Suite 2100, Denver, Colorado 80290, telephone number 303-861-8013. NOTICE IS FURTHER GIVEN that pursuant to § 32-1-203(3.5), C.R.S., as amended, the owner of real property within the proposed District may file a petition with the Board of Trustees for the Town stating reasons why said property should not be included in the District and requesting that such real property be excluded from the District. Such petition may be filed no later than ten (10) days before the day fixed for the public hearing on the service plan, but the Board of Trustees shall not be limited in its action with respect to the exclusion of territory based upon such request. Any request for exclusion shall be acted upon before final action of the Town Board of Trustees under Section 32-1-205, C.R S. Any such owner or other interested party may also appear at the hearing and be heard regarding the matter under consideration, or file written comments or objections. Any such written comments or objections must be submitted at or prior to the public hearing or any continuance or postponement thereof in order to be considered. Published in: Longmont Times Call Published on: Monday, January 20, 2014 2 EXIEBIT A MAILING LIST LIST OF PROPERTY OWNERS OF RECORD FOR NP125 METROPOLITAN DISTRICT WILLOWOOD CORPORATION 720 S. COLORADO BLVD., STE 940-N DENVER, CO 80246 c EXHIBIT B MAILING LIST FOR DISTRICTS WITHIN THE BOUNDARIES OF THE DISTRICT OR WITHIN 3-MILES OF THE BOUNDARIES OF NP125 METROPOLITAN DISTRICT AIMS JUNIOR COLLEGE CARBON VALLEY PARK AND CENTRAL COLORADO WATER (CCW) P.O. BOX 69 RECREATION DISTRICT 3209 WEST 28TH STREET GREELEY, CO 80632 701 FIFTH STREET GREELEY, CO 80634 FREDERICK, CO 80530 CENTRAL COLORADO WATER SUBDISTRICT (CCS) 3209 WEST 28TH STREET GREELEY, CO 80631 COTTONWOOD HOLLOW RESIDENTIAL METRO 700 17TH STREET, SUITE 2200 CIO MILLER & ASSOCIATES DENVER, CO 80202 TOWN OF FREDERICK P.O. BOX 435 FREDERICK, CO 80530 GODDING HOLLOW METRO 450 E. 17TH AVENUE, SUITE 400 DENVER, CO 80203-1214 HILLS METRO # 1 141 UNION BOULEVARD, SUITE 150 C/O SPECIAL DISTRICT MGMT. LAKEWOOD, CO 80228-1898 HINKLE FARMS METRO DISTRICT 275 S. MAIN STREET, SUTIE 201 LONGMONT, CO 80501 CENTRAL WELD COUNTY WATER (CWC) 2235 SECOND AVENUE GREELEY, CO 80631 FORT LUPTON FIRE P.O. BOX 333 CIO JOHN DENT, ATTORNEY FORT LUPTON, CO 80621 FREDERICK-FIRESTONE FIRE 1627 EAST 18TH STREET PINNACLE CONSULTING GROUP LOVELAND, CO 80538 GREENS METRO 1700 BROADWAY, SUITE 2100 DUFFORD & BROWN, P.C. DENVER, CO 80290 HILLS METRO #2 141 UNION BOULEVARD, SUITE 150 C/O SPECIAL DISTRICT MGMT. LAKEWOOD, CO 80228-1898 LEFT HAND WATER 921 WALNUT STREET, SUITE 200 BOULDER, CO 80302 4 COTTONWOOD HOLLOW COMMERCIAL METRO 700 17TH STREET, SUITE 2200 C/O MILLER & ASSOCIATES DENVER, CO 80202 FORT LUPTON FIRE (BOND 2022) P.O. BOX 333 C /0 JOHN DENT, ATTORNEY FORT LUPTON, CO 80621 FREDERICK-FIRESTONE FIRE (BOND 2022) 1627 EAST I8TH STREET PINNACLE CONSULTING GROUP LOVELAND, CO 80538 HIGH PLAINS LIBRARY 1939 61 ST AVENUE GREELEY, CO 80634-7940 HILLS METRO 93 141 UNION BOULEVARD, SUITE 150 C/O SPECIAL DISTRICT MGMT. LAKEWOOD, CO 80228-1898 LITTLE THOMPSON WATER (LTW) 835 E. HIGHWAY 56 BERTHOUD, CO 80513 LONGMONT CONSERVATION CITY OF LONGMONT 9595 NELSON ROAD CIVIC CENTER COMPLEX BOX D 350 KfMBARK STREET LONGMONT, CO 80501 LONGMONT, CO 80501 TOWN OF MEAD MOUNTAIN VIEW FIRE P.O. BOX 626 9119 E. COUNTY LINE ROAD MEAD, CO 80542 LONGMONT, CO 80501 NORTHERN COLORADO WATER NORTHERN FIRESTONE URBAN (NCW) RENEWAL #1 - 3 (NFURA) 220 WATER AVENUE P.O. BOX 100 BERTHOUD, CO 80513-9245 TOWN OF FIRESTONE FIRESTONE, CO 80520 SCHOOL DIST REl SCHOOL DIST REl I 14827 W.G.R. 42 (ST. VRAIN VALLEY) GILCREST, CO 80623 395 SOUTH PRATT PARKWAY LONGMONT, CO 80501 SOUTHERN FIRESTONE URBAN SOUTHERN FIRESTONE URBAN RENEWAL #1-9 (SFURA) RENEWAL #11-12 (SFURA) P.O. BOX 100 P.O. BOX 100 TOWN OF FIRESTONE TOWN OF FIRESTONE FIRESTONE, CO 80520 FIRESTONE, CO 80520 THE SPRINGS METRO SPRINGS SOUTH METRO 700 17TH STREET, SUITE 2200 700 17TH STREET, SUITE 2200 CIO MILLER & ASSOCIATES CIO MILLER & ASSOCIATES DENVER, CO 80202 DENVER, CO 80202 ST. VRAIN LEFT HAND WATER ST VRAIN SANITATION DISTRICT (SVW) 11307 BUSINESS PARK CIRCLE 9595 NELSON ROAD, SUITE 203 FIRESTONE, CO 80504 LONGMONT, CO 80501 SW WELD COUNTY LAW WATERFRONT AT FOSTER LAKE ENFORCEMENT AUTHORITY METRO 1, 2 & 3 1150 0 STREET 8005 S. CHESTER STREET, SUITE 150 GREELEY, CO 80631 CENTENNIAL, CO 80112 5 LONGS PEAK WATER DISTRICT 9875 VERMILLION ROAD LONGMONT, CO 80504 NEIGHBORS POINT METRO 700 17TH STREET, SUITE 2200 CIO MILLER & ASSOCIATES DENVER, CO 80202 PLATTEVILLE-GILCREST FIRE PO BOX 407 PLATTEVILLE, CO 90651-0407 SCHOOL DIST RES 301 REYNOLDS STREET FORT LUPTON, CO 80621 SOUTHERN FIRESTONE URBAN RENEWAL #14-16 (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO 80520 ST. VRAIN LAKES METRO #I - 4 CIO WHITE BEAR ANKELE, P.C. 2154 E. COMMONS AVE., SUITE 2000 CENTENNIAL, CO 80011 STONERIDGE METRO DISTRICT CIO COMMUNITY RESOURCE SRV 7995 EAST PRENTICE AVENUE SUITE 103E GREENWOOD VILLAGE, CO 80011 WELD COUNTY P.O. BOX 758 GREELEY, CO 80632-0758 RESOLUTION NO. 13-12 A RESOLUTION CONCERNING THE MEMBERSHIP, GOALS 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 as an advisory committee of the Board of Trustees in accordance with Section 2.04.130 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees by this resolution desires to increase the membership of the Committee and restate the membership, goals and responsibilities of the Finance Committee with corresponding revisions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. 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 four members, as follows: two members of the Board of Trustees and two 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 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 of terms 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 term of the vacating Committee member. A Committee member may be removed from the Committee for any reason by an affirmative vote of a majority of the entire Board of Trustees. D. Meetings: The Committee shall meet monthly unless there is no business for the Committee to consider. Regular meeting 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. Section 3. The Committee shall serve in an advisory capacity to Board of Trustees on matters concerning Town finances, budget, and financial reporting. The Committee's goals and responsibilities include, but are not limited to the following: A. Assisting with the development of the Town's annual budget. B. Monitoring the Town's budget and financial activities by periodically reviewing, discussing and making recommendations with respect to the Town periodic financial reports, including without limitation monthly and annual accounts payable and financial reports. C. Assisting with the development of financial policies for the Town and making recommendations to the Board of Trustees regarding the adoption of such policies. D. Assisting with the development of a long-range capital improvement plan and other plans and monitoring such plans. E. Reviewing the Town's annual audit before it is presented to the Board of Trustees. The review should include a discussion with Town staff and its independent auditors about accounting principles and practices and financial statement disclosures. F. Monitoring the Town's outstanding debt and debt cap and assisting with matters related to the issuance of new debt. G. Periodically reviewing the Town's investment portfolio and related reports and making recommendations to the Board of Trustees on investment practices, policies, and procedures. H. Assisting with the development of rate and fee schedules for Town services. I. Reviewing new Government Accounting Standards Board standards and other authoritative standards and assisting with the implementation of such standards. I Assisting with the development and implementation of internal controls, procedures and practices for financial, accounting and legal compliance. K. Receiving education on accounting, auditing and financial reporting issues. L. Monitoring the Town's independent auditors, including their qualifications, independence and performance. M. Monitoring the Town's internal auditing functions. 2 N. Serving as the Audit Committee for the Town and performing all duties and receiving all communications required of such committee pursuant to U.S. Generally Accepted Auditing Standards. 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. Portions of any prior resolutions inconsistent or conflicting with this resolution are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, and ADOPTED this 27�h day of February 2013. TOWN OF FIRESTONE, COLORADO STO,ycc TOWN C 10 Chad Auer Mayor yor ATTEST: a ti .,gip Rebecca. Toberman, Town Clerk 3 RESOLUTION NO. .3`[ 3 A RESOLUTION AMENDING THE 2013 BUDGET BY INCREASING THE APPROPRIATIONS IN THE PARK FUND. WHEREAS, the Board of Trustees of the Town of Firestone on December 12, 2012 adopted a budget for the 2013 calendar year per Resolution 12-37, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town has available and existing unappropriated fund balance in the Park Fund; and WHEREAS, a need exists to appropriate additional sums of money in the Park Fund to fund construction of a crusher fines trail around Central Park and to complete trail connections along Frontier Street; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to the 2013 budget authorized by this Resolution; and WHEREAS, the amended 2013 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 2013 Park Fund appropriation is hereby increased by $50,000.00, such appropriation corresponding to unanticipated expenditures. Such increased appropriation is funded by existing fund balance as allowed by State statutes. The distribution of the supplemental appropriation is as follows: Expenditures Account # Amount Trail Project 2830-460400-947 $50,000.00 INTRODUCED, READ AND ADOPTED this .tkk day of C-V 1 2013.. TOWN OF FI,RES`AONE, COLORADO �\�rGSTOIyF TOWN ;O SEAL 10 ad Auer r s� ayor Attest: 0c�.«.,...».,•.. OO OUP G T , 1 �{ I Rebecca Toberman Town Clerk Preliminary Development Plan CENTRAL PARK Plan Sheet Tarn of FrOnt— Wn1A Gunn M.I. I UIMAdO . -!-.I - I ° A Civic, Cultural and Community Center 3 Lt J'4"" Albert Frei & Sons, Inc P.O. Box 700 Henderson, CO 80640 PH: (303) 289-1837 Fax: (303) 289-2865 Email: sales@albertfreiandsons.com Quote will 10: T875 Town of Firestone/Public Works P.O. Box 100 Firestone, CO 80520 Contact: TheolBrenda Phone: Fax: Email: Quote 00027632 Page 1 of 3 Quote Date: 02/28/2013 Start Date : 02J2812013 Expire Date: 03130/2013 Ship To: Frontier (WCR 15) and Sable (WCR 22) P.O.# FOR SIDEDUMPS AND BELLIES ADD $1.Z6 MORE PER TON. MIIMUM HAUL CHARGED FOR ANYTHING LESS THAN 24 TONS ON TRAILER. TANDEM DELIVERIES IF REQUIRED CHARGED @ $76.00 PER HR, PORT TO PORT. IF WE ARE TO BE YOUR SUPPLIER QUOTE MUST BE SIGNED AND RETURNED VIA E-MAIL! FAX PRIOR TO EXPIRATION DATE OR PRICING is SUBJECT TO CHANGE. FUEL ESCALATR WOULD APPLY RATE, WE WOULBEGINNING D ON LAST MO DAY OF EACH MONTH REVIEW ROCKY MOUNTAIN DIESEL ON HIGHWAY FUEL INDEX FOR o/ TO HAUL DETERMINATION. Frei, Senior Project Manager 1 Sales. jfrei@albertfreiandsons.com Salesperson : Joe 15) and Sable (WCR 22) Comments: Public Works Order Description : Frontier (WCR Quote for Brenda Montoya Product D@SCrI tlon Quantity Unit Material Frei ht Sales Price Location Pith - Idaho Springs Crusher Fines 1,840 Tans 4.00 8.00 22,080 Pit 8- 72nd & Colorado Blvd Crusher Fines 0 TORS 9.50 0.00 0 Material Quantity: 1,840 Material Amount: 7,360 FreightAmount: 14,720 Total Amount: $22,080 Terms: Net 30. 1.5% finance charge per month (annual rate 18%) on unpaid balances outside of terms as stated. Delivery: Purchaser has the right to provide their own transportation. Haul rates are subject to minimum tonnage and wait time charges. Fuel Escalator: effective @ $4.25 per gallon and for every incremental increase of $0.25 thereof 30/. will be added to the delivered price. Fuel prices based on www.eia.gov Rocky Mountain diesel (on highway) for last Monday of previous month. Time Escalator: prices are based on the assumption that the project will be substantially completed within 12 months ('Period') of the Quote Date stated above. Unless otherwise noted the delivered price will increase by 6% at the end of the original period and for each additional period. Prices are not valid unless signed quote is retusignature via matlifam anilauihhin 3 days ofrepresenQuote o Date the company named above and that ve Acceptance at this Quotation: I certify by my I accept this quotation on behalf of the same company including prices, terms and conditions contained herein. Name Print: Signature: Date: Brenda Montoya From: Tim Cheever <tjcheever@I_GEVER1ST.com> Sent: Tuesday, March 05, 2013 6:22 PM To: Brenda Montoya; Theo Abkes Cc: Matthew Noteboom Subject: Aggregate Quotation - Town of Firestone - CR 15 and CR 22, Firestone CO Project Agr30513 ate Quotation -Town of Firestoi.ne - CR 15 and CR 22, Firestone CO Pro'eIVcIAOfERIALPRICE QUANTITY MATERIAL PRICE DELIVERED IN END TERIAL LGE PLANT (TONS) FOB PLANT ($ITON} DUMPS PER TON" Crusher Fines Rinn Valle 1,840 $ 5.40 Is 8.65 Delivery to CR 15 and CR 22, Firestone CO SPECIAL CONDITIONS: 1) Quoted prices do not include sales tax; all quantities quoted in English units. 2) Price quoted FOB CR 15 and CR 22, Firestone CO, effective through 10/31/2013, with safe &suitable access and egress for semi -tractor endlbelly dump trailers 25-ton minimum. 3) Materials produced from an alluvial deposit. 4) This quote is valid for 30 days due to freight, production and inventory assurance of ongoing sales. 5) This proposal and Special conditions accepted as part of the contract and so specified if a special contract form is used. Good Luck — Crusher Fines colors are tan and brown and will deliver a sample upon request. Let us know if there is anything more we can do. if there are any questions, please do not hesitate to call. Please contact me at our 88�h Avenue office - (303) 286-2242 or mobile- (303) 941-5095. Thank you, Tim Cheever L.G. Everist, Inc. 7321 East 881h Ave., Ste. 200 Henderson, CO 80640 Ph: (303) 286-2242 Fax: (303) 289-1348 Cell: (303) 941-5095 t'cheever l everist.com MLnKJ everist.com SAND & GRAVEL READY MIX CONCRETE 8120 GAGE STREET FREDERICK, CO 80516 PHONE: (303)666-6657 FAX: (303)666-6743 AGGREGATE QUOTE Date: March 7, 2013 Email (X) Phone ( ) Fax () Subcontract () Material (X) F.O.B.: JOB SITE Job: Town of Firestone -Public Works Project # Frontier St. & Sable Ave., Firestone Quoted By: Chris Varra Attention: Brenda Montoya MATERIAL OR SERVICES OFFERED DESCRIPTION UNIT UNIT PRICE Tan Crusher Fines 7 Ton 11.50* -Deduct $3.50/ton for FOB the Pit - Platteville 2,000 Pounds = 9 Ton INCLUSIONS: YES NO EXCLU51UNb: Bond X Testing and Traffic Control En ineenn X Taxes X Complete Items X EXPIRATION: Is Price Firm X Quote subiect to than a after 30 Escalation X Mobilization X hased from NOT I=: Notice re_uired within -_sevi '7� d4 s of * in� lots. fOneterial to be week advance cry notice of delivery must be level. *'Wait time of more than 5 minutes to be unloaded will be billed at 100.00 er hour in 15 minute increments.** Thank you for your business! UC(- TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO IN RE THE FIRST AMENDMENT TO THE SERVICE PLAN FOR THE GREENS METROPOLITAN DISTRICT, IN THE TOWN OF FIRESTONE, COUNTY OF WELD, RESOLUTION NO. 13- IL( RESOLUTION OF APPROVAL WHEREAS, pursuant to the provisions of Title 32, Article 1, Part 2, C.R.S., as amended, the Board of Trustees of the Town of Firestone, County of Weld, State of Colorado, following due notice, held a public hearing on the First Amendment to Service Plan for The Greens Metropolitan District (the "First Amendment") on the 10t' day of April, 2013; and WHEREAS, the Board of Trustees has considered the First Amendment and all other testimony and evidence presented at the hearing; and WHEREAS, based upon the testimony and evidence presented at or prior to the hearing, the Board of Trustees finds that the First Amendment should be approved in accordance with § 32-1-204 5(1)(c), C.R.S THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Board of Trustees, as the governing body of the Town of Firestone, Colorado, does hereby determine, based on representations by and on behalf of The Greens Metropolitan District formerly known as the Firestone Trails 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 an amendment to the service plan for the District have been fulfilled and that notice of the hearing was given in the time and manner required by the Town; Section 2. That, based on representations by and on behalf of the District, the Board of Trustees of the Town of Firestone, Colorado, has jurisdiction over the subject matter of the First Amendment pursuant to Title 32, Article 1, part 2, C.R.S., as amended; Section 3. That, pursuant to § 32-1-204.5, C.R.S., § 32-1-202(2), C.R.S., § 32- 1-203(2) and § 32-1-207(2), C.R.S., the Board of Trustees of the Town of Firestone, Colorado, does hereby find and determine, based on the First Amendment and other evidence presented by and on behalf of the District, that: (a) The First Amendment to confirm the District Court approval of the change of the name of the District to "The Greens Metropolitan District" will be in the best interests of the area proposed to be served. Section 4. That the First Amendment, as set forth in Exhibit A to this Resolution and with a submittal date of January 11, 2013, has been made and is hereby approved by the Town in accordance with § 32-1-204 5(l)(c), C.R.S. Section 5 That a certified copy of this Resolution shall be filed in the records of the Town of Firestone and submitted to the District for the purpose of filing in the Clerk and Recorder of Weld County, Colorado. RESOLVED, ADOPTED AND APPROVED this 101h day of April, 2013. ATTEST: �1RES TpN TpWN SEAL 10 U..601-0 j A".A� arissa edina, Town Clerk Pro-tem (SEAL) TOWN OF FIRESTONE, COLORADO SCTL"4--� Paul Sorensen, Mayor Pro-tem 2 C E R T I F I C A T E I, Carissa Medina, Town Clerk Pro-tem for the Town of Firestone, Colorado, do hereby certify that the above and foregoing is a true, correct and complete copy of a resolution adopted by the Board of Trustees of the Town of Firestone, Colorado, at a public meeting held on the 10 day of 2013. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the Town of Firestone, Colorado, this 16 day of Al2:3 i 1 , 2013. TOWN 1 p Carissa Medina, Town Clerk Pro-tem SEAL Q� •� O�Q o(J1V-51 G 3 EXHIBIT A (Copy of First Amendment) FIRST AMENDMENT TO SERVICE PLAN FOR THE GREENS METROPOLITAN DISTRICT IN THE TOWN OF FIRESTONE, COLORADO Submittal Date; Janumy 11, 2013 100514552.1) THE GREENS METROPOLITAN DISTRICT (f/k/a Firestone Trails Metropolitan District) FIRST AMENDMENT TO SERVICE PLAN The Service Plan for the Firestone Trails Metropolitan District (the "Service Plan") approved by the Town Board of the Town of Firestone, Colorado (the "Town") by Resolution 02-41 adopted by the Town on September 26, 2002 and approved by the voters of the District on November 5, 2002 was modified by the Order Confirming Change of Nacre to The Greens Metropolitan District approved by the Weld County District Court on June 17, 2003 a copy of which is attached hereto and incorporated herein by reference. The First Amendment is submitted for approval of the change of the name of the District and update to the Service Plan with the name as "The Greens Metropolitan District". The Town has jurisdiction to approve this First Amendment by virtue of Section 32-1-204.5 C.R.S., et seq., as amended and adopt a resolution of approval. The Service Plan for the Firestone Trails Metropolitan District is hereby amended by the change of the name of the District to THE GREENS METROPOLITAN DISTRICT. The remainder of the Service Plan shall remain in full force and effect as written and approved by the Town on September 26, 2002 by Resolution 02-41. 100514552.1 l - 2 - TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO CERTIFICATION OF MAILING NOTICE OF HEARING AND PUBLICATION THE GREENS METROPOLITAN DISTRICT FIRST, SECOND AND THIRD AMENDMENTS TO THE SERVICE PLAN, COUNTY OF WELD, STATE OF COLORADO IT IS HEREBY CERTIFIED by the undersigned, as follows: 1. That the Town of Firestone, Weld County, Colorado, did set a hearing for Wednesday, the 10" day of April, 2013, at 6:30 p.m., at 151 Grant Avenue, Firestone, Colorado, concerning the approval of the First, Second and Third Amendments to the Service Plan and related documents for The Greens Metropolitan District. 2. That, as a part of said action, directions were given that copies of the Notice of Public Hearing be mailed, by first class mail, not more than thirty days nor less than twenty days prior to said hearing, to interested persons, defined as follows: (1) the owners of record of all property within the proposed Title 32 districts as such owners of record are listed in the Weld County Assessors records; (2) the Division of Local Government; (3) the governing body of any municipality and special district which has levied an ad valorem tax within the next preceding tax year, and which has boundaries within a three (3) mile radius of the proposed district's boundaries. 3. That in compliance with said directions, a copy of the Notice, attached as Exhibit A, was deposited in the United States first class mail on March 15, 2013, to owners of record of ail property within the proposed Title 32 district; and the Division of Local Government; and governing body of any municipalities and special district which has levied an ad valorem tax within the next preceding tax year and which has boundaries within a three (3) nine radius of the proposed district's boundaries, as per the listings attached as Lxhibit B.- 4. That, as a part of said action, directions were given that the Notice of Public Hearing be published one time in a newspaper of general circulation within the proposed District. 5. That in compliance with said directions, a copy of the Affidavit of Publication, attached as Exhibit C, verifying publication of said Notice was published on March 19, 2013 in the Longmont Times -Call. IN WM ESS WHEREOF, I have hereunto set my hand this l 9th day "arch, 2013. Nanc VoaMMP ArnasotBoo]12417. 07MOOM 100506940.1) EIIEIIBIT A [NOTICE OF PUBLIC HEARING TO CERTIFICATION OF MALING NOTICE OF HEARING AND PUBLICATION] (00306940.1} STATE OF COLORADO, COUNTY OF WELD, TOWN OF FIRESTONE NOTICE OF PUBLIC HEARING IN RE THE FIRST, SECOND, AND THIRD AMENDMENTS TO SERVICE PLAN FOR THE GREENS METROPOLITAN DISTRICT, TOWN OF FIRESTONE, COUNTY OF WELD, COLORADO PUBLIC NOTICE IS HEREBY GMN that there has been filed with the Town of Firestone, Weld County, Colorado (the "Town"), a First Amendment to Service Plan, a Second Amendment to the Service Plan and a Third Amendment to the Service Plan for The Greens Metropolitan District (the "District"}. The First, Second and Third Amendments to the Service Plan, along with the original Service PIan, are now on file in the office of the Town Clerk, 151 Grant Avenue, Firestone, CO 80520, and the District, c/o Dufford & Brown, P.C. 1700 Broadway, Suite 2100, Denver, CO 80290, and are available for public inspection. NOTICE IS HEREBY FURTHER GIVEN that the Town Hoard of Trustees will hold a public hearing at 6:30 p.m. or soon thereafter, on Wednesday, the loth day of April, 2013, at 151 Grant Avenue, Firestone, CO 80520 for the purpose of considering the adequacy of the First Amendment, the Second Amendment and the Third Amendment to the Service Plan and to form a basis for a resolution approving, disapproving or conditionally approving the First Amendment, Second Amendment and Third Amendment to Service Plan for the District. By the First Amendment to Service Plan, the District confirms the name change of the District from Firestone Trails Metropolitan District to The Greens Metropolitan District. By the Second Amendment the District plans to: (a) change the boundaries of the District to reflect exclusion from the District of the "Hatuilton Property" from the Saddleback development, representing exclusion of approximate] y 100 acres_ and resulting in a remaining area within the District of approximately 45.93 acres, and (b) revise the date after which the Town shall have the right to require the District to dissolve. By the Third Amendment the District plans to (a) confirm the boundaries of the current boundaries of the District (b) restate and replace portions of Service Plan text relating to the issuance of debt, debt limits, required transfers of bond proceeds to Town, and other financial restrictions, limitations and requirements and update the Financing Plan of the Districts; and (c) allow for the issuance of Developer Bonds. The District's. current boundaries consist of approximately one hundred forty-five (145) acresand are generally located between the intersections of Pine Cone Avenue and Colorado Boulevard and fine Cone Avenue and Frontier Street, entirely within the boundaries of the Town. A precise description of the boundaries of District, including the current boundaries and the boundaries as proposed to be excluded under the Second Amendment to Service Plan, is on file in the offtees of the District and in the original Service Plan on file in the office of the Town Clerk. Further information may be obtained by contacting the District at Dufford & Brown, P.C., 1700 Broadway, Suite 2I00, Denver, CO 80290, (303) 861-8013. NOTICE IS FURTHER GIVEN that pursuant to § 32-1-203(3.5), C.R.S., as amended, the owner of real property within the District may file a petition with the Board of Trustees for the Town stating reasons why said property should not be included in the District and requesting that such real property be excluded from the District. Such petition maybe filed no later than ten (10) days before the day fixed for the public hearing on the service plan, but the Board of Trustees shall not be limited in its action with respect to the exclusion of territory based upon such request. Any such owner or other interested party may also appear at the hearing and be heard regarding the matter under consideration, or file .written comments or objections. Any such written comments or objections must be submitted at or prior to the public hearing or any continuance or postponement thereof in order to be considered. Publish on: March 19, 2013 Publish in: Longmont Times Call 100506940.1) MSP CORPORATION 720 S COLORADO BLVD, STE 94ON DENVER, CO 80246 AIMS JUNIOR COLLEGE P.O. BOX 69 GREELEY, CO 80632 CENTRAL COLORADO WATER ' SUBDISTRICT (CCS) 3209 WEST 28TH STREET GREELEY, CO 80631 . COTTONWOOD HOLLOW RESIDENTIAL METRO 700 17TA STREET, SUITE 2200 CIO MILLER & ASSOCIATES DENVER, CO 80202 TOWN OF FREDERICK P.O. BOX 435 FREDERICK, CO 90530 GODDING HOLLOW METRO 450 E.17TH AVENUE, SUITE 400 DENVER, CO 90203-1214 HILLS METRO #1 141 UNION BOULEVARD, STE 150 CIO SPECIAL DISTRICT MGMT. LAKEWOOD, CO 80229-1898 HD4KLE FARMS METRO DISTRICT 275 S. MAIN STREET, SUTIE 201 LONGMONT, CO 80501 EXHIBIT B Mailing list TOWN OF FIRESTONE 151 GRANT AV FIRESTONE, CO 80504 CARBON VALLEY REC 701 FIFTH STREET FREDERICK, CO 90530 CENTRAL WELD COUNTY WATER (CWC) 2235 SECOND AVENUE GREELEY, CO 80631 FORT LUPTON FIRE P.O. BOX 333 C /O J014N DENT, ATTORNEY FORT LUPTON, CO $0621 FREDERICK-FIRESTONE FIRE 5110 GRANITE STREET, SUITE C PINNACLE CONSULTING GROUP LOVELAND, CO 80538 . GREENS METRO 1700 BROADWAY, SUITE 2100 DUFFORD & BROWN, P.C. DENVER, CO 80290 HILLS METRO #2 141 UNION BOULEVARD, STE 150 CIO SPECIAL DISTRICT MGMT. LAKEWOOD, CO 90228-1898 LEFT HAND WATER 921 WALNUT STREET, SUITE 200 BOULDER, CO 80302 TOWN OF FIRESTONE 150 BUCHANAN P O BOX 100 FIRESTONE, CO 80520 CENTRAL COLORADO WATER (CCW) 3209 WEST 28TH STREET GREELEY, CO 90634 COTTONWOOD HOLLOW COMMERCIAL METRO 700 17TH STREET, SUITE 2200 C/O MILLER & ASSOCIATES DENVER, CO 80202 FORT LUPTON FIRE (BOND 2022) P.O. BOX 333 C /0 JOHN DENT, ATTORNEY FORT LUPTON, CO 80621 FREDERICK-FIRESTONE FIRE (BOND 2022) 5110 GRANITE STREET, SUITE C PINNACLE CONSULTING GROUP LOVELAND, CO 90538 HIGH PLAINS LIBRARY 1939 61 ST AVENUE GREELEY, CO 80634=7940 HILLS METRO #3 141 UN10N BOULEVARD, STE 150 CIO SPECIAL DISTRICT MGMT. LAKEWOOD, CO 80228-1898 LONGMONT CONSERVATION 9595 NELSON ROAD BOX D LONGMONT, CO 80501 MOUNTAIN VIEW FIRE NEIGHBORS POINT METRO NORTHERN COLORADO WATER 9119 E. COUNTY LINE ROAD 700 17TH STREET, SUITE 2200 (NCW) LONGMONT, CO 80501 CIO MILLER & ASSOCIATES 220 WATER AVENUE DENVER, CO 80202 BERTHOUD, CO 80513-9245 PLAT EVII,LE-GILCREST FIRE SCHOOL DIST REI SCHOOL DIST RE ll P.O. BOX 407 14927 W.C.R. 42 (ST. VRAIN VALLEY) PLATTEVILLE, CO 80651-0407 GILCREST, CO 80623 395 SOUTH PRATT PARKWAY LONGMONT, CO 80501 SCHOOL DIST RES 301 REYNOLDS STREET FORT LUPTON, CO 80621 SOUTHERN FIRESTONE URBAN RENEWAL 12 (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE CO 80520 SOUTHERN FIRESTONE URBAN RENEWAL 16 (SFURA) P.Q. BOX 100 TOWN OF FJRESMNE FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN RENEWAL 4 (SFURA) P.Q. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN RENEWAL 7 (SFURA) P.O. BOX Io0 TOWN OF FIRESTONE FIRESTONE, CO 80520 SPRINGS SOUTH METRO 70017TH STREET, SUITE 2200 CIO MILLER & ASSOCIATES DENVER, CO 80202 SOUTHERN FIRESTONE URBAN RENEWAL I (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN RENEWAL 14 (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN RENEWAL 2 (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN RENEWAL 5 (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN RENEWAL 8 (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO 80520 ST. VRAIN LEFT HAND WATER 959..5 NELSON ROAD, SUM 203 LONGMONT, CO 80501 SOUTHERN FIRESTONE URBAN RENEWAL I 1 (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN RENEWAL 15 (SFURA) P.O. BOX .100 TOWN OF FIRESTONE FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN RENEWAL 3 (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO 80520 SOUTHERN FIRESTONE URBAN RENEWAL 6 (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO $0520 SOUTHERN FIRESTONE URBAN RENEWAL 9 (SFURA) P.O. BOX 100 TOWN OF FIRESTONE FIRESTONE, CO 80520 ST VRAIN SANITATION 11307 BUSINESS PARK CIRCLE FIRESTONE, CO 80504 STONERWGE METRO DISTRICT THE SPRINGS METRO WELD COUNTY 3855 LEWISTON STREET, STE 140 70017TH STREET, SUITE 2200 P.O. BOX 758 CIO COMMUNITY RESOURCE SRV GO MILLER ROSENBLUTH, LLC GREELEY, CO 80632-0758 AURORA, CO 90011 DENVER, CO 80202 SUMMERFIELD HOLDINGS LLC ASTLE CONSTRUCTION INC SWEET PATRICK K 720 C COLORADO BLVD STE 94ON PO BOX 695 6959 PANORAMA AVE DENVER, CO 80246 LAFAYETTE, CO 80026 FIRESTONE, CO 80504 BRIZENDINE STEVEN HILLMAN 8782 PEAKVIEW AVE FIRESTONE, CO 80504 HARDMAN DIANNE N 602 S CHENTILLY ANAHEIM, CA 92806 MARKETPLACE METRO 2154 E. COMMONS AVE, STE 2000 CIO WHITE BEAR ANKELE, PC CENTENNIAL, CO 80122 MINERS VILLAGE METRO #3 2154 E. COMMONS AVE, STE 2000 C/O WHITE BEAR ANKELE, PC CENTENNIAL, CO 80122 BRIZENDINE MONICA KAY 8782 PEAKVIEW AVE FIRESTONE, CO 80504 CARRIAGE HILLS METRO 2154 E. COMMONS AVE, STE 2000 CIO WHITE BEAR ANKELE, PC CO 80122 MINERS VILLAGE MRTRO # 1 2154 E. COMMONS AVE, STE 2000 CIO WHITE BEAR ANKELE, PC CENTENNIAL, CO 80122 PLATTE VALLEY CONSERVATION 57 W. BROMLEY LAND BRIGHTON, CO 80601 HARDMAN 0 CLYDE 602 S CHENTILLY ANAHEIM, CA 92806 TOWN OF DACONO PO Box 186 512 CHERRY STREET DACONO, CO 80514 MINERS VILLAGE METRO #2 2154 E. COMMONS AVE, STE 2000 CIO WHITE BEAR ANKELE, PC CENTENNIAL, CO 80122 BXMBIT B Mailing List CERTIFICATE OF MAILING I hereby cerltfy that on the 15th day of March, 2013, a true and correct copy of the foregoing NOTICE OF PUBLIC HEARINGS FOR THE GREENS METROPOLITAN DISTRICT was placed in the United States Mail, postage prepaid by return receipt mail, addressed to the following: Summerfield Holdings, LLC Attn: Marcus Palkowitsh Suite 940N 720 S. Colorado Blvd, Denver, CO 80246 MSP Corporation Attn: Marcus Palkowitsh Suite 940N 720 S. Colorado Blvd. Denver, CO 80246 Castle Construction, Inc. Attn: Larry Blanchard P.O. Box 695 Lafayette, CO 80026 Patrick K. Sweet 6959 Panorama Avenue Firestone, Colorado 80504 Steven Hillman & Monica Key Brizendine 8782 Peakview Avenue Firestone, CO 80504 Clyde 0. and Dianne N. Hardman 602 S. Chentilly Anaheim, CA 92806 Lavern L. & Karen A. Hamilton P.O. Box 18 Firestone, CO 80520 (00506940.1) • ExHmff C [AFFIDAVIT OF PUBLICATION TO CERTIFICATE OF MAILING NOTICE OF HEARING AND PUBLICATION] { 00306940.1) AFFIDAVIT OF PUBLICATION TiMA" CALL State of Colorado County of Boulder 1, the undersigned agent, do soiectftly swear that the LONGMONT TIMES -CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months next prior to the first publication of the annexed legal notice of advertisement, that said newspaper has been admitted to the United States mails as seoond-class hatter under the provisions of the Act of March 3, 1879, or any, amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado; that a copy of each number of said newspaper, in which said notice of advertisement was published, was transmitted by mail or carrier to each of the subscribers of said newspaper, according to the accustomed mode of business in this office, The annexed legal notice or advertisement was published in the regular and entire edition of said daily newspaper once, and fhat one publication of said notice was in the issue of said newspaper dated March 19, 2013. l5 fr Agent Subscribed and sworn to before me this 19th day of March, 2013 in the County of Boulder, State of Colorado. It"Z.0 Account #304356 Ad #5582340 Fee $56.63 STA•1E OF COLORADO, COUNTY OF WELD, - 01HN'OFF REBTONE� p•,r'q�, . .l 'R'e.'T lRi$. SECOND, ANP Tiilllp'?t1EF1fjlAEfiTB. To AFRYlCE PLAN Fort THE+;�REi�NB:: q. ToF..' LITAN DISTRICT, tttn t IFF,: FIRAOT1E:- COUNTY OF WEtD, . RU4E,t No"CE • f8 ""By �1VEN .tlrol.'rlhtils -has barn -[glad- 4M .Ahs Town of Flregloge, Wald County, Colorado (the 704,- a Fvst Amardmerd 10 13efV; o Ptar!I b second Mtendmerd to the Senlce Plan als>i ■ '110d.Arpendmant'..ta the Santee Plan tar The Gre0lis.•f11e1rApo0farr District' (the District'), Tho•' FjK saaarrd and Third Amendments to tt;a 9erHca ,Plan, along With the or[glnal Serv- la - P1 pr are. how on file In Its ethea of the ici f me1 A... a. Fnestans. CO hd'- Sec - avglla 111 for pub0o Ina IS•. F�Afi87,.F11t1TlteR_ Gl1raN .that iord! OY •Tnrstsos ,.sill •.hold a p� At':6;�b.-p,m.. or scare .theraetler, ry;: the! 1QIh :•daayy, of Aprif:.2013 at •Avon, . Hlreritone, CO 0320 pe6loj.'ooneldedng' tha,'aifegUnhl wOrnort, Abs.,Bepdnd Am t yea Third -ArnsnafnaK,, to the - and"to.;Win'a bests 46r a Iresel g, die. FPraYing - or cvndltior Amendment to Service gy the First Amendment TFlslrlvt oonllrrrra the D[stdet from Flradtone Iatrlel to the aroene 13y its. Second Amend - is to: {ej change Me; Ind. to reflect eylchmen: the 'Namlit" Praparty' :dpyrrlrtplilenE fepreean!-, I r>dmatety,;'100 res ac- and• I Ihfttg',,.jjte,, •within the .illy AC0: Beim$, and er`:whfch .-rh TOM ahO I tetra !!te' alktrlet sw as. I` An1sr[dm@t1t- the. lystrttt refatt6g' to ttie [mans of debt;' debt 11mit=, 123" bansiam of • bond proeoode to Town, and other ItdanoW rastriatlons, 1lmltetiona and . raqum lrsants and update . the Financing Pion of th's Obtrtcta; and (cj .allow for the Issuance of Developer [lands. Tna. D4sWta current boondarfes consist of appnoxlnl8tely ens _ hrmdred forty-five (145) lame -end are 6peneralty locatbd bgtrmah rho' rilarnacaens e1 Pine . [aria Avenue and Cat* of ;the ?oaliil:. A" idge descrtpllon of Nt L boir'rlae _.al : Iha ' Dlatrlot; ino[uding the ounefi4 boundwiec bnd � the:. b6ondarles aa1 picpgttdgd uoltaw.. the recce d� 4megdrpt jt to •, SeNlca etana Is. oft • fDe h,' the, aldlae-ol qte plldrfaI and in'qu3-:original-serve: lao-•Plan on Fla .In. the olhci.•d1 the Toa*, C{4ifa"; •`Further Irdoimalkn,. may bo abiailned! 4y-contanlfng !+a D]strlet a, Danced & 13mwn: P t2 • I rttDBtoadwaY. Burnt 2100, Uei+wr. CO' cage (s11sy3 IS PU a. __-ilk [�tnM 011110111 •tnet puMrenS m 2 t.203(3.5}, R.R.sas. amended, the am. er :bf roal properly ;6[n the DlsUn lot miRe. a pe6tlon VA the board at Trustees roe the Tohrn atattngg reasons why said property should - not bo Included In the Distdot and re�� quealing that suoh real property be aitduddd' from the 17kkle1 • Such peftn may be •tiled no later lhan tan (1a) days bafota the day Pot&d fqq1 -the• public heating. on the servhe �but the Board of Tnmtess 061 not be ' III .us aChon VAtk respect to the Mild- alaru of%'tonliory "based.. upon , spoh request PAT such-.aWaer: Or othtrr. lotena#-d party . may 1rja%or. ' urlitef 'oonaldprotlon, or, .omiMentg ,or. objection.- Any . eomrliiihis or ablectioha moat 8t or;ptloi•10 the public hearing kwtuq:- ;or p0elponamord . tharaol, Ad#5562340 RESOLUTION NO. 1 5~15 A RESOLUTION SETTING FORTH CERTAIN POLICIES CONCERNING THE TIMING OF TRANSFERS OF RAW WATER TO THE TOWN WHEREAS, the Town of Firestone owns and operates a potable water supply system, and requires that sufficient raw water be transferred to the Town in connection with the provision of Town water service; and WHEREAS, the ordinances of the Town and, in certain cases, applicable annexation agreements set forth requirements for the transfer of raw water to the Town; and WHEREAS, the Board of Trustees desires to establish policies regarding the timing of raw water transfers that will promote efficient development within the Town, promote efficient utilization of water and the Town water system, avoid speculative transfers of water, ensure the proper administration of the Town's water activity enterprise, and ensure that there are no increased burdens upon the Town or its citizens as a result of raw water transfers made in connection with development occurring or to occur within the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The following sets forth the Town's policies with respect to the timing of transfers of raw water to the Town, and raw water may be transferred to the Town prior to approval of a Final Plat or Final Development only upon compliance with all of the following terms and conditions: A. The transfer shall be for the benefit of property wholly annexed to the Town and for which a Preliminary Plat has been approved by the Board of Trustees. B. All water transferred to the Town shall be whole shares of Colorado -Big Thompson (CBT) project water, or such other water as the Town in its sole discretion may accept. C. The transfer shall be accompanied by an agreement between the Town and all landowners of the property for which the transfer is made. The agreement shall: a. Assign the water that is transferred to the Town to a specific, legally described parcel of property that has an approved Preliminary Plat covering the entirety of the property. After the transfer is made, the water transferred may not be assigned to another property. 1 b. Establish Firestone as the owner of the water being transferred. c. Establish a "pool" from which the Town will administer the water, on a first come first served basis, to meet the water dedication obligations for Final Plats(for residential subdivisions) or Final Development Plans(for commercial buildings) in the order they are approved. D. The transfer amount shall not exceed 75% of the then current amount of water that would be required for development of the proposed land uses and densities as identified on the Preliminary Plat and Preliminary Development Plan. In the case of commercial development, the transfer shall not exceed three (3) shares of CBT project water, or such other water as the Town in its sole discretion may accept, per gross acre of commercial development. E. The Town's acceptance of such transfer shall not be construed to require the Town approval of, or otherwise limit or impair the Town's authority with respect to, any subdivision or other land development application for the parcel to which the water is assigned. Further, acceptance of the transfer shall not limit or impair the Town's ability to revise, amend, or change the water dedication requirements for development applications between the time of the transfer and the time of approval of a Final Plat or Final Development Plan for all or part of the parcel to which the water is assigned. F. The party requesting the Town accept the transfer shall be responsible for any administrative, engineering, or planning costs or legal fees associated with the processing of the transfer request, as well as any costs of administering the water transferred to the Town that are incurred between the time of transfer and the time the Final Plat or Final Development Plan dedication requirement is met. G. As used herein, the term "person" shall include any "subdivider" and any "person" as defined, respectively, in Sections 16.04.020 and 1.7.08.350 of the Firestone Municipal Code. Section 2. The policy set forth in this Resolution applies only to the dedication of raw water to the Town and does not apply to payments of cash -in -lieu of dedication. All such payments shall be made at the time of recording of the Final Plat or Final Development Plan for the property served, unless the Town in its sole discretion approves payment at a later time, and shall be paid at the rate in effect at the time payment is due. Section 3. Each person requesting the Town accept an early transfer of raw water shall make application therefor on a form provided by the Town Clerk, and shall by execution of such application acknowledge and agree to the terms and conditions set forth in this Resolution. No 2 transfer of raw water shall be made until the application therefor, and any accompanying agreement, has been approved and executed on behalf of the Town. Section 4. Resolution No. 02-08 entitled "A Resolution Setting Forth Certain Policies Concerning the Timing of Transfers of Raw Water to the Town" and adopted February 14, 2002 is hereby repealed in its entirety. INTRODUCED, READ, AND ADOPTED thisday of A, 2013. ATTEST: �`RES�ro TOWN m SEA, 10 o IT T1', ParissaMedina�., Town Clerk Pro-tem TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor Pro-tem RESOLUTION NO. 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 requires that seventy-five percent (75%) of the water dedication requirement be met by dedication of water and that twenty-five percent (250/0) of the dedication requirement 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, which rate shall be equivalent to one hundred and ten percent (1100/0) of the then -current purchase price of acre-foot units of Colorado Big Thompson ("CBT") water; and WHEREAS, the Board of Trustees previously approved a resolution setting the payment rate at $8,900.00 per acre-foot of CBT water; and WHEREAS, based on current information regarding the average purchase price for shares of CBT water, the Board of Trustees desires to set a new cash -in -lieu payment rate; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Effective upon the adoption of this resolution, the payment rate for payments of cash -in -lieu of water rights dedications shall be $10,700.00 per acre-foot unit of Colorado Big Thompson ("CBT") water. 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 DAY OF , 2013. F�R�s ro� 7,OWN gr � m SBA, rt � ATTEST: O �� Carissa Medina, Town Clerk Pro-tem TOWN OF FIRESTONE, COLORADO UC�) oa��� Paul Sorensen, Mayor Pro-tem P ON. j t t !6 9 Pn-, COLORADO CIVIL GROUP, INC. Englnaft Ca wrtantt TO: Mr. Wes LaVanchy, Manager, Town of Firestone FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer QD DATE: March 26, 2013 SUBJECT: CBT Share Cash -in -Lieu PROJECT No.: 0668.0000.02 Memo In March of 2012 the Board of Trustees set the cash -in -lieu amount of CBT water dedication at $8,900.00 per Share based on then current average sales prices. We recently reviewed the current CBT sales information that Julie Pasillas was able to obtain from Northern Water. Though process have fluctuated greatly in the past year they are trending upward. The purchase price for each transaction are not always listed and one thing that we have noticed is that most of the sales being reported between November 2012 and the end of March 2013 is that most of the transactions involve less than 10 Shares and that only three transfers were for more than 20 Shares. A February sale of 20 Shares was for $8,5001Share, a December sale of 58 Shares was for $8,0001Share, and March sale of 25 Shares was for $13,5001Share. From November through March the average sale price for transactions involving less than 10 Shares was closer to $10,5001Share. That disparity makes it difficult to determine a true value for the resource. However, from November 2012 through March 2013 there were 138 Shares sold for an average price of $9,7461Share. The Firestone Municipal Code (1.08.050 A.6.) allows the Town to charge 110% of the then current sale price of CBT Shares. Based on this current information we are recommending the Town establish a new cash -in -lieu amount of $10,700.00 per CBT Share. Let me know if there is any additional information I can provide. COLORADO CIVIL GROUP, INC. • 1413 W. 2911 Street • Loveland, Colorado 80538 9 970-278-0029 0 montrily Activity Acquirer Supplier Purpose PriorUre Units Terms Average Sale Price Notes/Comments Mar-12 Fort Collins -Loveland Water District Irrigator Munici al Ini atiort 4 $ 8,200 $ 8,140 Fort Collins -Loveland Water District Irrigator Municipal Irrigation 70 $ 8,200 Town of Frederick Irrigator Municipal Irrigation B $ 8,500 Town of Frederick Irrigator Municipal Irrigation 1 Transfer for taps Ci of Loveland AHI Longmont Inc. Municipal Inactive 173 $ 8.100 City of Loveland IAHI Longmont Inc. Municipal Inactive 13 $ 8.100 Town of Pierce llryigator Municipal Irri atton 1 Transfer for taps Apr-12 Central Weld County Water District Platte Valley Irriciatior Municipal Irrigation 28 Transfer for taps $ 9,924 *Transaction was part of Northern Water's auction of 100 forfeited CBT units. Auction was held March rs 2012 and Transfers were finalized at Northern Walers April board Meeting, C4 of Dacono Irrigator Municipal Inactive 1 Transfer for taps Fort Collins -Loveland Water District Private Entity Municipal Municipal 50 $ 8,500 Irrigator Irrigator Irrigation Irrigation 5 NA Ini atop Irrigator Irrigation Irrigation 1 $ 9.002 Irrigator* Irrigator Irrigation Ini ation 1 1 $ 8,336 Irrialor' Irrigator Irrigation Irrigation 20 $ 8,235 Irrigator" City of Loveland Municipal Irrigation 60 $ 8,216 Irrigator* Little Thompson WD Municipal Irrigation 1 B $ 8,203 Ci of Loveland Irrigator Municipal Irrigation 1 Transfer for taps Town of Lyons Irrigator Municipal Irrigation 13 $ 9,043 Town of Lyons Irri aior Munira al Irrigation 1 Transfer for taps Town ,ofLyons Irrigator Municipal Irrigation 4 $ 9,5b0 NorthernWeld County Water District Iniciator Munici at Irrigation 10 $ 9 500 M3y-12 Town of Hudson Ini ator Municipal Irrigation 17 $ 9,000 $ 8,708 City of Loveland Irrigator Municipal Irrigation 7 $ B4O0D Private Party,Private Party Irrigation Inactive 1 NA Jun-12 Fort Collins -Loveland Water District Irri ator Municipal Irrigation 50 $ 8,500 $ 8,5DD An additional units were moved to the inactive account in hvo transfers. Fort Collins -Loveland Water District Irrigator Municipal Irrt atiort 20 $ 8,500 Fort Collins -Loveland Water District Irrigator Municipal Irrigation 25 $ g 500 North Poudre Ini ation Co. Irrigator Industrial Im ation 1 Transfer forte s Jui-12 City ofDacono Irrigator Municipal Orrigation 1 Transfer forte s $ 8,797 Fort Collins -Loveland Water District Irrigator Municipal Irrigation 12 $ 8.500 Fort Collins -Loveland Water District Irrigator Municipal Irrigation 40 $ 8.500 Fort Collins -Loveland Water District Irrigator Municipal Irrigation 10 $ 8.500 Fart Collins -Loveland Water District Irrigator Municipal Irri anon 5 $ 8,500 Town of Frederick Irrigator Municipal Irrigation 50 $ 9,000 Town of Frederick Irrigator Municipal Irrigation 5 $ 8,500 Irrigator Irrigator Irrigation Irrigation 10 $ 9,800 Town of Nunn Irrigator Municipal Irri alion 1 $ 10,000 Aug-12 City of Fort Morgan Irrigator Municipal Irrigation 1 $ 9,000 $ 9,417 City of Fort Morgan Irrigator Munici al Inactive 5 $ 9,000 City of Fort Morgan Irrigator Municipal lnacWe 30 $ 9,500 Town of Platteville Irrigator Municipal Irrigaeon 10 Transfer for laps Town of Windsor Irrigator Municipal Irrigation 10 Transferforta s Sep-12 Central Weld County Water District Irrigator Municipal Ini atiort 90 $ 10,050 $ 10,145 Central Weld County Water District Irrigator Municipal irrigation 5 $ 10,000 Central Weld County Water District Irrigator Municipal Inactive 3 $ 10,000 Town of Frederick Irrigator Munici al lm ation 63 $ 10,500 Town of Hudson Irrigator Municipal Inactive f f $ 9,000 City of Lafayette Ini afar Municipal Irrigation 37 Transfer for laps Longs Peak WD Ird aior Municipal Inactive 1 $ 10,150 Town of Windsor IlrTiciator Municipal Irrigation 50 Transfer for taps Oct-12 Town of Frederick Irrigator Municipal lIrrigation 121 Transfer forte s $ Town of Frederick Irrigator Municipal Irrigation 1 I Transfe Cityof Greele N. Weld CounWD Municipal Municipal 26inistrtive Tae City of Lafayette Irrigator Municipal Irrigation 13 Transfer for taps Nov-12 Private Company Irrigator Irrigation Irrigation 1 $ 10,500 $ 9,019 $ to,500 Private Company Inri ator Irrigation Irrigation 5 $ 10,500 $ 52,500 City of Loveland Private Company Municipal Irrigation 20 $ 8,500 $ 170,000 City of Berthoud Lone Tree Foundatioi Municipal Irrigation 60 Donated as gift Town of Frederick Irrigator Municipal Irrigation 1 $ 10,500 $ 10,500 Dec-12 Fort Collins -Loveland Water District Irri ator Municipal Ini ation S $ 11,000 $ 8,397 'This transaction was negotiated in SepVOct 2012. Average price of afl units: S8,3971unit (includes the 58 unites negotiated lest fall. With those units excluded, the average price is S10,6771unit). $ 55,000 Fort Collins -Loveland Water District Irrigator Municipal Irrigation 2 $ 11,000 $ 22,000 Town of Frederick Irrigator Municipal Irrigation 5 Transfer for taps *Irrigator Irrigator Irrigation Irrigation 58 S 8,000 $ 464,000 City of Lon mont Irrigator Municipal Irrigation 3 $ 10,000 $ 30,000 Jan-13 Fort Collins -Loveland Water District Investor Municipal Inactive 4 $ 10,500 $ 10,833 An additional 6 Units transferred between private entities with use and price remaining undisclosed. $ 42,000 Little Thompson Water District Irrigator Municipal Irrigation 6 $ 11,000 $ 66,000 Little Thompson Water District Irrigator Municipal Irrigation 2 $ 11,004 $ 22,000 Feb-13 North Weld County Water District Irrigator Municipal Irrigation 40 NA $ 10,500 t er.com> I have one purchase I am sfo trying atfo to Per Marta n (Ia rn st Ong on sending 4e1 Pdce on {I am stalling as sending the report out because this pending Infonnatfon involves 40 units), but will send H tomorrow regardless of whether I get a response. Meanwhile, what I do have for February Is at $10,5001unit. City of Lafayette Irrigator Municipal Irrigation 15 Transfer for taps Longs Peak Water District Irrigator Municipal Inactive 3 $ 10,500 $ 31,500 Little Thompson Water District Irrigator Municipal Inactive 3 $ 10,500 $ 31.500 Mar-13 Not available yet Not available yet Not ava]labl0 yet Not avallabte yet 25 $ 13,500 $ 13,500 Per Marta Weismagq cmarta@5tratwater.coma Also most likely of Interest to you ... have heard a lot of bun abcul a run up In prices on March transfers. I was able to confirm that 25 units sold at $13,500 - but I don't know yet how these compare to other sales in the same time period. $ 337,500 138 $ 1,345,000 $ 9 746.38 RESOLUTION NO. 13-_I_+- 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 April 10, 2013; 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 Included in Base Water Charge Per 1,000 Gallons Size Charge Rate (Gallons) Gallons Rate Residential 5/8" $18.17 -0- 3/4" $27.86 -0- 1" $46.02 -0- 1- I /2" $90.82 -0- 2" $146.53 -0- Residential 0-5,000 $1.71 5,001-20,000 $3.03 Above 20,000 $4.85 Commercial, Industrial, Irrigation, Mobile Home Parks 5/8" 3/4" 199 1-1/2" 217 3" 6" Commercial & Industrial Irrigation Only Mobile Home Parks $18.17 -0- $27.86 -0- $46.02 -0- $90.82 -0- $146.53 -0- $273.68 -0- $913.06 -0- All usage $2.67 All usage $4.06 All usage $3.03 Out —of Base rates and gallon charges for any out-of-town service shall be Town Rates two times the in -Town rates and charges. 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. 2 Capital Meter Size Connection Fee CWCWD Investment and Repair Fee Town Capital Investment Fee CWCWD Total 5/8" $ 5,800 $ 1,000 $ 4,000 $ 10,800 3/4" $ 7,700 $ 1,500 $ 6,000 $ 15,200 1" $12,500 $ 2,500 $10,000 $ 25,000 1-1/2" $23,000 $ 5,000 $20,000 $ 48,000 2" $36,400 $ 8,000 $32,000 $ 76,400 Connection and capital investment and repair fees as well as any other fees for taps requiring a meter Iarger 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 $ 2.50 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 5/8" 3/4" 1" 1-1/2" Commercial 1-1/2" Irrigation 2" Commercial 2" Irrigation Meter & Yoke Fee $ 1,006.37 $ 1,042.55 $ 1,313.02 $ 3,753.71 $ 2,819.87 $ 4,942.64 $ 3,607.50 Seetion 5. This Resolution shall become effective on April 10, 2013. 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 t,0 ATTEST: r ��SiOH� TOWN 1 { SEAL o .......... NTY, Larissa Medina, Town Clerk Pro-tem 4 DAY OF , 2013. TOWN OF FIRESTONE, COLORADO all Paul Sorensen, Mayor Pro-tem RESOLUTION NO. 13 - i� A RESOLUTION ESTABLISHING VOLUNTARY WATERING RESTRICTIONS FOR RESIDENTIAL, COMMERCIAL AND HOA-OWNED PROPERTIES WHEREAS, the Board of Trustees finds that drought conditions within the State of Colorado are impacting and threatening the Town's available and potential future water supplies; and WHEREAS, the Board of Trustees finds that, in order to protect the Town's available and potential future water supply — which is wholly dependant upon yields of the Colorado -Big Thompson Project — it is necessary for the Town to reduce its water usage; and WHEREAS, the Board of Trustees finds that the voluntary watering restrictions and other provisions regarding water use which are set forth herein will serve to reduce water usage within the Town and assist in alleviating existing drought conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby encourages all consumers, persons and property owners receiving potable water service from the Town water system to commit to the following voluntary watering restrictions: A. Voluntary Watering Restrictions for Residential and Commercial Lawns and Landscape Areas: 1. Lawn and landscape area watering for residences and commercial properties with an even numbered address is recommended on Mondays, Wednesdays, Fridays and Sundays only. 2. Lawn and landscape area watering for residences with an odd numbered address is recommended on Tuesdays, Thursdays, Saturdays and Sundays only. 3. Lawn and landscape area watering is recommended between the hours of 6:00 p.m. and 10:00 a.m. B. Voluntaly Watering Restrictions for Homeowner Association HOA -owned Common Areas Parks Open Space, and Tracts: I . Lawn and landscape area watering for HOA-owned common areas, parks, open space, and tracts is recommended on Mondays, Wednesdays, Fridays and Sundays only. 2. Lawn and landscape area watering is recommended between the hours of 6:00 p.m. and 10:00 a.m. Section 2. This Resolution and the voluntary watering restrictions set forth herein shall become effective on June 1, 2013. 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 day of c , 2013. TOWN OF FIRESTONE, COLORADO (OP//�TY, NC EALqChad Auer, Mayor ATTEST: .. "'I)n L A je& Rebecca Toberman, Town Clerk 2 RESOLUTION NO. 13- 11 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE STREET MEDIA NOS.1 AND 2 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 Street Media Nos. 1 and 2 Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. 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. 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 June 26, 2013 at 6:30 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, 01 and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 8th day of May, 2013. STp�F TgWN Chad Auer ayor ATTEST: ;y SEAL. Q � � •f O Rebecca Toberman Town Clerk 5/312013 11,47 AM[kmk]S-TirestonelAnnexationVStreet Media I and 25SubComp_res-doe 2 EXHIBIT A LEGAL DESCRIPTION Street Media Nos. 1 and 2 Annexation A description of STREET MEDIA ANNEXATION NO. 1 being tract of land located in the E 112 of the NE1 /4 of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION STREET MEDIA ANNEXATION NO. 1 A tract of land located in the E112 of the NEIA of Section 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the E1/4 Corner of said Section 10, from which the Northeast Corner of said Section 10 bears N00°28'41 "E, 2638.44 feet (Basis of Bearing), thence N89°46'06"W, 50.20 along the South Line of said NEIA of Section 10, to a point on the Westerly Right -of -Way Line of Colorado Interstate Highway I-25; thence N00°29'24"E, 10.00 feet along said Westerly Right -of - Way Line to the POINT OF BEGINNING; Thence continuing N00°29'24"E, 109.00 feet along said Westerly Right -Of -Way Line; Thence N89°46'06"W, 202.83 feet along a Line which is Parallel with said South Line of the NEIA of Section 10; Thence S00°28'41 "W, 109.00 feet to a point on a Line which is 10.00 feet Northerly of and Parallel with said South Line of the NE I A of Section 10; Thence S89°46'06"E, 202.80 feet along said Parallel Line to the POINT OF BEGINNING. Area = 22,107 square feet (0.508 acres), more or less. A description of STREET MEDIA ANNEXATION NO.2 being tract of land located in the E1/2 of the NEI/4 of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC A description of STREET MEDIA ANNEXATION NO.2 being tract of land located in the E1/2 of the NEI A of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION STREET MEDIA ANNEXATION NO.2 A tract of land located in the E1/2 of the NEIA of Section 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the E1/4 Corner of said Section 10, from which the Northeast Corner of said 3 Section 10 bears N00°28'41 "E, 2638.44 feet (Basis of Bearing), thence N89°46'06"W, 50.20 along the South Line of said NE1/4 of Section 10, to a point on the Westerly Right -of -Way Line of Colorado Interstate Highway 1-25; thence N00°29'24"E, 10.00 feet along said Westerly Right - of -Way Line; thence N89°46'06"W, 202.80 feet along a Line which is Parallel to said South Line of the NE1/4 of Section 10 to the Southwest Corner of Street Media Annexation No. 1 and the POINT OF BEGINNING; Thence N00°28'41 "E, 109.00 feet along the West Line of said Street Media Annexation No. 1 to the Northwest Corner thereof, Thence N89°46'06"W, 200.30 feet along a Line which is Parallel to said South Line of the NEIA of Section 10, to a point on the West Line of that certain Parcel of land conveyed to R.H. Daggett and Jane L. Daggett by Warranty Deed recorded under Reception No. 1446636 in Book 525 of the Weld County Records; Thence S00°27'52"W, 109.00 feet along said West Line to a point on a Line which is 10.00 feet Northerly of and Parallel with said South Line of the NE1/4 of Section 10; Thence S89°46'06"E, 200.27 feet along said Parallel Line to the POINT OF BEGINNING. Area = 21,831 square feet (0.501 acres), more or less. 19 RESOLUTION NO. 13-_Zo A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE McMURRAY 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 McMurray Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. 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(l)(g),-110(2) or -112, C.R.S. 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 June 26, 2013 at 6:30 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 81h day of May, 2013. t FIRES r0 ,..• Tow,,, Chad Auer Mayor ATTEST: m S O o^........ ' } o OG ,COS T Rebecca Toberman Town Clerk 5/31200 t L02 AM[kmk]$:TirestonelAnnexationWcMunay15u6Comp.res.doc 2 EXHIBIT A LEGAL DESCRIPTION McMurray Annexation A description of McMURRAY ANNEXATION being tract of land located in the E 1 /2 of the NE 1 A of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION McMURRAY ANNEXATION A tract of land located in the E112 of the NE1 /4 of Section 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the Northeast Corner of said Section 10 from which the N114 Corner of said Section 10, bears N89°50'5 1 "W, 2641.06 feet (Basis of Bearing), thence N89°50'51 "W, 450.00 feet along the North Line of said NE1/4 of Section 10; thence S00°28'41"W, 1967.50 feet along a Line which is 450.00 feet Westerly of and Parallel with the East Line of said NE1/4 of Section 10; to the POINT OF BEGINNING; Thence continuing S00°28'41 "W, 217.80 feet along said Parallel Line; Thence S89°50'51 "E, 399.89 feet along a Line which is Parallel with said North Line of the NE1/4 of Section 10 to the Westerly Right -of -Way Line of Colorado Interstate Highway I-25; Thence N00°29'24"E, 217.80 feet along said Westerly Right -of -Way Line; Thence N89°50'51 "W, 399.94 feet along a Line which is Parallel with said North Line of the NE1/4 of Section 10 to the POINT OF BEGINNING. Area — 87,100 square feet (2.000 acres), more or less. �I RESOLUTION NO. 13-21 A RESOLUTION APPROVING THE 2013 FIRESTONE, COLORADO MASTER PLAN WHEREAS, pursuant to C.R.S. § 31-23-206, the Firestone Planning and Zoning Commission has prepared certain amendments to the Firestone, Colorado Master Plan, which amendments are incorporated in and presented as the 2013 Firestone, Colorado Master Plan; and WHEREAS, on May 15, 2013, the Commission held a properly noticed public hearing on the proposed 2013 Firestone, Colorado Master Plan, at which interested persons presented testimony to the Commission and at which certain documents were made a part of the record; and WHEREAS, based upon the testimony and documents presented at such public hearing, the Commission thereafter by Resolution No. PC-13-10 adopted the 2013 Firestone, Colorado Master Plan; and WHEREAS, the Board of Trustees desires to approve the 2013 Firestone, Colorado Master Plan; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the 2013 Firestone, Colorado Master Plan. Section 2. A certified copy of the 2013 Firestone, Colorado Master Plan shall be filed with the Clerk and Recorder of Weld County. INTRODUCED, READ, and ADOPTED this 22nd day of May, 2013. ATTEST: �fi�STQN TOWN I SEAL • O la O� . cps NTl', T Rebecca Toberman, Town Clerk TOWN OF FI STON 0 E, COLORADO C Chad Auer, Mayor RESOLUTION NO. 13-22 A RESOLUTION APPROVING AMENDMENTS TO THE FIRESTONE DEVELOPMENT REGULATIONS FOR DEVELOPMENT PROJECTS WITHIN THE TOWN OF FIRESTONE WHEREAS, C.R.S. § 31-23-214 authorizes the Town to adopt regulations governing the subdivision of land within the Town's jurisdiction; and WHEREAS, C.R.S. § 31-23-301 et seq. authorizes the Town to establish zoning districts and adopt zoning regulations; and WHEREAS, C.R.S. § 24-67-101 et seq. authorizes the Town to allow for planned unit developments within the Town and to adopt planned unit development regulations; and WHEREAS, pursuant to such authorities, the Town has adopted subdivision, zoning and planned unit development regulations as codified in Titles 16 and 17 of the Firestone Municipal Code and in the Firestone Development Regulations, as amended; and WHEREAS, pursuant to such statutes and Sections 16.04.050 and 17.04.020 of the Firestone Municipal Code, the Town desires to adopt amended Firestone Development Regulations, which amended Regulations are intended to replace all previously adopted and published versions of the Firestone Development Regulations, and any amendments thereto; and WHEREAS, the amended Firestone Development Regulations establish standards and procedures relating to the subdivision of land and zoning and development matters within the Town, and implement the provisions of Titles 16 and 17 of the Firestone Municipal Code; and WHEREAS, the Firestone Planning Commission has held a duly -noticed public hearing regarding revisions to Firestone Development Regulations regarding the subject matter of this resolution, and the Town Board has considered such recommendation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. There is hereby approved and adopted the Firestone Development Regulations, version dated May 2013, which regulations shall be known and referred to as the Firestone Development Regulations. A copy of such May 2013 version of the Firestone Development Regulations accompanies this Resolution and shall be placed in the Town permanent file together with a copy of this Resolution. Section 2. Alt applicants for subdivision, zoning, rezoning or development shall be advised as to the existence of the Firestone Development Regulations, and a copy thereof shall be made available to such applicants. Section 3. The Firestone Development Regulations approved and adopted by this Resolution are intended to and shall replace, as of the effective date of this Resolution, all previously adopted and published versions of the Firestone Development Regulations, and any amendments thereto, and such previously adopted Regulations and amendments thereto are hereby repealed. Such repeal shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such prior regulations or amendments thereto, and each provision thereof shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. If any portion of the Firestone Development Regulations approved and adopted by this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of such Regulations. The Town Board hereby declares that it would have approved and adopted such Regulations and each part thereof irrespective of the fact that any one part be declared invalid. Section 5. If prior to the effective date of this Resolution, the Board of Trustees has granted an extension of time to an applicant to file or record final annexation documents, an Outline Development Plan, Final Development Plan, Final Plat, Preliminary Development Plan, or Preliminary Plat, such extension approved by the Town Board shall remain valid and effective. INTRODUCED, READ, and ADOPTED this 22°d day of May, 2013. ��RES xpN rawN M1 SEAL 10 ATTEST: Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COLORADO C Chad Auer, Mayor 2 ATTACHMENT E FIRESTONE DEVELOPMENT REGULATIONS Town Board Resolution No. 13-22, approving amendments to the Firestone Development Regulations for Development Projects within the Town of Firestone adopted May 22nd, 2013. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 1.0 Introduction........................................................................................................................1 1.1 Application to Town Projects................................................................................1 2.0 Development Application Process................................................................................... 2 2.1 General Development Assistance........................................................................ 2 2.2 Pre -Application Conference..................................................................................2 2.3 Codes, Policies and Controlling Documents.......................................................3 2.4 Fees and Charges.................................................................................................. 3 2.5 Development Application Form............................................................................ 3 2.6 Duplication of Submittal Requirements...............................................................4 2.7 Neighborhood Meeting.........................................................................................4 2.8 Planning Commission and Town Board Schedules ........................................... 5 2.9 Development Review Scheduling........................................................................6 2.10 Graphic Convention and Document Submittal Protocol....................................7 2.11 Protocol Regarding Title Commitments.............................................................10 3.0 Public Hearings and Meetings........ .11 3.1 Notification............................................................................................................11 3.2 Public Hearing Testimony Format......................................................................11 3.3 Executive Sessions..............................................................................................13 3.4 Public Meetings....................................................................................................13 4.0 Annexation.......................................................................................................................14 4.1 Pre -Application Submittal Conference...............................................................14 4.2 Application Notebook..........................................................................................14 4.3 Development Cost Agreement............................................................................14 4.4 Vicinity Map..........................................................................................................15 4.5 Annexation Petition..............................................................................................15 4.6 Annexation Agreement....................................................................................15 4.7 Title Commitment.................................................................................................15 4.8 Legal Description.................................................................................................15 4.9 Tax Certificate......................................................................................................16 4.10 Water Rights Questionnaire................................................................................16 4.11 Fiscal Impact Analysis.........................................................................................16 4.12 Environmental Assessment................................................................................16 4.13 Response Letter...................................................................................................16 4.14 Annexation Map....................................................................................................16 4.15 Outline Development Plan...................................................................................20 4.16 First Application Submittal.................................................................................. 20 4.17 Application Review by Staff................................................................................20 4.18 Application Substantially Complete...................................................................20 4.19 Review Comments to Applicant..........................................................................20 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) IV 4.20 Second Submittal Requirements........................................................................20 4.21 Processing Schedule...........................................................................................20 4.22 Referral Mailings..................................................................................................21 4.23 Resolution of Substantial Compliance...............................................................21 4.24 Neighborhood Meeting........................................................................................21 4.25 Annexation Impact Report ................................................................................... 21 4.26 Publications..........................................................................................................21 4.27 Notification to Owners of Interest and to Mineral Estate Owners...................22 4.28 Notification to Surrounding Property Owners...................................................23 4.29 Special District Inclusion Certifications.............................................................23 4.30 Property Posting.................................................................................................23 4.31 Posting Log...........................................................................................................24 4.32 Staff Report for the Planning Commission........................................................ 24 4.33 Planning Commission Meeting........................................................................... 24 4.34 Third Submittal Requirements............................................................................25 4.35 Staff Report for the Town Board.........................................................................25 4.36 Town Board Meeting............................................:...............................................25 4.37 Final Document Preparation, Review and Recording.......................................26 4.38 Publication of Ordinances...................................................................................27 5.0 Zoning............................................................................................................................28 5.1 Standard zoning Districts...................................................................................28 5.2 Vested Rights.......................................................................................................28 6.0 Planned Unit Developments...........................................................................................29 6.1 Intent...................................................................................................................... 29 6.2 General Provisions...............................................................................................30 6.3 Pud Zoning........................................................................................................... 30 6.4 Pud Density...........................................................................................................31 6.5 Size of a Pud.........................................................................................................31 6.6 Conditions and Standards for Approval............................................................ 31 6.7 Amendments to an Outline Development Plan ................................................. 34 6.8 Amendments to the Preliminary Development Plan.........................................34 6.9 Amendments to the Final Development Plan .................................................... 35 6.10 Recording of Amendments................................................................................. 36 6.11 Temporary Structures..........................................................................................36 6.12 Temporary Uses................................................................................................... 36 6.13 Control of Development.......................................................................................39 6.14 Variances.............................................................................................................. 39 7.0 Outline Development Plan..............................................................................................40 7.1 Pre -Application Submittal Conference...............................................................40 7.2 Application Notebook..........................................................................................40 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) ff 7.3 ODP Cover and Text Sheets................................................................................41 7.4 ODP Map Sheets...................................................................................................45 7.5 First Submittal Requirements.............................................................................47 7.6 Application Review By Staff................................................................................47 7.7 Application Substantially Complete...................................................................47 7.8 Review Comments to Applicant..........................................................................47 7.9 Second Submittal Requirements........................................................................48 7.10 Processing Schedule...........................................................................................48 7.11 Referral Mailings..................................................................................................48 7.12 Neighborhood Meeting........................................................................................48 7.13 Publications..........................................................................................................48 7.14 Notification to Owners of Interest and to Mineral Estate Owners ...................49 7.15 Notification to Surrounding Property Owners ................................................... 50 7.16 Special District Inclusion Certifications............................................................. 50 7.17 Property Posting.................................................................................................50 7.18 Posting Log..........................................................................................................51 7.19 Staff Report for the Planning Commission........................................................ 51 7.20 Preparation for Planning Commission...............................................................51 7.21 Planning Commission Meeting...........................................................................51 7.22 Third Submittal Materials.................................................................................... 52 7.23 Publications..........................................................................................................52 7.24 Notification to Owners of Interest and to Mineral Estate Owners ................... 52 7.25 Notification to Surrounding Property Owners...................................................53 7.26 Property Posting by Applicant............................................................................ 53 7.27 Posting Log..........................................................................................................54 7.28 Staff Report for the Town Board......................................................................... 54 7.29 Preparation for the Town Board Hearing........................................................... 54 7.30 Town Board Meeting............................................................................................54 7.31 Final Document Preparation, Review and Recording.......................................56 7.32 Publication of Ordinances and Referendum Period ......................................... 56 8.0 Preliminary Development Plan....................................................................................... 57 8.1 Pre -Application Submittal Conference............................................................... 57 8.2 Application Notebook.......................................................................................... 57 8.3 Response Letter...................................................................................................60 8.4 PDP Cover and Text Sheets................................................................................ 60 8.5 PDP Map Sheets...................................................................................................68 8.6 First Submittal Requirements............................................................................. 75 8.7 Application Review by Staff................................................................................75 8.8 Application Substantially Complete...................................................................76 8.9 Review Comments to Applicant ............................ ,.......................................... 76 8.10 Second Submittal Requirements........................................................................76 8.11 Referral Mailings.................................................................................................. 76 Firestone Development Regulations May 2013 JB Resolution No. 13-22) iv 8.12 Processing Schedule...........................................................................................76 8.13 Neighborhood Meeting.......................................................................................77 8.14 Publications..........................................................................................................77 8.15 Notification to Owners of Interest and to Mineral Estate Owners ................... 77 8.16 Notification to Surrounding Property Owners ................................................... 78 8.17 Property Posting.................................................................................................78 8.18 Posting Log..........................................................................................................79 8.19 Staff Report for The Planning Commission.......................................................79 8.20 Preparation for Planning Commission...............................................................79 8.21 Planning Commission Meeting...........................................................................79 8.22 Third Submittal Materials.................................................................................... 80 8.23 Publications......................................................................................... .............80 8.24 Notification to Owners of Interest and to Mineral Estate Owners ................... 80 8.25 Notification to Surrounding Property Owners ................................................... 81 8.26 Property Posting by Applicant............................................................................ 81 8.27 Posting Log..........................................................................................................82 8.28 Staff Report for the Town Board......................................................................... 82 8.29 Preparation for the Town Board Hearing.......................................................... 82 8.30 Town Board Meeting............................................................................................82 8.31 Final Document Preparation and Review...........................................................83 9.0 Preliminary Plat................................................................................................................85 9.1 Pre -Application Submittal Conference...............................................................85 9.2 Application Notebook.......................................................................................... 85 9.3 Response Letter...................................................................................................87 9.4 Preliminary Plat Map Sheets............................................................................... 87 9.5 Utility Plans...........................................................................................................93 9.6 Processing............................................................................................................93 10.0 Final Development Plan..................................................................................................94 10.1 Overall FDP...........................................................................................................94 10.2 Pre -Application Submittal Conference...............................................................94 10.3 Application Notebook.................................................................... .................. 94 10.4 Response Letter...............................................................................................97 10.5 FDP Cover and Text Sheets................................................................................ 97 10.6 FDP Map Sheets.................................................................................................106 10.7 First Submittal Requirements...........................................................................114 10.8 Application Review by Staff..............................................................................114 10.9 Application Substantially Complete.................................................................114 10.10 Review Comments to Applicant........................................................................115 10.11 Second Submittal Requirements......................................................................115 10.12 Referral Mailings........................................................................................ ....115 10.13 Processing Schedule......................................,.................................................115 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) v 10.14 Neighborhood Meeting......................................................................................115 10.15 Publications........................................................................................................116 10.16 Notification to Owners of Interest and Mineral Estate Owners......................116 10.17 Notification to Surrounding Property Owners.................................................117 10.18 Property Posting...............................................................................................118 10.19 Posting Log........................................................................................................118 10.20 Staff Report for the Planning Commission......................................................118 10.21 Planning Commission Meeting.........................................................................118 10.22 Third Submittal Materials..................................................................................119 10.23 Publications............................................................................ ..........................119 10.24 Notification to Owners of Interest and to Mineral Estate Owners.................120 10.25 Notification to Surrounding Property Owners...............:.................................120 10.26 Property Posting by Applicant..........................................................................120 10.27 Posting Log........................................................................................................121 10.28 Staff Report for the Town Board.......................................................................121 10.29 Town Board Meeting..........................................................................................121 10.30 Final Document Preparation, Review and Recording.....................................122 10.31 Publication of Ordinances and Referendum Period.......................................123 11.0 Final Plat.........................................................................................................................124 11.1 Pre -Application Submittal Conference.............................................................124 11.2 Application Notebook........................................................................................124 11.3 Response Letter.................................................................................................127 11.4 Final Plat Map Sheets........................................................................................127 11.5 Utility Plans.........................................................................................................132 11.6 Subdivider's Agreement ................................................................................133 11.7 Improvements.........................................:...........................................................133 11.8 Contractor's License..........................................................................................133 11.9 Maintenance........................................................................................................133 11.10 Transfer and Warranty...................................................................................133 11.11 Processing..........................................................................................................134 11.12 Deposit for Incremental Drilling Costs.............................................................134 12.0 Minor Subdivision..........................................................................................................135 12.1 Pre -Application Submittal Conference.............................................................135 12.2 Application Notebook........................................................................................135 12.3 Response Letter.................................................................................................136 12.4 Final Plat Map Sheets........................................................................................136 12.5 Subdivider's Agreement....................................................................................142 12.6 Processing..........................................................................................................142 13.0 Preliminary Utility Plans................................................................................................143 13.1 Pre -Application Submittal Conference.............................................................143 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) vi 13.2 Application Notebook........................................................................................143 13.3 Response Letter.................................................................................................145 13.4 Preliminary Utility Plan Sheets.........................................................................145 13.5 Preliminary Utility Plan Processing..................................................................148 14.0 Final Utility Plans...........................................................................................................149 14.1 Pre -Application Submittal Conference.............................................................149 14.2 Application Notebook........................................................................................149 14.3 Response Letter.................................................................................................151 14.4 Final Utility Plan Sheets.....................................................................................151 14.5 Subdivider's Agreement....................................................................................158 14.6 Final Utility Plan Processing.............................................................................158 15.0 Permitted Uses Within A Pud.......................................................................................160 15.1 Land Use Categories..........................................................................................160 15.2 Employment Center...........................................................................................160 15.3 Regional Commercial.........................................................................................162 15.4 Neighborhood Center........................................................................................164 15.5 Residential-C......................................................................................................166 15.6 Residential-B......................................................................................................166 15.7 Residential-A......................................................................................................166 15.8 Agriculture-B......................................................................................................166 15.9 Agriculture-A......................................................................................................167 15.10 Open Space.........................................................................................................168 15.11 Conservation......................................................................................................169 15.12 Land Uses Permitted in all Land Use Categories............................................170 15.13 Accessory Land Uses........................................................................................171 15.14 Land Uses Subject to Special Conditions.......................................................173 15.15 Prohibited Land Uses........................................................................................173 16.0 Development Standards............................................................................................175 16.1 Density................................................................................................................175 16.2 Outdoor Storage.................................................................................................179 16.3 Architecture........................................................................................................180 16.4 General Standards.............................................................................................180 16.5 Fences.................................................................................................................182 16.6 Mechanical Equipment.................................................................. ..................184 16.7 Signage...............................................................................................................184 16.8 Off -Street Parking Requirements......................................................................184 16.9 Circulation...........................................................................................................186 16.10 Typical Roadway Sections................................................................................187 16.11 Non -Motorized Circulation................................................................................193 16.12 Landscaping.......................................................................................................193 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) vii 16.13 Park Land Dedication.........................................................................................197 16.14 Park and Trails Development...........................................................................197 16.15 Utilities................................................................................................................197 16.16 Floodplains, Hazard Areas and the Natural Environment..............................198 16.17 Residential Architectural and Site Planning Standards.................................199 16.18 Single and Multi -Family Developments............................................................199 16.19 Residential Architectural and Site Planning Guidelines................................199 16.20 Crime Prevention Design Standards................................................................202 17.0 Operational Standards................................................................... ..... 206 17.1 Intent.................................................................................................................... 206 17.2 Vibration..............................................................................................................206 17.3 Air Pollution........................................................................................................206 17.4 Materials Handling............................................................................................206 17.5 Odors...................................................................................................................206 17.6 Electromagnetic Radiation................................................................................206 17.7 Fire and Explosion.............................................................................................207 18.0 Conditional Use Permits ....... ......................................................... 208 18.1 Pre -Application Submittal Conference.............................................................208 18.2 Development Application..................................................................................208 18.3 Cost Agreement and Funds Deposit Agreement............................................208 18.4 Vicinity Map........................................................................................................208 18.5 Title Commitment...............................................................................................209 18.6 Tax Certificate....................................................................................................209 18.7 Water Rights Questionnaire..............................................................................209 18.8 Borrow Pit.......................................................................................................209 18.9 Review Criteria...................................................................................................210 18.10 Mining..................................................................................................................210 18.11 Reservoir Construction.....................................................................................211 18.12 Oil and Gas Production.....................................................................................211 19.0 Building Permit Process...............................................................................................212 19.1 Building Permit...................................................................................................212 19.2 Certificate of Occupancy...................................................................................212 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) viii EXHIBITS TownCode: Title 16........................................................................................................ A TownCode: Title 17........................................................................................................ B ........................... Definitions...................................................................................... ...... C Development Flow Chart ................................................................................................. D DocumentList................................................................................................................. E Feesand Charges........................................................................................................... F CostAgreement.............................................................................................................. G Development Application................................................................................................ H FirestoneStreet Grid........................................................................................................ Firestone Public Hearing Process................................................................................... J Fiscal Impact Report Form.............................................................................................. K Water Rights Questionnaire............................................................................................. L AnnexationPetition......................................................................................................... M Annexation Agreement.................................................................................................... N Annexation Submittal Requirements............................................................................... O Referral Mailing Cover Sheet and Addresses................................................................. P PostingLog..................................................................................................................... Q ODP Submittal Requirements......................................................................................... R PDP, Preliminary Plat and Preliminary Utility Plans Submittal Requirements ...:............ S Addressing Convention................................................................................................... T FDP, Final Plat and Final Utility Plans Submittal Requirements ..................................... U SubdivisionAgreement................................................................................................... V CertificationForms......................................................................................................... W Water Dedication Note & Calculations........................................................................... X Firestone Parks Design Criteria Manual.................................................................. Y Firestone Development Regulations May 2013 JB Resolution No. 13-22) IX 1.0 Introduction The Firestone Development Regulations ("Development Regulations") have been adopted by the Firestone Town Board of Trustees in order to: ■ provide a clear and efficient development application and review process for all land development applications; ■ to assist in the implementation of the Firestone Comprehensive Plan and adhere to its goals; ■ to assure that all necessary information is available to the decision making bodies; ■ to assist in the orderly planning for and implementation of the Town's growth and development policies; and ■ to assist in the internal control of document records and archives. Many aspects of the development process are addressed in these Development Regulations and the information has been presented to work in conjunction with the Town of Firestone Municipal Code and other related documents. For general reference, Title 16 Subdivision and Title 17 Zoning of the Town Code have been included in this document as Exhibits A and B, respectively. The Town Code is subject to change independently from changes to these Development Regulations so for specific information it should be referenced independently. Terms not specifically defined in this document and/or the Firestone Municipal Code are. defined in Exhibit C. In the case of a conflict between this document and the Firestone Town Code, the more restrictive provision shall control. Where appropriate, the development review and processing information specified herein has been provided in chronological order. 1.1 Application to Town Projects As a matter of public health, safety and welfare, the Town shall not be subject to the processing requirements set forth in these Regulations. However, the Town in its discretion may hold one or more public meetings or hearings to review and consider Town projects. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 1 2.0 Development Application Process This section describes the steps necessary to process various development applications in Firestone. A simplified general reference graphic flow chart depicting the various components of the general development process for annexation, rezoning, subdivision and development in the Town of Firestone is shown in Exhibit D. 2.1 General Development Assistance The Planning Coordinator is available for general questions regarding these Regulations, general development processing questions or general information regarding the Town of Firestone. The Planning Coordinator will contact other Town Staff, such as the Town Planner or Town Engineer, for specific additional development information, if required. 2.2 Pre -Application Conference Applicants requesting annexation, initial zoning, rezoning, subdivision, site planning, planned unit development, conditional use permit, special use permits or utility plan approval are encouraged to attend a pre -application conference with the Planning Coordinator prior to making a formal request for such action. The Planning Coordinator may request that the Town Planner or the Town Engineer also attend the pre - application meeting. The Applicant is encouraged to consult with area service providers and utility companies to receive any comments they may have before the conference, as appropriate. It is recommended that the applicant prepare a sketch plan showing existing and proposed major use areas, public uses and major roadways. The sketch plan should, as appropriate, also show adjoining land uses and streets. The purpose of the pre -application conference is: A. To acquaint the Applicant with the Development Regulations, Design Criteria and Construction Specifications Regulations, the Town Code, and other pertinent documents. B. To inform the Applicant of the submittal requirements necessary for the application. C. To inform the Applicant of any associated fees or charges that may be associated with the application. At the pre -application conference, the Applicant is encouraged to utilize and complete a checklist of submittal requirements shown in Exhibits R, S and U. The checklist generally specifies the list of pertinent submittal requirements appropriate for the Firestone Development Regulations May 2013 JB Resolution No. 13-22) 2 application. Also, the Town will discuss which referral entities are required to be provided with a copy of the application. In the case of multiple applications, which is required in many cases (such as Final Development Plan, Final Plat and Final Utility Plans) only one pre -application conference needs to be held for all applications, provided all submittals are covered at the meeting. To schedule a pre -application conference, contact the Planning Coordinator at 303-833-3291. 2.3 Codes, Policies and Controlling Documents As noted above, there are other documents related to various development processes within the Town. These documents are available for inspection from the Town Clerk, or may be purchased or copied as described in Exhibit E. This Exhibit is not an exhaustive list of all documents that may govern a particular development. 2.4 Fees and Charges Fees and charges associated with various development processes in Firestone are shown in Exhibit F. Most development processing in the Town functions on a direct cost reimbursement arrangement. The Town's standard format documents for this reimbursement arrangement are known as a Cost Agreement and Funds Deposit Agreement, which are shown as Exhibit G. When appropriate, the Planning Coordinator will fill in the missing information on these documents and transmit them to the Applicant, after the pre -application conference. These documents are subject to change only by the Town Manager. Pursuant to the Firestone Municipal Code, the Exhibit F schedule of fees and charges is subject to revision by the Town Manager. The most current schedule is available at Town Hall and on the Town's website and the amount of the costs associated with the Funds Deposit Agreement will be based on the most current schedule. Pursuant to the Firestone Municipal Code, the Town Manager is also authorized to require that a Cost Agreement and Funds Deposit Agreement include other costs related to a development which are not otherwise established by schedule. Such costs may include, for example, extraordinary publication or document preparation costs or costs for specialized services, such as geotechnical, traffic, telecommunications or lighting engineering or consulting. 2.5 Development Application Form The Development Application Form, shown as Exhibit H, assists Town Staff in creating a more effective and efficient means by which the Town processes development review. Town Staff can assist the Applicant in filling out this form at the Pre -Application Firestone Development Regulations May 2013 JB Resolution No. 13-22) 3 Conference. The Development Application has a signature block that notes the applicant has read pertinent sections of these Development Regulations. 2.6 Duplication of Submittal Requirements Development submittal requirements are as shown for each individual submittal application. In cases where two or more types of applications are being processed concurrently (e.g. Final Development Plan and Final Plat) any individual submittal requirement, which may be required for each application, does not need to be submitted more than once (e.g. Title Reports required for both an Annexation and an Outline Development Plan). 2.7 Neighborhood Meeting A key component of the Firestone development process is the neighborhood meeting. These meetings have been established and are encouraged by the Town in order to promote citizen participation in the development process. A neighborhood meeting may specifically be requested by Town Staff for certain residential developments located adjacent to rural areas, certain industrial developments, and other developments that may have the potential to have a significant impact on the surrounding area. Town Staff will notify the Applicant in instances when a neighborhood meeting is requested. The purpose of neighborhood meetings is to receive input and participation from adjacent property owners and residents of the community about the Applicant's proposed development plan so that appropriate revisions, if any, may be incorporated into the plan prior to the review by the Town. Furthermore, it is intended that the neighborhood meeting will provide an opportunity for the Applicant to interact with the residents of the neighborhood and citizens of the community, outside of the formal public hearing process. The Applicant shall check with the Planning Coordinator before selecting a meeting time and place in order to avoid scheduling conflicts. Once the neighborhood meeting is scheduled, it shall be the responsibility of the Applicant to notify all property owners and homeowners associations, within 300 feet of the Applicant's property of the time, place and nature of the meeting. This notification shall be at least 7 days prior to the date of the meeting. Town Staff will prepare the notice and a copy of such notice will be sent to the Applicant upon request. Town Staff may request that the notice of such meeting also be hand delivered to certain other entities. The Applicant shall provide to Town Staff a notarized mailing affidavit stating that the mailed notice has been completed and a list of all parties notified. The Applicant shall hold the meeting prior to any Town administrative action or Planning Commission action on the proposed development application. Town Staff will not be responsible for conducting the meeting. The role of Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 4 Town Staff in the neighborhood meeting process is to be available to assist in providing information regarding the process. Town Staff will also be available for technical support with regards to Town policies, design standards and development requirements. The Applicant is encouraged to be thoroughly prepared to answer a variety of questions from the public pertaining to the proposed development. Preparation for the neighborhood meeting should include, at a minimum, the following: A. A graphic presentation depicting the layout and design of the proposed development. B. A "development fact sheet" including such items as the size of the proposed project, proposed land uses, number of dwelling units, density of project, building heights, parking requirements, land dedication, open space acreage, public recreation opportunities or facilities, park planning, trail connections, etc. C. A "statement of intent" explaining how the proposed development will be compatible with the surrounding land uses and what steps the Applicant has taken to insure compatibility with the neighborhood and community. Note: Such neighborhood meetings in no way replace the formal public hearing or other formal review processes of the Town. Documents and discussions at the neighborhood meeting are not part of the formal public hearing record, however, Town staff may include the "sign -in' sheet and a summary of the town staffs notes from the meeting in any Staff Report prepared for a Planning Commission or Town Board meeting. The Applicant has the right to forgo such meetings if the Applicant considers such meetings as unproductive or hostile. 2.8 Planning Commission and Town Board Schedules The processing of development applications is directly tied to the agenda availability of both the Planning Commission and Town Board. The regular meeting times for each entity are shown below. As these times are subject to change, please contact the Planning Coordinator to confirm their applicability. A. Planning Commission The Planning Commission has one regular meeting per month: • Third Wednesday of Each Month, 6:30 p.m. Town Hall Firestone Development Regulations May 2013 (TB Resolution No. 13-22) B. Town Board of Trustees The Town Board has two regular meetings per month: • Second Wednesdav of Each Month. 6:30 D.m. Town Hall • Fourth Wednesday of Each Month, 6:30 p.m. Town Hall 2.9 - Development Review Scheduling The following are the Town's general policies relative to scheduling land use applications for public hearings: A. No land use application is scheduled on the Planning Commission Agenda until the application is determined to be substantially complete by Town Staff and the required information is submitted to the Town. B. An application will not be heard by the Town Board until the application has been presented to the Planning Commission (if a Planning Commission meeting is required pursuant to the Town Code and these Regulations) and the Planning Commission has made a recommendation with respect to the application. C. Except for unique circumstances major land use matters are typically scheduled for the Town Board on the fourth Thursday of each month. D. The development application and corresponding Staff Report are transmitted to the Planning Commission and Town Board the Friday prior to the scheduled meeting, unless otherwise approved by Town Staff. The Planning Commission and Town Board will receive all submitted documents, except construction drawings and certain associated engineering reports. Staff reports are made available to the applicant at the time they are transmitted to the Planning Commission or Town Board. Draft resolutions are typically provided to the Planning Commission and Town Board the day of the Public Hearing. Such resolutions are formal documents that consider all Town Staff recommendations up to the date of the public hearing. These resolutions are provided to the Applicant prior to the public hearing by the Planning Coordinator. E. No development application will be heard before the Planning Commission or Town Board unless the development application is processed consistent with Firestone Development Regulations May 2013 JB Resolution No. 13-22) 6 these Development Regulations. Town Staff shall confirm that the application materials are complete and in order for both the Planning Commission and the Town Board Public Hearings. Any application for which complete application materials are not received by 4:00 p.m. seven days prior to the hearing (not counting the day of the hearing) may be removed from the agenda by the Planning Commission Secretary or Town Clerk. F. To the extent required by C.R.S. § 29-20-108, final Town action on any application of a public utility or a power authority providing electric or natural gas service that relates to the location, construction, or improvement of major electrical or natural gas facilities, as defined in that section, shall be taken within 120 days after submission of a preliminary application, if a preliminary application (such as a PDP) is required by these Regulations, or within 90 days after submission of a final application. This section shall not be construed to supersede any timeline for review and action on such an application that is set by agreement between the Town and the public utility or power authority. In addition to any written agreement that may be made concerning such timeline, a consent to a continuance on behalf of the utility or authority made on the record of the Town Board or Planning Commission hearing shall be deemed the agreement of the utility or authority to any extension of the 90- or 120-day deadlines that result from such continuance. No timeline under such statute shall begin to run until the submitted application has been determined complete as provided in these Regulations. 2.10 Graphic Convention and Document Submittal Protocol The following general graphic convention and submittal protocol shall be adhered to for all development submittal documents and materials. A. All 24-inch by 36-inch sheets (except for Preliminary and Final Utility Plans) shall have the following Title Block located at the top center of each sheet: Type of Submittal (e.g. Outline Development Plan) PROJECT OR DEVELOPMENT NAME Planned Unit Development (delete this line if not a PUD) Phase or Filing Number Sheet Title Town of Firestone Weld County State of Colorado Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 7 Sheet of B. All 24-inch by 36-inch sheets shall have the following Firestone Information Block located at the bottom right of each sheet (except for the Preliminary and Final Utility Plans which only need the Information Block on the Cover Sheet). The location of this Information Block must be adjoining the right border of all sheets and within 4-inches of the bottom right corner of the sheet. The Information Block shall be comprised of fonts that are no smaller than 19 points in size. Use 19-inch font for all text unless otherwise noted Place Development Name Here (using 19-inch font) Place Sheet Title Name here (using 20-inch font) Name of Application: Type of Submittal: Filing Number: Phase Number: Preparation Date: Revision Date: Revision Date: Revision Date: Revision Date: Revision Date: Sheet of Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 8 Note: If sheets are resubmitted without revisions responsive to Town comments, the application will be put on processing hold until the sheets are revised and correctly dated, or until the applicant provides a written explanation for the lack of revision. All revision dates shall be current. Revision dates shall be on a sheet -by -sheet basis. The cover sheet, however, shall indicate the latest revision date of any sheet in the plan set. C. When paper copies of 24-inch by 36-inch sheets are submitted to the Town, all sheets shall be folded into an approximate 12-inch by 12-inch size, with the printed side of the bottom right hand corner of the first sheet visible. Folded this way the Firestone Information Block will be visible. Typically, such folded sheets are placed inside the required submittal notebooks. D. For Utility Plans, mylar drawings or other drawings that may be too thick to fold, they should be rolled with the printed side of the first sheet visible. Rolled this way the Firestone Information Block will be visible. E. All Street names shall be consistent with the Firestone Street Grid. A copy of the Firestone Street Grid is shown as Exhibit I. F. The text for all plan sheets shall be no smaller than 19-point in size and all text shall be clearly legible at a reduction to a sheet size of 11-inches by 17-inches. Tract letters or numbers shall be in a bold font. G. 11-inch by 17-inch paper reduced copies of all map sheets (excluding Utility Plans) shall be provided with each submittal. H. Except for original technical engineering documents, original signed documents, and 24-inch by 36-inch and 11-inch by 17-inch paper map sheets, all documents should also be submitted in a "PDF" format. Any and all required text sheets shall be also submitted in Word files for Town staff to redline. A CD including such documents shall be securely included in the 3-ring binder noted below. The table of contents should reflect which documents are provided in PDF format and note the specific title of such document on the CD. For certain applications PDF format documents are all that is necessary as noted herein All submittal information shall be submitted in a 3-ring binder. The binder shall be appropriately sized and shall be of a "clear overlay" style that provides for a cover title sheet insert and a binder end sheet insert. The front and binder ends Firestone Development Regulations May 2013 JB Resolution No_ 13-22) 9 of the notebook shall have all the title information required for the application (See Section 2.10 (A) and the submittal date shown. With all first submittals, one extra empty, but properly labeled, notebook shall also be provided for the Town for incoming referral information and other relevant file information. Additional binders may be required for "replacement" submittals, as components of an application may be modified. Check with the Planning Coordinator to see if additional binders are required in these instances. There shall be a table of contents included in the notebook and tabs shall separate all individual documents. 2.11 Protocol Regarding Title Commitments For most applications described in these Regulations, the Applicant is required to submit a current title insurance commitment for the property subject to the application. In all cases, the required title insurance commitment shall be dated no later than one month prior to the application submittal date. As the application proceeds through the review process, the Applicant shall also provide endorsements updating the effective date as requested by the town. All title insurance commitments shall be in a current, ALTA-approved format and shall be issued by a title insurance company which maintains an office or title plant in or for Weld County and which is authorized to do business in the State of Colorado. All title insurance commitments shall list the owner of the property as of the date of issuance of the commitment and shall include complete schedules of requirements and exceptions. Upon request of the Town, the Applicant shall timely provide copies of any documents listed in the schedule of exceptions. The title insurance commitment submitted with the application shall be issued only for that property which is the subject of the application, and the legal description in the commitment shall be identical to the legal description required by the Town for use in the public notices of hearings on the application. If the application is approved and includes the dedication and conveyance of land to the Town (other than internal easements and internal street rights -of -way), then the Applicant shall submit after approval but prior to recording a revised, current title commitment issued in favor of the Town and insuring the Town's ownership of the land proposed for dedication and conveyance. Such title - commitment shall be specific to the land to be dedicated and conveyed, list the Town as the proposed insured, include no other land, be in such amount as the Town requires, and be in a form acceptable to the Town. For any land to be dedicated and conveyed to the Town, the Applicant (and subdivider, if different from the Applicant) shall furnish, at its own expense, an ALTA title policy for all interests conveyed to the Town, subject to approval by the Town Attorney. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 10 3.0 Public Hearings and Meetings This section generally describes the public hearing process relative to- any zoning application. The process for subdivision review is further described in Sections 9.0 and 11.0. When subdivision applications are accompanied by either a Preliminary Development Plan or a Final Development Plan (which are zoning documents that also require public hearings) the required public hearings are typically combined into one public hearing. Minor Subdivisions, as described in Section 12.0, are generally not processed with either a Preliminary or Final Development Plan and are therefore processed as their own hearing. 3.1 Notification Notification procedures for public hearings and public meetings are specifically described in these Development Regulations for each individual application type. 3.2 Public Hearing Testimony Format A public hearing before the Planning Commission or Town Board is a formal process. Prior to the public hearing, the Applicant shall provide the Planning Commission Secretary or Town Clerk with an Affidavit of Publication, Posting Log, Affidavit of mailing, and Certification of Notice to Mineral Estate Owners. The Planning Commission and Town Board follow a strict procedure in receiving testimony and evidence from the Applicant and other parties. The Chairman or Mayor opens the public hearing by entering the name of the application and its case number into the public record. The Chairman or Mayor instructs everyone who intends to speak in any capacity during the public hearing to be placed under oath and to sign a Testimony Information Sheet. The Testimony Information Sheet will clearly state that anyone testifying at the public hearing may be subject to cross-examination by the Applicant or the Planning Commission or Town Board. The Chairman or Mayor may elect to place individual speakers under oath at the time they speak or prior to their testimony in a group fashion. The Chairman or Mayor then asks the Town Clerk if: The required referral mailings were properly provided in a timely manner to the Town Clerk and that such referral mailings were in fact mailed; 2. An affidavit of Publication of the hearing has been received; 3. A Posting Log has been submitted; Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 11 4. An Affidavit of Certified Mailing has been provided; 5. A Certification of Notice to Mineral Owners pursuant to C.R.S. § 24-65.5-101 et seq. has been submitted; and 6. If the hearing is the final hearing on an application that is a "qualifying surface development", as defined in C.R.S. § 24-65.5-102(5.7), a Certification With Respect to Qualifying Surface Developments. If this information is not in order, then the Chairman or Mayor will vacate the hearing. If this information is in order, the Chairman or Mayor then enters this information into the record. At a Town Board public hearing, the Mayor also places all the testimony, evidence and the adopted resolution from the Planning Commission public hearing into the record. The Applicant or appointed representative is then asked to go to the speaker's podium and state their full name and address for the record and is then requested to make a presentation on the application. The burden of proof is on the Applicant, so the Applicant should be prepared to provide sufficient evidence to enable the Planning Commission or Town Board to evaluate the application. The Applicant should be prepared to present supportive graphic materials to clarify the proposal to the Planning Commission and Town Board. The Town Planning or Engineering Staff may also make a presentation .to the Planning Commission or Town Board; however, this presentation does not eliminate the Applicant's burden to demonstrate its application meets all requirements and criteria for approval. If the Applicant does not present sufficient evidence to support approval of the application, the Planning Commission or Town Board may either continue the hearing or deny the proposal. The Planning Commission or Town Board members may ask questions at any time of persons testifying, however their questions are usually held later in the meeting, after the public hearing is closed. After the presentation by the Applicant, the Chairman or Mayor will ask the Staff to present their Staff Report. At the conclusion of the Staff Report, the Staff enters the Staff Report into the record and provides a final copy to the Town Clerk for the record of the hearing. After the presentation by Staff, the Chairman or Mayor will review the list of those individuals who signed the sheet indicating that they would like to speak regarding the application. If there are numerous individuals on the sign-up sheet, the Chairman or Mayor may offer the opportunity for Firestone residents to speak first. Following the public comment portion of the public hearing, the Chairman or Mayor will give the Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 12 Applicant an opportunity to rebut any evidence opposing the application and, as specified in Section 17.44.050 of the Town Code, cross examine those giving testimony. The Chairman or Mayor then closes the public hearing and opens the matter for discussion by the Planning Commission or Town Board members. The Planning Commission or Town Board members may ask questions of anyone for clarification of specific points prior to taking action on the application. At public hearings of the Town Board of Trustees, the Town Board may be provided with the minutes of the Planning Commission meeting on the same application. These minutes may include a summary of the testimony, the Planning Commission motion, any conditions applied to the proposal, the findings of fact, and recommendations of the Planning- Commission. For additional information on the Firestone public hearing process, see Exhibit J. 3.3 Executive Sessions In certain circumstances and in accordance with the procedures of the Open Meetings law, the Planning Commission or Town Board may meet in "Executive Session". These sessions are held for either body to receive attorney -client privileged legal advice from the Town Attorney or for other legally permissible reasons. Items discussed in Executive Sessions are typically narrow in scope, with the topic being announced before the session and summarized when the regular session resumes. Executive Sessions follow specific procedures established by State Law. 3.4 Public Meetings The general review and action process for annexations, general rezonings, and other legislative matters is similar to that of public hearings. For these types of applications, the Applicant should similarly be prepared to make a presentation with sufficient information to enable the Planning Commission or Town Board to take appropriate action. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 13 4.0 Annexation The annexation process is typically where the property owner petitions to be included within the Town of Firestone's municipal boundary. An annexation request must at a minimum show the following: A. That the property meets the State statutes required for annexation. B. That the property is within the Firestone Urban Growth Boundary. C. That the annexation is consistent with any intergovernmental agreements the Town may have with any other governments. D. That the property proposed to be annexed has adequate utility services available to it or will have such services developed in the reasonably near future. Also, that such utility services can be developed in conformance with the Town's water, sewer, and other master service plans. 4.1 Pre -Application Submittal Conference The Applicant is encouraged to attend a pre -application conference as described in Section 2.2. 4.2 Application Notebook The following materials shall be submitted in an application notebook as specified in Section 2.10 (1). 4.2.1 Table of Contents A table of contents shall be provided as the first sheet in the notebook. To the extent possible, the documents noted below shall also be provided in electronic format as noted in Chapter 2. 4.2.2 Development Application A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5. 4.3 Development Cost Agreement A Cost Agreement and Funds Deposit Agreement shall accompany the development application. These agreements are described in Section 2.4 and the standard format for these documents is shown in Exhibit G. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 14 4.4 Vicinity Map A vicinity map shall be prepared at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch by 11-inch sheet of paper. 4.5 Annexation Petition An Annexation Petition must be included with the application. The standard format for this document is shown as Exhibit M. The Town Attorney will prepare this document in final form for signature by the Applicant. 4.6 Annexation Agreement The required Annexation Agreement typically needs to be executed by the Applicant prior to the Town Board hearing on the annexation application. The Town's standard form Annexation Agreement is shown as Exhibit N. Final annexation agreements are usually consistent with this form; however, there may be circumstances particular to an annexation which will necessitate changes to the form. Any Applicant requests to amend the form should be submitted at the time the annexation applicant is submittal. The Town Attorney will prepare this document in final form for signature by the Applicant and the Town. 4.7 Title Commitment The Applicant shall submit a current Title commitment for the Property, dated no later than one month prior to the application submittal date. The Applicant shall provide endorsements updating the effective date as requested by the Town. Refer to Section 2.11 for additional information. 4.8 Legal Description A legal description of the property to be annexed. The total acreage should also be identified. All legal descriptions shall be metes and bounds. This legal description will be the same legal description that should be used for the Outline Development Plan which shall accompany any annexation application, as the Town will "zone" all property annexed. A computer version of the legal description (Word document) on CD is also required to be submitted by the Applicant. The Applicant shall provide lot closures for all legal descriptions. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 15 4.9 Tax Certificate The Applicant shall submit a current Weld County Tax Certificate for the subject property. 4.10 Water Rights Questionnaire A completed Water Rights Questionnaire (Exhibit L) must accompany the development application. 4.11 Fiscal Impact Analysis A fiscal impact analysis showing the cost -benefit relationship between the property proposed to be annexed and developed and the Town of Firestone will be prepared by the Town. However, to assist in this process, the Applicant shall complete and submit the fiscal impact submittal form shown as Exhibit K. 4.12 Environmental Assessment Unless waived by the Town Engineer, a Phase I environmental assessment shall be required. Report can be included in the notebook or as a separate document. 4.13 Response Letter For a second or third submittal (as described below) a letter shall be provided describing how each staff comment or Planning Commission recommended condition (if available) has been addressed. 4.14 Annexation Map An Annexation Map shall be prepared by a Colorado Registered Professional Land Surveyor according to Colorado Revised Statutes pertaining to the preparation of Land Survey Plats in effect at the time of preparation or at the time of acceptance by the Town of Firestone. The maps shall be prepared at a scale of 1-inch equals 50-feet or 1- inch equals 100-feet unless otherwise approved by Town Engineer. The maps shall be on sheets with outer dimensions of twenty-four inches by thirty-six inches (24" x 36") and shall contain the following information: 4.14.1 Firestone Information Block All Annexation sheets shall have a Firestone Information block located in the bottom right corner of each sheet. For specifications on the Firestone Information Block, see Section 2. 4.14.2 Title Block The following title information clearly located on the top center of each sheet. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 16 Annexation Project or Development Name Town of Firestone Weld County State of Colorado Sheet of 4.14.3 Vicinity Map A vicinity map shall be shown on the first sheet of the Annexation Map at a scale no smaller than 1-inch to 1,200-feet, showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. 4.14.4 Name The name under which the annexation is to be recorded shall be placed in the proper title blocks. The name shall not duplicate the name of any existing annexation, subdivision or development in the Town of Firestone. Check with the Planning Coordinator for a current list of such names already used. 4.14.5 Date The date of map preparation shall be provided, with revision dates noted as appropriate. 4.14.6 Scale and North Arrow The scale at which the map is drawn and a graphic representation, and a symbol designating true North. 4.14.7 Legal Description A legal description of the property to be annexed. The total acreage should also be identified. All legal descriptions shall be metes and bounds. This legal description will be the same legal description that should be used for the Outline Development Plan which shall accompany any annexation application, as the Town will "zone" all property annexed. 4.14.8 Parcel Boundaries A description of all monuments, both found and set, which mark the boundaries of the parcel, including a description of two or more recorded monuments on record with Weld County, used in conducting the survey. Only one tie will be required for parcels containing two acres or less. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 17 4.14.9 Contiguous Boundary The delineation and length of the boundary of the annexation that is contiguous to the Town of Firestone shall be shown. The total perimeter of the annexation shall be stated in conjunction with the length contiguous to the existing limits of the Town of Firestone. This contiguous length shall not be less than 1/6 of the total perimeter. In all cases, the application shall comply with Colorado Revised Statutes pertaining to Annexations in effect at the time of submittal or acceptance of the application by the Town of Firestone. 4.14.10 Owners/Developers The name, address, telephone number, and email address of owner(s) (and developer if different than the owner) shall be shown. 4.14.11 Technical Consultants The names, addresses, telephone numbers, and email address of the technical consultants responsible for preparing the map shall be shown. 4.14.12 Adjacent Properties The names of all adjoining annexations and/or subdivisions. If the adjoining land is unincorporated and/or unplatted, it should be designated as such. 4.14.13 Existing Utilities, Streets and Easements The name, location and dimensions of all existing utilities, streets, alleys, easements, rights -of - way and watercourses within and adjacent to the annexation and existing regulatory floodplains shall be provided. 4.14.14 Surveyor's Statement A statement by the surveyor responsible for the preparation of the annexation map, that the map was prepared by the surveyor or under the surveyor's responsible charge, and that the annexation conforms to Colorado Revised Statutes pertaining to Annexations. 4.14.15 Owners Approval Block (recommended format) Know all men by these presents, that I/we (names of all landowners) being the -sole owners and proprietors of the following described land, to wit: (LEGAL DESCRIPTION) Have caused the above described tract of land to be annexed under the name of (Name of Annexation) Firestone Development Regulations May 2013 JB Resolution No. 13-22) 18 Owner: (Landowner's name) Owner The above block will require revision if the annexation is requested by less than 100% of the property owners. 4.14.16 Notary Certificate (in conjunction with owner's signature) STATE OF COLORADO ) )SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of 20 , by Witness my hand and official seal Notary Public My commission expires 4.14.17 Town Approval Block This is to certify that the (Name of Annexation) was approved on the day of , 2 BY ORDINANCE NO. and that the Mayor of the Town of Firestone on behalf of the Town of Firestone, hereby acknowledges said Annexation upon which this certificate is endorsed for all purposes indicated thereon. Mayor ATTEST: Town Clerk Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 19 4.15 Outline Development Plan Along with the required annexation materials, thi materials necessary for an Outline Development plats can also be processed simultaneously with Development Plan is required at a minimum. See Plan submittal requirements. Applicant is required to submit the Plan. Other development plans and an annexation; however, an Outline Section 7.0 for Outline Development 4.16 First Application Submittal Once all the application materials are complete, the Applicant should submit five complete sets of the materials to the Planning Coordinator. The Planning Coordinator will distribute one copy each to the Town Engineer, the Town Planner, the Town Attorney, and Public Works for initial review. See Exhibit O for a summary of the items required. 4.17 Application Review by Staff Within 30 days, or as soon as reasonably possible after an Applicant has submitted the First Application Submittal, Town Staff will review the application to , determine if the application is complete. If it is not complete, Town Staff will inform the Applicant of those items that need to be submitted or resubmitted. 4.18 Application Substantially Complete Once Town Staff determines that the application is substantially complete, Town Staff will inform the Applicant of that fact in writing. 4.19 Review Comments to Applicant Once Town Staff determines that the application is substantially complete Town Staff will review the application and provide review comments to the Applicant. 4.20 Second Submittal Requirements The Applicant shall address Town Staff review comments, as appropriate, and resubmit the number of copies as itemized in Exhibit O. A written response to each of staff's comments shall be provided. The Applicant shall return any redlined drawings, reports, etc. from the previous submittal. 4.21 Processing Schedule Once the Applicant has provided the Town with the Second Submittal, and Town Staff has found the Second Submittal to be substantially complete, Town Staff will prepare a processing schedule for the application. A copy of the schedule will be provided to the Applicant. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 20 4.22 Referral Mailings It shall be the responsibility of the Applicant to provide copies of the application materials to referral agencies noted in Exhibit P. The referral mailing shall include a CD of the complete application and a copy of the Firestone Referral Mailing Cover Sheet as shown in Exhibit P. The referral contents and the Cover Sheet shall be placed in appropriately sized envelopes with the proper postage. Addresses for referral mailings are shown in Exhibit P. This address list has been formatted to be copied onto a 1-inch by 4-inch mailing label sheet. The box in front of the entity on a particular mailing shall be checked consistent with the label on the same envelope (e.g. Check City of Dacono on the Referral Mailing Cover Sheet that is placed within the envelopes being mailed to the City of Dacono). The Applicant shall provide to the Planning. Coordinator a notarized mailing affidavit stating that the referral mailings have been completed, a list of all parties notified and the date on which they were mailed. These notices shall be mailed at least fifteen (15) days prior to the Planning Commission meeting, not including the day of the meeting. 4.23 Resolution of Substantial Compliance Once the application has been found to be substantially complete, the Town Board will consider a resolution of substantial compliance. The Applicant is not required to make a presentation at this Town Board meeting, but it is recommended that the Applicant attend the meeting to answer any general questions that the Town Board may have regarding the proposed annexation. 4.24 Neighborhood Meeting A Neighborhood Meeting shall be held pursuant to Section 2.7. 4.25 Annexation Impact Report Town Staff will prepare an Annexation Impact Report for the property (if the annexation is greater than 10 acres in size) and transmit a copy of the report to the Weld County Commissioners and to the applicant. 4.26 Publications Town Staff will publish proper notice of the Planning Commission meeting on any initial zoning application requested for concurrent review with the annexation. Town Staff will also publish proper notice of the Town Board hearing on the annexation, the date of which has been established by the Town Board in the Board's Resolution of Substantial Compliance. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 21 4.27 Notification to Owners of Interest and to Mineral Estate Owners A. Owners of Interest. The Applicant shall submit to the Town an Owners of Interest List as defined in these Regulations (e.g. surface owners, easement holders, and persons who have other legal or equitable interests in the property). The list shall include the names and address of such owners. This list shall be obtained based on records from the County Assessor's office and the County Clerk & Recorder's office, and any more recent address information_ as may be available in telephone or other general use directories. The list must be certified by the Applicant in writing as true and complete within one month prior to submitting the development application. Applicant shall prepare the notice to be sent to Owners of Interest. The Applicant shall request a copy of the Notice of the meeting prepared by the Town from the Planning Coordinator, which was or will be published by the Town for the hearing. This notice, along with a vicinity map (see Section 4.4), shall be mailed by the Applicant, via certified mail, return receipt requested to the Owners of Interest. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the persons and entities on the Owners of Interest list, and mail receipts shall be delivered to the town at or prior to the hearing. The original of all returned receipts shall also be provided to the Town Clerk taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least fifteen (15) days prior to the Planning Commission and Town Board meetings, not including the day of the meetings. B. Mineral Estate Owners. The Applicant shall be solely responsible for preparing and sending notice to Mineral Estate Owner(s) in the manner required by C.R.S. § 24-65.5-101 et seq., as amended from time to time, and for otherwise complying with the statute. The statute generally requires that notice of the initial public hearing be sent to the Mineral Estate Owner(s) not less than 30 days before the date scheduled for the hearing. The notice prepared by the Town for mailing to Owners of Interest and Surrounding Property Owners will not contain all of the information that must be included in the notice required by the statute to be sent to the Mineral Estate Owner(s). The Applicant therefore must prepare the proper notice and ensure it is mailed or delivered as required by law. Prior to opening the hearing, the Applicant shall in writing certify to the Town that the Applicant has provided notice to the Mineral Estate Owner(s) as required by law. The certification shall be in a form acceptable to the Town and such certification shall be a condition of final approval of any application. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 22 4.28 Notification to Surrounding Property Owners If the annexation request is accompanied by an initial zoning request, then the Applicant shall submit to the Town a Surrounding Property Owners List. The list shall include the names and address of such owners within 300 feet of the outside boundaries of the property subject to the development application. This list shall be based on records from the County Assessor's office and the County Clerk & Recorder's office, and must be certified by the Applicant as true and complete within one month prior to submitting this application. The applicant shall prepare the notice of the initial zoning request to be sent to Surrounding Property Owners. The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was or will be published by the Town for the hearing. This notice along with a vicinity map (see Section 4.4) shall be mailed by the Applicant, via certified mail, return receipt requested to such Surrounding Property Owners. In addition, Notice shall be mailed in the same fashion to the Board of Directors of any owners association existing with respect to any adjoining property. The Town Planner may require the notice of such meeting (including the vicinity map) also be hand delivered to certain other entities. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the entities on the Surrounding Property Owners List and the date on which they were mailed. The original of all returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least fifteen (15) days prior to the Planning Commission meeting, not including the day of the meeting. 4.29 Special District Inclusion Certifications A letter from all special districts intended to serve the property, if requested by Town staff, is required to be submitted by the Applicant stating the property is already within such district or is within the district's service area. ,It is the responsibility of the Applicant to request such letters from the district. The Town may require inclusion into certain special districts before development processing can conclude. 4.30 Property Posting Property Posting is required for any annexation accompanied by an initial zoning request. At least fifteen (15) days prior to, but not including, the Planning Commission Public hearing date on the matter the property shall be posted with notice of such meeting. The Planning Coordinator will prepare the signs. The Applicant can pick up the signs from the Planning Coordinator no sooner than 20 days prior to the meeting. The Applicant shall place the signs on the property (near the property boundary) facing all public roadways in no more than four directions. The Applicant shall be responsible for Firestone Development Regulations May 2013 JB Resolution No. 13-22) 23 checking the signs each day of the posting period and keeping an accurate log. If a sign has been moved, destroyed, or fallen, the sign must be replaced by the Applicant within forty-eight (48) hours. Within 10 days after final Town action on the application, the Applicant shall remove the posted signs and return any Town signs to the Town. Property posting is not required where an annexation or zoning exclusively involves public right-of-way. 4.31 Posting Log The signed , posting log shall be provided to the Planning Commission at the Public Hearing by the Applicant. If the Posting Log is not provided, the meeting may be vacated. The property posting log form is shown in Exhibit Q. 4.32 Staff Report for the Planning Commission By no later that the Friday prior to the Planning Commission meeting, Town Staff will complete a Staff Report on the initial zoning application. A copy of such report will be transmitted to the Applicant. 4.33 Planning Commission Meeting Within 60 days, or as soon as reasonably possible, after the Town receives a complete application, the Planning Commission shall hold a meeting on the annexation and a public hearing on the request for initial zoning of the property. Upon completion of the hearing, the Planning Commission shall, after Commission deliberation, vote on the matter. Any motion should briefly state the findings of fact and conclusions of the Planning Commission with reference to the relevant and material evidence and testimony supporting such findings of fact and conclusions. The Planning Commission may vote to either recommend approval, approval with conditions, or denial of the zoning application. The Planning Commission may act in accordance with the following upon vote of the majority of the members present: A. Make a decision and vote on the application, using the draft resolution previously prepared, as may be amended during the hearing; or B. Make a decision and vote on the application, but request the Town Attorney to prepare findings of fact and conclusions for approval and adoption at the next regular meeting; or C. Defer a decision and direct the Town Attorney to prepare findings of fact and conclusions to be submitted to Planning Commission at its next regular Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 24 meeting, with final deliberation, decision and adoption of the findings of fact and conclusion at that meeting; or D. Defer a decision until a date certain as is mutually agreed upon by the Applicant and the Planning Commission by which time the record and all evidence can be reviewed. At that time the Planning Commission can either adopt findings of fact and conclusions or direct the Town Attorney to prepare findings of fact and conclusions for adoption at the next regular meeting after the meeting to which the matter has been deferred. 4.34 Third Submittal Requirements After the Planning Commission meeting and prior to the Town Board meeting, the Applicant shall provide the Planning Coordinator with additional copies of submittal items shown in Exhibit O. Prior to the submittal of these documents, the Applicant may desire to modify the application as recommended by the Planning Commission. The documents will need to be provided to the Town pursuant to the schedule prepared by the Town. 4.35 Staff Report for the Town Board By no later than the Friday prior to the Town Board meeting, Town Staff shall prepare a Staff Report. As appropriate, Town Staff will amend the Staff Report that was submitted to the Planning Commission for distribution to the Town Board. A draft resolution will typically be prepared in conjunction with the Staff Report. A copy of such report and resolution will be transmitted to the Applicant. 4.36 Town Board Meeting On the date specified in the Resolution of Substantial Compliance, the Board of Trustees shall hold a public hearing on the annexation application. The findings of fact, conclusions and recommendations of the Planning Commission, responses to referrals, and recommendations of the planning staff shall be submitted to the Town Clerk immediately after the final decision of the Planning Commission and shall become a part of the record of the case before the Board of Trustees. The same shall be considered to be a public record and available in the office of the Town Clerk for examination by the public. Upon completion of the hearing, the Board of Trustees shall, after board discussion, vote on a resolution regarding the eligibility of the property for annexation. , If the resolution is approved, the Board in its discretion may then proceed to adopt one or more annexation ordinances to annex the property. If an annexation ordinance is Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 25 adopted, the Board in its discretion may then proceed to consider an ordinance regarding the initial zoning request for the property. Any action on the proposed initial zoning will briefly state the findings of fact and conclusions of the Board of Trustees with reference to the relevant and material evidence and testimony supporting such findings of fact and conclusions. The Board shall vote to approve, approve with conditions, or deny the application, or it may continue or table action on the application as permitted by law. If the Board approves an application with conditions, the Applicant shall make such modifications to the required text, maps, studies, etc. before the Mayor signs any necessary approval blocks. The Board may also act in accordance with the following upon vote of the majority of the members present: A. Make a decision and vote on the application, using the draft resolution previously prepared, as may be amended during the hearing; or B. Make a decision and vote on the application, but request the Town Attorney to prepare findings of fact and conclusions for approval and adoption at the next regular meeting; or C. Defer a decision and direct the Town Attorney to prepare findings of fact and conclusions to be submitted to the Board of Trustees at its next regular meeting, with final deliberation, decision and adoption of the findings of fact and conclusion at that meeting; or D. Defer a decision until a date certain by which time the record and all evidence can be reviewed. At that time the Board of Trustees can either adopt findings of fact and conclusions or direct the Town Attorney to prepare findings of fact and conclusions for adoption at the next regular meeting after the meeting to which the matter has been deferred. 4.37 Final Document Preparation, Review and Recording Subsequent to any approval by the Town Board, the Applicant shall provide the Town with a paper copy of all documents amended by the Applicant, pursuant to conditions as may be imposed by the Town Board. Town Staff will review these amended documents relative to any Town Board conditions. Once the documents appear satisfactory to Town Staff relative to the noted conditions, Town Staff will request the final documents be delivered to the Town for recording (See Exhibit O for the proper number and material of all final documents). The annexation ordinances, maps, and related Firestone Development Regulations May 2013 JB Resolution No. 13-22) 26 documents shall be recorded by the Town Clerk or his or her designee only, and recording by any other party shall be prohibited. As annexations do not become effective until recording of the final documents, applicants are required to promptly revise and resubmit documents after the Town Board action. All resubmittals after Town Board approval shall be made promptly in order to permit recording of final documents by December 15 of the year within which the annexation is approved. If final documents are not recorded within 120 days 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 as the initial application. 4.38 Publication of Ordinances The Town Clerk will publish and record all ordinances related to an annexation and initial zoning application. Such ordinances may be subject to referendum. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 27 5.0 Zoning 5.1 Standard Zoning Districts Property less than one acre in size may be zoned pursuant to the standard zoning districts specified in Title 17 of the Firestone Code. Property over one acre must be zoned as PUD or a PUD Overlay. The development of all property over one acre in size, regardless of zoning, must be done so as a PUD Overlay District. 5.2 Vested Rights A vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. A site specific development plan is a Final Development Plan. See Chapter 17.42 of the Town Code for specific information on vested property rights. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 28 6.0 Planned Unit Developments The following statement of intent, requirements and procedures shall be used in utilizing and processing Planned Unit Development zoning in Firestone, as also described in Title 17 of the Town Code. 6.1 Intent Pursuant to the Planned Unit Development Act of 1972, Article 67 of Title 24, CRS the Planned Unit Development ("PUD") zoning district is created as an alternative to conventional land use regulations in order that the public health, safety, integrity and general welfare may be furthered in the era of increasing urbanization and growing demand for housing of all types and designs for the following purposes: A. To provide for necessary commercial, recreational, and educational facilities conveniently located to such housing; B. To provide for well -located, clean, safe, and pleasant industrial sites involving minimum strain on transportation facilities; C. To ensure that the provisions of the Firestone zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land other than lot -by - lot development in a manner which would distort the objectives of the zoning laws; D. To encourage innovations for superior designs in residential, commercial, and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings; E. To encourage a more efficient and innovative use of land and public services, or private services in lieu thereof, and to reflect changes in the technology of land development so that the resulting economies may inure to the benefit of those who need homes; F. To lessen the burden of traffic on streets and highways; G. To encourage the building of "new towns" incorporating the best features of modern design; Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 29 H. To conserve the value of the land; To provide a procedure which can relate the type, design, and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservation of the site's natural characteristics; and J. To encourage integrated planning in order to achieve the above purposes. 6.2 General Provisions Planned Unit Developments provide for the opportunity for mixed and multiple use districts where both residential neighborhoods and non-residential areas can be comprehensively planned and developed. All major categories of land use including industrial, office, commercial, residential, public and open space have the potential to be present in a PUD. Where applicable, it is the intent of Title 17 of the Town Code that subdivision review under the subdivision regulations in Title 16 be coordinated with and carried out simultaneously with the review of a PUD pursuant to Title 17. 6.3 PUD Zoning The following types of Planned Unit Developments may be established: 6.3.1 PUD Zone District PUD zoning district may be established by zoning land as a PUD zoning District either through a rezoning process or by the initial zoning of land at the time of annexation. Commercial, industrial, office, public, residential, agricultural, conservation and open space land uses are permitted in a PUD zone district as specified herein. An Outline Development Plan ("ODP") must be submitted at the time the PUD zoning is requested. A Preliminary Development Plan ("PDP") shall be submitted prior to or concurrently with the processing of an FDP for any area of the ODP. A Final Development Plan ("FDP") must be submitted for that portion of the ODP that building or further development is being proposed. An Overall Final Development Plan ("Overall FDP") may be submitted for an initial phase of a development in which such phase only involves the construction of public or private utilities, overall landscaping, roadways or other general site features. If an Overall FDP is submitted and approved, an approved FDP still shall be required prior to building construction or for further site development not addressed in the Overall FDP. The requirements for an ODP, PDP and an FDP are as set forth in Title 17 and as stated herein. The submittal requirements for an Overall FDP are the same as those for Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 30 an FDP, with the exception that no specific building information is required, as such information shall be provided in the forthcoming FDP. The Overall FDP shall include a statement noting that a site specific FDP shall be required for each lot or site prior to the issuance of any building permit. 6.3.2 PUD Overlay District A PUD may be established in an existing zoning district by overlaying a development plan over the applicable existing zoning district or districts. When a PUD is established in this manner, only the principal permitted uses and permitted accessory uses of the underlying zoning district are permitted in the PUD. When a PUD is established using the overlay procedure, the development must follow the applicable review procedures for approval of an ODP, PDP, or an FDP. A zoning change is not required for an overlay and the property retains its original zoning classification subject to the provisions of the approved PUD for the property. 6.4 PUD Density The maximum permissible density for a PUD Zone District shall be determined based upon the land uses proposed for the development and shall be based upon the density standards for types of uses as specified herein. The maximum permissible density within a PUD Overlay District shall be the density permitted in the underlying zoning district as set forth in Chapter 17.16 of Title 17 for residential districts and as set forth in Chapter 17.20 of Title 17 for commercial and industrial districts. However, such density requirements may be altered through the approval process of the planned unit development if the spirit and intent of the development criteria contained in Section 17.22.080 are met and if the Board of Trustees finds that the development plan contains areas allocated for useable open space or common park area in excess of the public use dedication requirements, or that the alteration is warranted by the amenities incorporated in the development plan, and the needs of residents for usable and functional open space, parks and buffer areas can be met. 6.5 Size of a PUD There shall be no minimum size for a PUD District. All property, which is one acre or more, shall be developed as a PUD zone district or a PUD Overlay district. 6.6 Conditions and Standards for Approval The Planning Commission and the Town Board of Trustees may approve a PUD application if it meets the intent of these Regulations and complies with the Town Code and other controlling regulations and documents, including the development standards specified herein. The Planning Commission and Town Board shall consider the Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 31 following in making their decision for approval, approval with conditions, or denial of a PUD: A. The proposed PUD district is compatible with present development in the surrounding area, and will not have a significant, adverse effect on the surrounding area; B. The proposed PUD district is consistent with the public health, safety and welfare, as well as efficiency and economy in the use of land and its resources; C. The proposed PUD district is consistent with the overall direction, intent of Titles 16 and 17 of the Town Code, and the intent and policies of the Town's comprehensive plan and other policy documents of the Town; D. The proposed PUD district provides for a creative and innovative design which could not otherwise be achieved through other standard zoning districts; E. The exceptions from the zoning regulations requested in the proposed PUD are warranted by virtue of innovative design and amenities incorporated in the PUD district; F. The PUD provides adequate circulation in terms of internal street circulation system, designed for the type of traffic generated, for separate living areas, convenience, safety, access, and noise and exhaust control. Proper circulation in parking areas shall be provided in terms of safety, convenience, separation and screening. The PUD should provide for buffering from collector and arterial streets through earthen berms, landscaping, and other methods; G. The PUD provides functional open space in terms of practical usability and accessibility, and optimum preservation of natural features, including trees and drainage areas, recreation, views, natural stream courses, bodies of water and wetlands; H. To the extent practicable, the PUD provides variety in terms of housing types, housing size, densities, facilities and open space; The PUD provides for pedestrian and bicycle traffic in terms of safety, separation, convenience, access, destination and attractiveness. If possible, there shall be an internal pedestrian circulation system separate from the Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 32 vehicular system such that allows access to adjacent parcels, parks, open space, or recreational facilities within the PUD as well as links to trail systems of the Town; J. Building types in terms of appropriateness to density, site relationship and bulk; K. Building design in terms of orientation, spacing, materials, color, texture, storage, signs and lighting; L. Landscaping of the site in terms of purpose, such as screening, types and materials used, maintenance suitability, water demands and effect on the area; M. Services including utilities, fire, police protection and other such services are available or can be made available to adequately serve the development; N. No structures in the PUD shall encroach on a floodplain except as permitted by the Town's floodplain ordinance; O. No occupied structure shall be located on ground showing severe subsidence potential without adequate design and study approved by the Town; P. Visual relief and variety of visual sitings shall be located within the PUD through building placement, shortened or interrupted street vistas, visual access to open space and other design methods; Q. The fiscal impacts on the Town, relative to expected service provision costs and anticipated revenue to the Town; R. Compliance with the provisions of any applicable intergovernmental agreements; S. The PUD incorporates a lighting plan and facilities to minimize of light drift outside the PUD in an effort to help preserve the night sky; T. To the extent reasonably practicable, the PUD shall strive to incorporate "green" building standards and design guidelines for all residential and commercial development in an effort to increase energy efficiency and reduce energy consumption; Firestone Development Regulations May 2013 JB Resolution No. 13-22) 33 U. To the extent reasonably practicable, the PUD shall strive to incorporate renewable energy technologies; V. To the extent reasonably practicable, the PUD shall strive to incorporate best management practices in recycling, water conservation, soils preservation and sustainable development practices; W. To the extent reasonably practicable, the PUD shall strive to incorporate infrastructure design that emphasizes technology that will encourage the development of "knowledge workers" and will facilitate telecommuting. 6.7 Amendments to an Outline Development Plan An amendment to the ODP development plan is a change in zoning district classification and shall follow the same procedures as set forth herein and as stated in Title 17 of the Town Code pertaining to the approval of an ODP, except the Town Planner may authorize minor changes in the overall development plan that do not: A. Alter the basic relationship of the proposed development to adjacent property; B. Change the uses permitted; C. Increase the maximum density, floor area ratio, or height; D. Decrease the amount of required off-street parking; or E. Reduce the minimum yards required at the boundary of the site. Any administrative approvals granted under this section shall be transmitted to the Planning Commission and Board of Trustees for their information by written memorandum from the Town Planner. An applicant may appeal the decision of the Town Planner to the Planning Commission. 6.8 Amendments to the Preliminary Development Plan Except as provided below, no changes may be made in the approved PDP except upon application and approval by the Town Board under the same procedures and requirements as specified for the initial submittal of a PDP. The Town Planner may, at the Planner's sole discretion, approve an amendment to a PDP, provided that the amendments are only: Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 34 A. Architectural: Minor changes in the color; exterior appearance; lot coverage; screening of outdoor storage areas; or location, siting and height of buildings, structures, or divisional walls if required for engineering reasons or other circumstances not foreseen at the time the PDP was approved. No change authorized by this paragraph may increase or decrease the dimensions of any building or structure by more than 10 percent or permit an accessory structure whose size is greater than 10 percent of the area of the principal building or structure. B. Landscaping and Site Features: Changes in plant materials; minor alterations in the location of plantings; changes in plant quantities or sizes; changes to the location of internal sidewalks; or changes in location of parking spaces if required for engineering reasons or other circumstances not foreseen at the time the FDP was approved. No change authorized by this paragraph may increase or decrease landscaping or sidewalks by more than 10 percent. Any approved changes shall constitute an amendment to the PDP. Any administrative amendments authorized by the Town Planner shall be transmitted to the Planning Commission and the Board of Trustees for their information by written communication from the Town Planner. An applicant may appeal the decision of the Town Planner to the Planning Commission. 6.9 Amendments to the Final Development Plan Except as provided below, no changes may be made in the approved FDP (or Overall FDP) except upon application and approval by the Town Board under the same procedures and requirements as specified for the initial submittal of a FDP. The Town Planner may, at the Planner's sole discretion, approve an amendment to a FDP, provided that the amendments are only: A. Architectural: Minor changes in the color; exterior appearance; lot coverage; screening of outdoor storage areas; or location, siting and height of buildings, structures, or divisional walls if required for engineering reasons or other circumstances not foreseen at the time the FDP was approved. No change authorized by this paragraph may increase or decrease the dimensions of any building or structure by more than 10 percent or permit an accessory structure whose size is greater than 10 percent of the area of the principal building or structure. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 35 B. Landscaping and Site Features: Changes in plant materials; minor alterations in the location of plantings; changes in plant quantities or sizes; changes to the location of internal sidewalks; or changes in location of parking spaces if required for engineering reasons or other circumstances not foreseen at the time the FDP was approved. No change authorized by this paragraph may increase or decrease landscaping or sidewalks by more than 10 percent. Any approved changes shall constitute an amendment to the FDP. Any administrative amendments authorized by the Town Planner shall be transmitted to the Planning Commission and the Board of Trustees for their information by written communication from the Town Planner. The decision of the Town Planner that a proposed amendment does not qualify as "administrative" is not subject to administrative appeal. An applicant may appeal to the Planning Commission any condition placed by the Town Planner upon the Planner's approval of an administrative amendment. 6.10 Recording of Amendments Any approved changes to an ODP, PDP or FDP shall constitute an amendment thereto and must be on file with the Town and noted as amendments to the FDP. The Town will record such amendments with Weld County. Any administrative amendments authorized by the Town Planner shall be transmitted to the Planning Commission and the Board of Trustees for their information by written communication from the Town Planner. 6.11 Temporary Structures The Town Planner may approve temporary structures for an FDP to be present onsite for a period of up to 24 months. The structure must be removed at the end of the approval period and the site returned to the approved FDP requirements. In no event shall any property owner be granted or acquire a right to maintain such temporary structure beyond the 24 month period provided in this section. A site plan, with information determined by the Town Planner, shall be submitted to the Town with a request for such Temporary Structure. The Town Planner shall refer the site plan to the Town Engineer, Public Works Director and Fire District for comments prior to approval. 6.12 Temporary Uses 6.12.1 Temporary Uses The Town Planner or the Planner's designee may approve temporary uses to be located on property for which there is an approved ODP, PDP or FDP. The application for approval of a temporary use shall be submitted by the property owner, or must be Firestone Development Regulations May 2013 JB Resolution No. 13-22) 36 signed by the property owner to indicate the owner consents to use of the property as requested in the application. 6.12.2 Application The following information shall be submitted with the application form: A. A narrative description of the temporary use. Provide a table that identifies the height of any structure over 10 feet. Describe how all activities will comply with the Town's noise ordinance, as applicable. B. Documents. Provide a copy of any applicable business and sales tax licenses. C. Site plan. Include a complete layout of the event site with the following information, as applicable: 1. Lot or permit area dimensions (labeled in feet) 2. Location and dimension (labeled in feet) on the property of the temporary use 3. Location on the property of temporary use facilities (e.g. tables, chairs, stage) 4. Location on the property of existing and planned trash containers or dumpsters 5. Location on the property of existing and temporary use signage 6. Details of any temporary use signage 7. North arrow 8. Property address 9. Graphic Scale 10. Subdivision name, if applicable 11. Adjoining public and private streets and roads Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 37 12. Existing buildings and structures and their existing uses 13. Fire hydrant locations 14. Emergency vehicle access location 15. Event manager's office or station location 16. Existing fencing and planned temporary use fencing 17. Location of temporary use generators or source of .electricity including electrical layout for power cords and power sources 18. Temporary hand washing station locations 19. Existing and planned exterior lighting 20. Existing and planned parking. area locations, the locations of driveway entrances, parking stall locations; indicate the type of surface for all 21. Existing and planned pedestrian routes 22. The parking location of specific temporary vehicles or trailers 23. Existing and temporary use restroom facilities or portable toilets 24. Sound system speaker locations 25. Stages or grandstands, or similar structures 26. The location of planned temporary use utilities 6.12.3 Burden of Demonstrating The applicant shall have the burden of demonstrating that the temporary use application meets all applicable conditions and standards for approval of a PUD application as set forth in Section 6.6 of these Regulations, and any approval shall be conditioned upon the applicant applying for and being granted all other permits and licenses required by the Firestone Municipal Code for the particular activities to be conducted. If the Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 38 application is denied, the applicant shall be notified in writing with the specific grounds for denial. The applicant may thereafter appeal the denial of the application to the Town Manager, whose decision shall be final. Any appeal to the Town Manager shall be made in writing within fifteen days of date of the denial. 6.13 Control of Development After the planned unit development has been approved, the use of land and the construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved ODP and FDP. The approved ODP shall constitute the zoning document for the planned unit development, and the approved FDP shall govern all land development within the PUD zone. 6.14 Variances Notwithstanding any other provisions of this document or Title 17 of the Town Code, the Board of Adjustment has the power to hear and decide, grant or deny applications for variances on individual lots from the provisions of an approved planned unit development except for use variances. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 39 7.0 Outline Development Plan All ODP applicants shall provide the following submittal requirements. It is the intent of the submittal requirements for the ODP to provide the Town with sufficient information to adequately evaluate the plan, and not create excessive or repetitive submittal demands on the Applicant. The Town Planner has the right to waive any of the submittal requirements stated herein, if in the Planner's determination such requirement is not necessary to evaluate the intent, purpose or impact of the proposed development. 7.1 Pre -Application Submittal Conference A pre -application submittal conference is encouraged to be held pursuant to Section 2.2. 7.2 Application Notebook The following materials shall be .submitted in an application notebook as specified in Section 2.10 (1). 7.2.1 Table of Contents A table of contents shall be provided as the first sheet in the notebook. To the extent possible, the documents noted below shall also be provided in electronic format as noted in Chapter 2. 7.2.2 Development Application A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5. 7.2.3 Development Cost Agreement A Cost Agreement and Funds Deposit Agreement shall accompany the development application. These agreements are described in Section 2.4 and the standard format for these documents is shown in Exhibit G. 7.2.4 Vicinity Map A vicinity map shall be prepared at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch by 11-inch sheet of paper. 7.2.5 Title Commitment The Applicant shall submit a current Title Commitment for the Property, dated no later than one month prior to the application submittal date. The applicant shall provide endorsements updating the effective date as requested by the Town. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 40 7.2.6 Legal Description An overall legal description of the perimeter of the ODP is required. In addition, separate legal descriptions are required for each proposed land use category included in the ODP. The total acreage should be identified. All legal descriptions shall be metes and bounds. A computer version of the legal description (Word document) on CD is also required to be submitted by the Applicant. The Applicant shall provide lot closures for all legal descriptions. 7.2.7 Tax Certificate The Applicant shall submit a current Weld County Tax Certificate for the subject property. 7.2.8 Water Rights Questionnaire A Water Rights Questionnaire (Exhibit L) must accompany the development application. 7.2.9 Fiscal Impact Analysis Unless waived by the Town Planner, a fiscal impact analysis shall be submitted showing the cost -benefit relationship between the property proposed to be developed and the Town of Firestone. The fiscal impact submittal form is shown as Exhibit K. 7.2.10 Environmental Assessment Unless waived by the Town Engineer, a Phase I environmental assessment shall be required. Report can be included in the notebook or as a separate document. 7.2.11 Response Letter For a second or third submittal (as described below) a letter shall be provided describing how each staff comment or Planning Commission recommended condition (if available) has been addressed. 7.3 ODP Cover and Text Sheets The following information must be prepared on sheets 24-inches by 36-inches in size and supplied in sequence with the ODP map sheets. An additional duplicate copy of such text shall also be provided in an 8.5x11-inch format in the application notebooks for review by the staff, Planning Commission and the Town Board during the development review process. Such text provided in the notebooks shall also include a copy of any notes provided on plan sheets, with a reference note as to what sheet the text is from. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 41 7.3.1 Firestone Information Block All ODP sheets shall have a Firestone Information block (located in the bottom right corner of each drawing sheet). For specifications on the Firestone Information Block, see Section 2. 7.3.2 Title Block The following title information shall be clearly located on each page of the text sheets and at the top center of each drawing sheet: Outline Development Plan PROJECT OR DEVELOPMENT NAME Town of Firestone County of Weld State of Colorado Sheet of 7.3.3 Vicinity Map A vicinity map shall be shown on the cover sheet of the ODP at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. 7.3.4 , Owner/Developers The name, address, phone number, and email address of the owner(s) (and developer if different than the owner). 7.3.5 Technical Consultants Names, addresses, phone numbers, and email addresses of technical planning, architectural and engineering consultants involved with the submittal of the ODP. 7.3.6 Legal Description An overall legal description of the perimeter of the ODP is required. In addition, separate legal descriptions are required for each proposed land use category included in the ODP. The total acreage should be identified. All legal descriptions shall be metes and bounds. 7.3.7 Project Concept A statement of the character and development concept of the ODP and of how the ODP has been planned to incorporate the goals and objectives of the PUD district. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 42 7.3.8 Regional Impacts An identification and description of the potential impacts on Firestone and the surrounding area by this development. 7.3.9 Environmental Information The impact on significant natural features and environmental components such as trees, wetlands, wildlife, streams, floodplains, undermining historical and archaeological sites. 7.3.10 Utilities A general description of utility systems and public services intended to serve the properties displayed on the ODP and a statement of proposed financing for any major infrastructure improvements. Note if any existing Central Weld water tap(s) is currently serving the property and how the tap is planned to be transferred and the timing of such. 7.3.11 Grading Concept A general description of the overlot grading concept for the development. 7.3.12 Service Requirements A general description of the public services that would be necessary to serve the development, including the provider of such services. 7.3.13 Circulation Systems A description of all existing and proposed circulation systems and proposed right-of-way dedications. 7.3.14 Land Use and Zoning Existing and proposed zoning and land uses for the ODP, including a statement that specifies the justification for initial zoning or rezoning. 7.3.15 Density The density of the proposed development, including approximate minimum and maximum lot sizes for all land uses. 7.3.16 Building Height A statement specifying the planned maximum building heights for all land uses within the ODP. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 43 7.3.17 Land Use Table ' A land use table that shows the acreage of each land use category in relationship to the entire PUD district. This table should include the density information noted above. 7.3.18 Development Schedule A general indication of the expected schedule of development, including any proposed phasing. Include a plan expiration statement. 7.3.19 Park Development A concept statement for Park, Trail and Open Space allocation. Also, add a statement of responsibility for park and open space development. For residential uses in any mixed -use sub -district, the Applicant shall state the location, timing and maintenance provisions for park development. 7.3.20 Private Maintenance and Enforcement A description of any agreements, conveyances, restrictions, or covenants which will govern the use, maintenance and continued protection of the PUD and any of its parks, open space, common area or joint ownership areas. 7.3.21 Approval Blocks Approved by the Town Board of Trustees of the Town of Firestone, Colorado this day of No. Mayor 20 by Ordinance ATTEST: Town Clerk 7.3.22 Acceptance Block and Notary By signing this ODP, the owner acknowledges and accepts all of the requirements and intent set forth herein. OWNER STATE OF COLORADO ) )SS COUNTY OF WELD ) Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 44 The foregoing instrument was acknowledged before me this day of ,2_, by Witness my hand and official seal Notary Public My commission expires 7.4 ODP Map Sheets The following information shall be supplied in map form. The size of the ODP map shall be 24 inches by 36 inches. The ODP map shall be in a scale of 1-inch = 100-feet or 1- inch = 50-feet, unless otherwise approved by the Town Planner. If the ODP map does not fit onto one sheet, at the noted scale, an additional overall map of the development shall be provided. This map will be a reduction of the plan so that it all fits onto one 24x36-inch sheet. If necessary, this sheet shall be the first sheet after the ODP text sheets. 7.4.1 Firestone Information Block All ODP sheets shall have a Firestone Information block located in the bottom right corner of each sheet. For specifications on the Firestone Information Block, see Section 2. 7.4.2 Title Block The following information shall be clearly located on the top center of each sheet: Outline Development Plan PROJECT OR DEVELOPMENT NAME Town of Firestone Weld County State of Colorado Sheet of 7.4.3 Scale and North Arrow The scale at which the drawings are drawn and a graphic representation, and a symbol designating true North. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 45 7.4.4 Circulation Systems The location of major existing and planned streets within and adjoining the ODP, with notes specifying general conditions such as right-of-way width, access control, and other pertinent factors when applicable. Off -site intersections and driveway cuts for properties along streets that are on the perimeter of the ODP shall also be shown. The location of major existing and planned pedestrian and non -motorized circulation systems within and adjoining the ODP shall be shown. 7.4.5 Land Use Existing zoning of properties adjoining the ODP. 7.4.6 Land Use Districts The location of all proposed land use districts, including the gross acreage of each. 7.4.7 Buildings and Structures Existing buildings, structures and features remain, including all oil and gas facilities. with notes specifying whether they are to 7.4.8 Parcel Boundaries A description of all monuments, both found and set, which mark the boundaries of the parcel, including a description of two or more recorded monuments on record with Weld County, used in conducting the survey. Only one tie will be required for parcels containing two acres or less. 7.4.9 Utilities Existing major utility facilities and easements. 7.4.10 Drainage Location of existing major drainage courses, (with names, if available) and existing regulatory floodplains. 7.4.11 Environmental Environmentally significant areas, regulatory wetlands, hazards or features including scenic corridors and archaeological sites. 7.4.12 Contours The existing topographical character of the land at a contour interval no greater than five feet or as shown on a USGS 7.5 minute series map for the area. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 46 7.4.13 Transportation, Park and Trails Sub -Area Plans The following sub -area transportation plans are required to be submitted with the ODP, unless otherwise directed by the Town Planner. The information can be combined onto one sheet. A. Sub -Area Vehicular Transportation Plan B. Sub -Area Non -Motorized Circulation Plan C. Sub -Area Park Plan It is intended that this information be provided on a separate 24-inch by 36-inch map sheet and shall include an area of at least two miles from the external ODP boundary. The scale for this map shall be no smaller than 1-inch equals 1,000-feet, unless otherwise approved by the Town Planner. This map sheet should be added to the other map sheets and numbered sequentially there from. This sheet should identify existing and planned facilities within the noted area and planned within the ODP. 7.5 First Submittal Requirements The Applicant should submit five complete sets of the materials to the Planning Coordinator. The Planning Coordinator will distribute one copy each to the Town Engineer, the Town Planner, the Town Attorney, and Public Works for initial review. See Exhibit R for a summary of the items required. 7.6 Application Review by Staff Within 30 days, or as soon as reasonably possible after an Applicant has submitted a development application, Town Staff will review the application to determine if the application is complete. If it is not complete, Town Staff will inform the Applicant of those items that need to be submitted or resubmitted. 7.7 Application Substantially Complete Once Town Staff determines that the application is substantially complete, Town Staff will inform the Applicant of that fact in writing. 7.8 Review Comments to Applicant Once Town Staff determines that the application is substantially complete Town Staff will review the application and provide review comments to the Applicant. Flrestone Development Regulations May 2013 JB Resolution No. 13-22) 47 7.9 Second Submittal Requirements The Applicant shall address Town Staff review comments, as appropriate, and resubmit the number of copies as itemized in Exhibit R. A written response to each of staffs comments shall be provided. The Applicant shall return any redlined drawings, reports, etc. from the previous submittal. 7.10 Processing Schedule Once the Applicant has provided the Town with the Second Submittal, and Town Staff has found the Second Submittal to be substantially complete, Town Staff will prepare a processing schedule for the application. A copy of the schedule will be provided to the Applicant. 7.11 Referral Mailings It shall be the responsibility of the Applicant to provide copies of the application materials to referral agencies noted in Exhibit P. The referral mailing shall include a CD of the complete application and a copy of the Firestone Referral Mailing Cover Sheet as shown in Exhibit P. The referral contents and the Cover Sheet shall be placed in appropriately sized envelopes with the proper postage. Addresses for referral mailings are shown in Exhibit P. This address list has been formatted to be copied onto a 1-inch by 4-inch mailing label sheet. The box in front of the entity on a particular mailing shall be checked consistent with the label on the same envelope (e.g. Check City of Dacono on the Referral Mailing Cover Sheet that is placed within the envelopes being mailed to the City of Dacono). The Applicant shall provide to the Planning Coordinator a notarized mailing affidavit stating that the referral mailings have been completed, a list of all parties notified and the date on which they were mailed. These notices shall be mailed at least fifteen (15) days prior to the Planning Commission meeting, not including the day of the meeting. 7.12 Neighborhood Meeting A Neighborhood Meeting shall be held pursuant to Section 2.7. 7.13 Publications Town Staff will publish proper notice of the Planning Commission meeting on the development application. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 48 7.14 Notification to Owners of Interest and to Mineral Estate Owners A. Owners of Interest. The Applicant shall submit to the Town an Owners of Interest List as defined in these Regulations (e.g. surface owners easement holders, and persons who have other legal or equitable interests in the property). The list shall include the names and address of such owners. This list shall be obtained based on records from the County Assessor's office and the Clerk & Recorder's office and any more recent address .information as may be available in telephone or other general use directories. The list must be certified by the Applicant in writing as true and complete within one' month prior to submitting the development application. The applicant shall prepare the notice to be sent to Owners of Interest. The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was or will be published by the Town for the hearing. This notice, along with a vicinity map, shall be mailed by the Applicant, via certified mail, return receipt requested to the Owners of Interest. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the persons and entities on the Owners of Interest List, and mail receipts shall be delivered to the town at or prior to the hearing. The original of all returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least fifteen (15) days prior to the Planning Commission meeting, not including the day of the meeting. B. Mineral Estate Owners. The Applicant shall be solely responsible for preparing and sending notice to Mineral Estate Owner(s) in the manner required by C.R.S. § 24-65.5-101 et seq., as amended from time to time, and for otherwise complying with the statute. The statute generally requires that notice of the initial public hearing be sent to the Mineral Estate Owner(s) not less than 30 days before the date scheduled for the hearing. The notice prepared by the Town for mailing to Owners of Interest and Surrounding Property Owners will not contain all of the information that must be included in the notice required by the statute to be sent to the Mineral Estate Owner(s). The Applicant therefore must prepare the proper notice and ensure it is mailed or delivered as required by law. Prior to opening the hearing, the Applicant shall in writing certify to the Town that the Applicant has provided notice to the Mineral Estate Owner(s) as required by law. The certification shall be in a form acceptable to the Town and such certification shall be a condition of final approval of any application. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 49 7.15 Notification to Surrounding Property Owners The Applicant shall submit to the Town a Surrounding Property Owners List. The list shall include the names and address of such owners within 300-feet of the outside boundaries of the property subject to the development application. This list shall be based on records.from the County Assessor's office and the County Clerk & Recorder's, and must be certified by the Applicant as true and complete within one month prior to submitting this application. The applicant shall prepare the notice to be sent to Surrounding Property Owners. The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was or will be published by the Town for the hearing. This notice along with a vicinity map shall be mailed by the Applicant, via certified mail, return receipt requested to such Surrounding Property Owners. In addition, Notice shall be mailed in the same fashion to the Board of Directors of any owners association existing with respect to any adjoining property. The Town Planner may require the notice of such meeting (including the vicinity map) also be hand delivered to certain other entities. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the entities on the Surrounding Property Owners List and the date on which they have been mailed. The original of all returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least fifteen (15) days prior to the Planning Commission meeting, not including the day of the meeting. 7.16 Special District Inclusion Certifications A letter from all special districts intended to serve the property, if requested by Town staff, is required to be submitted by the Applicant stating the property is already within such district or is within the district's service area. It is the responsibility of the Applicant to request such letters from the district. The Town may require inclusion into certain special districts before development processing can conclude. 7.17 Property Posting Property Posting is required for zoning matters. At least fifteen (15) days prior to, but not including, the Planning Commission Public hearing date on the zoning matter the property shall be posted with notice of such meeting. The Planning Coordinator will prepare the signs. The Applicant can pick up the signs from the Planning Coordinator no sooner than 20 days prior to the meeting. The Applicant shall place the signs on the property (near the property boundary) facing all public roadways in no more than four directions. The Applicant shall be responsible for checking the signs each day of the posting period and keeping an accurate log. If a sign has been moved, destroyed, or Firestone Development Regulations May 2013 JB Resolution No. 13-22) 50 fallen, the sign must be replaced by the Applicant within forty-eight (48) hours. Within 10 days after final Town action on the application, the Applicant shall remove the posted signs and return any Town signs to the Town. Such signs shall be returned to the Town or the recording of project documents may be suspended as determined by the Town Planner. Property posting is not required where an annexation or zoning exclusively involves public right-of-way only. 7.18 Posting Log The sign posting log shall be provided to the Planning Commission at the Public Hearing. If the Posting Log is not provided, the meeting may be vacated. The property posting log form is shown in Exhibit Q. 7.19 Staff Report for the Planning Commission By no later that the Friday prior to the Planning Commission meeting, Town Staff will complete a Staff Report. A copy of such report will be transmitted to the Applicant. 7.20 Preparation for Planning Commission The Monday prior to Planning Commission Public Hearing, the Applicant shall contact the Town Planner to discuss the Applicant's presentation materials and exhibits. The Town Planner may request that -this conversation be at a meeting. The Town Planner will confirm that the Applicant will bring to the hearing the necessary graphic exhibits of the Application and other materials to assist the Planning Commission and the general public in clearly understanding the proposal in the limited time of the public hearing. Such graphic exhibits shall be of a size and color scheme to be easily discernable by the audiences. Also, an additional exhibit may be required so that it can be shown to the general public. If the Planner determines that the Applicant is unprepared for the presentation, then the Town Planner can inform the Town Manager of such fact and the Town Manager may require that the Public Hearing be VACATED until such necessary information is prepared. 7.21 Planning Commission Meeting Within 60 days, or as soon as reasonably possible, after the Town receives a complete application, the Planning Commission shall hold a meeting on the annexation and a public hearing on the zoning of the property. Upon completion of the hearing, the Planning Commission shall, after commission deliberation, vote on the matter. Any motion should briefly state the findings of fact and conclusions of the Planning Commission with reference to the relevant and material evidence and testimony supporting such findings of fact and conclusions. The Planning Commission may vote to either recommend approval, approval with conditions, or denial of the application. As an Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 51 alternative to taking action on the application at that meeting, the Planning Commission may act in accordance with the following upon vote of the majority of the members present: A. Make a decision and vote on the application, using the draft resolution .previously prepared, as may be amended during the hearing; or B. Make a decision and vote on the application, but request the Town Attorney to prepare findings of fact and conclusions for approval and adoption at the next regular meeting; or C. Defer a decision and direct the Town Attorney to prepare findings of fact and conclusions to be submitted to Planning Commission at its next regular meeting, with final deliberation, decision and adoption of the findings of fact and conclusion at that meeting; or D. Defer a decision until a date certain, as is mutually agreed upon by the Applicant and the Planning Commission, by which time the record and all evidence can be reviewed. At that time, the Planning Commission can either adopt findings of fact and conclusions or direct the Town Attorney to prepare findings of fact and conclusions for adoption at the next regular meeting after the meeting to which the matter has been deferred. 7.22 Third Submittal Materials After the Planning Commission meeting and prior to the Town Board meeting the Applicant shall provide the Planning Coordinator with additional copies of submittal items shown in Exhibit R. Prior to this submittal of these documents, the Applicant may desire to modify the application as recommended by the Planning Commission. The documents will need to be provided to the Town pursuant to the schedule prepared by the Town. 7.23 Publications Town Staff will publish proper notice of the Town Board meeting and public hearing. 7.24 Notification to Owners of Interest and to Mineral Estate Owners The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was or will be published for the hearing. This notice along with a vicinity map shall be mailed by the Applicant, via certified mail, return receipt requested to the Owners of Interest. The Applicant shall also prepare and Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 52 mail or deliver a notice of the meeting to Mineral Estate Owners in the manner required by C.R.S. § 24-65.5-101, et seq., as amended from time to time. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the entities on the Owners of Interest List and have been mailed or delivered to the entities on the Mineral Estate Owners List, and mail receipts and delivery receipts shall be delivered to the town at or prior to the hearing. The original of all returned receipts and delivery receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed or delivered at least fifteen (15) days prior to the Town Board meeting, not including the day of the meeting. 7.25 Notification to Surrounding Property Owners The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was published for the hearing. This notice along with a vicinity map shall be mailed by the Applicant, via certified return receipt mail to such Surrounding Property Owners. In addition, notice shall be mailed in the same fashion to the Board of Directors of any owners association existing with respect to any adjoining property. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the entities on the Surrounding Property Owners List and the date on which they have been mailed. The original of all returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least fifteen (15) days prior to the Town Board meeting, not including the day of the meeting. 7.26 Property Posting By Applicant Property Posting is required for all zoning matters. At least fifteen (15) days prior to, but not including, the Town Board Public hearing date on the zoning matter, the property shall be posted with notice of such meeting. The Planning Coordinator will prepare the signs. The Applicant can pick up the signs from the Planning Coordinator no sooner than 20 days prior to the meeting. The Applicant shall place the signs on the property (near the property boundary) facing all public roadways with a maximum of four signs. The Applicant shall be responsible for checking the signs each day of the posting period and keeping an accurate log. If a sign has been moved, destroyed, or fallen, the sign must be replaced by the Applicant within forty-eight (48) hours. Within 10 days after final Town action on the application, the Applicant shall -remove the posted signs and return any Town signs to the Town. Such signs shall be returned to the Town or the recording of project documents may be suspended as determined by the Town Planner. Property Firestone Development Regulations May 2013 JB Resolution No. 13-22) 53 posting is not required where an annexation or zoning exclusively involves public right- of-way only. 7.27 Posting Log The signed posting log shall be provided to the Town Board at the Public Hearing. The posting log is shown in Exhibit Q. 7.28 Staff Report for the Town Board By no later than the Friday prior to the Town Board meeting Town Staff shall prepare a Staff Report. As appropriate, Town Staff will amend the Staff Report that was submitted to the Planning Commission, for distribution to the Town Board. A draft resolution will typically be prepared in conjunction with the Staff Report. A copy of such report and resolution will be transmitted to the Applicant. 7.29 . Preparation for the Town Board Hearing The Monday prior to Town Board Public Hearing, the Applicant shall contact the Town Planner to discuss the Applicant's presentation materials and exhibits. The Town Planner may request that this conversation be at a meeting. The Town Planner will confirm that the Applicant will bring to the hearing the necessary graphic exhibits of the Application and other materials to assist the Town Board and the general public in clearly understanding the proposal in the limited time of the public hearing. Such graphic exhibits shall be of a size and color scheme to be easily discernable by the audiences. Also, an additional exhibit may be required so that it can be shown to the general public. If the Planner determines that the Applicant is unprepared for the presentation, then the Town Planner can inform the Town Manager of such fact and the Town Manager may require that the Public Hearing be VACATED until such necessary information is prepared. 7.30 Town Board Meeting Within 60 days or as soon as reasonably possible after recommendation of the Planning Commission, notice shall be provided and the Board of Trustees shall hold a public hearing. If the recommendation of the Planning Commission is to approve or grant the proposed zoning or rezoning, the Town Clerk shall place an ordinance embodying the proposed rezoning on the agenda of a meeting of the Board of Trustees. The findings of fact and conclusions and recommendations of the Planning Commission, responses to referrals, and recommendations of planning staff shall be submitted to the Town Clerk immediately after the final decision of the Planning Commission and shall become a part of the record of the case before the Board of Firestone Development Regulations May 2013 JS Resolution No. 13-22) 54 Trustees. The same shall be considered to be a public record and available in the office of the Town Clerk for examination by any person from the time of filing during regular business hours, including the members of the board. Upon completion of the hearing, the Board of Trustees shall, after board discussion, vote on the matter. Any action will briefly state the findings of fact and conclusions of the Board of Trustees with reference to the. relevant and material evidence and testimony supporting such findings of fact and conclusions. The Board shall vote to approve, approve with conditions, or deny the application, or it may continue or table action on the application or remand the application, as permitted by law. If the Board approves an application with conditions, the Applicant shall make such modifications to the required text, maps, studies, etc. before the Mayor signs any necessary approval blocks. The Board may also act in accordance with the following upon vote of the majority of the members present: A. Make a decision and vote on the application, using the draft resolution previously prepared, as may be amended during the hearing; or B. Make a decision and vote on the application, but request the Town Attorney to prepare findings of fact and conclusions for approval and adoption at the next regular meeting; or C. Defer a decision and direct the Town Attorney to prepare findings of fact and conclusions to be submitted to the Board of Trustees at its next regular meeting, with final deliberation, decision and adoption of the findings of fact and conclusion at that meeting; or D. Defer a decision until a date certain as is mutually agreed upon by the Applicant and the Board of Trustees by which time the record and all evidence can be reviewed. At that time the Board of Trustees can either adopt findings of fact and conclusions or.direct the Town Attorney to prepare findings of fact and conclusions for adoption at the next regular meeting after the meeting to which the matter has been deferred. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 55 7.31 Final Document Preparation, Review and Recording Subsequent to any approval by the Town Board, the Applicant shall provide the Town with a paper copy of all documents amended by the Applicant, pursuant to conditions imposed by the Town Board. Town Staff will review these amended documents relative to any Town Board conditions. Once the documents appear satisfactory to Town. Staff relative to the noted conditions, Town Staff will request the final documents be delivered to the Town for Recording (See Exhibit R for the proper number and material of all final documents). The ODP and related documents shall be recorded by the Town Clerk or his or her designee only, and recording by any other party is prohibited. If 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. 7.32 Publication of Ordinances and Referendum Period The Town Clerk will publish and record all ordinances related to an ODP application. Such ordinances may be subject to referendum, as provided by law. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 56 8.0 Preliminary Development Plan All PDP applicants shall provide the following submittal requirements. It is the intent of the submittal requirements for the PDP to provide the Town with sufficient information to adequately evaluate the plan, and not create excessive or repetitive submittal demands on the Applicant. For planning related submittal requirements, the Town Planner has the right to waive any of the submittal requirements, stated herein, if in the Planner's determination such requirement is not necessary to evaluate the intent, purpose or impact of the proposed development. The same authority is established for the Town Engineer for engineering related submittal requirements. Subdivision Preliminary Plat review shall, if necessary or appropriate, as determined by the Town Planner, is carried out simultaneously with the PDP review. The Preliminary Plat shall be, if necessary or appropriate as determined by the Town Engineer, processed concurrently with Preliminary Utility Plans. The PDP can be processed jointly with an FDP, however, it is generally not recommended for Applicants to do so, as the level of detail associated with an FDP and Final Utility Plans is significantly greater than that of a PDP, Preliminary Plat and Preliminary Utility Plans. Approval by the Town of these preliminary documents assists the Applicant in understanding the Town's preliminary position on the development, prior to the effort associated with final documents. 8.1 Pre -Application Submittal Conference A pre -application submittal conference is encouraged to be held pursuant to Section 2.2. 8.2 Application Notebook The following materials shall be submitted in an application notebook as specified in Section 2.10 (1). 8.2.1 Table of Contents A table of contents shall be provided as the first sheet in the notebook. To the extent possible, these documents noted below shall also be provided in electronic format as noted in Chapter 2. 8.2.2 Development Application A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5. The Development Application has a signature block that notes the applicant has read pertinent sections of these Development Regulations. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 57 8.2.3 Development Cost Agreement A Cost Agreement and Funds Deposit Agreement shall accompany the development application. An original copy with these agreements shall be provided with the First Submittal (the First Submittal is as described below) in a separate envelope labeled Cost Agreement and Funds Deposit Agreement Attention Finance Department. These agreements are described in Section 2.4 and the standard format for these documents is shown in Exhibit G. An original copy of these agreements shall be provided to the Applicant by Town staff soon after the pre -application conference. The costs associated with the Funds Deposit Agreement are subject to change by the Town Manager. 8.2.4 Vicinity Map A vicinity map shall be prepared at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch by 11-inch sheet of paper. 8.2.5 Title Commitment The Applicant shall submit a current Title Commitment for the Property, dated no later than one month prior to the application date. The applicant shall provide endorsements updating the effective date as requested by the Town. 8.2.6 Legal Description An overall legal description of the perimeter of the PDP is required. In addition, separate legal descriptions are required for each proposed land use category included in the PDP. The total acreage should be identified. All legal descriptions shall be metes and bounds unless the property has been previously platted in the Town and the Town Engineer approves a different legal description. A computer version of the legal description (Word document) on CD is also required to be submitted by the Applicant. The Applicant shall provide lot closures for all legal descriptions. 8.2.7 Tax Certificate The Applicant shall submit a current Weld County Tax Certificate for the subject Property. 8.2.8 Special District Inclusion and Utility Provider Certifications A letter from all special districts intended to serve the property, if requested by Town staff, is required to be submitted by .the Applicant stating the property is already within such district or is within the district's service area. It is the responsibility of the Applicant Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 58 to request such letters from the district. The Town may require inclusion into certain special districts before development processing can conclude. In addition, a, letter from all utility providers intended to serve the property is required to be submitted by the Applicant stating the utility provider's agreement that property is eligible for service. The submittal at FDP should include any additional or updated letter received from utility provide since the PDP submittal. The Town may request additional evidence that adequate provisions have been made for reliable and adequate utility service for the proposed subdivision or development. 8.2.9 Water Rights Questionnaire A completed Water Rights Questionnaire (Exhibit L) must accompany the development application. 8.2.10 Fiscal Impact Analysis A general fiscal impact analysis is prepared by the Town. However, a fiscal impact submittal form must be completed by the Applicant. The fiscal impact submittal form is shown as Exhibit K. 8.2.11 Environmental Assessment Unless waived by the Town Engineer, a Phase I environmental assessment shall be required. Report can be included in the notebook or as a separate document. 8.2.12 Traffic Impact Study Unless waived by the Town Engineer, a Traffic Impact Study prepared pursuant to the requirements specified in Section 11.0 shall be required. The study can be included in the notebook or as a separate document. 8.2.13 Soils Report Unless waived by the Town Engineer, a Soils Report prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 8.2.14 Drainage Report Unless waived by the Town Engineer, a Drainage Report prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 59 8.2.15 Hydraulic Analysis Report Unless waived by the Town Engineer a Hydraulic Analysis prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 8.2.16 Mine Subsidence Report Unless waived by the Town Engineer, a Mine Subsidence Report shall only be required for applications that have been undermined. 8.3 Response Letter For a second or third submittal (as described below) a letter shall be provide describing how each staff comment or Planning Commission recommended condition (if available) has been addressed. 8.4 PDP Cover and Text Sheets The following information shall be prepared on sheets 24-inches by 36-inches in size and supplied at the beginning and in sequence with the PDP map sheets. This information shall be provided in the same order as noted below. An additional duplicate copy of such text shall also be provided in an 8.5x11-inch format (in a convertible electronic format on the required CD) in the application notebooks for review by Town staff, Planning Commission and the Town Board during the development review process. 8.4.1 Firestone Information Block All PDP sheets shall have a Firestone Information block (located in the bottom right corner of each drawing sheet). For specifications on the Firestone Information Block, see Section 2. 8.4.2 Title Block The following title information shall be clearly located on each page of the text sheets and at the top center of each drawing sheet: Preliminary Development Plan PROJECT OR DEVELOPMENT NAME Phase or Filing No. Town of Firestone Weld County State of Colorado Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 60 Sheet of 8.4.3 Vicinity Map A vicinity map shall to be added to the cover sheet of the PDP at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one- half mile. The map shall also show the existing limits of the Town of Firestone. 8.4.4 Owner/Developers The name, address, phone number, and email address of the owner(s) (and developer if different than the owner). 8.4.5 Technical Consultants Names, addresses, phone numbers, and email addresses of technical planning, architectural and engineering consultants involved with the submittal of the PDP. 8.4.6 Legal Description An overall legal description of the perimeter of the PDP is required. In addition, separate legal descriptions are required for each proposed land use category included in the PDP. The total acreage should be identified. All legal descriptions shall be metes and bounds unless the property has been previously platted in the Town and the Town Engineer approves a different legal description. 8.4.7 Project Concept A statement of the character and development concept of the PDP and of how the PDP has been planned to incorporate the goals and objectives of the PUD district. 8.4.8 Land Use Table A land use table that shows building coverage and gross building square footage for each building. The percentage of paved areas, park areas, and open space areas in relationship to the gross area of the PDP shall also be shown. For residential single- family applications, the land use table shall include a detailed breakdown of lot sizes based on the following tiers: Lot Size (square feet) 0-10,000 10,001-12,500 12,501-15,000 Firestone Development Regulations May 2013 JB Resolution No. 13-22) 61 15,001-17,500 17,501-20,500 20,501-23,000 23,001-25,500 25,501-28,000 28,001-30,500 30,501-33,000 33,001-35,500 35,501-38,000 38,001-41,000 41,001-43,500 8.3.1 Residential Densities Gross density of any residential uses shall be shown. in dwelling units per acre. Minimum and maximum lot sizes shall also be provided. 8.3.2 Environmental Impact Mitigation A description of special treatment for any environmentally significant area, hazard or feature, including scenic corridors and archaeological sites. 8.4.9 Private Maintenance and Enforcement Agreements, provisions, or covenants which are intended to govern the use, maintenance and continued protection of the PDP and any of its common areas and landscaped areas, including a statement of responsibility for park development, if applicable. 8.4.10 Parks, Trails and Open Space A description of any public and private open space, greenbelts and trail areas and the maintenance responsibility for each. 8.4.11 Controls A statement shall be included in the PDP that specifies how any common open space shown in the PDP will be developed and maintained. Copies of any agreements, conveyances, restrictions or covenants which will govern the use, maintenance, and continued protection of the PDP and any of its park, open space, common area, or joint ownership areas shall also be provided. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 62 8.4.12 Drainage A description of all drainage courses and planned improvements. 8.4.13 Utilities A general description of all utility systems and improvements. 8.4.14 Water Dedication Include the appropriate water dedication paragraph for the application pursuant to Exhibit X. 8.4.15 Parking The number of parking spaces for each land use and the total square footage of internal landscaping within each parking area. Internal landscaping includes all landscaping within and including adjacent buffer and setback areas. 8.4.16 Architecture A description of architectural treatments for all building elevations and other site features. Include the following notes and chart: Architecture General Standards Architectural standards will conform to town regulations and municipal code as they may be amended from time to time. Rpvn inns Sample architectural elevations indicating the general architectural style homes are shown on Sheets . All homebuilders shall submit plans that are generally consistent with the noted sample elevations and meets the architectural and development standards noted below: 1. Generally, when looking at the Front of any lot, the Right Elevation is to the right of the Front, the Left Elevation is to the left of the Front and the Rear Elevation is opposite the Front of the lot (i.e. the Front Elevation). 2. Rock means rock, brick, stone or cultured stone. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 63 3. All homes shall have a minimum of 25% of the entire front elevation (with the area of the garage also included in the calculation) in rock. The Town Planner in his sole discretion may reduce the requirement to 20%, if it can be demonstrated that the elevation does not need 25% to be aesthetically pleasing or to avoid a situation where rock would be required on the second story. 4. All homes shall meet the following architectural standards: A. All lap siding shall be no less than 8-inches with no less than a 7-inch exposure. Cottage siding is prohibited. B. All windows and building corners must have a minimum of a 4-inch trim board. C. Roof materials shall be dimensional asphalt shingle treatment designed to provide increased contrast and shadows. The roof colors shall coordinate with or complement the main color of the structure. D. Similar house elevations shall not be placed next to or directly across from one another. E. Detached garages are not permitted. F. All residential homes shall be "stick built" and have a minimum of a two car garage. G. All homes shall have a minimum floor area of square feet for ranch plans (single story) and square feet for multi -level plans. Notwithstanding the foregoing, all homes that directly back up to fill in with name of arterial street) on lots in excess of square feet shall have a minimum floor area of square feet for multi -level plans. A minimum floor area of square feet for ranch plans is acceptable on such lots. In all cases the calculation of floor area does not include the floor area of any part of the garage, basement, attic, deck, patio or other similar accessory area. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 64 H. All homes shall have a basement where technically feasible as determined by the Town Engineer. Where a basement is not feasible, the homes shall have "crawl spaces". I. Any elevation that has rock, brick or cultured stone at the base of the elevation, such material shall wrap around at least 2-feet on to the adjoining elevation. 5. Enhanced Elevation Option 1 shall mean the elevation shall have a minimum of 25% rock or cultured stone, with at least one window. All windows shall have shutters. The Town Planner in his sole discretion may, on a case by case basis, waive the requirement for a window, if it can be demonstrated that the window would not be prominent to the view from (fill in with name of arterial street), conflict with the interior architecture or conflict with windows on an adjoining home. The following items shall also be included in with Option 1: A. The rear elevation must include at least two windows or one window and one doorway. B. The rear elevation shall have a minimum of two roof breaks to create a variation in roof massing. C. The rear wall shall include at least one of the following elements. • Angled or box bay. • Deck or balcony. 6. Enhanced Elevation Option 2 shall mean the elevation shall have at least one window. All windows shall have shutters. The Town Planner may on a case by case basis, in his sole discretion waive the requirement for a window on any elevation, if it can be demonstrated that the window would not be prominent to the view from Lfill in with name of arterial street), conflict with the interior architecture or conflict with windows on an adjoining home. The following items shall also be included in with Option 2: A. The rear elevation shall have a minimum of two roof breaks to create a variation in roof massing. B. Decorative gable end vent or vents. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 65 C. The rear wall shall include at least one of the following elements. • Angled or box bay. • Deck or balcony. 7. At time of Final Development Plan for each filing, an enhanced elevations table will be provided which identifies the architectural treatments required for the noted lots in the FDP Filing in a form similar to the chart noted below. Lot Number Elevations and Option Number Right Left Rear Block 1 1 2 Block 2 1 2 Foundation Walls • The maximum amount of foundation wall permitted to be exposed above finished grade is 8". Address Signs • Street addresses are to be prominently displayed in contrasting color plainly visible from the street. Accessory Buildinas • Each lot will be allowed a maximum of one accessory building. The square footage of the accessory building located on the ground shall be no larger than 200 square feet and must be constructed of durable, low maintenance materials, architecturally compatible and integrated with existing buildings and structures. Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location or other techniques deemed sufficient. 8.4.17 Setbacks All setbacks from roadways and/or property lines shall be specified. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 66 Include the following notes: Setbacks • Decks may be covered provided such cover does not extend into the building setbacks. • Uncovered decks are permitted if they meet the following standards: -A deck shall be no closer than 14 feet from the rear property line. Deck setbacks shall be measured from the lot line to any portion of the deck. -No deck shall be constructed within the side setbacks or upon any established easement. -Decks shall be no greater than 30 inches in height unless the deck is constructed within the standard building setback. 8.4.18 Development Schedule The approximate date on which construction of the project will begin, the stages in which the project will be built, the approximate date when the construction of each stage will begin, the approximate rate of development, the interim uses and treatment of areas waiting to be developed, the approximate dates when the development of each of the stages in the development will be completed and the area and location of common open space that will be provided at each stage of the development. Include a plan expiration statement. 8.4.19 Sign Program A general description of the signs to be used, indicating shape, size, material, color, location and text of all permitted signs. 8.4.20 Approval Block Approval Blocks as follows: Approved by the Town Board of Trustees of the Town of Firestone, Colorado this No Mayor Firestone day of , 20 by Resolution ATTEST: Town Clerk Development Regulations May 2013 (TB Resolution No. 13-22) 67 8.4.21 Acceptance Block and Notary By signing this PDP, the owner acknowledges and accepts all of the requirements and intent set forth herein. OWNER STATE OF COLORADO ) )SS COUNTY OF WELD' ) The foregoing instrument was acknowledged before me this 2_, by Witness my hand and official seal Notary Public My commission expires day of , 8.5 PDP Map Sheets The following information shall be supplied in drawing form. The size of the PDP drawings shall be 24 inches by 36 inches. The information may be oriented either horizontally or vertically provided north is oriented to the top of any map. The following 12 individual drawings are required. These plans shall be numbered sequentially and use the same "graphic architectural standards" throughout. A. Project Plan B. Tract Plan C. Site Plan D. Grading Plan E. Landscape Plan F. Fencing Plan G. Signage Plan H. Building Elevations 1. Utility Plan J. Cross Sections K. Sub -Area Plans Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 68 The following information shall be supplied with all the required drawings: 8.5.1 Firestone Information Block All PDP sheets shall have a Firestone Information block (located in the bottom right corner of each drawing sheet). For specifications on the Firestone Information Block, see Section 2. 8.5.2 Title Block The following information shall be clearly located on the top center of each sheet: Preliminary Development Plan PROJECT OR DEVELOPMENT NAME Planned Unit Development Town of Firestone Weld County State of Colorado Sheet of 8.5.3 Scale and North Arrow The scale at which the drawings are drawn and a graphic representation and a symbol designating true North. 8.5.4 Dimensions Where appropriate on all map sheets, general plan dimensions shall be shown. 8.5.5 Parcel Boundaries Where appropriate, a description of all monuments, both found and set, which mark the boundaries of the parcel, including a description of two or more recorded monuments on record with Weld County, used in conducting the survey. Only one tie will be required for parcels containing two acres or less. 8.5.6 Project Plan An overall plan of the project at whatever scale necessary to show the entire development on one 24-inch by 36-inch sheet. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 69 8.5.7 Tract Plan The Tract Plan shall show all streets, lots and development areas. The plan shall be at a scale to fit on one 24-inch by 36-inch sheet unless otherwise directed or approved by the Town Planner. All proposed Tracts shall be clearly identified. 8.5.8 Maintenance Table A maintenance table shall be provided showing the ownership and maintenance responsibilities of each tract. 8.5.9 Site Plan The Site Plan shall be drawn at one of the following scales: 1-inch = 50-feet, 1-inch = 40-feet, 1-inch = 30-feet or 1-inch = 20-feet, unless another scale is determined appropriate by the Town Planner. If the Site Plan map does not fit onto one sheet, at the noted scale, an additional overall map of the development shall be provided. This map will be a reduction of the plan so that it all fits onto a 24x36-inch sheet. If necessary, this sheet shall be the first sheet after the PDP text sheets. The following information shall be supplied on the Site Plan drawing: 8.5.10 Adjacent Properties A list of contiguous property uses and subdivision names (and reception numbers if plats have been recorded). 8.5.11 Structures and Improvements Approximate location of all existing or planned structures within the PDP and within one hundred fifty feet of its external boundary. 8.5.12 Roadways, Right -of -Ways and Easements Specific location and dimensions of all existing and proposed roadways, alleys and access easements, other rights -of -way and other utility easements. Private drives shall be indicated as such. Existing and proposed points of ingress and egress shall be shown. Typical sections shall be included for all existing or planned roadways, showing applicable dimensions. 8.5.13 Paved Areas Location and type of surfacing for streets, walkways, bikeways, parking lots and other paved areas. 8.5.14 Setbacks and Lot Lines Location and dimension of lot lines and setback lines. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 70 8.5.15 Corner Lot Orientation For all platted lots, use an arrow to identify the front of the lot toward which the building shall face. 8.5.16 Outdoor Storage Areas Any area used or intended to be used for outdoor storage. 8.5.17 Open Space Areas Location and dimension of all open space areas and private greenbelts. For residential uses in a mixed -use sub -district, the location of any required park areas shall be shown. Areas identified as public parks should be noted as such. 8.5.18 Land Use Existing land uses and/or subdivisions within 300-feet of the PDP boundary and the existing and proposed land uses and acreages within the PDP. 8.5.19 Trash Disposal Areas Location, dimension, color, and construction materials for all trash disposal areas. 8.5.20 Mailboxes, Signs, Lighting and Advertising Devices Location, height and size of existing and proposed freestanding mailboxes (including neighborhood mailboxes in residential areas), signs, exterior lighting and other advertising devices. 8.5.21 Utility Screening Location and screening of all utilities, whether building or ground mounted. 8.5.22 Vegetation Any existing forested areas and areas composed of unique vegetation to remain after construction. 8.5.23 Drainage Information Designation of areas subject to the 100-Year Floodway and Flood Storage Area. 8.5.24 Cultural Impact Information Designate sites of historic, archaeological, or paleontological significance, identified by the State Archaeologist or State Historical Society, which are on the proposed site of development. If necessary, this information must include an assessment of the Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 71 mitigation measures or other proposals for preservation or identification of such sites, and the location of the areas. 8.5.25 Grading Plan Unless otherwise approved by the Town Planner, the Grading Plan shall be at the same scale as the Site Plan. In addition to relevant information from the Site Plan, the following information shall be supplied on the Grading Plan drawing: 8.5.26 Existing Contours Existing contours shall be shown in all directions from the external PDP boundary for a minimum distance of 50-feet All off -site contour lines, which have been approved by the Town or the County, as appropriate, for all adjacent platted properties which have not been constructed, within the distances noted above, shall be shown and noted as such. 8.5.27 Proposed Contours Proposed contour lines shall be shown at 1-foot intervals, unless otherwise approved by the Town. In areas with extreme topographical relief, contour lines at intervals of 2-foot need only be exhibited in the vicinity of buildings or areas of significant grading, such as parking areas, as practical. 8.5.28 Drainage Information Designation of areas subject to the 100-Year Floodway and Flood Storage Area. This information shall be provided by the Town Engineer. If this information is not available, a tentative flood plain will be defined by agreement between the Town Engineer and the owner/developer's engineer, according to generally accepted engineering standards, practices, and procedures of the Town of Firestone, Urban Drainage and Flood Control District, FEMA, and other pertinent regulatory agencies. Any PDP that includes any area subject to the 100-Year Flood shall generally show that adequate drainage is provided in order to reduce the exposure of flood hazards to the property, adjoining property and all public utilities including, sewer, gas, electrical and water. All buildings shall be constructed in conformance with the provisions in the Town's Flood Plain Ordinance. The intent is to have buildings sustain only minimal, if any, damage should a flood occur. 8.5.29 Paved.Areas Location of streets, walkways, bikeways, parking lots and other paved areas. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 72 8.5.30 Landscape Plan Unless otherwise approved by the Town Planner, the Landscape Plan shall be at the same scale as the Site Plan. In addition to relevant information from the Site Plan, the following information shall be supplied on the Landscape Plan drawing: 8.5.31 Statement of Intent A statement regarding the general intent of the landscape plan, including such subjects as screening, berming, shade, privacy, wind control, phasing, and solar access. 8.5.32 Paved Areas Location of streets, walkways, bikeways, parking lots and other paved areas. 8.5.33 Structures Approximate location of all existing or planned structures within the PDP, including park development features such as playground equipment for public and private park areas. 8.5.34 Location of Landscape Items The landscape plan shall show the location of plant and architectural materials (including items such as lighting, signage and fencing that are not already described in the PDP). Typical landscape plans may be provided for typical residential dwelling units, if approved by the Town Planner. Landscape plans shall be provided for the rear yards (as may be appropriate, as determined by the Town Planner) and HOA owned areas that are along major abutting roadways. 8.5.35 Material List A general description of all the materials used in the landscape design shall be including the maximum height for ornamental grasses. 8.5.36 Irrigation Narrative notes regarding the method, design and layout of irrigation facilities for all landscape areas. All areas, including native turf areas, must be irrigated. 8.5.37 Phasing A description of any landscape phasing plan. 8.5.38 Fencing Plan Provide the following information relative to the preparation of the fencing plan. Firestone Development Regulations May 2013 (7B Resolution No. 13-22) 73 8.5.39 Fencing Concept Provide a specific text description of the fencing to be used, indicating shape, size, material, color, and location. 8.5.40 Fencing Plan Provide an overall map show the location of fencing and indicate in a legend the development and construction responsibility of all areas 8.5.41 Fencing Elevations and Details Provide fencing elevations and details. 8.5.42 Signage Plan Provide the following information relative to the preparation of the signage plan on a specific plan sheet. 8.5.43 Signage Concept Provide a general description of the concept for the signage used. 8.5.44 Signage Plan Provide specific information relative to the signs to be used, indicating shape, size, material, color, location and text of all permitted signs. 8.5.45 Signage Details Provide signage details at a specific scale. 8.5.46 Building Elevations Elevations of all sides of all proposed structures and improvements shall be shown on the PDP map and labeled to show the direction of the view. Typical elevations may be submitted for single-family dwellings; however, specific drawings for all elevations of multi -family dwellings shall be submitted. A final architectural plan is not required by this section. 8.5.47 Utility Plan For development applications that do not require a submittal of Final Utility Plans pursuant to Section 11.0, a map sheet shall be provided that shows all necessary public utilities and connections thereto necessary to serve the proposed development. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 74 8.5.48 Cross Sections If the Town Planner determines the development is in uniquely close proximity to other buildings, residential areas or below the existing grade of surrounding areas, cross sections of the property, including adjoining properties, shall be submitted. The location of the cross sections, the distance the cross sections need to be from the external property boundary, and the information to be shown on the cross sections will be determined by the Town Planner. The cross sections shall show all outdoor storage areas and buildings. The vertical scale shall not exceed four times the horizontal scale. 8.5.49 Transportation, Park and Trails Sub -Area Plan The following sub -area transportation plans are required to be submitted with the PDP, unless otherwise directed by the Town Planner. The information can be combined onto one sheet. A. Sub -Area Vehicular Transportation Plan B. Sub -Area Non -Motorized Circulation Plan C. Sub -Area Park Plan It is intended that this information be provided on a separate 24-inch by 36-inch map sheet and shall include an area of at least two miles from the external PDP boundary. The scale for this map shall be no smaller than 1-inch equals 1,000-feet, unless otherwise approved by the Town Planner. This map sheet should be added to the other map sheets and numbered sequentially there from. This sheet should identify existing and planned facilities within the noted area and planned within the PDP. 8.6 First Submittal Requirements The Applicant should submit five complete sets of the materials to the Planning Coordinator. The Planning Coordinator will distribute one copy each to the Town Engineer, the Town Planner, the Town Attorney, and Public Works for initial review. See Exhibit S for a summary of the items required. The Planning Coordinator will not distribute any application that is not accompanied by, an executed Cost Agreement and Funds Deposit Agreement. 8.7 Application Review by Staff Within 30 days, or as soon as reasonably possible after an Applicant has submitted a development application, Town Staff will review the application to determine if the application is complete. If it is not complete, Town Staff will inform the Applicant of those items that need to be submitted or resubmitted. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 75 8.8 Application Substantially Complete Once Town Staff determines that the application is substantially complete, Town Staff will inform the Applicant of that fact in writing. 8.9 Review Comments to Applicant Once Town Staff determines that the application is substantially complete Town Staff will review the application and provide review comments to the Applicant. 8.10 Second Submittal Requirements The Applicant shall address Town Staff review comments, as appropriate, and resubmit the number of copies as itemized in Exhibit S. A written response to each of staff's comments shall be provided. The Applicant shall return any redlined drawings, reports, etc. from the previous submittal. 8.11 Referral Mailings It shall be the responsibility of the Applicant to provide copies of the application materials to referral agencies noted in Exhibit P. The referral mailing shall include a CD of the complete application and a copy of the Firestone Referral Mailing Cover Sheet as shown in Exhibit P. The referral contents and the Cover Sheet shall be placed in appropriately sized envelopes with the proper postage. Addresses for referral mailings are shown in Exhibit P. This address list has been formatted to be copied onto a 1-inch by 4-inch mailing label sheet. The box in front of the entity on a particular mailing shall be checked consistent with the label on the same envelope (e.g. Check City of Dacono on the Referral Mailing Cover Sheet that is placed within the envelopes being mailed to the City of Dacono). The Applicant shall provide to the Planning Coordinator a notarized mailing affidavit stating that the referral mailings have been completed, a list of all parties notified and the date on which they were mailed. These notices shall be mailed at least fifteen (15) days prior to the Planning Commission meeting, not including the day of the meeting. 8.12 Processing Schedule Once the Applicant has provided the Town with the Second Submittal, and Town Staff has found the Second Submittal to be substantially complete, Town Staff will prepare a processing schedule for the application. A copy of the schedule will be provided to the Applicant. If the application includes a subdivision request, the schedule shall provide that, after the second submittal is received and all referral and comment periods have been completed, the application shall be transmitted to the Planning Commission for action within 30 days thereafter, unless the applicant requests or consent to a longer period of time. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 76 8.13 Neighborhood Meeting A Neighborhood Meeting shall be held pursuant to Section 2.7. 8.14 Publications The Town Clerk will publish proper notice of the Planning Commission and Town Board meeting on the development application. 8.15 Notification to Owners of Interest and to Mineral Estate Owners A. Owners of Interest. The Applicant shall submit to the Town an Owners of Interest List as defined in these Regulations (e.g. surface owners, easement holders, and persons who have other legal or equitable interests in the property). The list shall include the names and address of such owners. This list shall be obtained based on records from the County Assessor's office and the Clerk & Recorder's office, and any more recent address information as may be available in telephone or other general use directories. The list must be certified by the Applicant in writing as true and complete within one month prior to submitting the development application. The applicant shall prepare the notice to be sent to Owners of Interest. The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was or will be published by the Town for the hearing. This notice, along with a vicinity map, shall be mailed by the Applicant, via certified mail, return receipt requested to the Owners of Interest. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the persons and entities on the Owners of Interest List, and mail receipts shall be delivered to the town at or prior to the hearing. The original of all returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least 15 (15) days prior to the Planning Commission meeting, not including the day of the meeting. B. Mineral Estate Owners. The Applicant shall be solely responsible for preparing and sending notice to Mineral Estate Owner(s) in the manner required by C.R.S. § 24-65.5-101 et seq., as amended from time to time, and for otherwise complying with the statute. The statute generally requires that notice of the initial public hearing be sent to the Mineral Estate Owner(s) not less than 30 days before the date scheduled for the hearing. The notice prepared by the Town for mailing to Owners of Interest and Surrounding Property Owners will not contain all of the information that must be included in the notice required by the statute to be sent to the Mineral Estate Firestone Development Regulations May 2013 JB Resolution No. 13-22) 77 Owner(s). The Applicant therefore must prepare the proper notice and ensure it is mailed or delivered as required by law. Prior to opening the hearing, the Applicant shall in writing certify to the Town that the Applicant has provided notice to the Mineral Estate Owner(s) as required by law. The certification shall be in a form acceptable to the Town and such certification shall be a condition of final approval of any application. 8.16 Notification to Surrounding Property Owners The Applicant shall submit to the Town a Surrounding Property Owners List. The list shall include the names and address of such owners within 300-feet of the outside boundaries of the property subject to the development application. This list shall be based on records from the County Assessor's office and the County Clerk & Recorder's office, and must be certified by the Applicant as true and complete within one month prior to submitting this application. The applicant shall prepare the notice to be sent to Surrounding Property Owners. The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was or will be published by the Town for the hearing. This notice along with a vicinity map shall be mailed by the Applicant, via certified mail, return receipt requested to such Surrounding Property Owners. In addition, Notice shall be mailed in the same fashion to the Board of Directors of any owners association existing with respect to any adjoining property. The Town Planner may require the notice of such meeting (including the vicinity map) also be hand delivered to certain other entities. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the entities on the Surrounding Property Owners List and the date on which they have been mailed. The original of all returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least fifteen (15) days prior to the Planning Commission meeting, not including the day of the meeting. 8.17 Property Posting Property Posting is required for zoning matters. At least fifteen (15) days prior to, but not including, the Planning Commission Public hearing date on the zoning matter the property shall be posted with notice of such meeting. The Planning Coordinator will prepare the signs. The Applicant can pick up the signs from the Planning Coordinator generally no sooner than 20 days prior to the meeting. The Applicant shall place the signs on the property (near the property boundary) facing all public roadways with a maximum of four signs. The Applicant shall be responsible for checking the signs each day of the posting period and keeping an accurate log. If a sign has been moved, destroyed, or fallen, the sign must be replaced by the Applicant within forty-eight (48) Firestone Development Regulations May 2013 JB Resolution No. 13-22) 78 hours. Within 10 days after final Town action on the application, the Applicant shall remove the posted signs and return any Town signs to the Town. Property posting is not required where an annexation or zoning exclusively involves public right-of-way only. 8.18 Posting Log The sign posting log shall be provided to the Planning Commission at the Public Hearing. If the Posting Log is not provided, the meeting may be vacated or continued. The property posting log form is shown in Exhibit Q. 8.19 Staff Report for the Planning Commission By no later that the Friday prior to the Planning Commission meeting, Town Staff will complete a Staff Report. A copy of such report will be transmitted to the Applicant. 8.20 Preparation for Planning Commission The Monday prior to Planning Commission Public Hearing, the Applicant shall contact the Town Planner to discuss the Applicant's presentation materials and exhibits. The Town Planner may request that this conversation be at a meeting. The Town Planner will confirm that the Applicant will bring to the hearing the necessary graphic exhibits of the Application and other materials to assist the Planning Commission and the general public in clearly understanding the proposal in the limited time of the public hearing. Such graphic exhibits shall be of a size and color scheme to be easily discernable by the audiences. Also, an additional exhibit may be required so that it can be shown to the general public. If the Planner determines that the Applicant is unprepared for the presentation, then the Town Planner can inform the Town Manager of such fact and the Town Manager may require that the Public Hearing be VACATED until such necessary information is prepared. 8.21 Planning Commission Meeting Within 30 days, or as soon as reasonably possible, after the Town receives a complete application, the Planning Commission shall hold public hearing on the Preliminary Development Plan. Upon completion of the hearing, the Planning Commission shall, after commission deliberation, vote on the matter. Any motion should briefly state the findings of fact and conclusions of the Planning Commission with reference to the relevant and material evidence and testimony supporting such findings of fact and conclusions. The Planning Commission may vote to either recommend approval, approval with conditions, or denial of the application. As an alternative to taking action on the application at that meeting, the Planning Commission may act in accordance with the following upon vote of the majority of the members present: Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 79 A. Make a decision and vote on the application, using the draft resolution previously prepared, as may be amended during the hearing; or B. Make a decision and vote on the application, but request the Town Attorney to prepare findings of fact and conclusions for approval and adoption at the next regular meeting; or C. Defer a decision and direct the Town Attorney to prepare findings of fact and conclusions to be submitted to the Planning Commission at its next regular meeting, with final deliberation, decision and adoption of the findings of fact and conclusion at that meeting; or D. Defer a decision until a date certain, as is mutually agreed upon by the Applicant and the Planning Commission, by which time the record and all evidence can be reviewed. At that time the Planning Commission can either adopt findings of fact and conclusions or direct the Town Attorney to prepare findings of fact and conclusions for adoption at the next regular meeting after the meeting to which the matter has been deferred. 8.22 Third Submittal Materials After the Planning Commission meeting and prior to the Town Board meeting the Applicant shall provide the Planning Coordinator with additional copies of submittal items shown in Exhibit S. Prior to this submittal of these documents, the Applicant may desire to modify the application as recommended by the Planning Commission. The documents will need to be provided to the Town pursuant to the schedule prepared by the Town. 8.23 Publications Town Staff will publish proper notice of the Town Board meeting and public hearing. 8.24 Notification to Owners of Interest and to Mineral Estate Owners The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was or will be published for the hearing. This notice along with a vicinity map shall be mailed by the Applicant, via regular mail to the Owners of Interest. The Applicant shall also prepare and mail or deliver a notice of the meeting to Mineral Estate Owners in the manner required by C.R.S. § 24-65.5-101, et seq., as amended from time to time. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the entities on the Owners of Interest List and have been mailed or delivered to the entities on the Mineral Firestone Development Regulations May 2013 JB Resolution No. 13-22) 80 Estate Owners List, and mail receipts and delivery receipts shall be delivered to the town at or prior to the hearing. The original of all returned receipts and delivery receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed or delivered at least fifteen (15) days prior to the Town Board meeting, not including the day of the meeting. 8.25 Notification to Surrounding Property Owners The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was published for the hearing. This notice along with a vicinity map shall be mailed by the Applicant, via certified return receipt mail to such Surrounding Property Owners. In addition, Notice shall be mailed in the same fashion to the Board of Directors of such adjoining subdivision or condominium association. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the entities on the Surrounding Property Owners List and the date on which they have been mailed. The original of all returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least fifteen (15) days prior to the Town Board meeting, not including the day of the meeting. 8.26 Property Posting by Applicant Property Posting is required for all zoning matters. At least fifteen (15) days prior to, but not including, the Town Board Public hearing date on the zoning matter, the property shall be posted with notice of such meeting. The Planning Coordinator will prepare the signs. The Applicant can pick up the signs from the Planning Coordinator no sooner than 20 days prior to the meeting. The Applicant shall place the signs on the property (near the property boundary) facing all public roadways with a maximum of four signs. The Applicant shall be responsible for checking the signs each day of the posting period and keeping an accurate log. If a sign has been moved, destroyed, or fallen, the sign must be replaced by the Applicant within forty-eight (48) hours. Within 10 days after final Town action on the application, the Applicant shall remove the posted signs and return any Town signs to the Town. Such signs shall be returned to the Town or the recording of project documents may be suspended as determined by the Town Planner. Property posting is not required where an annexation or zoning exclusively involves public right- of-way only. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 81 8.27 Posting Log The sign posting log shall be provided to the Town Board at the Public Hearing. The posting log is shown in Exhibit Q. 8.28 Staff Report for the Town Board By no later than the Friday prior to the Town Board meeting Town Staff shall prepare a Staff Report. As appropriate, Town Staff will amend the Staff Report that was submitted to the Planning Commission, for distribution to the Town Board., A draft resolution will typically be prepared in conjunction with the Staff Report. A copy of such report and resolution will be transmitted to the Applicant. 8.29 Preparation for the Town Board Hearing The Monday prior to Town Board Public Hearing, the Applicant shall contact the Town Planner to discuss the Applicant's presentation materials and exhibits. The Town Planner may request that this conversation be at a meeting. The Town Planner will confirm that the Applicant will bring to the hearing the necessary graphic exhibits of the Application and other materials to assist the Town Board and the general public in clearly understanding the proposal in the limited time of the public hearing. Such graphic exhibits shall be of a size and color scheme to be easily discernable by the audiences. Also, an additional exhibit may be required so that it can be shown to the general public. If the Planner determines that the Applicant is unprepared for the presentation, then the Town Planner can inform the Town Manager of such fact and the Town Manager may require that the Public Hearing be VACATED until such necessary information is prepared. 8.30 Town Board Meeting Within 60 days or as soon as reasonably possible after recommendation of the Planning Commission, notice shall be mailed in the same fashion and the Board of Trustees shall hold a public hearing. If the recommendation of the Planning Commission is to approve or grant the proposed PDP, the Town Clerk shall place a resolution regarding the proposed PDP on the agenda of a meeting of the Board of Trustees. The findings of fact and conclusions and recommendations of the Planning Commission, responses to referrals, and recommendations of planning staff shall be submitted to the Town Clerk immediately after the final decision of the Planning Commission and shall become a part of the record of the case before the Board of Trustees. The same shall be considered to be a public record and available in the office of the Town Clerk for examination by any person from the time of filing during regular business hours, including the members of the Board. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 82 Upon completion of the hearing, the Board of Trustees shall, after board discussion, vote on the matter. Any action will briefly state the findings of fact and conclusions of the Board of Trustees with reference to the relevant and material evidence and testimony supporting such findings of fact and conclusions. The Board shall vote to approve, approve with conditions, or deny the application or it may continue or table action on the application, or remand the application, as permitted by law. If the Board approves an application with conditions the Applicant shall make such modifications to the required text, maps, studies, etc. before the Mayor shall sign any necessary approval blocks. The Board may also act in accordance with the following upon vote of the majority of the members present: A. Make a decision and vote on the application, using the draft resolution previously prepared, as may be amended during the hearing; or B. Make a decision and vote on the application, but request the Town Attorney to prepare findings of fact and conclusions for approval and adoption at the next regular meeting; or C. Defer a decision and direct the Town Attorney to prepare findings of fact and conclusions to be submitted to the Board of Trustees at its next regular meeting, with final deliberation, decision and adoption of the findings of fact and conclusion at that meeting; or D. Defer a decision until a date certain as is mutually agreed upon by the Applicant and the Board of Trustees by which time the record and all evidence can be reviewed. At that time the Board of Trustees can either adopt findings of fact and conclusions or direct the Town Attorney to prepare findings of fact and conclusions for adoption at the next regular meeting after the meeting to which the matter has been deferred. 8.31 Final Document Preparation and Review Subsequent to any approval by the Town Board, the Applicant shall provide the Town with a paper copy of all documents amended by the Applicant, pursuant to conditions imposed by the Town Board. Town Staff will review these amended documents relative to any Town Board conditions. Once the documents appear satisfactory to Town Staff Firestone Development Regulations May 2013 (T13 Resolution No. 13-22) 83 relative to the noted conditions, Town Staff will request the final documents are delivered to the Town for filing (See Exhibit S for the proper number and material of all final documents). If final documents are not filed with the Town 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 as the initial application. The PDP shall not be recorded by any party. 8.32 Filing and Maintenance of Final Documents The Town Planner will file and maintain the approved PDP in the Town offices. The PDP shall not be recorded. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 84 9.0 Preliminary Plat Subdivisions shall be processed according to the requirements herein and Title 16 of the Town Code. The Preliminary Plat shall be processed simultaneously with the Preliminary Development Plan unless otherwise approved by the Town Planner or Town Engineer. The Preliminary Plat shall be processed concurrently with Preliminary Utility Plans. The PDP and Preliminary Plat can be processed jointly with an FDP and Final Plat; however, it is generally not recommended for Applicants to do so, as the level of detail associated with an FDP and Final Utility Plans is significantly greater than that of a PDP, Preliminary Plat and Preliminary Utility Plans. Approval by the Town of these preliminary documents assists the Applicant in understanding the Town's preliminary position on the development, prior to the effort associated with the final documents. All plats shall be prepared by a Colorado Registered Professional Land Surveyor according to Colorado Revised Statutes pertaining to the preparation of Land Survey Plats and Platted Subdivisions in effect at the time of preparation or acceptance by the Town of Firestone. 9.1 Pre -Application Submittal Conference A pre -application submittal conference is encouraged to be held pursuant to Section 2.2. 9.2 Application Notebook The following materials shall be submitted in an application notebook as specified in Section 2.10 (1). 9.2.1 Table of Contents A table of contents shall be provided as the first sheet in the notebook. To the extent possible, these documents noted below shall also be provided in electronic format as noted in Chapter 2. 9.2.2 Development Application A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5. 9.2.3 Development Cost Agreement A Cost Agreement and Funds Deposit Agreement shall accompany the development application. These agreements are described in Section 2.4 and the standard format for these documents is shown in Exhibit G. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 85 9.2.4 Vicinity Map A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch by 11-inch sheet of paper. 9.2.5 Title Commitment The Applicant shall submit a current Title Commitment for the Property, dated no later than one month prior to the application date. The applicant shall provide endorsements updating the effective date as requested by the Town. 9.2.6 Legal Description A legal description of the property to be subdivided, with the total acreage is required. All legal descriptions shall be metes and bounds unless the property has been previously platted in the Town and the Town Engineer approves a different legal description. A computer version of the legal description (Word document) on CD is also required to be submitted by the Applicant. The Applicant shall provide lot closures for all legal descriptions. 9.2.7 Tax Certificate The Applicant shall submit a current Weld County Tax Certificate for the subject Property. 9.2.8 Water Rights Questionnaire A completed Water Rights Questionnaire (Exhibit L) must accompany the development application. 9.2.9 Fiscal Impact Analysis A general fiscal impact analysis is prepared by the Town. However, a fiscal impact submittal form must be completed by the Applicant. The fiscal impact submittal form is shown as Exhibit K. 9.2.10 Environmental Assessment Unless waived by the Town Engineer, a Phase I environmental assessment shall be required. Report can be included in the notebook or as a separate document. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 86 9.2.11 Traffic Impact Study Unless waived by the Town Engineer, a Traffic Impact Study prepared pursuant to the requirements specified in Section 11.0 shall be required. The study can be included in the notebook or as a separate document. 9.2.12 Soils Report Unless waived by the - Town Engineer, a Soils Report prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 9.2.13 Drainage Report Unless waived by the Town Engineer, a Drainage Report prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 9.2.14 Hydraulic Analysis Report Unless waived by the Town Engineer a Hydraulic Analysis prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 9.2.15 Mine Subsidence Report Unless waived by the Town Engineer, a Mine Subsidence Report shall only be required for applications that have been undermined. 9.3 Response Letter For a second or third submittal (as described below) a letter shall be provide describing how each staff comment or Planning Commission recommended condition (if available) has been addressed. 9.4 Preliminary Plat Map Sheets The following information shall be supplied in drawing form. The information may be oriented either horizontally or vertically provided north is oriented to the top of any map. The scale shall be 1-inch = 50-feet or 1-inch = 100-feet, unless otherwise approved by the Town Engineer. The Preliminary Plat shall be on sheets with outer dimensions of twenty-four inches by thirty-six inches (24" x 36") and shall contain the information noted in this section. Maps of two or more sheets shall be referenced to an index map Firestone Development Regulations May 2013 JB Resolution No. 13-22) 87 placed on the first sheet. A margin of at least two (2) inches shall be reserved along the narrow left side of each drawing. 9.4.1 Firestone Information Block All Preliminary Plat sheets shall have a Firestone Information block (located in the bottom right corner of each drawing sheet). For specifications on the Firestone Information Block, see Section 2. 9.4.2 Title Block The title under which the subdivision is to be recorded. This name shall not duplicate the name of any existing subdivision in the Town of Firestone or Weld County. The following shall be clearly located on the top center of each sheet. Preliminary Plat SUBDIVISION NAME Phase or Filing No. Town of Firestone Weld County State of Colorado Sheet of 9.4.3 Name The name under which the subdivision will be recorded. The name will not duplicate the name of any existing subdivision in the Town of Firestone or Weld County. 9.4.4 Owner/Developers Name, address, telephone number, and email address of the ownerldeveloper. 9.4.5 Legal Description A legal description of the property to be subdivided, with the total acreage. All legal descriptions shall be metes and bounds unless the property has been previously platted in the Town and the Town Engineer approves a different legal description. 9.4.6 Parcel Boundaries A description of all monuments, both found and set, which mark the boundaries of the parcel, including a description of two or more recorded monuments on record with Weld County, used in conducting the survey. Only one tie will be required for parcels containing two acres or less. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 88 9.4.7 Technical Consultants Name, address, telephone number, and email address of the licensed surveyor, licensed engineer or other technical consultants involved with the plat. 9.4.8 Scale and North Arrow The scale at which the plats are drawn and a graphic representation, and a symbol designating true North. 9.4.9 Date The date of preparation of the Preliminary Plat, with revision dates noted as appropriate. 9.4.10 Vicinity Map A Vicinity map shall to be added to the cover sheet of the Plat at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. 9.4.11 Existing Streets and Easements The location and dimensions of all existing streets, alleys, easements, rights -of -way and watercourses within and adjacent to the subdivision and names of all such streets. 9.4.12 Adjacent Properties The names of all adjoining subdivisions with dotted lines of abutting lots; if the adjoining land is unplatted, it should be shown as such. 9.4.13 Utilities, Rights -of -Way, Easements and Dedications Approximate existing and proposed locations and sizes of all easements, including, water, reuse water, sanitary sewer, drainage facilities, natural gas, telephone and electrical. An identification of the streets, alleys, easements, parks, and other public facilities as shown on the plat and a dedication thereof to the public use, or a cross reference to any previously recorded dedication. The Plat shall show the widths and names of existing and proposed abutting streets and widths of alleys. 9.4.14 Lot and Block Identification A logical identification system for all lots and blocks and names of streets. Firestone Development regulations May 2013 JB Resolution No. 13-22) 89 9.4.15 Flood Plains Designation of any area subject to flooding existing regulatory floodplain. and adequate easements for flood control, 9.4.16 Dimensions, Geometry and Monumentation All dimensions, both linear and angular, are to be determined by an accurate control survey in the field, which must balance and close within a limit of one in five thousand. No plat showing plus or minus dimensions will be approved. 9.4.17 Lines and Street Geometry Lot lines should be perpendicular or radial to street rights -of -way unless circumstances may demand otherwise. Street intersections also should be perpendicular or radial to each other whenever possible. 9.4.18 Dimensions Accurate dimensions fo parcels, streets, alleys, important features. This These dimensions shall point(s). all lines, angles and c easements, areas to be shall include the exact include the description c irves used to describe boundaries, reserved for public use, and other location of all required monuments. f point(s) and the distance between 9.4.19 Angles of Departure The Plat shall show the angle of departure of adjoining property, street, alley, and other boundary lines. 9.4.20 Bearings and Angles Bearings on all exterior boundary and street centerline control. Angles between all lot lines. In the instance of a lot line intersecting the arc of a curve at an angle of other than 900 an angle shall be given from the lot line to the long chord of the arc involved. 9.4.21 Curve Data All curve data including the following: A. Delta B. Radius C. Length of Curve D. Chord Length E. Chord Bearing Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 90 9.4.22 Surveyors Statement A statement by the land surveyor explaining how bearings were determined. Magnetic bearings are not acceptable. 9.4.23 Monument Record When it is necessary to re-establish, restore and rehabilitate a public land survey monument in order to comply with the requirements of above, the surveyor shall furnish a copy of the official survey Monument Record with the Plat. 9.4.24 Surveyor A statement and signature by the land surveyor that the survey was performed by him or under his direct responsibility, supervision and checking and that the Plat accurately and properly shows said subdivision. 9.4.25 Town Approval Block (NOT EXECUTED AT PRELIMINARY STEP) This is to certify that the Plat of (Name of Subdivision) was approved on this day of , 20 by Resolution No. and that the Mayor of the Town of Firestone on behalf of the Town of Firestone, hereby acknowledges said Plat upon which this certificate is endorsed for all purposes indicated thereon. Mayor ATTEST: Town Clerk 9.4.26 Lender Consent(s) The title to all public lands and public easements dedicated by the plat shall be free and clear of all monetary liens and encumbrances (such as mortgages, deeds of trusts, mechanic liens, etc.) If required by the Town, the plat shall contain consents by such interest holders, in the form required by the Town (see below). Subject to the approval of the Town Attorney, a title insurance policy shall be provided upon recording insuring the Town's title to all public lands dedicated to it to be free and clear of all liens and encumbrances. LENDER CONSENT The undersigned, , a banking corporation, as the beneficiary of a deed of trust recorded with the Weld County Clerk and Recorder at and that constitutes a lien upon the Owner's property, hereby consents to the dedication of the streets, avenues, easements, Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 91 Outlots, Tracts, and other public places as shown on this Final Plat of ," and hereby forever releases said lands from said lien. 9.4.27 Ownership and Dedication (NOT EXECUTED AT PRELIMINARY STEP) Know all men by these presents, that the undersigned (Names of all landowners) being the owner(s) of the land shown in this Preliminary Plat and described as follows: (LEGAL DESCRIPTION) Have laid out, subdivided and platted said land as per drawing hereon contained under the name and style of (Subdivision Name), a subdivision of a part of the Town of Firestone, County of Weld, State of Colorado, and by these presents do hereby dedicate to the Town of Firestone the streets, avenues (and other public places, tracts/outlots) as shown on the accompanying plat for the public use thereof forever and does further dedicate to the use of the Town of Firestone and all serving public utilities (and other appropriate entities) those portions of said real property which are so designated as easements as shown. It is expressly understood and agreed by the undersigned that all expenses and costs involved in constructing and installing sanitary sewer system works and lines, water system works and lines, gas service lines, electrical service works and lines, landscaping, curbs, gutters, street pavement, sidewalks, and other such utilities and services shall be guaranteed and paid for by the Subdivider or arrangements made by the Subdivider thereof which are approved by the Town of Firestone, Colorado, and such sums shall not be paid by the Town of Firestone, and that any item so constructed or installed when accepted by the Town of Firestone shall become the sole property of said Town of Firestone, Colorado, except private roadway curbs, gutter and pavement and items owned by municipality franchised utilities, other serving public entities and/or Qwest, Inc., which when constructed or installed shall remain and/or become the property of such municipality franchised utilities, other serving public entities, and/or Qwest, Inc. and shall not become the property of the Town of Firestone, Colorado. Owner: (Name(s) of Owners) A Firestone Development Regulations May 2013 JB Resolution No. 13-22) 0 92 Owner Owner 9.4.28 Notary Certificate (in conjunction with owner's signatures) STATE OF COLORADO) . )SS COUNTY OF WELD } The foregoing instrument was acknowledged before me this day of ,20 , by Witness my hand and official seal Notary Public My commission expires 9.5 Utility Plans Preliminary Utility Plans shall be submitted with the Preliminary Plat, unless waived by Town Engineer. 9.6 Processing For all PUD's the Preliminary Plat shall be processed concurrently with the Preliminary Development Plan, and pursuant to the procedures contained in Sections 8.6 through 8.32. See Exhibit S for submittal requirements for both a Preliminary Plat and a Preliminary Development Plan. In rare cases where a Preliminary Plat is not processed with the Preliminary Development Plan, the submittal and processing requirements of Sections 8.6 through 8.32 shall apply, except for those which the Town Engineer or Town Planner have identified as not applicable to the subdivision request. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 93 10.0 Final Development Plan All FDP applicants shall provide the following submittal requirements. It is the intent of the submittal requirements for the FDP to provide the Town with sufficient information to adequately evaluate the plan, and not create excessive or repetitive submittal demands on the Applicant. For planning related submittal requirements, the Town Planner has the right to add or waive any of the submittal requirements, stated herein, if in the Planner's determination any such requirement is not necessary to evaluate the intent, purpose or impact of the proposed development. The same authority is established for the Town Engineer for engineering related submittal requirements. Subdivision Final Plat review shall be, if necessary or appropriate, as determined by the Town Planner, carried out simultaneously with the FDP review. The Final Development Plan shall be, if necessary or appropriate as determined by the Town Engineer, processed concurrently with a Final Utility Plan. 10.1 Overall FDP An Overall Final Development Plan ("Overall FDP") may be submitted for an initial phase of a development in which such phase only involves the construction of public or private utilities, overall landscaping, roadways or other general site features. If an Overall FDP is submitted and approved, a PDP and an FDP still shall be submitted prior to building construction or for further site development not addressed in the Overall FDP, unless the PDP requirement is waived under the criteria of Section 17.22.030.a.2 of the Town Code. The requirements for an ODP, PDP and -an FDP are as set forth in Title 17 and as stated herein. The submittal requirements for an Overall FDP are the same as those for an FDP, with the exception that no specific building information is required, as such information shall be provided in the forthcoming FDP. The Overall FDP shall include a statement that a site specific PDP and FDP shall be required for each lot or site prior to any further site development not addressed in the overall FDP or prior to the issuance of any building permit for building construction, and that the PDP requirement may only be waived as provided by the Town Code. 10.2 Pre -Application Submittal Conference A pre -application submittal conference is encouraged to be held pursuant to Section 2.2. 10.3 Application Notebook The following materials shall be submitted in an application notebook as specified in Section 2.10 (1). Firestone Development Regulations May 2013 JB Resolution No. 13-22) 94 10.3.1 Table of Contents A table of contents shall be provided as the first sheet in the notebook. To the extent possible, the documents noted below shall also be provided in electronic format as noted in Chapter 2. 10.3.2 Development Application A Development Application Form (Exhibit H) shall- be submitted pursuant to Section 2.5. 10.3.3 Development Cost Agreement A Cost Agreement and Funds Deposit Agreement shall accompany the development application. An original copy with these agreements shall be provided with the First Submittal (the First Submittal is as described below) in a separate envelope labeled Cost Agreement and Funds Deposit Agreement, Attention Finance Department. These agreements are described in Section 2.4 and the standard format for these documents is shown in Exhibit G. 10.3.4 Vicinity Map A vicinity map shall be prepared at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch by 11-inch format. 10.3.5 Title Commitment The Applicant shall submit a current Title Commitment for the Property, dated no later than one month prior to the application date. The applicant shall provide endorsements updating the effective date as requested by the Town. 10.3.6 Legal Description An overall legal description of the perimeter of the FDP is required. In addition, separate legal descriptions are required for each proposed land use category included in the FDP. The total acreage should be identified. All legal descriptions shall be metes and bounds unless the property has been previously platted in the Town and the Town Engineer approves a different legal description. A computer version of the legal description (Word document) on CD is also required to be submitted by the Applicant. The Applicant shall provide lot closures for all legal descriptions. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 95 10.3.7 Tax Certificate The Applicant shall submit a current Weld County Tax Certificate for the subject Property. 10.3.8 Water Rights Questionnaire A completed Water Rights Questionnaire (Exhibit L) must accompany the development application. 10.3.9 Fiscal Impact Analysis A general fiscal impact analysis is prepared by the Town. However, a fiscal impact submittal form must be completed by the Applicant. The fiscal impact submittal form is shown as Exhibit K. 10.3.10 Water Dedication For non-residential applications, the Applicant must submit some form of documentation supporting their domestic water use estimate. The most reliable information would be one year's worth of actual water bills from a similar size and type of building. If that is not available, the Applicant shall provide other documentation acceptable to the Town Engineer. 10.3.11 Water Service Calculations The Applicant shall submit AWWA M22 water service sizing calculations. . 10.3.12 Environmental Assessment Unless waived by the Town Engineer, a Phase I environmental assessment shall be required. Report can be included in the notebook or as a separate document. 10.3.13 Traffic Impact Study Unless waived by the Town Engineer, a Traffic Impact Study prepared pursuant to the requirements specified in Section 11.0 shall be required. The study can be included in the notebook or as a separate document. 10.3.14 Soils Report Unless waived by the Town Engineer, a Soils Report prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 96 10.3.15 Drainage Report Unless waived by the Town Engineer, a Drainage Report prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 10.3.16 Hydraulic Analysis Report Unless waived by the Town Engineer a Hydraulic Analysis prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 10.3.17 Mine Subsidence Report Unless waived by the Town Engineer, a Mine Subsidence Report shall only be required for applications that have been undermined. 10.4 Response Letter For a second or third submittal (as described below) a letter shall be provided describing how each staff comment or Planning Commission recommended condition (if available) has been addressed. 10.5 FDP Cover and Text Sheets The following information shall be prepared on sheets 24-inches by 36-inches in size and supplied at the beginning and in sequence with the FDP map sheets. This information shall be provided in the same order as noted below. An additional duplicate copy of such text shall also be provided in an 8.5x11-inch format (in a convertible electronic format on the required CD) in the application notebooks for review by Town staff, Planning Commission and the Town Board during the development review process. 10.5.1 Firestone Information Block All FDP sheets shall have a Firestone Information block (located in the bottom right corner of each drawing sheet). For specifications on the Firestone Information Block, see Section 2. 10.5.2 Title Block The following title information shall be clearly located on each page of the text sheets and at the top center of each drawing sheet. Final Development Plan Project or Development Name Firestone Development Regulations May 2013 JB Resolution No. 13-22) 97 Town of Firestone Weld County State of Colorado Sheet of 10.5.3 Vicinity Map A vicinity map shall be added to the cover sheet of the FDP at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. 10.5.4 Owner/Developers The name, address, phone number and email addresses of the owner(s) (and developer if different than the owner). 10.5.5 Technical Consultants Names, addresses, phone numbers and email addresses of planning, architectural, engineering and other technical consultants involved with the submittal of the FDP. 10.5.6 Legal Description An overall legal description of the perimeter of the FDP is required. In addition, separate legal descriptions are required for each proposed land use category included in the FDP. The total acreage should be identified. All legal descriptions shall be metes and bounds unless the property has been previously platted in the Town and the Town Engineer approves a different legal description. 10.5.7 Project Concept A statement of the character and development concept of the FDP and of how the FDP has been planned to incorporate the goals and objectives of the PUD district. 10.5.8 Land Use Table A land use table that shows building coverage and gross building square footage for each building. The percentage of paved areas, park areas, parking areas, oil/gas well setback areas, landscaping open space areas, and other definable areas in relationship to the gross area of the FDP shall also be shown. For residential single-family applications, the land use table shall include a detailed breakdown of lot sizes based on the following tiers: Firestone Development Regulations May 2013 JB Resolution No. 13-22) 98 Lot Size (square feet) 0-10,000 10,001-12,500 12,501-15,000 15,001-17,500 17,501-20,500 20,501-23,000 23,001-25,500 25,501-28,000 28,001-30,500 30,501-33,000 33,001-35,500 35,501-38,000 38,001-41,000 41,001-43,500 10.5.9 Residential Densities Gross and net residential density of any -residential uses shall be shown in dwelling units per acre. Minimum and maximum lot sizes shall also be provided. 10.5.10 Environmental Impact Mitigation A description of special treatment for any environmentally significant area, hazard or feature, including scenic corridors and archaeological sites. 10.5.11 Private Maintenance and Enforcement Agreements, provisions, or covenants which are intended to govern the use, maintenance and continued protection of the FDP and any of its common areas and landscaped areas, including a statement of responsibility for park development, if applicable. 10.5.12 Parks, Trails and Open Space A description of any public and private open space, greenbelts and trail areas and the maintenance responsibility for each. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 99 10.5.13 Controls A statement shall be included in the FDP that specifies how any common open space shown in the FDP will be developed and maintained. Copies of any agreements, conveyances, restrictions or covenants which will govern the use, maintenance, and continued protection of the FDP and any of its park, open space, common area, or joint ownership areas shall also be provided. 10.5.14 Drainage A description of all drainage courses and planned improvements. The timing of such improvement shall also be stated. 10.5.15 Utilities A general description of all utility systems and improvements that are required to serve the development, at the time of development 10.5.16 Water Dedication Include the appropriate water dedication paragraph for the application pursuant to Exhibit X. 10.5.17 Parking The number of parking spaces for each land use and the total square footage of internal landscaping within each parking area. Internal landscaping includes all landscaping within and including adjacent buffer and setback areas. ' 10.5.18 Architecture A description of architectural treatments for all building elevations and other site features. A final architectural plan relative to the building permit process is not required by this section. Include the following notes and chart: Architecture General Standards Architectural standards will conform to town regulations and municipal code as they may be amended from time to time. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 100 Elevations Sample architectural elevations indicating the general architectural style homes are shown on Sheets . All homebuilders shall submit plans that are generally consistent with the noted sample elevations and meets the architectural and development standards noted below: 1. Generally, when looking at the Front of any lot, the Right Elevation is to the right of the Front, the Left Elevation is to the left of the Front and the Rear Elevation is opposite the Front of the lot (i.e. the Front Elevation). 2. Rock means rock, brick, stone or cultured stone. 3. All homes shall have a minimum of 25% of the entire front elevation (with the area of the garage also included in the calculation) in rock. The Town Planner in his sole discretion may reduce the requirement to 20%, if it can be demonstrated that the elevation does not need 25% to be aesthetically pleasing or to avoid a situation where rock would be required on the second story. 4. All homes shall meet the following architectural standards: A. All lap siding shall be no less than 8-inches with no less than a 7-inch exposure. Cottage siding is prohibited. B. All windows and building corners must have a minimum of a 4-inch trim board. C. Roof materials shall be dimensional asphalt shingle treatment designed to provide increased contrast and shadows. The roof colors shall coordinate with or complement the main color of the structure. D. Similar house elevations shall not be placed next to or directly across from one another. E. Detached garages are not permitted. F. All residential homes shall be "stick built" and have a minimum of a two car garage. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 101 G. All homes shall have a minimum floor area of square feet for ranch plans (single story) and square feet for multi -level plans. Notwithstanding the foregoing, all homes that directly back up to fill in with name of arterial street) on lots in excess of square feet shall have a minimum floor area of square feet for multi -level plans. A minimum floor area of square feet for ranch plans is acceptable on such lots. In all cases the calculation of floor area does not include the floor area of any part of the garage, basement, attic, deck, patio or other similar accessory area. H. All homes shall have a basement where technically feasible as determined by the Town Engineer. Where a basement is not feasible, the homes shall have "crawl spaces". Any elevation that has rock, brick or cultured stone at the base of the elevation, such material shall wrap around at least 2-feet on to the adjoining elevation. 5. Enhanced Elevation Option 1 shall mean the elevation shall have a minimum of 25% rock or cultured stone, with at least one -window. All windows shall have shutters. The Town Planner in his sole discretion may, on a case by case basis, waive the requirement for a window, if it can be demonstrated that the window would not be prominent to the view from (fill_ in with name of arterial street), conflict with the interior architecture or conflict with windows on an adjoining home. The following items shall also be included in with Option 1: A. The rear elevation must include at least two windows or one window and one doorway. B. The rear elevation shall have a minimum of two roof breaks to create a variation in roof massing. C. The rear wall shall include at least one of the following elements. 1. Angled or box bay. 2. Deck or balcony. 6. Enhanced Elevation Option 2 shall mean the elevation shall have at least one window. All windows shall have shutters. The Town Planner may on a case by case basis, in his sole discretion waive the requirement for a window on any Firestone Development Regulations May 2013 JB Resolution No. 13-22) 102 elevation, if it can be demonstrated that the window would not be prominent to the view from (fill in with name of arterial street, conflict with the interior architecture or conflict with windows on an adjoining home. The following items shall also be included in with Option 2: A. The rear elevation shall have a minimum of two roof breaks to create a variation in roof massing. B. Decorative gable end vent or vents. C. The rear wall shall include at least one of the following elements. 1. Angled or box bay. 2. Deck or balcony. i. At time of Final Development Plan for each filing, an enhanced elevations table will be provided which identifies the architectural treatments required for the noted lots in the FDP Filing in a form similar to the chart noted below. Lot Number Elevat.ions and Option Number Right Left Rear Block 1 1 2 Block 2 1 2 Foundation Walls 1. The maximum amount of foundation wall permitted to be exposed above finished grade is 8". Address Sians 1. Street addresses are to be prominently displayed in contrasting color plainly visible from the street. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 103 Accessory Buildings 1. Each lot will be allowed a maximum of one accessory building, not including a freestanding garage and shall be set back at least five feet from any property line. Accessory buildings are not permitted in the front yards, side yards that face a public street, within utility easements or within oil and gas well setbacks. The square footage of the accessory building located on the ground shall be no larger than 200 square feet of floor area and may not exceed a height of twelve feet. Construction materials shall be similar to the primary building and must be constructed of durable, low maintenance materials, architecturally compatible and integrated with existing buildings and structures. Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location or other techniques deemed sufficient. Drainage from the roof of the shed shall not be permitted to run off onto the property of another nor shall it run off into the foundation of the main structure. 10.5.19 Setbacks The setbacks for all buildings, accessory buildings and other structures from roadways and/or property lines shall be specified in a table format. Include the following notes: Setbacks • Decks may be covered provided such cover does not extend into the building setbacks. • Uncovered decks are permitted if they meet the following standards: -A deck shall be no closer than 14 feet from the rear property line. Deck setbacks shall be measured from the lot line to any portion of the deck. -No deck shall be constructed within the side setbacks or upon any established easement. -Decks shall be no greater than 30 inches in height unless the deck is constructed within the standard building setback. 10.5.20 Development Schedule The approximate date on which construction of the project will begin, the stages in which the project will be built, including a description and depiction of the proposed Firestone Development Regulations May 2013 JB Resolution No. 13-22) 104 phase or phases into which the project will be divided for the purpose of development, the approximate date when the construction of each stage will begin, the approximate rate of development, the interim uses and treatment of areas waiting to be developed, the approximate dates when the development of each of the stages in the development will be completed and the area and location of common open space that will be provided at each stage of the development. The specific development schedule for all HOA and public parks shall also be stated. The specific development schedule for all fencing to be constructed by the developer shall also be stated. Include a plan expiration statement. 10.5.21 Approval Blocks Approval Blocks as follows: Approved by the Town Board of Trustees of the Town of Firestone, Colorado this day of ,20 by Resolution No. Mayor ATTEST: Town Clerk 10.5.22 Acceptance Block and Notary By signing this FDP, the owner acknowledges and accepts all of the requirements and intent set forth herein. MUM; STATE OF COLORADO ) )SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of 2....-.., by Witness my hand and official seal Notary Public Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 105 My commission expires 10.6 FDP Map Sheets The following information shall be supplied in drawing form. The size of the FDP drawings shall be 24 inches by 36 inches. The information may be oriented either horizontally or vertically provided north is oriented to the top of any map. The following 13 individual drawings are required. These plans shall be numbered sequentially in the order shown and use the same "graphic architectural standards" throughout. A. Project Plan B. Tract Plan C. Site Plan D. Grading Plan E. Landscape Plan F. Irrigation Plan G. Fencing Plan H. Signage Plan I. Address Map J. Building Elevations K. Site Details L. Utility Plan M. Cross Sections N. Lighting and Photometric Plan O. Sub -Area Plans The following information shall be supplied with all the required drawings: 10.6.1 Firestone Information Block All FDP sheets shall have a Firestone Information block (located in the bottom right corner of each drawing sheet). For specifications on the Firestone Information Block, see Section 2. 10.6.2 Title Block The following information shall be clearly located on the top center of each sheet: Final Development Plan Project or Development Name Phase or Filing No. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) Town of Firestone Weld County State of Colorado Sheet of 10.6.3 Scale and North Arrow The scale at which the drawings are drawn and a graphic representation, and a symbol designating true North. 10.6.4 Dimensions Where appropriate on all map sheets, general plan dimensions shall be shown. 10.6.5 Parcel Boundaries Where appropriate, a description of all monuments, both found and set, which mark the boundaries of the parcel, including a description of two or more recorded monuments on record with Weld County, used in conducting the survey. Only one tie will be required for parcels containing two acres or less. 10.6.6 Project Plan An overall plan of the project at whatever scale necessary to show the entire development on one 24-inch by 36-inch sheet, including a depiction of each proposed phase or phases into which the project will be divided for purposes of development. 10.6.7 Tract Plan The Tract Plan shall show all streets, lots and development areas. The plan shall be at a scale to fit on one 24-inch by 36-inch sheet unless otherwise directed or approved by the Town Planner. All proposed Tracts shall be clearly identified. 10.6.8 Maintenance Table A maintenance table shall be provided showing the ownership and maintenance responsibilities of each tract. 10.6.9 Site Plan The. Site Plan shall be drawn at one of the following scales: 1-inch = 50-feet, 1-inch = 40-feet, 1-inch = 30-feet or 1-inch = 20-feet, unless another scale is determined appropriate by the Town Planner. If the Site Plan map does not fit onto one sheet, at the noted scale, an additional overall map of the development shall be provided. This map will be a reduction of the plan so that it all fits onto a 24x36-inch sheet. If necessary, this Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 107 sheet shall be the first sheet after the FDP text sheets. The following information shall be supplied on the Site Plan drawing: 10.6.10 Adjacent Properties A list of contiguous property uses and subdivision names (and reception numbers if plats have been recorded). 10.6.11 Structures and Improvements Approximate location of all existing or planned structures within the FDP and within one hundred fifty feet of its external boundary. Approximate finish first floor elevations are required for an existing or planned structure within the FDP or within one hundred fifty feet of its external boundary. If available, approximate finish first floor elevations of any unconstructed structure with an approved FDP within one hundred fifty feet of the external FDP boundary shall also be shown and indicated as such. Typical plans may be submitted for one -family, two-family and multiple dwellings. FDP's for all structures with two or more floors shall show final ground elevations within 10-feet of the buildings and finish floor elevations of the lowest level. 10.6.12 Roadways, Right -of -Ways and Easements Specific location and dimensions of all existing and proposed roadways, alleys and access easements other rights -of -way and other utility easements. Private drives shall be indicated as such. Existing and proposed points of ingress and egress shall be shown. Typical sections shall be included for all existing or planned roadways, showing applicable dimensions. 10.6.13 Paved Areas Location and type of surfacing for streets, walkways, bikeways, parking lots and other paved areas. Walkways and trails shall be shown using clearly identifiable graphic symbol for each type of trail. 10.6.14 Setbacks and Lot Lines Location and dimension of lot lines and setback lines. 10.6.15 Corner Lot Orientation For all platted lots, use an arrow to identify the front of the lot toward which the building shall face. 10.6.16 Outdoor Storage Areas Any area used or intended to be used for outdoor storage. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 108 10.6.17 Open Space Areas Location and dimension of all open space areas and private greenbelts. For residential uses in a mixed -use sub -district, the location of any required park areas shall be shown. For park areas, especially those dedicated to the Town, a park development plan and site details shall be provided. 10.6.18 Land Use Existing land uses and/or subdivisions within 300-feet of the FDP boundary and the existing and proposed land uses and acreages within the FDP. 10.6.19 Trash Disposal Areas Location, dimension, color, and construction materials for all trash disposal areas. 10.6.20 Mailboxes, Signs, Lighting and Advertising Devices Location, height and size of existing and proposed freestanding mailboxes (including neighborhood mailboxes in residential areas), signs, exterior lighting and other advertising devices. 10.6.21 Street Lights Location of all street lights. 10.6.22 Utilities Location and screening of all utilities, whether building or ground mounted. Typical screening details, as appropriate. 10.6.23 Vegetation Any existing forested areas and areas composed of unique vegetation to remain after construction. 10.6.24 Drainage Information Designation of areas subject to the 100-Year Floodway and Flood Storage Area. 10.6.25 Cultural Impact Information Designate sites of historic, archaeological, or paleontological significance, identified by the State Archaeologist or State Historical Society, which are on the proposed site of development. If necessary, this information must include an assessment of the mitigation measures or other proposals for preservation or identification of such sites, and the location of the areas. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 1109 10.6.26 Grading Plan and Drainage Unless otherwise approved by the Town Planner, the Grading Plan shall be at the same scale as the Site Plan. In addition to relevant information from the Site Plan, the following information shall be supplied on the Grading Plan drawing: 10.6.27 Existing Contours Existing contours shall be shown in all directions from the external FDP boundary for a minimum distance of 50-feet. All off -site contour lines, which have been approved by the Town or the County, as appropriate, for all adjacent platted properties which have not been constructed, within the distances noted above, shall be shown and noted as such. 10.6.28 Proposed Contours Proposed contour lines shall be shown at 1-foot intervals, unless otherwise approved by the Town. In areas with extreme topographical relief, such as the mountains, contour lines at intervals of 2-foot need only be exhibited in the vicinity of buildings or areas of significant grading, such as parking areas, as practical. Other areas may be shown with proposed contour lines at intervals of 5 or 10-feet; whichever is determined reasonable by the Town. 10.6.29 Drainage Information Designation of areas subject to the 100-Year Floodway and Flood Storage Area. This information shall be provided by the Town Engineer. If this information is not available, a tentative flood plain will be defined by agreement between the.Town Engineer and the owner/developer's engineer, according to generally accepted engineering standards, practices, and procedures of the Town of Firestone, Urban Drainage and Flood Control District, FEMA, and other pertinent regulatory agencies. Any FDP that includes any area subject to the 100-Year Flood shall generally show that adequate drainage is provided in order to reduce the exposure of flood hazards to the property, adjoining property and all public utilities including, sewer, gas, electrical and water. All buildings shall be constructed in conformance to the provisions in the Town's Flood Plain Ordinance. The intent is to have buildings sustain only minimal, if any, damage should a flood occur. 10.6.30 Paved Areas Location of streets, walkways, bikeways, parking lots and other paved areas. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 110 10.6.31 Finish First Floor Elevations Approximate location of all existing or planned structures within the FDP or within 150- feet of its external boundary. Minimum finish first floor elevations are required for any planned or existing structures. Add a note that final finish elevations shall not exceed minimum finish floor elevations by more than 2 feet. 10.6.32 Landscape Plan Unless otherwise approved by the Town Planner, the Landscape Plan shall be at the same scale as the Site Plan. In addition to relevant information from the Site Plan, the following information shall be supplied on the Landscape Plan drawing: 10.6.33 Statement of Intent A text statement regarding the general intent of the landscape plan, including such subjects as screening, berming, shade, privacy, wind control, phasing, and solar access. 10.6.34 Paved Areas Location of streets, walkways, bikeways, parking lots and other paved areas. 10.6.35 Structures Approximate location of all existing or planned structures within the FDP, including park development features such as playground equipment for public and private park areas. 10.6.36 Location of Landscape Items The landscape plan shall show the location of plant and architectural materials (including items such as lighting, signage and fencing that are not already described in the FDP). Typical landscape plans may be provided for typical residential dwelling units, if approved by the Town Planner. Landscape plans shall be provided for the rear yards (as may be appropriate, as determined by the Town Planner) and HOA owned areas that are along major abutting roadways. 10.6.37 Material List A description of all the materials used in the landscape design shall be included; specifically a plant list, that identifies the species, quantity size, and condition of the plant material used. 10.6.38 Phasing A description of the procedure, method, timing and general water demand impacts of any landscape phasing plan. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 111 10.6.39 Landscape Elevations and Details Design details shall be included for both plant and architectural materials. Installation details shall also be included for irrigation and plant materials. Identify and include details for ornamental grasses including the maximum height. 10.6.40 Irrigation Plan The method, design and layout of irrigation facilities for all landscape areas. Details shall also be provided. All areas, including native turf areas, must be irrigated. 10.6.41 Fencing Plan Provide the following information relative to the preparation of the fencing plan. 10.6.42 Fencing Concept Provide a specific text description of the fencing to be used, indicating shape, size, material, color, and location. 10.6.43 Fencing Plan Provide an overall map showing the location of fencing and indicate in a legend the development and construction responsibility of all areas 10.6.44 Fencing Elevations and Details Provide fencing elevations and details. 10.6.45 Signage Plan Provide the following information relative to the preparation of the signage plan on a specific plan sheet. 10.6.46 Signage Concept Provide a general description of the concept for the signage used. 10.6.47 Signage Plan Provide specific information relative to the signs to be used, indicating shape, size, material, color, location and text of all permitted signs. 10.6.48 Signage Details Provide signage details at a specific scale. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 112 10.6.49 Address Map The FDP shall include an address map. Firestone addressing convention information is shown as Exhibit T. Each lot within the FDP shall be addressed pursuant to direction by the Town Engineer. The address plat shall properly relate to the orientation of the lot and building shown in the Site Plan. 10.6.50 Building Elevations Elevations of all sides of all proposed structures and improvements shall be shown on the FDP map and labeled to show the direction of the view. Typical elevations may be submitted for single-family dwellings; however, specific drawings for all elevations of multi -family dwellings shall be submitted. Said plans shall include the type, style, and color of wall finish, roofing, stairs, architectural appendages, and other design features of the structures. A final architectural plan is not required by this section. 10.6.51 Site Details Provide a map sheet that shows typical details for the following: fences, mechanical screening or camouflaging, benches, fountains, freestanding mailboxes, trash enclosures, bus shelters, and sculptures. 10.6.52 Utility Plan For development applications that do not require a submittal of Final Utility Plans pursuant to Section 11.0, a map sheet shall be provided that shows all necessary public utilities and connections thereto necessary to serve the proposed development. 10.6.53 Cross Sections If the Town Planner determines the development is in uniquely close proximity to other buildings, residential areas or below the existing grade of surrounding areas, cross sections of the property, including adjoining properties, shall be submitted. The location of the cross sections, the distance the cross sections need to be from the external property boundary, and the information to be shown on the cross sections will be determined by the Town Planner. The cross sections shall show all outdoor storage areas and buildings. The vertical scale shall not exceed four times the horizontal scale. 10.6.54 Lighting and Photometric Plan For any commercial project, provide a lighting and photometric plan that examines the degree to which exterior night lighting affects an adjacent street, property owner or community. Such plan shall consider the light source, level of illumination, hours of illumination and need for illumination in relation to the effects of the lighting on adjacent streets, property owners and the neighborhood. The photometric plan shall depict the Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 113 anticipated light levels generated by all exterior lights across the site and ten feet (10') beyond the property lines. 10.6.55 Transportation, Parks and Trails Sub -Area Plan The following sub -area transportation plans are required to be submitted with the FDP, unless otherwise directed by the Town Planner. The information can be combined onto one sheet. A. Sub -Area Vehicular Transportation Plan B. Sub -Area Non -Motorized Circulation Plan C. Sub -Area Park Plan It is intended that this information be provided on a separate 24-inch by 36-inch map sheet and shall include an area of at least two miles from the external ODP boundary. The scale for this map shall be no smaller than 1-inch equals 1,000-feet, unless otherwise approved by the Town Planner. This map sheet should be added to the other map sheets and numbered sequentially. This sheet should identify existing and planned facilities within the noted area and planned within the FDP. 10.7 First Submittal Requirements Once all the application materials are received, the Applicant should submit five complete sets of the materials to the Planning Coordinator. The Planning Coordinator will distribute one copy each to the Town Engineer, the Town Planner, the Town Attorney, and Public Works for initial review. See Exhibit U for a summary of the items required. The Planning Coordinator will not distribute any application that is not accompanied by an executed Cost Agreement and Funds Deposit Agreement. 10.8 Application Review by Staff Within 30 days, or as soon as reasonably possible after an Applicant has submitted a development application, Town Staff will review the application to determine if the application is complete. If it is not complete, Town Staff will inform the Applicant of those items that need to be submitted or resubmitted. 10.9 Application Substantially Complete Once Town Staff determines that the application is substantially complete, Town Staff will inform the Applicant of that fact in writing. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 114 10.10 Review Comments to Applicant Once Town Staff determines that the application is substantially complete Town Staff will review the application and provide review comments to the Applicant. 10.11 Second Submittal Requirements The Applicant shall address Town Staff review comments, as appropriate, and resubmit the number of copies as itemized in Exhibit U. A written response to each of staffs comments shall be provided. The Applicant shall return any redlined drawings, reports, etc. from the previous submittal. 10.12 Referral Mailings It shall be the responsibility of the Applicant to provide copies of the application materials to referral agencies noted in Exhibit P. The referral mailing shall include a CD of the complete application and a copy of the Firestone Referral Mailing Cover Sheet as shown in Exhibit P. The referral contents and the Cover Sheet shall be placed in appropriately sized envelopes with the proper postage. Addresses for referral mailings are shown in Exhibit P. This address list has been formatted to be copied onto a 1-inch by 4-inch mailing label sheet. The box in front of the entity on a particular mailing shall be checked consistent with the label on the same envelope (e.g. Check City of Dacono on the Referral Mailing Cover Sheet that is placed within the envelopes being mailed to the City of Dacono). The Applicant shall provide to the Planning Coordinator a notarized mailing affidavit stating that the referral mailings have been completed, a list of all parties notified and the date on which they were mailed. These notices shall be mailed at least fifteen (15) days prior to the Planning Commission meeting, not including the day of the meeting. 10.13 Processing Schedule Once the Applicant has provided the Town with the Second Submittal, and Town Staff has found the Second Submittal to be substantially complete, Town Staff will prepare a processing schedule for the Application. A copy of the schedule will be provided to the Applicant. If the application includes a subdivision request, the schedule shall provide that, after the second submittal is received and all referral and comment periods have been completed, the application shall be transmitted to the Planning Commission for action within 30 days thereafter, unless the applicant request or consent to a longer period of time. 10.14 Neighborhood Meeting A Neighborhood Meeting shall be held pursuant to Section 2.7. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 115 10.15 Publications Town Staff will publish proper notice of the Planning Commission and Town Board meeting on the development application. 10.16 Notification to Owners of Interest and Mineral Estate Owners A. Owners of Interest. The Applicant shall submit to the Town an Owners of Interest List as defined in these Regulations (e.g. surface owners, easement holders, and persons who have other legal or equitable interests in the property). The list shall include the names and address of such owners. This list shall be obtained based on records from the County Assessor's office and the Clerk & Recorder's office, and any more recent address information as may be available in telephone or other general use directories. The list must be certified by the Applicant in writing as true and complete within one month prior to submitting the development application. The applicant shall prepare the notice to be sent to Owners of Interest. The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was or will be published by the Town for the hearing. This notice, along with a vicinity map, shall be mailed by the Applicant, via certified mail, return receipt requested to the Owners of Interest. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the persons and entities on the Owners of Interest List, and mail receipts shall be delivered to the Town at or prior to the hearing. The original of all returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least 15 (15) days prior to the Planning Commission meeting, not including the day of the meeting. B. Mineral Estate Owners. The Applicant shall be solely responsible for preparing and sending notice to Mineral Estate Owner(s) in the manner required by C.R.S. § 24-65.5-101 et seq., as amended from time to time, and for otherwise complying with the statute. The statute generally requires that notice of the initial public hearing be sent to the Mineral Estate Owner(s) not less than 30 days before the date scheduled for the hearing. The notice prepared by the Town for mailing to Owners of Interest and Surrounding Property Owners will not contain all of the information that must be included in the notice required by the statute to be sent to the Mineral Estate Owner(s). The Applicant therefore must prepare the proper notice and ensure it is mailed or delivered as required by law. Prior to opening the hearing, the Applicant shall in writing certify to the Town that the Applicant has provided notice to the Mineral Estate Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 116 Owner(s) as required by law. The certification shall be in a form acceptable to. the Town and such certification shall be a condition of final approval of any application. C. Qualifying Surface Developments. For development applications for a "qualifying surface development", which is defined as an application for development covering at least 160 gross acres, plus or minus 5 percent, within the Greater Wattenberg Area pursuant to C.R.S. § 24-65.5-102(5.7), the Applicant shall certify that either: (1) no mineral estate owner has entered an appearance or filed an objection to the proposed application for development within 30 days after the initial public hearing; (2) that the applicant and any mineral estate owners who have filed an objection to the proposed application for development or have otherwise filed an entry of appearance in the initial public hearing within 30 days of the initial public hearing have executed a surface use agreement related to the property, and that the provisions of the surface use agreement have been incorporated into the application for development or are evidenced by a memorandum recorded in the records of the clerk and recorder of Weld County so as to provide notice to transferees of the Applicant; or (3) that the application for development provides (a) access to mineral operations, surface facilities, flowlines, and pipelines in support of such operations existing when the final public hearing on the application is held by means of public roads sufficient to withstand trucks and drilling equipment or 30 foot wide access easements; (b) an oil and gas operations area and existing wellsite locations in accordance with C.R.S. § 24-65.5-103.5; and (c) that the deposit for incremental drilling costs described in C.R.S. § 24-65.5-103.7 has been made. The certification shall be in a form acceptable to the town and said certification shall be a condition of final approval. 10.17 Notification to Surrounding Property Owners The Applicant shall submit to the Town a Surrounding Property Owners List. The list shall include the names and address of such owners within 300-feet of the outside boundaries of the property subject to the development application. This list shall be based on records from the County Assessor's office and the County Clerk & Recorder's office, and must be certified by the Applicant as true and complete within one month prior to submitting this application. The applicant shall prepare the notice to be sent to Surrounding Property Owners. The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was or will be published by the Town for the hearing. This notice along with a vicinity map shall be mailed by the Applicant, via certified return receipt requested to such Surrounding Property Owners. In addition, Notice shall be mailed in the same fashion to the Board of Directors of any owners association existing with respect to any adjoining property. The Town Planner may require the notice of such meeting (including the vicinity map) also Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 117 be hand delivered to certain other entities. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the entities on the Surrounding Property Owners List and the date on which they have been mailed. The original of all returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least fifteen (15) days prior to the Planning Commission meeting, not including the day of the meeting. 10.18 Property Posting Property Posting is required for zoning matters. At least fifteen (15) days prior to, but not including, the Planning Commission Public hearing date on the zoning matter the property shall be posted with notice of such meeting. The Planning Coordinator will prepare the signs. The Applicant can pick up the signs from the Planning Coordinator no sooner than 20 days prior to the meeting. The Applicant shall place the signs on the property (near the property boundary) facing all public roadways with a maximum of four signs. The Applicant shall be responsible for checking the signs each day of the posting period and keeping an accurate log. If a sign has been moved, destroyed, or fallen,'the sign must be replaced by the Applicant within forty-eight (48) hours. Within 10 days after final Town action on the application, the Applicant shall remove the posted signs and return any Town signs to the Town. Such signs shall be returned to the Town or the recording of project documents may be suspended as determined by the Town Planner. Property posting is not required where an annexation or zoning involves public right-of- way only. 10.19 Posting Log The sign posting log shall be provided to the Planning Commission at the Public Hearing. The property posting log form is shown in Exhibit Q. 10.20 Staff Report for the Planning Commission By no later than the Friday prior to the Planning Commission meeting, Town Staff will complete a Staff Report. A copy of such report will be transmitted to the Applicant. 10.21 Planning Commission Meeting Within 30 days, or as soon as reasonably possible, after a complete application is transmitted to it, the Planning Commission shall hold a public hearing on the zoning of the property preliminary development plan. Upon completion of the hearing, the Planning Commission shall, after commission deliberation, vote on the matter. Any motion should briefly state the findings of fact and conclusions of the Planning Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 118 Commission with reference to the relevant and material evidence and testimony supporting such findings of fact and conclusions. The Planning Commission may vote to either recommend approval, approval with conditions, or denial of the application. As an alternative to taking action on the application at that meeting, the Planning Commission may act in accordance with the following upon vote of the majority of the members present: A. Make a decision and vote on the application, using the draft resolution previously prepared, as may be amended during the hearing; or B. Make a decision and vote on the application, but request the Town Attorney to prepare findings of fact and conclusions for approval and adoption at the next regular meeting; or C. Defer a decision and direct the Town Attorney to prepare findings of fact and conclusions to be submitted to Planning Commission at its next regular meeting, with final deliberation, decision and adoption of the findings of fact and conclusion at that meeting; or D. Defer a decision until a date certain as is mutually agreed upon" by the Applicant and the Planning Commission by which time the record and all evidence can be reviewed. At that time the Planning Commission can either adopt findings of fact and conclusions or direct the Town Attorney to prepare findings of fact and conclusions for adoption at the next regular meeting after the meeting to which the matter has been deferred. 10.22 Third Submittal Materials After the Planning Commission meeting and prior to the Town Board meeting the Applicant shall provide the Planning Coordinator with additional copies of submittal items shown in Exhibit U. Prior to this submittal of these documents, the Applicant may desire to modify the application as recommended by the Planning Commission. The documents will need to be provided to the Town pursuant to the schedule prepared by the Town. 10.23 Publications Town Staff will publish proper notice of the Town Board meeting and public hearing. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 119 10.24 Notification to Owners of Interest and to Mineral Estate Owners The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was or. will be published for the hearing. This notice along with a vicinity map shall be mailed by the Applicant, via certified mail, return receipt requested to the Owners of Interest. The Applicant shall also prepare and mail or deliver a notice of the meeting to Mineral Estate Owners in the manner required by C.R.S. § 24-65.5-101, et seq., as amended from time to time. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the entities on the Owners of Interest List and have been mailed or delivered to the entities on the Mineral Estate Owners List, and mail receipts and delivery receipts shall be delivered to the town at or prior to the hearing. The original of all returned receipts and delivery receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed or delivered at least fifteen (15) days prior to the Town Board meeting, not including the day of the meeting. 10.25 Notification to Surrounding Property Owners The Applicant shall request a copy of the Notice of the meeting prepared by the Town Attorney from the Planning Coordinator, which was published for the hearing. This notice along with a vicinity map shall be mailed by the Applicant, via certified return receipt mail to such Surrounding Property Owners. In addition, Notice shall be mailed in the same fashion to the Board of Directors of any owners association existing with respect to any adjoining property. An affidavit of mailing shall be provided to the Planning Coordinator stating that the Notices have been mailed to the entities on the Surrounding Property Owners List and the date on which they have been mailed. The original of all returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as "undeliverable" by the post office shall be grouped on a separate sheet(s). These notices shall be mailed at least fifteen (15) days prior to the Town Board meeting, not including the day of the meeting. 10.26 Property Posting by Applicant Property Posting is required for all zoning matters. At least fifteen (15) days prior to, but not including, the Town Board Public hearing date on the zoning matter, the property shall be posted with notice of such meeting. The Planning Coordinator will prepare the signs. The Applicant can pick up the signs from the Planning Coordinator no sooner than 20 days prior to the meeting. The Applicant shall place the signs on the property (near the property boundary) facing all public roadways with a maximum of four signs. The Applicant shall be responsible for checking the signs each day of the posting period and keeping an accurate log. If a sign has been moved, destroyed, or fallen, the sign Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 120 must be replaced by the Applicant within forty-eight (48) hours. Within 10 days after final Town action on the application, the Applicant shall remove the posted signs and return any Town signs to the Town. Such signs shall be returned to the Town or the recording of project documents may be suspended as determined by the Town Planner. Property posting is not required where an annexation or zoning exclusively involves public right- of-way only. 10.27 Posting Log The sign posting log shall be provided to the Town Board at the Public Hearing. The posting log is shown in Exhibit Q. 10.28 Staff Report for the Town Board By no later than the Friday prior to the Town Board meeting Town Staff shall prepare a Staff Report. As appropriate Town Staff will amend the Staff Report that was submitted to the Planning Commission, for distribution to the Town Board. A draft resolution will typically be prepared in conjunction with the Staff Report. A copy of such report and resolution will be transmitted to the Applicant. 10.29 Town Board Meeting Within 60 days or as soon as reasonably possible after recommendation of the Planning Commission, notice shall be provided and the Board of Trustees shall hold a public hearing. If the recommendation of the Planning Commission is to approve or grant the proposed zoning or rezoning, the Town Clerk shall place an ordinance embodying the proposed rezoning on the agenda of a meeting of the Board of Trustees. The findings of fact and conclusions and recommendations of the Planning Commission, responses to referrals, and recommendations of planning staff shall be submitted to the Town Clerk immediately after the final decision of the Planning Commission and shall become a part of the record of the case before the Board of Trustees. The same shall be considered to be a public record and available in the office of the Town Clerk for examination by any person from the time of filing during regular business hours, including the members of the board. Upon completion of the hearing, the Board of Trustees shall, after board discussion, vote on the matter. Any action will briefly state the findings of fact and conclusions of the Board of Trustees with reference to the relevant and material evidence and testimony supporting such findings of fact and conclusions. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 121 The Board shall vote to approve, approve with conditions, or deny the application, or it may continue or table action on the application, or remand the application, as permitted by law. If the Board approves an application with conditions the Applicant shall make such modifications to the required text, maps, studies, etc. before the Mayor signs any necessary approval blocks. The Board may also act in accordance with the following upon vote of the majority of the members present: A. Make a decision and vote on the application, using the draft resolution previously prepared, as may be amended during the hearing; or B. Make a decision and vote on the application, but request the Town Attorney to prepare findings of fact and conclusions for approval and adoption at the next regular meeting; or C. Defer a decision and direct the Town Attorney to prepare findings of fact and conclusions to be submitted to the Board of Trustees at its next regular meeting, with final deliberation, decision and adoption of the findings of fact and conclusion at that meeting; or D. Defer a decision until a date certain as is mutually agreed upon by the Applicant and the Board of Trustees by which time the record and all evidence can be reviewed. At that time the Board of Trustees can either adopt findings of fact and conclusions or direct the Town Attorney to prepare findings of fact and conclusions for adoption at the next regular meeting after the meeting to which the matter has been deferred. 10.30 Final Document Preparation, Review and Recording Subsequent to any approval by the Town Board, the Applicant shall provide the Town with a paper copy of all documents amended by the Applicant, pursuant to conditions imposed by the Town Board. Town Staff will review these amended documents relative to any Town Board conditions. Once the documents appear satisfactory to Town Staff relative to the noted conditions, Town Staff will request the final documents, including mylars, be delivered to the Town for filing (See Exhibit U for the proper number and material of all final documents). The FDP and related documents shall be recorded by the Town Clerk or his or her designee only, and recording by any other party is prohibited If 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 Firestone Development Regulations May 2013 JB Resolution No. 13-22) 122 required to submit a new application to be processed pursuant to the same procedures and requirements specified for the initial application. 10.31 Publication of Ordinances and Referendum Period The Town Clerk will publish any ordinances related to an FDP. The final FDP will be recorded. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 123 11.0 Final Plat All Final Plat applicants shall provide the following submittal requirements. Subdivisions shall be processed according to the requirements herein and Title 16 of the Town Code. The Final Plat shall be processed simultaneously with the Final Development Plan unless otherwise approved by the Town Planner or Town Engineer. The Final Plat shall be processed concurrently with Final Utility Plans. All plats shall be prepared by a Colorado Registered Professional Land Surveyor according to Colorado Revised Statutes pertaining to the preparation of Land Survey Plats and Platted Subdivisions in effect at the time of preparation or acceptance by the Town of Firestone. 11.1 Pre -Application Submittal Conference A pre -application submittal conference is encouraged to be held pursuant to Section 2.2. 11.2 Application Notebook The following materials shall be submitted in an application notebook as specified in Section 2.10 (1). 11.2.1 Table of Contents A table of contents shall be provided as the first sheet in the notebook. To the extent possible, these documents noted below shall also be provided in electronic format as noted in Chapter 2. 11.2.2 Development Application A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5. The Development Application has a signature block that notes the applicant has read pertinent sections of these Development Regulations. 11.2.3 Development Cost Agreement A Cost Agreement and Funds Deposit Agreement shall accompany the development application. These agreements are described in Section 2.4 and the standard format for these documents is shown in Exhibit G. 11.2.4 Vicinity Map A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 124 also show the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch by 11-inch sheet of paper. 11.2.5 Title Commitment The Applicant shall submit a current Title Commitment for the Property, dated no later than one month prior to the final Town Board hearing date. The applicant shall provide endorsements updating the effective date as requested by the Town. 11.2.6 Legal Description A legal description of the property to be subdivided, with the total acreage is required. All legal descriptions shall be metes and bounds unless the property has been previously platted in the Town and the Town Engineer approves a different legal description. A computer version of the legal description (Word document) on CD is also required to be submitted by the Applicant. The Applicant shall provide lot closures for all legal descriptions. 11.2.7 Tax Certificate The Applicant shall submit a current Weld County Tax Certificate for the subject Property. 11.2.8 Water Rights Questionnaire A Water Rights Questionnaire (Exhibit L) must accompany a development application. 11.2.9 Fiscal Impact Analysis A general fiscal impact analysis is prepared by the Town. However, a fiscal impact submittal form must be completed by the Applicant. The fiscal impact submittal form is shown as Exhibit K. 11.2.10 Environmental Assessment Unless waived by the Town Engineer, a Phase I environmental assessment shall be required. Report can be included in the notebook or as a separate document. 11.2.11 Traffic Impact Study Unless waived by the Town Engineer, a Traffic Impact Study shall be provided with a Final Plat or other proposed development. The traffic impact analysis study shall incorporate any assumptions identified in the sub -area transportation plan submittal. Additionally, the study shall include projections of average daily incoming and outgoing trips generated by the project, including distribution and level of service. Trips generated Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 125 by the project shall be assigned to the surrounding street network to a distance of at least one mile from the site. The study shall be in conformance with the Institute of Transportation Engineers Trip Generation Report and shall be signed by a Colorado registered professional engineer. The study can be included in the notebook or as a separate document. 11.2.12 Soils Report Unless waived by the Town Engineer, a Soils Report shall be provided with a Final Plat or other proposed development on existing soils conditions within the area proposed for development. The soils report shall locate and classify the dominant soil types within or affecting the proposed development. The report shall indicate the degree of compatibility of the existing soils within the proposed development with regard to such engineering considerations as topography, drainage, bearing capacity an erosion potential. The report shall include a prognosis of the effects of the proposed development upon the existing site in this regard and shall include specific recommendations for additional exploration, testing, mapping or study as may be necessary to insure adequate protection from potentially hazardous or undesirable soils or geological conditions on the development site. The soils report shall be prepared and certified by a Professional Engineer or geologist, registered in the State of Colorado, who is knowledgeable in soils identification, classification, and use. The report can be included in the notebook or as a separate document. 11.2.13 Drainage Report Unless waived by the Town Engineer, a Final Drainage study shall be prepared in conformance with the Town of Firestone Design Criteria and Construction Specifications Manual or criteria set forth by the St. Vrain Sanitation District if within their jurisdiction. The study shall conform to any Town approved regional or sub -regional drainage study that incorporates the development area. The study shall describe storm drainage design for all of the land involved in the development and areas outside the development boundary that are impacted by the project. The requirement for this Study shall be waived or the scope reduced, if such a study was prepared for a Final Plat of which the development is consistent with or a part of and the previously prepared study provides adequate information to evaluate the drainage impacts and measures necessary to mitigate such impacts. Any plans for erosion control and "Best Management Practices" shall meet current Town standards. The report can be included in the notebook or as a separate document. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 126 11.2.14 Hydraulic Analysis Report Unless waived by the Town Engineer a Hydraulic Analysis shall be prepared in conformance with the Town of Firestone Design Criteria and Construction Specifications Manual. The report can be included in the notebook or as a separate document. 11.2.15 Mine Subsidence Report Unless waived by the Town Engineer, a Mine Subsidence Report shall only be required for applications that have been undermined. 11.3 Response Letter For a second or third submittal (as described below) a letter shall be provide describing how each staff comment or Planning Commission recommended condition (if available) has been addressed. 11.4 Final Plat Map Sheets The following information shall be supplied in drawing form. The information may be oriented either horizontally or vertically provided north is oriented to the top of any map. The scale shall be 1-inch = 50-feet or 1-inch = 100-feet, unless otherwise approved by the Town Engineer. The Final Plat shall be on sheets with outer dimensions of twenty- four inches by thirty-six inches (24" x 36") and shall contain the information noted in this section. Maps of two or more sheets shall be referenced to an index map placed on the first sheet. All signatures and seals shall be original and clearly readable in drawing ink. 11.4.1 Firestone Information Block All Final Plat sheets shall have a Firestone Information block (located in the bottom right corner of each drawing sheet). For specifications on the Firestone Information Block, see Section 2. 11.4.2 Title Block The title under which the subdivision is to be recorded. This name shall not duplicate the name of any existing subdivision in the Town of Firestone or Weld County. The following shall be clearly located on the top center of each sheet: Final Plat Subdivision Name Phase or Filing No. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 127 Town of Firestone Weld County State of Colorado Sheet of 11.4.3 Name The name under which the subdivision will be recorded. The name will not duplicate the name of any existing subdivision in the Town of Firestone or Weld County. 11.4.4 Owner/Developers Name, address, telephone number, and email address of the owner/developer. 11.4.5 Legal Description A legal description of the property to be subdivided, with the total acreage is required. All legal descriptions shall be metes and bounds unless the property has been previously platted in the Town and the Town Engineer approves a different legal description. 11.4.6 Parcel Boundaries A description of all monuments, both found and set, which mark the boundaries of the parcel, including a description of two or more recorded monuments on record with Weld County, used. in conducting the survey. Only one tie will be required for parcels containing two acres or less. 11.4.7 Technical Consultants Name, address, telephone number, and email address of the licensed surveyor, licensed engineer or other technical consultants involved with the plat. 11.4.8 Scale and North Arrow The scale at which the plats are drawn and a graphic representation, and a symbol designating true North. 11.4.9 Date The date of preparation of the Final Plat, with revision dates noted as appropriate. 11.4.10 Vicinity Map A Vicinity map shall to be added to the cover sheet of the Plat at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 128 11.4.11 Existing Streets and Easements The location and dimensions of all existing streets, alleys, easements, rights -of -way and watercourses within and adjacent to the subdivision and names of all such streets. 11.4.12 Adjacent Properties The names of all adjoining subdivisions with dotted lines of abutting lots; if the adjoining land is unplatted, it should be shown as such. 11.4.13 Utilities, Rights -of -Way, Easements and Dedications Approximate existing and proposed locations and sizes of all major utilities and easements, including, water, reuse water, sanitary sewer, drainage facilities, natural gas, telephone and electrical. Any existing or proposed utility sleeves shall also be approximately shown. An identification of the streets, alleys, easements, parks, and other public facilities as shown on the plat and a dedication thereof to the public use, or a cross reference to any previously recorded dedication. The Plat shall show the widths and names of existing and proposed abutting streets and widths of alleys. 11.4.14 Lot and Block Identification A logical identification system for all lots and blocks, and names of streets. 11.4.15 Flood Plains Designation of any area subject to flooding and adequate easements for flood control. 11.4.16 Dimensions, Geometry and Monumentation All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in five thousand. No plat showing plus or minus dimensions will be approved. 11.4.17 Lines and Street Geometry Lot lines should be perpendicular or radial to street rights -of -way unless circumstances may demand otherwise. Street intersections also should be perpendicular or radial to each other whenever possible. 11.4.18 Dimensions Accurate dimensions for all lines, angles parcels, streets, alleys, easements, areas important features. This shall include the Firestone Development Regulations May 2013 (TB Resolution No. 13-22) and curves used to describe boundaries, to be reserved for public use, and other exact location of all required monuments. 129 These dimensions shall include the description of point(s) and the Distance between point(s). 11.4.19 Angles of Departure The Plat shall show the angle of departure of adjoining property, street, alley, and other boundary lines. 11.4.20 Bearings and Angles Bearings on all exterior boundary and street centerline control. Angles between all lot lines. In the instance of a lot line intersecting the arc of a curve at an angle of other than 90" an angle shall be given from the lot line to the long chord of the arc involved. 11.4.21 Curve Data All curve data including the following: A. Delta B. Radius C. Length of Curve D. Chord Length E. Chord Bearing 11.4.22 Surveyors Statement A statement by the land surveyor explaining how bearings were determined. Magnetic bearings are not acceptable. 11.4.23 Monument Record When it is necessary to re-establish, restore and rehabilitate a public land survey monument in order to comply with the requirements of above, the surveyor shall furnish a copy of the official survey Monument Record with the Plat. 11.4.24 Surveyor A statement and signature by the land surveyor that the survey was performed by him or under his direct responsibility, supervision and checked that the Plat accurately and properly shows said subdivision. 11.4.25 Town Approval Block This is to certify that the Plat of (Name of Subdivision) was approved on this day of , 20 by Resolution No. , and that the Mayor of the Town of Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 130 Firestone on behalf of the Town of Firestone, hereby acknowledges said Plat upon which this certificate is endorsed for all purposes indicated thereon. Mayor ATTEST: Town Clerk 11.4.26 Lender Consents The title to all public lands and public easements dedicated by the Plat shall be free and clear of all monetary liens and encumbrances (such as mortgages, deeds of trusts, mechanic liens, etc.) If required by the Town, the plat shall contain consents by such interest holders, in the form required by the Town (see below). Subject to the approval of the Town Attorney, a title insurance policy shall be provided upon recording insuring the Town's title to all public lands dedicated to it to be free and clear of all liens and encumbrances. LENDER CONSENT The undersigned, a banking corporation, as the beneficiary of a deed of trust recorded with the Weld County Clerk and Recorder at and that constitutes a lien upon the Owner's property, hereby consents to the dedication of the streets, avenues, easements, Outlots, Tracts, and other public places as shown on this Final Plat of ," and hereby forever releases said lands from said lien. 11.4.27 Ownership and Dedication Know all men by these presents, that the undersigned (Names of all landowners) being the owner(s) of the land shown in this Final Plat and described as follows: (LEGAL DESCRIPTION) Have laid out, subdivided and platted said land as per drawing hereon contained under the name and style of (Subdivision Name), a subdivision of a part of the Town of Firestone, County of Weld, State of Colorado, and by these presents do hereby dedicate to the Town of Firestone the streets, avenues (and other public places, tracts/outlots) as shown on the accompanying plat for the public use thereof forever and does further dedicate to the use of the Town of Firestone and all serving public utilities (and other appropriate entities) those portions of said real property which are so designated as easements as shown. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 131 It is expressly understood and agreed by the undersigned that all expenses and costs involved in constructing and installing sanitary sewer system works and lines, water system works and lines, gas service lines, electrical service works and lines, landscaping, curbs, gutters, street pavement, sidewalks, and other such utilities and services shall be guaranteed and paid for by the subdivider or arrangements made by the subdivider thereof which are approved by the Town of Firestone, Colorado, and such sums shall not be paid by the Town of Firestone, and that any item so constructed or installed when accepted by the Town of Firestone shall become the sole property of said Town of Firestone, Colorado, except private roadway curbs, gutter and pavement and items owned by municipality franchised utilities, other serving public entities and/or Qwest, Inc., which when constructed or installed shall remain and/or become the property of such municipality franchised utilities, other serving public entities, and/or Qwest, Inc. and shall not become the property of the Town of Firestone, Colorado. Owner: (Name(s) of Owners) Owner Owner 11.4.28 Notary Certificate (in conjunction with owner's signatures) STATE OF COLORADO ) )SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , by Witness my hand and official seal Notary Public My commission expires 11.5 Utility Plans Final Utility Plans shall be submitted with the Final Plat. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 132 11.6 Subdivider's Agreement A Subdivider's Agreement shall be executed with the Town prior to recording of the final plat. The Town Attorney will provide the Applicant with a site -specific agreement. The Town's form agreement is shown as Exhibit V. 11.7 Improvements The subdivider will furnish and install the streets, water lines, sidewalks, street lights, sanitary sewer mains, reuse water mains, storm drains, storm drainage structures, bridge and irrigation ditch structures, and other improvements as may be necessary, in accordance with the plans and specifications (construction plans) approved by the Town. The subdivider agrees to file with the Town a copy of the as -built construction plans of said public improvements upon their completion in the form of 1 Mylar set and 2 sets of prints stamped by a registered professional engineer. 11.8 Contractor's License Any contractor or sub -contractor employed by the subdivider shall be licensed by the Town, as applicable, before the contractor or sub -contractor commences work on any of the improvements contemplated within the agreement. 11.9 Maintenance Every reasonable effort must be made by the subdivider to maintain all streets located within the subdivision in which the improvements are to be installed in a reasonably safe and passable condition during the course of work contemplated. If for any reason the construction of the streets provided for in the subdivider's agreement is delayed until the structures or dwelling units are occupied, then the subdivider must agree to maintain sufficient streets in said subdivision used by the occupants of any such structures or dwelling units in a reasonable, suitable and proper condition to provide for travel, ingress and egress, and to continue said maintenance until such time as the hard surface shall be completed and accepted for maintenance by the Town. 11.10 Transfer and Warranty All improvements constructed by the subdivider in public rights -of -way, easements, streets or alleys shall become the property of the Town immediately upon acceptance of said improvements by the Town and the subdivider warrants said improvements for two years from the date of acceptance by the Town. Trenches are warranted from settlement for two years. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 133 11.11 Processing For all PUD's, the Final Plat shall be processed concurrently with the Final Development Plan and pursuant to the procedures contained in Sections 10.7 through 10.31. See Exhibit U for submittal requirements for both the Final Plat and Final Development Plan. In rare cases where a Final Plat is not processed with the Final Development Plan submittal and processing requirements of Sections 10.7 through 10.31 shall apply, except for those which the Town Engineer or Town Planner have identified as not applicable to the subdivision request. 11.12 Deposit for Incremental Drilling Costs For qualifying surface developments, defined as an application for development covering at least 160 gross acres, plus or minus 5 percent, within the Greater Wattenberg Area pursuant to C.R.S. § 24-65.5-102(5.7), the Applicant shall provide the Town confirmation that it has deposited into an escrow account in the amounts required by and in compliance with C.R.S. § 24-65.5-103.7 to defray incremental drilling costs to be incurred by mineral estate owners for drilling wells to prospective formations accessible from the oil and gas operations area that could otherwise have been vertically drilled within drilling windows established by the Colorado Oil and Gas Conservation Commission (Commission) that are not included in the oil and gas operations area, or that the Applicant has posted a letter of credit or other security for such costs as determined to be adequate by the Commission. If a directional well is commenced within the oil and gas operations area after final plat approval and before recordation of the final plat, the Applicant shall confirm that it has made the escrow deposit required within ten days after the commencement of each well so commenced. Submitting the confirmation set forth herein in a form acceptable to the town shall be a condition of obtaining approval to record the final plat. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 134 12.0 Minor Subdivision Minor subdivisions shall be processed in accordance with the requirements herein and Tile 16 of the Town Code. 12.1 Pre -Application Submittal Conference A pre -application submittal conference is encouraged to be held pursuant to Section 2.2. 12.2 Application Notebook The following materials shall be submitted in an application notebook as specified in Section 2.10 (1). 12.2.1 Table of Contents A table of contents shall be provided as the first sheet in the notebook. To the extent possible, these documents noted below shall also be provided in electronic format as noted in Chapter 2. 12.2.2 Development Application A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5. The Development Application has a signature block that notes the applicant has read pertinent sections of these Development Regulations. 12.2.3 Development Cost Agreement A Cost Agreement and Funds Deposit Agreement shall accompany the development application. These agreements are described in Section 2.4 and the standard format for these documents is shown in Exhibit G. 12.2.4 Vicinity Map A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch by 11-inch sheet of paper. 12.2.5 Title Commitment The Applicant shall submit a current Title Commitment for the Property, dated no later than one month prior to the final Town Board hearing date. The applicant shall provide endorsements updating the effective date as requested by the Town. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 135 12.2.6 Legal Description A legal description of the property to be subdivided, with the total acreage is required. All legal descriptions shall be metes and bounds unless the property has been previously platted in the Town and the Town Engineer approves a different legal description. A computer version of the legal description (Word document) on CD is also required to be submitted by the Applicant. The Applicant shall provide lot closures for all legal descriptions. 12.2.7 Tax Certificate The Applicant shall submit a current Weld County Tax Certificate for the subject Property. 12.2.8 Water Rights Questionnaire A Water Rights Questionnaire (Exhibit L) must accompany a development application. 12.2.9 Fiscal Impact Analysis A general fiscal impact analysis is prepared by the Town. However, a fiscal impact submittal form must be completed by the Applicant. The fiscal impact submittal form is shown as Exhibit K. 12.2.10 Environmental Assessment Unless waived by the Town Engineer, a Phase I environmental assessment shall be required. Report can be included in the notebook or as a separate document. 12.2.11 Mine Subsidence Report Unless waived by the Town Engineer, a Mine Subsidence Report shall only be required for applications that have been undermined. 12.3 Response Letter For a second or third submittal (as described below) a letter shall be provide describing how each staff comment or Planning Commission recommended condition (if available) has been addressed. 12.4 Final Plat Map Sheets The following information shall be supplied in drawing form. The scale shall be 1-inch 50-feet or 1-inch = 100-feet, unless otherwise approved by the Town Engineer. The Final Plat shall be on sheets with outer dimensions of twenty-four inches by thirty-six inches (24" x 36") and shall contain the information noted in this section. Maps of two or more sheets shall be referenced to an index map placed on the first sheet. A margin of Firestone Development Regulations May 2013 JB Resolution No. 13-22) 136 at least two (2) inches shall be reserved along the narrow left side of each drawing. A margin of at least one-half inch shall be reserved around the balance of the drawing. All signatures and seals shall be original and clearly readable in drawing ink. 12.4.1 Firestone Information Block All Final Plat sheets shall have a Firestone Information block (located in the bottom right corner of each drawing sheet). For specifications on the Firestone Information Block, see Section 2. 12.4.2 Title Block The title under which the subdivision is to be recorded. This name shall not duplicate the name of any existing subdivision in the Town of Firestone or Weld County. The following shall be clearly located on the top center of each sheet: Final Plat Subdivision Name Phase or Filing No. Town of Firestone Weld County State of Colorado Sheet of 12.4.3 Name The name under which the subdivision will be recorded. The name will not duplicate the name of any existing subdivision in the Town of Firestone or Weld County. 12.4.4 Owner/Developers Name, address, telephone number, and email address of the owner/developer. 12.4.5 Technical Consultants Name, address, telephone number, email address of the licensed surveyor, licensed engineer or other technical consultants involved with the Final Plat. 12.4.6 Legal Description A legal description of the property to be subdivided, with the total acreage is required. All legal descriptions shall be metes and bounds unless the property has been previously platted in the Town and the Town Engineer approves a different legal description. Firestone Development Regulations May 2013 (T8 Resolution No. 13-22) 137 12.4.7 Parcel Boundaries A description of all monuments, both found and set, which mark the boundaries of the parcel, including a description of two or more recorded monuments on record with Weld County, used in conducting the survey. Only one tie will be required for parcels containing two acres or less. 12.4.8 Scale and North Arrow The scale at which the plats are drawn and a graphic representation, and a symbol designating true North. 12.4.9 Date The date of preparation of the Plat, with revision dates noted as appropriate. 12.4.10 Vicinity Map Vicinity sketch at a scale of 1-inch to 1,200-feet showing parcel location and bordering streets and major streets within one-half mile. 12.4.11 Existing Streets and Easements The location and dimensions of all existing streets, alleys, easements, right-of-way and watercourses within and adjacent to the subdivision and names of all such streets. 12.4.12 Adjacent Properties The names of all adjoining subdivisions with dotted lines of abutting lots; if the adjoining land is unplatted, it should be shown as such. 12.4.13 Utilities, Rights -of -Way, Easements and Dedications Approximate existing and proposed locations and sizes of all major utilities and easements, including, water, reuse water, sanitary sewer, drainage facilities, natural gas, telephone and electrical. Any existing or proposed utility sleeves shall also be approximately shown. An identification of the streets, alleys, easements, parks, and other public facilities as shown on the plat and a dedication thereof to the public use, or a cross reference to any previously recorded dedication. The Plat shall show the widths and names of existing and proposed abutting streets and widths of alleys. 12.4.14 Lot and Block Identification A logical identification system for all lots and blocks, and names of streets. 12.4.15 Flood plains Designation of any area subject to flooding and adequate easements for flood control. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 138 12.4.16 Dimensions, Geometry and Monumentation All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in five thousand. No plat showing plus or minus dimensions will be approved. 12.4.17 Lines and Street Geometry Lot lines should be perpendicular or radial to street rights -of -way unless circumstances may demand otherwise. Street intersections also should be perpendicular or radial to each other whenever possible. 12.4.18 Dimensions Accurate dimensions for all lines, angles and curves used to describe boundaries, parcels, streets, alleys, easements, areas to be reserved for public use, and other important features. This shall include the exact location of all required monuments. These dimensions shall include the description of point(s) and the Distance between point(s). 12.4.19 Angles of Departure The Plat shall show the angle of departure of adjoining property, street, alley, and other boundary lines. 12.4.20 Bearings and Angles Bearings on all exterior boundary and street centerline control. Angles between all lot lines. In the instance of a lot line intersecting the arc of a curve at an angle of other than 900 an angle shall be given from the lot line to the long chord of the arc involved. 12.4.21 Curve Data All curve data including the following: A. Delta B. Radius C. Length of Curve D. Chord Length E. Chord Bearing 12.4.22 Surveyor Statement A statement by the land surveyor explaining how bearings were determined. Magnetic bearings are not acceptable. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 139 12.4.23 Monument Record When it is necessary to re-establish, restore and rehabilitate a public land survey monument in order to comply with the requirements of above, the surveyor shall furnish a copy of the official survey Monument Record with the Plat. 12.4.24 Surveyor A statement and signature by the land surveyor that the survey was performed by him/her or under his/her direct responsibility, supervision and checked that the Plat accurately and properly shows said subdivision. 12.4.25 Town Approval Block This is to certify that the Final Plat of (Name of Subdivision) was approved on this day of , 20 by Resolution No. , and that the Mayor of the Town of Firestone on behalf of the Town of Firestone, hereby acknowledges said Plat upon which this certificate is endorsed for all purposes indicated thereon. Mayor ATTEST: Town Clerk 12.4.26 Lender Consents The title to all public lands and public easements dedicated by the Plat shall be free and clear of all monetary liens and encumbrances (such as mortgages, deeds of trusts, mechanic liens, etc.) If required by the Town, the plat shall contain consents by such interest holders, in the form required by the Town (see below). Subject to the approval of the Town Attorney, a title insurance policy shall be provided upon recording insuring the Town's title to all public lands dedicated to it to be free and clear of all liens and encumbrances. LENDER CONSENT The undersigned, corporation, as th Firestone e Development Regulations May 2013 JB Resolution No. 13-22) 140 12.4.27 Ownership and Dedication Know all men by these presents, that the undersigned (Names of all landowners) being the owner(s) of the land shown in this final plat and described as follows: (LEGAL DESCRIPTION) Have laid out, subdivided and platted said land as per drawing hereon contained under the name and style of (Subdivision Name), a subdivision of a part of the Town of Firestone, County of Weld, State of Colorado, and by these presents do hereby dedicate to the Town of Firestone the streets, avenues (and other public places, tracts/outlots [to be completed with specific references]) as shown on the accompanying plat for the public use thereof forever and does further dedicate to the use of the Town of Firestone and all serving public utilities (and other appropriate public entities) those portions of said real property which are so designated as easements as shown. It is expressly understood and agreed by the undersigned that all expenses and costs involved in constructing and installing sanitary sewer system works and lines, water system works and lines, gas service lines, electrical service works and lines, landscaping, curbs, gutters, street pavement, sidewalks, and other such utilities and services shall be guaranteed and paid for by the Subdivider or arrangements made by the Subdivider thereof which are approved by the Town of Firestone, Colorado, and such sums shall not be paid by the Town of Firestone, and that any item so constructed or installed when accepted by the Town of Firestone shall become the sole property of said Town of Firestone, Colorado, except private roadway curbs, gutter and pavement and items owned by municipality franchised utilities, other serving public entities and/or Qwest, Inc., which when constructed or installed shall remain and/or become the property of such municipality franchised utilities, other serving public entities, and/or Qwest, Inc. and shall not become the property of the Town of Firestone, Colorado. Owner: (Name(s) of Owners) By: Owner Firestone Development Regulations May 2013 (TB Resolution No. 13-22) Owner 141 12.4.28 Notary Certificate (in conjunction with owner's signature) STATE OF COLORADO ) )SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me this by Witness my hand and official seal Notary Public My commission expires day of 20 12.5 Subdivider's Agreement A Subdivider's Agreement shall be executed with the Town prior to recording of the final plat. The Town Attorney will provide the Applicant with a site -specific agreement. The Town's form agreement is shown as Exhibit V. 12.6 Processing Minor Plat applications shall be processed in accordance with the requirements of Title 16 of the Town Code and Sections 10.7 through 10.31 of these Development Regulations, except for those processing requirements that the Town Engineer or Town Planner have identified as not applicable to the minor subdivision request. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 142 13.0 Preliminary Utility Plans All Preliminary Utility Plans shall be prepared in such a manner as to present all pertinent information that will be required to construct the proposed facilities. Additional information shall be submitted, as may be required by the Town Engineer, to aid in the technical review by the Town to ensure compliance with all Town criteria and accepted engineering and construction standards. All Preliminary Utility Plans shall be prepared by, or under the direct supervision of, a professional civil engineer licensed in the State of Colorado. The Preliminary Utility Plans shall be submitted to the Town along with the Preliminary Plat. 13.1 Pre -Application Submittal Conference A pre -application submittal conference is encouraged to be held pursuant to Section 2.2. 13.2 Application Notebook The following materials shall be submitted in an application notebook as specified in Section 2.10 (1). 13.2.1 Table of Contents A table of contents shall be provided as the first sheet in the notebook. To the extent possible, these documents noted below shall also be provided in electronic format as noted in Chapter 2. 13.2.2 Development Application A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5. The Development Application has a signature block that notes the applicant has read pertinent sections of these Development Regulations. 13.2.3 Development Cost Agreement A Cost Agreement and Funds Deposit Agreement shall accompany the development application. These agreements are described in Section 2.4 and the standard format for these documents is shown in Exhibit G. 13.2.4 Vicinity Map A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch by 11-inch sheet of paper. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 143 13.2.5 Title Commitment The Applicant shall submit a current Title Commitment for the Property, dated no later than three months prior to the final Town Board hearing date. The applicant shall provide endorsements updating the effective date as requested by the Town. 13.2.6 Tax Certificate The Applicant shall submit a current Weld County Tax Certificate for the subject Property. 13.2.7 Water Rights Questionnaire A completed Water Rights Questionnaire (Exhibit L) must accompany a development application. 13.2.8 Fiscal Impact Analysis A general fiscal impact analysis is prepared by the Town. However, a fiscal impact submittal form must be completed by the Applicant. The fiscal impact submittal form is shown as Exhibit K. 13.2.9 Environmental Assessment Unless waived by the Town Engineer, a Phase I environmental assessment shall be required. Report can be included in the notebook or as a separate document. 13.2.10 Traffic Impact Study Unless waived by the Town Engineer, a Traffic Impact Study prepared pursuant to the requirements specified in Section 11.0 shall be required. The study can be included in the notebook or as a separate document. 13.2.11 Soils Report Unless waived by the Town Engineer, a Soils Report prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 13.2.12 Drainage Report Unless waived by the Town Engineer, a Drainage Report prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 13.2.13 Hydraulic Analysis Report Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 144 Unless waived by the Town Engineer a Hydraulic Analysis prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 13.3 Response Letter For a second or third submittal (as described below) a letter shall be provide describing how each staff comment or Planning Commission recommended condition (if available) has been addressed. 13.4 Preliminary Utility Plan Sheets The following information must be prepared on the following sheets 24-inches by 36- inches in size and supplied in sequence. A. Cover sheet. B. Overall utility plan(s). C. Grading plan(s). 13.4.1 Scale and North Arrow On all sheets provide the scale at which the drawings are drawn and a graphic representation, and a symbol designating true North. USGS maps 7.5 minute series are acceptable. 13.4.2 Cover Sheet A. A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200- feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. B. Index to all sheets. C. Legend showing various line types and symbols and what they represent. D. Abbreviations used on the utility plans. E. General notes (including Town standards). F. Benchmark Reference (a monumented and recorded benchmark on the Town of Firestone datum shall be within five hundred feet of the construction work area). Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 145 G. The Firestone Information block shall be located in the bottom right corner (only required on cover sheet of PUP). For specifications on the Firestone Information Block, see Section 2. 13.4.3 Overall Utility Plan A. Plan scale shall not exceed 1" = 100". B. Show all proposed potable water lines including valves, fittings, and fire hydrants. Label water line sizes and type of pipe. C. Show all proposed sanitary sewer lines including manhole locations. Label all manholes and show directions of flow. Label any sewer lines larger than 8" or manholes larger than 48" diameter. D. Show all storm sewers, manholes, culverts and inlets. Pipe sizes are optional as are inlet sizes. E. Show location, size, and type of existing water, sanitary sewer, storm sewer, culverts, and inlets. F. Show all proposed streets including center line, edge of asphalt, flow line, top of curb (for vertical curb only), sidewalks, and cross pans. Show all street names. G. Show all existing streets including centerline, edge of asphalt, flow line, top of curb (for vertical curb only), sidewalks, and cross pans. Show all street names. H. Show all proposed lots with lot numbers. I. Show all existing lots with lot numbers, if previous phases or filings have been done, that abut this phase or filing. J. Show all proposed right-of-ways and easements including standard utility easements, sanitary sewer easements, drainage easements, conservation easements, ditch easements, etc. K. Show all existing right-of-ways and easements that abut or traverse the site. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 146 L. Show all structures or facilities that will remain on the site indefinitely or temporarily such as barns, oil and gas wells, storage tanks, railroad tracks, irrigation ditches, etc. M. Show all wetlands (if any) on the site. 13.4.4 Grading Plan A. Plan scale shall not exceed 1" = 100". B. Show all existing ground contours at an interval not to exceed one -foot. Existing contours should be dashed and/or faded to prevent cluttering the drawing and label all existing contours. C. Show all existing surface features such as streets, roads, structures, ditches, headworks, wells, trees, water surfaces, lakes, ponds, streams, rivers, dams, culverts, utility poles, signs, fences, driveways, field roads, headwalls, etc. D. Label all existing roads, streets, rivers, streams (if it has a name), irrigation ditches, etc. E. Show all of the items listed in the requirements for the preliminary overall utility plan. Although, text and notes may be omitted. F. Show proposed grading contours at the same contour interval as the existing and label all contours. Proposed contours should be solid and heavy enough to easily distinguish themselves from the existing contours and show proposed grading spot elevations. At a minimum, spot elevations shall be shown at all street intersections, grade breaks, high points, and low points. Enough spot elevations should be shown across. the site to determine the limits of disturbance and general drainage patterns. - G. Location and grading of proposed detention ponds. This should also include estimated 100-year inflow, release rates, and the ponds capacity. H. Provide flow arrows that indicate the direction of storm runoff in streets and across lots and open spaces. I. Show locations of proposed ditches and swales. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 147 J. Show the location(s) where storm runoff will enter and leave the site. K. Label all open spaces, tracts, out parcels, existing or future phases, etc. L. Show all existing and proposed 100-year flood plains. 13.5 Preliminary Utility Plan Processing A. Preliminary Utility Drawings shall be processed in concurrence with a Preliminary Development Plan and Preliminary Plat, as appropriate. See Exhibit S. for a summary of submittal requirements for all noted documents. NOTE Approval of the drawings is for general conformance to the Town of Firestone Design and Construction Specification Regulations as amended. Errors or omissions encountered in the plans after approval does not relieve the Applicant from meeting all Town specifications and codes and constructing all facilities so that such facilities can be accepted by the Town Engineer. B. Once approved by the Town, the Applicant shall then deliver two (2) sets of all approved Preliminary Utility Plans to the Planning Coordinator along with all reports. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 148 14.0 Final Utility Plans All Final Utility Plans shall be prepared in such a manner as to present all pertinent information that will be required to construct the proposed facilities. Additional information shall be submitted, as may be required by the Town Engineer, to aid in the technical review by the Town to ensure compliance with all Town criteria and accepted engineering and construction standards. All Final Utility Plans shall be prepared by, or under the direct supervision of, a professional civil engineer licensed in the State of Colorado. The Final Utility Plans shall be submitted to the Town along with the Final Plat. 14.1 Pre -Application Submittal Conference A pre -application submittal conference is encouraged to be held pursuant to Section 2.2. 14.2 Application Notebook The following materials shall be submitted in an application notebook as specified in Section 2.10 (1). 14.2.1 Table of Contents A table of contents shall be provided as the first sheet in the notebook. To the extent possible, the documents noted below shall also be provided in electronic format as noted in Chapter 2. 14.2.2 Development Application A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5. The Development Application has a signature block that notes the applicant has read pertinent sections of these Development Regulations. 14.2.3 Development Cost Agreement A Cost Agreement and Funds Deposit Agreement shall accompany the development application. These agreements are described in Section 2.4 and the standard format for these documents is shown in Exhibit G. 14.2.4 Vicinity Map A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch by 11-inch sheet of paper. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 149 14.2.5 Title Commitment The Applicant shall submit a current Title Commitment for the Property, dated no later than three months prior to the final Town Board hearing date. The applicant shall provide endorsements updating the effective date as requested by the Town. 14.2.6 Tax Certificate The Applicant shall submit a current Weld County Tax Certificate for the subject Property. 14.2.7 Water Rights Questionnaire A completed Water Rights Questionnaire (Exhibit L) must accompany a development application. 14.2.8 Fiscal Impact Analysis A general fiscal impact analysis is prepared by the Town. However, a fiscal impact submittal form must be completed by the Applicant. The fiscal impact submittal form is shown as Exhibit K. 14.2.9 Water Service Calculations The Applicant shall submit AWWA M22 water service sizing calculations. 14.2.10 Environmental Assessment Unless waived by the Town Engineer, a Phase I environmental assessment shall be required. Report can be included in the notebook or as a separate document. 14.2.11 Traffic Impact Analysis Unless waived by the Town Engineer, a Traffic Impact Study prepared pursuant to the requirements specified in Section 11.0 shall be required. The study can be included in the notebook or as a separate document. 14.2.12 Soils Report Unless waived by the Town Engineer, a Soils Report prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 150 14.2.13 Drainage Report Unless waived by the Town Engineer, a Drainage Report prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 14.2.14 Hydraulic Analysis Report Unless waived by the Town Engineer a Hydraulic Analysis prepared pursuant to the requirements specified in Section 11.0 shall be required. The report can be included in the notebook or as a separate document. 14.3 Response Letter For a second or third submittal (as described below) a letter shall be provided describing how each staff comment or Planning Commission recommended condition (if available) has been addressed. 14.4 Final Utility Plan Sheets. The following information must be prepared on the following sheets 24-inches by 36- inches in size and supplied in sequence. A. Cover sheet. B. Overall utility plan(s). C. Grading plan(s). D. Sanitary sewer plan and profile(s). E. Storm sewer plan and profile(s). F. Street plan and profile(s). G. Waterline plan and profiles(s) for 12-inch and larger pipe only. H. Drainage channel plan and profile(s) for major drainage way construction that includes grade control structures. I. Details. J. Erosion Control Plan. 14.4.1 Scale and North Arrow On all sheets provide the scale at which the drawings are drawn and a graphic representation, and a symbol designating true North. 14.4.2 Cover Sheet A. A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200- feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 151 B. Index to all sheets. C. Legend showing various line types and symbols and what they represent. D. Abbreviations used on the utility plans. E. General notes (including Town standards). F. Benchmark Reference (a monumented and recorded benchmark on the Town of Firestone datum shall be within five hundred feet of the construction work area). G. The Firestone Information block shall be located in the bottom right corner (only required on cover sheet of PUP). For specifications on the Firestone Information Block, see Section 2. H. Approval block, see Section 14.14. 14.4.3 Overall Utility Plan A. Include all items required for the preliminary overall utility plan. B. Label water line pipe size, material and length. Label all valve types and all bends. Label all fire hydrants and hydrant sizes. Indicate locations of PRV's, air/vacuum valves, plugs, and stubouts for future expansion. C. Sanitary sewer lines shall be labeled in the same manner as what is shown on the sanitary sewer plan and profile sheets. If a particular line is labeled "Line SS-1" on the P & P sheets it should be labeled similarly on the overall utility plan. If lines are not labeled but rather denoted by street name in the P & P sheets then no label is necessary on the overall utility plan. D. Label all storm sewer pipe size and material. Lengths need not be shown since they appear on the storm sewer P & P sheets. Label all inlets and indicate the inlet type and size. Label all manholes and lines as they are shown on the P & P sheets. Storm sewer lines shall be labeled in the same manner as what is shown on the storm sewer plan and profile sheets. If a particular line is labeled "Line ST-1" on the P & P sheets it should be labeled similarly on the overall Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 152 utility plan. If lines are not labeled but rather denoted by street name in the P & P sheets then no label is necessary on the overall utility plan. E. Clearly indicate the location and method of connections to existing utilities. 14.4.4 Grading Plan A. Include all items required for the preliminary grading plan except that proposed grading contours must be used and all storm sewer facilities must be sized and labeled. Plan scale shall not exceed 1" = 100'. B. Show all storm sewers, manholes, culverts, inlets, and other storm drainage facilities. Storm sewer lines, manholes, and inlets shall be labeled. Sizes of all pipes, manholes, and inlets shall be shown. C. All riprap blankets shall be shown. The type of riprap shall be shown. The dimensions of the riprap blanket shall be shown including thickness. The thickness and type of bedding materials shall be shown. D. Detention ponds shall show the active capacity, 100-year inflow and release rate, and the 100-year ponding elevation. E. Finished floor elevations shall be shown for all lots. F. High points and low points in streets shall be labeled and spot elevations shown. G. Show locations of erosion control facilities such as silt fences, straw bale dikes, gravel filters, sediment traps, etc. H. Show notes indicating seeding mixes and procedures and mulch application rates and procedures. I. Channel and swale typical cross sections showing flow depths during the major and minor storm. J. Location of the 100-year flood plain of major rivers, streams, drainageways, and manmade channels. Firestone Development Regulations May 2013 (TB Resolution No_ 13-22) 153 K. Show all wetlands (if any) on the site. L. Label slopes that are 4:1 or steeper. 14.4.5 Sanitary Sewer Plan and Profile The following is considered minimum requirements for items to be shown on the P & P sheets. Consult with the Sanitation District for further information. A. The plan view shall contain all of the items required for the final overall utility plan. The sanitary sewer lines, manholes, and services shall be done with a heavier pen so they will stand out. Label the length and bearing of each line from center of manhole to center of manhole. B. Reference sheet numbers for continuations at match lines or for laterals not profiled on the current sheet. C. Profiles shall be stationed from downstream to upstream. Length, slope, size, and material of pipe shall be labeled from center of manhole to center of manhole. Manhole stations shall be labeled. At each manhole label the invert in and out and the manhole rim elevation. Show all utility crossings and label the size, type, and invert elevation of the utility. Show and label the existing and finished ground at the pipe centerline. Show and label all encasements, cutoff walls, and subdrains. 14.4.6 Storm Sewer Plan and Profile A. The plan view shall contain all of the information required for the final overall utility plan and shall also include the existing and finished ground contours or the plan view shall contain all of the information required for the final grading plan and shall also include the proposed water and sewer lines. B. All storm sewer lines, manholes, culverts, headwalls, flared end sections, inlets, and riprap blankets shall be done with a heavier pen so they will stand out. The plan view should show the line number/label, pipe size, type, length, and bearing. C. Reference sheet numbers for continuation at match lines or for lines not profiled on the current sheet. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 154 D. A note shall be added to the plan view indicating the required class of reinforced concrete pipe when used. E. Profiles shall be stationed from downstream to upstream. The length, slope, size, and material of pipe shall be labeled from center of manhole to center of manhole. Manholes and inlet stations shall be labeled at each manhole and inlet. Label the invert in and out and the rimlflowline elevation. Show all utility crossings and label the size, type, and invert elevation of each utility. Because storm sewer pipe has large pipe thickness', show the pipe thickness on the profile to ensure proper clearance with other utilities. Show and label the existing and finished ground at the pipe centerline. Show and label all encasements, cutoff walls, head walls, end sections, riprap blankets, etc. show and label the hydraulic grade line and indicate sections of storm sewer that require water tight joints. 14.4.7 Street Plan and Profile A. The plan view shall show the street centerline, edge of asphalt, flowline, back of curb (for vertical curb only), cross pans, sidewalk including handicapped ramp locations, and right-of-ways. Also, show adjacent lot lines, utility easements, tracts, and open spaces. Storm sewer inlets and culverts shall be shown. B. Label the street centerline at 100-foot increments with tick marks every 50-feet. Show street centerline stations for storm inlets, centerline intersections with other streets, and points of curvature ("PC") and points of tangency ("PT") for all horizontal curves. Also, show street centerline stations for all points of curb return ("PCR"). C. Provide spot elevations and labels at all high points and low points. Show spot elevations at all PCR's and on the street centerline perpendicular to PCR's. Show spot elevations at the midpoint of curb returns where there is no cross pan. Show spot elevations at the intersection of street flow lines where a cross pan will be installed and at the midpoint of the cross pan. Show spot elevations at the centerline intersection of all streets. D. Show all street centerline horizontal tangent and curve data. Tangent data shall include bearing and distance. Curve data shall include curve radius, arc length, chord distance, chord bearing, and the delta angle. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 155 E. Indicate sheet numbers for continuation at match lines and for streets not profiled on the current sheet. F. The plan view shall have a typical cross section of the street showing right-of- way width, flowline to flowline width, sidewalk width, type of curb and gutter, and crown slope. The cross section shall also include the pavement section to be used. G. The profile shall show the existing and finished ground at the centerline of the street. The profile shall be stationed every 50-feet. The profile shall show finished grade elevations every 50-feet except through vertical curves where elevations will be shown every 25-feet. Label and show stations and elevations for grade breaks ("GB"), points of curb return ("PCR"), beginning of vertical curves ("BVC"), end of vertical curves ("EVC"), center line intersections with other streets, and storm inlets. H. Vertical curves shall be shown in the profile. Label the length of vertical curve, BVC, EVC, high point/low point station and elevation, and the algebraic difference in grades approaching the vertical curve. I. Label centerline slopes between all vertical curves and/or grade breaks. J. In addition to the requirements of Plan and Profile Design, Arterial Street Design shall include cross sections at intervals not to exceed 100 feet. Cross sections shall be referenced back to street centerline stationing as shown on the Plan and Profile sheets. Cross sections shall clearly show existing ground, proposed improvements and the ultimate street sections for the full width of the ultimate Right -of -Way. Additional cross section width will be necessary to show proposed grading tying back into existing R.O.W., proposed R.O.W., ultimate R.O.W., and adjacent easements shall be clearly labeled. 14.4.8 Waterline Plan and Profile A. Profiles for waterlines shall only be required for pipe diameters of 12-inches or more. B. The purpose of large diameter waterline profiles will be to better detail the increased number of horizontal and vertical fittings that are necessary due to Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 156 the larger pipe diameter. The profile will be used to ensure adequate clearance with other utilities. C. The plan and profile view layout shall be similar in content to that which is required for sanitary sewers and storm sewers (no topographic contours are necessary). All valves, fittings, and appurtenances shall be shown and labeled in both the plan and profile. Sanitary sewer and storm sewers shall be shown in both the plan and profile with invert elevations labeled in the profile. 14.4.9 Drainage Channel Plan and Profile A. Plan and profile sheets for drainage channels will only be required for major drainageways that will have several grade changes and/or grade control structures. B. The purpose of plan and profile sheets for drainage channels will be to ensure precise construction of a facility that may not be properly constructed if only a plan view grading plan is provided. C. Information that should appear will include finished grade contours, channel bottom grades, grade control structures, road crossings, utility crossings, and the 100-year water surface profile. 14.4.10 Detail Sheets Standard details shall be provided to ensure compliance with Town criteria and District criteria. Other details for special conditions may be required to ensure proper construction. The Town may require special details when in the Town's opinion, a situation is not clear or if a detail will ensure proper construction. 14.4.11 Erosion Control Plan Erosion Control Plan consistent with the Storm Water Management Plan (SWMP) shall be included in the FUP set. 14.4.12 Approval Block A. An approval block shall appear on the cover sheet of the final utility plan set. Space shall be provided for approval signatures by the Town and the appropriate water and sanitation districts. Other approval signatures may be required for ditch companies, oil and gas companies, or other agency. For Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 157 developments that include new water use in an amount more than that used by fifty single-family equivalents, the Town's execution of the final utility plan constitutes a determination that the Applicant has satisfactorily demonstrated, in accordance with C.R.S. § 29-20-303, that water supply will be adequate for the development covered by such utility plan and related final development plan; such determination being subject to compliance with the applicable subdivision or development agreement and all other applicable agreements, requirements, and approved plans. B. The following is an example of a typical approval block that should be modified for specific conditions. Utility Plan Approval Approved: Date: Town of Firestone Approved: Date: Sanitation District Approved: Date: Ditch Company (as necessary) 14.5 Subdivider's Agreement A Subdivider's Agreement shall be executed with the Town prior to recording of the final plat. The Town Attorney will provide the Applicant with a site -specific agreement. The Town's form agreement is shown as Exhibit V. 14.6 Final Utility Plan Processing A. Final Utility Drawings shall be processed in concurrence with a Final Development Plan and Final Plat, as appropriate. See Exhibit U for a summary of submittal requirements for all noted documents. B. After the construction plans have been reviewed, a mylar original construction plan set (stamped and signed by PE and signed by sanitation district) shall be Firestone Development Regulations May 2013 JB Resolution No. 13-22) 58 submitted with all changes and corrections to the Planning Coordinator for approval and signature. NOTE Approval of the drawings is for general conformance to the Town of Firestone Design and Construction Specification Regulations as amended. Errors or omissions encountered in the plans after approval does not relieve the Applicant from meeting all Town specifications and codes and constructing all facilities so that they can be accepted by the Town Engineer. C. After the Town has signed the original mylar construction plan set, the Applicant shall pick-up the mylar from the Town and make copies of the approved plans. The Applicant shall then deliver three (3) sets of all approved construction plans to the Planning Coordinator. D. The Applicant shall submit a CD containing the AutoCAD electronic files of the Final Utility Plans to the Planning Coordinator (for the Town Engineer). Firestone Development Regulations May 2013 JB Resolution No. 13-22) 159 15.0 Permitted Uses Within a PUD The standards in this section control land uses within a PUD. 15.1 Land Use Categories The following major land use categories are permitted to be located in a PUD in locations approved by the Town Board. Variations to these land use categories may also be permitted as approved by the Town Board. A. Employment Center (EC) B. Regional Commercial (RC) C. Neighborhood Center (NC) D. Residential - C (R-C) E. Residential - B (R-B) F. Residential - A (R-A) G. Agriculture - B (AG-B) H. Agriculture - A (AG -A) Open Space (OS) J. Conservation (CN) 15.2 Employment Center An employment center is a large area or areas of land (generally greater than 20 acres) designated primarily for employee based enterprises. Employment centers require generally direct access to arterial roadways or freeways. The EC land use category permits industrial, commercial, and office uses to occur. 15.2.1 Permitted Industrial Uses The following industrial land uses are permitted within the EC land use category: A. Research, development & testing Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 160 B. Manufacturing* C. Fabrication* D. Processing* E. Assembly* F. Warehousing G. Repair and service* H. Laboratories* I. Office/Warehouse J. Storage and distribution facilities* Wholesaling of any commodity manufactured, processed, fabricated or warehoused on the premises. All referenced uses shall be completely enclosed in a building. 15.2.2 Permitted Commercial Uses The following commercial uses are permitted within the EC land use category: A. Retail commercial (as a support use) B. Retail showroom C. Wholesale commercial D. Office -showroom E. Personal service F. Repair and service Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 161 G. Warehouse -showroom H. Recreation facilities I. Hospitals J. Gas stations K. Car washes L. Restaurants 15.2.3 Permitted Office Uses The following office uses are permitted within the EC land use category: A. Professional B. Administrative C. Research, development & testing D. Medical office and clinic E. Executive office F. Laboratories G. Colleges H. Training and instructional I. Financial Institutions 15.3 Regional Commercial Regional Commercial (RC) centers provide goods and services on a regional basis. The RC land use category permits regional commercial and related land uses. 15.3.1 Permitted Commercial Uses The following commercial uses are permitted within the RC land use category: Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 162 A. Retail commercial B. Retail sales and service C. Retail showroom D. Convention centers E. Retail lodging (including, hotels, motels) F. Stadiums G. Wholesale commercial H. Food sales I. Personal service J. Office -showroom K. Warehouse -showroom L. Sports centers M. Recreation facilities N. Car washes (if an economic development benefit can be demonstrated) O. Repair and service P. Hospitals Q. Kennels (totally enclosed) R. Gas stations S. Establishments serving liquor Firestone Development Regulations May 2013 JB Resolution No. 13-22) 163 T. Indoor entertainment, including movies and theaters 15.3.2 Permitted Office Uses The following office uses are permitted within the RC land use category: A. Professional B. Administrative C. Medical office and clinic D. Executive office E. Research, development & testing F. Laboratories G. Colleges H. Training and instructional I. Financial Institutions 15.4 Neighborhood Center The NC land use category permits commercial and offices uses to occur. 15.4.1 Permitted Commercial Uses The following commercial uses are permitted within the NC land use category: A. Retail commercial B. Retail sales and service C. Retail showroom D. Food sales E. Personal service Firestone Development Regulations May 2013 JB Resolution No. 13-22) 164 F. Office -showroom G. Sports centers H. Recreation facilities I. Repair and service J. Gas stations K. Car washes (if an economic development can be demonstrated) L. Establishments serving liquor M. Grocery Stores O. Indoor entertainment, including movies and theaters 15.4.2 Permitted Office Uses The following office uses are permitted within the NC land use category: A. Professional B. Administrative C. Research, development & testing D. Medical office and clinic E. Executive office F. Colleges G. Training and instructional H. Financial Institutions Firestone Development Regulations May 2013 JB Resolution No. 13-22) 165 15.5 Residential-C The R-C land use category permits residential uses to occur. 15.5.1 Permitted Residential Uses The following residential uses are permitted within the R-C land use category: A. Single-family attached B. Multi -family C. Apartments and other rental properties 15.6 Residential-B The R-B land use category permits residential uses to occur. 15.6.1 Permitted Residential Uses The following residential uses are permitted within the R-B land use category: A. Single-family attached B. Single-family detached 15.7 Residential -A The R-A land use category permits residential uses to occur. 15.7.1 Permitted Residential Uses The following residential uses are permitted within the R-A land .use category: A. Single-family detached 15.8 Agriculture-B The AG-B land use category permits agricultural and associated uses. 15.8.1 Intent The AG-B land use category is intended to be used as: A. Agriculture, ranching or conservation Firestone Devetopment Regulations May 2013 (TB Resolution No. 13-22) 166 B. Intense agriculture uses, such as feed lots, turkey farms, etc. C. Undeveloped natural lands, except for minor buildings, roads and structures which are only accessory 15.8.2 Permitted Uses The following uses are permitted within the AG-B land use category: A. Single-family detached dwellings B. Ranching and Farming C. Greenbelts D. Trails E. Natural forest or range F. Equestrian paths G. Public, private and commercial equestrian centers 15.9 Agriculture -A The AG -A land use category permits agricultural and associated uses. 15.9.1 Intent The AG -A land use category is intended to be used as: A. Agriculture, ranching or conservation B. Not intense agriculture uses C. Undeveloped natural lands, except for minor buildings, roads and structures which are only accessory 15.9.2 Permitted Uses The following uses are permitted within the AG -A land use category: Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 167 A. Single-family detached dwellings B. Ranching and Farming C. Greenbelts D. Trails E. Natural forest or range F. Equestrian paths G. Public, private and commercial equestrian centers 15.10 Open Space The OS land use category permits both active and passive open space uses. 15.10.1 Intent The OS land use category is intended to be used as: A. Undeveloped natural lands not significantly designated for development of buildings. roads, or structures; or B. Undeveloped natural lands, except. for minor buildings, roads and structures which are only accessory; or C. Active recreation which is accessory to developed areas. D. Landscape enhancement of developed areas. 15.10.2 Permitted Uses The following uses are permitted within the OS land use category: A. Playgrounds B. Sport fields C. Greenbelts Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 168 D. Trails E. Natural forest or range F. Golf courses G. Equestrian paths H. Tennis courts I. Botanical gardens J. Nature centers K. Public and private recreation centers L. Parks M. Public, private and commercial equestrian centers 15.11 Conservation The CN land use category permits passive open space uses; with limited active open space uses. 15.11.1 Intent The CN land use category is intended to be used as: A. Undeveloped natural lands not significantly designated for development of buildings, roads, or structures. B. Undeveloped natural lands, except for minor buildings, roads and structures which are only accessory. C. Passive recreation which is accessory to developed areas. D. Landscape enhancement of developed areas. 15.11.2 Permitted Uses The following uses are permitted within the CN land use category: Firestone Development Regulations May 2013 JB Resolution No. 13-22) 169 A. Greenbelts B. Trails C. Natural forest or range D. Equestrian paths E. Botanical gardens F. Nature centers 15.12 Land Uses Permitted in All Land Use Categories The following uses are permitted within all land use categories. Some of the following uses may be subject to additional review or approval procedures: A. Child care facilities and private schools (Child care facilities and private schools are permitted in all the R land use categories provided that any one structure serves no more than 6 children or students.) B. All farming and ranching uses in the AG -A land use category, except as specifically prohibited. C. Religious churches, synagogues and temples. D. Public lands, buildings and streets, including: Fire stations, Police stations, Government & Special District Offices, Government & Special District Utilities, however, any such uses that are modified to a non-public may be subject to review or approval procedures pertaining to such use. E. Public or private utility facilities, including power generation. F. Solar Electric, Photovoltaic System or Solar Thermal System. 1. Solar Electric, Photovoltaic System or Solar Thermal System are permitted on residential or commercial rooftops provided the system does not exceed the maximum building height permitted. Firestone Development Regulations May 2013 JB Resolution No_ 13-22) 170 2. For any Solar Electric, Photovoltaic System or Solar Thermal System installed on a gable roof, the system may vary from the pitch of the roof to optimize solar exposure. 3. For commercial buildings and sites, solar collection areas other than the roof must be shown on the FDP, unless otherwise provided in the FDP. 4. Solar collection areas are prohibited in the front yard and side yard that abuts a public street on any single-family residential lot. G. Small Wind Electric System. 1. The height of the Small Wind Electric System cannot exceed the height of the main structure on the lot; 2. A maximum of one system per lot; 3. Is adequately screened as possible, 4. The system is not permitted in the front yard or side yard that abuts a public street; and 5. Is setback from all property lines a minimum of the height of the system. H. Temporary uses authorized pursuant to Section 6.12 of these Regulations. A Temporary Use Application form is shown as Exhibit Z. Family child care homes provided that the maximum number of children and the age limitations for children to whom care is provided do not exceed the limitations set forth in the State of Colorado regulations for family child care homes, as amended from time to time. 15.13 Accessory Land Uses The following accessory uses are permitted as described below. 15.13.1 Permitted Uses within EC Land Use Category Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 171 A. Places for the retail sales of goods and services provided such uses are enclosed in an industrial and/or office building. The total floor area for these retail uses shall not exceed 5% of the total building area. B. Temporary construction and sales offices C. Security guard residences D. Private use heliports E. Incineration (as an accessory use to a principal permitted manufacturing or processing use) subject to the regulations of the governmental entity having jurisdiction. 15.13.2 Permitted Uses within RC and NC Land Use Categories A. Temporary construction and sales offices B. Security guard residence 15.13.3 Permitted Uses within R Land Use Categories A. Accessory buildings are permitted with single-family homes only and they shall not be used for residential occupancy. B. Mini -structures are permitted only with single-family homes and they must be located in the rear yard. C. Show or model homes. D. For residential lots over 2 acres in size, private stables and barns for the keeping of bovine or equine animals (in approved R-A areas only). The minimum square footage of open lot area for any stable area shall be 9,000 square feet for the first animal and 6,000 square feet thereafter for each additional animal. The total maximum number of animals per individual stable or barn shall not exceed three. All such animals shall be kept in a fenced area. E. Home occupations. F. Temporary construction and sales offices, as approved by the Town Planner. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 172 G. Group homes for the developmentally disabled and aged (if specifically approved at the time of ODP). H. Greenhouses of less than 10% of the principal residential building. I. Security guard residence 15.13.4 Permitted Uses within AG, OS, or CN Land Use Categories A. Any structure that is incidental to public recreation B. Temporary construction offices C. Security guard residences D. Commercial stables 15.14 Land Uses Subject to Special Conditions Unless otherwise specified, the following uses are permitted in all land use categories, if they meet the special conditions specified in Section 18 and any permitting or approval requirements of the, United States, State of Colorado, Weld County or Town of Firestone, as appropriate: A. Borrow Pit B. Oil and Gas Production C. Reservoirs* D. Mining If reservoir construction involves the commercial operation and extraction of mineral deposits, then it shall be subject to all the standards related to mining. 15.15 Prohibited Land Uses The following uses are prohibited in all land use categories unless specifically approved by the Town Board: A. Outdoor boat sales. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 173 B. Major Truck Stops. C. Outdoor trailer sales. D. Outdoor automobile sales (new and used cars). E. Drive-in movie theaters. F. Animal rendering (permitted in AG-B). G. Cattle feed lots (permitted in AG-B). H. Storage of hazardous materials outside of a bunker or structure, or which is in violation of Colorado or Federal standards, or which extends for more than 30 consecutive days (unless such storage is fully permitted and approved at the time of ODP, PDP or FDP). I. Incineration, except as an accessory use to a manufacturing or processing. J. Outdoor storage of salvage materials or inoperable vehicles. K. Mobile homes and manufactured homes that do not meet the definition thereof in section 17.08.270 of the Town Code. L. All other uses not expressly permitted herein (unless otherwise approved at the time of ODP, PDP or FDP). M. Mini -storage. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 174 16.0 Development Standards The development standards outlined in this section specifically regulate the intensity of any permitted land use in a PUD. Variations to these standards may be approved by the Town Board if justified through the PUD process. If such variations are so approved they need to be specifically stated in the FDP. 16.1 Density The following sections describe the development standards relative to residential and non-residential density. 16.1.1 Minimum and Maximum Dwelling Units The minimum and maximum residential dwelling unit gross density shall be as follows: A. R-A = 0-2.3 dwelling unit per acre; minimum lot size to be specified in ODP B. R-B = 2.4-4 dwelling units per 1 acre; minimum lot size to be specified in ODP C. R-C = 4.1-30 dwelling units per 1 acre. D. AG -A or AG-B = 1 dwelling units per 35 acres The gross maximum number of permitted residential dwelling units for any land use category is calculated by multiplying the maximum residential dwelling unit density per acre, as shown above, times the gross acreage. However, the maximum number of permitted dwelling units is ultimately determined by the Town Board at the time of an approval of a Final Development Plan. Additionally, the maximum dwelling units may be further limited by the permitted minimum lot size, which shall control over the maximum number of dwelling units or gross density, and by the application of other development standards, criteria and constraints. 16.1.2 Maximum Building and Structure Height Maximum Building Height The maximum permitted building heights for each land use category shall be as specified below: Firestone Development Regulations May 2013 JB Resolution No. 13-22) 175 Maximum Building Height Land Use category Maximum Building Height (Feet) RC........................................................50 NC........................................................35 EC....................................................... 35* R...........................................................35 AG, OS and CN....................................35 All land use categories ........................... * Freestanding Garages in R ..................25 Maximum Structure Height The following table identifies maximum structure heights for each land use category. Maximum Structure Height Maximum Type of Structure Land Use Category Structure Height (Feet) Fences .... EC, RC and AG-B Fences .............................. NC, R, AG -A, OS, and CN .............. 6* Ground Mounted Communication Structures All ................................................... ** ' See Sections on Fences ** As may be approved by the Town at the time of FDP 16.1.3 Minimum Building Setback The minimum building and structure setbacks from right-of-ways are shown in the two tables below. The more restrictive setback between the two tables shall control: Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 176 Minimum Building Setback from Rights -of -Way Minimum Building Setback Distance (feet) Setback From Right -of -Way Boundary Line 50..............................................1-25* 45 .............................................. Arterial Roadway * See Table 1 Minimum Non -Residential Building Setback from Lot Lines Minimum Building Setback Distance (feet) Setback From Right -of -Way Boundary Line 20**............................................. Front lot line 10**............................................. Side lot line 20**............................................. Rear lot line ** Unless otherwise approved at the time of Final Development Plan, The following guidelines shall apply to the placement of single-family, detached areas: A. Structures shall have the garage setback a minimum of 20-feet from the right-of-way. B. Side yards shall be a minimum of 7-feet from the lot line. C. Rear yards shall be a minimum of 20-feet with no obstruction of easements. D. Swimming pools shall be setback a minimum of 5-feet from all property lines, and shall not be counted in calculating lot coverage. Firestone Development Regulations May 2013 (TB Resolution No. U-22) 177 Setbacks for other residential uses shall be determined at the time of FDP. There shall be a 100-foot building separation between residential buildings and non-residential buildings. 16.1.4 Minimum Landscape Borders The following table specifies the minimum landscape border for any lot. Landscape borders along roadways shall be along the right-of-way line unless an alternate, more desirable or functional location is approved by the Town Planner. Minimum Landscape Borders Minimum Landscape Border Width From (right-of-way) 30...............................................................1-25 20...............................................................Arterial Roadway 20............................................................... Minor Arterial Roadway 20............................................................... Collector Roadway 12............................................................... Building Wall* If a driveway, walkway or service area is adjacent to the building wall, then the landscape border area requirement shall be added to the buffer area or parking lot landscaping requirements. Notwithstanding the above, a minimum of 20 percent of each lot or center shall be landscaped, unless otherwise approved at the time of FDP. 16.1.5 Minimum Building Lot Size The minimum building or commercial center lot size (excluding commercial areas developed as centers) for non-residential uses associated with the EC, RC, and NC, land use categories is shown in the Table below. Minimum Building Lot Size Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 178 Minimum Building or Center Lot Size (Acres) Location 2...........................................................Within 500-feet of 1-25 1 ...........................................................All Other Areas 16.1.6 Minimum Building Coverage The minimum building coverage for non-residential uses associated with the EC land use category is 2,000 (two thousand) square feet. Modifications to this requirement may be approved by the Town Board to accommodate small accessory structures or certain fast food restaurants. 16.1.7 Maximum Building Coverage The maximum building coverage for non-residential uses associated with the EC, RC and NC, land use categories are shown below. Maximum Building Coverage Building Coverage ("Footprint") (gross square feet) Maximum Building Coverage < 200,000................................ ......................... 40% 200,000-300,000............................................... 35% > 300,000.......................................................... 30% The maximum building coverage for uses associated with the AG land use category is 5%, except for equestrian centers which shall be 10%. The maximum building coverage for religious churches, synagogues and temples shall be 15%. 16.2 Outdoor Storage Outdoor storage, if permitted, shall be approved at the time of FDP. If approved, all outdoor storage areas must be: Firestone Development Regulations May 2013 JB Resolution No. 13-22) 179 A. Screened from the sight of properties and roadways. B. Shall not exceed 15-feet in vertical height unless totally screened by a building from adjoining roadways. C. Outdoor storage areas shall be permitted in AG land use categories only for the storage of agricultural equipment. D. All dumpsters shall be screened from adjoining roadways or neighboring properties. Dumpsters in residential areas shall be enclosed by a fence or wall. 16.3 Architecture The following architectural standards shall be adhered to for all development. 16.4 General Standards A. The exterior surface of all buildings shall have a textured surface. Exposed untextured concrete or concrete block are prohibited. B. "Four-sided" architectural design shall be incorporated in all cases, so that there is a specific design intent for each side of the building. Home elevations on open space, local streets or arterial roadways shall comprise a minimum of 30% rock or brick. 16.4.1 Residential Standards The following are applicable to all single-family residential development. A. Exterior materials for all residential buildings shall only be constructed of wood, rock, brick, stucco, textured concrete or natural appearing siding. B. A minimum of eighty five percent of the exterior color treatment for all buildings, excluding single family residential, shall be muted C. For any new subdivision filing, all single-family dwellings developed shall have two car garages. D. Eighty-five percent of the exterior color treatment for all residential dwellings and accessory uses shall be muted (excluding glass treatment), unless otherwise approved by the board based on the unique architectural design of the home. Firestone Development Regulations May 2013 (TB Resolution No_ 13-22) 180 E. All dwelling roofs shall have the following minimum characteristics: 1. A minimum of six roof planes per building, to add articulation. For the purposes of this section, portions of roofs less than 10% of the total plan view roof area shall not constitute a "roof plane". 2. A pitch of not less than four inches in twelve inches. 3. Eighty percent of all eves shall protrude from the exterior wall (not including the width of any gutter) no less than sixteen inches. This minimum overhang shall apply to all roofs, irrespective of pitch. F. All dwellings shall be constructed on a permanent concrete foundation which foundation shall have the following minimum characteristics: 1. It shall be constructed to be below estimated frost depth. 2. The foundation shall be located directly below not less than ninety percent of the outside perimeter of the first floor building wall. 3. The foundation shall be, at a minimum, eight inches in thickness. G. All sloped roofs shall be covered with a muted, earth -tone color roofing material, unless otherwise approved by the board based on the unique architectural design of the home. 16.4.2 Non -Residential Standards The following are applicable to all non-residential development. A. Exterior materials for all non-residential buildings shall be constructed of wood, rock, brick, textured concrete and/or architecturally styled metal. The majority of exterior wall surfaces shall be natural materials such as exposed aggregate concrete, brick, natural stone, stucco and natural woods, except in the case of architecturally styled metal. B. All metal buildings, if deemed appropriate for the development, shall conform to standard architectural detailing of non-metal buildings, such as parapet walls and Firestone Development Regulations May 2013 JB Resolution No. 13-22) 181 the use of texture. Metal buildings shall be treated with more than 50% natural material on the building sides that front roadways. 16.4.3 Residential Garages and Accessory Buildings A. Only one accessory building, not including a freestanding garage, is permitted per lot and shall be set back at least five feet from any property line. Accessory buildings are not permitted in the front yards, side yards that face a public street, within utility easements or within oil and gas well setbacks. Accessory buildings shall be of a similar color as the primary building, may not exceed a height of twelve feet and shall not exceed two hundred square feet of floor area. Construction materials shall be similar to the primary building, and must be constructed of durable, low maintenance materials, architecturally compatible and integrated with existing buildings and structures except that premanufactured metal or plastic accessory buildings are permitted. Accessory buildings and facilities are to be screened, to the extent possible, from public streets and sidewalks, either by screening, landscaping, location or other techniques deemed sufficient. Drainage from the roof of the shed shall not be permitted to run off onto the property of another nor shall it run off into the foundation of the main structure. B. Only one freestanding garage is permitted per lot or dwelling unit and shall be subject to the same front and side yard setback requirements as the main building. A freestanding garage shall be set back at least five feet from the rear property line. Freestanding garages shall be of a similar color and architectural style, and constructed of similar materials as the main building. For a PUD, freestanding garages are only permitted if shown on an approved FDP and constructed pursuant to standards specified in the FDP. 16.4.4 Finish Floor Elevations Finish Floor Elevations shall not exceed 2-feet in vertical height over the approved minimum Finish Floor Elevation. 16.5 Fences The following standards shall be adhered to for all fences and divisional structures. If there is a conflict between this section and the Town Code, the Town Code shall control. 16.5.1 Design Final fence design details may vary from the standards in this Section; however, they must be in conformance with the fencing plan for the development as approved on the Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 182 FDP. It is the intent of this document to limit fencing wherever possible and appropriate in general and specifically limit chain link, barbed wire, electrified fences, metal stake or wire fences to areas where such fencing shall not be highly visible or distracting to a "campus" style environment (for non-residential areas). In all cases, fences along narrow pedestrian walkways shall be split -rail or other open style. 16.5.2 Materials Chain link, barbed wire, electrified fences, metal stake or wire fences shall not be allowed in EC, RC, NC or R land use categories, except for the containment of horses in the R-A land use category or as follows. If approved, chain link or chain link with a maximum of 4 strands of barbed wire may be allowed only in the EC, RC and AG-B land use categories. Such fences shall generally be prohibited within 50-feet from any roadway right-of-way. Barbed wire fences may be permitted in conjunction with ranching uses. Unless otherwise approved, vinyl fencing is the typical material that shall be used. 16.5.3 Height No fence, divisional wall, or retaining wall structures shall exceed 8-feet (6-feet for R land use categories) in height, unless one of the following applies: A. A taller structure is permitted in other sections of this document. B. A taller retaining wall has been determined necessary by the Engineer. 16.5.4 Length Long, continuous "straight" fences should incorporate variations in order to avoid monotonous visual planes. 16.5.5 Location In the EC, RC and NC land use categories a security fence may be placed adjacent to a parking area or an open storage area. Other than split rail, no fence shall be permitted in the front yard of single-family residential areas. 16.5.6 Construction Responsibility For single-family developments, all fencing shall be installed by the developer. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 183 16.5.7 Exempt Fences The following fence types shall be exempt from the fence height limitations: public tennis courts, baseball fields, and other similar public recreation uses. 16.6 Mechanical Equipment All rooftop or other mechanical equipment including electronic equipment, all types of vents and all public utilities on all non-residential buildings, shall be completely screened or camouflaged, unless otherwise provided in the approved FDP. 16.7 Signage All signs shall be controlled by the Firestone Sign Code, unless otherwise provided in the approved ODP or FDP. Notwithstanding the foregoing, Homeowners Association (HOA) signs and banners are permitted subject to the following: 1. Signs and banners shall be informational only and generally provide information to the residents of the HOA community about upcoming HOA meetings or events organized by the HOA. 2. Signs and banners may be located only on HOA-owned property or HOA-owned improvements within the community. 3. No such signs or banners shall be placed on public property or placed in a public right-of-way. 4. No such sign or banner shall be attached to any utility pole, utility box or other public facility located within a median area which separates vehicular traffic lanes, or otherwise placed in a manner that creates a hazard for automobiles or pedestrian traffic. 16.8 Off-street Parking Requirements All off-street parking shall meet the following provisions and meet any additional standards of the Town, as appropriate: A. No parking shall be permitted at any other place than in the paved parking spaces provided. On -street parking shall be prohibited, except as approved for R land use categories. B. Required off-street parking shall be provided by each lessee, owner, or tenant for employees, customers and visitors for the uses appropriate to that use and area. The specific amount required shall at the time of FDP. Such amount shall not exceed the requirements for similar zone districts and should be determined in relation to the operational characteristics of the use, including the number of employees. Firestone Development Regulations May 2013 (TB Resolution No_ 13-22) 184 C. All required spaces are to be on the same property as the specific use, with the exception of mutually compatible shared uses, as approved at the time of the FDP. D. Generally, the minimum number of off-street parking spaces shall be as follows, as further defined at the time of FDP: 1. R-A, two off street spaces for each dwelling unit; 2. R-B, two off street spaces for each dwelling unit; 3. R-C, two and one -quarter off-street space for each dwelling unit; 4. Churches, hospitals, offices, etc., one space for every one hundred square feet of floor space. 5. Handicapped spaces shall be provided as required by applicable federal law, including the Americans with Disabilities Act. E. All off-street parking, access drives, and loading areas shall have an approved edge treatment around the entire perimeter, and shall be paved and properly graded to assure proper drainage. F. All curb cuts and driveway access locations are to be approved for both size and location by the Engineer. G. All landscaped areas within parking lots shall be the maintained by the property owner or designated association. H. No motor vehicle may be parked in the front yard or side yard of a residential lot except as specified in the Town Code. For fireworks stands located in parking lots, the limitations on parking lot coverage set forth in Section 9.16.070.E.8.i of the Firestone Municipal Code shall apply. The use of vehicles, motorized or non -motorized, such as trucks, trailers, and semi - tractors and trailers, for storage or warehouse purposes, is prohibited for periods of Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 185 more than 24 hours, unless within an approved storage area identified on the approved FDP. The only permitted exceptions to this provision shall be vehicles used on construction sites. All off-street parking spaces and access drives shall be improved with an asphalt, concrete or equivalent surface (except AG, 4S or CN, as approved) and shall be graded and drained in order to dispose of all surface water accumulation within the parking area. A concrete drain pan (or storm sewer) should be used to carry accumulated water runoff and must be used in publicly maintained areas such as alleys. All loading dock areas shall be placed out of sight, so as not to be viewed directly from an arterial, highway or freeway or from residentially zoned property. If the sight distance to the loading area from such roadway or the residential area is greater than 1,000-feet this standard may be waived. All parking areas shall be landscaped as described herein. 16.9 Circulation All circulation systems shall meet the following provisions: 16.9.1 Transportation Planning Standards The following transportation planning and vehicular access standards shall be adhered to in the development of vehicular circulation systems. A. Vehicular access to other streets from off-street parking and service areas shall be combined, limited, located, designed and controlled to channel traffic to and from such areas conveniently and safely in a manner which minimizes marginal traffic conflicts and promotes free traffic movement on streets without excessive interruptions. B. Principal vehicular access points shall be designed to permit smooth traffic movement with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. C. All private roadway construction plans shall be approved by the traffic engineer. Where access for fire protection is required, a minimum of twenty (20) feet is required for the drive lane. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 186 D. The maximum length of a cul-de-sac is 550-feet from centerline of roadway to centerline of the cul-de-sac. The length of a cul-de-sac shall comply with the Uniform Fire Code as adopted by the Town. E. In residential areas, cul-de-sacs shall be a minimum of 40-feet at the right-of- way line and 50-feet for homes with 3-car garages. F. Sidewalks along local streets shall have a minimum of 4.5 feet of flat sidewalk width. G. Roadways shall intersect one another at right angles or as nearly at right angles as topography and other limiting factors permit. H. The open view of all parking areas shall be reduced by berming and landscaping. 16.10 Typical Roadway Sections All typical right -of way sections shall meet the requirements as described in the Town of Firestone Design Criteria and Construction Specifications Manual and as shown below: Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 187 RURAL (BY SPECIAL APPROVAL ONLY) WPIOW i s 4 _ .,.,...� 4 3X Et?A-EQA RURAL STREETS SHALL ONLY HE APPROVED tRMCR THE MLOr*VWG CONWOONS: I. W VEHICLE TRCOUNT IS LESS TNM I SO TRIPS PER DAY: - 2. STREET IS-174TERNAL TO THE SUBJECT PROPERTY MD VALL NOT STAVE ATIY OTHER PROPERTY; I SUBJECT PROPERTY IS LOCATED ON THE FRNGF OF THE TO"M QK LYTH +PER 4. LOTS IV; 1 E SUBJECT PROPERTY ARE A IMMMUN OF 1A Ac, IN SIZE: 6. ORrMvMY ►ENGTHS VdU ACCOMUODJ1n NO ONSTRET_T PARKING: 6, CENTERL WE PROFILE $LOPE$ SHALL NOT FXCEED4,0%: 7, ROADSIDE OITCH SW,L OONVEYFWNDFF FROM THE 2-yr SSORIA AT 2.0 FPS OR GREATER VELOCITY S, ARRA4GE7AEFTTS FOR J1ZUTER4NCE OF THE'ROADSIDE DITCH ARE AurPTASLE TO THE Toww OL APPLWANT CAN SHOW PECIESTRIAN TRAFFIC WALL BE ACCOL W ODATEO: 70.OTHERCONDFTTDNS MAY BE REGIARED BY THE TOV-W % EN IN THE BEST IINMRESTS OF tHf P11ELIC. RURAL STREETS DETAIL ^~ STREET CONSTRUCTION SCAM NT.S FIRESTONE DRAWINGS DATE: JULY 2008 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 188 RESIDENTIAL (NO ON -STREET PARKING) g-.. ---- --.. 46*R.O.W. 1 O17 RESIDENTIAL (WITH PARKING) sr R.ow .� g «- ,......,....,.,. 7a loot --- -- —.'� g• i RESIDENTIAL STREETS DETAIL STREET CONSTRUCTION r•IREiSTONV DRAWINGS �� N'T5 DATE: JULY 2008 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 189 COLLECTOR (WITH ON STREET PARKING) 6$ R,O I �--- — Ur g _ T T 71• _ t1 JY 3.5 COLLECTOR (WITH NO ON STREET PARKING) ---- -- -^ Gfi RAW 137 COLLECTOR STREETS DETAIL STREET CONSTRUCTION SCAM KTS FIRESTONF: DRAWINGS •cwrwvrra+wrwa DATE jULY2008 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 190 ARTERIAL (WITH NO BIKE LANES) 14, / Y i 1 ti xe Ir ----'— 7VFL*L ARTERIAL (WITH BIKE LANES) 1! IOW R o.w. I J J ilt Y F 11, 7 11' _ 17 .. 70' FGFL . ARTERIAL STREETS DETAIL STREET CONSTRUCTION SUILE N.tS FERESTONr•._ -- DRAWINGS �..,...,., DATE: JULY2008 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 191 h H1tlN.3015 iv E7PEw�rss,�nn .V a WAianvai M f awn 13AVHI I.Y11 iaWdl H a NVIGIRU 3w HYltil vm lmyka i %trrn i3R'itl! a' fa�i�rv�,nrrvi �+ Hxwan�s �° h MAJOR ARTERIAL STREETS DETAIL STREET CONSTRUCTION FIRESTONE DPAWINGS SCALE: N.TS .cw.s.,.Y...ron.. DATE JULY2008 Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 192 16.11 Non -motorized Circulation The following general non -motorized circulation planning guidelines shall govern development of non -motorized circulation systems within the Firestone Urban Growth Area: A. Access for non -motorized vehicles shall be arranged to provide safe, convenient routes, and need not be limited to the vehicular access points. . B. When non -motorized vehicle access points do not occur at street intersections, they shall be marked and controlled. C. Bicycle and/or equestrian paths, if provided and practical, shall be related to the pedestrian way system so that street crossings are combined. D. Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units and to all project facilities and off -site destinations likely to attract substantial pedestrian traffic. E. Walkways to be used by substantial numbers of children as play areas or routes to principal destinations shall be located and safeguarded to minimize contacts with normal automobile traffic. F. Walkways in urban areas shall be developed in the following hierarchy based on anticipated use: 10-foot concrete, 8-foot concrete or 6-foot concrete. For very short distances a 4-foot concrete walkway is acceptable. Andisite surface is acceptable along non -urbanized areas provided it meets ADA requirements. G. Major developments should have a continuous trail plan within the property and connecting to external properties and other identified trail corridors. H. All walkways shall meet ADA requirements. 16.12 Landscaping The following standards shall be adhered to for all landscaping in the PUD area. In no event may landscaping improvements be installed in any vacant lot unless it has been identified in the approved FDP regardless of the land use category. In all residential land use categories, no landscaping improvements may be installed prior to the primary building permit issuance. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 193 16.12.1 Design All landscaped areas, except those to be left in a natural condition, shall be developed only in accordance with a plan submitted and approved. If an area is intended to be left in a natural landscaped condition, an irrigation system must be installed to enhance the growing season of the area and an irrigation plan for that area must be submitted and approved. All areas having grass or ground cover shall be irrigated. Any native grasses or ornamental grasses are subject to height provisions as approved by the Town Planner. The maximum height of native grasses in approved open space areas shall not exceed 18 inches. 16.12.2 Materials Landscape construction and plant materials shall be as approved by the Town Planner. In an effort to conserve water, xeriscape plant materials and horticultural techniques may be used, if appropriate for the unique semi -arid climate of the Firestone area. Typical standard plant material tree size shall be 2-inch caliper (as measured 4-feet off the ground). Typical standard for shrub planting shall be 5-gallon. 16.12.3 Irrigation The following irrigation design standards shall control, as appropriate: A. Design precautions shall be taken to minimize direct overspray from sprinklers onto wood, brick or other fences that are easily stained by such spray. B. Irrigation of plant material located within landscaped medians shall be of a drip or a low volume sprinkler type to avoid nuisance water on roadways that often occurs when higher volume sprinkler heads are used. If for some reason drip or a low volume sprinkler type is not practical to construct then numerous short duration water cycles should be specified to allowing enough time between cycles for water percolation, reducing runoff from quickly saturated soil. C. Each irrigation system for a private residential lot or commercial landscape area shall include an automatic electromechanical interrupt which engages to interrupt the irrigation system during a rainfall event. Such device shall be a Hunter model Rain-Clik or similar device approved by the department of public works. The installation of such device shall be a condition of the issuance of the tap serving the irrigation system, and installation shall be completed prior to commencing use of the tap. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 194 D. Each irrigation system for a public or private park or open space area shall include an automatic electromechanical interrupt which engages to interrupt the irrigation system during a rainfall event or during wind speeds in excess of 10 mph. Such device shall be a Hunter model Rain- Clik or similar device approved by the department of public works. The installation of such device shall be a condition of the issuance of the tap serving the irrigation system, and installation shall be completed prior to commencing use of the tap. 16.12.4 Roadway Right -of -Ways Detailed landscaped plans for roadway right-of-way landscaping shall be submitted with roadway improvement plans and approved. It is intended that the landscaping indicated on the typical roadway sections shall be continuous, with the reasonable spacing of landscape materials as approved by the Town Planner. All disturbed areas associated with road construction will be revegetated with plant material of similar character and intensity as the adjacent undisturbed areas. 16.12.5 Sales Trailers All sales trailers shall have an approved landscape plan. 16.12.6 Construction Trailers All construction trailers shall have an approved site plan approved by the Town Planner. 16.12.7 Landscape Border Areas and Minimum Building Setback Areas All landscape border areas, with the exception of driveways, sidewalks and other walkways shall be used exclusively for the planting and growing of trees, shrubs, lawns, and other ground covering or approved material. However, eaves, architectural projections, fireplaces, sidewalks, and patios will be allowed within these border areas, pursuant to Uniform Fire Code specifications. 16.12.8 Single Family Residential Landscape Standards The following are specific landscaping .standards for single-family residential development. A. Shrubs and ground cover plantings shall comprise no less than ten percent of the landscaped area of the front yard. This requirement may be waived or reduced by the Town Board if it determines that such a requirement would be inappropriate because of the size of the lots, for potable water conservation reasons, or as shown on an approved FDP. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 195 B. For any new subdivision filing, there shall be a minimum of one tree of 2-inch caliper for each dwelling planted within the front yard of the dwelling. This requirement may be waived or reduced by the Town Board if it determines that such a requirement would be inappropriate based on the submitted landscape theme, for potable water conservation reasons, or as specified in an approved FDP. C. For any new subdivision filing, as developed, front lawn areas shall be installed as seed or sod in the front yard. Sod must be installed prior to the Town issuing a certificate of occupancy, and if seed is used rather than sod, then the seed must be significantly established prior to the Town issuing a certificate of occupancy. However, a certificate of occupancy may be issued by the Town prior to the seed being significantly established if an automatic sprinkler system has been installed with an electronic timer. Further, if weather conditions do not allow for installation of sod or the significant establishment of seed at the time a certificate of occupancy could otherwise be issued, then the Town Planner or the building official may grant an extension, not to exceed one hundred eighty days, for the sod to be installed or seed to be significantly established. These requirements may be waived or reduced by the Town Board if it determines that such a requirement would be inappropriate based on relevant considerations including, but not limited to, the size of the lots or potable water conservation reasons. D. All front and rear yards of single-family residential developments shall be irrigated and seeded with bluegrass turf seed. E. Landscape improvements shall not commence on any lot prior to actual construction of the residential unit unless approved, in writing by the Town Planner. 16.12.9 Open Storage and Parking Lot Screening The open view of all parking areas shall be reduced by berming and landscaping. 16.12.10 Parking Lots There shall be an internal landscape minimum of seven percent (7%) of landscaping within all parking lot areas. "Parking lots" do not include adjoining areas. The required landscape area shall be distributed throughout the parking lot in order to prevent large Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 196 expanses of unbroken parking lot pavement. Plant materials in parking lots shall be irrigated. 16.13 Park Land Dedication A minimum of ten percent (10%) of the total land being subdivided by a Final Plat shall be dedicated to the Town for park or public space development. This property may also be used for shallow detention ponds, if approved by the Town. The Town at its option may accept cash -in -lieu rather than land dedication. The Town may typically accept cash -in -lieu payments (or partial payments) for larger retail commercial projects, where "neighborhood parks" are not typically needed. 16.14 Park and Trails Development Park locations should generally be centrally located within development area or be located to enhance adjoining park areas. Trials should generally be provided in all developments to provide for pedestrian circulation and connections to park and open space areas. For any development where it is determined that a neighborhood (or smaller) park is required, then it shall be the responsibility of the developer to submit a landscape design for such area at time of PDP and FDP processing. The developer then shall construct the park pursuant to that plan. The Town's typical park details are shown in Exhibit Y. These details need to be incorporated into such design unless otherwise approved during the FDP process. The developer also needs to provide all necessary raw water rights for any park or irrigated open area shown on the FDP. 16.15 Utilities All electrical utility lines shall be placed underground, except as follows: A. All facilities reasonably necessary to connect underground facilities to existing or permitted overhead or over -ground facilities, including, transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities. B. Street lighting facilities may be placed above ground within the utility easement provided, or within the street or other public place as appropriate. C. In extreme physical conditions such as shallow bedrock and extreme slopes. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 197 D. All uses will be served by public water and sewer service. However, in portions of the R-A land _use category, individual septics may be allowed in limited areas, if approved at the time of Final Development Plan and by the appropriate Sanitation District. Such approval shall only apply to residential lots that are 2 acres or greater in size. 16.15.1 Traffic Control Devices Traffic signals shall be supported by mast arm or bridge structures only; span wire support systems are not permitted. 16.15.2 Street and Parking Lot Lighting Street and parking lot lighting shall be downcast to reduce side glare. Street lighting shall be consistent with the Town's adopted criteria. Residential address signs should be clearly visible at night. 16.15.3 Grading and Building Siting Grading within the Firestone Urban Growth Area shall be as follows: A. Whenever possible graded areas shall be kept to a minimum to reduce impacts on the surrounding environment. B. Whenever possible architectural solutions shall be implemented to reduce grading impacts C. Necessary grading shall result in curved and undulating contours, to create a rolling, natural appearance. Sharp or squared contours will be minimized. D. Grading within natural drainage areas shall receive special consideration. Typically, the only grading in natural drainage areas will be for drainage detention facilities, active open space uses and for roadways. E. Once graded, areas shall be revegetated within one year, based on a landscape plan approved at the time of Final Development Plan. F. Significant rock outcrops, shall be designated at the time of zoning or Final Development Plan as an area that will not be disturbed. 16.16 Floodplains, Hazard Areas and the Natural Environment The following standards are applicable to all land use categories as appropriate: Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 198 16.16.1 Floodplains 100-year floodplains will only be used for open space or other approved purposes. 16.16.2 Wildfire Areas No structures will be allowed in a wildfire hazard area (as defined by the State Forest Service, excluding grass lands) unless a hazard mitigation plan, reviewed by the State Forest Service, has been approved. 16.16.3 Geologic Hazards and Features No structures will be allowed in a geologic hazard area unless a mitigation plan has been approved. 16.16.4 Wildlife and Biology Wildlife movement corridors or areas of significant biological activity shall be identified. Any approved development plan shall provide provisions to protect these areas or ensure that any significant adverse impacts are mitigated. 16.16.5 Aquifer Recharge Zones Any area providing groundwater recharge to bedrock aquifers shall be identified. The total amount of recharge, naturally occurring, shall be maintained. 16.17 Residential Architectural and Site Planning Standards In addition to the overall standards noted in Section 16.0, the following standards and guidelines shall apply or be addressed relative to residential development in Firestone. 16.18 Single and Multi -Family Developments A. Single-family residential dwelling units shall have their driveways access the local street to which the building fronts. B. For portions of developments that front on arterial roadways, the adjoining single- family lots shall typically be one-half acre or larger in size. 16.19 Residential Architectural and Site Planning Guidelines In addition to the overall standards noted in Section 16.0, the following standards and guidelines shall apply or be addressed relative to residential development in Firestone. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 199 16.19.1 Single and Multi -Family Developments A. Residential developments should exhibit a strong sense of "community" in their development theme. B. Open areas should be strategically placed within the development to provide ease of access to all local residents. C. In addition to required neighborhood parks, internal common open areas should include such items as tot lots, sand volleyball courts, and shelters. D. For larger developments, a community swimming pool and clubhouse should be considered. E. Whenever possible, expand the use of natural appearing materials such as rock and brick over the minimums required. F. Necessary trash containers and utility devices, such as air condition units, should be screened or camouflaged. Consider plant material for screening. G. Consider wind direction in the location of mailbox facilities. Mailbox facilities should be covered if reasonably possible. H. On paved walkways, consider using red accent paint to highlight changes in elevation (e.g. steps), as appropriate. I. Wrought iron is an architectural feature that can add texture to a development. J. Consider a unique color for roofs as an architectural enhancement. K. Covered project entries can add a unique appeal to a development. L. Staggered fronts of homes on straight streets to avoid a "row" look. M. Consider arching the top of windows or other architectural features to "break up" the "square look" of the windows and associated architecture. Windows with paned sections (even if they are "fake" panes) also help in this respect. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 200 N. Each dwelling unit must have the applicable minimum lot area. For PUD districts, such minimum lot area must be as specified in the approved FDP. 16.19.2 Single Family Developments A. Carefully consider the location of walkout units to avoid the problem of a "wall effect" of the 3-story elevations. B. On corner lots, the yard on all street frontages must meet minimum standards for front yards in the pertinent zone. For PUD districts, such minimum lot area must be as specified in the approved FDP. C. All residential dwellings shall be oriented on the lot such that a side with a length that is at least eighty percent the length of the longest side of the .dwelling predominately faces the local street providing access to the lot. The length of any side does include the length of any attached garage. In all cases the front door of the dwelling shall be located in the closest portion of the dwelling that predominately faces the local street. For corner lots, this provision only applies to the local street providing direct driveway access. These requirements may be waived or modified with respect to land -leased manufactured housing developments within a PUD district, provided such waiver or modification is warranted by virtue of innovative design and amenities incorporated in the development plan. 16.19.3 Multi -Family Developments A. Private drives should be wide enough to accommodate traffic; however, they should be narrow enough to discourage speeding. Center drainage pans can work well to assist in traffic speed because of the somewhat uneven travel surface they create. Designing such drives in a curvilinear fashion should also help to discourage speeding. B. Provide looped private drives when appropriate. C. Adequate parking must be provided. Specifically, account for additional "event" traffic for groups of individual residents. D. "Break-up" the visual impacts of large expanses of paved areas with landscaping and trees. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 201 E. Where appropriate, multiple wall planes should be used to assist in reducing the visual impact of larger buildings. F. Consider wind direction in the location of trash enclosures and use similar or complementary colors and materials as the primary building(s). G. Two stories should be the maximum building height, unless setbacks are significantly expanded to accommodate for the scale of taller and larger buildings. H. The use of storage lockers next to garage complexes can be a useful way to accommodate the need for additional storage for residents. 16.20 Minimum Design Standards Utilizing Crime Prevention Through Environmental Design In addition to the overall standards noted in Section 16.0, the following standards and guidelines shall apply or be addressed relative to development in Firestone. 16.20.1 Multi -Family Developments: A. Private spaces such as courtyards, stairwells and parking bays should be clearly identified to reduce use by undesirable users. Strategies may include the use of pavers, varied textured paths, fencing; landscaping and others. B. Accommodation units should be designed to allow people within the units to observe and monitor communal areas within the development. C. Areas requiring lighting should include driveways, property entrances, parking areas, footpaths, communal service areas, lobbies and stairwells. Lighting should be illuminating in hours of darkness or should be sensorlmovement sensitive. Lighting shall be in accordance to Firestone's lighting standards. D. Parking lots 1. Visitor parking should be designated 2. Parking areas should be visible from windows and doors. E. Addressing for individual units: Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 202 1. Each building entrance (front and back side) shall display apartment numbers no smaller than three inches in height that will be visible from the parking lot. The display will need to be well lit for night- time viewing. If one side of the building faces a green belt, than only the side that is accessible needs to have signage. 2. Individual units shall display address numbers no smaller than 2 inches in height. F. Fencing 1. Wrought iron or open lattice vinyl fencing material shall be used along the property line. Cedar fencing is prohibited. G. Exterior doors 1. 180 Degree peepholes 2. Two inch screws on striker plate 3. Deadbolts with 1112 inch throw 4. Additional locking devices on all first level sliding glass doors. Examples of this would be a pinhole lock or a Charlie Bar lock. H. Trash Enclosures 1. Wrought iron or vinyl fencing material shall be used to enclose trash, material such as brick or building material other than cedar fencing may be used. 2. Trash enclosures should be locked during non -business hours. 16.20.2 Automobile Parking Facilities A. Landscaping/vegetation suitable to enhance safety while removing reasons for loitering. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 203 B. Paths between buildings and car parks should be well lit and obvious to ensure safe pedestrian access. C. Lighting utilized in car parks should be accordance with Firestone's lighting standards. D. Car parks should be sited to permit maximum opportunities for surveillance from both users of the current development and passers-by. E. Where possible, large car parks should be avoided except where good surveillance is possible. Where large car parks are unavoidable, remedial measures to avoid isolation and fear should be considered, such as, public telephones, surveillance equipment or security patrols etc. The planning of multiple smaller car parks is often preferable. F. Multi -level car parks should be designed to permit maximum natural surveillance, access control and illumination. A suggestion to accomplish this would be to utilize cable railing in place of concrete retaining walls. G. Good signage on paths between buildings and car parks to assist people to buildings and car parks. H. When possible, parking spaces should be designated to identify employee's verses visitors. 16.20.3 Commercial Property A. Differentiate private areas from public spaces to discourage trespass by potential offenders. B. Toilet facilities should be sited in the most convenient and accessible location to increase use. C. Entrances into toilet facilities should be located so as to permit monitoring by intended users, such as reception desk staff, passing motorist etc. D. Entrances into toilet facilities should be designed as a maze entry rather than double doors. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 204 E. Addressing on individual buildings should be visible from the parking lot or street with numbers no smaller than 3 inches in height. The address should be well lit for nighttime viewing. F. Provide both front and rear vehicle access, when appropriate, to facilitate police patrol surveillance. G. Provide public telephones with dial free connections to emergency services at strategic locations to encourage/enable people to report crimes rapidly. H. Public telephones should be located away from the building and well lit to encourage natural surveillance from employees and customers. Large signs and other obstructions should be removed from storefront windows to enhance surveillance. J. Provide tall and/or specially protected vandal resistant outdoor lighting fixtures. K. Wrought iron or open lattice vinyl fencing shall be used along property line and trash enclosures. Cedar fencing is not permitted. L. Landscaping suitable to enhance safety while removing reasons for loitering. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 205 17.0 Operational Standards The following is a collection of general standards that are applicable to all land use areas. 17.1 Intent It is the intent of this section to specifically state standards that prevent land or buildings subject to these Regulations from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable effect in a manner or amount which adversely impacts the surrounding area. 17.2 Vibration No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the lot line. 17.3 Air Pollution There shall not be discharged into the atmosphere any contaminant for which threshold limit values are listed for working atmosphere by the American Conference of Governmental Industrial Hygienists in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property shall at any time exceed the threshold limit. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited. 17.4 Materials Handling No person shall cause or permit any materials to be handled, transported, or stored in a manner which allows or may allow particulate matter to become airborne or liquid matter to drain onto or into the ground. 17.5 Odors Any condition or operation which results in the creation of odors or gaseous emissions of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped or so modified as to remove the odor. 17.6 Electromagnetic Radiation It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 206 velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes which does not comply with the then current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government owned plants, the regulations of the interdepartmental Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation. 17.7 Fire and Explosion In all non-residential areas in which the storage, use, or manufacture of blasting agents, combustible fibers, combustible liquids and compressed gas is permitted,. the requirements set forth in adopted building and Uniform Fire Codes must be met. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 207 18.0 Conditional Use Permits Conditional use permit processing shall be generally consistent with the submittal requirements and the review and approval procedures of a PDP and an FDP, and a PDP and an FDP for any such use shall be approved prior to commencement of such use. The PDP requirement shall be waived if the proposed special use is to be commenced within an existing structure for which structural alterations are not proposed. The Applicant shall provide any additional information that may be required by the Town Planner or the Town Engineer, including any items listed in Section 17.32.020 of the Town Code if not otherwise required by these regulations. This section particularly specifies standards for conditional uses such as borrow pits, oil and gas production, mining and reservoir construction. In addition to these standards, permits or approvals may be required by the County or Town or other governmental agencies and shall be obtained prior to engaging in any conditional use. All conditional uses shall conform to the development standards specified herein, unless otherwise noted. 18.1 Pre -Application Submittal Conference A pre -application submittal conference shall be held pursuant to Section 2.2 above. At this meeting Town Staff will further clarify the submittal requirements based on the type of conditional use requested. 18.2 Development Application A Development Application Form shall be submitted pursuant to Section 2.5 above. The Development Application has a signature block that notes the applicant has read pertinent sections of these Development Regulations. 18.3 Cost Agreement and Funds Deposit Agreement A Cost Agreement and Funds Deposit Agreement shall accompany the development application. These agreements are described in Section 2.4 and the standard format for these documents is shown in Exhibit G. 18.4 Vicinity Map A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-half mile. The map shall also show the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch by 11-inch sheet of paper. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 208 18.5 Title Commitment The Applicant shall submit a current Title Commitment for the Property, dated no later than one month prior to the final Town Board hearing date. The applicant shall provide endorsements updating the effective date as requested by the Town. 18.6 Tax Certificate The Applicant shall submit a current Weld County Tax Certificate for the Property. 18.7 Water Rights Questionnaire A Water Rights Questionnaire (Exhibit L) must accompany a development application. 18.8 Borrow Pit Except under the following instances, borrowing may not be done without obtaining a permit from the Town, as appropriate. A. Minor projects which have cuts or fills each of which is less than 5-feet in vertical depth at its deepest point measured from the existing ground surface, which include all of the following: a) less than 50 cubic yards of earth material; b) the removal of less than 10,000 square feet of vegetation. B. Minimum excavation required in connection with a building or other structure authorized by a valid building permit C. Grading work being done pursuant to an approved grading plan in conjunction with an approved recorded plat or overlot grading plan being done on the same property D. Trenching incidental to the construction and installation of approved underground pipeline, septic tank, disposal lines, electrical or communication facilities, and drilling or excavation for approved wells or fence posts E. Grading or excavation in accordance with plans incorporated in an approved mining permit, reclamation plan, or reservoir permit F. Maintenance and cleaning of ditches, lakes, ponds, and water storage reservoirs G. No processing, crushing, or similar treatment of earth material may occur on the borrow pit site. Firestone Development Regulations May 2013 JB Resolution No. 13-22) 209 18.9 Review Criteria The review and approval of a conditional use shall be based upon the conditions and standards for approval of an FDP, as provided in Section 17.22.080 of the Town Code, and the additional criteria set forth in Section 17.32.030 of the Town Code. 18.10 Mining Mining is a mechanism allowing for extraction of sand, gravel, and clay, including attendant operations such as crushing and stockpiling. Quarrying of hard rock aggregate is generally prohibited. Mining operations, crushing and stockpiling are allowed within any land use category, as approved. Mining equipment shall be considered mechanical equipment; however, it will not be subject to the screening or camouflaging requirements herein. It shall, however, be subject to the following requirements: A. All mining equipment and operations areas must be screened from the sight of adjacent properties or right-of-way by the use of berms or by other equivalent means. B. All Mining equipment shall be located behind building setback lines. C. Mining equipment shall not exceed 35-feet in vertical height unless totally screened. D. All access roads longer that 100-feet used for ingress and egress from the public roadway to the area of mining operations shall be paved to the standard for local roadways and shall be maintained to minimize fugitive dust generated by vehicles. E. Any required State Highway Access Permits shall be obtained prior to any mining operation. F. Any necessary traffic improvements, identified through any requirement of the Town or County (as appropriate) that is needed for safety and proper circulation shall be constructed. Mining activity traft will not lower the level of service of the public roadway providing access lower than level of service "B". G. All mining activities shall meet applicable air quality standards as set by the Colorado Air Quality Control Commission. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 210 H. Mining structures and equipment shall be prohibited in the same locations as is outdoor storage. All mining operations shall be at least 200-feet from the property line. I. No open pit mine shall be deeper than 200-feet. No reclaimed open pit mine shall be left deeper than 100-feet. J. Mining, processing, or transporting operations shall be within the time limits of 6:00 AM to 6:00 PM, except for Sunday when such activity shall be prohibited. Maintenance operations shall not be subject to this provision. K. The use of explosives is subject to all State and Federal standards and restricted to a maximum of five days per calendar year. L. Mining and all associated activities and uses must meet State of Colorado residential noise standards regarding noise pollution. M. All reclaimed slopes shall not exceed 3H:1 V. A diverse permanent vegetative cover shall be established on all disturbed areas to achieve erosion control equal to conditions prior to mining. The cover shall be predominantly of native species. N. Sediment caused by accelerated soil erosion shall be removed from runoff water before leaving the site. Runoff shall not be discharged from the site in quantities or at velocities above those occurring before mining. 18.11 Reservoir Construction Open mining operations, crushing and stockpiling are permitted within any land use category for the purpose of creating a reservoir. The standards specified for reservoir construction are the same as those for mining with the exception that there is no depth limitation and the finished grades will be the same as the standards specified by the State of Colorado for reservoirs. Any reservoir must be approved by the Town Engineer. 18.12 Oil and Gas Production Oil and gas development shall comply with Chapter 15.48 of the Town Code. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 211 19.0 Building Permit Process The following information generally describes the building permit process within the Town of Firestone. Please contact the Planning Coordinator for additional information. 19.1 Building Permit No building permit shall be issued on land within the Town until a FDP and Final Plat as applicable for the development or for any phase, lot, or tract of that development have been approved by the Town Board of Trustees and signed by the Mayor and recorded -in the office of the Weld County clerk and recorder. 19.2 Certificate of Occupancy The Building Official shall issue a Final Certificate of Occupancy for a completed building or structure located in an area covered by the approved or amended FDP or Final plat only if the completed building or structure conforms to the requirements of the approved or amended FDP and all other applicable codes, ordinances, regulations and agreements. Approval of any plan or other document by any Town official, which is in conflict with the approved or amended FDP, shall not constitute a waiver by the Town of any portion of the approved or amended FDP, nor shall the Town be stopped from enforcing any provision or requirement of the approved or amended FDP. Firestone Development Regulations May 2013 (TB Resolution No. 13-22) 212 RESOLUTION NO. L A RESOLUTION AMENDING THE 2013 BUDGET BY . INCREASING THE APPROPRIATIONS IN THE PARK FUND. WHEREAS, the Board of Trustees of the Town of Firestone on December 12, 2012 adopted a budget for the 2013 calendar year per Resolution 12-37, pursuant to and in accordance with the Local Government Budget Law; and WHEREAS, the Town has available and existing unappropriated fund balance in the Park Fund; and WHEREAS, a need exists to appropriate additional sums of money in the Park Fund to fund the purchase of play equipment and installation of the equipment at Hart Park; and WHEREAS, the Board of Trustees has published notice of and held a hearing upon the supplemental appropriations and amendments to the 2013 budget authorized by this Resolution; and WHEREAS, the amended 2013 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 2013 Park Fund appropriation is hereby increased by $52,137.00, such appropriation corresponding to unanticipated expenditures. Such increased appropriation is funded by existing fund balance as allowed by State statutes. The distribution of the supplemental appropriation is as follows: Expenditures Account # Amount Playground Equipment 2830-460400-947 $52,137.00 INTRODUCED, READ AND ADOPTED this ,9) day of , 2013. ES7p TOWN OF FIRESTONE, COLORADO TOWN Zj oti SEAL 10 Q had Auer +.. .,��� ayor Attest: �l✓ Y, "GOB, T Rebecca Toberman Town Clerk TOWN OF FIRESTONE, COLORADO RESOLUTION NO. A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO, REGARDING TIIE PROVISION OF EMERGENCY SERVICES TO AN ANNEXATION OF T11E TOWN OF FIRESTONE WHEREAS, by Ordinance number 787, the Town of Firestone ("Town") annexed property known as the Turner Commons Annexation ("Turner Commons Annexation") within its corporate boundaries. The Turner Commons Annexation was recorded on March 26, 2012, and became effective as of that date. The legal description for the Turner Commons Annexation is attached as Exhibit A. WHEREAS, the Town and the Frederick -Firestone hire 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; WHL+'REAS, the Turner Commons 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 Turner Commons Annexation; WHEREAS, the Town, through the IGA with Frederick -Firestone FPD, can provide the same or better fire protection and Emergency Services to the Turner Commons Annexation as Mountain View FPD currently provides; and WHEREAS, the Town Board of Trustees believes it is in the best interests of the Turner Commons Annexation, and the Town's citizens and their property, for the '1 own, through the IGA with Frederick -Firestone FPD, to provide the Emergency Services to the "Turner Commons Annexation immediately upon exclusion of the Turner Commons Annexation from Mountain View FPD, NOW THEREFORE, BE IT RESOLVED BYTHE BOARD OF TRUSTEES OF THETOWN OF_FIRESTONE, WELD COUNTY, COLORADO, TIIAT: Section 1. The Town, through the IGA with Frederick -Firestone FPD, will provide the Emergency Services to the Turner Commons Annexation on and after the effective date of the Court Order excluding the Turner Commons Annexation from Mountain View I'i'l). 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. 1474687.1 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 &4)AY OF , 2013. ATTEST: By: .e oberman, Town F\RES rc � f6Wru 1474687.1 -.2- OF FIRESTONE y{ 3 l_) o° 14, ha CAuer, O 3834190 Pages: 3 Of 4 03/26/2012 10:.51 AM R.Fuo:$26.00 Steve flanano, Clerk end P.c6ordur. Weld County, CO EXBIIBIT A TURNER. COMMONS LEGAL DESCRIPTION LOT I OF RECORDED EXEMPTION NO. 1313-3-4-RE-626, RECORDED SEPTEMBER 12, 1983 AT RECEPTION NO. 01940086, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND ALSO PARCEL SE-1156, RECORDED DECEMBER 17, .009 AT RECEPTION NO. 3665635, LOCATED 1N THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND ALSO THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 3 AND A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AS ASSUMED TO BEAR SOUTH 89°22'56 WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTI-MAST CORNER OF SAID SECTION 3: THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 SOUTH 89022'56" WEST 77.66 FEET TO THE, TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTII LINE SOUTH 04°0l'l9" EAST 56.47 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE ALONG SAID SOUTH RIGHT OI,' WAY THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: THENCE NORTH 50"2934" WEST 10.13 FEET; THENCE SOUTH 89028'56" WEST 254.56 FEET; THENCE SOUTH 00°43'02" EAST 7.92 FEET; THENCE SOUTH 89°27'10" WEST 12.89 FEET; THENCE NORTH 88°04'13" WEST 185.53 FEET; THENCE SOUTH 85°48'54" WEST 69.46 FEET; TTIENCE SOUTH 83°48'32" WEST 203,53 FEET; TIIENCE SOUTH 89°30'32" WEST 514.34 FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY NORTH 0093'34" WEST 72.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; 'THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 NORTH 89022'56" EAST 10.23 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 01021'57" EAST 77.30 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE FIIGHWAY 119; THENCE ALONG SAID NORTH RIGHT OF WAY THE FOLLOWING THREE (3) COURSES AND DISTANCES: THENCE NORTH 89°28'44" EAST 500.53 FEET; 11TENCE NORTH 87004'21" EAST 231.58 FEET; THENCE NORTH 89°25'29" EAST 114.50 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAX NORTH 19042'04" EAST 34.95 FEET; THENCE NORTH 00034'26" WEST 20.04 FEET; 'THENCE NORTH 06033'03" EAST 72.56 FEET; THENCE NORTH 00034'26" WEST 109:93 FEET TO A POINT ON THE SOUTH LINE OF LOT 1, RECORDED EXEMPTION NO. 1313-6-4-RE-626 RECORDED SEPTEMBER 12, 1983 AT RECEPTION NO. 01940086; THENCE ALONG THE SOUTH, WEST, NORTH AND EAST LINE OF SAID LOT I SOUTH 89334'30" WEST 127.46 FEET; THENCE NORTH 01e24'42" EAST 345.02 FEET; THENCE NORTH 89°31'53" EAST 453.13 FEET TO A POINT ON THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 25 DESCRIBED IN DEED RECORDED AT 3834190 Pages: 4 of 4 03/26/2e12 fe:51 AM R Fae:$26.00 Steve Moreno, Clerk and Recorder, Feld County, CO mill W1%114111kh'.14 'lONO ft W «+I 10.141'34 11111 RECEPTION NO. 1279810 AND RECEPTION NO. 1278345, THENCE ALONG SAID WEST RIGHT OF WAY SOUTH 02027'50" EAST 230.16 FEET AND AGAIN SOUTH 02027'50" EAST 324.55 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE HIGHWAY 119; TIIENCE DEPARTING SAID NORTH RIGHT OF WAY SOUTH 04001'19" EAST 110.22 FEET TO TIM TRUE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 420,973.08 SQUARE FEET OR 9.664 ACRES, MORE OR (LESS. RESOLUTION NO. �S A RESOLUTION APPROVING AN AMENDMENT TO TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT BETWEEN WELD COUNTY, THE TOWN OF FIRESTONE, AND THE FIRESTONE URBAN RENEWAL AUTHORITY WHEREAS, the Firestone Urban Renewal Authority ("FURA") is a public body corporate and politic 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. ("Act"); and WHEREAS, the Town of Firestone ("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 County of Weld ("County") is a home rule county authorized to exercise its powers under and pursuant to the Colorado Constitution and state law; and WHEREAS, Weld County, Firestone and FURA previously entered into that certain TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT made and executed effective the 28th day of January, 2010 (hereinafter the "AGREEMENT"); and WHEREAS, the AGREEMENT provides for the sharing of the County Tax Levy Allocation for the Urban Renewal Area described in the Urban Renewal Plan for the Southern Firestone Urban Renewal Area, which Plan was approved by Resolution 10-04 adopted by the Board of Trustees on January 28, 2010; and WHEREAS, pursuant to the Act, the Board of Trustees will be considering the Urban Renewal Plan for the Northern Firestone Urban Renewal Area ("the Plan") to carry out urban renewal projects ("Urban Renewal Projects") described in the Plan for the area described therein ("Urban Renewal Area"); and WHEREAS, the Act includes and the Plan contains a provision authorizing the financing of the Urban Renewal Projects utilizing property tax increment financing as further provided in the Plan and as authorized by Section 31-25-107(9) of the Act; and WHEREAS, Section 31-25-107(11) of the Act permits and authorizes FURA, the Town and the County to enter into agreements for allocation of responsibility among the parties for payment of the costs of any additional County infrastructure or services necessary to offset the impacts of an urban renewal project and for the sharing of revenues; and. WHEREAS, pursuant to Section 31-25-107(3.5) of the Act, FURA and the Town submitted an urban renewal impact report for the Plan to the County and the County submitted its response thereto, and an amendment to the AGREEMENT has been proposed among FURA, the the Town and the County to address issues raised in discussion of the urban renewal impact report; and WHEREAS, the Town desires to enter into such amendment to the AGREEMENT as authorized under Section 31-25-107(11); NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Amendment to Tax Increment Expenditure and Revenue Sharing Agreement {"Agreement") among the Town, FURA, and the County, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Agreement effective as of the date of approval of the Plan, and the Mayor is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement 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 J)!� day of /�o� , 2013. EgTOTOWN OF FIRESTONE, COLORADO \�IyF 0 c L �•'iOWN Chad Auer O ti,,• , .• 4 Mayor ATTEST: BOUNTY"G� �10 L TCL�� Rebecca Toberman Town Clerk 2 AMENDMENT TO TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT THIS AMENDMENT (hereinafter "Amendment") is made and executed effective the day of , 2013, by and between the COUNTY OF WELD, COLORADO (hereinafter referred to as "Weld County" or "County"), the TOWN OF FIRESTONE, COLORADO (hereinafter referred to as "Firestone"), and the FIRESTONE URBAN RENEWAL AUTHORITY (hereinafter referred to as "FURA"). RECITALS A. Weld County, Firestone and FURA previously entered into 'that certain TAX INCREMENT EXPENDITURE AND REVENUE SHARING AGREEMENT made and executed effective the 281h day of January, 2010 (hereinafter the "Agreement"). B. The Agreement provides for the sharing of the County Tax Levy Allocation for the Urban Renewal Area described in the Urban Renewal Plan for the Southern Firestone Urban Renewal Area, which Plan was approved by Resolution 10-04 adopted by the Firestone Board of Trustees on January 28, 2010. C. By cover letter dated May , 2013, and pursuant to C.R.S. § 31-25-107(3.5), Firestone provided Weld County with the proposed Urban Renewal Plan for the Northern Firestone Urban Renewal Area ("Northern Firestone Plan"), with an associated Weld County Impact Report, all of which detail FURA's and Firestone's intended inclusion of the parcels described in the Northern Firestone Plan for the purposes authorized in the Colorado Urban Renewal Law, C.R.S. § 31-25-101, et seq., including utilizing tax increment financing ("TIF Financing"), as contemplated by C.R.S. § 31-25-107(9)(a), for the purposes authorized by the Urban Renewal Law. D. TIF Financing provides that taxes, if any, levied after the effective date of the approval of the Northern Firestone Plan upon taxable property in the area described in the Northern Firestone PIan ("the Northern Firestone Urban Renewal Area") each year shall be divided for a period not to exceed twenty-five (25) years from the effective date of the Northern Firestone Plan and that a portion of said property tax revenues (the "TIF Revenue") shall be allocated to and paid into a special fund of FURA to pay the principal of, interest on, and any premiums due in connection with bonds of, loans -or advances to, or indebtedness incurred by FURA for financing an urban renewal project or to make payments pursuant to an agreement executed pursuant to C.R.S. § 31-25-107(11). E. Weld County, Firestone and FURA are authorized to enter into an agreement pursuant to C.R.S. § 31-25-107(11) for the payment of property tax revenue that results from the County levy on taxable property in the Northern Firestone Urban Renewal Area, to be allocated pursuant to C.R.S. § 31-25-107(9)(a)(I1) (the " NFURA County Tax Levy Allocation") for the payment of the costs of any additional county infrastructure or services necessary to offset the impacts of the urban renewal project (the "Urban Renewal Project") described in the Northern Firestone Plan, as it may be amended, and revenue sharing. F. Weld County, Firestone and FURA by this Amendment desire to amend their existing Agreement to subject to the terms and conditions of said Agreement revenue produced by the NFURA County Tax Levy Allocation. G. Weld County, Firestone and FURA desire to enter into this Amendment for the purposes set forth in C.R.S. § 31-25-107(11). H. In consideration of the parties entering into this Amendment, Weld County waives any right it has to file an objection and ask for arbitration, pursuant to C.R.S. § 31-25- 107(12), and further consents to the inclusion within the Northern Firestone Urban Renewal Area of all agricultural lands contained within such Area as described in the Northern Firestone Plan, pursuant to C.R.S. § 31-25-107(l)(c)(II)(D). NOW THEREFORE, in consideration of the covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties hereto as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated into and made a part of this Amendment. 2. Inclusion of Northern Firestone Urban Renewal Area. Sections 1, 4, 5, 6 and 7 of the Agreement are hereby amended to insert the phrase "and NFURA County Tax Levy Allocation" after the phrase "County Tax Levy Allocation" in each any every location where the later phrase appears. 3. Intent. The parties hereby confirm that it is their intent in entering into this Amendment to make subject to the Agreement revenue produced by the NFURA County Tax Levy Allocation in addition to revenue produced by the County Tax Levy Allocation. As a result, FURA shall calculate and pay to Weld County fifty percent (50%) of the revenue produced by the County Tax Levy Allocation and NFURA County Tax Allocation each year as provided in the Agreement, and the remaining fifty percent (50%) of the revenue produced by the County Tax Levy Allocation and NFURA County Tax Levy Allocation may be used by FURA for payment of any amounts authorized by the Urban Renewal Plan for the Southern Firestone Urban Renewal Area and the Northern Firestone Plan and the Urban Renewal Law as provided in the Agreement. 4. Construction. The parties hereby further agree that wherever the Agreement refers to "Plan" and "Urban Renewal Area," said terms shall be construed to mean the Northern Firestone Plan and the Northern Firestone Urban Renewal Area with respect to the NFURA County Tax Levy Allocation. The parties hereby further agree that all terms and conditions of the Agreement shall be construed to apply severally and not jointly; therefore, for example, in the event FURA and Firestone terminate only the Northern Firestone Plan, including its TIF Financing component, the Agreement shall remain in effect with respect to the County Tax Levy Allocation for properties in the Southern Firestone Urban Renewal Area. 5. Effective Date. This Amendment shall take effect as of the effective date of V4 approval of the Northern Firestone Plan, provided the same has been executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Amendment. COUNTY: ATTEST: COUNTY OF WELD, a political Weld County Clerk to the Board subdivision of the STATE OF COLORADO: M Deputy Clerk to the Board ATTEST: Rebecca Toberman Acting Town Clerk ATTEST: By: Rebecca Toberman Recording Secretary William F. Garcia, Chairman Board of County Commissioners, County of Weld �� TOWN OF FIRESTONE, a municipal corporation of the STATE OF COLORADO Chad Auer, Mayor FIRESTONE URBAN RENEWAL AUTHORITY By: Chad Auer, Chairperson 3