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HomeMy WebLinkAbout2009-2011007,1' 4 IIllllllll llll llllll 111 lllll I1ll Illl 11111111 11112 0 Weid County, CO 3729071 11I0112010 11.�9A `1 of 41206 .00 Q 0.00 Steve Moreno Clerk & Recorded ORDINANCE NO.720 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT WITH FAIRVIEW ESTATES LLC, AND AUTHORIZING EXECUTION OF SUCH AGREEMENT NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Recitals. A. The Town of Firestone (the "Town") is a municipal corporation of the State of Colorado. B. Fairview Estates LLC, a Colorado limited liability company ("Owner") is the fee owner of certain property proposed to be annexed into the Town comprising approximately 73,694 acres and generally known as Firelight Park Annexation (as more particularly defined in the Public Improvements Reimbursement Agreement described below, the "Property"). C. Owner intends to develop the Property as a phased, mixed -use development including, but not limited to, commercial/retail, office, employment, and residential uses (the "Project"). D. Certain portions of the improvements anticipated to be necessitated by development of the Property are to be owned, operated and maintained by the Town, metropolitan districts, water and/or sanitation district(s) or the Colorado Department of Transportation (as more particularly defined in the Public Improvements Reimbursement Agreement described below, the "Public Improvements"). E. Because of the location of the Project with respect to existing utility services, the condition of existing streets providing access to the Project and other existing conditions of the -Property and other properties in the vicinity thereof, the scope of required Public Improvements and the cost of constructing the Public Improvements is anticipated to be significant and extraordinary. F. The Town presently has no, budgeted funds to construct the Public Improvements anticipated to be necessitated .by, and required by the Town in connection with, the development of the Property. G. The Town desires to cooperate in the development of the Property and the funding of the Public Improvements. 4829-9092-5827.2 1 Iliilll illll Illill illill IIIII Ills Illlil III iilll III 3729071 11/01/2010 11:49A Weld County, CO 2_ot__40_R_206.00_o-O..CO—Steue_Moreno_Clerk_&_Recorder ,` H. In furtherance of the foregoing, the Owner has presented to the Town a proposed Public Improvements Reimbursement Agreement (Firelight Park Annexation) (the "Agreement") between the Owner and the Town, pursuant to which the Town would cooperate in the funding of certain Public Improvements through the reimbursement of certain costs associated with the construction and completion of Public Improvements from certain revenues generated from anticipated retail sales tax generating land use components within the Property, subject to the limitations set forth in the Agreement. I. The effectiveness of the Agreement is conditioned upon, among other matters, the recordation in the real property records of Weld County, Colorado of an annexation ordinance and annexation maps with respect to the annexation of the Property into the Town. J. The Board finds that development of the Project with a significant retail sales tax generating land use component facilitated by the construction of the Public Improvements, and the cooperation between the Town and the Owner with respect to funding of the Public Improvements, is consistent with and necessary to timely achieve the Town's economic goals and objectives and to otherwise promote the best interests of the Town. . K. The Board finds that the proposed Agreement is appropriate to further such economic goals and objectives with respect to the Project. L. The Board does not consider the proposed Agreement to represent a policy change of the Town, but rather views the proposed Agreement as a unique opportunity to stimulate development activity within the Town. M. The Board finds that the development of the Project, the construction of the Public Improvements and the reimbursements by the Town contemplated by the Agreement are in the best interests of the Town. Section 2. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 3. Approval of Agreement. The Agreement between the Town of Firestone and Owner, a copy of which is attached hereto as Exhibit A and incorporated by this reference, is hereby approved. Section 4. Authorization to Execute Agreement. The Mayor and Town Clerk are hereby authorized to execute the Agreement on behalf of the Town, on condition that the Agreement is first executed by Owner; provided, however, 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. 4829-9092-5827.2 2 Illlllilllllllllillllllliillllllllllllilllllllllllillll 3729071 11/01/2010 11:49A Weld County, CO \,-3 of 4p R-206.00_D O.00 Steve_MorenoClerk_&-Recorder-) Section 5. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 23rd day of Jam, 2009. TOWN OF FIRESTONE '�7tj L Chad Auer Mayor Attest: FA ' . � WNI ..�..06 I, 4829-9092-5827.2 3 /i Illlllllllll llllll llllll�l#Illl�lllllllil�lllllll�lllll j 3729071 11/01/2010 11:49A Weld County, CO 4 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder Exhibit A Copy of Public Improvements Reimbursement Agreement {On File in the Office of the Firestone Town Clerk) 4829-9092-5827.2 Pleas= ,-Retum To. Town � Firestone P.O. Box 100 Firestone, 00 80520 ��, I IIIIII IIIII I � IIIII 11111111111111111111111I IIIII II111111 3729071 11101/2010 11:49A Weld County, CO 5 of 40 R 206.00 f] 0.00 Steve Moreno Clerk &Recorder PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT (FIRELIGHT PARK ANNEXATION) THIS PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT (this "PIRA"), is made and entered into as of theme day of ,S?o�2e, r _, 2009, by and between the TOWN OF FIRESTONE, COLOR -ADO, a municipal corporation of the State of Colorado (together with its successors and assigns, the "Town"), and FAIRVIEW ESTATES LLC, a Colorado limited liability company (together with its successors and assigns, "Owner"). RECITALS This PIRA is made with respect to the following facts: A. Capitalized terms used in this PIRA have the meanings set forth in Article I of this PIRA. B. Owner is the fee owner of the Property and intends to develop the Property as a phased, mixed -use development including, but not limited to, commercial/retail, office, employment and residential uses, all as more fully and specifically set forth in and subject to the terms, limitations and conditions of the ODP, as may be amended from time to time (the "Project"). C. Owner and/or subsequent Developers, in cooperation and in conjunction with the Infrastructure Provider, anticipate designing, financing and constructing infrastructure and related improvements to serve the Project with a total principal capital cost in excess of $22,800,000, a subset of which improvements are set forth in Exhibit C of this PIRA (as further described in Section 1.38, the "Public Improvements") with respect to which Credit PIF Revenues may be utilized for reimbursement of Eligible Costs, subject to the Cap Amount and other terms, limitations and conditions of this PIRA. D. Because of the location of the Project with respect to existing utility services, the condition of existing streets providing access to the Project and other existing conditions of the Property and other properties in the vicinity thereof, the scope of required Public Improvements and the cost of constructing the Public Improvements shall be significant and extraordinary. E. The Town presently has no budgeted funds to construct the Public Improvements, and generally requires that the costs of public improvements necessitated by development be advanced by the developer. F. The Board has determined that development of the Project as contemplated in the ODP and facilitated by the construction of the Public Improvements, and the cooperation among the Town, Owner, Developers and the Infrastructure Provider as contemplated by this PIRA with respect to funding of the Public Improvements, is consistent with and necessary to timely achieve the Town's economic goals and objectives and to otherwise promote the best interests of the Town. 901711.6 IIIIII �IIII IIIIII lil�dl IIIII III IIIIII III �III� IIII I III 3729071 11/01/2010 11:49A Weld County, Co 6 of 40 R 20fi.00 D 0.00 Steve Moreno Clerk &Recorder: G. Development of the Property in accordance with the ODP, the Annexation Agreement and this PIRA is anticipated to benefit the Town's finances through the addition of significant sales taxes, use taxes, and property taxes; to benefit the local economy through new resident spending and construction spending; to provide for orderly, well planned growth in accordance with the policies and goals stated in the Town's master plan; to promote diversity of housing stock within the Town; and to otherwise promote the goals of the Code. H. In approving this PIRA, the Board does not consider this PIRA to represent a policy change of the Town, but rather views this PIRA as a unique opportunity to stimulate economic activity within the Project area. NOW, THEREFORE, in consideration of the recitals set forth above, which are fully incorporated herein by reference, and the mutual covenants, agreements and provisions contained in this PIRA, the receipt and sufficiency of which are hereby acknowledged, the Parties covenant and agree as follows: ARTICLE I DEFINITIONS For the purposes of this PIRA, the following terms shall have the meanings set forth below. Section 1.01 Accrued Interest. Interest accrued on the principal component of Eligible Costs described in Section 1.21(a) by application of a per annum simple interest rate of 5.5%. Interest on the unreimbursed principal amount of such Eligible Costs of any particular Public Improvement funded directly by the Infrastructure Provider (including from the proceeds of bonds or other financing instruments issued for such purpose) or from advances made by Owner or another Developer pursuant to reimbursement agreements entered into with the Infrastructure Provider for such purposes, shall accrue by application of a per annum simple interest rate of 5.5% commencing on the later of (a) the date of the Town's written "conditional acceptance" of the applicable Public Improvements, or (b) the Credit PIT Release Date, and continuing through and including the date on which there is made available to the Infrastructure Provider or bond trustee, as applicable, in accordance with a certification submitted as provided in Section 4.07, Credit PIF Revenues in reimbursement of the principal amount of the Eligible Costs. Credit PIF Revenues shall be deemed "made available to the Infrastructure Provider or bond trustee" at such time as such amount of Credit PIF Revenues is on deposit with the PIF Collecting Agent/Trustee, the Credit PIF Release Date has occurred, and the Town has consented to or is deemed to have consented to a certificate for the related Eligible Costs in accordance with Section 4.07 hereof, notwithstanding that such amount may not have been disbursed by the PIF Collecting Agent/Trustee to or at the direction of the Infrastructure Provider or to the bond trustee, as applicable. For the avoidance of doubt, interest accrued on the principal component of Eligible Costs described in Section 1.21(a) shall continue to accrue if the Infrastructure Provider reimburses Developer(s) from proceeds of bonds or other financing instruments issued for such purpose until such time as Credit PIF Revenues have been received by the Infrastructure Provider or bond trustee, as applicable, in an amount sufficient to fully satisfy the reimbursement of such Eligible Costs. Credit PIF Revenues shall be deemed to be applied to Accrued Interest prior to reimbursement of principal amount of Eligible Costs. Notwithstanding any provision of this Section 1.01 to the contrary, Accrued Interest on the principal component of Eligible Costs 901711.6 2 11111111111 IN 1111111111111111 IN 111111 3729071 11/01/2010 11:49A Weld County, CO ___70f 40_R 206.00 a 0.00 5teve_Morena_Clerk & Recorder i described in Section 1,21(a) shall accrue for a period not to exceed 60 days from the date of the Town's "conditional acceptance" of the applicable Public Improvement with respect to such Eligible Costs if (i) the Credit PIF Release Date has occurred; and (ii) there are Credit PIF Revenues on deposit with the PIF Collecting Agent/Trustee in an amount sufficient to pay the unreimbursed principal amount of the Eligible Costs of such Public Improvement. Section 1.02 Add -On PIF. The component of the PIF which shall be set at a rate to be established by Owner in accordance with the terms, limitations and conditions of the PIF Covenant, and which shall be applied to Taxable Transactions (and such other transactions as may be authorized under the PIF Covenant from time to time) before the calculation of applicable sales taxes and/or use taxes, but which is not offset by a Sales/Use Tax Credit. Section 1.03 Add -On PIF Revenues. The revenues generated from imposition and collection of the Add -On PIF pursuant to the terms of the PIF Covenant. Section 1.04 Annexation Agreement. That certain Annexation Agreement (Firelight Park Annexations) pertaining to the Property as approved by the Board and executed by the Parties in connection with annexation of the Property. Section 1.05 Approved Plans. The following documents for the Project, which shall be in the form required and approved by the Town, as amended from time to time with the approval of the Town and the applicable Developer: (i) the ODP; (ii) each Preliminary Development Plan and each Final Development Plan (as such terms are defined in the Code), whether approved prior or subsequent to the Effective Date for all or any portion of the Project; (iii) each Preliminary Plat and each Final Plat (as such terms are defined in the Code), whether approved prior or subsequent to the Effective Date for all or any portion of the Project; (iv) the Final Utility Plan; and (v) each Development Agreement, whether approved prior or subsequent to the Effective Date for all or any portion of the Project. Section 1.06 Board. The Board of Trustees of the Town of Firestone, Colorado, as it may be constituted from time to time. Section 1.07 Cap Amount. The total aggregate principal amount of Six Million Dollars ($6,000,000) plus Accrued Interest and Financing Costs, which is the maximum amount of Credit PIF Revenues available under the terms, limitations and conditions of this PIRA to reimburse the Infrastructure Provider for Eligible Costs. Section 1.08 CDOT. The Colorado Department of Transportation. Section 1.09 Code. The municipal code of the Town of Firestone, as amended from time to time. Section 1.10 Construction Activities. Construction activities within the Project which are subject to the Town's use tax pursuant to the Code, are subject to the Sales/Use Tax Credit pursuant to the terms of this PIRA, and are subject to the PIF pursuant to the terms of this PIRA and the PIF Covenant. Section 1.11 Covered Losses. As defined in Section 6.04(b). 901711.6 3 r— I I��III IIIII IIIIII �Il�il II1II III IIIlII III ��I�I /III ��II 3729071 11/01/2010 11:49A Weld County, CO B of 40 R 206.00 Q 0.00 Steve Moreno Clerk & Recorder Section 1.12 Credit PIF. The component of the PIF that is set at the rate of one percent (1.0%) pursuant to the PIF Covenant, and which when applied to and collected on Taxable Transactions occurring during the Credit PIF Period shall result in an offsetting credit against the sales and use tax obligation under the Code pursuant to the terms of the Sales/Use Tax Credit as provided in this PIRA. Section 1.13 Credit PIF Period. As more specifically set forth in Section 4.03 of this PIRA, the period during which the Sales/Use Tax Credit is in effect. Section 1.14 Credit PIF Release Date. The date on which the Town issues a certificate of occupancy for, in the aggregate with any previously issued certificates of occupancy, the 12,5001h building square foot of retail sales generating space within the Property. Section 1.15 Credit PIF Revenues. The revenues generated from the Credit PIF, together with all interest earned thereon while on deposit with the PIF Collecting Agent/Trustee. Section 1.16 Cure Period. As defined in Section 6.01(d). Section 1.17 Developer(s). Collectively or individually as dictated by the context, Owner and any successor owner of all or any part of the Property, which has undertaken to construct a portion of the Public Improvements as evidenced by execution of a Development Agreement; provided, however, that no individual homeowner shall be considered a Developer or subject to liability or any benefit as a Developer under this PIRA except to the extent such individual homeowner also has undertaken to construct a portion of the Public Improvements as evidenced by execution of a Development Agreement. Section 1.18 Development Agreement(s). One or more agreements executed from time to time by a Developer of the relevant area of the Property (and/or by the Infrastructure Provider) and the Town governing the design, planning, engineering and construction of the Public Improvements, the posting of security for the same, the procedure for inspection and acceptance of the same by the Town, and other relevant provisions concerning the completion of the Public Improvements and development of the Project, Section 1.19 District(s). Collectively or individually as dictated by the context, one or more metropolitan districts containing within their service area(s) all or any portion of the Property, and such additional property as may be approved by the Town (which approval may be pursuant to the Town's approval of service plan(s) including such property within their service area(s)), and formed.or to be formed pursuant to Article 1, Title 32 of the Colorado Revised Statutes for the purpose, among others, of facilitating the financing and construction of the Public Improvements; one of which such Districts may be designated as the Infrastructure Provider pursuant to the terms, limitations and conditions of this PIRA and an intergovernmental agreement, if any, and all of such Districts shall be operated in accordance with the terms, limitations and conditions of their respective service plans as approved by the Town (or as accepted by the Town in connection with the Town's acceptance of the designation of approving authority pursuant to C.R.S. § 32-1-204.7), including compliance with any applicable obligations and limitations set forth in this PIRA. 901711.6 4 Ifllllllllllfllllllllllflllllllllllllllllllllllllllllll 3729071 11/01/2010 11:49A Weld County, CO �__ 9 of 40 R_206.00 o o.00 Steve Moreno -Clerk &_Recorder—) Section 1.20 Effective Date. The date of the recordation in the Records of the annexation ordinances and annexation maps for the Property in accordance with C.R.S. § 31-12- 113(2)(a)(I1)(A). Section 1.21 Eligible Costs. The following, subject to the Cap Amount and the other terms, limitations and conditions of this PIRA and excluding costs for non -engineered design, planning, legal, accounting, overhead or administrative staffing, financing (excepting Financing Costs) and other associated "soft" costs: (a) As more particularly described in Exhibit C of this PIRA, the principal amount of the actual costs of engineering, construction engineering, construction survey and construction (labor and materials) of the Public Improvements, whether paid directly by the Infrastructure Provider or funded from advances by Developer(s), (b) Accrued Interest, and (c) Financing Costs. Section 1.22 Event of Default. As defined in Section 6.01. Section 1.23 Exhibit(s). Individually,. one of the following Exhibits to this PIRA and/or, collectively, all of the following Exhibits to this PIRA, as the context dictates, which Exhibits are incorporated into and made a part of this PIRA: Exhibit A: Legal Description of the Property Exhibit B: Form of Certification for Reimbursement of Eligible Costs Exhibit C. Schedule of Public Improvements and Eligible Costs Section 1.24 Final Utility Plan. One or more utility plans for the Project, as approved and signed by the Town. Section 1.25 Financing Costs. The costs of issuance of bonds or other financing instruments of the Infrastructure Provider issued to field the Public Improvements, in whole or in part, which may include, but are not limited to, underwriting discount, placement agent and financial advisor fees, subject to the further limitations of this Section 1.25; provided, however, that the total amount of such costs eligible for reimbursement from Credit PIF Revenues shall not exceed, in the aggregate, $500,000, and, with respect to any particular issue of bonds or other financing instrument, shall not exceed 3 % of the principal amount of such bonds or other financing instrument; and further provided that, if net proceeds of the related bonds or other financing instruments (excluding amounts to be applied to reserve funds, capitalized interest and costs of issuance) fund improvements in addition to the Public Improvements, the amount of such cost of issuance constituting Financing Costs hereunder shall be limited to the percentage thereof equal to the percentage that the net proceeds of the bonds or other financing instruments to be applied to Public Improvements represents of the full amount of net proceeds, based upon 901711.6 5 I lillll IIIII 1111111111111111111 IN 11111111111111111111 IN 3729071 11/01/2010 11:49A Weld County, CO 10 of 40_R 206.00 Q 0.00 Steve Moreno Clerk &-R. ecorder/ the reasonable expectations of the Infrastructure Provider at the time of issuance of the bonds or other financing instruments. Financing Costs shall not include legal fees, principal and interest due on the bonds or other financing instruments, reserve funds or capitalized interest. Section 1.26 Infrastruciure Provider. The entity, which may be either a PIC or a District, as otherwise provided in this PIRA, which has been or shall be formed and operated for the purpose of, among others, receiving Credit PIF Revenues in order to facilitate financing and construction of the Public Improvements, subject to -the terms of this PIRA, the PIF Covenant and an intergovernmental agreement, if any, and/or receiving the Add -On PIF Revenues generated from the Property (and any other legally available revenues) in order to facilitate financing and construction of additional infrastructure, public and private improvements, and performing other functions contemplated by and subject to the terms of the PIF Covenant and an intergovernmental agreement, if any; provided, however, for purposes of this PIRA, there may be only one entity designated as "Infrastructure Provider" at any given time, which designation shall be made effective by such entity's execution of the Infrastructure Provider signature page addendum to this PIRA in accordance with Section 7.01. No entity shall constitute the Infrastructure Provider hereunder and be entitled to the rights provided herein until such time as it has executed such addendum hereto. Section 1.27 ODP. The Outline Development Plan for Firelight Park as approved by the Board, and which constitutes the approved PUD zoning for the Property. Section.1.28 Owner. As defined in the introductory paragraph of this PIRA. Section 1.29 Party(ies). Individually or collectively, as the context dictates, (i) the original signatory or signatories of this PIRA, (ii) after satisfaction of the requirements set forth in Section 7.01, the Infrastructure Provider, and, (iii) to the extent of any written assignment by a Party of that Party's rights under Section 7.01 of this PIRA a copy of which has been delivered to the other Parties pursuant to Section 7.10 of this PIRA, such assignee. Section 1.30 PIC. The non-profit corporation that Owner may establish to function as the Infrastructure Provider. Section 1.31 PIF. Collectively, the Credit PIF and the Add -On .PIF, which are public improvements fees to be imposed by Owner through recordation of the PIF Covenant. Section 1.32 PIF Covenant. That certain privately imposed Declaration of Covenants Imposing and Implementing the Firelight Park Public Improvements Fee to be recorded by Owner as a covenant burdening and benefiting the Property, as amended from time to time in_ accordance with its terms. Section 1.33 PIF Collecting Agent/Trustee. The entity to be engaged by the Owner and/or the Infrastructure Provider as the collecting agent and trustee for disbursement and accounting of PIF revenues pursuant to a PIF Collection Services and Trustee Agreement as in effect from time to time, and which is authorized to undertake the duties of the PIF Collecting Agent/Trustee as described in Section 4.05 of this PIRA. 901711.6 6 3729071 11/0112010 11:49A Weld County, CO ,�-11 of 40 R_2Q6.A0 0_O.Oa._Steve_Moreno Clerk_&_Recorder.; Section 1.34 PIF Collection Services and Trustee Agreement. An agreement pursuant to which the PIF Collecting Agent/Trustee shall collect, disburse and account for the Credit PIF Revenues in accordance with the terms, limitations and conditions of this PIRA and of the PIF Covenant, and may collect, disburse and account for the Add -On PIF Revenues in accordance with the terms, limitations and conditions of the PIF Covenant. Section 1.35 PIRA. As defined in the introductory paragraph of this PIRA. Section 1.36 Project. As defined in Recital B of this PIRA. Section 1.37 Property. The real property that is legally described in Exhibit A of this Section 1.38 Public Improvements. Collectively, as described in Exhibit C of this PIRA, and subject to the terms, limitations and conditions specifically set forth therein, the public improvements, infrastructure and related amenities required or to be required in connection with development of the Project, which shall be owned by the Town, a District (with prior written approval of the Town, which may be within the District's service plan or otherwise documented), a water and/or sanitation district or CDOT. Section 1.39 Records. The real property records of the Weld County, Colorado, Clerk and Recorder. Section 1.40 Related Parties. As defined in Section 6.04(b). Section 1.41 SaleslUse Tax Credit. The credit against Town use tax (on building materials only) and Town sales tax on Taxable Transactions occurring within the Property, which the Town shall consider and take final action on in accordance with Section 4.02 of this PIRA, in an amount equal to the amount of Credit PIF Revenues imposed and collected on such Taxable Transactions and subsequently received by the PIF Collecting Agent/Trustee at all times during the Credit PIF Period. Section 1.42 Taxable Transaction. The sale or provision of goods or services which is subject to Town use taxes (on building materials only) and/or Town sales taxes. Section 1.43 Town. As defined in the introductory paragraph of this PIRA. ARTICLE II PURPOSE AND EFFECT Section 2.01 Purpose and Effect. The purposes of this PIRA are to (i) establish the cooperative funding arrangement described in this PIRA with respect to facilitating the design and construction of the Public Improvements required to enable development of the Project within the Property; and (ii) implement the cooperative funding arrangement through use of the Credit PIF and SaleslUse Tax Credit mechanism. Section 2.02 Recordation; Covenants. Upon the later to occur of (i) the Effective Date, (ii) mutual execution of this PIRA after Board final non -appealable approval, (iii) the 901711.6 7 1111111111 Hill 11111111111111111111111111111111111111111111111111111 3729071 11/0112010 11:49A Weld County, CO '�12_of 40 fi_2Q6.00—� Q.00 Steve_Mo.reao Clerk &_fieco.rde.rJ effective date of the ordinance approving this PIRA, or (iv) the date on which the ordinance establishing the Sales/Use Tax Credit becomes legally effective, the Town shall. cause this PIRA, or a memorandum of this PIRA in a form reasonably approved by the Parties, to be recorded at Owner or Developers' cost in the Records for the purpose of providing record notice of this PIRA. Upon recordation as provided in this Section 2.02 and subject to the terms, limitations and conditions set forth in this PIRA, the burdens and benefits of this PIRA shall bind and inure to the benefit of all Parties and all successors in interest to the Parties, subject, however, to the restriction on assignment pursuant to Section 7.01 of this PIRA. As between the Parties, the validity or enforceability of this PIRA shall not be affected by any delay in or failure to record this PIRA (or memorandum thereof) as provided herein. ARTICLE III REPRESENTATIONS AND COVENANTS Section 3.01 Representations of the Town. (a) The Town represents that, as of the date of the Town's execution of this PIRA: (1) The Town is a municipal corporation of the State of Colorado; (2) Except with respect to the annexation of the Property to the Town, there is no litigation or administrative proceeding pending seeking to question the authority of the Town to enter into this PIRA or implement or perform the Sales/Use Tax Credit, and the Town is unaware of any such litigation or proceeding that has been threatened; and (3) The Town reasonably believes that it has the authority to enter into this PIRA and to implement the Sales/Use Tax Credit, and, assuming such authority, the Board has duly authorized this PIRA to be executed on behalf of the Town. By entering into this PIRA, Owner, Developers and Infrastructure Provider (upon its execution hereof} acknowledge and accept that no representation or warranty of enforceability of this PIRA or of the Sales/Use Tax Credit is made by the Town. (b) Each of the representations contained in this Section 3.01 are acknowledged by the Town to be material and are intended to be relied upon by Owner in its execution of this PIRA and implementation of the Credit PIF. Prior to the Effective Date and from time to time, as applicable, the Town shall deliver timely written notice to Owner regarding any changes, exceptions or qualifications with respect to the accuracy of such representations as of such date. Subject to the foregoing, the Town's representations shall be deemed to have been remade by the Town as of the Effective Date. Section 3.02 Covenants of the Town. (a) The Town covenants that it shall cooperate with Developers in Developers' efforts to defend against any challenge or litigation brought by a third party concerning the Public Improvements, the Sales/Use Tax Credit or this PIRA; provided, however, that the Town is not obligated to expend any monies or incur any expenses for such defense, including without limitation attorneys' fees, costs, or any other professional fees. 901711.6 8 I 11VI 111111111111111111111111111111111111111111111111 IN 3729071 11/01/2010 11:49A Weld County, CO `.,13_ of _ 40 R 206_00 _. _0= 0.00 Steve Moreno Clerk & Recorder_r: (b) The Town shall deliver notice of the Credit PIF Release Date to Owner and the PIF Collecting Agent/Trustee in accordance with Section 4.05(a). Section 3.03 Covenants by Owner, Developers and Infrastructure Provider. Owner, on behalf of itself and any successor Developer(s), and by becoming a Party to this PIRA pursuant to Section 7.01, the Infrastructure Provider, hereby respectively covenant: (a) Subject to the terms, limitations and conditions of this PIRA, it shall cause construction of each phase of the Project that is undertaken by the Infrastructure Provider or such Developer(s) to be accomplished in a manner consistent with the Approved Plans. Nothing in this PIRA has obligated the Town to approve such plans, as such approval remains subject to the Town's normal land development review process as noted in Section 7.12. (b) In constructing and placing the Project in operation, and with respect to the Public Improvements, it shall comply with: (1) except to the extent otherwise provided in the Annexation Agreement or the ODP for the Project, Town ordinances, the Code, resolutions, rules, regulations and procedures, including without limitation all zoning and subdivision codes, development regulations, uniform codes, street and utility construction and design requirements, and the Final Utility Plan; (2) all applicable federal, state and county statutes, codes, rules, regulations, and ordinances; (3) any applicable requirements of quasi -municipal entities providing services to the Project (e.g., water and sewer services); and (4) the Development Agreement(s). (c) As a condition to the PIF Collecting Agent/Trustee's disbursement of Credit PIF Revenues to the Infrastructure Provider pursuant to this PIRA for the purpose of reimbursing Owner or any applicable Developer for any Eligible Costs it has advanced to, on behalf of, or otherwise for the benefit of the Infrastructure Provider, Owner or such Developer, as applicable, shall provide to the PIF Collecting Agent/Trustee and the Town a certification of such costs from a licensed Colorado civil engineer pursuant to the terms, limitations and conditions of Section 4.07 of this PIRA. (d) It shall ensure that any monetary encumbrance or lien that has been or may be created on or attached to any Public Improvements, whether by voluntary act of the applicable Developer or otherwise, shall be removed in its entirety prior to the conveyance of any Public Improvements to the Town or other quasi -municipal entities providing services to the Project (e.g., water and sewer services), as applicable, such that the same are free and clear of any lien or monetary encumbrance. (e) It shall comply with the indemnity obligations as set forth in Section 6.04(b) of this PIRA. (f) The Project shall comply with all requirements of the Town for security for construction of the Public Improvements and the execution of the Development Agreement(s). (g) In accordance with and as more particularly set forth in Section 4.01, Owner shall deliver the PIF Covenant and PIF Collection Services and Trustee Agreement, and any proposed amendments thereto, to the Town for the Town's review and confirmation as to conformity with this PIRA. 901711,6 9 IIIIIIIIIIII IIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3729071 11/0112010 11:49A Weld County, CO �14 of 40 _R 206.00 D 0.00 Steve Moreno Clerk & Recorder Section 3.04 Representations of Owner. (a) 'Owner represents that, as of the date of Owner's execution of this PIRA: (1) Owner is a limited liability company duly organized and validly existing under the laws of the State of Colorado, is authorized to do business in the State of Colorado, is not in violation of any provisions of its organizational or operating agreements, has the power and legal right to enter into this PIRA and has duly authorized the execution, delivery and performance of this PIRA by proper action, which PIRA shall be enforceable against Owner in accordance with its terms; (2) The consummation of the transactions contemplated by this PIRA shall not violate any provisions of the governing documents of Owner or constitute a default or result in the breach of any term or provision of any contract or agreement to which Owner is a party or by which it is bound; (3) Except with respect to the annexation of the Property to the Town, there is no litigation, proceeding or investigation contesting the power or authority of Owner with respect to the Property, the Project or this PIRA, and Owner is unaware of any such litigation, proceeding, or investigation that has been threatened; and (4) Owner is the sole owner of fee title to the Property, subject to easements, restrictions, reservations and rights -of -way of record. (b) Each of the representations contained in this Section 3.04 are acknowledged by Owner to be material and are intended to be relied upon by the Town in proceeding with this transaction. Prior to the Effective Date and from time to time, as applicable, Owner shall deliver timely written notice to the Town regarding any changes, exceptions or qualifications with respect to the accuracy of such representations as of such date. Subject to the foregoing, Owner's representations shall be deemed to have been remade by Owner as of the Effective Date. Section 3.05 Mutual Covenants Regarding Development Obligations. (a) To the extent that this PIRA does not specifically allocate Public Improvements obligations, the allocation shall be set forth in Development Agreement(s) and Approved Plans, as applicable. The Parties acknowledge that Public Improvements obligations and reimbursement rights addressed in this PIRA may also pertain to the Infrastructure Provider to the extent the Infrastructure Provider has assumed the obligations of a Developer and/or incurred Eligible Costs for Public Improvements pursuant to the terms of this PIRA and/or Development Agreement(s). Each Development Agreement entered into after the Effective Date shall require an improvement guarantee assuring completion of the applicable Public Improvements as required by the Code, and as more particularly described in the applicable Development Agreement. (b) Notwithstanding the foregoing, the Parties further acknowledge that Public Improvements obligations established by such Development Agreements could be undertaken, with the consent of the Town, by the Infrastructure Provider and, accordingly, the Town, Owner 901711.6 10 1111111111111111111111111111111111111111111111111111111 3729071 11/01/2010 11:49A Weld County, CO L15_of 40_R_206.00—D-0.00- Steve-MorenomCle.rk &_Recorder and Infrastructure Provider shall discuss in good faith the process and requirements whereby the Infrastructure Provider may be a party to any such Development Agreement(s) with respect to all or a designated portion of the Public Improvements and other infrastructure obligations established by such Development Agreement(s). Without limitation of the foregoing, the Town, Owner and Infrastructure Provider shall consider establishing a form of master Development Agreement for the Project to address the phasing, assurance of completion and other pertinent matters with respect to backbone infrastructure and similar improvements, and to provide a structure within which subsequent Development Agreement(s) for specific development sites in later phases shall be addressed. The form of any such master Development Agreement shall be established, if at all, by mutual agreement of the Town, Owner and the Infrastructure Provider through discussions to be undertaken in good faith as provided herein. For avoidance of doubt, the Parties expressly acknowledge that the provisions of this subparagraph (b) do not create any express or implied duty or obligation, and no Party shall have any liability -or right, nor shall any Party be entitled to assert any claim for breach of the covenant of good faith, default, damages, equitable remedies or otherwise with respect to the matters addressed in this subparagraph (b). (c) This PIRA shall not be construed to create an implied obligation upon any Developer to develop that Developer's portion of the Project or upon any Developer or the Infrastructure Provider to design, construct and/or finance all or any portion of the Public Improvements. Except to the extent expressly set forth in any Development Agreement executed prior or subsequent to the Effective Date, no Developer shall have any liability to the Town, the Infrastructure Provider, or any other party arising out of this PIRA for failure to develop all or any portion of the Project, and the Infrastructure Provider shall not have any liability to the Town, any Developer, or any other party arising out of this PIRA for failure to design, construct and/or finance any of the Public Improvements. This Section 3.05(c) shall not be construed as relieving the applicable Developer and/or the Infrastructure Provider of any express obligation to construct any Public Improvement imposed by any Development Agreement executed by such Developer and/or Infrastructure Provider prior or subsequent to the Effective Date. ARTICLE IV REIMBURSEMENT OF ELIGIBLE COSTS Section 4.01 Implementation of PIF Covenant and PIT Collection Services and Trustee Agreement. (a) PIF Covenant. Prior to the initial Taxable Transaction, Owner shall record the PIF Covenant in the Records for the purpose of, among others, imposing the Credit PIF on Taxable Transactions (including Construction Activities), and providing that Credit PIF Revenues shall be disbursed to the Infrastructure Provider solely in reimbursement of Eligible Costs, subject to the Cap Amount and the terms, limitations and conditions of this PIRA. With respect to the imposition of the Credit PIF and designation of the Infrastructure Provider as the PIF Collecting Agent/Trustee therefore, the terms, limitations and conditions of the PIF Covenant shall be materially consistent with the terms, limitations and conditions of this PIRA. In consideration of the foregoing, the Town shall grant a SaleslUse Tax Credit to retailers and building permit applicants who are subject to and actually pay the Credit PIF to the PIF Collecting Agent/Trustee during the Credit PIF Period in accordance with the terms, limitations and conditions of this PIRA. 901711.6 11 I, ff II II II ff II 3729071 11/01/2010 11:49A Weld County, CO 16 of 40 R 206.00 0 0.00 Steve Moreno Clerk & Recorder,. (b) PIF Collection Services and Trustee Agreement. The Infrastructure Provider shall engage a PIF Collecting Agent/Trustee to collect, disburse and account for the Credit PIF Revenues and the Add -On PIF Revenues in accordance with the terms, limitations and conditions of the PIF Collection Services and Trustee Agreement and as generally provided in this PIRA. The Infrastructure Provider shall cause the terms, limitations and conditions of the PIF Collection Services and Trustee Agreement to be materially consistent with Section 4.04, Section 4.05 and Article V of this PIRA. (c) Town Review and Confirmation. Owner shall provide the PIF Covenant and any proposed amendment thereto to the Town and the Town shall have the right to review and confirm the consistency of the PIF Covenant with Sections 4.01, 4.02(b), 4.02(c), 4.03, 4.04, 4.05(a), 4.05(c), 4.06, 4.07, 4.12 and 5.02 of this PIRA prior to Owner's execution and recordation of the PIF Covenant and any amendment thereto in the Records. Owner shall provide the PIF Collection Services and Trustee Agreement and any proposed amendment thereto to the Town and the Town shall have the right to review and confirm the consistency of the PIF Collection Services and Trustee Agreement with Section 4.05 and Section 4.07 of this PIRA prior to its execution by the Infrastructure Provider and the PIF Collection Agent/Trustee. The Town shall not unreasonably withhold, condition or delay such review and confirmation of the PIF Covenant or PIF Collection Services and Trustee Agreement, and shall provide prompt written comments and confirmation, provided that confirmation shall be deemed given if the Town neither provides written comments nor confirmation within thirty (30) days of Owner's submittal thereof to the Town. Section 4.02 Implementation of Sales/Use Tax Credit; Condition Precedent to Effectiveness of PIRA. (a) Approval of Sales/Use Tax Credit Ordinance. In order to implement the Sales/Use Tax Credit, and as a condition precedent to the effectiveness of this PIRA, the Board shall approve, concurrently with approving this PIRA or within thirty (30) days thereafter, an ordinance amending its Code provisions regarding municipal use tax (on building materials only) and sales tax to provide for and implement the Sales/Use Tax Credit substantially as follows: During the Credit PIF Period, each person or entity otherwise liable to the Town for sales taxes or use taxes (on building materials only) under the Code with respect to Taxable Transactions (including Construction Activities) occurring within the Project shall receive a credit (i.e., the Sales/Use Tax Credit) against such Town use tax rate obligation (on building materials only) and/or Town sales tax rate obligation in an amount equal to the amount of the Credit PIF Revenues imposed and collected on such Taxable Transaction and subsequently received by the PIF Collecting Agent/Trustee. Such Sales/Use Tax Credit shall be automatic and shall take effect immediately upon the applicable retailer's (as reflected on the retailer's periodic sales tax report) or building permit applicant's remittance to and receipt by the PIF Collecting Agent/Trustee of the Credit PIF Revenues; provided, however, that the transactions and payments supporting the Sales/Use Tax Credit for any given period shall nevertheless be subject to audit by the Town (or its designee) to the same extent, for the same limitations periods and in the same manner as the items which are required to be reported on the taxpayer's return relating to the period in which the transaction occurs. If the Board fails to adopt the ordinance contemplated in this Section 4.02(a) within thirty (30) days of the date on which the Board so»11.6 12 Illlll i#III Illill llliil ll#II Ills llllil III 111111111 IN 3729071 11/01/2010 11:49A Weld County, CO 17 of 4011 _206.00_ _C 0.00___Steve_ Moreno_Clerk_& _Recorder, approves this PIRA, the Parties may extend the period for satisfaction of the foregoing contingency to a date certain set forth in a written notice of extension. (b) Rate of Credit PIF. Pursuant to its authority under the PIF Covenant, Owner shall set the rate of the Credit PIF at one percent (1.0%) as applied to Taxable Transactions (including Construction Activities) during the Credit PIF Period, and shall provide in the PIF Covenant that, upon expiration of the Credit PIF Period, the Credit PIF shall terminate and no longer be imposed except as otherwise set forth in Section 4.12 of this PIRA. (c) Effect of Sales/Use Tax Change on Credit PIF Rate. The rate of the Credit PIF at one percent (1.0%) as applied to Taxable Transactions (including Construction Activities) and the amount of the Sales/Use Tax Credit during the Credit PIF Period is not subject to change and shall not increase or decrease if the Town increases or decreases its sales tax and/or use tax under the Code. (d) PIF Subject to Town's Sales Taxes and Uses Taxes. The Town's sales taxes and use taxes are to be imposed on the total taxable amount of a Taxable Transaction, inclusive of the amount of the Credit PIF and Add -On PIF (the intent being that the Credit PIF and Add -On PIF are subject to the Town's sales taxes and use taxes); provided, however, notwithstanding the foregoing, neither the Owner, any Developer, the Infrastructure Provider, nor the PIF Collecting Agent/Trustee shall have any obligation or liability for the failure of any third -party engaging in a Taxable Transaction (including Construction Activities) to impose the Town's sales taxes and/or use taxes, as applicable, on the total taxable amount of a Taxable Transaction, inclusive of the amount of the Credit PIF and Add -On PIF. The Parties acknowledge and agree that neither the Owner, any Developer, the Infrastructure Provider, nor the PIF Collecting Agent/Trustee shall have any right to receive or control the portion of the Town's sales taxes and use taxes imposed on the Credit PIF and Add -On PIF and collected by the Town. Section 4.03 Duration of Credit PIF Period. The Credit PIF Period shall commence on the date on which the initial Taxable Transaction occurs within the Project, and shall continue through the date of the earlier to occur of: (A) disbursement of Credit PIF Revenues in an amount equal to the total Eligible Costs incurred by Infrastructure Provider (including reimbursements to the applicable Developer(s) of funds advanced, and Accrued Interest thereon, for Eligible Costs pursuant to reimbursement agreements that have been executed with the Infrastructure Provider prior or subsequent to the Effective Date), subject to the Cap Amount; or (B) the 201h anniversary of the Credit PIF Release Date, unless such period is extended as provided in Section 4.11 of this PIRA. Upon expiration of the Credit PIF Period, the Sales/Use Tax Credit shall terminate and the Credit PIF shall terminate except as otherwise set forth in Section 4.12 of this PIRA. Any Credit PIF Revenues then remaining on deposit with the PIF Collecting Agent/Trustee, or subsequently remitted to the PIF Collecting Agent/Trustee with respect to Taxable Transactions occurring prior to expiration of the Credit PIF Period, shall be disposed of pursuant to Section 4.04 of this PIRA. Notwithstanding expiration of the Credit PIF Period, all Credit PIF Revenues generated from Taxable Transactions occurring before expiration of the Credit PIF Period shall continue to be collected by the PIF Collecting Agent/Trustee as otherwise provided in this PIRA and the PIF Collection Services and Trustee Agreement. Notwithstanding any provision of this PIRA to the contrary, if the Credit PIF Release Date does not occur within ten (10) years of the date this PIRA is recorded in the 901711.6 13 I 1111111111111111111111111111111111111111111111111111111111111111111111 3729071 11/01/2010 11:49R Weld County, CO 18 of 40 R 206.00 _ Q_ 0.00_ Steve Moreno Clerk &.Recorder Records, to the extent there are any Credit PIF Revenues on deposit with the PIF Collecting Agent/Trustee, the PIF Collecting Agent/Trustee shall disburse such funds to the Town and this PIRA shall automatically terminate and be of no further force or effect. Section 4.04 Disposition of Funds Upon Expiration of the Credit PIF Period. Upon expiration of the Credit PIF Period as provided in Section 4.03 of this PIRA, if there are Credit PIF Revenues remaining on deposit with the PIF Collecting Agent/Trustee, the PIF Collecting Agent/Trustee shall disburse the funds in the following priority: (a) to the extent that the Cap Amount has not been reached and the Infrastructure Provider has incurred or shall be incurring Eligible Costs for which the PIF Collecting Agent/Trustee has not disbursed Credit PIF Revenues to reimburse the Infrastructure Provider (including principal advanced by a Developer for Eligible Costs pursuant to a reimbursement agreement between the Infrastructure Provider and the applicable Developer, and Accrued Interest thereon), the PIF Collecting Agent/Trustee shall hold the funds until the Infrastructure Provider has been fully reimbursed pursuant to the terms, limitations and conditions of this PIRA or there are no remaining Credit PIF Revenues on deposit with the PIF Collecting Agent/Trustee; and then (b) after the Infrastructure Provider has been fully reimbursed for the Eligible Costs as provided in this PIRA, and to the extent there are Credit PIF Revenues remaining on deposit with the PIF Collecting Agent/Trustee, the PIF Collecting Agent/Trustee shall disburse such funds to the Town. Section 4.05 Responsibilities of PIF Collecting Agent/Trustee. (a) Collection of Credit PIF Revenues. The PIF Covenant shall designate the Infrastructure Provider as the PIF Collecting Agent/Trustee. As more particularly set forth in the PIF Collection Services and Trustee Agreement to be executed after the Town's adoption of the Sales/Use Tax Credit ordinance as contemplated in Section 4.02 of this PIRA and prior to commencement of the Credit PIF Period, the Infrastructure Provider shall designate the PIF Collecting Agent/Trustee to receive the Credit PIF Revenues on behalf of the Infrastructure Provider, to collect the Credit PIF Revenues from retailers and persons engaged in Construction Activities within the Project, and, only after the Credit PIF Release Date, to disburse the Credit PIF Revenues as provided in this PIRA and the PIF Collection Services and Trustee Agreement. The Infrastructure Provider shall advise the Town promptly in writing of any subsequent change in the designated PIF Collecting Agent/Trustee. The Town shall deliver written notice to Owner and the PIF Collecting Agent/Trustee of the occurrence of the Credit PIF Release Date promptly upon its occurrence, and shall coordinate with the Infrastructure Provider, the Owner and the State of Colorado Department of Revenue with respect to utilization of and any necessary modifications to the sales tax reporting forms for reporting with respect to the Taxable Transactions by all retailers within the Property during the Credit PIF Period. The Town also shall coordinate and cooperate with the Infrastructure Provider and the Owner to monitor and verify, to the extent possible, that if a retailer has taken a Sales/Use Tax Credit on a Taxable Transaction subject to the Town's sales tax, the retailer has remitted the corresponding Credit PIF Revenues to the PIF Collecting Agent/Trustee. The Town also shall coordinate with the Infrastructure Provider and the Owner with respect to verifying that persons engaged in Construction Activities within the Project have paid the Credit PIF to the PIF Collecting Agent/Trustee in the appropriate amount prior to issuance of a building permit by the Town. The Infrastructure Provider shall reimburse the Town for its reasonable costs incurred in coordinating with the Infrastructure Provider, the Owner and the Department of Revenue with respect to 901711.6 14 l lillll iilii llllll illlll Ilill Ills Illill III iillll ill III 3729071 11/01/2010 11:49A Weld County, CO _19 of 40 R 20fi.00 D U.00 Steve Moreno Clerk & Recorder' implementation, verification and monitoring of the Credit PIF, and the PIF Collecting Agent/Trustee's collection and disbursement of the Credit PIF Revenues. (b) Trustee Functions With Respect to Credit PIF Revenues. The PIF Collection Services and Trustee Agreement shall include, without limitation, the following minimum provisions relating to the Credit PIF Revenues: (1) The PIF Collecting Agent/Trustee shall receive all Credit PIF Revenues remitted by retailers and persons engaged in Construction Activities within the Project. (2) The PIF Collecting Agent/Trustee shall hold all Credit PIF Revenues in a segregated account. (3) The PIF Collecting Agent/Trustee shall invest the Credit PIF Revenues as directed by the Infrastructure Provider and in accordance with applicable law. (4) The PIF Collecting Agent/Trustee shall keep accurate books and records of all deposits of Credit PIF Revenues, including investment earnings thereon, and all disbursements of Credit PIF Revenues as provided in Section 4.05(d) of this PIRA, which books and records shall be available for inspection and audit (pursuant to Section 5.01 of this PIRA) during regular business hours by Owner, the Infrastructure Provider and the Town at the sole cost and expense of the Infrastructure Provider. (5) Within thirty (30) days after the last day of the immediately preceding calendar quarter, the PIF Collecting Agent/Trustee shall provide unaudited quarterly reports of all Credit PIF Revenues received and/or disbursed in the immediately preceding calendar quarter, at Infrastructure Provider's cost, to the Town and the Infrastructure Provider, which report shall contain all information referenced in subparagraph (4) above. (6) Upon receipt of the requisite certification of Eligible Costs as provided in Section 4.07 of this PIRA, and subject to the Cap Amount, the PIF Collecting Agent/Trustee shall remit to the Infrastructure Provider or the bond trustee, as applicable (or to any third party at the direction of the Infrastructure Provider), the appropriate reimbursement amount from available Credit PIF Revenues on deposit with the PIF Collecting Agent/Trustee, as more particularly provided in Section 4.07 of this PIRA. (7) Upon expiration of the Credit PIF Period, the PIF Collecting Agent/Trustee shall disburse any remaining Credit PIF Revenues as generally provided in Section 4.04 of this PIRA. (8) The Town shall have no obligation or responsibility to pay any fees or expenses owed to the PIF Collecting Agent/Trustee for its services pursuant to the PIF Collection Services and Trustee Agreement, and such fees and expenses shall not be paid from Credit PIF Revenues, but shall be paid from Add -On PIF Revenues or other revenues of the Infrastructure Provider. 901711.6 15 11111111111111111111111111111111111111111111111111111 IN 3729071 11/01/2010 11:49A Weld County, 00 _20_of_ 40R_206_.00_ D 0.00 Steve Moreno Clerk_& Recorder, (c) Collection and Disbursement of Add -On PIF Revenues. The Infrastructure Provider shall be the collecting agent for the Add -On PIF Revenues generated from Taxable Transactions occurring within the Property. Pursuant to the PIF Collection Services and Trustee Agreement, the Infrastructure Provider may designate the PIF Collecting Agent/Trustee to receive the Add -On PIF Revenues and to remit the applicable Add -On PIF Revenues to the Infrastructure Provider in accordance with the terms, limitations and conditions of the PIF Covenant. Collection and utilization of the Add -On PIF Revenues shall be administered pursuant to the terms, limitations and conditions of the PIF Covenant and, to the extent applicable, the PIF Collection Services and Trustee Agreement. (d) Disbursement of Credit PIF Revenues. The PIF Collecting Agent/Trustee shall be required to maintain an accounting of the amount of the Eligible Costs, including Accrued Interest and Financing Costs, that have been expended on the Public Improvements (based solely on the certifications submitted to the PIF Collecting Agent/Trustee by the Infrastructure Provider pursuant to Section 4.07 of this PIRA), and the amount of Credit PIF Revenues that the PIF Collecting Agent/Trustee has disbursed to reimburse the Infrastructure Provider for Eligible Costs. Section 4.06 Use of Credit PIF Revenues. The Infrastructure Provider shall use the Credit PIF Revenues only for Eligible -Costs or any payments (including principal and interest payments owed to credit enhancers and replenishments of reserves) required with respect to bonds or other financing instruments, all or a portion of which were issued to finance the Public Improvements. Section 4.07 Certification of Eligible Costs. All disbursements of Credit PIF Revenues by the PIF Collecting Agent/Trustee shall be made to the Infrastructure Provider in reimbursement of Eligible Costs (including reimbursements for Eligible Costs by the Infrastructure Provider to the applicable Developer for principal advanced pursuant to reimbursement agreements executed by such parties), subject to the terms of the PIF Collection Services and Trustee Agreement and this PIRA, including, without limitation, the terms, limitations and conditions of this Section 4.07, provided no disbursements of Credit PIF Revenues by the PIF Collecting Agent/Trustee shall be made prior to receipt of the Town's written notice of the occurrence of the Credit PIF Release Date delivered in accordance with Section 4.05(a). As the Infrastructure Provider incurs Eligible Costs (including reimbursement obligations to the applicable Developer for Eligible Costs incurred and advanced by the Developer pursuant to the reimbursement agreements between the Infrastructure Provider and the applicable Developer), and as a condition precedent to the PIF Collecting Agent/Trustee's disbursement of Credit PIF Revenues in reimbursement therefor, the applicable Developer and/or the Infrastructure Provider shall deliver to the PIF Collecting Agent/Trustee, with a copy thereof to the Town Finance Director, a certificate from a licensed and registered Colorado civil engineer, certifying the actual amount of Eligible Costs for which reimbursement is being requested, together with a certification of the total amount of Eligible Costs for which the Infrastructure Provider previously has received reimbursement from the Credit PIF Revenues. The certificate shall be countersigned by an officer of the Infrastructure Provider (and, to the extent a Developer constructed the ' applicable Public Improvements for the benefit of the Infrastructure Provider, the applicable Developer) representing that such Eligible Costs have actually been incurred and are qualifying costs for reimbursement from Credit PIF Revenues 901711.6 16 'I 111111111111111111111111111111 IN 111111111111111111111111 3729071 11/01/2010 11:49A Weld County, CO 21 of 40_R206.00__0 0.00__Steue Moreno Clerk &_Recorder under this PIRA, and shall be substantially in the form attached hereto as Exhibit B or such other form as may be mutually agreed upon by the Infrastructure Provider and the Town; provided, however, no Credit PIP Revenues shall be disbursed for any certificate of Eligible Costs without the Town's consent, which consent may be withheld only if (i) such certified costs do not qualify as Eligible Costs under the terms, limitations and conditions of this PIRA, (ii) the Credit PIP Release Date has not occurred, (iii) the Cap Amount would be exceeded as a result of such disbursement, or (iv) the submitted certificate is not in conformity with the form attached as Exhibit B hereto; provided further, however, the Town's consent shall be deemed given if the Town neither objects nor consents to the applicable certificate of Eligible Costs within thirty (30) days of submittal thereof to the Town. Section 4.08 Limitation to Cap Amount and Credit PIF Period. To the extent the aggregate total of the Eligible Costs incurred by the Infrastructure Provider exceeds the Cap Amount, or has not been fully reimbursed from Credit PIF Revenues prior to expiration of the Credit PIP Period, the Town shall have no obligation to continue the Sales/Use Tax Credit or to reimburse the Infrastructure Provider for such excess costs; provided, however, that the Infrastructure Provider may utilize Add -On PIF Revenues to pay for such excess costs (including, but not limited to, unreimbursed Eligible Costs), in addition to utilizing Add -On PIP Revenues for any other purposes allowed under the PIF Covenant (including, but not limited to, payment of Financing Costs, payment of costs incurred by the PIP Collecting Agent/Trustee for its services under the PIF Collection Services and Trustee Agreement and/or for audits of the PIF Collecting Agent/Trustee's records). Unless terminated earlier pursuant to Section 4.11 of this PIRA or extended pursuant to Section 4.12 of this PIRA, the Sales/Use Tax Credit shall terminate upon the expiration of the Credit PIF Period. The Town, Owner and the Infrastructure Provider acknowledge that the generation of sales and use tax revenues is entirely dependent upon the success of the Project, and agree that no Party is in any way responsible to any other Party, or to any third party, for the amount of Credit PIP Revenues, Add -On PIF Revenues and sales and use tax revenues actually generated. Section 4.09 Absolute Ceiling on Amounts Payable. The aggregate amount of Credit PIF Revenues that may be disbursed for reimbursement of Eligible Costs pursuant to the terms, limitations and conditions of this PIRA shall not exceed the Cap Amount. As noted in Section 1.01 of this PIRA, Accrued Interest on the unpaid principal balance of the Eligible Costs described in Section 1.21(a) shall begin to accrue from the later of (i) the date the Town grants "conditional acceptance" of the applicable Public Improvements, or (ii) the Credit PIF Release Date. Section 4.10 Annual Appropriation. Nothing in this PIRA is intended to nor shall be construed to create any multiple -fiscal year direct or indirect debt or financial obligation on the part of the Town within the meaning of the Constitution or laws of the State of Colorado. To the extent that any of the Town's obligations under this PIRA are declared by a court of competent jurisdiction to constitute an invalid multiple -fiscal year financial obligation pursuant to Article X, Section 20 of the Colorado Constitution such that the performance of the Town's obligations is thereby prevented or made subject to annual appropriation and it is not possible to reform this PIRA in such a manner as to bring the Town's performance of its obligation outside the scope of a multiple -fiscal year obligation pursuant to Article X, Section 20 of the Colorado Constitution or make the Town's performance of its obligations possible or not subject to annual 901711.6 17 ! 1111111111111 IN 1111111111111111111111111111 3729071 11/01/2010 11:49A Weld County, CO 22__of 40 R_206 00_ 0 0.00 Steve Moreno Clerk &-Recorder. appropriation, the Town's performance shall be conditioned upon annual appropriation by the Board, in its sole discretion. To the extent such obligations are determined to be subject to annual appropriation, the official or employee charged with the responsibility of formulating the budget proposals is hereby directed to include in the budget proposals for each year sufficient funds to meet the Town's obligations under this PIRA. Section 4.11 Acknowledgement of Town's Legislative Discretion. This PIRA shall not be construed to limit the Board's legislative discretion to reduce the rate of or eliminate the Sales/Use Tax Credit, and any such action shall not constitute a breach of or an event of default under this PIRA. Notwithstanding the foregoing, if the Board fails to maintain the Sales/Use Tax Credit in the amount equal to the amount of Credit PIF Revenues imposed and collected on such Taxable Transactions during the Credit PIF Period pursuant to Section 4.02(b) of this PIRA but subsequently re -implements the SaleslUse Tax Credit in such amount, then the Credit PIF Period shall be extended one day for each day during which the Sales/Use Tax Credit was not in effect, which extension shall be Owner's sole right with respect to the Town's failure to maintain the Sales/Use Tax Credit pursuant to Section 4.02(b) of this PIRA. Notwithstanding the foregoing, if the Town does not re -implement the Sales/Use Tax Credit in accordance with this Section 4.11 within ten (10) years of the Board's initial determination to not maintain such Sales/Use Tax Credit, this Section 4.11 shall be void and of no further force or effect, and the Credit PIF Period shall expire as otherwise provided in this PIRA. Section 4.12 Post -Credit PIF Period. If the Town determines after expiration of the Credit PIF Period that termination of the Sales/Use Tax Credit may be precluded by or require a refund under Article X, Section 20 of the Colorado Constitution, the Town may submit a written request that the Owner continue to impose the Credit PIF and that the Infrastructure Provider continue to collect the Credit PIF Revenues and, in the Town's sole discretion, (i) remit the funds therefrom to the Town; or (ii) otherwise expend such funds for the benefit of the Town and direct or indirect benefit of the Property as directed in writing by the Town to Owner, in which case the Sales/`Use Tax Credit shall continue. The Town's written request must be delivered at least ninety (90) days prior to expiration of the Credit PIF Period. Upon timely receipt of the request, Owner shall continue to impose the Credit PIF and the Infrastructure Provider shall continue to collect the Credit PIF Revenues, pursuant to the PIF Covenant and this PIRA, for so long as the Town continues the SaleslUse Tax Credit in effect, and the Infrastructure Provider shall remit (or cause the PIF Collecting Agent/Trustee to remit) to the Town all such Credit PIF Revenues actually collected or expend all such Credit PIF Revenues in accordance with this Section 4.12, less its actual direct and indirect costs and expenses incurred, on a quarterly basis in arrears (i.e., funds for the prior quarter shall be remitted at the end of the subsequent quarter). ARTICLE V AUDIT PROVISIONS Section 5.01 Audits. The PIF Collecting Agent/Trustee, at no expense to the Town, shall prepare and deliver to the Parties no later than the last business day of the first quarter of each calendar year during the term of the PIF Collection Services and Trustee Agreement an unaudited accounting of the Credit PIF Revenues received and disbursed in the prior calendar year. Upon reasonable notice to the other Parties, the Town (at Infrastructure Provider's expense), Infrastructure Provider or Owner (at that Party's expense) shall have the right to audit 901711.6 18 IIIIII IIIII IIIIII IIIIII IIIII IIII Illllf III IIIIIII 11 IN 3729071 11/01/2010 11:49A Weld County, CO 23 of 40 R 206.00 _0 0.00 Steve Moreno Clerk & Recorder the PIF Collecting Agent/Trustee's� books and records related to the PIF Collecting Agent/Trustee's obligations under the PIF Collection Services and Trustee Agreement. The PIF Collecting Agent/Trustee shall be entitled to reimbursement of its cost for preparing the annual unaudited accounting and/or for cooperating in any audit or inspection from the Owner and/or Infrastructure Provider, or in the case of an audit by the Town, from the Infrastructure Provider. The Infrastructure Provider shall provide to the Town (at the Infrastructure Provider's expense) copies of its annual reports, year-end financial reports for the preceding fiscal year and budgets for the current fiscal year, and shall provide to the Town (at the Infrastructure Provider's expense) such other and additional information as reasonably requested by the Town regarding the use of the Credit PIF Revenues. The Town shall have the right at the Infrastructure Provider's expense to audit the Infrastructure Provider's books and records related to the Infrastructure Provider's utilization of Credit PIF Revenues and other obligations pursuant to this PIRA. No audit expenses shall be paid from Credit PIF Revenues. Section 5.02 Audit of Retailers; Enforcement. Pursuant to the PIF Covenant, any person or entity who engages in a Taxable Transaction (including Construction Activities) is subject to audit by the Town (or the Colorado Department of Revenue on the Town's behalf) and/or the Infrastructure Provider regarding such Taxable Transaction which is subject to the Credit PIF. The Town, to the extent that it collects and/or enforces sales or use taxes, and the Infrastructure Provider acknowledge that it is their intent to minimize their respective administrative costs and the administrative burdens imposed upon retailers within the Project and agree that, if one of the Parties exercises its right to audit the Taxable Transactions of a retailer within the Project, it shall provide the other Parties with the opportunity to cooperatively participate in such audit upon payment of a pro rata share of the audit costs, provided that ,such retailer provides its written consent to such cooperative audit to the extent such consent is required under the terms, limitations and conditions of the PIF Covenant or applicable law. If the PIF Collecting Agent/Trustee is unable to collect all or any portion of the Credit PIF due to delinquency, deficiency, or failure to file, such that the Sales/use Tax Credit does not attach to a Taxable Transaction, the PIF Collecting Agent/Trustee shall notify the Infrastructure Provider of such fact. Upon receipt of any such notice, the Infrastructure Provider may, in addition to exercising all of its remedies under the PIF Covenant or otherwise, notify the Town in writing and the Town, to the extent that it collects and enforces sales taxes or use taxes, shall institute the procedures authorized under the Code to enforce and collect the corresponding sales tax or use tax amount, together with any applicable interest, penalties and/or costs. If applicable, the Town shall then remit any such collected tax revenues to the PIF Collecting Agent/Trustee, subject to annual appropriation by the Town and subject to the following conditions: (i) the Town shall be entitled to retain an amount equal to its costs incurred in enforcing its collection of taxes under the Code, as well as an administrative fee equal to ten percent (10%) of any tax and one hundred percent (100%) of any penalty and/or interest actually collected; (ii) the obligation is subject to any prior lien on any Town taxes securing the Town's sales tax or use tax (on building materials only) revenue bonds outstanding as of the Effective Date; (iii) the Town shall have no responsibility to collect any Add -On PIF amounts that may be due and unpaid; (iv) the Town does not guarantee or ensure that it shall be able to collect any delinquent or deficient Credit PIF amounts; and (v) under no circumstances shall the Town be subject to any legal liability to the Infrastructure Provider, Owner, Developers, or any third party on account of the Town's failure to collect some or all of the delinquent or deficient Credit PIF obligations on behalf of the Infrastructure Provider. If the person or entity which failed to timely pay the Credit PIF 901711.6 19 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlflllllllllfllllllllll 3729071 11/01/2010 11:49A Weld County, CO ._24 of 40 R 206.00 O 0.00 Steve Moreno Clerk & Recorderi subsequently remits the delinquent Credit PIF, such payment §hall result in the application of the Sales/Use Tax Credit against such person's or entity's tax obligation, which Sales/Use Tax Credit shall fully satisfy any corresponding liability to the Town for unpaid sales tax or use tax (on building materials only). In such circumstances; the Town shall nevertheless be entitled to retain an amount equal to its administrative fee and any costs incurred in the enforcement and recovery of such Credit PIF Revenues. For avoidance of doubt, any obligations of a Developer under this Section 5.02 shall be subject to the provisions of Section 6.02 of this PIRA. ARTICLE VI DEFAULTS AND REMEDIES Section 6.01 Events of Default. Each of the following shall constitute an "Event of Default" under this PIRA: (a) Defaults by the Town. Events of Default by the Town hereunder shall be limited to the failure to fulfill or perform any express material obligations of the Town or the Board stated in this PIRA, subject to Section 4.11 of this PIRA. (b) Defaults by Developer or Infrastructure Provider. Events of Default hereunder by a Developer or the Infrastructure Provider shall be limited to the following: (1) Knowingly submitting a materially false certification of Eligible Costs under Section 4.07; (2) Utilizing Credit PIF Revenues for any purpose other than the uses permitted by Section 4.06 hereof; or (3) Failure by the Infrastructure Provider to perform the obligations set forth in Section 4.01(b) hereof, excepting any obligations with respect to the Add -On PIF Revenues; (4) Failure to fulfill or perform any other express material obligation of Developers stated in this PIRA. (c) Defaults by Owner. Subject to subparagraph (b) above, Events of Default by Owner hereunder shall be limited to the failure to fulfill or perform the obligations of Owner stated in Section 4.01(c) of this PIRA. (d) Notice; Cure Period. In the event of any claimed default by a Party, the non -defaulting Party shall give the defaulting Party and the other Parties and any lender who has provided a written request for notice pursuant to Section 7.10 of this PIRA not less than thirty (30) days' written notice and opportunity to cure, which notice shall specify the nature of the Event of Default and shall request that it be corrected within said 30-day period (the "Cure Period"). A lender who has provided a written request for notice pursuant to Section 7.10 of this PIRA shall have the right, but not the obligation, to cure the asserted default as provided in this Section 6.01(d). No act, event or omission shall be an Event of Default hereunder if the defaulting Party's failure to perform is caused by force majeure or by any act, omission or Event 901711.6 20 IIIIIIIIIIIIIilllllllllllllllllllllilllllllllllllllllll 3729071 11/01/2010 11:49A Weld County, CO 25 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder of Default by another Party, or so long as the defaulting Party has in good faith commenced and is diligently pursuing efforts to correct the condition specified in such notice. Section 6.02 No Cross -Defaults. No default or breach by any particular Developer or the Infrastructure Provider of any obligation of that Party under this PIRA shall be construed as or constitute a default or breach of any other Party or constitute a basis for the Town to assert or enforce any remedy against any Party other than the particular Party whose action or failure to act constitutes or gives rise to the default or breach. No default or breach by any particular Developer or the Infrastructure Provider of any obligation of that Party arising under any agreement other than this PIRA shall be construed as or constitute a default or breach of this PIRA or constitute a basis for the Town or the Board to assert or enforce any remedy against any Party under the terms of this PIRA. No default by any Party to this PIRA in the performance of any obligation of that Party under this PIRA shall constitute or be deemed to constitute a default of any obligation of that Party under any other agreement or to excuse the performance by any other Party under any other agreement to which that Party is a party. Section 6.03 Remedies. The following remedies shall be available for Events of Default that are not cured within the applicable Cure Period: (a) Remedies of the Town. The Town's remedies for an Event of Default by the Owner, Infrastructure Provider or a Developer that is not cured within the applicable Cure Period shall include, but not be limited to: (1) The right to enforce the defaulting Owner's, Infrastructure Provider's or Developer's obligations hereunder by an action for injunction or specific performance; and/or (2) The recovery of damages resulting from an Event of Default under Section 6.01(b)(1) and Section 6.01(b)(2) of this PIRA; and/or (3) The right to terminate, without liability, the Sales/Use Tax Credit for any period during which there has occurred, and is continuing to occur, an Event of Default under Section 6.01(b)(1) or Section 6.01(b)(2) of this PIRA. (b) Remedies of Developers and Infrastructure Provider. Developers' and the Infrastructure Provider's remedies for an Event of Default by the Town that is not cured within the applicable Cure Period shall be strictly limited to an action for specific performance and to no other remedy, and Developer or the Infrastructure Provider shall not be entitled to or claim any form of damages, including, without limitation, lost profits, economic damages, or incidental, consequential, punitive or exemplary damages. Section 6.04 Waiver and Indemnity. (a) In consideration of the Town entering into this PIRA, the Owner, each Developer and the Infrastructure Provider, for themselves and their respective successors and assigns, expressly and unconditionally waive any claim for any form of damages, including without limitation lost profits, economic damages, or incidental, consequential, punitive or exemplary damages, arising from any breach of this PIRA by the Town, the Board or anyone acting on its or 901711.6 21 1111111111111111111111111111111111111111111111111111111 3729071 11101/2010 11:49A Weil County, CO 26__ofAG_R_206.00—D_0..00—Steve_Moreno_Clark&_Bernrdar' their behalf, and covenant that, in connection with the subject matter of this PIRA, they shall assert no claims against the Town, the Board or anyone acting on its or their behalf and seek no relief of any kind in any court or administrative tribunal, other than those remedies expressly provided in Section 6.03. (b) Subject to Section 6.02 of this PIRA, the Owner, each Developer and the Infrastructure Provider, and their respective successors and assigns, shall indemnify and hold harmless the Town, the Board, and Town officers, agents, and employees (collectively, the "Related Parties") against all claims, demands, liabilities, damages and other awards (except punitive or exemplary damages) including the costs of defense thereof to such Related Parties, which Developers hereby assume and agree to pay as incurred (collectively, the "Covered Losses"), brought or obtained in connection with: (i) the execution, delivery or performance of this PIRA and its authorizing enactments, which indemnification obligation shall be joint and several; and (ii) to the extent Owner has assigned or transferred all or any portion of its interests, rights, or obligations under this PIRA to Developer(s) in accordance with Section 7.01, each Developer and the Infrastructure Provider shall further indemnify and hold harmless the Related Parties with respect to any Covered Losses incurred in connection with the construction, operation or financial viability of that Developer's or the Infrastructure Provider's portion of the Project, which indemnification obligations shall be several; provided, however, such indemnity and hold harmless obligation shall not extend to any Public Improvements that have been finally accepted by the Town after the applicable warranty periods as set forth in the applicable Development Agreement(s); provided further, however, that the Related Parties shall furnish prompt notice of any claim to the Developer from whom they are seeking indemnification and that Developer's successors and assigns shall admit no liability without advance written consent by the applicable Developer and its successors and assigns, and shall not settle any such claim or demand without consent by the applicable Developer and its successors and assigns. Owner shall pay the Town's engineering, consulting and attorneys' fees for the negotiation, drafting and execution of this PIRA. (c) Each Developer and the Infrastructure Provider, for themselves and their respective successors and assigns, specifically covenant and agree, in addition to any other amounts that may be recoverable by the Town hereunder from such Developer and/or Infrastructure Provider, that the applicable Developer and/or Infrastructure Provider shall reimburse to the Town any amounts determined to have been paid to such Developer and/or Infrastructure Provider in excess of the Developer's and/or Infrastructure Provider's allocable share of the Eligible Costs pursuant to the terms, limitations and conditions of this PIRA. (d) Notwithstanding any other provision of this PIRA., this Section 6.04 shall survive termination of the PIRA and be enforceable until all legal causes of action are precluded by the longer of the applicable statutes of limitation or notice of claim filing requirements of the Colorado Governmental Immunity Act, for claims subject to such notice requirement. Section 6.05 No Joint Venture or Partnership. Nothing contained in this PIRA is intended to create a partnership or joint venture between all or any of the Parties, or their respective successors and assigns, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this PIRA does not provide for the joint exercise by the Parties of any activity, function or service, nor does it create a joint enterprise, nor does it 901711.6 22 IIIIII I I 3729071 I I I I1II I I I I l 11/01/2010 ii111111111t 11:49A 111111111111111111 IN Weld County, CO —27 of40_R_20&.00_Q 0..00_Steve_Moreno_Cleric_&_Recorder,, constitute any Party as an agent of any other Party for any purpose whatsoever. Except as otherwise provided under this PIRA, no Party shall in any way assume any of the liability of any other Party for any acts or obligations of the other Party. ARTICLE VII MISCELLANEOUS Section 7.01 Assignment; Binding Effect. (a) This PIRA shall be binding upon and, except as otherwise provided in this PIRA, shall inure to the benefit of the successors in interest or the legal representatives of the Parties. After its formation, an authorized signatory of the Infrastr-acture Provider shall execute this PIRA for the purpose of the Infrastructure Provider becoming a Party hereto. The Infrastructure Provider's execution of this PIRA shall not require the approval of the Board or the consent of any Party, and shall become effective as of the date of such execution. The Infrastructure Provider shall deliver the executed PIRA to the Parties in accordance with Section 7.10 and any Party may record same in the Records; provided, however, as between the Parties, the PIRA executed by the Infrastructure Provider shall be effective, valid and enforceable without respect to recordation of the same in the Records. (b) Owner and the Infrastructure Provider shall have the right to assign or transfer all or any portion of their respective interests, rights, or obligations under this PIRA only upon receiving the prior written consent of the Town, provided that to the extent Owner or Infrastructure Provider assigns any of their respective obligations under this PIRA, the assignee of such obligations shall expressly assume such obligations. Notwithstanding the foregoing, Owner and/or the Infrastructure Provider may assign, without the requirement of obtaining the Town's written consent, their respective rights to receive reimbursement of Eligible Costs under this PIRA and the PIF Collection Services and Trustee Agreement as collateral to a lender or other person or entity providing financing for construction and development or operating costs for the Project and/or the Public Improvements. Section 7.02 Amendment of this PIRA. (a) Written Amendment Required. Except as otherwise set forth in this PIRA, this PIRA may be amended, terminated or superseded only by mutual consent in writing of each of the Parties, and approved by resolution or ordinance of the Board. (b) Effectiveness and Recordation. Any written amendment executed pursuant to subparagraph (a) of this Section 7.02 shall be effective upon the later to occur of (i) execution by all required Parties, or (ii) the effective date of the ordinance or resolution approving such amendment. Promptly after any amendment to this PIRA becomes effective, the Town shall cause it to be recorded at Developers' cost in the Records. As between the Parties, the validity or enforceability of such an amendment shall not be affected by any delay in or failure to record the amendment as provided herein. Section 7.03 Entire Agreement. Except for the Approved Plans, the .Development Agreement(s), the PIF Collection Services and Trustee Agreement and that certain Development Agreement Pertaining to Vested Property Rights entered into by the Parties on or about even date 901711.6 23 3729071 11101/2010 11:49A Weld County, CO 28. of _ 40 fi. 206.00 _D 0.00! Meve.Moreno Clerk &_Recorder' herewith, to the extent those documents supplement, implement or complement the provisions of this PIRA, this PIRA constitutes the entire understanding among the Parties with respect to the subject matter hereof Section 7.04 No Implied Terms. No obligations, agreements, representations, warranties or certificates shall be implied from this PIRA beyond those expressly stated herein. Section 7.05 Headings for Convenience. The headings and captions used herein are for the convenience of the Parties only and shall have no effect upon the interpretation of this PIRA. Section 7.06 Applicable Law. This PIRA shall be interpreted and enforced according to the laws of the State of Colorado. Section 7.07 Litigation. The Parties shall cooperate in the defense of any legal action brought to contest the validity or enforceability of this PIRA as noted in Section 3.02. Owner (prior to the Infrastructure Provider becoming a Party to this PIRA pursuant to Section 7.01, as applicable) or the Infrastructure Provider (after becoming a Party to this PIRA pursuant to Section 7.01, as applicable) shall pay all reasonable costs and reasonable attorneys' fees incurred by the Town in defense of any such action, in consideration of which Owner or the Infrastructure Provider, as applicable, shall be entitled to have its legal counsel act as lead counsel in any such litigation. Owner or the Infrastructure Provider, as applicable, further agree to pay any monetary judgment that may be entered against the Town in any such action; provided, however, that such monetary judgment does not exceed the amount of any Credit PIF Revenues receivable from the PIF Collecting Agent/Trustee pursuant to this PIRA. Notwithstanding any other provision of this PIRA, this Section 7.07 shall survive termination of the PIRA and be enforceable until all legal causes of action are precluded by applicable statutes of limitation or notice of claim filing requirements of the Colorado Governmental Immunity Act, for claims subject to such notice requirement. The PIF Collecting Agent/Trustee shall have no obligation to disburse Credit PIF Revenues while any legal action is pending concerning the validity or enforceability of this PIRA; provided, however, that the PIF Collecting Agent/Trustee shall continue to receive any disputed Credit PIF Revenues and to maintain such Credit PIF Revenues in a separate account pending a final judicial determination of invalidity, at which time the accrued Credit PIF Revenues shall be disbursed to either the Infrastructure Provider or the Town as otherwise provided in this PIRA and in the final judicial determination. Section 7.08 Severability. Should the accounting required under this PIRA and/or the Sales/Use Tax Credit and/or the Credit PIF be judicially adjudged illegal, invalid or unenforceable under present or future laws effective during the term of this PIRA or contrary to public policy by a court of competent jurisdiction in a final non -appealable judgment, the Parties shall utilize their reasonable, good faith efforts to restructure this PIRA, together with any necessary related agreements or instruments, or to enter into a new agreement or agreements, consistent with the purposes of this PIRA.. Should the Parties be unsuccessful in their efforts, this PIRA shall immediately terminate without penalty or recourse to any Party. Otherwise, should any one or more provisions of this PIRA be judicially adjudged illegal, invalid or unenforceable under present or future laws effective during the term of this PIRA or contrary to public policy by a court of competent jurisdiction in a final non -appealable judgment, without a 901711.6 24 'Ifllllllllllfffllllllllf flllllfllllllllffllllllllllllll 3729071 11/01/2010 11.49A Weld County, CO —29 of 4Q R ZQ6—&O D_0_OQ Steve Moreno Clerk &_Recorder 1 corresponding determination being made with regard to the Sales/Use Tax Credit, Credit PIF, accounting, or other term or provision of this PIRA necessary to implement the financing plan for the Public Improvements, such provision or provisions shall be fully severable, and the remaining provisions of this PIRA shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by the severance of such provision from this PIRA. Section 7.09 Initiative and Referendum. If this PIRA or any portion thereof is challenged by initiative or referendum, including any judicial contest to the outcome thereof, then, to the extent so challenged or performance of any portion of the PIRA is rendered impossible, the provisions of this PIRA, together with the duties and obligations of each Party, shall be suspended pending the outcome of the initiative or referendum election and the judicial contest, if any; and a period equal to the period of such suspension shall be deemed automatically added to every right and obligation herein which is required to be performed or which accrues within a specified time. If the initiative or referendum results in voiding of this PIRA or any portion thereof, then the provisions of Section 7.08 shall apply as if the election were an action of a court. If the initiative or referendum fails, then the Parties shall continue to be bound by all of the terms of this PIRA. Section 7.10 Notices. All notices, certificates, reports or other communications hereunder shall be deemed given when personally delivered, or after the lapse of five (5) business days following their mailing by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To the Town: With a required copy to To Owner: With a required copy to: Town of Firestone 151 Grant Ave., Box 100 Firestone, CO 80520 Attn: Town Manager Light, Harrington & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, Colorado 80202 Fairview Estates LLC 1425 Onyx Circle Longmont, CO 80504 Attn: Dales Bruns Otten, Johnson, Robinson, Neff + Ragonetti, P.C. 950 Seventeenth Street, Suite 1600 Denver, CO 80202 Attn: Munsey L. Ayers . Any Party may designate a different notice address by written notice to the other Parties delivered in accordance with this Section 7.10. Additionally, any lender or other party providing financing for the Project that is secured in part by a pledge or assignment of a Developer's or 901711.6 25 IIIIII IIIII IIIIII IIIIII IIIII IIII IIIIII III IIII IIIII Illl 3729071 11/01/2010 11:49A Weld County, CO 30 of 40 R 206.00 D 0.00 Steve_Moren_o Clerk & Recorder/ Infrastructure Provider's rights under this PIRA to receive reimbursement for Eligible Costs from the Credit PIF Revenues may provide the Parties with written notice of its desire to receive simultaneous notices under this Section 7.10 setting forth the address for notices, and any Party which has received such written notice shall provide simultaneous notice to such lender or other party in accordance therewith. Section 7.11 Term; Termination. Unless terminated earlier pursuant to the terms set forth herein, this PIRA shall terminate upon the Parties' full performance of their respective obligations under Section 4.04 of this PIRA regarding disposition of Credit PIF Revenues held by the PIF Collecting Agent/Trustee following expiration of the Credit PIF Period. Section 7.12 Public and Governmental Actions. Owner, Developers and the Infrastructure Provider acknowledge that the review and approval, conditional approval or disapproval of the development plans and subdivision plats for the Project are subject to the legislative, quasi-judicial or administrative authority of the Board. No assurances of approval for any specific development plan or subdivision plat have been made by the Town or the Board, and neither Owner, Developers nor the Infrastructure Provider have relied on any such assurance of approval or assumption regarding any future approval for the Project. Section 7.13 No Waiver or Repeal by Town. Nothing contained in this PIRA shall constitute or be interpreted as a repeal of any existing ordinances or codes, or as a waiver or abnegation of the Town's legislative, governmental or police powers to promote and protect the health, safety, morals and general welfare of the Town or its inhabitants. Section 7.14 Counterparts. This PIRA may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. [Signature and Notarization Pages Follow This Page] 901711.6 26 IIIIIIIIiIIIIIIIIIlIIlIIIIIIIlIIIIIIIIIIIIIiItllllllill 3729071 11/0112010 11:49A Weld County, CO I ,�--31_ot 40 R_200.00_O_0.00 Steve_Moreno_Clerk_&_Recorder,' IN WITNESS WHEREOF, the Parties have executed this PIRA as of the day and year first written above. I o ATTEST: j� • STATE OF ) ss COUNTY OF ) TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado C- � -� A-:�' Chad Auer, Mayor The above and foregoing signature of Chad Auer, as Mayor, on behalf of the Town of Firestone, a municipal corporation of the State of Colorado, was subscribed and sworn to before me this day of , 2009. Witness my hand and official seal. My commission expires on: (SEAL) 901711.6 27 I liilll iilii Illill illiil Ililliliillliillilllilliillliil � 3729071 11/01/2010 11:49A Weld County, CO �,-32 of 40 R 20fi.UU D 9 00 Stele Moreno Clerk & Recorder' OWNER: FAIRVIEW ESTATES LLC, a Colorado limited liability company By: Title: STATE OF COLOR -ADO } ) ss. COUNTY OF The 'foregoing instrument was acknowledged before me this day of 2009, by - 2 , as ' ,�14 f FAIRVIEW ESTATES LLC, a Colorado limited liability company. Witness my hand and official seal. TARA GARCIA Notary Public 1r: NOTARY PUBLIC STATE O� CQL4RAD0 My commission expires: l My COMMIS.. a�1m1 ton EXPIFer, 07117�R910 901711.6 29 -� Ifllllllllllllllllllliiilllllilllllllillllllllllllllill ' 3729071 11/01/2010 11:49A Weld County, CO �. �33 of 40 R 206.00 0 0.00 Steve Moreno Clerk & Recorded . [TO BE EXECUTED BY INFRASTRUCTURE PROVIDER IN ACCORDANCE WITH SECTION 7.01] INFRASTRUCTURE PROVIDER:. [Infrastructure Provider entity name] By: Name: Title: ATTEST: STATE OF COLORADO } ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by as of [Infrastructure Provider entity name]. Witness my hand and official seal. Notary Public My commission expires: 901711.6 29 ' 1 IIIIII II��� 3729071 IIIIII ����II 11/01/2010 III�� 11:49A �I�I III��! III II��� IIII I��i Weld County, CO 34 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Reeorde Exhibit A Legal Description of the Property A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6' PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE -QUARTER CORNER OF SECTION 5 WHENCE THE SOUTHWEST CORNER OF SECTION 5 BEARS SOUTH 01'05'44" WEST 2,631.81 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5 SOUTH 89°08'43" EAST 1255.28 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 01'05'44" WEST 1,298.79 FEET; THENCE NORTH 88°54' 16" WEST 1,255.27 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01°05'44" EAST 1,293.52 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 37.351 ACRES MORE OR LESS. TOGETHER WITH ALL THAT PORTION OF LOT A AND A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 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: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE -QUARTER CORNER OF SECTION 5 BEARS SOUTH 88°54'04" EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01'05'44" EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NORTH 01'05'44" EAST 1,298.20 FEET; THENCE LEAVING SAID WEST LINE SOUTH 88°54' 16" EAST 1,255.27 FEET; THENCE SOUTH 01'05'44" WEST 1,222.96 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF- WAY LINE SOUTH 87°39'56" WEST 1,257.52 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 36.326 ACRES MORE OR LESS. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 73.677 ACRES MORE OR LESS. Date Prepared: July 24, 2009 Exhibit A Page 1 901711.6 IIIIII IIIII IIIIII IIIIII IIIIIII IN IIIIIIIIII 11111111111111111111 3729071 11/01/2010 11:49A Weld County, CC ._a5 of 4_ R 206.00 C 0.00 Steve Moreno Clerk &Recorder, Exhibit B Form of Certification for Reimbursement of Eligible Costs REQUISITION/CERTIFICATION NO. [PIF Collecting Agent/Trustee] [address] [address] [address] Re: Requisition for Reimbursement of Eligible Costs for Firelight Park Pursuant to Section _ of the PIF Collection Services and Trustee Agreement, dated as of 200 (the "PIF Trustee Agreement"), between Fairview Estates LLC, a Colorado limited liability company, [Infrastructure Provider] and [PIF Collecting Agent/Trustee], [Infrastructure Provider] hereby requests [PIF Collecting AgentlTrustee] to disburse Credit PIF Revenues from the Credit PIF Trust Account as detailed on the attached Appendix A and/or Appendix B. The Credit PIF Revenues so disbursed shall be used pursuant to and in accordance with the provisions of the PIRA (as defined in the PIF Trustee Agreement). The Eligible Costs for which reimbursement is requested are proper charges against the Credit PIF Trust, Account and have not been the basis of any previous Requisition. If this Requisition requests reimbursement of the principal, it is accompanied by a completed Appendix A certified by a licensed and registered Colorado civil engineer and if this Requisition requests reimbursement of Accrued Interest and/or Financing Costs (as those terms are defined in the PIF Trustee Agreement), it is accompanied by a completed Appendix B. The signature of the authorized officer of the requesting entity set forth below certifies that the amounts set forth in Appendix A and/or Appendix B actually have been incurred and are Eligible Costs for reimbursement from the Credit PIF Trust Account in accordance with the terms, limitations and conditions of the PIRA and the PIF Trustee Agreement. A copy of this Requisition has been forwarded to the Finance Director of the Town in accordance with the provisions of the PIRA and the PIF Trustee Agreement. Appendix A shall be accompanied by copies of paid invoices or paid construction payment applications. Each of the documents shall include a numerical notation in the upper right-hand corner coinciding with the appropriate Appendix A line item and the documents shall be organized in this numerical order. The total amount submitted for reimbursement to the requesting entity through the date hereof, including the amount requested by this Requisition, is $ consisting of $ of principal and $ of Accrued Interest and $ of Financing Costs. The total amount actually received by the requesting entity to date is $ , consisting of $ of principal and $ of Accrued Interest and $ of Financing Costs. Exhibit B Page 1 901711.6 I IIIIII lull llllll llllll lull illl llllll 111lull 1111 IN 3729071 11/01/2010 11:49A Weld County, CO �-36_of40_ R_206.00—D_0.Q0--5teve_Moreno Clerk &_Recorder. ) WITNESS my hand this day of , [Infrastructure Provider] Authorized Officer Exhibit B Page 2 901711.6 11111111111111111111fllllllllllllllllllllllllllllllllll 3729071 11/0112010 11:49A Weld County, CO I,— 37 of 40 R_206_.00 D 0.00 Steve Moreno Clerk & Recorder . Appendix A to Requisition/Certification No. _ Schedule of improvements and Eligible Costs < �e - e 6 ? m i cB a . � 51:t 119 ,Irenrrnues �Fsp�t�kktlln ..kkl!NN 3' F3WEWStrom IM -M ETWZ {ioel_ ra dad s $S, ,C10Lt { to 5 RNIC WMEFTMA R Iic3iariFYat :Imgat-sy! s— Fay Siada�n to 5, R; dscliocit�Eitoa�# R014 anWor Y Ptak SaftvySmwX l'Sl= C16"141;[HiH Tmn Remimed RawMgr:. d PtbdVPmned, so 39x75gd SD Sa Gasesnd" sunreyms i514 of SL&tatI 14.. ` C1e5 Eis °semi #8°& df 3 St l>f < .",.�s;B -8A € e E � �3C,Y {i)Tct�lmst t in6ar�2me cEm v iaiitr� �rrsm3y vaYkrtda$gsega ai it66&t ed dii Cap Mwtof�& Pa. {iij k*Adal 1r4,i4 are'c d shbi►n .. �Q35tCf7la &11�5�>k7:: ._ ! IIIIIIIIIIIfIIIIIIIIIfIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIII! 3729071 11/01/2010 11:49A Weld County, CO 38 of 40 R 20fi.00 O 0.00 Steve Moreno Clerk & Recorders Appendix B to Requisition/Certification No. Schedule of Accrued Interest/Financing Costs ' SCrE 3,ti is '. -. +5 s phon of AccrueInterest/FinancingCostsCalcuiatzon _ �. p,�'uM�d 'L`k?�+. yi t��'$n.".tdNlG ToAr5 AeenzecInterest, LZ 'o�A�°unto° NC FinaneingCosts Total for this Cerfification: llllll lllll liilll IIIIIIIIIII IN 11111111111111 IN IN 3729071 11/01/2010 11:49A Weld County, CO 39 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder. Exhibit C Illustrative Schedule of Public Improvements and Eligible Costs The Public Improvements costs shown below and their distribution among the categories of Public Improvements are estimates only. The Parties acknowledge that the total estimated costs of the Public Improvements set forth below, inclusive of the permitted amounts for construction engineering, construction surveying and engineering based on the applicable percentages of such estimated costs of the Public Improvements, equals $15,682,500, which is in excess of the total amount of Credit PIF Revenue available to be disbursed hereunder for such amounts (the Cap Amount of $6,000,000, excluding Accrued Interest and Financing Costs). Furthermore, detailed engineering design has not yet been completed for the Public Improvements and therefore such costs may be re -allocated among the categories below, subject to the overall Cap Amount and the percentage caps set forth below with respect to construction engineering, construction surveying and engineering. The Parties acknowledge that the below listing of cost estimates does not in any way increase or modify the Cap Amount. General Description of Potentially Eligible Improvements Cost 1 State Highway 119 Improvements with Right In Right Out $800,000 2 Traffic Signal Improvements (currently anticipated at State Highway 119 and Fairview Street) $350,000 3 Fairview Street Improvements (including railroad crossing/signals/gates) 3 $1,500,000 4 Public Water Lines (on -site) $500,000 5 Public Water Tank $2,500,000 6 Public Water Lines (off -site) $2,500,000 7 Public Raw Water Irrigation System & Pump Station $250,000 8 Acquisition of Road Rights -of -Way and/or Off -Site Utility Easements (off -site only, not property currently owned by Owner) $400,000 9 Public Sanitary Sewer and Storm Drainage $1,450,000 10 Town Required Raw Water $1,500,000 11 Landscaping of Publicly Owned Property $1,000,000 12 Construction Engineering 10% 13 Construction Surveying 5% 14 Engineering 8% 1 Public Improvements eligible for reimbursement are subject to the limitations outlined in this PIRA. Public Improvements shall be owned by the Town, a District (with prior written approval of the Town, which may be within the District's service plan or otherwise documented), a water and/or sanitation district or CDOT (provided no third -party water district may own or operate water facilities within the Town or supply water to the Property without the prior express written consent of the Town). 2 The costs represented in this Exhibit C are estimates only, and may be redistributed among the categories as described above, subject to the limitations set forth above. The categories of the Public Improvements eligible for reimbursement under this PIRA, set forth above identify the general types of improvements eligible for reimbursement under the terms of this PIRA , subject to the Cap Amount. In no way shall this Exhibit C be construed as an approval of any aspect of reimbursement, nor shall this Exhibit C be interpreted to represent that any particular Public improvement shall be constructed or to represent an exclusive or exhaustive listing of all particular Public Improvements that could be constructed and be eligible for funding under the Cap Amount. All reimbursements are subject to Town review and approval as set forth in this PIRA. 3 Notwithstanding any contrary provision of this PIRA, reimbursement from Credit PIF Revenues as an Eligible Cost of the costs of any portion of the Fairview Street Public Improvements within the jurisdictional limits of the City of Longmont shall be subject to Town approval in the sole discretion of the Town, and any such approval is to be by resolution of the Board. 4 The Public Irnprovements eligible for reimbursement under the terms of this PIRA are generally anticipated to be designed and constructed within the general specifications of the Code and other applicable Town ordinances, rules and regulations. Should Public Improvements eligible for reimbursement be designed and constructed that significantly exceed the Town's requirements (at Developer's or Infrastructure Provider's discretion), such Public Improvements may only be eligible for reimbursement based on the cost associated with typical Town requirements. Any deviation from Town requirements shall be approved in writing by the Town prior to construction, and the full reimbursement of such costs shall be at the Town Board's discretion. 5 Represents the dollar amount that may be expended on such cost, as a percentage of the total hard costs (labor and materials) of the related Public Improvement set forth in line items I through 11. Exhibit C Page 1 901711.6 IIII 44 IIII II II �� ��1 III�I ��1! I�f� 11 3729071 11/01/2010 11:49A Weld County, CO 40 of : 40 R 20600 0.00 St-e-v-e_Moreno Clerk_& ;Recorder Exhibit C Page 2 901711.6 ---� I lillll Illii Illlll illlll IIIII Illl Illiil III IIIII llll lilt 3729073 11/01/2010 11:49A Weld County, CO _i of 13 R 71.00 C 0.00 Steve Moreno Clerk &ecortler r ORDINANCE NO. 721 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING A DEVELOPMENT AGREEMENT PERTAINING TO VESTED PROPERTY RIGHTS WITH FAIRVIEW ESTATES LLC PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AND AUTHORIZING EXECUTION OF SUCH AGREEMENT NOW THEREFORE BE IT ORDAINED .BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Recitals. A. C.R.S. §§ 24-68-104(2) authorizes local governments to enter into development , agreements with landowners to provide vested property rights for a period exceeding three years. B. The Board of Trustees of the Town of Firestone, Colorado ("Town") has determined to enter into a Development Agreement Pertaining to Vested Property Rights ("Development Agreement") with Fairview Estates LLC ("Owner") for property commonly referred to as Firelight Park, establishing a vested property right, and further finds and determines that vesting of property rights under the Development Agreement for a period exceeding three years is warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. C. All notices required for the public hearing(s) at which the Development Agreement and this ordinance have been considered by the Town were properly and timely published, posted and/or mailed in accordance with all applicable laws, and such public hearing(s) were held in accordance with all applicable laws. D. The effectiveness of the Development Agreement is conditioned upon the recordation in the real property records of Weld County, Colorado of annexation ordinances and annexation maps with respect to the annexation of the property described in the Development Agreement to the Town. Section 2. All -actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Development Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 3. The Development Agreement, a copy of which is attached hereto as Exhibit A and incorporated by this reference, is hereby approved. Section 4. The Development Agreement and Outline Development Plan (approved with conditions by Ordinance No. 676) are hereby designated as the approved site specific development plan for the property described in the Development Agreement, establishing a vested property right as and to the extent set forth in the Development Agreement and pursuant to C.R.S. §§ 24-68-101, et seq., and Chapter 17.42 of the municipal code of the Town as implemented in the Development Agreement. 898024.1 Illlii����� Ililll Ill�IiIIIII IIiiIIIIII 111111111111 IN 3729073 11/01/2010 11:49A Weld County, CO �2_of_ 13_R_7i..00_�_0.00_Steve_Moreno_Clerk &_Recorder Section 5. The Mayor and Town Clerk are hereby authorized to execute the Development Agreement on behalf of the Town, on condition that the Development Agreement is first executed by Owner; provided, however, that the Mayor is hereby further granted the authority to negotiate and approve such revisions to the Development 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 Development Agreement are not altered. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 7. Within 14 days after the passage of this ordinance a notice shall be published in the designated newspaper for legal publications of the Town that advises the public of (a) the approval of a site specific development plan and creation of a vested property right, (b) the general type and intensity of uses approved in the site specific development plan and a reference to this ordinance, and (c) the description of the subject property which shall include a legal description and a vicinity description by reference to the adjacent or nearest road intersection. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 23rd day of Jam, 2009. Attest: RESTo To SEAL ! c f 0 �. O%- ..... ov NrY, TOWN OF FIRESTONE Chad Auer Mayor 0) IIIIIlIIIIIIIIIIIIIIIIIIIIIIIIff llllllllfllllllfllllll 3729073 11/01/2010 11:49A Weld County, CO �-3_of 13_R 71..00-0_0.00_Steve_Moreno_Clerk&_Recorder' EXHIBIT A Development Agreement {On File in the Office of the Firestone Town Clerk) Rease Retury p' 0o Town of Firestone P• 0. Box 100 Firestone, CO 00520 Illlllllllllllllfllllllllllllllllilllllllllllllllllilll 3729073 11/01/2010 11:49A Weld County, 00 4of 13 R 71_.0Q__ Q Q.Oq St_ev_e Moreno Clerk &_Recorder "Approval of this Development Agreement Pertaining to Vested Property Rights creates a . vested property right pursuant to Article 68 of Title 24, C.R.S., as amended.** DEVELOPMENT AGREEMENT PERTAINING TO VESTED PROPERTY RIGHTS (FIRELIGHT PARK ANNEXATION) THIS DEVELOPMENT AGREEMENT PERTAINING TO VESTED P4OPERTY RIGHTS (this "Vesting Agreement") is made and entered into as of the ay day of Je nn)QAr , 2009, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (together with its successors and assigns, the "Town"), and FAIRVIEW ESTATES LLC, a Colorado limited liability company (together with its successors and assigns, "Owner"). RECITALS A. Owner is the owner of certain real property, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"), and intends to develop the Property as a phased, mixed -use development including, but not limited to commercial/retail, office, employment and residential uses (the "Project"), all as more fully and specifically set forth in and subject to the terms and conditions of the Outline Development Plan for Firelight Park as approved with conditions by the Town Board of Trustees (`Board") and as may be amended from time to time ("ODP"). B. In connection with the Board's approval of this Vesting Agreement, the Town will adopt or has adopted an ordinance approving a public improvements reimbursement agreement ("PIRA") for the Property. The Town previously has adopted ordinances approving annexation, PUD zoning, and the ODP, and has approved an annexation agreement ("Annexation Agreement") for the Property. C. The Town has approved or may approve the following documents for the Project, which will be in the form required and approved by the Town, as amended from time to time with the approval of the Town and the applicable developer: (i) the ODP; (ii) the PIRA; (iii) each Preliminary Development Plan and each Final Development Plan (as such terms are defined in the municipal code of the Town ("Code") in effect from time to time) for all or any portion of the Project; (iv) each Preliminary Plat and each Final Plat (as such terms are defined in the Code in effect from time to time) for all or any portion of the Project; and (v) each subdivision or development improvement agreement for all or any portion of the Project (collectively, the "Approved Plans"). D. Development of the Property will require that Owner make substantial, initial investments in infrastructure improvements, public facilities and related improvements, which improvements will serve the needs of the Property and the Project and will include, but are not limited to, the Public Improvements as defined in the PIRA, and such investments can be supported only with assurances that development of the Property can proceed to completion as provided in this Vesting Agreement. 901712.4 1 I IIIIII Illli IIIIII IIIIII IIIII IIII IIIIII III IIIII IIII Illl 8729073 11/01/2010 11:49A Weld County, CO 5 of 13 R_71.00 D 0.00 Steve _Moreno Clerk & Recorder E. CKS. §§ 24-68-101, et seq. ("Vested Property Rights Statute"), and the Code (specifically, Section 17.42.090 of the Code) provide for the establishment of vested property rights in order to advance the purposes stated therein and in this Vesting Agreement, and authorize the Town to enter into agreements with landowners providing for vesting of property development rights for periods of greater than three years. F. Development of the Property in accordance with the Approved Plans and this Vesting Agreement is anticipated to provide for, among other things, orderly and well -planned growth, promote economic development and stability within the Town, ensure reasonable certainty, stability and fairness in the land use planning process, foster cooperation between the public and private sectors in the area of land use planning, and otherwise achieve the goals and purposes of Firestone Master Plan and Code. G. In exchange for the foregoing benefits and the other benefits to the Town contemplated by this Vesting Agreement, together with .the public benefits served by orderly and well planned development of the Property, Owner desires to receive vested property rights in the Approved Plans according to this Vesting Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Town and Owner (each a "Party" and collectively, the "Parties") contained herein, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1 VESTED PROPERTY RIGHTS 1.1 Vesting of Property Rights. During the vesting periods set forth in Section 1.3, Owner will have a vested property right, pursuant to the Vested Property Rights Statute and the Code as implemented in this Vesting Agreement, from time to time, to undertake development and complete development and use of the Property according to the constituent elements of the Approved Plans approved by the Town prior or subsequent to the "Effective Date," as defined in Section 4,6 (collectively, the "Vested Property Rights"). During such vesting periods, the Town will not initiate, take or maintain any zoning or land use action which would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development of the Property according to any constituent elements of the Approved Plans approved by the Town prior or subsequent to the Effective Date, except as set forth in §§ 24-68-105(1)(a) & (b) of the Vested Property Rights Statute or as permitted pursuant to this Vesting Agreement. This Vesting Agreement will not preclude the application of life safety codes that are general in nature and are applicable to all property subject to land use regulation, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Owner acknowledges that application of such codes, as well as federal and state requirements (including without limitation CDOT access requirements) may adversely affect the ability of Owner to recognize the densities or uses otherwise set forth on the Approved Plans. Notwithstanding any provisions of the Code to the contrary, no constituent element of the Approved Plans approved by the Town, whether prior or subsequent to the Effective Date, will lapse or expire during the vesting periods set forth below. 901712.4 2 11111111111111111111111111111111111111111111111111111 IN 3729073 11/01/2010 11:49A Weld County, CC 6 of 13 R 71.00_ 0 0.00 Steve Moreno Clerk & Recorder 1.2 Site Specific Development_ Plan. For purposes of this Vesting Agreement, this Vesting Agreement and each constituent element of the Approved Plans approved by the Town prior or subsequent to the Effective Date, individually and collectively, constitute an approved "site -specific development plan" as defined in the Vested Property Rights Statute. Each constituent element of the Approved Plans approved by the Town prior or subsequent to the Effective Date that is consistent with the ODP, or any approved amendment thereto, will constitute a site -specific development plan, and upon approval by the Town will create vested property rights which will be supplemental and in addition to the Vested Property Rights initially established through the Board's approval of this Vesting Agreement as of the Effective Date, and will be vested pursuant to the Vested Property Rights Statute for the remaining duration of the vesting periods, as applicable, set forth below. Except as otherwise approved by the Board, each constituent element of the Approved Plans approved after the Effective Date shall be consistent with the Town's zoning and subdivision codes, development regulations, uniform codes, and street and utility construction and design requirements; provided, however, if there is an express conflict or inconsistency between the ODP and such codes, regulations and requirements, to the extent of such conflict or inconsistency, the ODP will control and such codes, regulations and requirements will not apply to the Approved Plans. Except as provided in the foregoing sentence or as otherwise provided in this Vesting Agreement, this Vesting Agreement will not preclude the approval or application of appropriate terms and conditions in connection with Town action on future applications for Approved Plans that are necessary to provide for consistency with such codes, regulations and requirements. 1.3 Term. 1.3.1 General. The term of the Vested Property Rights established under this Vesting Agreement will commence on the Effective Date and will continue for the following periods: (a) An initial vesting period of 10 years; (b) The initial 10 year vesting period will automatically be extended for an additional 10 years (to a total of 20 years) if the Town has granted "conditional acceptance" of the Public Improvements required in connection with the Town's approval of the first final development plan for any portion of the Property and necessary to support development of such portion of the Property (as to be set forth in an approved subdivision improvements agreement) prior to expiration of the initial 10 year period, which grant shall not be unreasonably withheld, conditioned or delayed; and (ii) there has been issued prior to expiration of the initial 10 year period a certificate of occupancy for, in the aggregate with any previously issued certificates of occupancy, the 15,0001h building square foot of retail sales generating space within the Property; and W Provided the condition precedent to extension of the initial vesting period has been satisfied as set forth in subsection (b) above, the vesting period will automatically be extended for an additional 10 years (to a total of 30 years) if there has been issued prior to expiration of the 20 year period a certificate of occupancy for, in the aggregate with any previously issued certificates of occupancy, the 30,0001h building square foot of retail sales generating space within the Property. 901712A 3 1111111,1111111111111111111111111111111111111111 lll! IIII 3729073 11/01/2010 11:49A Weld County, CO 7_of 13_R 71..00, i1 0.00 _Steve Moreno Clerk &_Recorde_r 1.3.2 Expiration of Vesting Period. After expiration of the vesting period, as extended if applicable, the Vested Property Rights established by this Vesting Agreement with respect to such vesting period will terminate and have no further force or effect; provided, however, that such termination will not affect any common-law vested rights obtained before such termination; or any right, whether characterized as vested or otherwise, that may or may not arise from Town permits or approvals for the Property that were granted or approved before, concurrently, or in conjunction with the approval of this Vesting Agreement. 1.4 Covenants. Upon recordation in the real property records of the Weld County Clerk and Recorder, the provisions of this Vesting Agreement will constitute covenants or servitudes which touch, attach to and run with the land comprising the Property, and the burdens and benefits of this Vesting Agreement will bind and inure to the benefit of the Property and of all estates and interests in the Property and all successors in interest to the Parties. The Vested Property Rights are not separable from the Property, and neither this Vesting Agreement nor the Vested Property Rights may be assigned separate from the conveyance of the Property or any portion thereof. 1.5 Financial Matters. Nothing in this Vesting Agreement shall be construed to prohibit the enactment or increase of any tax, assessment or fee, including without limitation impact fees enacted pursuant to Colorado law. Nothing in this Vesting Agreement shall be construed to create any multiple -fiscal year direct or indirect debt or financial obligation on the part of the Town within the meaning of the Constitution or laws of the State of Colorado. ARTICLE 2 LEGAL CHALLENGES 2.1 General. The Town covenants that it will cooperate with Owner in Owner's efforts to defend against any challenge or litigation brought by a third party concerning this Vesting Agreement; provided, however, that the Town is not obligated to expend any monies for such defense, including without limitation attorneys' fees, costs, or any other professional fees, and Owner shall reimburse the Town for any such attorneys' fees, costs or other professional fees that may be incurred in connection therewith, in consideration of which Owner will be entitled to have its legal counsel act as lead counsel in any such litigation. If this Vesting Agreement or any portion thereof is challenged by initiative or referendum., including any judicial contest to the outcome thereof, then, to the extent so challenged, the provisions of this Vesting Agreement, together with the duties and obligations of each Party, will be suspended pending the outcome of the initiative or referendum election and the judicial contest, if any, and a period equal to the period of such suspension will be deemed automatically added to every right and obligation herein which is required to be performed or which accrues within a specified time. If the initiative or referendum fails, then the Parties will continue to be bound by all of the terms of this Vesting Agreement. 2.2 Successful Legal Challenge Contingency. If any legal challenge successfully voids, enjoins, or otherwise invalidates this Vesting Agreement, the Town and Owner will use reasonable, good faith efforts to restructure this Vesting Agreement so as to cure the legal defect in a manner that most fully implements the intent and purpose of this Vesting Agreement. Should the Parties be unsuccessful in their efforts, this Vesting Agreement will immediately 901712.4 4 IIIIII IIIII IIIIII IIIIII Illll llll llllll 111111111 IN 3729073 11/01/2010 11:49A Weld County, CO .__R_of_ 13_R_71.00-0_.0.00_Steve_Moreno_Clerk &_Recorder_. terminate without penalty or recourse to any Party; provided, however, such termination will not affect (i) any common-law vested rights obtained before such termination; (ii) any right, whether characterized as vested or otherwise, that may or may not arise from Town permits or approvals; or (iii) the validity and enforceability of the Approved Plan(s) approved prior or subsequent to the termination of this Vesting Agreement. ARTICLE 3 DEFAULT; REMEDIES; TERMINATION 3.1 Default. If either Party fails to meet, abide by or maintain the terms and conditions of this Vesting Agreement, it will constitute an event of default by such Party. 3.2 Notices of Default. In the event of any claimed default by a Party, the non -defaulting Party will give the defaulting Party not less than 30 days' written notice and opportunity to cure, which notice will specify the nature of the default and will request that it be corrected within said 30-day period (the "Cure Period"). No act, event or omission will be a default hereunder if the defaulting Party's failure to perform is caused by Force Majeure or by any act, omission or default by the other Party, or so long as the defaulting Party has in good faith commenced and is diligently pursuing efforts to correct the condition specified in such notice. Notwithstanding the Cure Period, Owner will have the right to include a claim for breach of this Vesting Agreement in any action brought under C.R.C.P. Rule 106 if Owner believes that the failure to include such claim may jeopardize Owner's ability to exercise its remedies under this Vesting Agreement at a later date. Any claim for breach of this Vesting Agreement brought before the expiration of the applicable Cure Period will not be prosecuted by Owner until the expiration of the applicable Cure Period except as set forth in this Vesting Agreement, and will be dismissed by Owner if the default is cured in accordance with this Section 3.2. 3.3 Remedies. If any default under this Vesting Agreement is not cured as described in Section 3.2, the non -defaulting Party will have as its sole and exclusive remedy the right to enforce .the defaulting Party's obligations hereunder by an action for injunction or specific performance pursuant to the provisions of Section 3.2, and Owner will not be entitled to or claim, and hereby expressly waives any right or claim to, any form of damages, including, without limitation, lost profits, economic damages, or incidental, consequential, punitive or exemplary damages. To the fullest extent each Party may legally do so, the Town hereby waives any rights it may have under the Vested Property Rights Statute to pay damages in the event of a breach of the Vested Property Rights by the Town (whether by Board action or by initiated or referred measure), and Owner hereby waives any rights it may have under the Vested Property Rights Statute to receive an award of such damages. It is the Parties' express intent that the legal effect of such mutual waivers will be that, in the event of a breach of the Vested Property Rights by the Town, Owner's remedies will be limited to the equitable remedy of specific performance of the Town's obligations with respect to such Vested Property Rights, and the exception set forth in § 24-68-105(1)(c) of the Vested Property Rights Statute will not be asserted by or legally available to the Town or Owner. 9ot712A 5 3729073 11/01/2010 11:49R Weld County, CO 9 of 13 R 71.00 0 0.00 Steve Moreno Clerk &_Ro order—) ARTICLE 4 MISCELLANEOUS 4.1 Amendment of Vesting A Bement. 4.1.1 Written Amendment Required. This Vesting Agreement maybe amended, terminated or superseded only by mutual consent in writing of each of the Parties, and approved by resolution or ordinance of the Board. 4.1.2 Effectiveness and Recordation. Any written amendment executed pursuant to Section 4.1.1 will be effective upon the later to occur of (i) .execution by all required Parties, or (ii) the effective date of the ordinance or resolution approving such amendment. Promptly after any amendment to this Vesting Agreement becomes effective, the Town will cause it to be recorded at Owner's cost in the office of the Weld County Clerk and Recorder. As between the Parties, the validity or enforceability of such an amendment will not be affected by any delay in or failure to record the amendment as proN ided herein. 4.2 Headings for Convenience. The headings and captions used herein are for the convenience of the Parties only and will have no effect upon the interpretation of this Vesting Agreement. 4.3 No Third -Party Beneficia No third -party beneficiary rights are created in favor of any person not a party to this Vesting Agreement. It is expressly understood and agreed that enforcement of the terms and conditions of this Vesting Agreement, and all rights of action relating to such enforcement, will be strictly reserved to the Parties and their successors and assigns, including successor developers of all or any portion of the Property, and nothing contained in this Vesting Agreement will give or allow any claim or right of action by any other or third person under this Vesting Agreement. 4.4 Applicable Law. This Vesting Agreement will be interpreted and enforced according to the laws of the State of Colorado. 4.5 Entire A eement. Except for the Approved Plans, the Annexation Agreement and the PIRA, to the extent those documents supplement, implement or complement the provisions of this Vesting Agreement, this Vesting Agreement constitutes the entire understanding among the Parties with respect to the subject matter hereof. 4.6 Effective Date. The "Effective Date" of this Vesting Agreement shall be the date of the recordation in the office of the Weld County Clerk and Recorder of the annexation ordinances and annexation maps for the Property in accordance with C.R.S. § 31-12- 113(2)(a)(II)(A). 4.7 Counterparts. This Vesting Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 4.8 Notices. All notices, certificates, reports or other communications hereunder will be deemed given when personally delivered, or after the lapse of five (5) business days following 901712.4 6 . , 37.29073 11101f20 10 11:49A Weld County, CO 10 of 13 R 71.00 l) 0.00 Steve Moreno Clerk &Recorder ` their mailing by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To the Town: With a required copy to: To Owner: With a required copy to Town of Firestone 151 Grant Ave., Box 100 Firestone, CO 80520 Light, Harrington & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, Colorado 80202 Fairview Estates LLC 1425 Onyx Circle Longmont, CO 80504 Attn: Dales Bruns Otten, Johnson, Robinson, Neff + Ragonetti, P.C. 950 Seventeenth Street, Suite 1600 Denver, CO 80202 Attn: Munsey L. Ayers Any Party may designate a different notice address by written notice to the other Parties delivered in accordance with this Section 4.8. 4.9 Vesting Agreement Controls. In the event of an express conflict or inconsistency between the terms and conditions of this Vesting Agreement and the Town Code, rules, ordinances, regulations and requirements, the terms and conditions of this Vesting Agreement will control and will apply to the Property and the Vested Property Rights during the vesting period in accordance with this Vesting Agreement. [Signature and Notarization Pages Follow This Page] 901712.4 7 �IIIIIIIIIIllllllllflllllllllllllllll!lIIIIIlIIlIIIIIIlI 3720073 11/01/2010 11:49A Weld County, CO i 11 of 13 R 71.00 0 0.00 Steve Moreno Clerk & Recorder] IN WITNESS WHEREOF, the Parties have executed this Vesting Agreement as of the day and year first written above. . M (SEAL) ATTEST: C�Q� y Heg flood, Town STATE OF ) ss COUNTY OF ) TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado aJJ Chad Auer, Mayor The above and foregoing signature of Chad Auer, as Mayor, on behalf of the Town of Firestone, a municipal corporation of the State of Colorado, was subscribed and sworn to before me this day of , 2009. Witness my hand and official seal. My commission expires on: (SEAL) 901712A 8 I liilll iilii Illill illiil hill iill illiil III iiliil III IN 3729073 11/0112010 11:49A Weld County, CC �12_of i3_R_V.00—C-0..00--Steve-Moreno-Clerk &-Recorder: OWNER: FAIRVIEW ESTATES LLC, a Colorado limited liability company By: N Title: ems' STATE OF COLORADO ) ) ss. COUNTY OF UiC ) The foregoing instrument was acknowlec.ged before me this 2a day of 2009, by 1 t. _, as f�V- of FAIRVIEW ESTATES LLC, a Colorado limited liability company. Witness my hand and official seal. ARA GARCIA NOTARY PUBLIC STATF OF COLOFIADO Commission Explr®s 9711712010 Notary Public ; My commission expires: 901712.4 9 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIII 3729073 11/01/2010 11:49A Weld County, CO �13_ot 13 R_71 A0_D_0.00 Steve_Moreno_Clerk &_Recorder EXHIBIT 'A Legal Description of the Property A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 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 WEST ONE -QUARTER CORNER OF SECTION 5 WHENCE THE SOUTHWEST CORNER OF SECTION 5 BEARS SOUTH 01°05'44" WEST 2,631.81 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5 SOUTH 89°08'43" EAST 1255.28 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 01°05'44" WEST 1,298.79 FEET; THENCE NORTH 88°54'16" WEST I,255.27 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01'05'44" EAST 1,293.52 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 37.351 ACRES MORE OR LESS, TOGETHER WITH ALL THAT PORTION OF LOT A AND A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 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: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE -QUARTER CORNER OF SECTION 5 BEARS SOUTH 88°54'04" EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01 °05'44" EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NORTH 01°05'44" EAST 1,298.20 FEET; THENCE LEAVING SAID WEST LINE SOUTH 88°54' 16" EAST 1,255.27 FEET; THENCE SOUTH 01 °05'44" WEST 1,222.96 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF- WAY LINE SOUTH 87°39'56" WEST 1,257.52 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 36.326 ACRES MORE OR LESS. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 73.677 ACRES MORE OR LESS. Date Prepared: July 24, 2009 901712.4 A-1 Please P, muC,B rb Town of Firestone P.O. Box 100 Firestone, CO 80520 ORDINANCE NO. 7 0 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING THE FIRESTONE MUNICIPAL CODE CONCERNING TOWN SALES AND USE TAXES TO PROVIDE A CREDIT AGAINST SALES AND USE TAXES DUE IF A CERTAIN PUBLIC IMPROVEMENTS FEE HAS BEEN PAID IN CONNECTION WITH THE PROPERTY KNOWN AS FIRELIGHT PARK ANNEXATION. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section t. Recitals. A. The Town of Firestone (the "Town") is a municipal corporation of the State of Colorado. B. Fairview Estates LLC, a Colorado limited liability corporation ("Owner") is the fee owner of certain property proposed to be annexed into the Town comprising approximately 73 acres and generally known as Firelight Park (as more particularly defined in Exhibit A hereto, the "Property"). C. Owner intends to develop the Property as a phased, mixed -use development including, but not limited to, commercial/retail, office, employment and residential uses (the "Project"). D. The Town desires to cooperate in the development of the Property and the funding of certain public improvements required in connection therewith. E. In furtherance of the foregoing, the Town and the Owner have previously entered into a Public Improvements Reimbursement Agreement (Firelight Park Annexation) (the "Agreement") between the Owner and the Town, pursuant to which the Town is to cooperate in the funding of certain Public Improvements (as defined in the Agreement) through the reimbursement of certain costs associated with the construction and completion of Public Improvements from certain revenues generated from retail sales and construction activities within the Property, subject to the limitations set forth in the Agreement. F. Pursuant to a Declaration of Covenants Imposing and Implementing the Firelight Park Public Improvements Fee (the "PIF Covenant"), the Owner intends to impose a public improvements fee on certain sales or provisions of goods or services occurring within the Property and intends to impose a public improvements fee (on building materials only) on an applicant for a building permit within the Property, which public improvements fees (defined in the Agreement as the Credit PIF) are to be used to contribute to the financing of Public Improvements. 4821-2814-1316.2 G. Pursuant to the Agreement, the Town desires to provide a tax credit against the obligation to pay, collect and/or remit the sales and use tax to the Town for persons or entities who pay the portion of the public improvements fee defined in the Agreement as the Credit PIF. H. The Board has previously determined that the development of the Project, the construction of the Public Improvements and the reimbursements by the Town contemplated by the Agreement, which are to be facilitated by the implementation of the sales and use tax credit provided herein, are in the best interests of the Town. Section 2. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 3. Tax Credit. Chapter 3.08 of the Firestone Municipal Code is amended by the addition of the following provision: Notwithstanding any other provisions of this Chapter, and in order to implement the provisions of the Public Improvements Reimbursement Agreement (Firelight Park Annexation), dated September 24, 2009 (the "Agreement"), by and between the Town and Fairview Estates LLC, there shall be granted to each person or entity obligated to pay, collect or remit the sales tax on the sale or provision of goods or services which are subject to Town sales taxes occurring within the Property, as defined in the Agreement and the Declaration of Covenants Imposing and Implementing the Firelight Park Public Improvements Fee (the "PIF Covenant"), and Exhibit A hereto, and incorporated herein by this reference, a tax credit against collection of the sales tax as hereinafter set forth. Such tax credit shall be granted in the form of a reduction in the applicable sales tax in an amount equal to the amount of revenues generated from the imposition and collection of the Credit PIF with respect thereto, and shall attach to a particular transaction only to the extent that the Credit PIF Revenues are received by the PIF Collecting Agent/Trustee for such transaction. Notwithstanding any other provisions of this Chapter, there shall be granted to each applicant for a building permit within the Property a tax credit against the collection of the Town's use tax (on building materials only) as hereinafter set forth. Such tax credit shall be granted in the form of a reduction in the applicable use tax rate (on building materials only) in an amount equivalent to the rate of the Credit PIF, and shall attach to a particular transaction only to the extent that the Credit PIF Revenues are received by the PIF Collecting Agent/Trustee for such transaction. The tax credit for both the sales tax and the use tax shall be automatic and shall take effect immediately upon the applicable retailer's (as reflected on the retailer's periodic sales tax report) or building permit applicant's remittance to and receipt by the PIF Collecting Agent/Trustee of the Credit PIF Revenues in accordance with the PIF Covenant and the Agreement. The tax credit for both the sales tax and the use tax (on building materials only) shall be granted during the Credit PIF Period and 4821-2814-1316.2 2 shall terminate when the Credit PIF Period terminates. The amount of sales and use tax credit granted hereunder shall equal the amount of the Credit PIF Revenues imposed and collected on Taxable Transactions by the application and imposition of the Credit PIF at a rate of 1.00%. All capitalized terms used in this section and not otherwise defined herein shall have the meanings given to them in the Agreement. Section 4. Effect of Credit. The Town Council hereby determines that the creation or termination of this sales and use tax credit does not constitute a tax increase, the imposition of anew tax, or a tax policy change directly causing a net tax revenue gain to the Town, and that nothing herein or in the Agreement creates a multiple fiscal year financial obligation or other indebtedness of the Town. Nothing herein, in the Agreement, or in the PIF Covenant prohibits the Town from amending or terminating this tax credit. Section 5. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. 4821-2814-1316.2 3 INTROWCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this a `' day of , 2009. TOWN OF FIRESTONE . it .-.-^. Chad Auer Mayor Attest: lz�u d:�f u He od �R�STp� own Clerk 7051ViV�'''fi 'l o f} ❑ �3:'1.Jeti f Q 4821-2814-1316.2 4 Draft 4/16/09 EXHIBIT A Legal Description of the Property A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE C PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE --QUARTER CORNER OF SECTION 5 WHENCE THE SOUTHWEST CORNER OF SECTION 5 BEARS SOUTH 01°05'44" WEST 2,631.81 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5 SOUTH 89`08'43" EAST 1255.28 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 01'05'44" WEST 1,298.79 FEET; THENCE NORTH 88'54'16" WEST 1,255.27 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01°05'44" EAST 1,293.52 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 37.351 ACRES MORE OR LESS. TOGETHER WITH ALL THAT PORTION OF LOT A AND A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 67H PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE -QUARTER CORNER OF SECTION 5 BEARS SOUTH 88'54'04" EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05'44" EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NORTH 01°05'44" EAST 1,298.20 FEET; THENCE LEAVING SAID WEST LINE SOUTH 88°54'16" EAST 1,255.27 FEET; THENCE SOUTH 01'05'44" WEST 1,222.96 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 87'39'56" WEST 1,257.52 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 36.326 ACRES MORE OR LESS. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 73.677 ACRES MORE OR LESS. Date Prepared: July 24, 2009 4821-2814-1316.2 ORDINANCE NO. � e;t iq AN ORDINANCE AMENDING TITLE 17 OF THE FIRESTONE MUNICIPAL CODE TO REGULATE THE LOCATION OF MEDICAL MARIJUANA DISPENSARIES WHEREAS, marijuana sales have never been expressly addressed by the Town's zoning ordinances because federal and state law generally prohibit the possession and sale of marijuana; and WHEREAS, Article XVHI, Section 14 of the Colorado Constitution, referred to as Amendment 20 and approved by Colorado voters in November 2000, authorizes the use of marijuana to alleviate certain debilitating medical conditions; and WHEREAS, the intent of Amendment 20 was to enable persons who are in medical need of marijuana to be able to obtain and use it without fear of criminal prosecution; and WHEREAS, the passage of Amendment_ 20 has resulted in the establishment of medical marijuana dispensaries; and WHEREAS, the Board of Trustees finds and determines that it is appropriate to amend the Town's zoning ordinance to expressly regulate the use of land for medical marijuana dispensaries, so as to prevent establishment of such use in areas that would conflict with the Town's master plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and WHEREAS, the Town is authorized by law, including without limitation C.R.S. § 31-23- 301 et se ., to establish zoning districts within the Town and to regulate and restrict the use of buildings, structures and land within such districts; and WHEREAS, the Firestone Planning Commission, after notice by publication and a public hearing, has recommended the Board of Trustees approve the amendments to title 17 of the Firestone Municipal Code set forth in this ordinance; and WHEREAS, the Board of Trustees has provided notice of a public hearing on said ordinance by publication as provided by law and held a public hearing as provided in said notice; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 17.08 of the Firestone Municipal Code, entitled "Definitions," is hereby amended by the addition of a new Section 17.08.275 to read as follows: Sec. 17.08.275. Medical Marijuana Dispensary. "Medical marijuana dispensary" means and includes the use of any property or structure to sell, distribute, transmit, give, dispense, or otherwise provide 1 marijuana in any manner to qualified individuals in accordance with and subject to the limits of Article XVIII, Section 14 of the Colorado Constitution. Section 2. Section 17.08.190 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined}: 17.09.190 Home occupation. "Home occupation" means any occupation or profession conducted principally within a dwelling and carried on by the inhabitants, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Sexually oriented businesses, because of their tendency to go beyond the limits permitted for home occupations and thereby impair the use and value of the residential area, shall not be permitted as home occupations; and, irrespective of whether the use may be categorized as a sexually oriented business, no retail or wholesale sales to consumers upon the premises of any types of materials specified in this title which describe or depict specified sexual activities or specified anatomical areas shall be permitted. Medical marijuana dispensaries, because of their tendency to go beyond the _ limits permitted for home occu ations and thereby impair the use and value of the residential area, shall not be permitted as home'occupations. Section Section 17.20.010 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined}: 17.20.010 C-1 districts ---Uses permitted. Uses permitted in C-1 districts shall be as follows: H. Medical marijuana dispensaries, subject to the standards in section 17.20.070 and other a livable requirements of this code. Section 4. Chapter 17.20 of the Firestone Municipal Code is hereby amended by the addition of a new Section 17.20.070, to read as follows: 17.20.070 Standards for medical marijuana dispensaries. A. Applicability. The standards set forth in this section shall apply to the location and operation of any medical marijuana dispensary within the Town. B. Location. No medical marijuana dispensary shall be located within 1,000 feet of the following: 1. The exterior boundary of any public or homeowner's association owned park, trail corridor or open space area; 2 2. The exterior boundary of any residential zone district; 3. The exterior boundary of any existing or occupied mobile home; 4. The exterior boundary of any lot on which there is located a single family or multifamily residence, whether located within or outside of the Town; 5. Any church or religious institution; 6. Any educational institution or school, either public or private; 7. Any licensed child care facility; 8. Any alcohol or drug rehabilitation facility; 9. Any public community center, park, fairground, or recreation center, or any publicly owned or maintained building open for use to the general public; 10. Any other medical marijuana business whether such business is located within or outside of the Town; or 11. Any halfway house or correctional facility. C. Advertisements. Advertisements, signs, displays, or other promotional material depicting medical marijuana uses shall not be shown or exhibited off the premises or in any manner which is visible to the public, from roadways, pedestrian sidewalks or walkways, or from other public areas. D. Indoor Use. All business related to, or consumption of, medical marijuana shall be conducted indoors, and all building openings, entries, and windows shall be located, covered, or screened in such a manner as to prevent a view into the interior; and for new construction, the building shall be constructed so as to prevent any possibility of viewing the interior from the exterior of such structure. E. Security. Medical marijuana dispensaries shall provide adequate security on the premises. At a minimum, such security shall include: Security surveillance cameras installed to monitor the main entrance and the exterior of the premises to discourage and to facilitate the reporting of criminal acts as well as nuisance activities. Security video shall be taken on a continuous basis and shall be preserved for at least 72 hours. 2. Robbery and burglary alarm systems which are professionally monitored and maintained in good working conditions. Section 5. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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 7. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this R' day of () [-+tJ&,f , 2009. TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ATTEST: Town Clerk; _� s 4 ORDINANCE NO. 7 AN ORDINANCE EXTENDING THE TERMS 'OF A `NONEXCLUSIVE FRANCHISE GRANTED BY THE `TOWN OF :FIRESTONETO AT&T COMCAST CORPORATION, ITS SUCCESSORS AND ASSIGNS FOR THE RIGHT TO MAKE REASONABLE USE OF RIGHTS -OF -WAY WITHIN. THE TOWN TO CONSTRUCT, OPERATE, MAINTAIN, RECONSTRUCT, REPAIR AND UPGRADE A CABLE SYSTEM AND TO PROVIDE CABLE SERVICES TO CITIZENS WITHIN THE TOWN WHEREAS, AT&T Comcast. Corporation ("Comcast") is the- successor to TCI Cablevision of Colorado, Inc. and currently holds a cable television franchise with the Town of Firestone ("Town"}; granted .by Ordinance No. 429 adopted December 9, 1999 ("Franchise") and transferred to Comcast by Resolution No. 02-18; and WHEREAS, the Franchise .is scheduled to.expire by its own texins on January .14, 2010; and WHEREAS, Comcast and the Torun are in the process of negotiating a renewal of the existing Franchise; and WHEREAS, Comcast and the Town:rieed additipnal'titne to complete negotiations and for the Town to consider. and adopt a:proposed franchise renewal; and WHEREAS, Comcast has agreed to the extension of the Franchise as set, forth in this Ordinance; and WHEREAS, the Board of Trustees finds that it ,is in the best interest of the citizens of Firestone to extend the term of the Franchise- prior to its expiration. to allow for completion of ongoing negotiations regarding a franchise renewal; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Franchise between Comcast and the. Town is hereby extended from its expiration date of January i4, 2010, for a period of six (6) months, to expire on July 14, 2010. The Franchise shall rernain in effect, pursuant to the terms and conditions contained therein, until the new expiration date, or until a new agreement is entered into between the parties, or until the Franchise.is terminated pursuant to its terms. Section 2. All other ordinances ,or portions thereof iriconsistent or conflicting with this Ordinance or any portion: hereof are hereby repealed to the extent "of such inconsistency or conflict. Section 3. If any section, paragraph, sentence, clause or provision of this Ordinance shall. for any reason be held to be unconstitutional, invalid or unenforceable for. any reason; such 'decision shall. ;not affect the .constitutionality :or validity of the rema ning.portions of. this Ordinance. The Boardi of Trustees herehydeclares that' it.would have passed this Ordinance an each part hereof irrespective dtthe fact that wiy one pari.bc declared uneonstitutioridl O'Hhvalid':, fi INTRODUCED, READ ADOPTED AND iORDERED, PUBLISHED THIS .. DAY OF .. Ao v.e.&, Vn Qr , 2009. TOWN ATTEST: — SEAL :c 1 � . Judy H..gwood, Town Clerk: l tl9i2009.�8 i8 AFi{macj S:+FiresianeiC7rdinanccslComcaat extension :doc �- cry Auer, Mayor �,��.IIIIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .� 3755769 03/14/2011 11:44A Weld County, CO 1 of 2 R 16.00 D 0.00 Steve Moreno Clerk & Recorder - 4 - -- - — ORDINANCE NO. 11 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE ADAM FARM ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Adam Farm Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R-S. §§ 31-12-108 to -110, the Board of Trustees on December 10 and 17, 2009 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published November 3, 10, 17 and 24, and December 1, 2009 in the Longmont -Daily Times -Call, and November 4, 11, 18 and 25, and December 2, 2009, in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions arc to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Adam Farm Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this i1 +' day of Dec,, ,ter , 2009. q"6' Y�� � � JOY_ tied i TOWN OF Unaa Auer, May `' TO TOWN r T TONE, COLORADO III Illlll lllll llllll lllll lllll ll I lllll llll llll I Illy Il 11:44A Weld County,'a 3755769 0311412011 2 of 2 R 16.00 D 0.00 Steve Moreno Clerk & Recorder - - - - ---- EXHIBIT A LEGAL DESCRIPTION - ADAM FARM ANNEXATION A PORTION OF LOTS A AND B, RECORDED EXEMPTION NO. 1313-4-2-RE 1085, ACCORDING TO THE MAP RECORDED MAY 24, 1988 AT RECEPTION NO.2142263 IN BOOK 1197, BEING LOCATED IN THE NORTH 1/2 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 4, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 22098", WHENCE THE NORTH QUARTER OF SAID SECTION 4 BY A RECOVERED 3-114" ALUMINUM CAP, "LS 22098" IS ASSUMED TO BEAR N 00°36'47" E, A MEASURED DISTANCE OF 2606.04 FEET, WITH ALL BEARINGS RELATIVE TO HEREON; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 89022'52"W A DISTANCE OF 258.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 5-1/2, SAID POINT ALSO BEING 30.00 FEET EAST OF AND PARALLEL TO A LINE THAT IS 17.5 RODS WEST OF THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, N 00°36'47" E, A DISTANCE OF 2576.65 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTH OF AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°30'56" E, A DISTANCE OF 258.80 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, N 89°3114" E, A DISTANCE OF 2624.85 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET PERPENDICULAR TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 7, S 00025'00" W, A DISTANCE OF 2567.47 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 89-20'15" W, A DISTANCE OF 2633.83 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4 AND THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 7,427,416 SQ. FT. OR 170.510 AC., MORE OR LESS. PLEASE RETURNTO: Town of Firestone ®ox 1001151 Grant Ave. Fimtone, Colorado 80520 . . , ti� I IIIII��IIII IIIIIIIIIII IIIII IIIII E��ll111llll 1111 IN 3755772 03/14/2011 11:44A Weld County, CO f . 1 of 6 R 36.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. DID AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE ADAM FARM ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY. WHEREAS, a petition for annexation of certain property, annexed to the Town as the Adam Farm Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property, known as the Adam Farm Annexation, was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with residential and neighborhood center land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Adam Farm Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and outline development plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuantto C.R.S. Section 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Adam Farm Annexation, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned PIanned Unit Development Residential -A (PUD R-A), Residential-B (PUD R-B), Residential-C (PUD R-C) and Neighborhood Center (PUD-NC) land uses, pursuant to the zoning ordinances ofthe Town and subject to and in accordance with the Adam Farm Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. I liilll lllli llllil lilll llllll lilll lliil 111 illll 1111 IN 3755772 03/14/2011 11:44A Weld County, CO 2 of 6 R 36.00 � 0.00 Steve Moreno Clerk & Record Section 3. The Board of Trustees hereby approves the Outline Development Plan forAdam Farm, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. The Property is designated for a private shooting range and private hunting use, pursuant and subject to the provisions of Section 9.24.020 of the Firestone Municipal Code and the Annexation Agreement. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � �] day of'CP�>�2009. TOWN OF FIRESTONE, COLORADO Co Chad Auer, Mayor ATTEST: GuC1b� � 7iQ J y Hegw , Town CI "tl 'k :a l TOY � �"� .t SAFireslone\AnnaatiunlAdam Farm zoning ODY ord (Final).doc 7• ,r� �jYy S n rt s �t.N n r'. r �f 2 !lj��ll IIIIIllllll IIIII llllll - - _ __ _ _ _ 3755772 03/14/2011 11.44A d County� 3 of 6R Wel3$.0Q D Q,pp Steve Moreo Clerk & Recorder----,,) EXHIBIT A ADAM FARM ODP LEGAL DESCRIPTION LEGAL DESCRIPTION A PORTION OF LOTS A AND B, RECORDED EXEMPTION NO. 1313-4-2-RE 1085, ACCORDING TO THE MAP RECORDED MAY 24, 1988 AT RECEPTION NO.2142263 IN BOOK 1197, BEING LOCATED IN THE NORTH I /2 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 4, AS MON UM ENTED BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 22098", WHENCE THE NORTH QUARTER OF SAID SECTION 4 BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 22098" IS ASSUMED TO BEAR N 00-36-47" E, A MEASURED DISTANCE OF 2606.04 FEET, WITH ALL BEARINGS RELATIVE TO HEREON; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 8902252"W A DISTANCE OF 258.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 5-1/2, SAID POINT ALSO BEING 30.00 FEET EAST OF AND PARALLEL TO A LINE THAT IS 17.5 RODS WEST OF THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, N 00-36,47" E, A DISTANCE OF 2576.65 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTH OF AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89030'56" E, A DISTANCE OF 258.80 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, N 89-31'l4" E, A DISTANCE OF 2624.85 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET PERPENDICULAR TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 7, S 00025'00" W, A DISTANCE OF 2567.47 FEET TO A POINT ON THE SOUTH LINE OF 1111 IN I liilll iilii Illlil illli IIIIII 3755772 03/1412011 11:44A Weld County, CO 4 of 6 R 36.QQ D 0.00 Steve Moreno Clerk & Recorders THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 89°20'15" W, A DISTANCE OF 2633.83 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4 AND THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 7,427,416 SQ. FT. OR 170.510 AC., MORE OR LESS. 4 __ _ __ _ -_ _ 111 lull 111 lull llll llll I Illlll lltll Illlll lull llllll ll 3755772 03/1412�a 011 ii.44A Weld County, i 5 Olt; 6 R 36.00 D 0.00 Steve MoreClerk &Recorded EXHIBIT B Adam Farm Annexation Conditions of Approval Annexation and Initial Zoning/ODP Notebook 1. Submit a revised Development Application and change the project name from "Adam Farm Annexation No. 1" to "Adam Farm Annexation". 2. Include the existing Firestone Town limits on the vicinity map. 3. On the Vicinity Map, replace "Firestone Open Space", with "PUD Open Space". 4. Execute an Annexation Agreement, prepared by the Town Attorney. 5. Submit an updated Title Commitment, dated no later than one month prior to recording of final documents. 6. Petition for inclusion into the Frederick -Firestone Fire Protection District, the Carbon Valley Recreation District, and the St. Vrain Sanitation District; once the annexation is complete. General 7. Provide submittals to St. Vrain Sanitation District and Frederick Firestone Fire Prevention District. 8. Revise ODP text as noted in the red -lines included with the staff report dated November 16, 2009. 9. Revise "City of Firestone" to read "Town of Firestone" throughout application materials. Annexation Map 10. Modify map pursuant to Town Engineer redlines. 11. Remove all references to "Annexation No. 1" so the title is "Adam Farm Annexation". Outline Development Plan General 12. Show the existing Firestone Town limits on the vicinity map. 13. Add the telephone numbers and email addresses of the Owners and the email address for the Applicant. 5 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3755772 03/14/2011 11:44A Weld County, CO — 6 of 6 R 36.00 0 0.00 Steve Moreno Clerk & Recorded ODP Text 14. In the Land Use Table change, "Mixed Use" to "NC, R C, R-B, R-A". Overall ODP 15. Change the sheet name to existing conditions. 16. Label and show the existing buildings and fences and note whether they are to remain or be removed. 17. Label and show the existing fences and paved surfaces and note whether they are to remain or be removed. 18. Label and show existing gun ranges. 19. Show the planned zoning areas graphically on Sheet 2 with the planned zoning categories labeled. Additional Conditions 20. Clarify setback section and provide additional detail. 21. Clarify the setback distance from oil and gas wells is 150 feet, not 50 feet. 22. Continued use of the gun range to be conditioned upon execution of an annexation agreement that specifically provides for the use, and adoption of other ordinances as may be required. 0 PLEASE RETURN TO: Town of Firestone Box 1001151 Grant Ave. Firestone, Colorado 80520 ORDINANCE NO. -71,8 AN ORDINANCE AMENDING SECTION 9.24.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE EXCEPTIONS TO THE PROHIBITION AGAINST DISCHARGING WEAPONS WHEREAS, the Board of Trustees previously adopted restrictions prohibiting the discharge of weapons, and provided for certain exceptions to such prohibition; and WHEREAS, the Board of Trustees desires to amend Section 9.24.020 of the Firestone Municipal Code to clarify the exception for a designated shooting ranch or gallery and add an exception for private hunting in certain circumstances. NOW, THEREFORE, BE IT ORDAINED BY T14E BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 9.24.020.B of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-iuken thfoi*gk): 9.24.020 Discharging weapons. A. It is unlawful for any person to fire or discharge within the town any firearm, airgun, BB gun, bow and arrow or any toy gun projecting lead or missiles. B. Subsection A of this section shall not apply to: 1. A private shooting range or gallery specifically designated for such purpose by the town pursuant to an annexation agreement and Outline Development Plan. 2. Private hunting on a single parcel exceeding 140 acres if such use is specifically designated for such pu1pose by the town pursuant to an annexation agneement_and Outline Development Plan. 23. Any officer of the law discharging a firearm in the performance of his duty. 34. Any person from discharging a firearm or other weapon when lawfully defending persons or property. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board, of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 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. Section 4. The repeal or modification of any provision of the Firestone Municipal Code by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this I 1 "day of OQrQ, ,. e/- , 2009. TOWN OF FI STONE, COLORADO C U ✓�. Chad Auer, Mayor ATTEST: J d Heg od, Town ClerKJ SAFiresione50rdinmccTireamis (2009).doc o Q.1�� 9n ORDINANCE NO. Q AN ORDINANCE INCREASING THE COMPENSATION OF THE MAYOR AND TRUSTEES FOR TERMS OF OFFICE COMMENCING AFTER THE APRIL 2010 ELECTION WHEREAS, the Board of Trustees wishes to increase the compensation of the Mayor and Trustees in a manner consistent with applicable laws; and WHEREAS, pursuant to C.R.S. § 31-4-405, no such increase may occur during the term for which the Mayor or any Trustee has been elected or appointed. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsections A and B of Section 2.04.280 of the Firestone Municipal Code are hereby repealed and re-enacted, with amendments, to read as follows: 2.04.280 Mayor and trustee compensation. A. Compensation —Mayor. The mayor of the town shall be compensated at the rate of three hundred dollars per month. Such rate shall apply only upon commencement of the mayor's term of office following an election held on or after April 6, 2010. B. Compensation —Trustees. Each trustee shall be compensated at the rate of two hundred and fifty dollars per month. Such rate shall apply only upon commencement of the term of office of a trustee whose position is subject to an election held on or after April 6, 2010. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 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. Section 4. The repeal or modification of any provision of the Firestone Municipal Code by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this f ?� day of December, 2009. TOWN OF FIRESTONE, COLORADO w� Chad uer, M or ATTEST: ORDINANCE NO. 1 30 AN ORDINANCE AMENDING SECTIONS 9.28.010 AND 9.28.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE TOWN'S CURFEW RESTRICTIONS AND PARENTAL RESPONSIBILITY REQUIREMENTS WHEREAS, pursuant to its authority in C.R.S. § 31-15-401, the Board of Trustees has previously adopted certain curfew restrictions for minors and parental responsibility requirements contained in Sections 9.28.010 and 9.28.020 of the Firestone Municipal Code, respectively; and WHEREAS, the Board of Trustees desires to amend these sections to prohibit minors from loitering in or upon public areas during certain times and to define the terms "loiter" and public area;" and WHEREAS, the Board of Trustees finds that the amendments set forth herein further the Town's interest in protecting the safety and welfare of its youth population by reducing juvenile crime and victimization and protecting minors from improper influences that tend to prevail after the curfew hour. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: -Section 1. Sections 9:28.010.A and B of the Firestone Municipal Code are hereby amended to read as follows {words to be added are underlined; words to be deleted are men t4ough) 9.28.010 Curfew for minors. A. It is unlawful for any person age thirteen or under to be of Femai.n. loiter in or upon any street, -a11�; ark, playground-sehoo -ff thef public area at the following times: 1. . From September 1 st through May 31 st: a. Between nine p.m. and five a.m. of the following day, Sunday through Thursday; and b. Between eleven p.m. and five a.m. of the following day, Friday and Saturday. 2. From June 1 st through August 31 st: a. Between ten p.m. and five a.m. of the following day, Sunday through Thursday; and b. Between eleven p.m. and five a.m. of the following day, Friday and Saturday. B. It is unlawful for any person age fourteen through seventeen to be or- remain loiter in or upon any street, alley, @4, P,n..f8„fia, sehool yard or- any ether public area at the following times: 1. From September 1 st through May 31 st: a. Between eleven p.m. and five a.m. of the following day, Sunday through Thursday; and b. Between twelve a.m. and five a.m., Friday and Saturday. 2. From June 1 st through August 31 st: a. Between twelve a.m, and five a,m., Sunday through Saturday. Section 2. Sections 9.28.010 of the Firestone Municipal Code is hereby amended by the addition of a new subsection E to read as follows: 9.28.010 Curfew for minors. E. As used in this section, the following wards shall have the following definitions, unless the context clearly indicates otherwise: 1. "Loiter" means to remain idle in essentially one location or area, to be dilatory, tarry, to dawdle, linger, and shall include but not be limited to, standing around, wandering about, hanging out, sitting, kneeling, sauntering, or prowling, whether in or out of a vehicle. 2. "Public area" means any place to which the public or a substantial group of the public has access, whether publicly or privately owned, and includes streets, highways, alleys, parks, playgrounds, vacant lots, parking lots, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, stores, shops, restaurants, taverns, and bowling alleys. Section 3. Section 9.28.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are s44-4001-g-Affiff Ohffetth): 9.28.020 Parental responsibility. It is unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen years to knowingly permit such minor to be-er-re.m.—Ain loiter in or upon any stfeet, Aey, nary-, playground, YaOth@ public area at times other than those permitted pursuant to Section 9.28.010; provided, however, the provisions of this section shall not apply to those instances excepted in Section 9.28.010. Violation of parental responsibility is a petty offense. The words used in this section shall have the same definitions as set forth in Section 9.28.010.E of this Code. Section 4. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. 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. Section 6. The repeal or modification of any provision of the Firestone Municipal Code by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �' day ofC�a0 2010. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor rrWr9�9 HegUood, Town CAA FIRE8 �r .°• TCW`v S{t� 11119109 9:56 AM [man]1S 1F'vestonelOrdVCurfew Ord Amend (2064).doc r t �t®� a; dam, =c �� . ORDINANCE N.O. ! 3 1 AN EMERGENCY ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE AND THE FIRESTONE PERSONNEL POLICY MANUAL TO REPLACE ALL REFERENCES TO THE TERM "DIRECTOR OF OPERATIONS" WITH THE TERM "TOWN MANAGER" AND TO ALLOCATE PRIOR RESPONSIBILITIES OF THE DIRECTOR OF OPERATIONS TO THE TOWN MANAGER WHEREAS, the Board of Trustees desires to amend the Firestone Municipal. Code and the Firestone Personnel- Policy Manual to reflect the elimination of the position of director of operations and to delegate all prior responsibilities of the director .of operations to the town manager; and WHEREAS, there are references to the director of operations in. a number of sections of the Firestone Municipal Code and the Firestone Personnel Policy Manual; and WHEREAS, the Board of Trustees .further desires to amend the Firestone Municipal Code and the Firestone Personnel Policy Manual to replace all references to the term "director of operations" witli the term "town manager"; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 2.10 of the Firestone Municipal Code is hereby repealed in its entirety. Section 2. Section 2.12.030 of the. Firestone Municipal Code is hereby amended to read as follows (words added. are underlined; words deleted are slag#): 2.12.030 Powers and duties. A. The town manager shall be the chief administrative office of the town and shall be responsible for administration of the matters placed in the charge of the town manager by the board of trustees: B. The town managees duties and responsibilities shall include; without limitation, the following, I..Perform supervisory and professional. work. in. development of intergovernmental relations, planning and development, engineering, 'building. inspection, capital projects, legislative compliance and economic development as such world is consistent with the goals and objectives of the hoard. 2. Oversight of town employees. and contract staff as depicted in the adopted organization chart. 3. eE_nsure smooth implementation.of all town: policies in the areas of economic development,. planning and development, engineering and inspection with regard to the duties of the town staff. 4. Assess governmental operations to ensure compliance with -federal, state and county legislative requirements regarding economic development, land use planning and development, engineering and inspection, and bring policy recommendations regarding the same before the board of trustees. S.. Manage land use planning anddevelopment activities with other municipalities and state and regional agencies. b. Promote. the development and negotiation of intergovernmental agreements or other cooperative agreements with both public and private entities. 7. Confer and coordinate with community leaders and groups on a wide range of issues established as. goals and objectives of the board. S. Develop and implement an economic development program for the town. 9:. Manage the activities: of any urban redevelopment authority or financing authority of the town. 10. , Perform. administrative supervisory and professional work in planning, coordinating and directing the operations of specifically assigned departments and town staff; 11 Perform all duties related to 'budg2LUreRaration and administration; includin advising the board of the financial condition and ;future needs of the town, and preparing and submitting annually to the board a proposed budget for the town;. T 12. Develop and implement strategies, policies and -procedures to advance the goals and objectives of the board of trustees and various departments; 13. Oversiaht of functions and departments as assigged by the board, 14. Coordinate and assess governmental operations to ensure effectiveness and B. Exercise oversi" ht and control over Rersonnel hiring, training, evaluating and disciplinary action, _except for positions that report directly to the board of trustees; 16. Develop and administer the town's personnel policies and procedures, as well as employee benefit and compensation programs asset by the board, 1_7._ See that the ordinances of the town and the applicable laws of the state are enforced and that the policies and procedures of the town are followed, .18. Make recommendations to the board of trustees conceininu the affairs of the town; 19. Perform such other duties and responsibilities as required by the position description and any ordinance, resolution or motion of the board of trustees. Section 3. The Firestone Municipal Code is Hereby amended such that all references therein to the terns "director of operations" are changed to the terns "town manager," and the Board of Trustees hereby directs. the codifier of the Firestone. Municipal Code to prepare such. revisions and supplements to the Firestone Municipal Code as are necessary or appropriate to effect such amendment: Section 4. The Firestone Personnel Manual is hereby :amended such that all references therein to the term "director of operations" are changed to the term "town manager," and the Board of Trustees hereby directs the Town. Staff to prepare such revisions and supplements to the Firestone Personnel Policy Manual as are necessary or appropriate to effect such amendment. Section 5. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid, for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts.be declared unconstitutional or invalid. Section 6. 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. Section 1. The Board of Trustees herewith finds, determines, and declares that. this ordinance is necessary to the immediate preservation of public. property, health, welfare, peace, or safety, in order to effectuate as timely as possible the change of position title noted herein. This ordinance shall take effect upon adoption and signing by the Mayor if approved by three - fourths of the members of the Board of Trustees. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL. this. day of j , 2010. 3 TOWN OF FIRESTONE, COLORADO .. cl i I Chad Auer Mdyor Attest: y He od own Clerk R.. ESTO ' TQV�f� N . •,,......, oF � r' .s i m i f� ; ❑ U��17Y, G ORDINANCE NO. 3c� AN EMERGENCY ORDINANCE OF THE TOWN OF FIRESTONE ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, OR ISSUANCE OF APPLICATIONS OR REQUESTS FOR BUSINESS .LICENSES, BUILDINNG PERMITS, AND CERTIFICATES OF OCCUPANCY FOR MEDICAL MARIJUANA DISPENSARIES AND ON COMMENCING ANY OPERATION OF A MEDICAL MARIJUANA DISPENSARY WITHIN TIME TOWN OF FIRESTONE WHEREAS, the Town has broad authority to exercise its police powers to promote and protect the health; safety and welfare of the Town and its inhabitants, including .the power to regulate the nature and type of businesses allowed within the Town, to regulate the construction, repair, and remodeling of buildings within the Town, and to establish zoning districts and zone district regulations within the Town pursuant to state statutes, including but not limited to C.R.S. § 31-15401, § 31-15-501, § 31-15-601, and § 31-23-301,et seq ; and WHEREAS, pursuant to such authority, the Town adopted Chapter 5.04 of the Firestone Municipal Code ("Town Code') requiring persons to obtain business licenses before commencing, carrying on or establishing any kind of business within the Town; and WHEREAS; pursuant to Section 15.04.620 of the Town Code, the Town adopted the International Building Code, '2006 Edition, which requires persons to obtain building permits and certificates of occupancy from the Town before constructing, altering; enlarging, or occupying a building or structure within the Town; and WHEREAS, pursuant to such authority, the Board of Trustees established zone districts and enacted zoning regulations set forth in Title 17 of the Town Code and the Firestone Development Regulations; and WHEREAS; the voters of Colorado apptoved Amendment 20 at the 2000 general election, which was subsequently codified as Section 14 of Article XVIII of the Colorado Constitution, and which authorizes the medical use of marijuana by persons in Colorado suffering debilitating medical conditions; and WHEREAS, marijuana remains a controlled substance; the possession or use of which is .illegal under federal law and understate law, with, the limited exceptions set. forth in Section 14 of Article XVIII of the Colorado Constitution; and WHEREAS, as the result of a recent modification to federal law enforcement policy concerning the prosecution of federal marijuana violations in states which have legitimized the use of marijuana for medical purposes, medical marijuana dispensaries have proliferated within the .State of Colorado and in other states that have adopted constitutional provisions authorizing the medical use of marijuana; and Wl IEREAS, in recognition of the continuing illegality of marijuana sale or use, for purposes other than treatment of debilitating medical conditions, the Board. of Trustees finds that. the regulation of medical marijuana -dispensaries is a necessary exercise. of its municipal police power to assure that such dispensaries are appropriately located within the Town, and that the manner in which dispensaries are operated are consistent with the requirements of applicable law as well as. the health, safety, and welfare of the public; and WHEREAS, Section 14 of Article XVIII of the Colorado Constitution, existing state statutes, and existing Colorado Department of Public Health and Environment rules do not attempt to regulate medical marijuana dispensaries; and WHEREAS, the Board of Trustees adopted Ordinance No. 724 on October 8, 2009, which adds medical marijuana dispensaries, as defined therein, as a permissible use in the C-1 zone district, establishes distance requirements between medical marijuana dispensaries and certain buildings and. uses, prohibits medical marijuana dispensaries from being a home occupation, and provides other requirements for medical marijuana dispensaries; and WHEREAS, the Board of Trustees determines that further regulations beyond Ordinance No. 724 may be necessary or 'appropriate to address additional issues related to location and operation of medical marijuana dispensaries, including such issues as control of inventory, potential licensing of operators, record keeping, pernutting and licensing requirements, hours or operation, and other matters; and WHEREAS, since the adoption of Ordinance No. 724, the Board of Trustees has learned that the Colorado Legislature is considering legislation during its 2010 session and that the Colorado Office of Attorney General may issue guidance clarifying issues related to medical marijuana dispensaries, and the Board desires to have the opportunity to review siich legislation or guidance and the impact they.may have on the Town, as a statutory municipality, to regulate dispensaries; an WHEREAS, for the forgoing reasons., the Board of.Trustees. has determined that additional time is required to allow Town Staff to study the issues and determine whether. the Town should adopt additional regulations concerning medical marijuana dispensaries; and WHEREAS, the Board of Trustees finds that acceptance and processing of applications or requests for business licenses, sales tax licenses, building permits, and certificates of occupancy for medical marijuana dispensaries and commencing any operation of a medical marijuana dispensary within the Town pending completion of the Town Staff s study of the issues and possible adoption of more adequate regulations, may undermine and defeat the Town's ability to promote and protect the public health, safety, and welfare; and WHEREAS, the Board of Trustees finds and determines that it is necessary and appropriate to institute a temporary moratorium. on accepting, reviewing, approving, or otherwise acting upon applications or requests for business licenses, sales tax licenses, building permits, and certificates of occupancy for medical marijuana dispensaries and. on commencing any operation of a medical marijuana dispensary within the Town; 2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO`. Section 1. The foregoing recitals are hereby affzrmed and incorporated herein by this reference as findings of the Board of Trustees. Section 2. Upon the effective date of this ordinance, and until July 15, 2010, no application or request for business license, building permit, or certificate of occupancy for a medical marijuana dispensary or for any business purporting to sell or actually selling marijuana for medical use shall be received, reviewed, approved, or otherwise acted upon; nor shall any person or business during such period commence any operation of a medical marijuana dispensary.. Section 3. Town Staff is hereby directed to study, develop, review and evaluate appropriate recommendations and regulations pertaining to medical marijuana. dispensaries for presentation to and consideration by the Board of Trustees, to include evaluation of the effect of any legislation passed during the 2010 legislative session upon the Town's authority to regulate the operation of and the use of land for dispensaries. Section 4. The provisions of this ordinance are temporary in nature and may be. repealed by a subsequent legislative enactment. The temporary moratorium established by this ordinance shall terminate as of July 15, 2010 unless sooner repealed. Section 5. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary to the immediate. preservation of the public health, safety, and welfare due to the recent proliferation of medical marijuana dispensaries around the State and because existing regulations are inadequate to address. potential impacts of medical marijuana dispensaries on the health, safety, and welfare of the community and because forthcoming legislation from the Colorado Legislature and guidance from the Colorado Office of Attorney. General may impact how such dispensaries may be regulated: Therefore, the Board of Trustees herewith further finds, determines and declares that it is necessary for this ordinance to take effect immediately upon adoption, provided the same has been adopted and signed. by the Mayor and approved by three -fourths of the entire Board of Trustees. Section 6. For purposes of this ordinance, "medical marijuana dispensary" means and includes any use of any property or structure to sell, distribute, produce, grow, transmit, give, or dispense marijuana to qualified individuals in accordance with Article XVIII, Section 14 of the Colorado Constitution, Section 7. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 8. The repeal or modification of any provision of the Firestone Municipal Code 3 by this ordinance. 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 provision, and each provision 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 Iiability; 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 pro.seeutions. SeC601 9. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 28' day ofJanuary, 2010. Attest: � Z Y He ood own Clerk TOWN OF FIRESTONE; COLORADO Chad Auer Mayor Flf��c 3" .S o cot-��i - `_1111i1I lllll lillll IIIII! IIIIi 111 lllllll i!i llll! liii llli 3696258 05128/2010 12:47P Weld County, CO 1 of 2 R 11.00 0 0.00 Stern Moreno Cler+ & Ree=rrder _ _ ------ ORDINANCE NO. � 33 AN ORDINANCE APPROVING AN ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO KNOWN AS THE HEINTZELMAN PIT ANNEXATION NO. 1 WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Heintzelman Pit Annexation No. 1, has been filed with the Board of Trustees of the Town of Firestone, which parcel is described in Exhibit A attached hereto; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees commencing on January 28, 2010 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on December 23 and 30, 2009 and January 6 and 13, 2010 in the Carbon Valley Farmer and Miner and on December 22 and 29, 2009 and January 5 and 12, 2010 in the Longmont Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is -in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition or the annexation agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Heintzelman Pit Annexation No. 1, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2, The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 25th day of February, 2010. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: iLUooc� dy H wood, To Clerk . �' �lel� Coin � II�r 3696258 05/28/2010 12.4 f !_ � . v. 2 of 2 R 11.00 D 0.06 Steve Moreno C?vr`, & P"lxudey .- J - EXHIBIT A LEGAL DESCRIPTION HEINTZELMAN PIT ANNEXATION NO. 1 DESCRIPTION OF HEINTZELMAN ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 112 OF THE EAST 112 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 112 OF SAID SECTION 32 TO BEAR NORTH 89°41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 112 OF SAID SECTION 32; THENCE NORTH 00°24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°41'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00043'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1595.43 FEET TO THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218, AT PAGE 29; THENCE COINCIDENT WITH THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74°49'43" EAST, A DISTANCE OF 1261.88 FEET; 2) NORTH 55011'43" EAST, A DISTANCE OF 67.11 FEET; 3) NORTH 26°24'53" EAST, A DISTANCE OF 41.59 FEET TO THE EAST LINE OF THE SOUTHEAST 1 I4 OF SAID SECTION 32; THENCE SOUTH 00°24'19" EAST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 2008.03 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 52.57 ACRES OR 2,289,949 SQUARE FEET, MORE OR LESS. 2125MIG 2:09 PM [mac] S,IFirestoneVAnnexationWeintzelman No, Lannex.ord.doc 2 Please Retujw. � Iq p Town of Firest P.O. Box 100 Firestone, CO 805p . �Q 11H111111111111 3�gEzfi III MIN `L� 0 05/28/2010 12:47P !Aldd Count , ,0 1 of 2 R 11_00 Q 0.00_ steve liroreno ;leek « Recotder t ORDINANCE NO.7 3LI AN ORDINANCE APPROVING AN ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO KNOWN AS THE HEINTZELMAN PIT ANNEXATION NO.2 WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Heintzelman` Pit Annexation No. 2, has been filed with the Board of Trustees of the Town of Firestone, which parcel is described in Exhibit A attached hereto; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees commencing on January 28, 2010 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on December 23 and 30, 2009 and January 6 and 13, 2010 in the Carbon Valley Farmer and Miner and on December 22 and 29, 2009 and January 5 and 12, 2010 in the Longmont Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition or the annexation agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Heintzelman Pit Annexation No. 2, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 25th day of February, 2010. TOWN OF FIRESTONE, COLORADO E - 'Auer, Mayor 7-OV'vN, �q off R (� Illllllllll�llliillllllllfllll���l�llll��llelIl�11 3696260 05/2812010 12:47P Weld Cunty, 'I0 2 of 2 R 11.00 0 0.00 Steve Moreno Cier?, � c�rr�r�er EXHIBIT A LEGAL DESCRIPTION HEINTZELMAN PIT ANNEXATION NO.2 DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 12C9-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 112 OF THE EAST 112 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 112 OF SAID SECTION 32 TO BEAR NORTH89041'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 112 OF SAID SECTION 32; THENCE NORTH 00024'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 89041'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285,44 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 0004343" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1647.06 FEET TO THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29; THENCE COINCIDENT WITH THE NORTH LINE OF THAT PROPERTY DESCRIBED 1N SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74°49'43" EAST, A DISTANCE OF 1240.35 FEET; 2) NORTH 55`1143" EAST, A DISTANCE OF 45.63 FEET; 3) NORTH 26°24'53" EAST, A DISTANCE OF 127.66 FEET TO THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32; THENCE NORTH 00*2419" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 481.85 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 114 OF SAID SECTION 32; THENCE NORTH 00°35'14" WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 1689.88 FEET; THENCE SOUTH 26°01'17" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 89016'17" WEST, A DISTANCE OF 60.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 00043'43" EAST, COINCIDENT WITH THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1678.98 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 89°41'37" EAST, COINCIDENT WITH THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 60.01 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 36.75 ACRES, OR 1,600,830 SQUARE FEET, MORE OR LESS. 2/25/2010 2:09 PM jmac] S:1Firestone\AnnexationlHeinrzelman Not annex.ord.doc W Please Return TO: Town of Firestone p.O. Box 100 Firestone, CO 80520 3696262 05128/2010 12:47P Weld County, CO 1 of_ 2 R-11.00_ D 0.00 Steve MoreClerk Recortler ORDINANCE NO.73S_ AN ORDINANCE APPROVING AN ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO KNOWN AS THE HEINTZELMAN PIT ANNEXATION NO.3 WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Heintzelman Pit Annexation No. 3, has been filed with the Board of Trustees of the Town of .Firestone, which parcel is described in Exhibit A attached hereto; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees commencing on January 28, 2010 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on December 23 and 30, 2009 and January 6 and 13, 2010 in the Carbon Valley Farmer and Miner and on December 22 and 29, 2009 and January 5 and 12, 2010 in the Longmont Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition or the annexation agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: ,Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Heintzelman Pit Annexation No. 3, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 25th day of February, 2010. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: r1�rosy'� J y Hegv6od, Town CQrk rn. p: ' I 3696262 05/28120 M 12:47P Ikle!d Cc[in:`y; CO j -2-of 2 R 11.00 D 0.00 S#etre More o rjer;, & Recorder EXHIBIT A LEGAL DESCRIPTION HEINTZELMAN PIT ANNEXATION NO.3 DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 187-097, BEING A PART OF THE EAST 112 OF THE EAST 112 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 112 OF SAID SECTION 32 TO BEAR NORTH 89°41'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF THE EAST 112 OF SAID SECTION 32; THENCE SOUTH 00°35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 936.91 FEET; THENCE SOUTH 26.01" 7" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 2511.59 FEET TO THE SOUTH LINE OF LOT A OF SAID RE-524; THENCE NORTH 89016'17" EAST, COINCIDENT WITH THE SOUTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE SOUTHEAST CORNER OF LOT A OF SAID RE-524; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST LINE OF LOT A OF SAID RE-524 AND PARALLE WITH THE WEST LINE OF THE EAST 1/2 OF THE EAST'/2 OF SAID SECTION 32, A DISTANCE OF 413.15 FEET TO THE NORTHEAST CORNER OF LOT A OF SAID RE-524; THENCE SOUTH 89°16'17" WEST, COINCIDENT WITH THE NORTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 0004314311 WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 617.61 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28; THENCE SOUTH 89°55'50" EAST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28, A DISTANCE OF 1306.52 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 64.99 ACRES OR 2,830,964 SQUARE FEET, MORE OR LESS. 2/2512010 10:24 AM [mac] S:Tirestone\Annexation\Heintzelman No. 3.annex,ord.doc 2 I 3696264 09.12$12010 °2.47r Weld �ou.� �,., C0 1 0( 6 31.00 - I Stew �+IOrenQ G1.1-k & Recorder ORDINANCE NO. AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE HEINTZELMAN PIT ANNEXATION NOS. 1, 2, AND 3 AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the Heintzelman Pit Annexation Nos. 1, 2, and 3, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property, known as the Heintzelman Pit Annexation Nos. 1, 2, and 3, was annexed to the Town by ordinance, and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification for the property, for Planned Unit Development Residential -A (PUD R-A), Residential-B (PUD R-B), and Neighborhood Center (PUD-NC) uses, as set forth in the outline development plan for the property; and WHEREAS, the Planned Unit Development zoning classification, with PUD R-A, PUD R-B, and PUD-NC uses, is consistent with the Town's plan for the area encompassed by the Heintzelman Pit Annexation Nos. 1, 2, and 3; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and Outline Development Plan and forwarded its recommendation on the zoning request and Outline Development Plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23- 305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Heintzelman Pit Annexation Nos. 1, 2, 1 3696264 05/28/2010 12:47f Weld Court ii 0' 0 2 of 6 R 31.00 0 0.00 Steve klarer<, Csrrk & Recorder and 3, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, for Residential -A (PUD R-A), Residential-B (PUD R-B), and Neighborhood Center (PUD-NC) uses, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Heintzelman Pit Annexation Nos. 1, 2, and 3 Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Outline Development Plan for the Heintzelman Pit Annexation Nos. 1, 2, and 3, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 25th day of February, 2010. ATTEST: 1123109 [sjl] S:\FirestoriclAnnexationlHeiritzel nan.zoning.ord 4 TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor 3696264 05!28!2010 12:47P lVeld Calinru, CC " 3 of 6 R 31.00 n 0.00 S'eve'Moreoo Clerk & Recorder - - - EXHIBIT A - LEGAL DESCRIPTION HEINTZELMAN PIT ANNEXATION NOS. 1, 2, AND 3 DESCRIPTION OF HEINTZELMAN ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1!2 OF THE EAST 1!2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1!2 OF SAID SECTION 32 TO BEAR NORTH 89041'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE NORTH 00°24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1!4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°41'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1595.43 FEET TO THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218, AT PAGE 29; THENCE COINCIDENT WITH THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74°49'43" EAST, A DISTANCE OF 1261.88 FEET; 2) NORTH 55°11'43" EAST, A DISTANCE OF 67.11 FEET; 3) NORTH 26°24'53" EAST, A DISTANCE OF 41.59 FEET TO THE EAST LINE OF THE SOUTHEAST 114 OF SAID'SECTION 32; THENCE SOUTH 00024'19" EAST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 2008.03 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 52.57 ACRES OR 2,289,949 SQUARE FEET, MORE OR LESS. DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE . A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1!2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1!2 OF SAID SECTION 32 TO BEAR NORTH89041'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 1!2 OF SAID SECTION 32; THENCE 3 ptease Return TO: Town of Firestone P.O. Box 100 Firestone, CO 80520 1111111 Hill IIIIII lill 111111111111111 III IIIII III1 III1 3696264 05/2812010 12:47P tVeld Ceuot i, CO 4 of 6 R 31.00 0 0.00 Steve Mr rem c±erk & i ec,orh NORTH 00024'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 89041'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00-43-43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1647.06 FEET TO THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29; THENCE COINCIDENT WITH THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74-49'43" EAST, A DISTANCE OF 1240.35 FEET; 2) NORTH 55-11-43" EAST, A DISTANCE OF 45.63 FEET; 3) NORTH 26-24-53" EAST, A DISTANCE OF 127.66 FEET TO THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32; THENCE NORTH 00024'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 481.85 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 114 OF SAID SECTION 32; THENCE NORTH 00035'14" WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 1689.88 FEET; THENCE SOUTH 26001'17" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 89016'17" WEST, A DISTANCE OF 60.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 00043'43" EAST, COINCIDENT WITH THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1678.98 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 89°41'37" EAST, COINCIDENT WITH THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 60.01 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 36.75 ACRES, OR 1,600,830 SQUARE FEET, MORE OR LESS. DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 112 OF THE EAST 112 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 112 OF SAID SECTION 32 TO BEAR NORTH 89041'37" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF THE EAST 112 OF SAID SECTION 32; THENCE SOUTH 00°35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00035'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 114 OF SAID SECTION 32, A DISTANCE OF 936.91 FEET; THENCE SOUTH 26°01'17" WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH. 00'43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 2511.59 FEET TO THE SOUTH LINE OF LOT A OF SAID RE-524; THENCE NORTH 89°16'17" EAST, COINCIDENT WITH THE SOUTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE SOUTHEAST CORNER OF LOT A OF SAID RE-524; THENCE NORTH 00043'43" WEST, COINCIDENT WITH THE EAST LINE OF LOT A OF SAID RE-524 AND PARALLE WITH THE WEST LINE OF THE EAST 112 OF 4 Illillliillillllllliliilllllllilli!liillllililillllill 3696264 05128/2010 12:47iWeld County, 60 5 of 6 R 31.00 0 0.00 Steve Moreno -Nerk & Fe4.order THE EAST'/ OF SAID SECTION 32, A DISTANCE OF 413.15 FEET TO THE NORTHEAST CORNER OF LOT A OF SAID RE-524; THENCE SOUTH 89°16'17" WEST, COINCIDENT WITH THE NORTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00"43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 617.61 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28; THENCE SOUTH 89055'50" EAST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28, A DISTANCE OF 1306.52 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 64.99 ACRES OR 2,830,964 SQUARE FEET, MORE OR LESS. S ..3696264 05/2812010 12:47P Meld Ccjurity, C0 6 of 6 R 31.00 D 0.00 Steve Abreno Clerk & leorder � EXHIBIT B Heintzelman Pit Annexation Nos. 1, 2, and 3 Outline Development Plan Conditions of Approval General 1. Address Town Engineer comments. 2. Execute an annexation agreement as prepared by the Town Attorney. 3. Execute an agreement concerning conditional use as prepared by the Town Attorney. 4. Annex Weld County Road 26 to the Town of Firestone prior to recording of the Agreement Concerning Conditional Use. S. On the Vicinity Map, modify the label for "Zinnia Blvd." to "Zinnia Ave." 6. Provide an updated Title Commitment, dated no later than one month prior to recording of final documents. 7. Petition for inclusion into the Frederick -Firestone Fire Protection District, the Carbon Valley Recreation District, and the St. Vrain Sanitation District. Annexation May 8. On the Vicinity Maps on Sheet 1 of Annexation Nos. 1-3, modify the label for "Zinnia Blvd." to "Zinnia Ave." Outline Development Plan May 9. On the Vicinity Map on Sheet 1, modify the label for "Zinnia Blvd." to "Zinnia Ave." R Please Petum To: Town of Firestone P.O. Box 100 Firestone, CO 80520 �� jj tiirtrrtititirtrli�titirr�r�titirttrr� , tr�11ti rr�rr lltitir� rtttl rti Weld County, 10 3755774 03114/2011 11.44A ` 1 of 12 R fi6.00 D 0.00 Steve Moreno Clerk &Recorder - — ORDINANCE NO 7 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING A DEVELOPMENT AGREEMENT PERTAINING TO VESTED PROPERTY RIGHTS WITH ADAM FARM: PROPERTY, LLC, THOMAS W. ADAM, AND SHERYL ANN ADAM PURSUANT TO ARTICLE 68 OF TITLE 24,. C.R.S:, AND AUTHORIZING EXECUTION OF SUCH AGREEMENT NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Recitals. A. C.R.S: § 24-68-104(2) authorizes local governments to enter into development agreements with landowners to provide vested property rights for a period exceeding three years. B. The Board ,of Trustees of the Town of Firestone, Colorado ("Town") has determined to enter into a Development Agreement Pertaining to Vested Property Rights ("Vesting Agreement") with Adam Farm Property, LLC, Thomas W. Adam,. and Sheryl Ann Adam (collectively the "Owners") ,for property commonly referred to as Adam Farm, establishing certain vested property rights, and further finds and determines that 'vesting of property rights under the Vesting Agreement for a period exceeding three years is warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. C. All notices required. for the public.hearing(s) at, which the Vesting Agreement and this ordinance have been considered by the Town wereproperly and timely published, posted and/or mailed in accordance with. all applicable laws, and such public hearings) were held. in accordance with all applicable laws. D. The effectiveness of the Vesting Agreement is conditioned upon the recordation .in the real property records of Weld County, Colorado of annexation ordinances and annexation maps with respect'to the annexation of the property described in the Vesting Agreement to the Town. Section 2. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Vesting Agreement. and. the implementation of.the provisions thereof are hereby ratified, approved and confirmed. Section 3. The Vesting Agreement, a copy of which is attached hereto as Exhibit A and incorporated by this reference, is hereby approved. Section 4. Section 1.2 of the Vesting Agreement sets forth the site specific development plan as 300 residential dwelling units and 13.0,000 square feet of commercial space upon. the property, which uses and densities are hereby designated as the approved site specific development plan for the property described in the Vesting Agreement, establishing a vested property right as and to the extent set forth in the Vesting Agreement and pursuant to C.R.S. Illil 11 llllliil 111 lllli llll liil liillliilll Illlllilllll 3755774 03/14/2011 11:44A Weld County, CO 2 of 12 R 66.00 o 0.00 Steve Moreno Clerk & Recorder §§ 24-68-1.01, et seq., and Chapter 17.42 of the municipal code of the Town :as implemented in the Vesting Agreement. Section 5. The Mayor .and Town Clerk. are hereby authorized to execute the Vesting Agreement on behalf of the Town, on condition that`the Vesting Agreement is first executed by Owners; provided, however, that the Mayor is hereby further granted the .authority to .negotiate and approve ,such revisions to. the Vesting 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 Vesting Agreement are not altered. .Section 6. Allordinances or. portions. thereof- inconsistent or conflicting with this ordinance- or any portion hereof are hereby repealed to the ,extent of such inconsistency or conflict. -Section 7. Within 14 days after the. passage of this ordinance a notice shall be published in the designated newspaper for legal publications of the Town that advises the public of (4) the approval of a site specific development plan and creation of a vested property, right, (b) the general type and intensity of uses. approved in the site specific development plan and a reference to this ordir►anee, and (c) the description of the subject .property which shall include a legal description and a vicinity description by reference to the adjacent or nearest road intersection. 1NTR�( �DUCED, READ, ADOPTED., .APPROVED AND ORDERED PUBLISHED IN FULL thiszS`~day of 201:0.. TOWN OF FIRESTONE Chad Auer .Mayor Attest: STo TOW �•�34ti t: J' Heg od 0a Town Cleric TY, �` s 2 IIIIIIIIIIIIIIIIIIIII 3755774 03/14/2011 3 of 12 R 66.00 0 0 IIIIII II IIIlllil III illll 11:44A Weld County, CO .00 Steve Moreno Clerk & Recorder EXHIBIT A. Vesting Agreemenit ll�illlll��llll I�llllllll��l � 1111111 l�ll�llllll�llllllll 3755774 03114/2011 11:44A Weld County, CO de 4 of 12 R_ 66.00 A0.00 Steve Moreno Clerk-8� Recorrs' V "Approval of this Development Agreement Pertaining to- Vested Property Rights creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended.' DEVELOPMENT AGREEMENT PERTAINING TO VESTED PROPERTY RIGHTS (ADAM FARM ANNEXATION) THIS: DEVELOPMENT' AGREEMENT PERTAINING TO VESTED PROPERTY RIGHTS (this "Vesting Agreement",) is made and entered into this day of 2010 ("Effective Date"), by and between ADAM FARM PROPERTY, LLC, a Colorado limited liability company, THOMAS W. ADAM, an individual and SHERYL ANN ADAM, an individual (collectively, together .with .their .successors and assigns, "Owner"), and the TOWN OF FIRESTONE, a municipal corporation of the State of Colorado (together with its successors and assigns, "Firestone" or "Town"). RECITALS A. Owner is the owner of certain real property, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"), and intends to develop the Property as a phased_ residential development that may also include mixed - use commercial/retail uses (the "Project"), -all as more fully and specifically set forth in and subject to the terms and conditions of the Outline Development Plan for Adam Farm as approved with conditions by the Town Board of Trustees ("Board") and as may be amended from time to time ("ODP"). B. The Town previously has adopted. ordinances approving annexation, PUD zoning, and the ODP, and has approved an annexation agreement ("Annexation Agreement") for the Property. C. By Ordinance No, 727, adopted December 17, 2009, the Property was zoned 'Planned Unit. Development Residential=A (PUD R-A), Residential-B (PUD R-B), Residential-C (PUD R-C).and Neighborhood Center, (PUD-NC) land uses, pursuant to the zoning ordinances of the'Town and subject..to and in accordance'with:the 0DP. D. Development of the Property will require that: Owner or its successors or assigns rnake substantial, up -front investments in infrastructure improvements and.public facilities which will serve the needs of the Project and the Town, including, without limitation,; roads, drainage facilities, water lines, sanitary sewer lines; parks.and recreation facilities. Such investments can be supported only if statutory vested property rights are established for certain uses and densities for. the Project,as provided in this Vesting Agreement. E. CA.S. §§ 24-68-101, et seq. ("Vested Property Rights Statute"), and the Code (specifically, Section. 17.42.090 of the Code) .provide for the establishment of vested property rights in order 'to advance the purposes stated therein and in this Vesting Agreement, and authorize the Town to enter into .agreements with landowners providing for vesting of property development rights for periods of greater than three years. 11111111 M111 11111111111111111111111111111111111 . 11 1 III 3755774 03114/2011 11:44A Weld County, CO 5 of 12 R 66.00 D 0.00 Steve Moreno Clerk & Recorder F: Development of the Property in accordance with this Vesting Agreement is anticipated to provide for,. among other things, orderly and well -planned growth, promote economic -development and. stability within the Town, ensure reasonable certainty, stability and fairness in the land use planning process,. foster: cooperation between the public and. private sectors in the area of land use planning, and otherwise achieve the goals and purposes of the Firestone Master Plan and Code. G. In exchange for the foregoing benefits and the other benefits to the Town contemplated by this Vesting Agreement,: together With the public benefits served by orderly and well planned development of the Property, Owner desires to receive vested property rights according to this Vesting Agreement.. H. The Town has agreed to grant_. such vested property rights to the extent specifically provided herein. AGREEMENT NOW, THEREFORE, in. consideration. of the, mutual covenants and agreements of the Town and Owner (each a "Party" and collectively, the ".Parties") contained herein, and other valuable consideration, the receipt.and adequacy of which are: hereby acknowledged, the Parties agree as follows: ARTICLE1 VESTED PROPERTY RIGHTS 1.1 Vesting of Property Rights. During the Term (as such term is defined in Section 1.3); Owner will have a vested property right, pursuant to the Vested Property .Rights Statute and the Code as implemerited in this Vesting -Agreement, from time to time, to: undertake development and complete development and use of the Property in accordance with the Site Specific Development Plan as defined in Section 1.2 below (the "Vested Property Rights"). During the Term, the Town will not initiate, take or, maintain any zoning or, land use action which would alter, impair, prevent; diminish, impose a moratorium on :development; or. otherwise delay the development or use of the Property in accordance with the Site Specific Development Plan, except as set forth in § § 24-68-:105(1)(a) & (b) of the Vested Property Rights Statute or as permitted pursuant to this Vesting Agreement: This Vesting Agreement will: not preclude the application of life safety codes that are :general in nature and are applicable :to all property subject to land use regulation, including, but not limited to, building, fire, plumbing, electrical, and mechanical.codes. Owner acknowledges that application of such, codes, as well as federal. and state requirements (including without limitation. federal, state .or local access requirements) may adversely affect the ability of Owner to recognize the densities or uses otherwise set forth on the Site Specific Development Plan:. 1.2 Site S ecific Develo went Plan. The:Parties agree that, upon,the Effective Date of this Vesting Agreement., there is granted and established Vested Property Rights for 300 residential dwelling' units and 130,000 square feet of commercial space upon the Property, and that. the foregoing uses and densities constitute a ".Site Specific Development Plan" for purposes of this Vesting Agreement. Except as otherwise approved by the Board, development.of the Site 2 Illlff Illll lllllliilll IIIII�II IIIIIIIIIII IIIIIIIII IIII 3755774 03/14/2011 11:44A Weld County, CO 6 of 12 R 66.00 D 0.00 Steve Moreno Clerk & Recorder Specific Development Plan shall be consistent with the Town's zoning and subdivision codes, development regulations, uniform codes, and street and utility construction and design requirements, and this Vesting Agreement will not preclude the approval or application of appropriate terms. and conditions, in connection with. Town action on future applications that are necessary to provide for consistency with such codes, regulations and requirements.. The Parties agree that for purposes of determining: the residential density for which Vested Property Rights are herein: granted, each, single-family detached dwelling and each unit in a duplex, triplex or multi -family dwelling shall count as one dwelling unit. Further, for avoidance of doubt, the Parties acknowledge that the Density statement on the approved ODP .sets forth .a maximum density in. excess of 300 residential dwelling units ,and 130,000 square feet of commercial space; while Vested Property Rights are granted solely for 300 residential dwelling units and 130,000 square feet of commercial space, this Agreement shall not be construed to reduce the: maximum density set forth in the approved OOP. 1.3 Term. 1.3.1 General. The term of the Vested Property Rights established under this Vesting Agreement will commence on the Effective Date and will continue for twenty (20) years (the "Term"). 1.3.2 Expiration of the Term. After expiration of the Term, the Vested Property Rights established by this Vesting Agreement will terminate and have no further force or effect; provided, however, that such termination will not affect any common-law vested rights obtained before such termination; or any right, whether characterized. as vested or otherwise, that may or may not arise from Town permits or approvals for the Property that were granted or approved before, concurrently, or in conjunction with the approval of this Vesting Agreement. 1.4 Covenants. Upon recordation in the. real .property records of the Weld County Clerk and Recorder, the provisions of this Vesting Agreement will constitute covenants. or, servitudes which touch, attach to and run with the land comprising_ the Property, and the burdens and benefits of this Vesting Agreement will bind and 'inure to the benefit of the Property and of all estates and interests in the Property and all successors in interest to the Parties. The Vested Property Rights are not separable from the Property, and neither this Vesting Agreement nor the. Vested Property Rights may be assigned separate from the conveyance of the Property or any portion thereof. 1,5 Financial Matters. Nothing in this Vesting Agreement shall be construed to prohibit the enactment or increase of any tax;. assessment or fee, including without limitation impact fees enacted pursuant .to Colorado law. Nothing in this Vesting Agreement shall be construed to: create any multiple -fiscal yeardirect or indirect debt or .financial obligation on the part of the Town within the meaning of the Constitution or laws of the State of Colorado. ARTICLE 2 LEGAL CHALLENGES 2.1 General. The Town covenants that it will cooperate with Owner in Owner's efforts to defend against any challenge or litigation brought by a third party concerning this 3 I Ifllll IIIII Illlf I IIIII Illlf I II Illllfll III 111111111 If f i 3755774 03/14/2011 11:44A Weld County, CO 7 of 12 R 66.00 a 0.00 Steve Moreno Clerk & Recorder Vesting Agreement; provided; however, that the Town is not obligated to expend any: monies for such defense, including without limitation attorneys' fees; costs; or any other professional fees, and. Owner shall reimburse the Town for any such. attorneys' fees, costs or other professional fees that may be incurred in connection therewith, in consideration of which Owner will be entitled to have its legal counsel act as lead counsel in any such litigation. If this Vesting Agreement or any portionthereof is challenged by initiative or referendum, including any judicial contest to the outcome thereof, then; to the extent so challenged, the provisions of this Vesting Agreement, together with the duties and obligations of each Party, will be suspended pending the outcome of the initiative or referendum election and the judicial contest, if any; and a period equal to the period of such suspension will be deemed automatically added to every right and obligation herein which is required to be :performed or which accrues within a specified time. If the initiative or referendum fails;'then the Parties will continue to be bound by all of the terms of this Vesting Agreement. 2.2 Successful Legal Challenge Contingency. ncy. If any legal challenge successfully voids, enjoins, or otherwise invalidates this Vesting Agreement, the Town and. Owner will use reasonable, good faith efforts to restructure this Vesting Agreement so as to cure the legal defect in a manner that most fully implements the intent and purpose of this Vesting Agreement. Should the Parties be unsuccessful in their efforts, this Vesting Agreement will immediately, terminate without penalty or recourse to any Party; provided,, however; such termination will not affect(i) any common-law vested rights obtained before such termination; (ii.) any right, whether characterized as vested or otherwise, that may or may not arise from Townpermits or approvals; oar (iii) the validity and enforceability of the Site Specific Development Plan or any amendments thereto approved. prior or`subsequent to.the termination -of this Vesting Agreement. ARTICLE 3 DEFAULT; REMEDIES; TERMINATION 3.1 befault. If either Party fails to: meet, abide by or maintain. the terms and conditions of this Vesting Agreementi it will constitute an event of default by such Party. .3.2 Notices of Default. In the event of any claimed default by a Party, the non -defaulting. Party will give the defaulting Party not less than 60 days' written notice and. opportunity to cure, which notice will specify the nature of the default and will.'request that it be corrected within said 60-d4y period (the "Cure Period"). No act, event' or omission will be a default hereunder if the defaulting Party's failure to perform is caused by Force Majeure or .by any act, omission or default by the other Tarty, or so long as the ' defaulting Party has in good faith commenced and is diligently pursuing efforts to correct the condition specified in such notice. Notwithstanding the Cure Period, Owner will have the right to include a claim for breach of this Vesting Agreement in any action brought under C.R:C:P. Rule 1.06 if Owner believes that the failure to include such claim, may jeopardize Owner's ability to exercise its remedies under this Vesting Agreement at a later date. Any claim,for breach of this Vesting Agreement brought before the expiration of the applicable Cure Period will not be prosecuted by Owner until the expiration of the applicable Cure Period. except as set forth. in this Vesting Agreement, and will be dismissed by Owner if the default is cured in accordance with this Section 3.2. 4 . lllllllllllllll�llllll Illl Illl�llll�llllll�lll�l Illl 3755774 03t1 412011 11:44A weld County, CO g of 12 R 66.00 13 0.00 Steve Moreno Clerk & Recorder_ _; 3.3 Remedies: If any default under. this. Vesting Agreement is not cured asdescribed in Section 3.2; the non -defaulting Party will have as its sole and exclusive remedy the right:to enforce the defaulting Party's obligations hereunder by an action. for injunction. or specific performance pursuant to the, provisions of Section 3.2, :and Owner will not be entitled to or claim, and. hereby expresslywaives, any right or claim to, any form of damages, including, without limitation, lost profits,. economic damages, or incidental; consequential, punitive or exemplary damages. To the fullest extent each Party may legally do so,, the Town hereby' waives any :rights it may have under .the'VVested Property Rights Statute, to pay damages in the event'of a breach of the Vested Property Rights. by the Town (wheihe.r by Board action: or by initiated or referred.:'measure), and Owner Hereby waives any rights it may have under the: Vested. Property Rights Statute to receive an award of such damages It is the Parties' express intent.that the legal effect of such mutual waivers will be that; in the event of:a breach of the Vested: Property Rights by the Town, Owner's remedies will be limited to the..equitable remedy of. specific performance of .the Town's obligations with respect to such. Vested .Property Rig hts,• and the exception set forth in § 24-68-105(T)(c) of the Vested Property Rights Statute will not be asserted by or legally available to the Town or Owner. ARTICLE 4 MISCELLANEOUS 4.1 Amendment of Vesting Agreement. .4, L 1. Written Amertdinent Required. This Vesting Agreement may be amended, terminated or :superseded only by mutual consent in.. writingof each of the Parties, and approved by resolution or ordinance of the Board.. 4.1:2. Effectiveness and Recordation. Any written amendment executed .pursuant to Section 4.1.1 will be effective tipan the later to occur of (i) execution by all required Parties, or. (ii): the effective date of the ordinance: or. .resolutioin approving such amendment.. Promptly after any amendment to this Vestin. gAgreement becomes effective, the 'Town will cause it. to be recorded at Owner's cost in the office of the "Weld County. Clerk and Recorder. As: between: the Parties,: the validity or enforceability of such an amendment will not be affected by any delay in or f ailure to record: the amendment as .provided herein. 4.2 Headings for Convenience. The headings and captions used herein are for the convenience of the Parties only and will have no effect upon the interpretation of this Vesting Agreement. 413 No Third,fart Beneficiary. No third -party' beneficiary rights are created'in favor. of ;any person not; a party to this Vesting Agreement. it. is expressly understood and agreed that enforcement of the terms and conditions of this Vesting .Agreement, and all rights of action relating to such enforcement, will be strictly reserved to the Parties and their successors and assigns, including successor developers. of all. or any portion: of the Property, and nothing contained in this Vesting Agreement will give or, allow any claim or right of action by any other or third person under this. Vesting Agreement.. 5 11111111111 11. 11111 IIN 3755774 03/1412611 11:44A Weld County, CO 9 of 12 R 66.00 _O Q.00 steve Moreno -Clerk & Recorder 4.4 Applicable Law. This Vesting Agreementwill be interpreted and enforced according to the laws of the State of Colorado. 4:5 Entire Ave Except for the ODP, to the extent that, docurrient supplements, implements or complements the provisions of this Vesting Agreement, this Vesting Agreement . constitutes the entire understanding among the'Parties with respect to the subject matter hereof. 4.6 Effective Date. The "Effective Date" of this Vesting: Agreement shall be the date of the recordation. in .the office of the Weld County Clerk and Recorder of the: annexation ordinances and annexation •maps for the Property i.n accordance with C.R.S.:§ 31-12- 1.13(2)(C)(1I)(A). 4.7 Counterparts. This Vesting Agreerfient maybe executed in multiple counterparts, each of which Will be deemed to be an original and all of which taken together will constitute one and the same agreement. 4.8 Notices. All notices, certificates; reports or other communications hereunder will be deemed given when personally delivered, or after the lapse:of five (5) business days. following their mailing by registered or certified mail, .return receipt requested, 'postage prepaid; addressed as follows: To the Town:. With a required copy to: Town of Firestone 1`51 Grant Ave., Box 100 Firestone, CO 86526 Light, Harrington & °Dawes, P.C. 1512 Larimer Street, Suite 300 Deliver, Colorado 80202 To Owner: Adam Farm Property; L;LC Thomas W. Adam & Sheryl Ann Adam 11684 Weld County Rd. 5412 Longmont, .CO 80504: With. a required copy to; Packard, and Dierk.ing, LLC' 2595 Canyon Blvd, Suite 200 Boulder; Colorado 803:02: Attn:. Bruce Dierking,.Esq. Any Party may designate a different notice address by written notice to the other Parties delivered in accordance with -this Section 4.8. 0 _ _ _ l �Illll ltlll�l llll�l I l l ll �llll l I� llllll ll ll 3755774 031i4I11:44A Weld County, CO 2011 10 of 12 R 66 o0 _D_0_04 Steue Moreno Clerk &Recorder 4.9 VestiRAgreenient Controls. In the event of an express conflict or inconsistency between the terms and conditions of this Vesting Agreement and the Town Code, rules, ordinances regulations .and requirerrients, the, terrns and conditions of this Vesting. Agreement willcontrol and. Will apply to the Property and 'the Vested Property Rights during theTerm in accordance: with this Vesting Agreement. 1N WITNESS WHEREOF, the. Parties have executed this Vesting Agreement as of the. day and year first written above. OWNER: ADAM FARM. PROPERTY, LLC, a .Colorado. limited liability company By: Name: 'Tit le: THOMAS W. ADAM, an. individual SHERYL ANN ADAM, an individual State of Colorado ) ss: County of ) The foregoing instrrimeiit was acknowledged before me this day of 20101 by as of ADAM FARM PROPERTY, LLC, a Colorado limited liability company. Witness my hand and official seal. Notary Public My commission expires: 7 I III! I I I I I I I I I I I! ! I I I I I I I I I I I I I I I I I I I I I I! I I!I 3755774 03/14/2011 11:44A Weld County, CO 11 of 12 R 66.00 D 0.00 Steve Moreno Clerk & Recorder State of Colorado ) ) Ss. County of. ) The foregoing ih9truinerit was acknowledged before rrie this day of , 2010,.by-THOMAS W. AD'AM, an individual: Witness my hand and official :seal. Notary Public My conniissian expires State. of Colorado ss. County,of' ): The foregoing instrumentl was acknowledged' before me this day of 2010, by SHERYL,ANN ADAM, an individual. Witness my hand grid official seal.. ATTEST:: Town Clerk Notary Public My commission expires:. FIRESTONE:, TOWN OF FIRESTONE, -a municipal corporation of the State<of Colorado.: By. Chad:Auer, Mayor 8: IN 11.44A 1 1111111111111111111111111111111111111111111111111111.Weld County, CO . 3755774 03/14/201e i2 of 12 R 66.30 D Steve Moreno Clerk & Recorder 0.00 EXHIBIT A. Legal Description of the Property A PORTION OF LOTS A AND B, RECORDED EXEMPTION NO. 1313.-4 2-RE 1085, ACCORDING TO THE MAP RECORDED MAY 24, 1988 AT RECEPTION NO. 2142263 IN BOOK 1197, BEING LOCATED IN THE NORTH 1/2 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH 'P.M., COUNTY OF WELD, STATE OF COLORA:DO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 4, AS MONUMENTED BY A RECOVERED 3-1/4 ALUMINUM CAP, "LS 22098"; WHENCE THE NORTH"QUARTER OF SAID SECTION 4 .BY A RECOVERED 3-1/4" ALUMINUM CAP, "L.S22098" IS ASSUMED TO BEAR N 00036'47" E,. A MEASURED DISTANCE OF 2606.04.FEET, WITH ALL BEARINGS RELATIVE TO :HEREON; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 89022'52"W .A DISTANCE OF 258.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 5-112, SAID POINT ALSO BEING 30.00 FEET .EAST OF AND PARALLEL TO A LINE THAT IS 17.5 RODS WEST OF THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, N 00-36'47" E, A DISTANCE OF 2576.65 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE DF COUNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTH OF AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG SAID SOUTHERLY RIGHT=OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°30'56" E, A DISTANCE.OF 258.80 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG SAID. SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, N 89°3.1'14" E, .A DISTANCE OF.2624.85 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, AS. DEDICATED BY BOOK 86 AT PAGE. 273, SAID POINT ALSO BEING 30.00 FEET PERPENDICULAR TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD '7, S 00025'00" W, A DISTANCE OF 2567.47 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 89020'15" W, A DISTANCE OF 2633.83 FEET TO THE CENTER QUARTER CORNER OF SAID. SECTION 4 AND THE POINT OF BEGINNING; SAID PARCEL Of LAND CONTAINS 7;427,416 SQ. "FT.0 R 170.510 AC., MORE OR LESS. w WAN RMRN TO: 8WH @# Fimstone 8� Igo ! 159 Grant Ave. WOMN CQI*ra& 80520 776 CO 3755776 0311412011 11.44A Weld County, 1 of 3 R 21.00 D 0.00_ Steve Moreno Clerk & Recorder �. ORDINANCE NO.. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE NEWBY FARM ANNEXATION NO. I TO THE TOWN OF FIRESTONE, COLORADO, WHEREAS, a petition for annexation of certain unincorporated property; �to be .known as the Newby Farm Annexation No. 'I and described in -:Exhibit A.•attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110., the ;Board of Trustees commencing on December 10, 2009 held a duly -noticed public hearing to consider the proposed annexation; and 'WHEREAS,: notice of the hearing was publishedNovember3, 10, 17'and..24, and December 1, 2009 in.the Longqont Daily Times -Call, and.November 4; 11,18 and 25, and December 2, 2009, in the Farmer & Miner; and WHEREAS, the Board of'Trustees, by. resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance wish the applicable laws of the :State of Colorado, that an election is not. required,. and further found that no additional terms and conditions are to be imposed upon said annexation except any .provided for in said petition; the annexation agreement, or otherwise agreed to by all owners; which are not 'to be considered additional terms and conditions within'the meaning of C.R.S. §§ 3-1-11-'107(1)g),-110(2) or. 112, C.R.S: NOW, THEREFORE, BE IT 0RDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation .to the Town of Firestone of the property described in Exhibit A, attached Hereto and incorporated Herein by this reference, and known :as the Newby Farm Annexation No. 1, is hereby approved`and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is ;sulject to the conditions provided for in the petition- for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement: INTR � C yD, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED .IN FULL this da of AtC' 2010. TOWN OF FIRESTONE, COLORADO _a_i_ J".�- Chad Auer;,Mayor IIIII IIII III) 3755776 0311412011 11:44A Weld County, CO 2 o!-- 3 R 21.00 D 0.00 Steve Moreno Clerk & Recorder ,ATTEST: vw 'Iwo �4 si rem w"s 3755776 03/14/2011 11:44A Weld County, CO 3 of 3 R 21.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTIONtc:.y; = NEWBY FARM ANNEXATION NO. 1 A PORTION OF LAND SITUATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST QUARTER OF SECTION 33, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 37945", WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 33, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 22098".TS ASSUMED :TO BEAR N 89030'56" E, A MEASURED DISTANCE OF 2634.41 FEET, WITH ALL BEARINGS RELATIVE TO HEREON; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 00020'08" W, A. DISTANCE•OF 30.00 FEET TO A POINT THAT IS 30.00 FEET PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE COUNTY ROAD 26 AS DESCRIBED IN BOOK 86 AT PAGE 273; THENCE ALONG. SAID. NORTHERLY,RIGHT-OF-WAY LINE 30.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER.OF SAID SECTION 33, N 89°30'56"'E,.A DISTANCE OF.30.00 FEET TO ATOINT ON THE EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AS DESCRIBED IN BOOK 86 AT PAGE 273 AND THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5;.N 00020'08" W, A DISTANCE OF 29.00 FEET TO A POINT THAT IS 59.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE•SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG A LINE 59.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION. 33, N 890.30'56" E, A DISTANCE OF`2604,53 TO A POINT ON. THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG A LINE 59.00 FEET NORTH OF AND PARALLEL TO THE.SOUTH LINE.OF THE :SOUTHEAST.QUARTER OF SAID .SECTION; 33, N 89°31'14" E, A DISTANCE OF 2624.98 TO A POINT THAT IS 30.00 FEET WEST OF AND PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE WESTERLY RIGHT-OF-WAY LINE COUNTY ROAD 7 AS DESCRIBED IN BOOK 86 AT PAGE 273; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY'ROAD 7, S 00.00' 15" E, A DISTANCE OF 29.00 FEET TO A POINT THAT IS 30.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, AS WELL AS'BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26. AS DESCRIBED INBOOK 86 AT PAGE 273.; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE•AND BEING PARALLEL. TO THE SOUTH LINE,OF THE.SOUT14EAST QUARTER OF SAID SECTION. 33, S 8903114"W, A DISTANCE OF 26224.86 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE.AND BEING PARALLEL TO THESOUTH LINE OF THE SOUTHWEST QUARTER OF SAIL] SECTION 33, S 89°30'56" W, A DISTANCE OF 2604.47 FEET TO A POINT ON THE EASTER.LY'RIGHT-OF-WAY LINE COUNTY ROAD 5 AND THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 151,653 SQ. FT.. OR 3,482 AC„ MORE OR LESS. 3 PLEASE RETURN TO: Town of Firestone Box 1001151 Grant Ave. Firestone, Colorado 80520 . � ��IIIIIIIiIilllllililllillililllllllliilllllllilllllllil 3755779 03/14/2011 11:44A Weld County, CO 1� 1 of 4 R 26.00 0.00 Steue Moreno Clerk & Recorder ORDINANCE NO.739 AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE NEWBY FARM ANNEXATION NO. 1 AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY. WHEREAS, petitions for annexation of certain property, annexed to the Town as the Newby Farm Annexation No. 1, were filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property known as the Newby Farm Annexation No. 1 was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with agriculture land use and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Newby Farm Annexation No. 1; and WHEREAS, the Firestone Planning Commission has held ' a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and outline development plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Newby Farm Annexation No. 1, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development Agriculture -A (PUD AG -A) land use, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Outline Development Plan for Newby Farm No. 1 approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. I IIIIII IIIII IIIIII I _ _ _ __ _� 375 IIII IIIIII III IIIIIII III IIIII IIII IIII 2 of 74 Rp2B QO.QI) Q.00 :4Ste� MWeld enoUClerk &Recorder Section 2. The Boards of Trustees hereby approves. the Outline Development .Plan for ,Newby:FarmNb l;;subject to>the.conditions set:forthon EXhibit:B attached. ereto and incorporated .herein -by reference: INTRODUCED READ ` ADOPTED, APPROVED- AND ORDERED PUBLISHED:,IN D FULL this day of rA ; 201 Q.. TOWN :OF FIRESTONE,: COLORADO. r/j Chad Auer, M yor ATTEST: J. Hegw Town Cler rpW .� 1 2 - - ll illll llll llll . 111 lull llllll lull llllll 111 lllllll l 11 1144A Weld County, CU 3755779 03/14120 3 of_ 4 R 26.00 C C•0a_Steve M�Cler!<& Recorder EXHIBIT A NEWBY FARM NO. 1 ODP LEGAL DESCRIPTION A PORTION OF LAND SITUATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST QUARTER OF SECTION 33, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS 37945", WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 33, AS MONUMENTED BY A RECOVERED 3-114" ALUMINUM CAP, "LS 22098" IS ASSUMED TO BEAR N 89030'56" E, A MEASURED DISTANCE OF 2634.41 FEET, WITH ALL BEARINGS RELATIVE TO HEREON; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 00°20'08" W, A DISTANCE OF 30.00 FEET TO A POINT THAT IS 30.00 FEET PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE COUNTY ROAD 26 AS DESCRIBED IN BOOK 86 AT PAGE 273; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 30.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 89-30-56" E, A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AS DESCRIBED IN BOOK 86 AT PAGE 273 AND THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5, N 00°20'08" W, A DISTANCE OF 29.00 FEET TO A POINT THAT IS 59.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG A LINE 59.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 89°30'56" E, A DISTANCE OF 2604,53 TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG A LINE 59.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, N 89°31' 14" E, A DISTANCE OF 2624.98 TO A POINT . THAT IS 30.00 FEET WEST OF AND PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE WESTERLY RIGHT-OF-WAY LINE COUNTY ROAD 7 AS DESCRIBED IN BOOK 86 AT PAGE 273; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, S 001,00,15" E, A DISTANCE OF 29.00 FEET TO A POINT THAT IS 30.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS DESCRIBED IN BOOK 86 AT PAGE 273; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, S 89-31-14" W, A DISTANCE OF 2624.86 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, S 89°30'56" W, A DISTANCE OF 2604.47 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AND THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 151,653 SQ. FT. OR 3.482 AC., MORE OR LESS. I II1111II illli 11111111111111111111111111111111111 llll 1111 3755779 03/1412011 11:44A Weld County, CO 4 of 4 R 26.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT B. Newby Farm Annexation No. I Conditions of Approval Annexation and Initial Zoning/ODP Notebook Label the existing Firestone Town limits on the Vicinity Map. 2. Execute an Annexation Agreement, prepared by the Town Attorney. 3. Submit an updated Title Commitment, dated no later than one month prior to recording of final documents. 4. Petition for inclusion into the Frederick -Firestone Fire Protection District, the Carbon Valley Recreation District and the St. Vrain Sanitation District after annexation. 5. Provide a completed Fiscal Impact Analysis form from the Development Regulations. General 6. Provide submittals to St. Vrain Sanitation District and Frederick Firestone Fire Prevention District. 7. Revise ODP text as noted in the red -lines included with the staff report dated November 16, 2009. S. Revise "City of Firestone" to read"Town of Firestone" throughout application materials. 9. Revise the ODP to show locations of current farm accesses; confirm revisions with Town Engineer. Annexation Map 10. Modify plans pursuant to Town Engineer redlines. 4 PLIAAEE RETURN TO: Town of Firestone B" 10011Si Gr ntAve. FhWw� GoWado 80520 �. I"IIIIII !IIII IIIIII IIIII IIIIlI III IIIIIII III IIIII IIII IN 1 of 7 31 0 R 21.00 D 0.00 Steve. Mor no Clerk & Recorder ORDINANCE NO.. I /_/ 0 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MEADOW FARM ANNEXATION TO THE TOWN OF FIRE STONE;_COLORADO. WHEREAS; a petition for annexation of certain unincorporated property, to be known as the Meadow Farm Annexation and described in Exhibit A attached hereto,. -has been filed with the Board of Trustees ofthe- Town .of Firestone and WHEREAS, pursuant. to C.R.S. §§ 31.-12-108 to. -110, the Board of Trustees commencing on December 10, 2009 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing- was published November 31 1.0,1:7 and 24, and December 1, 2009 in the Longmont Daily Times -Call, and November 4, 11, 18 and.25, and:.December 2, 2009;, in the Farmer&.Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is ,in substantial compliance with the applicable laws of:the.: State of Colorado; that the area. proposed .to be annexed. is eligible for annexation in accordance with. the applicable. laws of the State .of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 1.12;. NOW, THEREFORE, BE IT ORDAINED} BY THE BOARD. 'OF TRUSTEES OF THE TOWN OF FIRESTONE; COLORADO; Section 1. The annexation to the. Town of Firestone of the property described in Exhibit A; attached hereto and incorporated herein by this .reference, and known as the Meadow Farm Annexation, is hereby approved .and such property is made. a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to.the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and_ • the. conditions provided for in. the annexation agreement:. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day of Yn A-2C;h , 2010. TOWN OF FIRESTONE, COLORADO Chad Auer; ayor - WE,,-M' Lln'Affl IF I �ttll�lltt�lll��lttllll 1��1111�111�lltti�llll��ttlllti�� 3755781 0311412011 11:44A Weld County, GO 3 of 3 R 21.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION MEADOW FARM ANNEXATION A PORTION OF LOT A RECORDED, EXEMPTION NO. 1313-04-2-RE 2540, ACCORDING TO THE MAP RECORDED JANUARY 1.1, 2000 AT RECEPTION NO. 2743689,`BEING A PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE.6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF. SAID SECTION 4 AS MONUM8NTED BY A. RECOVERED 3-1/4" ALUMINUM CAP, "LS 37945" AND AT THE NORTH QUARTER CORNER OF SAID SECTION 4 BY A RECOVERED 3-1/4" ALUMINUM. CAP, "LS 22098" IS ASSUMED TO BEAR N 89030'56" E, A MEASURED DISTANCE OF 263.4,41 FEET, WITH ALL:BEARINGS RELATIVE TO HEREON; THENCE S 01-005'30" W, ALONG THE WEST LINE OF THE NORTHWEST. QUARTER OF SAID SECTION 4, A DISTANCE OF30.01 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, •SAID.POINT ALSO BEING 30.00 FEET SOUTH AND PERPENDICULAR TO.THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4.AND THE POINT OFBEGINNING; THENCE N 89030'56" E, ALONG THE SOUTHERLY LINE.OF SAID RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 300.11 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY.LINE AND.BEING PARALLEL TO THE WEST LINE OF ON THE NORTHWEST QUARTER OF SAID SECTION 4, S 01-0530" W, A DISTANCE OF 370.14 FEET TO THE SOUTHEAST' CORNER OF SAID LOT A; THENCE ALONG THE SOUTH. LINE OF -SAID LOT A AND'BEING PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID ,SECTION 4, S 89°30'56" W, A DISTANCE OF 300.11 FEET TO THE SOUTHWEST CORNER -OF SAID LOT A, SAID POINT ALSO BEINGON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 0.1"05'30" E, A DISTANCE OF 370.14 FEET TO THE POINT OFBEGINNING; SAID PARCEL CONTAINS 111,040 SQ. FT. OR 2,549 AC., MORE OR LESS. PLEASE RETURN TO: Town of Firestone Box 1001 W Grant Ave. Firestone, Colorado 80520 .: I Il�III !!I!! IIIIlI lIII! !I!I!I I!I IlII!!I III !!I!I IIlI I!!I 3755784 03/14/2011 11:44A Weld County, CO 7� 1 of 4 R 26.00_D 0.00 Sieve Moreno Clerk & Recorder ORDINANCE NO. � AN ORDINANCE APPROVING AN INITIAL,ZONING OF 'PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE.'MEADOW FARM ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY. WHEREAS, a petition for annexation of certain property; annexed to the Town as "the. Meadow Farm Annexation,.was filed with the.Board of Trustees of the Town ofTirestone; and: WHEREAS; concurrent with such petition, an application was fled with the'Town.for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property known as the Meadow Farm Annexation.Was annexed to the Town 'by ordinance and the Board of Trustees must provide: for the zoning of such property:; and WHEREAS, the legal description of the property is set forth.in Exhibit attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested: a Planned Unit: Development zoning classification with residential land use and has submitted an Outline Development Ptah in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area.encompassed by the Meadow Farm Annexation; and WHEREAS, the Firestone Planning Commission .has held a public hearing on the lan.downer's zoning request and forwarded its recommendation. on. the zoning, request: and outline development plan to the Board of'Trustees, and the Board :of Trustees has duly -considered that; recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as. provided by law; and WHEREAS, no protests were.received by the Town pursuant to C.R.S. Section 31-23-305., NOW, THEREFORE, BE' IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE., COLORADO- Section 1. That certain property known as the Meadow Farm Annexation, the legal description of which is set, forth �in. Exhibit A attached hereto and. made a parthereof, is hereby zoned Planned Unit Development Residential-B (PUD R-B) land use, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Meadow Farm Outline Development?Ian approved with conditions by the.Bbard2 of Trustees, as noted below, and which shall be placed on file with the Town, and the Town.zoning reap shall be amended accordingly. li�llllllll IIIIIIlIIII llllll 111 llllill IIIlIIII IIII Ilil 3755784 03/14/2011 11:44A Weld County, CO 2 of 4 R 26.00 Q 0.00 Steve Moreno Clerk & Recorder J 8ectiod'2. The Board ;af .Trustees hereby approves: the -audme Development Pla4Jb r Meadow Farin, subjbato.the conditions set forth on Exhibit.B attached hereto and incorporated heroin by Teference:. INTRODUCED; ;READ, ADOPTED, APPROV�✓D;i AND ORDERED` 'PUBLISHED IN .FULL this L.day of M A�1. . ; 2010. TOWN. OF FIRESTONE, COLORADQ Chad :Auer,::. ayor ATTEST: JV# Hegy4od, Town QeW E i O 0 2 111111111111111111111111111111111111111111111111111 IN 3755784 03/14/2011 11:44A Weld County, CO 3 of 4 R 26.00 O 0.00 Sieve Moreno Clerk & Recorder EXHIBIT A MEADOW FARM'ODP LEGAL DESCRIPTION A PORTION OF LOT A RECORDED EXEMPTION NO. 1313-04-2-RE2540, ACCORDING TO THE MAP RECORDED JANUARY.11, 2000 ATRECEPTIONNO. 2743689, BEING APART OF THE NORTHWEST QUARTER OF SECTION4, TOWNSHIP 2'NORTH,RANGE 68 WEST OF THE.6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 4 AS MONUMENTED BY A RECOVERED 3-I14" ALUMINUM CAP, "LS 37945" AND ATTHE NORTH QUARTER CORNER OF SAID SECTION 4 BY A RECOVERED 3-1/4 ALUMINUM CAP, "LS- 22098" IS ASSUMED TO. BEAR N 89030'56" E, A MEASURED DISTANCE OF 2634.41, FEET, WITH ALL BEARINGS RELATIVE TO. HEREON; THENCE S 01005'30" W, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 30.01 FEET, TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY BOOK.86 ATTAGE.273, SAID POINT ALSO BEING 30.00 FEET SOUTH AND PERPENDICULAR TO THE.NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE POINT OF BEGINNING;, THENCE N 8903.0'56"'E, ALONG THE SOUTHERLY LINE OF SAID RIGHT-OF-WAY LINE AND BEING.PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 300.11 FEET; THENCE DEPARTING SAID SOUTHERLYRIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF ON THE NORTHWEST QUARTER OF SAID SECTION 4;. S 01 °05'30" W, A DISTANCE OF 370.14 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE ALONG THE SOUTH LINE OF SAID LOT A AND. BEING PARALLEL TOTHE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION4, S 89-30-56" W, A DISTANCE OF 300.1.1 FEET TO THE SOUTHWEST CORNER .OF SAID LOT A, SAID POINT ALSO BEING ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 01°05'30" E, A DISTANCE OF 370.14 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS,1'11,040 SQ. FT. OR 2.549 AC., MORE OR LESS. 3 11111111111411111111111111111�1111111Ili_ , .�. �� ..�.. ;.•� 11 IN 3755784 0311412011 i i ..44A weld County, Cfl Recorder 4 of 4 R 26.00 Q 0.00 Steve Morena Clerk & EXHIBIT B Meadow Farm Annexation Conditions of Approval Annexation and Initial. ZoninglODP Notebook 1., Submit,a.revised Development Application and change the project name.fedin "Meadow Farms: Annexation No. 1"to "Meadow Farm Annexation." 2. Execute an Annexation Agreement, prepared by the Town Attorney., 3. Submit. an updated Title Commitment; dated no later than one month prior to recording of .final documents. 4. Petition for inclusion into-the.Frederick-Firestone F ire ProtectionDistrict,: the .Carbon -Valley Recreation District and.the St. Vrain Sanitation: District once the annexation is corhplete. .General .S. Prov.ide.submittals to St. Vram" Sanitation.District'and:Frederick Firestone F'ire.Prevention District: 6, Revise OOP text as,noted in the red -lines included with the staff report dated November 16, 2009. Annexation Map 7. Modify plans pursuant town Engineer redlines. 8. Remove all references to. "Annexation'No.. 1" so the 'title 'is "Meadow'Farm:Annexation". 9. Identify all existing easements and right-of-ways as noted in the Title; Commitment: Outline DeyelopmentTlan 10. Label and show'the existing buildings andnote-whetheftheyare to. remain or to be removed. 11. Label and show existing paved surfaces and. fencing. 12. Make, map' sheet 2, map sheet 3 . 4 PLEASE RETURN TO: Town of Firestone Box 100 1161 Gant Ave. Firestone, Colorado 80520 ORDINANCE NO.742 AN ORDINANCE REPEALING AND REENACTING SECTION 9.16.070 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE TOWN'S REGULATION OF FIREWORKS WHEREAS, pursuant to its authority in C.R.S. §§ 12-28-107 and 31-15-601(1)0), the Board of Trustees previously adopted an ordinance imposing a ban on the sale, possession, and use of fireworks within the Town; and WHEREAS, pursuant .to its authority in C.R.S. §§ 12-28-107 and 31-15-601(1)0), the Board of Trustees desires to repeal and reenact Section 9.16.070 of the Firestone Municipal Code in order to regulate the possession, discharge, sale, and display of fireworks within the Town, including permitting the sale and use of permissible fireworks under Colorado law under certain circumstances; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 9.16.070 of the Firestone Municipal Code is hereby repealed in its entirety and reenacted, to read in full as follows: 9.16.070 Regulation of fireworks. A. Definitions. For the purposes of this Section, the following words and terms shall be defined as follows: 1. "Fireworks" means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and that meets the definition of articles pyrotechnic and display fireworks as such terms are defined in Section 12-28-101, C.R.S. as may be amended, and permissible fireworks as defined in this Section. Excluded from this definition are the following: a. Toy caps, party poppers, and items similar to toy caps and party poppers that do not contain more than sixteen milligrams of pyrotechnic composition per item and snappers that do not contain more than one milligram of explosive composition per item; b. Highway flares, railroad fusees, ship distress signals, smoke candles, and other emergency signal devices; C. Educational rockets and toy propellant device type engines used in such rockets when such rockets are of nonmetallic construction and utilize replaceable engines or model. cartridges containing less than two ounces of propellant and when such engines or model cartridges ate designed to be ignited by electrical means; and 1 d. Fireworks which are used in testing or research by a licensed explosives laboratory. 2. "Fireworks Stand" means any location used for the lawful sale of permissible fireworks. A fireworks stand may include any -temporary structure, tent, canopy, temporary membrane structure, fenced area, or other place where permissible fireworks are lawfully sold. A fireworks stand may not be a building, vehicle or trailer. I "Permissible Fireworks" include: a. Cylindrical fountains with a total pyrotechnic composition not exceeding seventy-five grams each for a single tube or, when more than one tube is mounted on a common base, a total pyrotechnic composition of no more than two hundred grams; b. Cone fountains with a total pyrotechnic composition not exceeding fifty grams each for a single cone or, when more than one cone is mounted on a common base, a total pyrotechnic composition of no more than two hundred grams; C. Wheels with a total pyrotechnic composition not exceeding sixty grams for each driver unit or two hundred grams for each complete wheel; d. Ground spinners containing not more than twenty grams of pyrotechnic composition venting out of an orifice usually in the side of the tube, similar in operation to a wheel, but intended to be placed flat on the ground; C. Illuminating torches and colored fire in any form with a total pyrotechnic composition not exceeding two hundred grams each; f. Dipped sticks and sparklers with a total pyrotechnic composition not exceeding one hundred grams, of which the composition of any chlorate or perchlorate shall not exceed five grams; g. Any of the following that do not contain more than fifty milligrams of explosive composition: i. Explosive auto alarms; ii. Toy propellant devices; iii. Cigarette loads; iv. Strike -on -box matches; or F) V. Other trick noise makers; h. Snake or glow worm pressed pellets of not more than two grams of pyrotechnic composition and packaged in retail packages of not more than twenty-five units; and i. Multiple tube devices with: i. Each tube individually attached to a wood or plastic base; ii. The tubes separated from each other on the base by a distance of at least one-half of one inch; iii. The effect limited to a shower of sparks to a height of no more than fifteen feet above the ground; iv. Only one external fuse that causes all of the tubes to function in sequence; and V. A total pyrotechnic composition not exceeding five hundred grams. Excluded from the definition of "Permissible Fireworks" are aerial devices or audible ground devices, including, but not limited to, firecrackers. B. Prohibited Acts. Except. as provided in Subsections C, D, and E of this Section, it is unlawful for any person to possess, sell, offer for sale or possess with the intent to offer for sale, or to use, discharge or explode any fireworks within the Town. C. Permissible Possession and Use of Fireworks. It is permissible for a person to possess permissible fireworks at any time. It is permissible for a person to use, discharge and explode permissible fireworks on private property within the Town between the hours of 10:00 a.m. to 11:00 p.m. on the Fourth of July, and when the Fourth of July falls on a Saturday or Sunday, it is permissible for a person to use, discharge or explode fireworks on the federally observed Fourth of July holiday, which generally. is July 3 if July 4 falls on Saturday and July 5 if July 4 falls on a Sunday. No person shall possess, use, discharge or explode any fireworks, including permissible fireworks, while in any park, parkway, street, recreation area, trail or open space, or any other public property unless such person has first obtained a permit for the supervised display of fireworks in accordance with Subsection D below. D. Permits for Display. The Town Manager may grant permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks and other organizations and groups. 1. Application for a permit shall be made in writing at least fifteen days in advance of the date of display and shall be accompanied by payment of an 3 application fee of one hundred dollars. 2. Every display shall be handled by a competent operator and shall be of such character and so located, discharged and fired as not to be hazardous to property or endanger any person. 3. Before a permit is granted, the operator and the location and handling of the display shall be approved, after investigation, by the Chief of Police and the Fire Chief or such chiefs' authorized agents. 4. No permit shall be transferable or assignable. 5. No permit shall be required for a public display of fireworks at any duly authorized county fair, or at a display of the Town, provided that the person engaging in such display has been specifically authorized in advance by the organizers of such fair to undertake such display, and such display is supervised by the county sponsoring such fair. 6. The Town Manager shall require a performance bond from the permittee in a sum not less than one thousand dollars conditioned on compliance with the provisions of this Section; except that no permittee which is a governmental entity shall be required to file such a bond. 7. The Town Manager is authorized to establish administrative rules setting forth insurance requirements for public displays of fireworks appropriate for the protection of the public and the Town. 8. The Town Manager may impose such other conditions on the permit as it determines necessary for the protection of the public and the Town. 9. All persons obtaining a permit for the public display of fireworks shall comply with all applicable Colorado laws, including, but not limited to Sections 12-28-102, 12-28-104, 12-28-105, 12-28-108, C.R.S. E. Sale of Permissible Fireworks; Permit Required. A person may sell, offer for sale or possess with the intent to offer for sale permissible fireworks within the Town if the person first applies for and obtains a permit from the Town Manager, which permit must be displayed on the premises at all times. 1. Application. Every person who desires to obtain a permit for the sale or possession for sale of permissible fireworks shall file an application with the Town at least thirty days in advance of the proposed sale, which application shall include the following: a. A completed application form provided by the Town including all necessary and required information regarding the permissible 4 fireworks intended to be sold, the amount of merchandise to be on hand, the area or place for sale, all safety and fire protection devices to be utilized, and such other information as required by the Town; b. A site plan drawn to scale showing the location and size of the fireworks stand, all property lines and improvements within 150 feet of the stand including parking lots, buildings, roadways, and overhead utilities; C. A copy of the applicant's Colorado Retailer of Fireworks License from the Colorado Division of Fire Safety; d. A certificate of insurance providing evidence of liability insurance as required by Section 9.16.070.E.3 of this code, naming the Town as an additional insured; e. A non-refundable fee of $150.00 , for each permitted location; £ A refundable $250.00 clean-up deposit for each permitted location; g. Written evidence of authority or permission to use the property for fireworks sales and all related activity; h. A copy of the applicant's sales tax license issued by the Town pursuant to section 3.08,090 of this code; i. A statement and evidence that the applicant is 21 years of age or older; and j. The name and address of an individual 21 years of age or older designated to receive service on behalf of applicant of any notice issued under this code. 2. Restrictions on sale; time; location. The permit for the possession. for sale or sale of permissible fireworks shall be valid only from June 19 at 8:00 a.m. through July 4, or the federally observed Fourth of July holiday if July 4 falls on a Saturday or Sunday, in the year in which the permit is issued. Sales shall only be permitted between the hours of 8:00 a.m. to 10:00 p.m. Fireworks stands shall only be permitted in zone districts in which retail sales are permitted. 3. Liability insurance. All persons obtaining a permit hereunder shall procure and maintain comprehensive general liability insurance, which affords coverage for all claims of bodily injury including death, with limits of liability of at least $500,000.00 per occurrence and $1,000,000.00 in the aggregate, and all R claims for destruction of or damage to property, with limits of liability of at least $500,000.00 per occurrence and $1,000,000.00 in the aggregate, arising out of or in connection with the sale of fireworks. 4. Transfer/assign. No permit shall be transferable or assignable. 5. Processing of permits. The Town Manager shall not grant a permit for a fireworks stand located within three -fourths (3/4) of a mile from another fireworks stand for which a permit was previously granted. Applications. for permits will be processed in the order in which they were received. 6. Other conditions. The Town Manager may impose such other conditions on the permit as it determines necessary for the protection of the public and the Town. 7. Compliance with laws. All persons obtaining a permit for the sale of permissible fireworks from the Town shall comply with all applicable Colorado laws, including, but not limited to Sections 12-28-102, 12-28-105, 12- 28-108, C.R.S. 8. Fireworks stands. It is unlawful for any person to sell any permissible fireworks except from temporary fireworks stands authorized under this Section. Sales from within buildings, from vehicles or trailers are prohibited. Fireworks stands must comply with the following: a. Construction. Fireworks stands shall be constructed of noncombustible or fire resistive materials. When tents, canopies, or temporary membrane structures are used as fireworks stands they shall also comply with the adopted fire code. b. Electrical. All electrical installations shall comply with the adopted electrical code. Generators and generator .fuel shall be located in a protected location at least 25 feet from the fireworks stand. Cords and lighting shall be secured to prevent contact with combustible materials and to prevent any tripping hazards. C. Exits. Distance to an exit from any point in a fireworks stand shall not exceed 15 feet. Two exits shall be available from any point within the structure. Dead-end aisles are prohibited. All fireworks stands shall provide for foot traffic at grade throughout. All aisles and exit openings shall be at least 48 inches in width. Exits shall remain open; no curtain flap or door is allowed when the fireworks stand is occupied. d. Location. No fireworks stand shall be located within 100 feet of any other building, 300 feet of a vehicle fueling station, or three - fourths (314) of a mile from any other fireworks stand. R e. Storage. There shall not be any fireworks stored in any fireworks stand overnight. All fireworks must be removed at the end of each business day and stored in a type 1, 2, 3 or 4 magazine. f. Supervision. Each temporary fireworks stand and each retail sale shall be under the direct personal supervision of a person at least 21 years of age at all times. It is unlawful for any person under the age of 18 years to sell fireworks. g. Smoking. It is unlawful to smoke inside or within 25 feet of a fireworks stand. h. Signage. Each fireworks stand is limited to not more than three signs advertising the stand and 200 square feet of signage. No off - site signs are permitted. i. Parking Lot Coverage. Any fireworks stand which is located in a parking lot shall not cover more than ten percent (10%) of the parking spaces in such lot. j. Combustible materials, ground cover, flammables. No straw, sawdust, hay, or other combustible ground cover may be located inside or within 25 feet of a fireworks stand. Weeds and combustible vegetation shall be removed from the area occupied by a fireworks stand and from areas adjacent to and within 25 feet of a fireworks stand. All trash and rubbish shall be kept in containers at least 25 feet from. a fireworks stand. No flammable or combustible liquids or gases may be stored, placed or used inside or within 25 feet of a fireworks stand. k. Fire extinguisher. One 5 pound, or larger, ABC, U.L. rated 2A-10B:C portable fire extinguisher shall be provided at each cashier location in a fireworks stand. 1. Demonstrations or ignition of fireworks. Demonstration or ignition of fireworks is prohibited within 100 feet of any fireworks stand or any combustible vegetation or materials. M. Ignition sources. The use of any electrical, gas or fuel fired heating device, candle, lantern, oil lamp, open flame or heat generating device or cooking equipment is prohibited within 25 feet of a fireworks stand. All light bulbs in fireworks stands shall be protected and isolated from all combustible materials. n. Phone required. A working telephone shall be available within 100 feet of a fireworks stand at all times the stand is occupied. 7 o. Postings required. i. A no smoking warning sign shall be prominently displayed on the exterior at each entrance and every fifteen (15) feet above product displays throughout the interior of each fireworks stand, stating: NO SMOKING. The no smoking warning signs shall be printed in red lettering on a contrasting background. Letters shall be in a block style print at least 4" high with a 1/2" stroke. ii. An unlawful purchase warning sign shall be prominently displayed at each entrance and at each cashier position in a fireworks stand stating: WARNING -IT IS UNLAWFUL FOR ANY PERSON UNDER THE AGE OF 16 TO BUY FIREWORKS. Unlawful purchase signs shall be printed in a color contrasting with the background. Letters shall be in a block style print at least 2" high with a 3/8" stroke. F. Violations; penalty. Any person who violates any provision of this Section is guilty of a misdemeanor and, upon conviction thereof, subject to revocation of the license or permit, if a license or permit has been issued to such person by the Town, in addition to the penalties set forth in Section 9.04.040 of this title. Each day or portion thereof during which any act prohibited under this Section is committed, continued or permitted shall be deemed a separate offense. The Chief of Police and the Chiefs designees may seize, take, remove and destroy, at the expense of the violator, any and all fireworks stored, held, or possessed in violation of this Section. G. Emergency Prohibition of the Use of Fireworks and Permissible Fireworks by Ordinance or Resolution. In the event that the Governor of the State of Colorado, State Legislature, or other local, state, or federal governmental entity, endowed with decisionmaking authority concerning the use and sale of fireworks and permissible fireworks, or in the event that the board of trustees, due to dry weather conditions or other factors which through the danger of fire present a health and safety concern to the citizens and property of the Town, determine that a total prohibition of the use, sale and possession of fireworks and/or permissible fireworks is necessary and required, then the board of trustees may by emergency ordinance or resolution prohibit the use, sale and possession of fireworks and/or permissible fireworks for such time and under such conditions as the board of trustees deems necessary for the health, safety, and welfare of its citizens and property. H. Designees. Wherever this Section authorizes or requires the Town Manager or Chief of Police to undertake any action, he or she may authorize a designee to undertake such action. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is 9 held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 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. Section 4. The repeal or modification of any provision of the Firestone Municipal Code by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 2ph day of March, 2010. ATTEST: TOWN OF FIRESTONE, COLORA.DO cli Chad Auer, M or .11 �� � III�III��I�IIIIII�I�IIIIIIII�I�IIIIIIIIII�I 3696269 05/2812010 12:47P Weld CAanti, CO / 1 of 2 R 11.00 d 0.00 Steve MWreno Clerk & Rec�� ORDINANCE NO.2-3 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE WELD COUNTY ROAD 26 ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain property, to be known as the Weld County Road 26 Annexation No. 1 and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 8, 2010 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 2, 9, 16, and 23, 2010 in the Longmont Daily Times -Cali, and March 3, 10, 17, and 24, 2010, in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Weld County Road 26 Annexation No. 1, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. 1NTRODED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 2j day of A Pl'i , 2010. TOWN OF FIRESTONE, COLORADO ATTEST: *Cltk/?� ayor 70WNHegw od, Town _ S '• Ea10 3696269 05i2${2010 12.471"Weld G 2 of 2 R 11.00 0 0.00 Ste,4e Mom clerk& ec Eder EXHIBIT A LEGAL DESCRIPTION WELD COUNTY ROAD 26 ANNEXATION NO. 1 DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 114 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 114 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32 TO BEAR NORTH 89041'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE NORTH 00° 57'40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 78043'46" WEST, A DISTANCE OF 149.53 FEET TO THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE SOUTH 78-09-37" EAST, A DISTANCE OF 150.00 FEET TO THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 5 AND THE SOUTH RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 00°39'24" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 5, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.10 ACRES OR 4356 SQUARE FEET, MORE OR LESS. I please Return To., Town of Firestone P.O. Box 100 Firestone, CO 80520 3696271 05/28/2010 12:47P W& Cf)...ty, _0 2�J 1 of 2 R 11.00 n 0.00 Steve Nlareric Cierr & Recunrder ORDINANCE NO. �4 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE WELD COUNTY ROAD 26 ANNEXATION NO.2 TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain property, to be known as the Weld County Road 26 Annexation No. 2 and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 8, 2010 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 2, 9, 16, and 23, 2010 in the Longmont Daily Times -Call, and March 3, 10, 17, and 24, 2010, in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Weld County Road 26 Annexation No. 2, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUg yD, REAff—r OP ED, APPROVED AND ORDERED PUBLISHED IN FULL this l a of 1 , 2010. TOWN OF FIRESTONE, COLORADO ATTEST: `"` a, �RF_STO /„ F r.............% r. t Juyqiegwoqjr, Town Clerk r Q 111111111111111111111111111 IN 111111 ��� 111�1111� 1I1� 3696271 05128/2010 12:47P Weld County. 00 ` 2 of 2 Ff 11.00 •D 0.00 S�Lus I4larer�r Olcr� � � 6Ci:"a�: EXHIBIT A LEGAL DESCRIPTION WELD COUNTY ROAD 26 ANNEXATION NO.2 DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO.2 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 114 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 114 OF SECTION 5; TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32 TO BEAR NORTH 89°41'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE NORTH 000 57'40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 114 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°00'20" WEST, A DISTANCE OF 748.45 FEET TO THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE SOUTH 87024'05" EAST, A DISTANCE OF 748.93 FEET TO THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 5 AND THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 78009'37" WEST, A DISTANCE OF 150.00 FEET TO THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE NORTH 78043'46" EAST, A DISTANCE OF 149.53 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.41 ACRES OR 17,860 SQUARE FEET, MORE OR LESS. Please Return To Town of Firestone P.O. Box 100 Firestone, CO 80520 �... IIIIIIIilliil111lllilillllllllllilllillllillllllllllll 3696273 05/28/2010 12:47P ;Nell County, CO 273 1 of 2 R 11.00 0 0.00 Steve Mm,eno Clerk & Recorder ORDINANCE NO.7 4-/,5- AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE WELD COUNTY ROAD 26 ANNEXATION NO.3 TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain property, to be known as the Weld County Road 26 Annexation No. 3 and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 8, 2010 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 2, 9, 16, and 23, 2010 in the Longmont Daily Times -Call, and March 3, 10, 17, and 24, 2010, in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Weld County Road 26 Annexation No. 3, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, AD PTED, APPROVED AND ORDERED PUBLISHED IN � FULL this ay of r , 2010. TOWN OF FIRESTONE, COLORADO �L �J ATTEST: f �OWN10 QD �� J y Hegod, Town CleiO o o 'o kllli�t IIIII I1i��� llllll IIII� II�� I1�11� Ill ll��l i�l� ill 3696273 05I2812010 12:47P Weld Countt , CO 2 of 2 R 11.00 D 0.00 SRev, Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION WELD COUNTY ROAD 26 ANNEXATION NO.3 DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 114 OF SECTION 32, AND THE SOUTHEAST 114 OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 114 OF SECTION 5, AND THE NORTHEAST 114 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32 TO BEAR NORTH 89041'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE NORTH 00° 57'40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 114 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°41'50" WEST COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2397.47 FEET; THENCE SOUTH 88059'33" WEST, A DISTANCE OF 1320.20 FEET TO THE SOUTH LINE OF THE SOUTHEAST 114 OF SAID SECTION 31; THENCE SOUTH 88°24'12" EAST, A DISTANCE OF 1320.20 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE NORTHEAST CORNER OF FIRESTONE TRAIL ANNEXATION NO. 2, AS SHOWN ON THE PLAT RECORDED FEBRUARY 27, 2002 AT RECEPTION NO.2928666 IN THE RECORDS OF THE CLERK AND RECORDER FOR ADAMS COUNTY COLORADO; THENCE SOUTH 89°41'50" EAST COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2397.95 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 5; THENCE NORTH 87024'05" WEST, A DISTANCE OF 748.93 FEET TO THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE NORTH 88°00'20" EAST, A DISTANCE OF 748.45 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.70 ACRES OR 161,172 SQUARE FEET, MORE OR LESS. Please Return roa Town of Firestone P.O.'Box 100 Firestone, CO 80520 r 11111111111 Ell 111111111111111111 IN 215 3696275 05/2812010 12:�a7P 1'1Lfd County, CO of 2 R 11.00 0 0.00 Steve Moreno Clerk & i�eoorder ORDINANCE NO. 7 Ll r AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE WELD COUNTY ROAD 26 ANNEXATION NO.4 TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain property, to be known as the Weld County Road 26 Annexation No. 4 and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 8, 2010 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 2, 9, 16, and 23, 2010 in the Longmont DailTimes-Call, and March 3, 10, 17, and 24, 2010, in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Weld County Road 26 Annexation No. 4, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this a?J*14day of �} r7 f 12010. TOWN OF FIRESTONE, COLORADO ATTEST: QLudIct 10 Hegw d, TownC 12:47P 1Veld COU.'itY, Co i 3696275 05128/2014 2 nf_ 2 R 11.44 � Ilrlora,�s •"•=�r'f '� EXHIBIT A LEGAL DESCRIPTION WELD COUNTY ROAD 26 ANNEXATION NO, 4 DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO.4 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1I4 OF SECTION 32, AND THE SOUTH'/2 OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 114 OF SECTION 5, AND THE NORTH 112 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 114 OF SAID SECTION 31 TO BEAR NORTH 89047'27" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHEAST CORNER OF FIRESTONE TRAIL ANNEXATION NO. 2 AS SHOWN ON THE PLAT RECORDED FEBRUARY 27, 2002 AT RECEPTION NO. 2928666 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY COLORADO; SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 89041'50" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE NORTH LINE OF SAID FIRESTONE TRAIL ANNEXATION NO. 2, A DISTANCE OF 272.02 FEET TO THE EAST LINE OF THE NORTHEAST 114 OF SAID SECTION 6; THENCE NORTH 89°42'27" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2651.86 FEET TO THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 6; THENCE NORTH 89042'58" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1247.84 FEET TO BROOKS FARM SECOND ANNEXATION AS SHOWN ON THE PLAT RECORDED JUNE 15, 2001 AT RECEPTION NO. 2857771 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY COLORADO; THENCE NORTH 00°44'02" EAST, COINCIDENT WITH THE EAST LINE OF SAID BROOKS FARM SECOND ANNEXATION, A DISTANCE OF 60.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 89042'58" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1247.18 FEET TO THE EAST LINE OF THE SOUTHWEST 114 OF SAID SECTION 31; THENCE SOUTH 89°42'27" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2652,03 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE SOUTH 89a41'50" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 272.05 FEET; THENCE SOUTH 88°59'33" WEST, A DISTANCE OF 1320.20 FEET TO THE SOUTH LINE OF THE SOUTHEAST 114 OF SAID SECTION 31; THENCE SOUTH 88024'12" EAST, A DISTANCE OF 1320.20 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINS 4.84 ACRES OR 210,830 SQUARE FEET, MORE OR LESS. ml 191 Meal- RCturn To: Town Of Firestme P.O. Box 100 Firestone, Ct� 80520 27j 3696277 05/2812010 12:47P Weld Countt , CO 1 of 5 R 26.00 O.QQ Steve Moreno Clerk &Recorder ORDINANCE NO.7 AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE WELD COUNTY ROAD 26 ANNEXATION NO. 1 — NO. 4 ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Weld County Road 26 Annexation No. 1 — No. 4, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property, known as the Weld County Road 26 Annexation No. 1 — No. 4, was annexed to the Town by ordinance, and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested the R-1 Residential District zoning classification of the property; and WHEREAS, the R-1 Residential District zoning classification is consistent with the Town's plan for the area encompassed by the Weld County Road 26 Annexation No. 1 — No. 4; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23- 305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Weld County Road 26 Annexation No. 1 — No. 4 to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned R-1 Residential District, pursuant to the zoning ordinances of the Town, and the Town zoning map shall be amended accordingly. I f ��III ��I�I IIIIII �I�I III! III If 11� �� �!I II 3696277 0512812610 12_47P Weld Couiitti, Co 2 of 5 R 26.OU D U.UU Steve Morena Clerk & Recorder INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �"day of A.p . j 2010. �1 TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ATTEST: �F�RES NO�� a Ju egw d m t = o rt Town Clerk o + o nQi;:• ••.......• O`er 2 3696277 0512812010 12:47F tt.lell1 OflUllty, 00 3 of 5 R 26.00 0 0.00 Steve Moreno Clark & Recorde, EXHIBIT A LEGAL DESCRIPTION WELD COUNTY ROAD 26 ANNEXATION NO. 1— NO.4 DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 114 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 114 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32 TO BEAR NORTH 89°41'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE NORTH 000 57'40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 114 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 78043-46" WEST, A DISTANCE OF 149.53 FEET TO THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE SOUTH 78009'37" EAST, A DISTANCE OF 150.00 FEET TO THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 5 AND THE SOUTH RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 00°39'24" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 5, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.10 ACRES OR 4356 SQUARE FEET, MORE OR LESS. DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO.2 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 114 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 114 OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32 TO BEAR NORTH 89-41-50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE NORTH 00° 57'40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 114 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°00'20" WEST, A DISTANCE OF 748.45 FEET TO THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE SOUTH 87024'05" EAST, A DISTANCE OF 748.93 FEET TO THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 5 AND THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 78009'37" WEST, A DISTANCE OF 150.00 FEET TO THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE NORTH 78°43'46" EAST, A DISTANCE OF 149.53 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.41 ACRES OR 17,860 SQUARE FEET, MORE OR LESS. DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE 3 3696277 0512812010 12:47P tVeld Coarnt ' 80 4 of 5 R 26.00 0 0.00 S.et,e mooreno Clerk & Recader A PARCEL OF LAND LOCATED IN THE SOUTHWEST 114 OF SECTION 32, AND THE SOUTHEAST 114 OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 114 OF SECTION 5, AND THE NORTHEAST 114 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32 TO BEAR NORTH 89041'50" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE NORTH 00° 57-40" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 114 OF SAID SECTION 32, A DISTANCE OF 30.01 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°41'50" WEST COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2397.47 FEET; THENCE SOUTH 88059-33" WEST, A DISTANCE OF 1320.20 FEET TO THE SOUTH LINE OF THE SOUTHEAST 114 OF SAID SECTION 31; THENCE SOUTH 88*24'12" EAST, A DISTANCE OF 1320.20 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE NORTHEAST CORNER OF FIRESTONE TRAIL ANNEXATION NO. 2, AS SHOWN ON THE PLAT RECORDED FEBRUARY 27, 2002 AT RECEPTION NO.2928666 IN THE RECORDS OF THE CLERK AND RECORDER FOR ADAMS COUNTY COLORADO; THENCE SOUTH 89°41'50" EAST COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2397.95 FEET TO THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 5; THENCE NORTH 87024'05" WEST, A DISTANCE OF 748.93 FEET TO THE SOUTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 32; THENCE NORTH 88°00'20" EAST, A DISTANCE OF 748.45 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.70 ACRES OR 161,172 SQUARE FEET, MORE OR LESS. DESCRIPTION OF WELD COUNTY ROAD 26 ANNEXATION NO.4 TO THE TOWN OF FIRESTONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST 114 OF SECTION 32, AND THE SOUTH Y2 OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 67 WEST, AND THE NORTHWEST 114 OF SECTION 5, AND THE NORTH 112 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 114 OF SAID SECTION 31 TO BEAR NORTH 89047'27" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHEAST CORNER OF FIRESTONE TRAIL ANNEXATION NO. 2 AS SHOWN ON THE PLAT RECORDED FEBRUARY 27, 2002 AT RECEPTION N0, 2928656 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY COLORADO; SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 89041'50" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE NORTH LINE OF SAID FIRESTONE TRAIL ANNEXATION NO. 2, A DISTANCE OF 272.02 FEET TO THE EAST LINE OF THE NORTHEAST 114 OF SAID SECTION 6; THENCE NORTH 89042,27" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2651.86 FEET TO THE EAST LINE OF THE NORTHWEST 114 OF SAID SECTION 6; THENCE NORTH 89042'58" WEST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1247.84 FEET TO BROOKS FARM SECOND ANNEXATION AS SHOWN ON THE PLAT RECORDED JUNE 15, 2001 AT RECEPTION NO. 2857771 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY COLORADO; THENCE NORTH 00044'02" EAST, COINCIDENT WITH THE EAST LINE OF SAID BROOKS FARM SECOND ANNEXATION, A DISTANCE OF 60.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 89042'58" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1247.18 FEET TO THE EAST LINE OF THE SOUTHWEST 114 OF SAID SECTION 31; THENCE SOUTH 89°42'27" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 2652.03 FEET TO THE EAST LINE OF THE 4 3696277 05128/2010 12:47P Weld C;iflMV, CO 5 of 5 R 26.00 D 0.00 Steve Moru,,o ;lerk & 3ecorft , SOUTHEAST 114 OF SAID SECTION 31; THENCE SOUTH 89°41'50" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 272.05 FEET; THENCE SOUTH 88059'33" WEST, A DISTANCE OF 1320,20 FEET TO THE SOUTH LINE OF THE SOUTHEAST 114 OF SAID SECTION 31; THENCE SOUTH 88024'12" EAST, A DISTANCE OF 1320.20 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 4.84 ACRES OR 210,830 SQUARE FEET, MORE OR LESS. 61 F1ease awrra ro° Town of Firestone P.O. Pox 100 Firestone. C,0 .W520 ORDINANCE NO.748 AN ORDINANCE AMENDING SECTION 2.56.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING MEMBERSHIP OF THE FIRESTONE PLANNING AND ZONING COMMISSION WHEREAS, pursuant to applicable state law, the Town has previously created a Planning and Zoning Commission; and WHEREAS, pursuant to C.R.S. § 31-23-203(4), and notwithstanding the provisions of C.R.S. §§ 31-23-203(1) and (3), the Board of Trustees may provide by ordinance for the size, membership, designation of alternate membership, terms of members, removal of members, and filling of vacancies of the Planning and Zoning Commission; and WHEREAS, the Board of Trustees by this ordinance desires to amend Section 2.56.020 of the Firestone Municipal Code to provide for terms of office for the Planning and Zoning Commission to commence on the fourth Thursday of January in odd -number years, and to lengthen current terms of office to facilitate such staggering of terms for the Planning and Zoning Commission; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.56.020 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are str- y.en through): 2.56.020 Members. The town planning and zoning commission shall consist of seven members who shall be appointed by the mayor and the appointment of whom shall be confirmed by a majority of the board of trustees. The term of office each fneffibef shall be six years and , e�ieept that initial appointments shall be previde-fie staggered tefms so that at least two vacancies occur every two years. All terms shall commence on the fourth Thursday in January in the year of appointment and shall expire six years thereafter. Members may be removed, after public hearing, by the mayor for inefficiency, neglect of duty or malfeasance in office. The mayor shall file a written statement of reasons for such removal. Vacancies in membership occurring otherwise than through the expiration of term shall be filled for the remainder of the unexpired term by the mayor. The r-espmilve tefms of the m­e_ffl..bR_Fs first appointed shall be fixed and Section 2. Notwithstanding any provision of Section 1 of this Ordinance to the contrary, and for the purpose of effecting the staggering of terms as provided for in this Ordinance, the following appointments to the following terms are hereby confirmed, and the following terms of office of the Planning and Zoning Commission are hereby extended, as follows: a. The appointment of Bill Peterson is hereby confirmed, such appointment to be for a term commencing May 13, 2010 and expiring January 26, 2017. b. The appointment of Jeremy Pilon is hereby confirmed, such appointment to be for a term commencing May 13, 2010 and expiring January 26, 2017. c. The appointment of Katherine Ridenour is hereby confirmed, such appointment to be for a term commencing May 13, 2010 and expiring January 26, 2017. d. The term of office of the seat currently set to expire August 26, 2010 is extended to and shall expire on January 24, 2013. e. The term of office of the seat currently set to expire September 11, 2012 is extended to and shall expire on January 24, 2013'. f. The term of office of the seat currently set to expire June 16, 2014 is extended to and shall expire on January 22, 2015. g. The term of office of the other seat currently set to expire June 16, 2014 is extended to and shall expire on January 22, 2015. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 13th day of May, 2010 2 TOWN OF FIRESTONE, COLORADO ?,E s roNF�—�- r' TOW" r t Chad Auer r• m = 8 L ' 0 Mayor �' I-TyY G. ATTEST: 5l13/10 6:55 PM[mac]S:lOffiicelP"irestonelOrdinance\PlanningCommisdonMembership ORDINANCE NO. AN ORDINANCE AMENDING SECTION 15.32.020 OF THE FIRESTONE MUNICIPAL CODE TO ENACT AMENDMENTS TO THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE AS ADOPTED BY THE TOWN WITH AMENDMENTS IN ORDER TO REGULATE PUBLIC SAFETY RADIO AMPLIFICATION SYSTEMS WHEREAS, the Board of Trustees adopted Ordinance No. 670 on February 28, 2008, which adopted by reference the 2006 Edition of the International Fire Code with certain amendments; and WHEREAS, the Frederick -Firestone Fire Protection District has recommended that the Board of Trustees further amend the 2006 Edition of the International Fire Code in order to address emergency communication concerns not addressed in the Town's Fire Code; and WHEREAS, the Board of Trustees has determined it is in the best interest of the citizens of Firestone, and in the interest of the public health, safety and general welfare, to further revise the 2006 International Fire Code to include provisions regulating public safety radio amplification systems; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.32.020 of the Firestone Municipal Code is hereby amended to adopt a new subsection,D to read as follows: D. The following new Chapter 5, Section 511 is added: CHAPTER 5, SECTION 511 PUBLIC SAFETY RADIO AMPLIFICATION SYSTEMS 511.1 General. Public safety radio amplification systems for the enhancement of emergency services communications within buildings shall be designed, installed and maintained in accordance with this section. 511.2 Approval and Permit. Plans shall be submitted for approval prior to installation. At the conclusion of successful acceptance testing, a renewable permit shall be issued for the public safety radio enhancement system by the town. 511.3 Where required. Subject to the exceptions provided for below, where adequate radio coverage cannot be established within a building, as defined by the fire code official, public safety radio amplification systems shall be installed in the following locations: 1. New buildings with a total building area greater than 50,000 square feet. For the purposes of this section, fire walls shall not be used to define separate buildings. 2. All new basements over 10,000 square feet. 3. Existing buildings meeting the criteria of section number 1 or 2 of above undergoing alterations or additions exceeding 50% of the existing aggregate area of the building as of the date of this ordinance. Exceptions: 1. One- and two-family dwellings and townhouses. 2. If approved by the fire code official, buildings that provide a documented engineering analysis indicating the building is in compliance with radio reception levels in accordance with Section 511.3 and final fire department testing. 511.4 Design and installation. Public safety radio amplification systems shall be designed and installed in accordance with the criteria established by the fire code official based on the capabilities and communication features of the jurisdiction providing the emergency services. Except as otherwise provided in this section, no person shall erect, construct, or modify any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for emergency services providers. 1. After a building permit has been issued, upon request by the owner or the owner's agent, the fire department will, within ten to fourteen days, identify the frequency range or ranges that must be supported. 2. In the event that an emergency service provider modifies its communications equipment in any way that impairs its ability to communicate with an existing system installed in accordance with this section, such agency shall be responsible for all costs associated with reestablishing communications within the affected building or structure. 3. For purposes of this section, adequate radio coverage shall constitute a successful communications test between the building and the communications centers for all appropriate emergency service providers for the building. Inbound into the building; A minimum average in -building field strength of (-95 dBm) throughout 100% of the area of each floor of the building when transmitted from the appropriate emergency service dispatch centers which are providing police, fire and emergency medical protection services to the building is required. If the field strength outside the building where the receiver antenna system for the in- building system is located, is less than the -95 dBm, then the minimum required in - building field strength shall equal the field strength being delivered to the receive antenna of the building. 2 As used in this part, 100% coverage or reliability means the radio will transmit 85% of the time at the field strength and levels as defined in this subsection. Outbound from the building: A minimum average signal strength of (-95 dBm) as received by the appropriate emergency service dispatch centers which are providing police, fire and emergency medical protection services to the building is required. FCC Authorization: If amplification is used in the system, all FCC authorizations must be obtained prior to the use of the system. A copy of these authorizations shall be provided to the town. . 511.5 Enhanced Amplification Systems. Where buildings and structures are required to provide amenities to achieve adequate signal strength, such buildings and structures shall be equipped with any of the following to achieve the required radio coverage: radiating cable systems, internal multiple antenna systems with a frequency range as established in Section 511.4, with amplification systems as needed. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operation on an independent battery and/or generator system for a period of at least 12 hours without external power input or maintenance. The battery system shall automatically charge in the presence of external power input. The public radio enhancement system shall include automatic supervisory and trouble signals 'for malfunction of the signal booster(s) and power supplies that are annunciated by the fire alarm system. 511.6 Final Acceptance Test. A minimum signal strength of -95 DBM must be receivable in 90% of the area of each floor of the building when a 700/800 MHZ radio signal is transmitted from the nearest public safety radio communication site. A minimum signal strength of -95 DBM must be received at the nearest public safety radio communication site when a 700/800 MHZ radio signal is transmitted from 90% of the area of each floor of the building. The 700/800 MHZ frequency range must be able to be received and transmitted within 90% of the structure at least 95% of the time. 511.7 Testing Procedures. Tests shall be made using frequencies close to the frequencies used by the emergency services agencies. If testing is done on the actual frequencies, then this testing must be coordinated with the appropriate emergency services agencies. All testing must be done on frequencies that are authorized by the FCC. A valid FCC license will be required if testing is done on frequencies different from the police, fire or emergency medical frequencies. 3 Where in -building radio coverage is required, and upon completion of the installation, it will be the building owner's responsibility to have the radio system tested to ensure that two-way coverage on each floor of the building is a minimum of 90%. Each floor of the building shall be divided into a grid of approximately 20 equal areas. A maximum of two (2) nonadjacent areas will be allowed to fail the test. In the event that three of the areas fail the test, in order to be more statistically accurate, the floor may be divided into 40 equal areas, and if so divided, a maximum of four (4) nonadjacent areas will be allowed to fail the test. 511.8 Annual Tests. Building owners shall conduct tests at a minimum of once every 12 months to ensure working order of all active components of the system, including, but not limited to, signal boosters, power supplies, and backup batteries. If the communications appear to have degraded or if the tests fail to demonstrate adequate system performance, the owner of the building or structure is required to remedy the problem and restore the system in a manner consistent with the original approved criteria. If the degradation to the system is due to building additions or remodeling, the owner of the building or structure is required to remedy the problem and restore the system in a manner consistent with the original approval criteria in order to obtain a final inspection for occupancy. Any system degradation or failure not related to the performance of the owners on- site system will be the responsibility of the appropriate emergency service agency. 511.9 Maintenance. Public safety radio amplification systems shall be maintained in an operative condition at all times and shall be replaced or repaired where defective. A complete and accurate maintenance log shall be kept at the site at all times, made available for inspection by the fire code official and such official's designees, and shall, at a minimum, include the following information: 1. Installing Contractor 2. Site Address 3. Maintenance Performed 4. Maintenance Contractor Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 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. rd Section 4. The repeal or modification of any provision of any prior ordinance by this ordinance 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 provision, and each provision 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. INTRODUCEh__RFAD, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day dff !.12010. �y TOWN OF FIRESTONE, COLOR -ADO Chad Auer Mayor ATTEST: yHe od own Cler�RE5rp�� (0'ej-tv � 10WIV +Ei4 QS:IF'veslonelOrdinancelFire Code Ordinance (4.19-10).doc• • f (,�- .0 rY, Gov 5 ORDINANCE NO. 750 AN ORDINANCE OF THE TOWN OF FIRESTONE EXTENDING THE TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, OR ISSUANCE OF APPLICATIONS OR REQUESTS FOR BUSINESS LICENSES, BUILDING PERMITS, AND CERTIFICATES OF OCCUPANCY FOR MEDICAL MARIJUANA DISPENSARIES WHEREAS, the Town of Firestone adopted Ordinance No. 732 on January 28, 2010, which established a temporary moratorium until July 15, 2010 on the acceptance, processing, or issuance of applications or requests for business licenses, building permits, and certificates of occupancy for medical marijuana dispensaries; and WHEREAS, Ordinance No. 732 defined "medical marijuana dispensary" to mean and include "any use of any property or structure to sell, distribute, produce, grow, transmit, give, or dispense marijuana to qualified individuals in accordance with Article XVIII, Section 14 of the Colorado Constitution'; and WHEREAS, H.B. 10-1284 was approved by the Colorado House of Representatives on May 11, 2010, and Governor Bill Ritter is expected to sign the Bill into law; and WHEREAS, H.B. 10-1284 regulates medical marijuana on a state-wide basis; establishes a dual local and state licensing scheme for medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturers; authorizes local regulation and licensing requirements that are. more stringent than those set forth in H.B. 10- 1284; and authorizes a "local option" by which the Board of Trustees or the registered electors of the Town may vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturers licenses; and WHEREAS, H.B. 10-1284 at § 12-43.3-202(1)(b)(I) provides that a municipality "that has adopted a Temporary Moratorium" regarding the subject matter of Article 43.3 . is "specifically authorized to extend the moratorium until the effective date of the rules adopted by the Department of Revenue"; and WHEREAS, the Board of Trustees finds that extending the temporary moratorium enacted by Ordinance No. 732 until July 1, 2011 from its original expiration will allow Town staff and the Board of Trustees additional time to investigate the Town's ability to regulate commercial medical marijuana operations under H.B. 10-1284, gain input on the options available to the Town for regulating medical marijuana operations in the Town, review any draft rules or adopted rules of the Department of Revenue, and develop and implement any appropriate regulations or pursue exercise of a local option consistent with state law; and WHEREAS, the Board of Trustees finds and determines that acceptance and processing of applications or requests for business licenses, sales tax licenses, building permits, and certificates of occupancy for medical marijuana dispensaries and commencing any operation of a medical marijuana dispensary within the Town pending completion of the above -listed review may 1 undermine and defeat the Town's ability to promote and protect the public health, safety, and welfare; and WHEREAS, the Board of Trustees finds and determines that it is necessary and appropriate to extend the temporary moratorium on accepting, processing, or issuance of applications or requests for business licenses, building permits, and certificates of occupancy for medical marijuana dispensaries as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the Board of Trustees. Section 2. The temporary moratorium on the acceptance, processing, or issuance of applications or requests for business licenses, building permits, and certificates of occupancy for medical marijuana dispensaries approved by Ordinance No. 732 is hereby extended until July 1, 2011. The moratorium applies without limitation to medical marijuana dispensaries as defined in Ordinance No. 732 and medical marijuana centers, optional premises cultivation premises, and medical marijuana -infused products manufacturers as defined in H.B. 10-1284. Section 3. Town Staff is hereby directed to study, develop, review and evaluate appropriate recommendations and regulations pertaining to medical marijuana dispensaries for presentation to and consideration by the Board of Trustees, to include evaluation of the effect of H.B. 10-1284 and any related rules and regulations upon the Town's authority to license dispensaries and regulate the operation of and the use of land for dispensaries. Section 4. The provisions of this ordinance are temporary in nature and may be repealed by a subsequent legislative enactment, including a repeal to correspond to the effective date of the Department of Revenue regulations. The temporary moratorium established by this ordinance shall terminate as of July 1, 2011 unless sooner repealed. Section 5. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. 2 I Section 7. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this I Oth day of June, 2010. �\RESTO,y� •' -rowcv•'''� f' s m t. SEA ` a tc • .. f ATTEST: .' W10� ` �� • ; Or TPNN OF FIRESTONE, COLORADO Paul Sorensen Mayor Pro Tern t, J ORDINANCE NO.751 AN ORDINANCE REPEALING AND REENACTING CHAPTER 12.32 OF THE FIRESTONE MUNICIPAL CODE CONCERNING PARKS AND RECREATION FACILITIES WHEREAS, the Board of Trustees finds that regulating the use of the Town's parks and recreation facilities is necessary and appropriate; and WHEREAS, the Board of Trustees desires to. adopt regulations prohibiting certain uses of parks and recreation facilities, establishing permitted hours for use of parks and recreation facilities, and providing for enforcement of those regulations, and to adopt related Municipal Code provisions; and WHEREAS, in promotion of the health, safety, and general welfare of the citizens of the Town of Firestone, the Board of Trustees desires to enact a new Chapter 12.32 of the Firestone Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 12.32 of the Firestone Municipal Code is hereby repealed and - reenacted to read as follows: Chapter 12.32 Parks and Recreation Facilities 12.32.010 Title. This Chapter shall be known as the Parks and Recreation Facilities Regulations of the Town of Firestone, Colorado. 12.32.020 Purpose and intent. The purpose of this Chapter is to regulate the use of the parks and recreation facilities of the Town in order that all persons may enjoy and make use of such parks and recreation facilities and to recognize the interests of residents. in areas surrounding such parks and recreation facilities. . 12.32.030 Definitions. The following words and phrases, whenever used in this Chapter shall have the following meanings: "Director" means until the Town of Firestone appoints a Director of Parks and Recreation, the term "Director" shall refer to the Public Works Superintendent or his orher designee. Upon the appointment of a Director of Parks and Recreation, the term "Director" shall refer to the Director of Parks and Recreation or his or her designee. "Park(s)" means all parks, greenbelts, open spaces, and trails including all parking lots, roadways and facilities therein, under the ownership or supervision of the Town of Firestone. "Recreation Facilities" means specialized recreation areas such as tennis courts, ball fields, recreation centers, skate parks, trails, playgrounds and similar facilities, including associated parking areas and related facilities, under the ownership or supervision of the Town of Firestone, 12.32.040 Hours of operation. Unless otherwise posted, parks and recreation facilities within the,Town shall be open daily from one hour prior to sunrise until one hour after sunset. Games on ball fields shall not be scheduled to commence later than 9:00 p.m, and shall be allowed to continue until the game is complete. Except for employees of the Town acting in the performance of their duties, no person shall loiter in any parks and recreation facilities at any other time. These hours of operation do not apply to the Firestone Trail or other trails that are located on the periphery of a park and that serve as a sidewalk along a public street. 12.32.050 Closures. . The Board of Trustees may designate all or any , portion of a park or recreation facility as closed temporarily, permanently, or for an indefinite period of time. Also, the Director may from time to time close all or a portion of a park or recreation facility to the public or to certain animals, or both, as the Director determines necessary or desirable due to wildlife, vegetation, management review, contractual agreement or public safety concerns. A closure by the Director may be for a temporary, fixed period of time or for an indefinite period of time. Within two business days of making a decision to close a park or recreation facility, the Director shall send notification of the closure to the Board of Trustees. The Board of Trustees may, at a regular or special meeting, rescind or modify the decision of the Director. It shall be unlawful for any unauthorized person to enter parks and recreation facilities that are closed. All closures, whether temporary, permanent, or indefinite, and whether by the Director or by the Board of Trustees, shall be posted at the parks and recreation facilities subject to the closure. 12.32.060 ' Regulations; Prohibited Acts. In the use of any parks or recreation facilities, all persons shall comply 2 with all the regulations of this Chapter and it shall be unlawful for any person to: A. Conduct business, commercial activities or sales for profit in any parks or recreation facilities (such as, by way of example and not limitation, races or events; filming movies or commercials; or equipment demonstrations) without the prior written consent of the Director. Individuals engaging in still camera photography are exempt from this prohibition. B. Sell, vend, peddle, or distribute any merchandise or property whatsoever, or sell tickets (for any event whatsoever) or solicit contributions in any parks or recreation facilities without the prior written consent of the Director. C. Distribute, circulate, give away, throw or deposit in or on any parks or recreation facilities, any handbills, circulars, pamphlets, papers, advertisement, or post or affix the same to any tree, fence, or structure in any Parks or recreation facilities without the prior written consent of the Director. This Subsection C shall not apply to any person engaged in the distribution of non-commercial information in the exercise of such person's First Amendment rights under the United States Constitution. D. Utilize any machine or device, including but not limited to amplifiers, loudspeakers, microphones, bullhorns or similar devices, for the purpose of amplification of human voice, music or any other sound in parks or recreation facilities, except Town employees, firemen or law enforcement officers in the performance of their duties and persons participating in Town -sponsored activities. E. Drive, putt, or in any other fashion play or practice golf or use golf balls or golf clubs in any area of the parks or recreation facilities except in areas set aside and posted for that purpose. F. Operate or park any vehicle as defined in the Model Traffic Code for Colorado within any parks or recreation facilities, except upon areas designated for such use. Vehicles in violation of this Subsection shall be subject to being towed away at the owner's expense. Only persons with a disability may park in spaces designated for persons with disabilities. A license plate or placard obtained pursuant to C.R.S. § 42-3-121, as amended, or otherwise authorized by C.R.S. § 42-4-1208(4), as amended, shall be displayed at all times while the vehicle is parked in such space. G. Park, abandon, or otherwise allow automobiles, motorcycles, bicycles and other conveyances to remain in parks' or recreation facilities' parking lots between one hour prior to sunrise to one hour after sunset, except as follows: 1. During attendance at a function conducted under the 3 approval of the Town. 2. As a Town employee in the performance of his or her duty. 3. In areas as otherwise posted. 4. Vehicles in violation of this Subsection G may be towed away at the owner's expense. H. Wash, repair or service any automobile or other conveyance within any parks or recreation facilities. Town employees acting in the performance of their duties, and persons participating in Town -sponsored activities, are exempt from this Subsection. I. Operate, drive, or ride upon. any motorcycle, snowmobile, auto, off -highway vehicle, farm tractor, or any other motorized or nonmotorized conveyance or device or vehicle in any parks or recreation facilities except when posted specifically for such use, provided that nonmotorized cycles shall be permitted to use pathways within any parks or recreation facilities unless such use is specifically prohibited and signs are posted giving notice of such prohibition. J. Operate or ride a bicycle within any parks and recreation facilities, except on officially designated roads and trails and only when those areas are not posted to prohibit such use. The Director may adopt bicycle use restrictions on specific trails or parks and recreation facilities when such restrictions are necessary for resource protection or safety related issues. Such restrictions shall be posted at the trailheads. It shall be unlawful for any person to violate the posted restrictions. K. Exceptions to the requirements of Subsections I and J may be granted to persons with disabilities, by permission from the Director, for the use of single -rider, motorized and nonmotorized vehicles adapted for recreational use by people with disabilities. Town employees acting in the performance of their duties, and persons participating in Town -sponsored activities, are exempt from Subsections I and J of this Section. L. Bring or maintain in or upon any parks or recreation facilities any dog, cat, or other animal, unless such dog, cat or other animal is kept at all times on a substantial chain or leash, not to exceed six feet (6') in length, and under full control of its owner or custodian. The only exception to leash control is on designated and signed "dog off -leash" areas, where dogs may be off leash only in accordance with the rules and regulations applicable to such dog off -leash areas. The owner or custodian of such animal is responsible for removal of all droppings left by the animal. Droppings shall be removed promptly, but in any event, no later than five (5) minutes from the time of initial deposit by the animal. Persons shall not leave or deposit dogs, cats, fowl, fish, or other animals, whether dead or 4 alive, in any parks, recreation facilities, or lakes, ponds, streams, reservoirs or other bodies of water within such parks or recreation facilities. M. Ride on any horse or any other animal in any parks and recreation facilities except in areas designated and posted specifically for such use. No livestock, including cattle, sheep, goats, horses or any animal shall be allowed to pasture, graze, maintain, ride or walk in any parks and recreation facilities except in areas designated and posted specifically for such use or as permitted in writing by the Director. The owner or custodian is responsible for removal of all droppings left by the animal. Droppings shall be removed promptly, but in any event, no later than five (S) minutes from the time of initial deposit by the animal. N. Leave any garbage, trash, cans, bottles, ashes, papers or other refuse elsewhere than in the receptacles provided. It shall be unlawful for any person to use the receptacles provided for in this Subsection for the purpose of depositing yard clippings or other garbage or trash generated on private property. It is unlawful for any person to deposit yard waste, soil, or landscaping materials on parks and recreation facilities. Where such receptacles are not so provided, all such rubbish or waste shall be carried away from the parks and recreation facilities by the person responsible for its presence, and properly disposed of elsewhere. 0. Encroach into any parks and recreation facilities property with any private improvements, including but not limited to gardens, landscaping, fences, paths or compost piles, or store any personal property on parks and recreation facilities. P. Use, distribute, or consume any alcoholic beverages or 3.2 beer in parks or recreation facilities except in conformance with the statutes of the state and ordinances of the Town regarding the sale or consumption of alcoholic beverages. Q. Take, seize, feed, pursue, trap, disturb, molest, injure or hunt any bird, reptile, fish or animal in any parks or recreation facilities, or portion thereof unless posted specifically for that purpose and in compliance with the game, fish and wildlife laws of the state of Colorado. State wildlife officers and Town employees acting in the performance of their official duties are exempt from this Subsection Q. R. Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any area of a park or recreation facility, or remove any wood, turf, grass, soil, rock, sand, gravel or any natural or cultural resource from any park or recreation facilities. The building or maintaining of'private paths or paths not authorized by the Town (including but not limited to paths consisting of rock, flagstone, or mowed or cut grass or plants) on parks and recreation facilities is prohibited. Duly authorized Town employees in the performance of their duties or persons participating in Town -sponsored activities are excepted from the foregoing provisions. S. Plant or, cultivate any trees, shrubs, gardens, grasses or plants in Town parks and recreation facilities, except for duly authorized Town employees in the performance of their duties, unless otherwise permitted in writing by the Director. Requests for planting in Town parks and recreation facilities shall be directed to the Director with a detailed landscape and irrigation plan.. The Director may review and forward the request to the Board of Trustees for approval if the Director deems it appropriate to do so in the Director's discretion. If such a proposal is approved, a permit or agreement will be, required. Town employees acting in the performance of their duties, and persons participating in Town -sponsored activities, are exempt from this Subsection S. T. Cut, break, injure, disfigure, tamper with, displace, mark, write or print upon or otherwise deface or disturb any rock, buildings, bridges, tables, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, cage, pen, monument, sign, fence, kiosk, bench, structure, apparatus, equipment or property in any parks or recreation facilities or other man-made or natural feature or property appurtenances whatsoever, either real or personal; attach thereto any sign, card, display or other similar device, or any other parks or recreation facilities materials, devices, or equipment for the purpose of decorating that facility or for any other purpose except as may be authorized 'by prior written permission from the Director. Duly authorized Town employees in the performance of their duties shall be excepted from the foregoing provisions. U. Light or maintain a fire in any parks or recreation facilities including in a charcoal barbeque grill or stove, unless such fire is lighted and maintained only in a gas barbeque stove. V. Ignite any fireworks in any parks or recreation facilities or building unless such person has first obtained a permit for the supervised display of fireworks in accordance with Section 9.16.070 of this Code. W. Discharge or carry any firearms (concealed or otherwise), projectile weapons, or explosives of any kind including but not limited to fireworks, BB guns, pellet guns, rockets, hobby rockets, air guns, paint ball guns, blow guns, crossbows, longbows and slingshots; provided, however, that this Subsection W ' shall not be construed to prohibit the carrying of a concealed handgun if, at the time of carrying the concealed handgun, the person holds a valid written permit to carry a concealed handgun issued pursuant to C.R.S. § 18- 12-201, et seq., and is otherwise carrying the concealed weapon in accordance with any applicable state or local law. Further, peace officers on official duty are exempt from this Subsection W. 10 X. Take off or land any motorized or non -motorized aircraft, including but not limited to airplanes, helicopters, ultralights, gliders/sailplanes, and hot-air balloons. Emergency landings, as determined by Town of Firestone law and code enforcement officers, are allowed. Y. Conduct research projects requiring equipment or resource impacts without written authorization granted in advance from the Director. Passive nature study which does not cause any disturbance to parks and recreation facilities resources is permitted and encouraged. Z. Fail to yield to other trail users in the manner defined herein or as otherwise posted at trailheads. The appropriate order for yielding the trail right- of-way is as follows: bicyclists yield to pedestrians, and bicyclists headed downhill yield to bicyclists headed uphill. Yielding the right -of way requires slowing down to a safe speed, being prepared to stop, establishing communication, and passing safely. AA. Engage in any of the following activities: hangliding, paragliding, parapenting, parachuting,. parasailing, mountain skateboarding, mountain ski - biking, off -road roller blading, or use any remote -controlled land, water, or airborne devices. BB. Violate any posted regulatory sign. CC. Disturb the peace, or use any obscene language or fighting words, commit any assault, battery or engage in fighting. DD. Camp within any parks or recreation facilities without the prior written consent of the Director. EE. Bring any glass container in any parks or recreation facilities. FF. Construct, erect, or maintain any temporary structure within any park or recreation facility without the prior written consent of the Director. Examples of temporary structures include but are not limited to inflatable structures, jumping castles, tents, pop up tents, event tents, overhangs, stages, etc. 12.32.070 Ball field reservations. Ball field reservations shall be made. through the Carbon Valley Recreation District ("CVRD"). . 12.32.080 Geocaching. A. No material caches are allowed. on parks or recreation facilities 7 without prior written consent from the Director. All unauthorized caches will be removed and. discarded. . B. The Town encourages geocaching through virtual caching or "multi -caching." C. It is unlawful to mark on, or deface in any way, any sign, structure, or natural feature maintained by the Town. D. All caching activities must be on parks and recreation facilities parcels. No caching will be permitted to occur on passive or undeveloped open space lands. E. Caches must be made within formal trail corridors. Off -trail caches are not permitted. F. For purposes of this Section: 1. "Geocaching" is defined as a recreational activity requiring the participant to search for hidden items using global positioning system coordinates retrieved from an internet site or other source. 2. "Multi -caching" is defined as a variation of geocaching requiring the participant to obtain clues by locating numerous physical sites with a global positioning system, which clues eventually lead the participant to a final physical site. 12.32.090 Enforcement. All persons entering parks or recreation facilities shall abide by the rules and regulations of the Town as provided herein, and the instructions and directions of duly authorized agents, employees or law enforcement officers of the Town acting in their line. of duty. The Director and any law enforcement officers acting in the line of duty and shall have the authority to eject from any parks or recreation facilities any person acting in violation of these rules and regulations, or any breach or violation of the conditions of a permit. Further, any law enforcement officer may issue a summons to the municipal court for violation of any of the provisions of this.Chapter, subject to the penalties as set forth in this Code. The Director shall have the authority to deny use of parks or recreation facilities to individuals or groups who refuse to comply with the provisions of this Chapter and regulations promulgated hereunder. 12.32.100 Penalties. Penalties for violation of this Chapter shall be as set forth in Section 1.66.010 of this Code. 8 12.32.110 Use of lakes and reservoirs. A. All rules and regulations set forth in this Chapter shall also apply to the use of public lakes, ponds, streams, reservoirs or other bodies of water within Town -owned parks and recreation facilities. All persons entering such lakes, ponds, streams, reservoirs or bodies of water shall abide by the rules and regulations of the Town, as provided in this Chapter and elsewhere in this Code, the rules and regulations promulgated by the Director, and the instructions and directions of duly authorized agents, employees, or law enforcement officers of the Town acting in their official capacity. The rules and regulations shall be posted at such locations as to provide notice to the citizens and members of the public using such facilities. B. It shall be unlawful to swim, dive, wade, ice skate, or ice fish, on any take, pond, stream, reservoir or other body of water within any parks and recreation facilities. Boating is prohibited on any lake, pond, stream, reservoir or other body of water within any parks and recreation facilities. C. It shall be unlawful to throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any parks and recreation facilities or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of the waters. 12.32.120 Administrative rules and regulations. The Director is authorized to adopt administrative rules and regulations that supplement the provisions of this Chapter, when such rules or regulations are determined necessary for repairs, wildlife, vegetation or public safety concerns. All persons shall comply with such rules and regulations, which shall take effect upon their adoption by the Director. The Director shall, within two days of adopting any administrative rules or regulations pursuant to this Section, send notification to the Board of Trustees of such action. The Board of Trustees may, at a regular or special meeting, rescind or modify the rules or regulations promulgated by the Director. Rules and regulations promulgated by the Director, and as may be modified by Board of Trustees, shall remain in effect until specifically rescinded by the Director or Board of Trustees. 9 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 1 Oth day of June, 2010. Esroy TO'aVf�! F m = ,, o :O . F.0 5/24110 1020 A.M.(mac)SlFirestati&Ord/Parks Re Regs.ord TOWN OF FIRESTONE, COLORADO , )a �' �� — Paul Sorensen, Mayor Pro Tem 10 ORDINANCE NO.752 AN ORDINANCE AMENDING SECTIONS 6.12.010 AND 6.12.070 OF THE FIRESTONE MUNICIPAL CODE TO AUTHORIZE THE TOWN MANAGER TO ISSUE TEMPORARY PERMITS FOR USE OF GOATS AND SHEEP FOR WEED AND PEST CONTROL PURPOSES AND AMENDING SECTION 15.40.010 OF THE FIRESTONE MUNICIPAL CODE TO AUTHORIZE THE USE OF TEMPORARY ELECTRICALLY CHARGED FENCES IN CONJUNCTION WITH SUCH PERMITS WHEREAS, the Board of Trustees has previously adopted an ordinance prohibiting any person from maintaining or keeping any cattle, sheep, goats, hogs, rabbits, chickens, ducks, geese, horses or other livestock, wildlife or fowl within the Town, which prohibition is contained in Section 6.12.010 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees has previously adopted an ordinance prohibiting the herding of any cow, cattle, horse, sheep or animals upon any of the streets, alleys, vacant lots or upon any public ground within the limits of the Town, which prohibition is contained in Section 6.12.070 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees desires to amend these Sections of the Firestone Municipal Code to provide that the Town Manager may issue temporary permits for use of goats and sheep for weed and pest control purposes and may establish administrative rules pertaining to the issuance of such permits, and WHEREAS, the Board of Trustees has previously. adopted an ordinance prohibiting the construction of electric wire fences in the Town with certain exceptions, which prohibition is contained in Section 15.40.010 of the Firestone Municipal Code; and WHEREAS, the Board or Trustees desires to amend the Firestone Municipal Code to permit the use of temporary electrically charged fences in conjunction with temporary permits set forth in this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 6.12.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined): 6.12.010 Prohibited animals. A. It is unlawful for any person to maintain or keep any cattle, sheep, goats, hogs, rabbits, chickens, ducks, geese, horses or other livestock, wildlife or fowl within the town. The keeping of such animals within the town is declared to be a nuisance. B. This section shall not apply to goats and sheep that, are being used for weed and pest control imposes by the town on town -awned property, or for weed and pest control purposes on other property under a temporary permit issued by the town manager or the town manager's designee. The town manager is authorized to establish and amend from time to time administrative rules relating to the issuance of such temporary permits. Section 2. Section 6.12.070 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined): 6.12.070 Herding animals prohibited. It is unlawful for any person to herd, or cause to be herded, any cow, cattle, horse, sheep or animals upon any of the streets, alleys, vacant lots or upon any public ground within the limits of the town, excepting the use of goats and sheep -for weed or pest control purposes if authorized -pursuant to section 6.12.010 of this code. Section 3. Section 15.40.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined): 15.40.010 Types prohibited. There shall be no railroad tie, barbed wire, electric wire, tin, chain link or sheet metal fences constructed within the town, except that in districts zoned for industrial or commercial use that are not zoned Planned Unit Development ("PUD") or PUD Overlay, barbed wire may be allowed as a topping for. woven wire industrial type fences, provided that the barbed wire shall be no closer than six feet from ground level. When such materials are utilized as noted above, they shall not be permitted within the principal building setback. Additionally, these prohibitions do not apply to PUD zoned districts that expressly provide for such fencing materials in an approved Final Development Plan ("FDP"). Notwithstanding the prohibition against the construction of electric wire fences, temporary electrically charged fences ma_y_ be used in conjunction with a temporary permit issued pursuant to section 6.12.010 of this code. No traditional picket privacy fence shall be constructed so that the rail side faces the outside of the property or lot. Section 4. If any section, paragraph, sentence, clause, or phrase, of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. 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. Section 6. The repeal or modification of any provision of the Firestone Municipal Code by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 10`h day of June, 2010. TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor Pro Tem ATTEST: 101y Hegyod, Town Cle ORESr6 ml QGA;_° :....... o� ORDINANCE NO.753 AN ORDINANCE AMENDING TITLE 17 OF THE FIRESTONE MUNICIPAL CODE CONCERNING FIREWORKS STANDS, OTHER TEMPORARY STANDS, AND TEMPORARY SIGNS WHEREAS, on March 26, 2010, the Board of Trustees adopted Ordinance No. 742, which permits the sale of fireworks from fireworks stands subject to limitations on such things as hours and dates of operation, signage, and parking lot coverage for fireworks stands; and WHEREAS, the Board of Trustees desires to amend corresponding provisions in Title 17 of the Firestone Municipal Code to allow the sale of products from temporary stands and structures as explicitly permitted by the Firestone Municipal Code and Development Regulations and to address signage and parking lot coverage as they relate to fireworks. stands; and WHEREAS, the Board of Trustees has previously adopted a sign code for the Town, the provisions of which are codified in Chapters 17.30 and 17.31 of the Firestone Municipal Code and in related provisions of the Firestone Development Regulations; and WHEREAS, the Board of Trustees desires to amend Section 17.31.080 of the sign code regarding temporary signs on commercial buildings and temporary homeowners association signs; and WHEREAS, the Firestone Planning and Zoning Commission after notice and hearing has recommended the Board of Trustees adopt the amendments set forth in this ordinance; and WHEREAS, the Board of Trustees has provided notice of 'a public hearing on this ordinance by publication as provided by law and held a -public hearing as provided in said notice; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 17.28.060.D of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are triwon tiffe h): 17.28:060 Exceptions. D. It is unlawful to sell any products at retail or wholesale from any temporary stand, temporary structure, motor vehicle or trailer except agricultural products grown on the premises upon which the stand is located without specific approval from the town eetmeil Board of Trustees or as otherwise explicit permitted by this Code or the Firestone Development Regulations. Section 2. Section 17.28.060 of the Firestone Municipal Code is hereby amended by the addition of a new subsection E. to read as follows: 17.28.060 Exceptions. E. For fireworks stands located in parking lots, the limitations on parking lot coverage set forth in Section 9.16.070.E.8.i of this Code shall apply. Section 3. Section 17.31.030 of the Firestone Municipal Code is hereby amended by the addition of a new subsection P. to read as follows: 17.31.030 Signs allowed without.a permit. P. Fireworks Stands Signs. No more than three (3) signs advertising fireworks stands in accordance with the limitations set forth in Section 9.16.070.E.8.h of this Code. Section 4. Section 17.31.0801 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strisken dffe*o): 17.31.080 Temporary signs. F. Temporary Signs on Commercial Buildings. Temporary signs, including but not limited to banners promoting special events, shall be permitted on commercial buildings in accordance with Chapter 17.30 and this section. 1. General requirements: a. One temporary sign per business may be posted on the building frontage; b. Each sign shall be mounted on the front elevation of the building in which the business or organization to which the sign refers is located; C. Each sign shall have a maximum area of one hundred � square feet; and d. No temporary sign shall be displayed for more than thirty calendar days in an. six month period. 2. Grand openings or special promotions. to, PE)F -.' Jr—Mitte above, *The following will be permitted for a period of time not to exceed feiii4een days 4-am the first day of business thirty calendar days in any six monthperiod: a. Two temporary signs per business ' -e now epefl for business with a maximum area of thirty-two square feet each may be posted on any elevation of the building; and . b. Not more than a total of two Stationary balloons and other stationary promotional inflatables ma be located on the Property where the business is located provided they do not create a safety hazard to traffic by distracting. motorists or interfering with safe pedestrian flow. Such balloons and inflatables shall not exceed a maximum height of twelve feet or the height of the first story of the building in which the business is located whichever is eater, and a maximum circumference of four feet. 3. Prohibited signs. No sign listed as a prohibited sign in Section 17.31.100 shall bepermitted, even on a temporary basis. 4. Permits. Each permit issued for a temporary sign pursuant to this section and Chapter 17.30 shall include the dates upon which the sign shall be erected and removed. Section 5. Section 17.31.080 of the Firestone Municipal Code is hereby amended by the addition of a new subsection G to read as follows: 17.31.080 Temporary signs. G. Temporary Homeowners Association Signs. - Each homeowners association in a residential subdivision may have not more than two temporary signs in such subdivision advertising special events such as annual barbeques provided that such signs: (1) have a maximum area of no mote than thirty-two square feet; (2) shall be permitted for a period of time not to exceed thirty calendar days in any six month period; (3) are not lighted; and (4) are not located within the public right-of-way, a median area which separates vehicular traffic lanes, or otherwise placed in a manner that creates a hazard for automobiles' or pedestrians. Section 6. If any section,. paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 7. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 17th day of June, 2010. ATTEST: Ju Hegw d, Town Clerk 7'�N OF FIRESTONE, COLORADO Paul Sorensen, Mayor Pro Tem SEAL Lad o ORDINANCE NO.754 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A MOWING TRACTOR WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seg., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Towns inhabitants to acquire a mowing tractor; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of one John Deere 6430 mowing tractor; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Lease Purchase Agreement between the Town and Key Government Finance, Inc. (the "Lease") for lease and acquisition of one (1) new John Deere 6430 Tractor (the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, is hereby approved in essentially the same form and upon the same terms as the copy of such lease and leaselpurchase financing proposal accompanying this ordinance, except the Mayor is hereby granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 2. The Mayor and Town Clerk are authorized to execute the Lease, to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. Section 3. The Lease and the Town's obligations thereunder to make lease payments are hereby designated a "qualified tax-exempt obligation" for the purpose and within the meaning of Section 265(b) of the Internal Revenue Code, The Board of Trustees finds and determines the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed S 10,000,000.00 for the calendar year within which the Lease is to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. Section 4. Nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 17'day of J-U n c , 2010. TOWN OF FIRESTONE, COLORADO Paul Sorensen, Mayor Pro Tern ATTEST: 'Q ",/, /' J Hegw , Town Cler ORDINANCE NO. -756- AN ORDINANCE AMENDING CHAPTER 2.44 CONCERNING THE SALARIES OF THE PRESIDING AND ASSOCIATE MUNICIPAL JUDGES AND THE COURT CLERK 'WHEREAS, pursuant to C.R.S. §13-10-105, the Board of Trustees may appoint such Assistant judges as may be necessary to act or such. substitute judges as circumstances may require in case of temporary absence, sickness, disqualification, or other inability of the presiding or assistant municipal judges to act; and WHEREAS, due to an increasing number of cases filed in the Town's municipal court, the Board of Trustees finds it necessary to add an additional court session per month on an.m-needed' basis and to appoint one or more associate judges to substitute for the presiding judge in the event of his or her temporary absence, sickness, disqualification, or other inability to act; and WHEREAS, pursuant to C.R.S. §§ 13.10-107(l) and 408, the Board of Trustees is authorized to provide by ordinance for the salaries of the municipal judges and court clerk; and WHEREAS, the Board desires to amend the Firestone Municipal Code to amend the salaries of the presiding judge and court clerk and to set the salaries of the associate judges; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.44.090 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are s#ieken threugli; words to be added are underlined): 2,44.09.0 Salaries. A. , _The salary of the rest idina municipal judge shall be an .,.w,eufA i + to emcee a QQ inn nn pa payable. on a monthly basis at $700.00 per month for each month of service during which he or she presides over one court session and $000 for each month of service during which he or she presides over more than one court session; subject to any applicable deductions. The salary of such associate judges duly Upointed by the board of trustees shall be $200 per court _session presided over, and where such court session exceeds four (4) hours, $50.00 for each hour in excess of four (41-hours, subject to any apt licable deductions. B. Eff-eEt� 9&,41he salary of the municipal court clerk shall be an amount not to exceed $32,000.0 $41,063.00 per year, payable in biweekly installments and subject to.any applicable deductions. Section 2. if any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect .the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance.and each part or parts hereof;irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section.'3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance .or 'any, portion hereof are hereby, repealed to theextent of such inconsistency or conflict: INTRODUCED', READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN, FULL this g day'of , 2010. TOWN OF.FIRESTONE,.COLORADO Chad Auer,'Mayor ATTEST:. IREp Heg. d, Town Cl "I16114 I1:28.A'�ljsjlJi':10fficclPiicsmnelordinanccl)udge5alary '� t 01 ORDINANCE NO. 75P AN EMERGENCY ORDINANCE GRANTING A SECOND EXTENSION TO THE TERMS OF A CABLE TELEVISION FRANCHISE GRANTED BY THE TOWN OF FIRESTONE TO AT&T COMCAST CORPORATION WHEREAS, AT&T Comcast Corporation ("Comcast") is the successor to TC1 Cablevision of Colorado, Inc. and currently holds a cable television franchise with the Town of Firestone ("Town"), granted by Ordinance No. 429 adopted December 9, 1999 ("Franchise") and transferred to Comcast by Resolution No. 02-18; and WHEREAS, the Franchise expired by its own terms on January 14, 2010; and WHEREAS, the Board of Trustees previously adopted Ordinance No. 725, which extended the term of the Franchise for a period of six months until July 14, 2010; and WHEREAS, Comcast and the Town continue to negotiate a renewal of the existing Franchise but do not believe a final Franchise can be presented to the Board of Trustees for its review and consideration before July 14, 2010; and WHEREAS, Comcast and the Town need additional time to complete negotiations and for the Board of Trustees to consider and adopt a proposed franchise renewal; and WHEREAS, Comcast has agreed to the extension of the Franchise as set forth in this Ordinance; and WHEREAS, the Board of Trustees finds that it is in the best interest of the citizens of Firestone to extend the term of the Franchise prior to its expiration to allow for completion of ongoing negotiations regarding a franchise renewal; and WHEREAS, the Board of Trustees herewith finds, determines and declares that this Ordinance is necessary for the immediate preservation of the public health and safety in order to timely extend Comcast's current Franchise, and this Ordinance shall take effect upon adoption, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Trustees. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Franchise between Comcast and the Town is hereby extended from its expiration date of July 14, 2010, for a period of six (6) months, to expire on January 14, 2011. The Franchise shall remain in effect, pursuant to the terms and conditions contained therein, until the new expiration date, or until a new agreement is entered into between the parties, or until the Franchise is terminated pursuant to its terms. Section 2. 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. Section 3. If any section, paragraph, sentence, clause or provision of this Ordinance shall for any reason be held to be unconstitutional, invalid or unenforceable for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED THIS DAY OF 2010. Chad Auer, Mayor ATTEST; Cil:Sy He ood, Town Cl otQ 6/29/2010 9:38 AKmac] 5:%FGeston60rdinanceslComcast extension 02 .doc 2 ORDINANCE NO.757 AN ORDINANCE AMENDING TITLE 2 OF THE FIRESTONE MUNICIPAL CODE TO ADD A NEW CHAPTER 2.60 CONCERNING EMERGENCY MANAGEMENT WHEREAS, pursuant to state law, including but not limited to C.R.S. § 24-32-2101, et seq. and § 31-15-401, the Town is authorized to declare and respond to local disasters and emergencies; and WHEREAS, the Board of Trustees desires to establish the Town's emergency management unit and to set forth additional emergency management responsibilities and procedures for the Town; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. . Title 2 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 2.60 to read as follows: Chapter 2.60 Emergency Management Sections 2.60: 2.60.010 Purpose. 2.60.020 Definitions. 2.60.030 Preparedness and coordination. 2.60.040 Disaster declaration powers. 2.60.050 Line of succession. 2.60.060 Emergency meetings. 2.60.070 Conflicting ordinances, orders, rules and regulations suspended. 2.60.080 Town non -liability designation. 2.60.010 Purpose. The purpose of this Chapter is to establish the Emergency Management Unit within the Firestone Police Department and to set forth other emergency management authorities, responsibilities, and procedures for the Town. The establishment of the Town's Emergency Management Unit shall not affect the jurisdiction of any local disaster agency maintained by Weld County within the Town and its authority to serve the Town in accordance with the "Colorado Disaster Emergency Act of 1992," C.R.S. § 24-32-2101, et seq. 2.60.020 Definitions. 5 1 As used in this Chapter, the definitions set forth in C.R.S. § 24-32-2103, as amended from time to time, shall apply. The definition of disaster shall be as set forth in C.R.S. § 24-32-2103(1.5), and shall include any other declared disaster that requires the aid and the assistance of local, state or federal agencies. 2.60.030 Preparedness and coordination. The Emergency Management Unit within the Firestone Police Department shall be responsible for disaster preparedness and coordination of disaster response for the Town. The Emergency Management Unit shall prepare and keep current a local disaster emergency plan, known as the emergency operations plan ("EOP") for the Town, which is subject to approval of the Board of Trustees by resolution. An emergency management system shall be developed and tested to assure capability of managing disasters and extraordinary events. The EOP will identify emergency responsibilities of all local agencies and officials. 2.60.040 Disaster declaration powers. A. The Town Manager, as the principal executive officer for the Town, shall have the power to declare that a state of local disaster exists when he or she is of the opinion that a disaster or extraordinary emergency event has occurred or the threat of such event is imminent. B. The declaration of local disaster shall be in writing and shall describe the nature of the disaster, the area threatened and the conditions which have brought it about, and the conditions, if any, that would remedy it. The declaration shall be forwarded to the Mayor, who shall cause the declaration to be filed with the Town Clerk and forward a copy to the Weld County Office of Emergency Management and the State Division of Emergency Management. The Town Manager or his or her designee shall be responsible for publication and dissemination of the information to the public. C. The issuance of a declaration declaring a state of disaster or emergency shall automatically empower the Town Manager to exercise any and all of the disaster and emergency powers permitted by state and local law and shall activate all relevant portions of the EOP. D. The Mayor shall convene the Board of Trustees to exercise its legislative powers as the situation demands and shall receive reports through the Town Manager and evaluate and enact policy and other incident support as required. E. A state of local disaster shall remain in effect until the Board of Trustees or Town Manager declares that the threat of danger has passed or that the local disaster or emergency conditions no longer exist. However, a state of local N disaster shall not be continued or renewed for a period in excess of seven days unless the Board of Trustees approves a longer duration. The Board of Trustees may, by motion, terminate a state of local disaster or emergency at any time, and the Town Manager shall immediately issue a notice effecting the same. Any declaration continuing or terminating a state of local disaster or emergency shall be filed with the Town Clerk, and a copy shall be forwarded to the Weld County Office of Emergency Management. F. Subsequent to the declaration of a disaster, the Town Manager may exercise any and all powers granted by applicable local or state law, including: 1. Suspend the provision of the Firestone Municipal Code that prescribes procedures for conduct of Town business, if strict compliance would in any way prevent, hinder, or delay necessary action in coping with the disaster or emergency, provided that such suspension of the provision of the Firestone Municipal Code is confirmed at the earliest practicable time by the Board of Trustees. 2. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster, provided such rules and regulations are confirmed at the earliest practicable time by the Board of Trustees. 3. Requisition necessary personnel, material, or supplies of any Town department, division, or agency. 4. Transfer the direction, personnel, or functions of Town departments for the purpose of performing or facilitating emergency services. 5. Subject to any applicable legal requirements to provide compensation for services or for taking or use of property and to the principles set forth in C.R.S. § 24-32-2111 and Articles 1 to 7 of Title 38, C.R.S., to commandeer or utilize any private property necessary to cope with the disaster or emergency. 6. Exercise all powers permitted by the Firestone Municipal Code and state law to require emergency services of any Town officer or employee and command the aid of as many people in the Town as he or she deems necessary in the execution of his or her duties. To the extent permitted by law, such persons may be entitled to the privileges, benefits and immunities provided by state law for civil defense workers. 2.60.050 Line of succession. A. If the Mayor is unable to perform the duties or functions set forth 3 in this Chapter, the powers and duties conferred upon the Mayor shall be performed in descending order, as follows: by the Mayor Pro Tem, by the Board of Trustees member most senior in length of service, by the Board of Trustees member whose last name begins with a letter that is the closest to the beginning of the alphabet. B. If the Town Manager is unable to perform the duties or functions set forth in this Chapter, then the powers and duties conferred upon the Town Manager shall be performed in descending order as follows: by the Chief of Police or by the Chief of Police's designee as established in writing in advance. 2.60.060 Emergency meetings. A. Upon the declaration of a disaster by the Town Manager, an emergency meeting of the Board of Trustees may be called in order to protect the public health, safety, or welfare of the residents of the Town. B. The requirement for twenty-four hours' posting of notice of the meeting as required by C.R.S. § 24-6-402(2)(c) may be waived by majority vote of a quorum present at such emergency meeting as the first item of business. C. At such emergency meeting, any action within the police power of the Board of Trustees necessary for the immediate protection of the public health, safety, or welfare may be taken, provided that any action taken at an emergency meeting shall be effective only until the next regular or special meeting of the Board of Trustees. At such regular or special meeting the emergency issue shall be included in the notice posted pursuant to C.R.S. § 24-6-4-2(2)(c). At such subsequent meeting the Board of Trustees may ratify any emergency action taken. If any emergency action taken is not ratified, it shall be deemed to be rescinded. 2.60.070 Conflicting ordinances, orders, rules and regulations suspended. Any ordinances, resolutions, orders, rules and regulations promulgated during proclaimed state of emergency shall take precedence over existing ordinances, resolutions, rules and regulations if a conflict arises. 2.60.080 Town non -liability designation.. To the extent permitted by law and except in the case of willful and wanton misconduct, neither the Town nor any of its agencies, agents, employees, or representatives, while engaging in any disaster response activities, while complying with or attempting to comply with the provisions of this Chapter, or with any rules or regulations promulgated pursuant to the provisions of this Chapter, shall be liable for the death or injury to persons or damage to property as a result of such activities. The provisions of this Chapter shall not affect the right Cl of any person to receive benefits which would otherwise be available under the worker's compensation law, or under any pension law, nor the right of such person to receive any benefit or compensation under any act of Congress or the General Assembly of the State. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 22nd day of July, 2010. TOWN OF FIRESTONE, COLORADO r XL Chad Auer, Mayor ATTEST: F�REST4M TO�.% \S` #H*eggod, T Clerk M. E '10 o 61 ORDINANCE NO. r 59 AN ORDINANCE AMENDING SECTION 6,24.090 OF THE FIRESTONE MUNICIPAL CODE TO ACCOUNT FOR REMOVAL OF RODENTS AS AN ADDITIONAL OPTION AVAILABLE TO PROPERTY OWNERS IN VIOLATION OF SECTION 6.24.090, TO SET FORTH REQUIREMENTS FOR WRITTEN NOTICE AND AN OPPORTUNITY TO CURE VIOLATIONS PRIOR TO THE ISSUANCE OF A SUMMONS, AND TO SPECIFY THAT THE TIME PERIOD FOR ABATEMENT OF NUISANCES DECLARED PURSUANT TO SECTION 6.24.090.B SHALL BE AT LEAST THIRTY DAYS FROM THE GIVING OF NOTICE TO ABATE WHEREAS, the Board of Trustees has previously adopted an ordinance codified at Section 6.24.090 of the Firestone Municipal Code requiring property owners to "prevent rodent pests residing on" their "property from relocating to, infesting, or otherwise damaging the property of others, including public property"; and WHEREAS, Section 6.24.090.A of the Firestone Municipal Code makes it the responsibility of property owners to exterminate such rodent pests; and WHEREAS, the Board of Trustees desires to amend Section 6.24.090.A of the Firestone Municipal Code to account for the removal of rodents as an option available to owners in addition to extermination; and WHEREAS, the Board of Trustees desires to set forth a specific requirement that the Town is to provide owners with a written notice of violation and is to allow owners thirty days to cure a violation prior to issuing a summons; and WHEREAS, the Board of Trustees desires to set forth a specific requirement that owners shall be given at least thirty days to abate a nuisance declared pursuant to 6.24.090.B from the giving of notice to abate; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 6.24.090 of the Firestone Municipal Code is hereby amended to read as follows (words to be added underlined): 6.24.090 Rodent Control. A. No person owning property within the town, whether vacant or improved, shall fail to prevent rodent pests residing upon that property from relocating to, infesting or otherwise damaging the property of another, including public property. It shall be the responsibility of the owner of property within the town to provide for the removal or extermination of any and all such rodent pests in conformance with the provisions of this code and the laws and regulations of the State of Colorado. B. Any violation of Subsection A shall be subject to the general penalty provisions set forth in Section 1.16.010 of this code. Prior to issuing a summons for violation of this section the town shall provide the owner with written notice that removal or extermination of the rodents is to be accomplished and performed within the period of timespecified in such notice which period shall be not less than thirty days after service of such notice. Said notice may be personally served upon the owner or posted in a conspicuous manner upon the front door of a building or residence if any, on such property, or by mailing a copy of such notice to the last known address of the owner, or by publication for two times, a week apart in a newspaper published or distributed in the town. In the case of posting, service shall be complete three days after the notice is posted. In the case of mailing, service shall be com lete three dater the notice is postmarked. In the case of publication, service shall be complete on the last day of publication. If a violation persists beyond the period of time specified in such notice, the town may issue a summons. In addition, the condition of rodent pests relocating to, infesting or otherwise damaging the property of another, including public property, is declared a nuisance and shall be subject to abatement pursuant to Chapter 8.18 of this code, except that the time period for abatement shall be not less than 30 days from the giving of notice to abate. C. For purposes of this section, "rodent pests" includes prairie dogs, ground squirrels, pocket gophers, jackrabbits, rats and other rodents. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 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. Section 4. The repeal or modification of any provision of the Firestone Municipal Code by this ordinance 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 provision, and each provision 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. INTRODUCED, RE , ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of , 2010. TOWN OF FIRESTONE, COLORADO C Chad Auer, Mayor ATTEST: ORDINANCE NO, 759 AN ORDINANCE OF THE TOWN OF FIRESTONE AMENDING CHAPTER 17 OF THE FIRESTONE MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS AND MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACUTRING IN THE TOWN AND REPEALING ORDINANCE NOS. 724, 732, AND 750 IN THEIR ENTIRETY WHEREAS, the Town of Firestone adopted Ordinance No. 724 on October 9, 2009, which amended Title 17 of the Firestone Municipal Code and Chapter 15 of the Firestone Development Regulations to regulate medical marijuana dispensaries; and WHEREAS, the Town of Firestone adopted Ordinance No. 732 on January 28, 2010, which established a temporary moratorium until July 15, 2010 on the acceptance, processing, or issuance of applications or requests for business licenses, building permits, and certificates of occupancy for medical marijuana dispensaries; and WHEREAS, during the pendency of Ordinance No. 732, the Colorado Legislature adopted legislation which in pertinent part added a new Article 43.3 to Title 12 of the Colorado Revised Statutes, to be known as the Colorado Medical Marijuana Code; and WHEREAS, the Town of Firestone adopted Ordinance No. 750 on June 10, 2010, which extended the temporary moratorium on the acceptance, processing, or issuance of applications or requests for business licenses, building permits, and certificates of occupancy for medical marijuana dispensaries until March 1, 2011; and WHEREAS, C.R.S. § 12-43.3-106 specifically authorizes the governing body of a municipality to "vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturers' licenses"; and WHEREAS, C.R.S. § 12-43.3-310 specifically authorizes a municipality "to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturers' licenses and to enact reasonable regulations or other restrictions applicable to medical marijuana centers, optional premises cultivation licenses, and medical marijuana -infused products manufacturers' licenses based on local government zoning, health, safety, and public welfare laws for the distribution of medical marijuana that are more restrictive than this article"; and WHEREAS, C.R.S. § 12-43.3-308(1)(c) also provides that the state and local licensing authorities shall not feceive or act upon a new application "for a location in an area where the cultivation, manufacturer, and sale of medical marijuana as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county"; and WHEREAS, the Board of Trustees has carefully considered Article XVIII, § 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, and the secondary effects of medical marijuana centers, optional premises cultivation operations, and medical infused products manufacturing on the health, safety and welfare of the Town and its inhabitants, and has determined as an exercise of its local land use authority that such medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturing should be prohibited in the Town; and 1 WHEREAS, the Board of Trustees recognizes the protections afforded by Article XVIII, § 14 of the Colorado Constitution, and affirms the ability of patients and primary caregivers to otherwise be afforded the protections of Article XVIII, § 14 of the Colorado Constitution and C.R.S. § 25-1.5-106; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the Board of Trustees. Section 2. Chapter 17 of the Firestone Municipal Code is hereby amended by the addition of a new chapter 17.60 to read as follows: Chapter 17.60 Medical Marijuana Sections: 17.60.010 Intent, authority, and applicability. 17.60,020 Definitions. 17.60.030 Medical marijuana businesses prohibited. 17.60.040 Patients and primary caregivers. 17.60.010 Intent, authority and applicability. A. Intent. It is the intent of this chapter to prohibit certain land uses related to medical marijuana in the Town, and in furtherance of its intent, the Board of Trustees makes the following findings: 1. The Colorado Medical Marijuana Code, C.R.S. § 12-43.3-101, et seq., clarifies Colorado law regardingthe scope and extent of Article XVIII, § 14 of the Colorado Constitution. 2. The Colorado Medical Marijuana Code specifically authorizes the governing body of a municipality to "vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturers' licenses." 3. The Colorado Medical Marijuana Code specifically authorizes a municipality "to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturers' licenses ... based on local government zoning, health, safety, and public welfare laws for the distribution of medical marijuana." 4. Based on careful consideration of the Colorado Medical Marijuana Code, Article XVIII, § 14 of the Colorado Constitution, and the potential secondary effects of the cultivation and dispensing of medical marijuana, and the retail sale, 2 distribution, and manufacturing of medical marijuana -infused products, such land uses have an adverse effect on the health, safety and welfare of the Town and its inhabitants. B. Authority. The Town's authority to adopt this chapter is found in: the Colorado Medical Marijuana Code, C.R.S. § 12-43.3-101, et seq.; the Local Government Land Use Control Enabling Act, C.R.S. § 29-20-101, et seq.; C.R.S. § 31-23-101, et seq. (municipal zoning powers); C.R.S. § § 31-15-103 and 31-15-401 (municipal police powers); and C.R.S. § 31-15-501 (municipal authority to regulate businesses). ' C. Applicability. This chapter shall apply to all property, businesses, and business enterprises operating within the Town, whether stationary, mobile, or virtual. 17.60.020 Definitions. Medical marijuana means marijuana that is grown and sold for a purpose authorized by Article XVIII, § 14 of the Colorado Constitution. Medical marijuana center, medical marijuana -infused products manufacturer, and optional premises cultivation operation shall have the same meanings as set forth in the Colorado Medical Marijuana Code, Article 43.3, C.R.S., as the same may be amended from time to time. Patient has the meaning set forth in Article XVIII, § 14(1)(c) of the Colorado Constitution. Primary caregiver has the meaning set forth in Article XVIII, §14(1)(0 of the Colorado Constitution. 17.60.030 Medical marijuana businesses prohibited. It is unlawful for any person to operate, cause to be operated or permit to be operated in the Town a medical marijuana center, an optional premises cultivation operation, or a business as a medical marijuana -infused products manufacturer. 17.60.040 Patients and primary caregivers. Nothing in this chapter shall be construed to prohibit, regulate or otherwise impair the protections of the use of medical marijuana by patients as provided in Article XVIII, § 14 of the Colorado Constitution, or the provision of medical marijuana by a primary caregiver to a patient in accordance with Article XVIII, § 14 of the Colorado Constitution, the Colorado Medical Marijuana Code and rules promulgated thereunder. Section 3. On the effective date of this ordinance, Ordinance Nos. 724, 732, and 750 are hereby repealed in their entirety. 3 Section 4. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this Ordinance is committed, continued or permitted by any such person shall be a separate offense. Section S. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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 7. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 12th_ day of Aupst2010. TOWN OF FIRESTONE, COLORADO Pj Paul Sorensen Mayor Pro -Ter ATTEST: F1R�Sr • TORN J14He od ° t � p own Clerk n z 0(, Y COO 4 ORDINANCE NO. _L0 AN ORDINANCE REPEALING AND REENACTING CHAPTER 8.20 OF THE FIRESTONE MUNICIPAL CODE PROHIBITING SMOKING IN PUBLIC PLACES WHEREAS, the Board of Trustees previously adopted Chapter 8,20, which prohibited smoking in public places within the Town; and WHEREAS, subsequent to the adoption of Chapter 8.20, the State of Colorado enacted the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et sec., to impose limitations on smoking in public places within the State; and WHEREAS, pursuant to C.R.S. § 25-14-207, local authorities may enact, adopt and enforce smoking regulations that cover the same subject matter as the Colorado Clean Indoor Air Act so long as such smoking regulations are not less stringent;. and WHEREAS, the Board of Trustees desires to repeal and reenact Chapter 8.20 to make it consistent with the Colorado Clean Indoor Air Act; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 8.20 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 8.20 Smoking in Public Places Prohibited Sections: 8.20.010 Intent. 8.20.020 Definitions. 8.20.030 Prohibitions. 8.20,040 Additional responsibilities of proprietors. 8.20.050 Enforcement. 8.20.010 Intent. In order to protect the public health, safety, comfort and general welfare, and because tobacco . smoke is a positive danger to health, it is the declared purpose of this Chapter to prohibit smoking in areas which are used by or open to the public unless such areas are permissible smoking areas pursuant to this Chapter. 8.20.020 Definitions. For the purposes of this Chapter, the following terms, phrases, words, and their derivatives shall have the meanings given in this Section, except where the context clearly requires a different meaning: "Cigar -tobacco bar" means a bar that, in the calendar year ending December 31, 2005, generated at least five percent (5%) or more of its total annual gross income or fifty thousand dollars ($50,000) in annual sales from the on -site sale of tobacco products and the rental of on -site humidors, not including any sales from vending machines. In any calendar year after December 31, 2005, a bar that fails to meet these requirements shall not be defined as a "cigar -tobacco bar" and shall not thereafter be included in the definition regardless of sales figures. "Entryway" means the outside of the front or main doorway leading into a building or facility that is not exempted under Section 8.20.030.A. Entryway also includes the area of public or private property within fifteen (15) feet outside of the doorway. "Independently ventilated" means that the ventilation system for the area in which smoking is permitted and the ventilation system for any nonsmoking area do not have a connection which allows the mixing of air into the smoking and nonsmoking areas. "Indoor area" means any enclosed area or portion thereof The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area. "Physically separated" means that there are physical barriers such as walls and doors extending from floor to ceiling that prohibit smoke from entering a nonsmoking area. "Restaurant" means an establishment licensed as a hotel/restaurant under the liquor laws of the State of Colorado, or an establishment whose principal business is the retail sale of prepared food and beverages and has seating for on - premises consumption of food. "Smoke -free work area" means an indoor area in a place of employment where smoking is prohibited in accordance with Section 8.20.030.A.6. 2 "Smoking" means the burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains tobacco. "Tobacco" means cigarettes, cigars, cheroots, stogies, periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts, refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. "Tobacco' also includes cloves and any other plant material or product that is packaged for smoking. "Tobacco business" means a sole proprietorship, corporation, or other enterprise engaged primarily in the sale, manufacture or promotion of tobacco, tobacco products, or smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental. For the purposes of this Chapter, the meanings of terms not defined in this Section shall be as defined in C.R.S. Title 25, Article 14, Part 2, and such definitions are incorporated into this Chapter. 8.20.030 Prohibitions. A. No person shall smoke within any indoor area or within any entryway except in one of the following locations: 1. Any private home or private residence. This exception does not extend to a home or residence being used for child care or day care; 2. A retail tobacco business; 3. A cigar -tobacco bar except that no cigar -tobacco bar shall expand its size or change its location from the size and location in which it existed as of December 31, 2005. A cigar -tobacco bar shall display signage in at least one conspicuous place and at least four (4) inches by six (6) inches in size stating: "Smoking allowed. Children under eighteen (18) years of age must be accompanied by a parent or guardian;" 4. A hotel or motel room rented to one or more guests if the total percentage of hotel or motel rooms in such hotel or motel does not exceed twenty-five percent (25%); 3 5. Any private automobile, subject to the prohibitions in Section 8.20.030.0 of this Code; 6. A place of employment that is not open to the public and that employs three or fewer employees except that employers shall provide a smoke -free work area for each employee requesting not to have to breathe environmental tobacco smoke and shall post a sign or signs in such smoke -free work area; 7. A private, nonresidential building on a farm or ranch that has annual gross income of less than five hundred thousand dollars ($500,000); and 8. An area of a nursing facility, as defined by C.R.S. § 25.5- 4-103, or an assisted living residence, as defined by C.R.S. § 25-27-102, that: a. Is designated for smoking for residents; b. Is independently ventilated and physically separated from the nonsmoking areas; and C. To which access is restricted to the residents or their guests. B. No person shall smoke within the exterior boundaries or fences of an outdoor eating area of a restaurant. C. No person shall smoke in the following automobiles: taxicabs; limousines; government -owned or -operated means of mass transportation, including but not limited to, buses, vans and trains; or a private automobile being used for the public transportation of children or as part of health care or day care transportation. D. Nothing in this Chapter shall prevent an owner, lessee, principal manager or person in control of any place, including without limitation any automobile, outdoor area or exempt building, from posting signs prohibiting smoking completely in such place, and no person shall fail to abide by such private prohibition. 8.20.040 Additional responsibilities of proprietor. 4 No person who owns, manages, operates or otherwise controls the use of premises subject to the provisions of this Chapter shall fail to: (1) Ask smokers to refrain from smoking in any indoor area, entryway or nonsmoking area; or (2) Use any other means which may be appropriate to further the intent of this Chapter. 8.20.050 Enforcement. A. The Town Manager or his or her designee shall be responsible for ensuring compliance with this Chapter with regard to facilities which are owned, operated, or leased by the Town. B. Any person convicted of violating any provision of this Chapter shall, upon conviction, be punished by a fine of not more than three hundred dollars ($300.00) for each offense. Such person may also be enjoined from any further or continued violation hereof. In determining the sentence to be imposed, the judge shall consider the frequency and duration of the violation, the size of the establishment, whether the violation was knowing or not, and other relevant factors. Imprisonment shall not be imposed as a penalty for any violation of this Chapter. Each day any violation of this Chapter shall continue shall constitute a separate offense. Section 2. If any article, section, paragraph. sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. The repeal or modification of any provision of any prior ordinance by this ordinance 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 provision, and each provision shall be treated and held as still remaining in force 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. 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. 6i INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this cZ� day of ?— , 2010. a 8119110 9:30 AM[mao]S:IFtreston&Ord/Smoking Ban Amend.ord 2010 on TOWN OF FIRESTONE, COLORADO cz-J."4-, Chad Auer, Mayor ORDINANCE NO. 7 61 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A MOWING TRACTOR WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seq., to acquire equipment and'to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Towns inhabitants to acquire a mowing tractor; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of one Kubota mowing tractor; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. The Lease Purchase Agreement between the Town and Key Government Finance, Inc. (the "Lease") for lease and acquisition of one (1) new Kubota Mowing Tractor (the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, is hereby approved in essentially the same form and upon the same terms as the copy of such lease and lease/purchase financing proposal accompanying this ordinance, except the Mayor is hereby granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 2. The Mayor and Town Clerk are authorized to execute the Lease, to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. Section 3. The Lease and the Town's obligations thereunder to make lease payments are hereby designated a "qualified tax-exempt obligation" for the purpose and within the meaning of Section 265(b) of the Internal Revenue Code. The Board of Trustees finds and determines the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed $10,000,000.00 for the calendar year within which the Lease is to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. Section 4. Nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 26th day of August, 2010. TOWN OF FIRESTONE, COLOR -ADO Chad Auer, Mayor ATTEST: y Heg4od, Town CLOFARE 7 �t�'.• rpwn,'' y 0 S.-Tiras1one%0rdinence\Lewe Purchase Mowing Truclwdoc `� ORDINANCE NO.12 AN ORDINANCE AMENDING SECTIONS 1.08.050(A)(1) AND 13.08.010(B)(1) OF THE FIRESTONE MUNICIPAL CODE REGARDING RAW 'WATER DEDICATION REQUIREMENTS FOR NEW SINGLE-FAMILY DWELLINGS WHEREAS, Sections 1.08.050(A) and 13.08.010(B) of the Firestone Municipal Code currently require that there be dedicated to the Town one acre-foot unit of Colorado Big Thompson ("CBT") water for every living unit in a single-family dwelling, in the manner further provided in said Sections; and WHEREAS, such raw water dedication requirements currently do not include a consideration of the size of the lot upon which the dwelling is located; and WHEREAS, the Town has completed an evaluation of its raw water dedication requirements taking into account actual water usage and residential lot sizes; and WHEREAS, based on such evaluation, the Town finds that its raw water dedication requirements for single-family dwellings should be based on lot sizes, as larger lots have increased actual water demand and usage; and WHEREAS, the Board of Trustees desires to amend Sections 1.08.050(A)(1) and 13.08.010(B)(1) of the Firestone Municipal Code to base its raw water dedication requirements for single-family dwellings on lot size; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 1.08.050(A)(1) of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are striekefl 1.08.050 Water. Unless otherwise provided by the Board of Trustees, the Town and the petitioner shall agree in writing, prior to final adoption of an annexation ordinance, to the transfer of the following minimum water rights to the Town: A. Residential. 1. The landowner, its successors or assigns in interest shall dedicate to the Town one for each single-family residential -dwelling lot the number of acre-foot units of Colorado Big Thompson ("CBT") water for every livitagunit in 1 as set forth in the following table and as set forth in paragraph 6, below-_ Lot Size f Required Dedication — CBT Units 0-10 000 1.00 10,001-12,500 1.25 12,501-15,000 1.50 15,001-17,500 1.75 17,501-20,500 2.00 20,501-23,000 2.25 23,001-25,500 2.50 25,501-28,000 2.75 28_L001-30,500 3.00 30,501-33,000 3.25 33,001-35,500 3.50 35,501-38,000 3.75 38 001-41,000 4.00. 41,001-43,500 4.25 For lots that are 15,000 square feet or larder, the Town may in its sole discretion agree to reduce the water dedication requirements by an appropriate amount where: (a) irrigated areas on the lot will be limited to a„maximum square footage that does not exceed a specified square footage _or specified percentage of the lot area b the corresponding final plat and final development plan contain restrictions on the square footage of irrigated areas and associated restrictions on water use; (c) the associated covenants contain restrictions on the square footage of irrigated areas,• and d such restrictions and covenants run in favor of and are enforceable by Town, with the Town's enforcement rights to include, without limitation the discontinuance of water service or installation of flow restriction devices at the expense of the landowner, in the event bf noncompliance, Section 2. Subsection 13.08.010(B)(1) of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are �n dffellgh): 13.08.010 Water connection charges. B. In addition to the charges set forth in Subsection A above, there shall be transferred to the town the following: 1. One For each. single-family residential dwelling lot, the number of acre-foot units of Colorado Big Thompson ("CBT") water for- each single famil 2 dwelling and as set forth in the following table. and as set forth in paragraph 6 below: " Lot Size ft CBT Share Dedication 0-101000 1.00 10,001-12,500 1.25 12 501-15 000 1.50 15,001-17,500 1.75 17 501-20 500 2.00 20,501-23,000 2.25 23,001-25,500 2.50 25,501-28,000 2.75 28,001-30,500 3.00 30,501-33,000 3.25 33,001-35,500 3,50 35,501-38,000 3.75 3 &001-41,000 4.00 41 001-43 500 4.25 For lots that are 15,000 square feet or larger, the Town may in its sole discretion agreeto reduce the water dedication requirements by appropriate amount where: L irrigated_ areas on the lot will be limited to a maximum_sauare footage that does not exceed a specified square footage orspecified percentage of the lot area; (b) the corresponding final plat and final development plan contain restrictions on the square footage of irrigated areas and associated restrictions on water use; (c) the associated covenants contain restrictions on the square footage of irrigated areas; and (d) such restrictions and covenants run in favor of and are enforceable by -the Town, with the Town's enforcement rights to include, without limitation, the discontinuance of water service or installation of flow restriction devices at the expense of the landowner in the event of noncompliance. 1.5. e0ne-half acre-foot of CBT water for each living unit in a duplex, triplex, fourplex or larger building used for multi -family dwellings, as set forth in Paragraph 6, below. Section 3. The amendments to the Firestone Municipal Code set forth herein shall take effect and be in force thirty (30) days after publication of this ordinance and shall apply to all single- family residential dwelling lots developed after such date; provided, however, that the requirements hereof shall not apply to: (a) any such lot within a subdivision approved by Board of Trustees resolution prior to the effective date hereof, provided the plat for such lot is finalized and presented for recording in compliance with applicable deadlines and requirements, and the water dedication for such lot is made in accordance with the water dedication requirements in effect at the time of approval of such resolution; or (b) any such lot that received a tap permit prior to the effective date 3 hereof, provided such tap is used in compliance with the deadlines set forth in the Firestone Municipal Code; or (c) any such lot for which other water dedication requirements are specifically set forth in a written agreement that is in full force and effect and binding upon the Town; or (d) any such lot for which "vested rights" for development under other water dedication requirements have been acquired through legal estoppel against the Town. Section 4. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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 6. 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. INTRQDUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this G1101 day of , 2010. TOWN OF FIRESTONE, COLORADO c4J4 Chad Auer, Mayor ATTEST: r.1 ES T� royHe ood, Town erk 2 ORDINANCE NO. 763 AN ORDINANCE AMENDING SECTION 13.24.030 OF THE FIRESTONE MUNICIPAL CODE TO EXTEND TO AND INCLUDING FEBRUARY 28, 2011, THE ELECTRIC FRANCHISE GRANTED BY THE TOWN OF FIRESTONE, COLORADO TO UNITED POWER, INC. AND ITS SUCCESSORS AND ASSIGNS WHEREAS, the Town by Ordinance No. 205, Series 1991, granted an electric franchise to United Power, Inc. and its successors and assigns, which is codified in Chapter 13.24 of the Firestone Municipal Code (hereinafter the "franchise"); and WHEREAS, the franchise is set to expire on December 31, 2010, and the Board of Trustees believes that the franchise should be extended to and including February 28, 2011; and . WHEREAS, United Power and the Town are in the process of negotiating a new electric franchise ordinance; and WHEREAS, the Town needs additional time to consider and adopt a new electric franchise ordinance; and WHEREAS, United Power has agreed to the extension of the, franchise to and including February 18, 2011; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 13.24.030 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted area): 13.24.030 Term of franchise. The franchise granted by this chapter shall take effect on adoption and approval of the ordinance codified herein, and shall supersede the franchise granted to United Power, Inc., or'its predecessor by Ordinance No. 26 which, by virtue of Ordinance Nos. 263, 264, 272, 279 and 283, otherwise expires on January 31, 1991. This franchise shall expire on February 28, 2011 De ea+bo.. 31, 2010. Section 2. Nothing herein shall be construed to prohibit amendment of the franchise at any time during the extended term hereof in the matter provided by law, or to prohibit any other arrangements that may be agreed upon or enacted during the extended term hereof to address matters related to the franchise. 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. Section 4. if any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. INT ODUCED, REP, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 19M day of q�°, 2010. TOWN OF FIRESTONE, COLORADO �G Chad Auer Mayor Attest: y Hegwo own Clerk - ESTO o id M. _C1 yf l 2 ORDINANCE NO. 764 AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE TO MAKE CERTAIN CHANGES TO THE TOWN'S FEES AND CHARGES, TO ADOPT NEW FEES AND CHARGES, TO SET FORTH THAT CERTAIN FEES AND CHARGES WILL BE ESTABLISHIED BY RESOLUTION OF THE BOARD OF TRUSTEES, AND TO ADD A NEW CATEGORY OF LICENSE TO CONTRACTORS, SUBCONTRACTORS AND TRADESMEN LICENSES WHEREAS, the Board of Trustees previously adopted certain fees and charges; and WHEREAS, Town staff has recently conducted a review of the Town's fees and charges and recommended that certain changes be made pertaining to fees and charges; and WHEREAS, the Board of Trustees finds that it is necessary to increase the sales tax license fee in order to defray the costs of issuing and administering such licenses; and WHEREAS, the Board of Trustees finds that it is necessary to clarify the procedure and timeframes for obtaining contractor, subcontractor, and tradesmen licenses and to set forth a new category of such license for electrical contractors; and WHEREAS, the Board of Trustees finds that it is necessary to adopt an insufficient funds check charge in order to defray the bank fees that the Town is charged when a resident submits a check to the Town that is returned from the bank of record; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to provide that certain additional fees and charges related to water service and the issuance of fence permits shall be as set forth by resolution of the Board of Trustees; and WHEREAS, the Board of Trustees has determined that it is appropriate to increase the fines for violations of sections 236 and 237 of the Model Traffic Code for failure to wear a seatbelt; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 3.08.130 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in Beet; words to be added are underlined): 3.08.130 Sales tax license - Fee. For each sales tax license issued under this chapter, a fee of twe twenty-five dollars shall be paid, which fee shall accompany the application. A further fee oftwe twenty-five dollars shall be paid for each year or fraction thereof for which the sales tax license is renewed.. Section.2. The. first paragraph of Section. 5:20.030 of the Firestone Municipal Code is hereby amended to read as, follows (words to be deleted are: shown in Wit; words to be added are underlined): 5.20:030 License fees. The license fee to be charged for each category of contractor, subcontractor, and/or tradesman are listed -below. The license:fee shall be for the calendar year'or any portion thereof and shall not he prorated, and licenses shall be issued on a calendar year basis and expire with the. calendar year in which ,they are .issued:* 'Lieenses are not assignable or transferable and .shall, be renewable only upon the submission.of a new application in each calendar year and providing that all. of the current requirements for the license are fulfilled. The license fee shall be, tendered with the application to the town clerk.. of the town.and in no case shall 'a license be issued until the required fee has been paid and until all other requirements of the license as.defined in.this chapter have been met.. * Note: 1?or calendar year 2011, only, license fees shall be prorated on a quarterly basis for the period.from the date of parnent of:the fee until December 31 2011. Section -3. Section C of the table at Section 5.20030 of the Firestone Municipal Code entitled. Contractor, subcontractor, or tradesman, is hereby amended -to add a new class of license at C.22, to read as follows (words to be added: are underlined License Category License Fee C. Contractor, subcontractor; or tradesman C $50.00 1. Siding 2. Fencing 3. Glass and glazing 4. Patio and awning 5. Skirting for mobile homes 6_ Temperature controls 7., Tile setting 8. Wrecking contractor 9. Asphalt 10, Painting 11. Insulators 12. Ditching 13, Grading. 2 14. Drainlayers l5 S.odlayers 16. Gutter installation 17. Signs 18. Electrical.Signs 19. Sprinkler systems 2.0. Alarms .21. Fire protection 22. Electrical contractors required to be registered with the State of Colorado pursuant to Section 12-23-1.05 C.R:S. Section 4. Section 9.08.130 of the Firestone Municipal Code is hereby amended by the addition of a new subsection 1. to read as follows: 9:08.130 Fraud by check: 1. In addition to the remedies set forth above, the Town may charge a resident an insufficient funds check charge of thirty-five dollars for each check submitted by a resident to the Town that is returned from the bank of record due to insufficient funds after the Town attempts collection. Section 5. Section 10.04.200.A of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in stfikee words to be added are underlined): 10.04.200 Violations —Penalties. A. It shall be unlawful for. any person to violate any of the provisions of this, chapter or the Model Traffic Code adopted herein for which no specific penalty has been provided or for which the sole penalty provided is a,fine, both of which types of violations are hereby deemed traffic infractions. A traffic infraction. shall be a civil matter for which punishment by imprisonment shall not be available and for which'a penalty assessment notice shall be issued. Every person who is convicted of a traffic infraction, who admits liability or guilt for a traffic infraction or against whom a judgment is entered for a.traffic infraction, is subject to a fine, exclusive'of any court costs and surcharges, which shall be .determined by the points assigned ;to each violation and assessed at a rate of fifty dollars per -point; provided, however, that no fine shall be, less than twenty-five dollars nor more than one thousand dollars. Notwithstandiniz the above, violations of section,236 ofthe Model Traffic Code shall be subject toa fine'of not less than $82.00 and -violations of section 237_ofthe Model Traffic Code.shall be subiect to a fine of not less than$65.00. 3. Section 6. Section 13.08.020 of the Firestone Municipal Code,is hereby amended to read as follows (words to be added are underlined 13.08.020 Water -service charges. There are imposed and charged rates and rentals for the: use of water measured through a meter, per month, from. any of the water lines, water mains or water system of the town,, to be paid to the town in an amount as established from time to time by resolution of the board of trustees. There are further imposed and shall bepaid to the town for other services and activities. of the. water utilily such fees, tolls and charges as are established from time to time by resolution of the board of trustees, including, without Iimitation awater disconnection fee, meter tamper fee; meter jumper (bypass) fee, return payment fee, and a meter test fee. Section 7. Section .13.08:.080 of the Firestone Municipal. Code is hereby amended to read as follows (words to be deleted are shown in 0fikA.A14t; words. to :be added ,are underlined): 13.08.0$0 Charges for water service reinstatement. If the water supply to any premises served by the town is shut off pursuant to the code of the town because of the failure of the owner, lessee, renter, user or' .possessor of the premises to abide by the provisions of the code, a charge in the amount established from time to time by resolution_of the board oftru_stees o46�5. des shall be paid before the water supply is restored. Section 8.. Section 13.08.090`of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in Wit; words to be added are underlined): 13.08.090 Charge for service calls after hours. Effeetive Mar-eh",Any person who requests, in connection with water service, a service call; by town personnel before or after normal business hours as established from time to time by the board of trustees of the. town, shall be charged an after-hours service call charge in the amount of*hi*dollaf& established from time to. time by resolution_ of the board of trustees. Section 9. Section 15.40.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined): 15.40.020 Permit required=Building departme_n_t_r_ev_iewinspeetoo. No fence shall be erected or constructed or permitted until aplan thereof has been presented to and approved by the building.department4*q)e4er, aka permit has 11 been issued ' • by the town and there has been aid to the town apen-hit fee in the amount established from time to time by resolution of the board of trustees: The noted plan shall depict the proposed location of all fencing; list all types of fencing materials proposed to be used, and contain such other information as. may reasonably be required by the building inspector in order to evaluate the application. Section 10. If any portion of this ordinance is held to Abe invalid for ally 'reason, such decision shall not affect the validity of the remaining portions of this ordinance. 'The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared.invalid. Section 11. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in pare any penalty; forfeiture, or liability, either civil. or, criminal, which shall have been incurred'under such. provision, and each provision 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 12. All other ordinances or portions thereof inconsistent or.conflicting with this ordinance or any portion hereof are hereby rep ealed'to the extent of such inconsistency or conflict. INTR DUCED, READ, ADOPTED,, APPROVED, AND ORDERED PUBLISHED IN FULL this t day of �'kUft"r__ , 20,10. ,U L -- Chad -Auer, Mayor ATTEST:. r�5iO1V Hegwo own Clerk. 6....._ ORDINANCE NO.765 AN ORDINANCE GRANTING A THIRD EXTENSION TO THE TERMS OF A CABLE TELEVISION FRANCHISE GRANTED BY THE TOWN OF FIRESTONE TO AT&T COMCAST CORPORATION WHEREAS, AT&T Comcast Corporation ("Comcast") is the successor to TCI Cablevision of Colorado, Inc. and currently holds a cable television franchise with the Town of Firestone ("Town"), granted by Ordinance No. 429 adopted December 9, 1999 ("Franchise") and transferred to Comcast by Resolution No. 02-18; and WHEREAS, the Franchise expired by its.own terms on January 14, 2010; and WHEREAS, the Board of Trustees previously adopted Ordinance No. 725 and Ordinance No. 756, which extended the term of the Franchise until January 14, 2011; and WHEREAS, Comcast and the Town continue to diligently negotiate a renewal of the existing Franchise but need additional time to complete negotiations and for the Board of Trustees to consider and adopt a proposed franchise renewal; and WHEREAS, Comcast has agreed to the extension of the Franchise as set forth in this Ordinance; and WHEREAS, the Board of Trustees finds that it is in the best interest of the citizens of Firestone to extend the term of the Franchise prior to its expiration to allow for completion of ongoing negotiations regarding a franchise renewal; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the Franchise between Comcast and the Town is hereby extended from its expiration, date of January 14, 2011, until an expiration date of March 31, 2011. The Franchise shall remain in effect, pursuant to the terms and conditions contained therein, until the new expiration date, or until a new agreement is entered into between the parties, or until the Franchise is terminated pursuant to its terms. Section 2. 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. Section 3. If any section, paragraph, sentence, clause or provision of this Ordinance shall for any reason be held to be unconstitutional, invalid or unenforceable for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. INTRODUCED, READ,. ADOPTED AND ORDERED PUBLISHED THIS �h DAY OF r 2010. Chad Auer, Mayor ATTEST: dy He od, Town 1 To N 1112912010 8:38 AM[mac] S:1Fire9oael0rdinanccslComcast extension #3 ,doc �"i� ORDINANCE NO.766 AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO UNITED POWER, INC. TO FURNISH, SELL AND DISTRIBUTE ELECTRICITY WITHIN THE TOWN OF FIRESTONE, TO THE TOWN AND TO ALL RESIDENTS OF THE TOWN WITHIN UNITED POWER'S SERVICE AREA, AND THE RIGHT TO ACQUIRE, CONSTRUCT, . INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH THE TOWN ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE ELECTRICITY WITHIN THE TOWN, AND A NON-EXCLUSIVE RIGHT TO MAKE REASONABLE USE OF ALL TOWN STREETS AND OTHER TOWN PROPERTY, AS HEREIN DEFINED, AS MAY BE NECESSARY TO THE EXERCISE OF SAID RIGHT; FIXING THE TERMS AND CONDITIONS THEREOF; AND REPEALING ORDINANCE NO.285. WHEREAS, the Town is authorized to grant the right to build and operate electric light and power works to a person and to authorize such person. to charge and collect from customers such rent as may be agreed upon, and to enter into a contract with such persons to supply the municipality with electric light and power works, and to pay therefor such sums as may be agreed upon between the parties, pursuant to C.R.S. Section 31-15-707(1)(c); and WHEREAS, any such franchise giving or granting to any person the right or privilege to erect, construct, operate or maintain electric light plants or systems within the Town or to use the streets or alleys of the Town for such purpose shall be granted by ordinance, pursuant to C.R.S. Section 31-32-101; and WHEREAS,. the Town and United Power, Inc. have agreed to the terms upon which the. parties will enter into a franchise agreement for the provision of electricity as more fully set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1 ARTICLE 1: DEFINITIONS 1.1 Short Title. This agreement shall be known as the Town of Firestone/United Power Electric Franchise Agreement ("Franchise Agreement," or "Franchise," or "Agreement") 1.2 Definitions. For the purpose of this Franchise Agreement, the following words and phrases shall have the meaning given in this article. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" or "will" are mandatory and "may" is permissive. Words not defined in this article shall be given their common and ordinary meaning. "Board" or "Board of Trustees" means the governing body of the Town of Firestone. "Commission" or "CPUC" means the Colorado Public Utilities Commission. "Electricity" and "Electric Service" means all electric energy and electric service provided to customers located within the Town, including street lighting and traffic signal lighting services. "Electric Distribution Facility" means that portion of United Power's electric. system, which delivers electric energy from the substation breakers to United Power's meters including all devices connected to that system. "Emergencies" means an event that directly influences the ability to provide service or is life threatening. "Energy Conservation" means the decrease in energy .requirements of specific customers during any selected - time period, with end -use services of such customers held constant. 0 "Energy Efficiency" means methods of energy conservation, reduced .demand or improved Ioad factors resulting from hardware, equipment, devices, or practices that are installed or instituted at a customer facility. "Facilities" means all physical components of United Power which are reasonably necessary to provide electricity within and through the Town for transportation, distribution and sale of electricity and include, but are not limited to, plants, works, systems, substations, transmission and distribution structures, lines, street lighting fixtures, equipment, conduit, transformers, underground lines, meter reading devices, communications and data transfer equipment, wires, cables, poles, and building structures. "Other Town Property" refers to the surface, the air space above the surface and the area below the surface of any property owned or controlled by the Town or hereafter held by the Town, that would not otherwise fall under the definition of "Streets." "Party" or "Parties" refers to and includes United Power and the Town, either singly or collectively as the context requires. "Private Project" refers to any project which is not covered by the definition of "Public Project." "Public Project" refers to (1) any public .work or improvement within the Town that is wholly funded by the Town; (2) any public work or improvement that is wholly owned or is to be wholly owned by, the Town after construction and Town acceptance; (3) or any public work or improvement within the Town where fifty percent (50%) or more of the funding is provided by any combination of the Town, the federal government, the State of Colorado, Weld County the Firestone Urban Renewal Authority, or any other public body or governmental entity, including 3 without limitation any Colorado municipality, any water conservation, water conservancy or drainage district, and any entities established under Title 32 of the Colorado Revised Statutes. "Public Utility Easement" refers to any easement over, under, or above public or private property, lawfully acquired by or dedicated to the use of the United Power, its predecessors in interest, or other public utility companies for the placement of public utility facilities, including but not limited to United Power facilities. Public Utility Easement shall not include any easement for the use of the United Power that is located within the Streets or Other Town Property. "Renewable Resource" refers to any facility, technology, measure, plan or action utilizing a renewable "fuel" source such as wind, solar, biomass, geothermal, municipal, animal, waste -tire or other waste, or hydroelectric generation of twenty megawatts or less, including any eligible renewable energy resource as defined in § 40-2-124(i)(4), C.R.S., as the same shall be amended from time to time. "Residents" means all persons, businesses, industry, governmental agencies and any other entity whatsoever, presently located or which are hereinafter located, in whole or in part, within the territorial boundaries of the Town of Firestone. "Revenues" means those amounts of money which United Power bills for the sale of electricity under authorized rates to residents. "Service Area" means the area within the Town of Firestone, which United Power is certified to serve. 4 "Streets" means streets, alleys, viaducts, bridges, highways, avenues, boulevards, roads, lanes, public rights -of -way, easements, and places suitable for the placement of facilities that are Iocated in the Town. "Street Lighting Facilities" refers to all United Power facilities necessary to provide street lighting service. "Street Lighting Service" refers to the illumination of streets and other Town property by means of United Power -owned non -ornamental street lights and United Power -owned ornamental street lights located .in the Town or along the streets adjacent to the Town limits thereof, supplied from United Power's overhead or underground electric distribution system. "Town" means the Town of Firestone, a Colorado statutory town and municipal corporation located in Weld County, Colorado, and includes the territory that currently is, or may in the future be, included within the boundaries of the Town of Firestone within Weld County. "Town Manager" means the Town Manager, and any agent, representative, officer or employee of the Town designated by the Town Board or the Town Manager to act as the official Town, representative with the authority to act on behalf of the Town under this Franchise Agreement. "Traffic Facilities" refers to any Town -owned or authorized traffic signal, traffic signage or other traffic control or monitoring device, equipment or facility, including all associated controls, connections and other support facilities. or improvements, located in any streets or other Town property 5 "Traffic Signal Lighting Service" refers to the furnishing of electric energy from United Power's distribution system for use in traffic facilities pursuant to the rules and regulations relating to such service in United Power's Tariffs. "Town Streets" means the roads, streets, alleys and associated right-of-way easements owned or controlled by the Town. "United Power" means United Power, Inc. of Colorado, a Colorado not -for -profit electric cooperative, and its successors and assigns, but does not include its affiliates, subsidiaries or any other entity in which it has an ownership interest. ARTICLE 2: GRANT OF FRANCHISE 2.1 Grant of Franchise. The Town hereby grants to United Power, for the period specified herein, and subject to the conditions, terms and provisions contained in this Agreement, a non-exclusive right to famish, sell and distribute electricity within the Town, to the Town and to all residents of the Town within United Power's service area as specified by the Commission. Subject to the conditions, terms and provisions contained in this Agreement, the Town also hereby grants to United Power a non-exclusive right to acquire, construct, install, locate, maintain, operate and extend into, within and through the Town all facilities reasonably necessary to furnish, sell and distribute electricity within the Town as may be necessary to carry out the terms of this Agreement subject to the Town's right of usage for and subject to the Town's reasonable exercise of the police powers, including but ' not limited to, zoning, subdivision, permit and building code requirements. These rights shall extend to all areas of the Town within United Power's service area as specified by the Commission, as the Town is now 6 constituted, and to additional areas as the Town may increase in size by annexation or otherwise in said service area. The Town and United Power do not waive any of their rights under the statutes and Constitution of the State of Colorado and the United States except as otherwise specifically set forth herein. The rights granted in this Franchise Agreement include the right to provide street lighting service and traffic signal lighting service to the Town, for which the Town will pay in accordance with its agreement, as referenced in Section 2.7, with United Power or its established tariffs. These rights shall extend to all areas of the Town within United Power's certificated territory, as it is now constituted and to additional areas as the Town may increase in size by annexation or otherwise within United Power's service territory. 2.2 Effective Date and Term of Franchise. This Franchise Agreement shall be effective as of the effective date of the ordinance adopting the same and shall supersede any prior franchise grants to the United Power by the Town. The term of this Franchise Agreement shall be fifteen (15) years unless extended by mutual agreement of the parties. This Franchise Agreement is not intended to revoke any prior license, grant, or right to use the Streets or Other Town Property and such licenses, grants or rights of use are hereby affirmed. Such rights shall hereafter, be governed by the terms of this Franchise Agreement. Any events occurring prior to the effective date of this Agreement shall be construed under the agreement in place as of the date of any such event except that any provisions relating to under -grounding of distribution lines shall be construed under this Agreement. All under -grounding fund balances in existence and work -in -process on the date this Franchise Agreement becomes effective shall carry forward unaffected by this transition and as provided generally herein. 7 2.3 Financial Responsibility. (A) At the time of presentation of the letter accepting the terms of this Franchise Agreement, United Power shall submit to the Town certificates of insurance to demonstrate that United Power has the following insurance coverages to meet its obligations under the Franchise Agreement: worker's compensation insurance, comprehensive general liability and automobile liability insurance. The Town shall be listed as an additional listed insured for the comprehensive general liability insurance. United Power shall continuously maintain such coverage during the term of this Franchise Agreement, and the certificates of insurance shall be kept current by annual revisions as of January 1 during the term of this Franchise Agreement. The Town reserves the right to request and receive copies of an insurance certificate(s) and the policies issued thereunder from United Power's insurers, demonstrating the placement of the coverages required hereunder. The Town may require, from time to time, and United Power agrees to. provide, additional reasonable funding of United Power's indemnification obligations as a self -insured, if United Power is acting as a self -insured. Nothing herein contained shall create any right in any third party or cause the Town to be liable to any party for a failure so to act. (B) The patties hereto understand and agree that the Town, its officers, and its employees are relying on, and do not waive or intend to waive by any provision of this Franchise Agreement, the monetary limitations (as of December 31, 2010, $150,000 per person and $600,000 per occurrence) or any other rights,'defenses, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S § 24-10-1011 et seq., as from time to time amended, or otherwise available to the Town, its officers, or its employees. 8 2.4 Notice of Boundary Changes. (A) United Power will provide the Town with a map defining the current United Power service area within the Town within thirty (30) days of the execution of this Agreement and will transmit the map as an attachment to a letter from United Power to the Town Manager. (B) United Power will notify -the Town within thirty (30) days of any changes in boundaries of United Power service area in the Town. Such notice will be in written form addressed to the Town Manager. (C) The Town will endeavor to provide to United Power a referral packet for all proposed annexations to the Town, which will be sent to United Power at the same time the Town sends copies of the referral packet to other referral agencies. Upon request, but no more frequently than quarterly, the Town shall provide United Power electronic or hard copies of GIS data referencing the Town's boundaries. Failure by the Town to comply with this subsection will not .result in a material breach of this Agreement or effect the validity of any annexation proceedings, nor preclude the Town from collecting franchise fees from revenues received by United Power from residents of the annexed area after the effective date of the annexation. 2.5 Conditions, Limitations and Exclusions. (A) The right to use and occupy Streets and Other Town Property for the purposes set forth herein is not, and shall not be deemed to be an exclusive franchise, and the Town reserves the right to itself to make or grant a similar use of Streets and Other Town Property to any other person, firm or corporation. The right to make reasonable use of Town Streets and Other Town Property to provide electric service to the Town and its residents under the Franchise is subject to and subordinate to any Town usage of said Streets or Other Town Property. 9 (B) Nothing contained in this Franchise Agreement shall be� construed to authorize United Power to engage in any activities requiring a license or permission from the Town other than the provision of electric service without first obtaining such license or permission. This Agreement does not grant United Power the right, privilege or authority to engage in the cable television business, but does not prohibit joint use agreements between United Power and cable television companies for the shared use of facilities. Any such joint use agreement entered by United Power shall be consistent with United Power's obligations and responsibilities under this Franchise, including inserting provisions that require any joint user of an above ground facility be required to bear their costs of relocating such facility underground where United Power converts its shared above ground facilities to an underground facility. (C) This Agreement does not grant United Power the right, privilege or authority to use or occupy any land currently designated as parks, park land or open space of the Town or which may in the future be so designated except to the extent United Power is as of the effective date -of the ordinance adopting this .Franchise Agreement using or occupying said parks, park land or open space and as otherwise authorized in writing by the Town. United Power shall not expand its use or occupancy of said parks, park land or open space except by specific written authorization of the Town; provided, however, that nothing herein contained shall limit or restrict United Power's right to maintain, renovate, repair or replace any such facilities currently occupying said parks, park land or open space, subject to the conditions set forth in this Franchise Agreement. The Town may require removal, relocation, or undergrounding of facilities from any parks, park land or open space subject toconditions set forth herein. 2.6 Police Powers. 10 (A) The Town retains the following rights in regard to this Franchise Agreement: (1) To use, control and regulate, through the exercise of its police power, Town Streets, public easements and Other Town Property, places and the space above and beneath them. (2) To impose such other regulations as may be determined by the Town Board to be necessary in the exercise of its police power to protect the health, safety, welfare and convenience of the public. (B) United Power expressly acknowledges the Town's right to adopt, from time to time, in addition to the provisions contained herein, such laws, including ordinances, resolutions and regulations, as it may deem necessary in the exercise of its governmental powers. If the Town considers making any substantive changes in its local codes or regulations that in the Town's reasonable opinion will significantly. impact United Power's operations in the Town's Streets and Other Town Property, it will make a good faith effort to advise United Power of such consideration; provided, however, that lack of notice shall not be justification for United Power's non-compliance with any applicable local requirements. United Power expressly acknowledges the Town's right to enforce regulations concerning United Power's access to or use of the Streets and Other Town Property, including requirements for permits. (C) United Power shall: promptly and fully comply.with all laws; regulations, permits, and orders enacted by the: Town that are applicable to United Power's provision of electric service within the Town. 2.7 Payment of Expenses Incurred by Town in Relation to Ordinance. At the Town's option, United Power shall pay in advance or reimburse the Town for expenses incurred in publication of notices and ordinances related to this Franchise Agreement. 2.8 Continuation of Utility Service. In the event this Franchise is not renewed at the expiration of its term or is terminated for any reason, and the Town has not provided for alternative utility service, United Power will not remove any United Power facilities pending resolution of the disposition of the system, or portions thereof, and shall continue to provide, and be paid for at prevailing rates, electric service within the Town until the Town arranges for utility service from another provider. United Power further agrees that it will not withhold any continued interim electric services necessary to protect the public. The Town agrees that in the circumstances of this Section 2.8, United Power shall be entitled to monetary compensation as provided in United Power's tariffs on file with the Public Utilities Commission and United Power shall be entitled to collect from residents and shall be obligated to pay the Town, at the same times and in the same manner as provided in this Franchise Agreement, an aggregate amount equal to the amount which ,United Power would have paid as a franchise fee as consideration for the continued interim use of the Town's Streets and Other Town Property. Only upon receipt of written notice from .the Town stating that the Town has adequate alternative electric service for residents and upon order of the CPUC shall United Power be allowed to discontinue the provision of electric service to the Town and its residents. United Power will be compensated through the agreed upon final date of interim electric service provided by United Power. ARTICLE 3: FRANCHISE FEE 12 3.1 Franchise Fee. In consideration for the grant of this Franchise, United Power shall pay the Town a sum equal to three percent (3%) of all revenues received from the sale of electricity within the Town. Payment of the franchise fee shall not exempt United Power from any lawful taxation upon its property or sales, except as set forth in 3.5 below. All amounts paid to United Power by the Town for use of electricity by any of its departments shall be excluded from computation of the franchise fee. 3.2 Surcharge of Franchise Fee. United Power may collect this fee by adding a surcharge not to exceed the franchise fee upon all Town residents that use facilities of United Power in the Town to obtain electrical service. 3.3 . Electric Service Provided to the Town. No franchise fee shall be charged to the Town for electric service provided to the Town for its own consumption, including Street Lighting Service and Traffic Signal Lighting Service. 3.5 Franchise Fee Payment in Lieu of Certain Fees. The Town accepts payment of the franchise fee by United Power in lieu of any occupation tax,occupancy tax, license tax, or similar tax or fee the Town might charge United Power for the use or occupation of Town Streets and Other Town Property. 3.6 . Franchise Fee Payment Not In Lieu of Permit or Other Fees. Payment of the franchise fee does not exempt United Power from any other lawful tax or fee imposed generally upon persons doing business within the Town, including by way of illustration any fee for a street closure permit, an excavation permit, a street cut.permit, or .other lawful permits hereafter required by the Town, except that the franchise fee provided for herein shall be in lieu of. any occupation fee or similar tax for the use of Town Streets. 13 3.7 Payment Schedule. Unless otherwise specifically provided herein, payment of the franchise fee accruing after the effective date of this Agreement shall be made in monthly installments not more than twenty (20) days following the close of the month for which payment is to be made for the franchise fees resulting from the sale of electricity. Initial and final payments shall be prorated for the portions of the months at the beginning and end of the term of this Agreement. All payments shall be made to the Town in care of the Director of Finance. All payments shall be accompanied by an accounting detailing how the payment amount was calculated, which accounting shall include a statement of those amounts of money that United Power billed for the sale of electricity to residents within the Town; and showing the net taxable amount and the franchise fees billed. 3.8 Audit of Franchise Fee Payments. (A) Every three (3) years commencing at the end of the third year of this Franchise, United Power shall conduct an internal audit to investigate and determine the correctness of the franchise fee paid to the Town. Such audit shall be limited to the previous three (3) calendar years. United Power shall provide a written report to the Town Manager containing the audit findings regarding the franchise fee paid to the Town for the previous three (3) calendar years. (B) If the Town disagrees with the results of the audit, and if the parties are not able to informally resolve their differences, the Town may conduct its own audit at its own expense, and United Power shall .cooperate fully, including but not necessarily limited to, providing the Town's auditor with all information reasonably necessary to complete the audit. If the results of a Town audit conducted pursuant to subsection (B) concludes that United Power has .underpaid the Town by three percent (3%) or more, in addition to the:obligation to pay such amounts to the 14 Town, United Power shall also pay all costs of the audit. Errors arising solely from customer addresses inadvertently not identified as located within, the Town shall not be included in determining the error rate unless the Town has provided specific detailed written notice to United Power that such location address is within the Town Iimits. (C) Either party may challenge any written notification of error as provided for in this Section 3.8 of this franchise by filing a written notice to the other party within thirty (30) days of receipt of the written notification of error. The written notice shall contain a- summary of the facts and reasons for the parry's notice. The parties shall make good faith efforts to resolve any such notice of error before initiating any formal legal proceedings for the resolution of such error. (D) In addition to the three year audit provided above, the Town Manager, or official Town representative, shall have access to the metering records of United Power during normal business hours upon reasonable notice for the purpose of auditing to ascertain that the franchise fee has, been correctly computed and paid. - All information obtained by the Town Manager during a franchise fee audit shall be kept confidential and shall be utilized for the sole purpose of verifying that the franchise fee has been correctly computed and paid. (E) In the event the Town determines after written notice to the United Power that the United Power is-liable,to the Town for payments, costs, --xpenses or damages of any nature, and subject to the United Power's right to challenge such determination, the Town may deduct all monies due and owing the Town from any other amounts currently due and owing the United Power.. Upon receipt of such written notice, the United Power may request a meeting between the United Power's designee and a designee of the Town: Manager to discuss such determination. 15 As an alternative to such deduction, the Town may bill the United Power for such assessment(s), in which case, the United Power shall pay each such bill within thirty (30) days of the date of receipt of such bill. If the United Power challenges the Town determination of liability, •the Town shall make such payments pursuant to the United Power's tariffs until the challenge has been finally resolved. 3.9 Change of Franchise Fee and Other Franchise Terms. The Town Board, upon giving ninety (90) days notice to United Power, may request that the Town and United Power review the franchise fee rate and other material financial aspects of this Franchise Agreement. Upon such a request by the Town, the parties shall engage in good faith negotiations related to amending the franchise fee rate, and/or other related provisions of this Franchise to allow the Town to receive a greater franchise fee rate or other significant benefit in the financial aspects of the Agreement. In no event shall the franchise fee be higher than the highest consideration paid by United Power to any municipality in the State of Colorado. 3.10 Most Favored Nation Clause. United Power shall report to the Town, within sixty (60) days of execution, the terms of any franchise or of any change of:francWse in any other municipality that contains a franchise fee or other significant financial benefit greater than the franchise fee rate or other significant financial benefit to the Town contained in this Franchise Agreement. United Power shall also report about such other provisions which may be beneficial to United Power.. If the Town Board decides the franchise fee or other significant financial benefit should be incorporated into this Franchise Agreement, such change shall be provided for by ordinance; any such change shall not be considered an amendment, renewal or enlargement of this Franchise Agreement. 16 3.11 Contract Obligation. This Franchise Agreement constitutes a valid and binding agreement between United Power and the Town. In the event that the franchise fee specified in this Agreement is declared illegal, unconstitutional or void for any reason by final judgment of any court (or other proper authority), United Power shall be contractually bound to pay monthly fees to the Town in an aggregate amount that would be equivalent to the amount which would have been paid by United Power as a franchise fee hereunder as consideration for use of the Town Streets and Other Town Property. 3.12 Payment of Taxes and Fees. United Power shall pay and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, or imposts, whether general or special, or ordinary or extra- ordinary, of every name, nature; and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, or which may become a lien or charge against this Agreement ("Impositions"), provided that United Power shall have the right to contest any such Impositions and shall not be in breach of this section so long as it is actively contesting such Impositions. The Town shall not be liable for the payment of taxes, late charges, interest or penalties of any nature other than pursuant to applicable tariffs on file and in effect from time to time with the CPUC. 3.13 Changes in Utility Service Industries. The Town and United Power recognize that utility service industries are the subject of restructuring initiatives by legislative and regulatory authorities, and are also experiencing other changes as a result of mergers, acquisitions, and reorganizations. Some of such initiatives and changes have or may have an adverse impact upon the franchise fee revenues provided for herein. In recognition of the Iength 17 of the term of this Franchise Agreement, United Power agrees that in the event of any such initiatives or changes and to the extent permitted by law, upon receiving a written request from the Town, United Power will cooperate with and assist the Town in amending this Franchise Agreement to assure that the Town receives an amount in franchise fees or some other form of periodic compensation that is the same amount of franchise fee rate paid to the Town as of the date that such initiatives and changes adversely impact the future franchise fee revenue. ARTICLE 4: ADMINISTRATION OF FRANCHISE 4.1 Supervision. (A) Town Designee. The Town Manager, or the Manager's designated representative, is hereby designated the official of the Town having full power and authority to take appropriate action for and on behalf of the Town and its inhabitants to enforce the provisions of this Franchise and to investigate any "alleged violations or failures of United Power to comply with the provisions hereto or to adequately and f lly discharge .its responsibilities and obligations hereunder. The failure or omission of said official Town representative to so act skull not constitute any waiver or estoppel nor limit independent action by other Town officials. The Town Manager may also designate one or more Town representatives to act as the primary liaison with United Power as to particular matters. addressed by this Franchise and'shall provide United Power with the name and telephone numbers of said Town representatives. The Town may change these designations by providing written notice to United Power. The Town's designee shall have the right, at all reasonable tunes, to inspect any United Power facilities in Town Streets. (B) United Power Designee. United Power shall designate a :representative to act as the primary liaison with the Town and shall provide the Town with the name, address, and telephone number for United Power's representative under this Franchise. United Power may change its designation by providing written notice to the Town. The Town shall use this liaison to communicate with United Power regarding electric service and related service needs for Town facilities. (C) In order to facilitate such duties of the said official Town representative, United Power agrees as follows: (1) To allow said official Town representative or his designee reasonable access to any part of United Power's plant, works and systems, and that said Town official may make and supervise tests to determine the quality of the electric service supplied the customers of United Power. Access to United Power facilities described in this paragraph and 4.1(C)(2) shall be on an "appointment made" basis during normal business hours. The Town off cial(s) provided access shall be accompanied by at least one employee of United Power of its choosing. The Town official(s) shall comply with all United Power requirements for such access, and particularly safety requirements. For safety reasons, United Power shall have the right to designate at its sale discretion - the method,. means, and timing of such access, which access United Power can terminate or deny at its discretion. (2) .To grant said official Town representative or his designee reasonable access to the books and records of United Power, insofar as they relate to any matters covered.by this Franchise, upon advance appointment made during normal business hours. 19 (3) To provide said Town official with such reasonable. and necessaryreports containing or based on information readily obtainable from United Power's books and records as the Town may from time to time request with respect to the electric service supplied udder this Franchise. (4) To meet at least annually with said official Town representative to share information useful in coordinating management, operation and repair of the facilities of United Power and the operations and property of the Town. 4.2 Coordination of Work, (A) United Power agrees to meet with the Town's designee upon written request for the purpose of reviewing, implementing, or modifying mutually beneficial procedures for the efficient processing of United Power bills, invoices and other requests for payment. (B) United Power agrees to coordinate its activities in Town Streets and on Other Town Property with the Town.. The Town and United Power will meet annually upon the written request of the Town designee to exchange their respective short-term and longterm forecasts and/or work plans for construction and other similar work which may affect Town Streets and Other Town Property. The Town and United Power shall hold such meetings as either deems necessary to exchange additional information with a view towards coordinating their respective activities in those areas where such coordination may prove beneficial and so that the Town will be assured that all provisions of this Franchise, building and zoning codes, and air and water pollution regulations are complied with, and that aesthetic and other relevant planning principles have been given due consideration. 20 i 4.3 Examination of Records. The Parties agree that any duly authorized representative of the Town and United Power shall have access to and the right to examine any directly pertinent non -confidential and non -privileged books, documents, papers, and records of the other party involving any activities related to this Franchise. All such records must be kept for a minimum of four (4) years. To the extent that either Party believes in good faith that it is necessary in order to monitor compliance with the terms of this Franchise Agreement to examine confidential books, documents, papers, and records of the other Party, the Parties agree to meet and discuss providing confidential materials, including but not limited to providing such materials subject to a reasonable confidentiality agreement which effectively protects the confidentiality of such materials. If an Open Records Act request is made by any third party for confidential or proprietary information that United Power has provided to the Town pursuant to this Franchise Agreement, the Town will promptly notify United Power of the request and shall allow United Power to defend such request at its sole expense, including filing a legal action in any court of competent jurisdiction to pievent disclosure of such information. In any such legal action United Power shall join the person requesting the- information and the Town. United Power shall defend, indemnify and hold the Town harmless from any claim, judgment, costs or attorney fees incurred in participating in such proceeding. ARTICLE 5: REPORTS 5.1 Reports of United Power Operations: United Power shall submit reasonable financial and operating reports containing or based on information available from United Power's books and records annually to the Town and other reports the Town may from time to time request with respect to the operations of United Power under this Franchise. Such reports 21 shall be marked "CONFIDENTIAL" by United Power and the Town shall keep "there ports ° as confidential and not subject to public inspection, except as otherwise required bylaw. Such form of reports may be changed from time to time as mutually agreed between the Town and United Power. 5.2 Annual Reports. United Power shall provide the Town on or before May 1 of each year beginning after the effective date of this Franchise: (A) The modified debt service calculation; (B) A report of margins collected by United Power; (C) The rate base in place to serve the Town; and (D) Short-term (three years or less) and long-term (over three years) plans for all major capital improvements, construction and excavation within the Town or affecting service to the Town and its residents. 5.3 Requested Reports. Upon request by the Town, United Power shall provide the Town: (A) A list of real property and . leasehold interests in real property owned by United Power within the municipal boundaries of the Town, for the purpose of calculating property taxes. (B) A map (and, to the extent available, a copy of such map and related data on computer disk or compatible electronic format) indicating the location .of United Power ;distribution facilities within and contiguous to the Town. (C) A report regarding the reliability of United Power Facilities and electric service. (D) A list of all Town electrical accounts and account numbers and items metered. 22 (E) A list of all street lights in the Town energized by United Power. 5.4 Copies of Tariffs and Regulatory Filings. United Power shall notify the Town of all proposals to change rates relating to service by United Power to its customers located within the Town and pursuant to United Power's Bylaws. Upon request by the Town, United Power shall provide the Town with copies of all rules, regulations, rate tariffs, and policies. Town acknowledges that United Power is a nonprofit cooperative formed to distribute, not generate, electrical energy and its utility rates are not subject to regulation by the CPUC and are largely determined by the cost of acquiring electric power from its supplier(s). ARTICLE 6: SUPPLY, CONSTRUCTION AND DESIGN 6.1 Adequate Supply at Lowest Reasonable Cost. United Power shall work with its wholesale power suppliers to take all reasonable and necessary steps to assure an adequate supply of electricity to United Power's customers at the lowest reasonable cost consistent with long term supply reliability. 6.2 Service Reliability. (A) United Power shall operate and maintain United Power facilities efficiently and economically and in accordance with the high standards and best systems, methods, and skills consistent with the provision of adequate, safe, and reliable electric service. United Power recognizes and agrees that, as part of its obligations and commitments under this Franchise, United Power shall carry out each of its performance obligations in. a timely, expeditious, efficient, economical, and workmanlike manner. (B) United Power shall be excused from the performance of its obligations hereunder, to the extent that performance of said obligations are delayed due to: failure of transmission to the 23 Town beyond United Power's responsibility and control; strikes; acts of public enemies; war; order of military authority; insurrections; riots; acts of epidemics; tornadoes; landslides; earthquakes; floods; any Act of God; or any other reason beyond United Power's control. Notwithstanding the foregoing, if the supply of electricity to United Power's customers should be interrupted due to any circumstance beyond United Power's control, United Power shall take all necessary and reasonable actions to restore such supply at the earliest practicable time. 6.3 Planned Outage. If the supply of electricity to United Power's customers should be interrupted due to a planned outage, except cases of emergency outage repair, United Power shall notify, consistent with the provisions of Section 6.7, its customers as soon as practical in advance of the planned outage. United Power agrees that it will in good faith try to contact all customers at least forty-eight (48) hours prior to a planned outage. 6.4 Town. Participation. The Town shall have the right to approve major facility site plans within the Town. Upon reasonable notice to.United Power, the.Town shall have the right to hold public hearings related to United Power's facilities, site selection, undergrounding of overhead lines, construction and service quality. United Power agrees to fully participate in such public hearings as requested by the Town and to provide to the Town information available to United Power that relates to the hearings described in this paragraph. The foregoing shall not limit any rights of the Town under applicable law 6.5 Compliance with Town Requirements. Representatives of the Town and United Power shall meet annually to. discuss annual and long-term planning for capital improvement projects contemplated by each within the Town. United Power shall include within its capital improvement projects the plans of the Town relating to same. United Power 24 and the Town shall exchange copies of their reports or plans regarding annual and long-term planning for capital improvement projects with descriptions of construction activities, including, to the extent known, the timing and method of construction. 6.6 Excavation and Construction. United Power shall be responsible for obtaining, paying for, and complying with all applicable permits including, but not limited to, excavation, street closure and street cut permits, in the manner required by the laws, ordinances, and regulations of the Town. All construction, excavation, maintenance and repair work done by United Power shall be done in a timely manner, which minimizes inconvenience to the public and individuals. When United Power does any work in or affecting the Town Streets, it shall, at its own expense, promptly remove any obstructions therefrom and restore such Town Streets or Other Town Property to a condition that meets applicable Town standards. If weather or other conditions do not permit the complete restoration required by this Section, United Power may with the approval of the Town, temporarily restore the affected Town Streets, or Other Town Property, provided that such temporary restoration is at United Power's sole expense and provided further that United Power promptly undertakes and completes the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. All restoration work under this section shall be subject to inspection by the official Town representative and compliance by United Power with reasonable remedial action required by said official pursuant to inspection. Upon the request of the Town, United Power shall restore the Streets or Other Town Property to a better condition than existed before the work was undertaken, provided that the Town shall be responsible for any additional costs of such restoration. If United Power fails to promptly restore the Town Streets or Other Town Property 25 as required by this Section, and if, in the reasonable discretion of the Town,! irninediaie'action is required for the protection of public health and safety, the Town may, upon giving reasonable notice to United Power that is commensurate with the danger posed, restore such Town Streets or Other Town Property or remove the obstruction therefrom; provided however, Town actions do not unreasonably interfere with United Power facilities. United Power shall be responsible for and pay within thirty (30) days of invoicing by 'the Town the actual cost incurred by the Town to restore such Town Streets or Other Town Property or to remove any obstructions therefrom. In the course of its restoration of Town streets or Other Town Property under this Section, the Town shall not perform work on United Power facilities unless specifically authorized by United Power in writing on a project by project basis and subject to the terms and conditions agreed to in such authorization. 6.7 Outages and Restoration of Service. (A) Customer Notification. United Power shall provide annually to the Town Manager, Chief of Police and Town Office of Emergency Management a written protocol that addresses the process for customer notification of power outages, including the specific provisions to be included in the notice, the estimated time for restoration, the manner by which such notice shall be provided,: and the contact names and telephone numbers associated therewith. (B) Town Notification. United Power shall provide to the Town daytime and nighttime telephone numbers of a designated United Power representative from whom the Town designee may obtain status information from United Power, on a twenty-four (24) hour basis concerning interruptions of electrical service in any part of the Town. 26 (C) Restoration. In the event United Power's electric system; or any'part thereof, is partially or wholly destroyed or incapacitated, United Power shall use due diligencc to restore such systems to satisfactory service within the shortest practicable time, or provide a reasonable alternative to such system if United Power elects not to restore such system. 6.8 Installation and Maintenance of United Power Facilities. (A) United Power Facilities. Except for emergencies, the construction, excavation, installation, maintenance, renovation, repair and replacement of any facilities by United Power shall be subject to permitting, inspection and approval of location by the official Town representative, Such regulation shall include, but not be limited to the following matters: location of facilities in the streets, alleys and dedicated easements; disturbance and reconstruction of pavement, sidewalks and surface of streets, alleys, dedicated easements and driveways. All United Power facilities shall be installed so as to cause a minimal amount of interference with such property. United Power facilities shall not interfere with any water mains or sewer mains or Town telecommunications facilities, traffic signal lights, parks, or any other municipal use of the Town's streets and right-of-ways except to the extent the Town agrees in writing. United Power shall erect and maintain its facilities in such a way as to minirriize interference with trees and other natural features and vegetation. United Power and all its subcontractors shall comply with all permitting, local regulations and ordinances. In emergency situations, United Power shall, after the fact, comply with permitting and inspection requirements of the Town. United Power shall install, repair, renovate and replace its facilities with due diligence in good and workmanlike manner, and United Power's facilities will be of 27 sufficient quality and durability to provide adequate and efficient electric service to the, Town and its residents. (B) Town Projects. Where United Power performs construction projects requested by the Town, upon completion of the agreed work, United Power will provide a final detailed reconciliation report to the Town reconciling the original projected cost estimates to the actual costs incurred in completing the project. Such report will include sufficient detail to explain any material (a variance of more than ten percent (10%)) cost departures from the original estimate. 6.9 Obligations Regarding United Power Facilities. (A) United Power Facilities. All United Power facilities within Town Streets and Other Town Property shall be maintained in good repair and condition. (B) United Power Work Within the Town.. All work within Town Streets and Other Town Property performed or caused to be performed by United Power shall be done: (1) In a high -quality manner; (2) In a timely and expeditious manner; (3) In a manner which minimizes inconvenience to the public; in a cost-effective manner, which may include the use of qualified contractors; and in accordance with all applicable laws, ordinances, and regulations; and (4) Such that its facilities are constructed; maintained and operated in a manner which provides reasonable protection against injury or damage to persons or property. (C) Permit,and Inspection. The installation, renovation, and replacement of any United Power facilities in the Town Streets or Other Town Property by or on behalf of United Power shall be subject to permit, inspection and approval by the Town. Such inspection and approval 28 may include, but shall not be limited to, the following matters: location -of United Power facilities, cutting and trimming of trees and shrubs, and disturbance of pavement, sidewalks, and surfaces of Town Streets or Other Town Property. United Power agrees to cooperate with the Town in conducting inspections and shall promptly perform any remedial action lawfully required by the Town pursuant to any such inspection. (D) Compliance. United Power and all of its contractors shall comply with the requirements of all municipal laws, ordinances, regulations, permits, and standards, including but not. limited to requirements of all building and zoning codes, and requirements regarding curb and pavement cuts, excavating, digging, and other construction activities. United Power shall assure that its contractors working in Town Streets or Other Town Property are qualified and hold the necessary licenses and permits required by law. (E) Increase in Voltage. (1) Customer Notification. United Power shall use best efforts to notify affected customers if there will be facility changes that result in a material increase in voltage of the service to such customers. (2) Town Facilities. United Power shall reimburse the Town for the cost of upgrading the electrical system or facility of any Town building or facility that uses electric service where such upgrading is caused or occasioned by United Power's decision to increase the voltage of delivered electrical energy unless such change is caused by, requested or mandated by the Town. (F) As -Built Drawings. Upon reasonable written request of the Town designee, United Power shall provide within thirty (30) days of the request, as -built drawings of any United Power 29 facility installed within or contiguous to Town Streets or Other Town Property. As used in this section, as -built drawings refers to the facility drawings as maintained in United Power's geographical information system or any equivalent system. United Power shall not be required to create drawings that do not exist at the time of the request. Such drawings shall be provided in hard copy and electronic format if available. 6.10 Relocation. of United Power Facilities. (A) Relocation Obligation. United Power shall at its sole cost and expense temporarily . or permanently remove, relocate, change or alter the position of any United Power facility in Town Streets or in Other Town Property whenever the Town shall determine that such removal, relocation, change or alteration is necessary for the completion of any public project. For all relocations, United Power and the Town agree to cooperate on the location and relocation of United Power facilities in the Town Streets or Other Town Property in order to achieve relocation in the most efficient and cost-effective manner possible. - Notwithstanding the foregoing, once United Power has relocated any United Power Facility at the Town's direction, if the Town requests that the same United Power Facility be relocated within two (2) years, the subsequent relocation shall not be at United Power's expense unless said subsequent relocation is r necessary to remedy a public safety concern or an occurrence constituting force majeure arising after the initial relocation, -or to comply with orders or requirements of state or federal highway authorities. (B) Private Projects. United Power shall not be responsible for the expenses of any relocation required by the 'Town's direct or indirect assistance for private projects, and United 30 Power has the right to require the payment of estimated relocation expenses from ;the affected' Private party before undertaking such relocation. (C) Relocation Performance. The relocations set forth in Section 6.10(A) of this Franchise Agreement shall be completed within a reasonable time, not to exceed ninety (90) days from the later of the date on which the Town designee requests in writing that the relocation commence, or the date when United Power is provided all supporting documentation. For all relocations, United Power shall promptly upon request advise the Town in writing of any need for any additional supporting documentation or other information necessary for design or undertaking of the relocation. United Power shall be entitled to an extension of time to complete a relocation where United Power's performance was delayed due to a cause that could not be reasonably anticipated by United Power or is beyond its reasonable control, after exercise of best efforts to perform, including without limitation fire, strike, war; riots, acts of governmental authority,, acts of God, forces of nature, judicial action, unavailability or -shortages of labor, materials or equipment and failures or delays in delivery of materials. Upon request of United Power, the Town may -'also grant United Power reasonable extensions of time for good cause shown and the Town shall not unreasonably withhold any such extension. (D) I Town Revision of Supporting Documentation. Any revision by. the Town of supporting documentation provided to United Power that causes United Power to substantially redesign and/or change its plans regarding facility relocation shall be deemed good cause fora reasonable extension of time to complete the relocation under the Franchise. (E) Completion. Each such relocation shall .be deemed complete only when United Power actually relocates the. United Power facilities, restores the relocation site in accordance 31 with' Sections 6.6 and 6.7 of this Franchise or as otherwise agreed with the Town; and removes from the site or properly abandons on site all unused facilities, equipment, material and other impediments. (F) Scope of Obligation. Except as otherwise set forth herein, the relocation obligation set forth in this Section shall only apply to United Power facilities located in Town Streets or Other Town Property and shall not apply (i) to United Power facilities located on property owned by United Power in fee, and (ii) to United Power facilities located in privately -owned easements or Public Utility Easements, unless such Public Utility Easements are on or in Town - owned property. (G) Underground Relocation. Underground facilities shall be relocated underground. Above ground facilities shall be placed above ground unless otherwise mutually agreed, or United Power is paid for the incremental amount by which the underground cost would exceed the above ground cost of relocation, or the Town requests that such additional incremental cost be paid out of available funds under Article S of this Franchise. (IT) Coordination. When requested in writing by the Town or United Power, representatives of the Town and United Power shall meet to share information regarding anticipated projects which will require relocation of United Power facilities in Town Streets or . Other Town Property. Such meetings shall be for the purpose of minimizing conflicts. where possible and to facilitate coordination with any timetable established by the Town for any public project. (I) Proposed Alternatives Or Modifications. Upon receipt of written notice of a required relocation, United Power may propose an alternative to or modification of the public 32 project requiring the relocation in an effort to mitigate or avoid the impact of the required relocation of United Power facilities. The Town shall in good faith review the proposed alternative or modification. The Town's acceptance of the proposed alternative or modification shall be at the sole discretion of the Town. In the event the Town designee accepts the proposed alternative or modification, the, United Power agrees to promptly compensate the Town for all additional costs, expenses or delay that the Town reasonably determines that it has incurred as a direct result of implementing the proposed alternative. 6.11 . Service to New Areas. If, during the term. of this Franchise, the boundaries of the Town are expanded within United Power's service area; United Power shall extend service to residents of the newly incorporated areas, and United Power shall be paid therefor, in accordance with United Power's extension policy set forth in its tariffs at the earliest practicable .time. Service to annexed areas shall be in accordance with the terms of this Franchise Agreement, including payment of franchise fees as defined in Section 3.1 of this Franchise. 6.12 New or Modified Service to Town Facilities. In providing new or modified electric service to Town facilities, United Power. agrees to per as follows: (A) Performance. United Power shall complete each project requested by the Town within a reasonable time. The Parties .agree that a reasonable time shall ,not exceed one -hundred :. eighty (180) days from the date upon which the Town designee makes a written request and provides the required supporting documentation as described in this section: United Power shall be entitled to an extension of time to complete a project where United Power's performance was delayed due to a cause that could not be reasonably anticipated by United Power or is beyond its reasonable control, after exercise of best efforts to perform, including but not Iimited to fire 33 strike, war, riots, acts of governmental authority, acts of God, forces of.nature, judicial action, unavailability or shortages of materials or equipment and failures or delays in delivery of materials. Upon request of United Power, the Town designee may also grant United Power reasonable extensions of time for good cause shown and the Town shall not unreasonably withhold any such extension. (B) Town Revision of Supporting Documentation. Any revision by the Town of supporting documentation provided to United Power that causes United Power to substantially redesign and/or change its plans regarding new or modified service to Town facilities shall be deemed good cause for a reasonable extension of time to complete the relocation under the Franchise. (C) Completion/Restoration. Each such project shall be complete only when United Power actually provides the service installation or modification required, restores the project site in accordance with the terms of this Franchise Agreement or as otherwise agreed with the Town and removes from the site or properly abandons on site any unused facilities, equipment, material and other impediments. 6.13 Adjustments to United Power Facilities. United Power shall perform adjustments to United Power facilities, including manholes and other appurtenances in Town . Streets and Other Town Property, to accommodate Town street maintenance, repair and paving operations at no cost to the Town. In providing such adjustments to United Power facilities, United Power agrees to perform as follows: (A) Performance. United Power shall complete each requested adjustment within a reasonable time, not to exceed thirty (30) days from the date upon which the Town makes a 34 written request and provides to United Power all information reasonably necessary to perform the adjustment. United Power shall be entitled to an extension of time to complete an adjustment where the United Power's performance was delayed due to a cause that could not be reasonably anticipated by United Power or is beyond its reasonable control, after exercise of best efforts to perform, including but not limited to fire, strike, war, riots, acts of governmental authority, acts of God, judicial action, unavailability or shortages of materials or equipment and failures or delays in delivery of materials. Upon request of the United Power, the Town may also grant the United Power reasonable extensions of time for good cause shown and the Town shall not unreasonably withhold any such extension. (B) Completion/Restoration. Each such adjustment shall be complete only when United Power actually adjusts United Power facility to accommodate the Town operations in accordance with Town instructions and, if required, readjusts, following Town paving operations. (C) Coordination. As requested by the Town or United Power, representatives of the Town and United Power shall meet regarding anticipated street maintenance operations which will require such adjustments to United Power facilities in Town Streets or Other Town Property. Such meetings shall be for the purpose of coordinating and facilitating performance under this Section. 6.14 Third Party Damage Recovery. (A) Damage Affecting Town Reimbursement Obligation. If any individual or entity damages any United Power facilities that United Power is responsible to repair or replace, to the extent permitted by law, including the Colorado Open Records Act, and subject to withholding 35 of confidential and privileged information, the Town will notify United. 'Power of any such incident and will provide to United Power within a reasonable time all pertinent information within its possession regarding the incident and the damage, including the identity of the responsible individual or entity. (B) Damage to Town Interests. If any individual or entity damages any United Power Facilities for which the Town is obligated to reimburse United Power for the cost of the repair or replacement of the damaged facility, to the extent permitted by law, United Power will notify the Town of any such incident and will provide to the Town within a reasonable time all pertinent information within its possession regarding the incident and the damage, including the identity of the responsible individual or entity. (C) Meeting. United Power and the Town agree to meet periodically, upon written request of either party, for the purpose of developing, implementing, reviewing, improving and/or modifying mutually beneficial procedures and methods for the efficient gathering and transmittal of information useful in recovery efforts against third parties for damaging United Power facilities. 6.15 Technological Improvements. United Power may install future improvements and technological advances to its equipment and service within the Town, at United Power's discretion (but upon reasonable notice to the Town), when such improvements and advances are technologically and economically feasible, and safe and beneficial to the Town. ARTICLE 7: COMPLIANCE 7.1 Town Regulation. The Town expressly reserves, and United Power expressly recognizes, the Town'.s right and duty to adopt, from time to time, in addition to the provisions 36 herein contained, such provisions, ordinances and rules and regulations as may be, deemed necessary by the Town, in the exercise of its police power, to protect the health, safety and welfare of its citizens and their properties. 7.2 Compliance with Regulatory Agencies. United Power shall assure that. its distribution facilities comply with the standards promulgated by all regulatory agencies with jurisdiction over United Power's services. 7.3 Continued Compliance with Air and Water Pollution Laws. United Power shall use its best efforts to take measures which will result in its facilities and operations meeting the standards required by applicable Town, county, state and federal air and water pollution laws, and- laws regulating transportation of hazardous 'materials. Upon the Town's request, United Power will provide the Town with a status report of such measures. ARTICLE 8: UNDERGROUND CONSTRUCTION AND OVERHEAD CONVERSION 8.1 New Lines Under -grounded. United Power shall place all newly constructed electrical distribution lines underground unless approved otherwise by the Town. 8.2 Overhead Conversion of Electrical Lines. United Power agrees to allocate an annual amount, equivalent to one and one-half percent (1-1/2%) of the preceding calendar year's . Revenues derived from customers within the Town, for the purpose of undergrounding United Pouter's existing overhead electric distribution facilities within the Town, at the expense of United Power, as requested by the Town (the ."Undergrounding Funds"). Any unexpended portion of the one . and one-half percent .(1-1 /2%) revenues shall be carried over to succeeding years. Until three (3) years from the conclusion of this Agreement and upon request by the Town, United Power agrees to anticipate amounts to be available for up to three (3) years in 37 0 advance to be used to underground its overhead distribution facilities, as requested by the Town. Any amounts so advanced shall be credited against amounts to be expended in succeeding years until such advance is eliminated. United Power shall only utilize Undergrounding Funds for projects for which it has received written approval from the Town. Except as provided in Section 6.10(G) no relocation expenses which United Power would be required to expend pursuant to Article 6 of this Franchise Agreement shall be charged to this allocation. United Power shall not withhold approval of the plans of the Town except where essential for safety, or protection of the operating integrity of United Power's electric system. If, after any and all undergrounding of United Power lines has taken place and no more United Power overhead lines remain in the Town, there are any Undergrounding Funds remaining, such funds may be used by the Town for other mutually agreed electric utility related projects in the Town mutually agreed upon by the Town and United Power. 8.3 Planning and Coordination of Undergrounding Projects. The Town and United Power shall mutually plan in advance the scheduling of undergrounding projects to .be undertaken according to this Article as a part of the review and. planning for other Town and United Power construction projects. In addition, the Town and United Power. agree to meet, as required, to review the progress of then -current undergrounding projects and to review planned future undergrounding projects. The purpose of such meetings shall be to further cooperation between the Town and United Power to achieve the orderly undergrounding of United Power facilities.. At such meetings, the parties shall review: 38 (A) Undergrounding, including conversions, public projects and replacements which have been accomplished or are underway, together with United Power's plans for additional undergrounding; and (B) Public projects anticipated by the Town. Such meetings shall be held to achieve a continuing program for the orderly undergrounding of electrical lines in the Town. 8.4 Cooperation with' Other Utilities. When undertaking a project of undergrounding, the Town and United Power shall work with other utilities or companies which have their lines overhead to attempt to have all lines undergrounded as part of the same project. When other utilities or companies such as cable television and telephone companies or other utilities with overhead facilities embark upon a program of underground construction where United Power has overhead facilities, United Power shall cooperate with these utilities and companies and undertake to underground United Power facilities as part of the same project at no cost to the Town. United Power shall not be required to pay for the cost of undergrounding the facilities of other companies or the Town. 8.5 Town Requirement to Underground. m addition to the provisions of this Article, the - Town may require any above ground United Power Facilities to be moved underground at the Town's expense. (A) Undergrounding Performance. Upon receipt of a written request from the Town, United Power shall, to the extent of monies available in the Fund and as otherwise provided herein, underground United Power facilities in accordance with the procedures set forth in this Section 8.5. 39 (B) Performance. United Power shall complete each undetgroundirig project requested by the Town within a reasonable time, not to exceed one hundred eighty (180) days from the later of the date upon which the Town designee makes a written request and the date the Town provides to United Power all supporting documentation, United Power shall be entitled to an extension of time to complete each undergrounding project where United Power's performance was delayed due to a cause that could not be reasonably anticipated by United Power or is beyond its reasonable control, after exercise of best efforts to perform, including but not limited to, fire, strike, war, riots, acts of governmental authority, acts of God, forces of nature, judicial action, unavailability or shortages of materials or equipment and failures or delays in delivery of materials. Upon request of United Power, the Town may also grant United Power reasonable extensions of time for good cause shown and the Town shall not unreasonably withhold any such extension. (C) Town Revision of Supporting Documentation. Any revision by the Town of supporting documentation provided to United Power that causes United Power to substantially redesign and/or change its plans regarding an undergrounding project shall be deemed good cause for a reasonable extension of time to complete the under -grounding project under the Franchise. (D) Completion/Restoration. Each such undergrounding ,project shall be deemed complete only when United Power actually undergrounds the designated United Power facilities, restores the undergrounding site in accordance with Sections 6.6 and 6.7 of this Franchise or as otherwise agreed with the Town designee and removes from the site or properly abandons on site any unused facilities, equipment, material and other impediments. 40 (E) Estimates. Promptly upon receipt of an undergrounding request from the Town and the supporting documentation necessary for United Power to design the undergrounding project, United Power shall prepare a detailed, good faith cost estimate of the anticipated actual cost of the requested project for the Town to review and, if acceptable, issue a project authorization. United Power will not proceed with any requested project until the Town has provided a written acceptance of the United Power estimate. (F) Report of Actual Costs. Upon completion of each undergrounding project, United Power shall submit to the Town a detailed report of United Power's actual cost to complete the project and United Power shall reconcile this total actual cost with the accepted cost estimate. (G) Audit of Underground. Projects. The Town may require that United Power undertake an independent audit of any undergrounding project for five hundred thousand dollars ($500,000.00) or greater. The cost of any such independent audit shall reduce the amount of the fund. United Power shall cooperate fully with any audit and the independent auditor shall prepare and provide to the Town and United Power a final audit report showing the actual costs associated with completion of the project. If a project audit is required by the Town, only those actual project costs, including reasonable internal costs and overhead as charged to the project by United Power's normal cost accounting rules and protocols, confirmed and verified by the independent auditor as commercially reasonable and commercially necessary to complete the project shall be charged to the.fund. Upon written request of the Town, but no more frequently than once a year, United Power shall provide the Town with a report detailing the amounts in the underground fund and identifying amounts encumbered for current projects. 41 8.6 Audit of Underground Fund. Upon written request of the Town, but no more frequently than once every three (3) years, United Power shall audit the fund for the Town. Such audits shall be limited to the previous three (3) calendar years. United Power shall provide the audit report to the Town and shall reconcile the fund consistent with the findings contained in the audit report. if the Town has concerns about any material information contained in the audit, the parties shall meet and make good faith attempts to resolve any outstanding issues. If the matter cannot be resolved to the Town's reasonable satisfaction, United Power shall, at its expense, cause an independent auditor, selected by agreement with the Town, to investigate and determine the correctness of the charges to the underground fund. The independent auditor shall provide a written report containing its findings to the Town and United Power. United Power shall reconcile the fund consistent with the findings contained in the independent auditor's written report. If the independent auditor's report confirms United Power's allocations, costs and expenses, the Town shall be responsible for fifty percent (50%) of the cost for the independent auditor's work and report. ARTICLE 9: ENVIRONMENT AND CONSERVATION 9.1 Environmental Leadership. United Power is committed to using the earth's resources wisely; supporting the advancement of emerging technologies, and helping its customers use energy as efficiently as possible. - United Power shall strive to conduct its operations in- a way that avoids adverse environmental impacts where feasible, subject to constraints faced by a cooperative utility. In doing so, United Power shall consider environmental issues in its planning and decision making, and shall invest in environmentally sound technologies when such technologies are deemed prudent and feasible. United Power 42 shall continue with its voluntary carbon reduction program to reduce greenhouse gas emissions and shall continue to explore ways to reduce water consumption at its facilities. United Power shall continue to work with the U. S. Fish and Wildlife Service to develop and implement avian protection plans to reduce electrocution and collision risks by eagles, raptors and other migratory birds caused by transmission and' distribution lines. 9.2 Energy Conservation and Efficiency. (A) Energy Efficiency Programs. (1) General. The Town and United Power recognize and agree that energy conservation and efficiency programs offer opportunities for the efficient use of energy and reduction of customers' energy consumption and costs. United Power recognizes and shares the Town's desire to advance the implementation of cost-effective energy conservation and efficiency programs, which direct opportunities to United Power's customers to manage more efficiently their use of energy and, thereby, create the opportunity to reduce their energy consumption, costs, and impact on the environment.. United Power shall seek to develop and offer energy efficiency programs to its customers. United Power commits'to offer Demand Side Management (DSM) programs and similar succeeding programs, which provide customers the opportunity to reduce their energy usage. In doing so, United Power recognizes the importance of (i) implementing cost-effective programs, the benefits of which could otherwise be lost if not pursued in a timely fashion and (ii) developing cost-effective energy management programs for the various classes of United Power's ' customers. United Power commits to offer programs that attempt to capture market opportunities for cost-effective energy efficiency improvements such as municipal specific programs that provide cash rebates for efficient lighting, energy design 43 programs to assist architects and engineers to incorporate energy efficiency in new construction projects, and recommissioning programs to analyze existing systems to optimize performance and conserve energy. United Power shall advise the Town and United Power's customers of the availability of assistance that United Power makes available for investments in energy conservation, and may do so through dissemination of such information through its District Representatives, newsletters, newspaper advertisements, bill inserts and energy efficiency workshops and by maintaining information of these programs on the United Power's website. United Power will cooperate with the Town, consistent with applicable law respecting any Town initiatives to install and use solar power.or other alternative energy sources in Town buildings and facilities. (2) Town Improvements. United Power agrees to work with the Town to implement periodic grant or other financial assistance programs or mechanisms to assist the Town -in defraying costs incurred by . the Town in making technology changes and/or modifications to Town facilities or purchasing equipment to provide energy efficiencies and/or conservation. Such grant or other programs or mechanisms may include the provision of matching funds for external grant programs and/or other agreements to utilize accrued but unspent under -grounding funds, provided such.programs or -mechanisms do not affect materially United Power's current budget year. A mutually cooperative process including discussion during the August to September time frame for each ensuing budget year to include such expenditures in the next annual budget cycle will materially assist the parties in best utilizing such grant or other financial assistance programs. Both parties must agree on the program uses, 44 t terms, conditions and funding mechanisms for all such grant or other financial assistance programs before United Power will advance any fluids for such program. (B) Renewable Resource Programs. United Power agrees to invest in clean, renewable electric power and include renewable resource programs as an integral part of United Power's provision of electric service to its customers, United Power will continue.to promote existing or new programs in its service territory and take the following steps to encourage participation by the Town and United Power's customers in available renewable resource programs. (1) Notify the Town regarding eligible renewable resource programs; (2) Provide the Town with support regarding how the Town may participate in eligible renewable resource programs; and (3) Advise customers regarding participation in eligible renewable resource programs. (C) Five Year Review. The Town and United Power agree to meet no less frequently than every five (5) years during the term of the Franchise to review and exchange information concerning new and additional energy conservation and efficiencies that may be implemented to further the stated intention'of this Article 9. ARTICLE 10: USE OF UNITED POWER FACILITIES 10.1 Town Use of United Power Facilities. The Town shall be permitted to make use of United Power's distribution facilities such as poles and conduits in the Town at no cost to the Town for the placement of Town equipment or facilities necessary to serve a legitimate police, fire, emergency, communications, public safety or traffic control purpose, or for any other purpose consistent with exercise of the Town's municipal powers and services. The Town shall 45 notify United Power in writing in advance of its intent to use United Power facilities and the nature of such use. The Town shall be responsible for its materials costs and any costs associated with modifications to United Power facilities to accommodate the Town's joint use of such United Power facilities and for any electricity used. No such use of United Power facilities shall be required if it would constitute a safety hazard or would interfere with United Power's use of United Power facilities. Any such Town use must comply with the National. Electric Safety Code and all other applicable laws, rules and regulations. Subsequently, if United Power determines that it will no longer utilize the shared facilities, Town will be responsible, at its cost, for procuring alternatives for its facilities. United Power will be required to provide at least one hundred eighty (180) days notice if it intends to abandon any shared facility, unless such change is occasioned by external circumstances beyond United Power's control. In that event, reasonable notice is all that is required. 10.2 Use of United Power Land. United Power shall grant to the Town use of distribution and transmission rights -of -way which it now, or in the future, owns or has an interest in within the Town for the purposes set forth in the Colorado Parks and Open Space Act of 1984, provided that United Power shall not be required to allow such use in any circumstance where such use would interfere with United Power's use of the transmission rights -of --way. Such grant shall be made only if United Power is given at least sixty (60) days advance notice of the Town's desired use. Any use by the Town pursuant to this Section 10.2 shall be made at the Town's sole expense, and shall be subject to any safety or other requirements imposed by United Power., The Town hereby expressly understands that United Power's rights -of -way contain electrical lines that could prove deadly if contact is made with any electrical current. This Section is not intended and shall not be construed to revoke or affect any prior license, "gtant or right previously given to use United Power distribution or transmission rights -of -way. The Town shall indemnify United Power against any claim, demand, or lien associated with the Town's use of United Power's distribution and transmission rights -of -way, conduits and poles, to the extent permitted by Iaw and to the extent arising out of the negligent or willful or wanton act or omission of the Town or any of its officers or employees. 10.3 Third Party Use of United Power Facilities. If requested in writing by the Town, United Power may allow other companies who hold Town franchises, or otherwise have obtained consent from the Town to use the streets, to utilize United Power facilities for the placement of their facilities upon approval by United Power and agreement upon reasonable terms and conditions including payment of fees established by United Power. No such use shall be permitted if it would constitute a safety hazard or would interfere with. United Power's use of United Power facilities. United Power shall not be required to allow the use of United Power facilities for the provision of utility service except as otherwise required by law. 10.4 Emergencies. Upon request, United Power will cooperate with the Town in developing an emergency management plan. In the case of any emergency or disaster, United .Power shall, upon verbal request of the Town, make available United Power 'facilities for temporary emergency use during the emergency or the disaster period: Such use of United Power facilities shall be of a limited duration and will only be allowed if the use doesnot interfere with United Power's own use of such United Power facilities. ARTICLE 11: RIGHT OF FIRST PURCHASE/USE OF UNITED POWER LAND 47 11.1 Right of First Purchase. If at any time during the term of this Franchise, United Power proposes to sell or dispose of any of its real property located within the Town, it shall grant to the Town the right of first purchase of same. United Power shall obtain an appraisal by a qualified appraiser on any such real property and the Town shall have sixty (60) days after receipt of the qualified appraisal in which to exercise the right of first purchase at the appraised value by giving written notice to United Power. If the Town is not satisfied with the appraisal tendered by United Power, the Town may obtain, within thirty (30) days of United Power's tender of its appraisal, and at the Town's cost, a second appraisal which, upon receipt, shall be tendered to United Power. If United Power is satisfied with the Town's appraisal, then, upon notice, the Town shall purchase the property at the price set forth in the second appraisal. If United Power is not satisfied with the second appraisal, then the appraisers issuing the first and second appraisals shall choose a third appraiser who will also appraise the property. The Town and United Power shall share the cost of the third appraiser equally and shall be bound by the value concluded by the third appraiser. The sixty (60) day time period by which the. Town may have the first right to purchase the property shall be extended thirty (30) days from the dates of the second or third appraisal (as the case may be), and the Town shall close on the sale and pay .the value set forth in the controlling appraisal within said thirty (30) days. Should the Town not provide the required written notice that it wishes to purchase the subject property within the time frames above, United Power may proceed to negotiate with others for the sale of such property, provided that United Power may not sell such property for an amount less than ninety-five percent (95%) of the appraised value without first providing the Town an opportunity to 48 purchase such property at such lesser price, in which instance the Town .skull have thirty (30) days to determine if it wishes to purchase such property. ARTICLE 12: INDEMNIFICATION OF TOWN 12.1 Town Held Harmless. United Power shall indemnify, defend and hold the Town, harmless from and against claims, demands, liens and all liability or damage of whatsoever kind on account of or arising from the grant of this Franchise, the exercise by United Power of the related rights, or from the operations of United Power within the Town, and shall pay the costs of defense plus reasonable attorneys' fees. The Town shall (a) give prompt written notice to United Power of any claim, demand or lien with respect to which the Town seeks indemnification hereunder and (b) unless in the Town's judgment a conflict of interest may exist between the Town and United Power with respect to such claim, demand or lien, shall permit United Power to assume the defense of such claim, demand, or lien with counsel satisfactory to the Town. If such defense is assumed by United Power, United Power shall not be subject to any liability for any settlement made without its consent. If such defense is not assumed by United Power or if the Town determines that a conflict of interest exists, the parties reserve all rights to seek all remedies available in this Franchise against each other. Notwithstanding any provision hereof to the contrary, United Power shall not be obligated to indemnify, defend or hold the Town harmless to the extent any claim, demand or lien arises out of or in connection with any negligent or intentional act or failure to act of the Town or any of its officers or employees 12.4 Town Liability and Immunity. The Town shall be responsible for liability and damages associated with its own acts and omissions in the manner and to the extent provided by applicable law. Nothing in this Agreement shall be construed as a waiver of the notice 49 requirements, defenses, immunities and limitations the Town may have under the Colorado Governmental Immunity Act (C.R.S § 24-10-101 et seq.) or of any other defenses, immunities, or limitations of liability available to the Town by law. .ARTICLE 13. TRANSFER OF FRANCHISE 13.1 Consent of Town Required. (A) United Power shall not sell, transfer or assign this Franchise or any rights under this Franchise to another, by stock exchange, merger, or otherwise, excepting only corporate reorganizations of United Power not involving a third party, unless the Town shall approve in writing such sale, transfer or assignment of rights. Approval of the sale, transfer or assignment shall not be unreasonably withheld. The charging or collection of the transfer fee hereinafter set forth is conclusively deemed reasonable. (B) In order that the Town may share in the value this Franchise adds to United Power's operations, any such transfer or assignment by United Power of rights under this Franchise requiring Town approval under Section 13.1(A) shall require that the transferee promptly pay to the Town an amount that is equal to the lesser of (i) Three dollars ($3.00) per metered account located within the franchise area or (ii) three times the most recent. twelve (12) months of franchise fiees collected by the Town from United Power. In the event only a portion of United . Power's service area within the Town is transferred; the transfer fee shall be calculated by multiplying the greater of (i) and (ii) above by the number of customers transferred, divided by the then current number of customers served by United Power in the Town before said transfer Such transfer fee shall not be recovered from the Town or from the Town residents or property 50 owners through electric rates of customers in the Town or by a surcharge of the Residents of the Town by the transferee or United Power. (C) Any sale, transfer or assignment of electric facilities, service territory or public utility franchise, which cause service degradation within United Power's service Area or results in a significant increase in rates to Town customers, shall constitute a violation of this Franchise. ARTICLE 14: MUNICIPALLY -PRODUCED UTILITY SERVICE 14.1 Municipally -Produced Utility Service. (A) Town 'Reservation. The Town expressly reserves the right to engage in the production of utility service to the extent permitted by law. United Power agrees to negotiate in ' good faith long term contracts to purchase Town -generated power made available for sale, including without limitation contracts for rebates, bill credits and/or net metering in relation to solar, wind or other renewable energy resources generated by the Town at its facilities, consistent with established United Power Board requirements and considering the then existing agreements with United Power's current providers. (B) Franchise Not to Limit Town's Rights. Nothing in this Franchise prohibits- the Town from becoming an aggregator of utility service or from selling utility service to customers should it be permissible under law. ARTICLE 15: PURCHASE OR CONDEMNATION 15.1 Town's Right to Purchase or Condemn. - The right of the Town to construct, purchase of' condemn any public utility works or ways, and the right of United Power . in connection therewith, as provided by the Colorado Constitution and Statutes, are hereby expressly reserved. The Town shall have the right during the tern of this Franchise and using 51 the procedures set forth herein, to ' purchase United Power facilities; .'laird, rights -of -way and easements now owned or to be owned by United Power located within the territorial boundaries of the Town. 15.2 Notice of Intent to Purchase or Condemn. The Town shall provide United Power no less than one (1) year's prior written notice of its intent to purchase or condemn United Power facilities. Nothing in this section shall be deemed or construed to constitute consent by United Power to the Town's purchase or condemnation of United Power facilities. 15.3 Negotiated Purchase Price or Condemnation Award. Upon the exercise of the Town's . option to purchase, the parties shall negotiate in good faith to determine a mutually acceptable purchase price. This purchase price will be in the range of original cost less depreciation (lower range) and replacement cost less depreciation (upper range). In the event of any such purchase, no incremental value shall be ascribed or given to the rights granted under this Franchise in the valuation of the property thus taken. if the Town and United Power cannot reach agreement as to the purchase price or acceptable payment terms within ninety (90) days after commencement of negotiations, the Town may commence condemnation proceedings, and each party shall have the rights provided by law relating to condemnation and United Power shall be entitled to and shall receive and retain that part of the award or price paid by the Town attributable to the improvements, fixtures, betterments, antennas, equipment and all other things, and rights of United Power. 15.4 Continued Cooperation by United Power. (A) In the event the Town exercises its option to purchase or condemn, United Power agrees that it will continue to supply in whole or in part any service it .supplies under this FN Franchise Agreement and the ordinance adopting the same, at the Towns, request, for the duration of the term of this Agreement. United Power's facilities shall be available for continued service until nine months after final order is entered in a condemnation proceeding or the effective date of a purchase agreement between the parties; provided however, said obligation to maintain facilities shall not exceed a twenty-four (24) month period after the termination of the Franchise. United Power shall continue to provide service pursuant to the terms of this Agreement for said twenty-four (24) months until the Town has either purchased or condemned United Power's facilities, or alternative arrangements have been made to supply electricity to the Town and its residents, whichever date shall occur earlier. The Town shall not pay for any services no longer required. (B) United Power shall cooperate with the Town by making available then existing pertinent United Power records, which are not privileged, to enable the Town to evaluate the feasibility of acquiring United Power facilities. United Power shall not be obligated to conduct studies or accrue data without reimbursement by the Town, but will make such studies if reimbursed its actual costs for the same. United Power shall take no action, which could inhibit the Town's ability to effectively or efficiently use the acquired systems. At the Town's request, United Power shall supply electricity for use by the Town in a Town -owned system. . ARTICLE 16: CHANGING CONDITIONS. United Power and the Town recognize that many aspects of the electric utility business are currently the subject of discussion, examination and inquiry by different segments of industry and affected regulatory authorities and that these activities may ultimately result in fundamental changes in the way United Power conducts its business and meets its service obligations. In 53 recognition of the present state of uncertainty respecting these matters, United Power and the Town agree, on request of the other, to negotiate in good faith an amendment of this Franchise or enter into separate, mutually satisfactory arrangements to effect a proper accommodation of such developments. ARTICLE 17: UNCONTROLLABLE FORCES. Neither the Town nor United Power shall be in breach of this Franchise Agreement if a failure to perform any of the duties under this Franchise is due to uncontrollable forces, which shall include but not be limited to accidents, breakdown of equipment, shortage of materials, acts of God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government and other causes or contingencies of whatever nature beyond the reasonable control of the party affected, which could not reasonably have been anticipated and avoided. ARTICLE 18: BREACH AND REMEDIES 18.1 Nan -Contestability. The Town and United Power agree to take all reasonable and necessary actions to assure that the terms of this Franchise are performed and except as may be specifically provided in this Franchise Agreement neither will take any unilateral legal action to secure the modification or amendment of this Franchise. 18.2 Breach Notice/Cure/Remedics. Except as otherwise provided in this Franchise, if a party (the "breaching party") to this Franchise fails or refuses to perform any of the terms or conditions of this Franchise (a "breach"), the other party (the "non -breaching party") may provide written notice to the breaching party of such breach. Upon receipt of such notice, the breaching party shall be given a reasonable time, not to exceed thirty (30) days, in which to 54 remedy the breach and except as provided under Article 17. If the breaching party does not remedy the breach within the time allowed in the notice, the non -breaching party may exercise the following remedies for such breach: (A) Specific performance of the applicable terra or condition; and (B) Recovery of actual damages from the date of such breach incurred by the non - breaching party in connection with the breach, but excluding any consequential damages. 18.3 Termination of Franchise by Town. In addition to the foregoing remedies, if United Power fails or refuses to perform any material term or condition of this Franchise (a "material breach"), and such failure is not an occurrence by force majeure under Article 17, the Town may provide written notice to United Power of such material breach. Upon receipt of such notice, United Power shall be given a reasonable time, not to exceed ninety (90) days, within which to remedy the material breach. If United Power does not remedy the material breach within the time allowed in the notice, the Town may, at its sole option, terminate this Franchise. This remedy shall be in addition to the Town's right to exercise any of the remedies provided for k elsewhere in this Franchise. Upon such termination, United Power shall continue to. provide electric service to the Town and its residents until the Town makes alternative arrangements for such service and be paid for such service in.accordance with United Power's Bylaws. United Power shall also be entitled to collect from Residents and shall be obligated to pay the Town, at the same times and in the same manner as provided in the Franchise, an aggregate amount equal to the amount which United Power would have .paid as a franchise fee as consideration for use of the Town streets. Ff7 18.4 United Power Shall Not Terminate Franchise. In no event, other than caused by the Town's material breach of this Agreement, does United Power have the right to terminate this Franchise but may transfer its rights hereunder after notice to Town and as otherwise set forth in Article 13. 18.5 No Limitation. Except as provided herein, nothing in this Franchise shall limit or restrict any legal rights or remedies that either party may possess arising from any alleged breach of this Franchise. ARTICLE 19: UNITED POWER OPERATIONS 19.1 Corporate Structure. Unless otherwise required by law, United Power shall continue its operations hereunder as a Colorado nonprofit corporation and cooperative controlled by its customers and as generally provided under C.R.S. § 40-9.5-101 et seq. This subsection shall not limit the power of United Power to engage in other lawful business ventures through the use of subsidiary or controlled entities, including for profit ventures. ARTICLE 20: AMENDMENTS 20.1 Amendment to Franchise. This Franchise Agreement represents the entire Franchise Agreement between the parties and there are no oral or collateral agreements or understandings. This Franchise Agreement may be amended only by an instrument in writing signed by United Power and the Town. 20.2 Proposed Amendments. At any time during the term of this Franchise, the Town or the United Power may propose amendments to this Franchise by giving thirty (30) days written notice to the other of the proposed amendment(s) desired. However, nothing contained in 56 this Section 20.2 shall be deemed to require either Party to consent to any amendment proposed by the other Party. ARTICLE 21: EQUAL OPPORTUNITY 21.1 Equal Opportunity. United Power is an equal opportunity employer. United Power will comply with all federal, state and Town laws regarding employment, contracting and operating its business activities with a policy of non-discrimination with people of all race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability or any other protected status in accordance with all federal, state or local laws. 21.2 Contracting. United Power agrees to require all of its contractors to comply with all federal, state and Town laws regarding employment, contracting and operating their business activities with regards to non-discrimination with people of all race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability or any other protected status in accordance with all federal, state or local laws. 21.3 Economic Development. The parties agree that promoting economic development with the Town is in the best interest of all parties. United Power is committed to the principle of stimulating, cultivating and strengthening the participation and representation of under -represented groups in the local Firestone business community. United Power believes that increased participation and representation of under -represented groups will lead to mutual and sustainable benefits for the local economy. United Power is also committed to the principle that the success and economic wellbeing of United Power is closely tied to the economic strength and vitality of the diverse communities and people it serves 57 United Power believes that contributing to the development of a viable and sustainable economic base among all "United Power customers is in the best interests of United Power and its shareholders and will keep these goals in mind in formulating its economic development strategies, programs and policies. ARTICLE 22: IMMIGRATION 22.1 Illegal Aliens. At all times during the term of this Franchise Agreement, United Power agrees that it will comply with all applicable Federal, State and Town laws prohibiting the employment of, or contracting with, undocumented workers or illegal aliens. 22.2 Employment Prohibited. United Power shall not knowingly employ or contract with an undocumented worker or illegal alien to perform work for United Power that is or may be related to this Franchise Agreement or knowingly contract with a subcontractor who knowingly employs or contracts with undocumented workers (illegal aliens) to perform work under this Franchise. 22.3 Affirmative Action. United Power agrees to take affirmative action to insure that it does not employ or contract with undocumented workers or illegal aliens to perform work on this Franchise by participation in either of the following options: (A) OPTION I - E-VERIFY PROGRAM (1) Execute a Memorandum of Understanding .with the Social Security Administration -and Department of Homeland Security for participation in the E-verify Program for the verification of immigration status of employees hired after the date of execution of the Memorandum of Understanding. (2) Verify or attempt to verify through participation in the E-verify Program that United Power does not and will not employ undocumented workers or illegal aliens. 58 (3) United Power shall comply with all terms and conditions- of the Memorandum of Understanding related to the E-verify Program, and in particular shall not use the process for verification of immigration status to verify an applicant's employment eligibility; submit a request for verification until after the employee is hired and the Form I-9 is completed and submitted; or, to re -verify employees hired prior to the date of the. Memorandum of Understanding. (B) OPTION 2 - STATE OF COLORADO DEPARTMENT" OF LABOR AND EMPLOYMENT PROGRAM ("DEPARTMENT PROGRAM") (1) United Power shall notify the Department and the Town of its intent to participate in the Department Program, and United Power's consent in writing to the Department conducting random audits of the affidavits of United Power filed with the Town and the related documents maintained by United Power. (2) United Power shall, within twenty (20) days after hiring a new employee, file with the Department an affidavit affirming that United Power has examined the legal work status of such employee, retained file copies of the required documents related thereto, and has not altered or falsified the documents for such employee. (3) .United Power shall provide a written, notarized copy of the affirmation to the Town on or before its filing with the'Department. 21.4 Subcontractors. (A) United Power shall require all subcontractors of United Power to certify in writing to United Power that the subcontractor does not knowingly employ or contract with undocumented workers or illegal aliens and further to agree in writing not to knowingly employ or contract with 59 an undocumented worker or illegal alien to perform work that is or may be' related to this Franchise Agreement. (B) United Power shall not enter into a contract with a subcontractor that fails to certify to United Power that the subcontractor shall not knowingly employ or contract with an illegal . alien to perform work that is or may be related to this Franchise Agreement. (C) If United Power obtains actual knowledge that a subcontractor performing work under this Franchise Agreement knowingly employs or contracts with an illegal alien, United Power shall: (1) Notify the subcontractor and the Town within three (3) days that United Power has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three (3) days of receiving the; notice required pursuant to Section 21.4(C)(2), the subcontractor does not terminate the employment or contract with the illegal alien; except that Uted. Power shall not terminate the contract. with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien: 21.5 Compliance. United Power shall comply with any reasonable request by the Town or the Colorado Department of Labor and Employment made in the course of an. investigation that the Town or the Department is undertaking for the purpose determining the immigration .status of all newly hired employees or contractors working on this Franchise, including, but not limited to: 60 (A) Inspections and/or interviews at such locations as this contract -are being performed; (B) Review documentation related to the immigration status and/or employment eligibility of all newly hired employees or contractors performing work which is or may be related to this Franchise; or, (C) Any other reasonable steps as necessary to determine whether United Power or subcontractor is complying with the provisions of this Franchise related to the employment of or contracting with undocumented workers or illegal aliens. 22.6 Documentation. United Power shall, upon request, provide to the Town copies of documentation and verification of immigration status and employment eligibility received by United Power for itself or from subcontractors; and, if requested, copies of information received from a subcontractor submitted to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 22.7 Violation. If United Power violates a provision of this Article 22, such violation may constitute a material breach of this Franchise Agreement and the Town, in its sole discretion, may terminate the Franchise for breach of contract. If the Franchise is so terminated, United Power shall be liable for actual damages to the Town. ARTICLE 23: MISCELLANEOUS 23.1 No Waiver. Neither the Town nor United Power shall be excused from complying with any of the terms and conditions of this Franchise, by any failure of the other, or any of its officers, employees, or agents, upon any one or more occasions, to insist upon or to . seek compliance with any such terms and conditions. Further, neither the Town nor United 61 Power waives any rights under the laws, statutes and/or constitution of.the State- of Colorado `or of the United States except as otherwise specifically set forth herein. 23.2 Successors and. Assigns. The rights, privileges, franchises and obligations granted and contained in this Agreement shall inure to the benefit of and be binding upon United Power, its successors and assigns as same may succeed to the rights of United Power pursuant to Article 13. 23.3 Notice and Representatives. Both parties shall designate from time to time in writing, representatives for United Power and the Town who will be the person(s) to whom notices shall be sent regarding any action to be taken under this Agreement. Notice shall be in writing and forwarded by certified mail, or hand delivery, facsimile or electronic transmission with proof of delivery, to the persons and addresses as hereinafter stated unless the names and addresses are changed at the written request of either party, delivered in the manner provided herein. Until any such change shall hereafter be made, notices shall be sent to the following: For the Town of Firestone: Town Manager 151 Grant Avenue, Box 100 Firestone, CO 80520 With a faxed copy to: (303) 833-4863 For United Power: Chief Executive Officer . United Power, Inc. 500 Cooperative Way Brighton, CO 80603 With a faxed copy to: (303) 659-2172 62 23.4 Severability. Should any one or more provisions of this-, Agreement :be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a replacement provision that will achieve the original intent of the parties hereunder. 23.5 Entire Agreement. This Agreement constitutes the entire agreement of the parties. There have been no representations made other than those contained in this Agreement. 23.6 Third Parties, Rights to Third Parties. Nothing herein contained shall be construed to provide rights or benefits to third parties. 23.7 No Fee -Shifting Provision. In any judicial or administrative action to enforce any of the terms or conditions of this Franchise Agreement, each party shall be responsible for its own costs and expenses incurred in such action, including reasonable attorney fees, unless the same are otherwise awarded to a party pursuant to statute or Court rule. 23.8 Headings for Reference Only. The headings used in this Franchise are for references only and convey no substantive rights .or impose no substantive obligations on the Parties. 23.9 Responsibility for Language: The Parties hereby acknowledge during the drafting of this document each has been represented by legal counsel and that each party bears equal and identical responsibility for the language of this' Agreement. In case of ambiguity, there shall be no presumption based upon responsibility for drafting this. Franchise, and the Agreement shall not be construed against one party in favor of another. 63 23.10 Authority. Each party represents and warrants that except as set forth below, it has taken all actions that are necessary or that are required by its ordinances, regulations, procedures, bylaws, or applicable laws, to legally authorize the undersigned signatories to execute this Agreement on behalf of the parties to its terms. Each party represents and warrants that the person executing this Agreement on behalf of it has full authorization to execute this Agreement. 23.11 Applicable law. Colorado law shall apply to the construction and enforcement of this Franchise. The parties agree that venue for any litigation arising out of this Franchise shall be in the District Court for Adams County, State of Colorado. 23.12 Reserved Rights. The right is hereby reserved by the Town to adopt, from time to time, in addition to the provisions herein contained, such ordinances as may be deemed necessary in the exercise of its police power to protect the health, safety and welfare of the public, including but not limited to ordinances to control and regulate the use of the Streets and Other Town Property and the space above and beneath the same. Neither the Town nor the Grantee waives any rights under the statutes and constitution of the State of Colorado or of the United States except as otherwise specifically set forth herein 23.13 Towne Approval This Franchise Agreement shall become effective only upon the effectiveness of this ordinance. 23.14 United Power Approval. United Power shall file with the Town Clerk its written approval of this Franchise and of all of its terms and provisions at least ten (10) days prior to public hearings set for consideration of the Ordinance by the Towns Board. United Power shall file with the Town Clerk its written ratification thereof within ten (10) days after the approval of 64 this Franchise Agreement by the Town Board. The acceptance and ratification shall. in form and content be approved by the Town Attorney. If United Power shall fail to timely file its written acceptance or ratification as herein provided, this franchise shall be and become null and void. 23.15 Ordinance Repealed.. Ordinance No. 285, passed under date of February 22, 1991, and codified in Chapter 13.24 of the Firestone Municipal Code, is hereby repealed and of no further force or effect. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are repealed to the extent of such inconsistency or conflict. 23.16. Accrued Liabilities. The repeal or of any provision of the Firestone Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability which shall have been incurred under such provision, and each provision 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. INTRODUCED, READ, AND ORDERED PUBLISHED IN FULL the 16th day of December, 2010. PASSED, ADOPTED AND APPROVED this 3�h day of J21WrV , 2011. ATTEST: Chad Auer, Mayor i �� .+• ��� �i ACCEPTED .AND EXECUTED by United Power, Inc. a Colorado nonprofit cooperative corporation, this Z/r// day of 2011. United Power, Inc. A Colorado nonprofit corporation. By uth Marks, Acting CEO ATTEST: 6 By �z cretary 66 ORDINANCE NO. �g 7 AN ORDINANCE GRANTING A NON-EXCLUSIVE CABLE TELEVISION FRANCHISE TO COMCAST OF COLORADO IV, LLC, AMENDING CORRESPONDING PROVISIONS OF THE FIRESTONE MUNICIPAL CODE, AND APPROVING A LETTER AGREEMENT WITH COMCAST WHEREAS, Comcast Corporation ("Comcast"), is the successor to TCI Cablevision of Colorado, Inc. and currently holds a cable television franchise with the Town of Firestone (the "Town"); and WHEREAS, the original expiration date of such cable television franchise was extended from January 14, 2010 until March 31, 2011 or until a new agreement is entered into between the parties by Ordinance Nos. 725, 756, and 765; and WHEREAS, the current franchise agreement between Comcast and the Town authorizes the parties to negotiate a proposed franchise renewal agreement in accordance with the informal renewal proceedings described in the Cable Communications Policy Act of 1984 ("Cable Act") and WHEREAS, Comcast and the Town have been involved in negotiations for several months concerning a proposed franchise renewal agreement; and WHEREAS,'these negotiations have resulted in the proposed Franchise Agreement that is being presented to the Board of Trustees for its consideration and approval; WHEREAS, the public has been afforded notice and an opportunity to comment on the proposed Franchise Agreement in accordance with the Cable Act; and WHEREAS, the Board of Trustees finds that the Town's grant of a cable franchise to Comcast in accordance with the terms and conditions of the Franchise Agreement is in the best interests of the Town and its citizens and will meet the future cable related needs of the,' community; WHEREAS, the negotiations have also resulted in a proposed Letter Agreement pursuant to which Comcast has agreed to provide and install certain equipment for the public, educational, and governmental access channel the Town shares with the City of Dacono and the Town of Frederick, and in return the municipalities have agreed that Comcast may close the Comcast payment center located in the Town of Frederick; and WHEREAS, the Board of Trustees desires to approve such Letter Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AS FOLLOWS: Section 1. The Board of Trustees hereby approves the proposed Franchise Agreement by and between Comcast of Colorado, IV, LLC and the Town of Firestone in the form of such Franchise Agreement accompanying this ordinance, and hereby authorizes the grant of franchise therein contained subject to and upon the terms and conditions of said Franchise Agreement. The Mayor is authorized to execute the Franchise Agreement on behalf of the Town, such execution to be on or after the effective date of this ordinance and subject to the requirement that Comcast shall have first executed the same.. Section 2. The Board of Trustees hereby approves the Letter Agreement between Comcast of Colorado, IV, LLC and the Town of Firestone in the form of such Letter Agreement accompanying this ordinance. The Mayor is authorized to execute the Letter Agreement on behalf of the Town subject to the requirement that Comcast shall have first executed the same, and is further authorized to negotiate and approve on behalf of the Town such revisions to this Letter 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 Letter Agreement are not altered. Section 3. Section 13.16.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfieken thFOtlgh} : Chapter 13.16 Cable Television Franchises 13.16.010 Grant of franchise — term. A. Pursuant to the ordinance codified herein, the Town granted to Comcast of Colorado IV, LLC, a nonexclusive and revocable authorization to make reasonable and lawful use of the public streets, easements and other rights -of -way to construct, operate, maintain, reconstruct, rebuild and upgrade a cable television system for the purpose of providing cable services subject to the terms and conditions set forth in the Cable Television Franchise Agreement, copies of which are on file in the office of the Town Clerk. B. . The term of the franchise granted by the Town shall be for a period of tft five years from january 14, 2000, the effective date of the Agreement. Section 4. All prior ordinances or parts of such prior ordinances, codes or parts of codes in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any paragraph, section, sub -section, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid, unconstitutional and/or unenforceable, such provisions shall be deemed to be separate, distinct and independent and the remaining provisions of this Ordinance shall continue in full force and effect. 2 INTRODUCED. --READ, ADOPTED AND ORDERED PUBLISHED, THIS DAY OF P ' � , 2011. TOWN OF FIRESTONE STO/�� TOWNc Li SEA i Chad Auer, Mayor AN..........• J Heg od, Town C r 1 12/1512010 8:38 AM[mac]SaFirestoneJFranchiselComcast franchise.ord FRANCHISE AGREEMENT This Franchise Agreement (hereinafter, the "Agreement" or "Franchise Agreement") is made between the Town of Firestone (hereinafter, "Town") and Comcast of Colorado IV, LLC (hereinafter, "Grantee"). SECTION 1- Definition of Terms For the purpose of this Franchise Agreement, capitalized terms, phrases, words, and abbreviations shall have the meanings ascribed to them in the Cable Communications Policy Act of 1984, as amended from time to time, 47 U.S.C.§§ 521 et seq. (the "Cable Act"), unless otherwise defined herein. 1.1. "Cable System" shall mean the Grantee's facility, consisting of . a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Customers within the Service Area. 1.2. "Customer" means a Person or user of the Cable System who lawfully receives Cable Service therefrom with the Grantee's express permission. 1.3. "Designated. Access Provider" means the entity or entities designated by the Franchising Authority to manage or co -manage any PEG Access Channels and facilities. The Franchising Authority may be a Designated Access Provider. I.A. "Dwelling Unit" means any building, or portion thereof, that has independent living facilities, including provisions for cooking, sanitation, and sleeping, and that is designed for residential occupancy. Buildings with more than one set of facilities for cooking shall be considered multiple Dwelling Units unless the additional facilities are clearly accessory. 1.5 "Effective Date" means the .date on which all persons necessary to sign this Agreement in order for it to be binding on both parties have executed this Agreement as indicated on the signature page(s), unless a specific date is otherwise provided in the "Term" section herein. 1.6. "FCC" means the Federal Communications Commission, or successor governmental entity thereto. 1.7. "Franchise" means the initial authorization, or renewal thereof, issued by the Franchising Authority,. whether such authorization is designated as a franchise, 1 agreement, permit, license, resolution, contract, certificate, ordinance or otherwise, which authorizes the construction and operation of the Cable System. 1.8. "Franchise Agreement" or "Agreement" shall mean this Agreement and any amendments or modifications hereto. 1.9. "Franchise Area" means the present legal boundaries of the Town as of the Effective Date, and shall also include any additions thereto, by annexation or other legal means. 1,10. "Franchising Authority" means the Town. of Firestone or the lawful successor, transferee, designee, or assignee thereof. 1.11. "Grantee" shall mean Comcast of Colorado IV, LLC. 1.12. "Gross Revenue" means the Cable Service revenue derived directly or indirectly by the Grantee from the operation of the Cable System in the Franchise Area .to provide Cable Services, calculated in accordance with generally accepted accounting principles ("GAAP"). Cable Service revenue includes, by way of illustration and not limitation, monthly basic, premium and pay -per -view video fees; advertising and home shopping revenue; installation, disconnection, reconnection and change -in-service fees; Leased Access Channel, late, administrative, and equipment rental fees; Cable Service lease payments from the Cable System; payments or other consideration received by the Grantee from programmers for carriage of programming on the Cable System and accounted for as revenue under GAAP; the fair market value of consideration received by the Grantee for use of the Cable System to provide Cable Service and accounted for as revenue under generally accepted accounting principles; revenues from program guides; additional outlet fees; franchise fees; revenue from the sale or carriage of other Cable Services on the Cable System; revenue from revenue -sharing arrangements. Gross Revenue shall include revenue received by any entity other than Grantee when necessary to prevent erosion or avoidance of the obligation under this Agreement to pay the franchise fees. Gross •Revenue shall not include refundable deposits; bad debt (to the extent consistent with GAAP; provided however, that all or part of any such bad debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected); advertising sales commissions, nor any taxes, fees or assessments imposed or assessed by any governmental authority. The franchise fee is not such a tax. 1.13. "Headend" means any facility for signal reception and dissemination on a Cable System, including cables, antennas, wires, satellite dishes, monitors, switchers, modulators, and processors for broadcast signals. 1.14. "Leased Access Channel" means any channel or portion of a channel commercially available for programming by Persons other than Grantee, for a fee or charge. 2 1.15. "Person" means any natural person or any. association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for -profit or not -for profit, but shall not mean the Franchising Authority. 1.16. "Public Way" shall mean the surface of, and the space above and below, any public street, highway, freeway, bridge, alley, court, boulevard, sidewalk, way, lane, drive, circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or easements dedicated for compatible uses, which shall entitle the Franchising Authority and the Grantee to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable System. Public Way shall also mean any easement now or hereafter held by the Franchising Authority within the Franchise Area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights -of -way as shall within their proper use and meaning entitle the Franchising Authority and the Grantee to the use thereof for the purposes of installing, operating, and maintaining the Grantee's Cable System over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments, and other property as may be ordinarily necessary and pertinent to the Cable System. Public Way does not include public parks and pedestrian trails. 1.17. "Tri-Town Area" means the entire area within the jurisdictional boundaries of the Towns of Firestone and Frederick and the City of Dacono. SECTION 2 - Grant of Authority 2.1. The Franchising Authority hereby grants to the Grantee a nonexclusive Franchise authorizing the Grantee to construct and operate a Cable System in the Public Ways within the Franchise Area, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in any Public Way such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the Cable System, and to provide such services over the, Cable System as may be lawfully allowed. 2.2. Term of Franchise. The term of the Franchise granted hereunder shall be five (5) years, commencing upon the Effective Date of the Franchise, unless the. Franchise is renewed or is lawfully terminated in accordance with the terms of this Franchise Agreement and the Cable Act. 2.3. Renewal. Any renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, as amended. Notwithstanding anything to the contrary set forth in this Section, the Grantee and the Franchising Authority agree that at any time during the term of the then current Agreement, while affording the public appropriate notice and opportunity to comment, the Grantee and the Franchising Authority may agree to undertake and finalize informal negotiations 3 regarding renewal of the then current Agreement, and the Franchising Authority may grant a renewal thereof. 2.4. Reservation of Authority. Nothing in this Franchise Agreement shall (A) abrogate the right of the Franchising Authority to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability promulgated by the Franchising Authority, or (C) be construed as a waiver or release of the rights of the Franchising Authority in and to the Public Ways. 2.5. Police Powers. Grantee's right hereunder are subject to the police powers of the Franchising Authority to adopt and enforce ordinances necessary to the safety, health, and welfare of the public, and Grantee agrees to comply with all applicable laws, ordinances, and regulations enacted pursuant to the police powers of the Franchising Authority, or hereafter enacted in accordance therewith, by the Franchising Authority or any other legally -constituted governmental unit having lawful jurisdiction over the subject matter hereof. Any conflict between the provisions of this Agreement and any other present or future lawful exercise of the Franchising Authority's police powers shall be resolved in favor of the latter. 2.6. Other Franchises; Title to Public_WU. Grantee understands that the Franchise granted herein is subject to prior franchise agreements and subject to all ownerships, easements, and other interests of record applicable to the Public Way. Grantee shall be solely responsible for coordinating its activities hereunder with the holders of such franchise agreements or of such ownerships, easements, or other interests, subject to the Franchising Authority's control and direction of such coordination efforts. The Franchising Authority makes no representations or warranties with respect to its title to the Public Way, and Grantee agrees the Franchising Authority shall have no liability whatsoever concerning such title. SECTION 3 — Construction and Maintenance of the Cable -System 3.1. Permits and General Obligations. The Grantee shall be responsible for obtaining, at its own cost and expense, all generally applicable. permits; licenses, or, other forms of approval or authorization necessary to construct, operate, maintain or repair the Cable System, or any part thereof, prior to the commencement of any such activity. Construction, installation, and maintenance of the Cable System shall be performed in a safe, thorough and reliable manner using materials of good and durable quality, All transmission and distribution structures, poles, other lines, and equipment installed by the Grantee for use in the Cable System in accordance with the terms and conditions of this Franchise Agreement shall be located so as to cause no interference with the proper use of the Public Ways, the rights and reasonable convenience of property owners who own property that adjoins any such Public Way, and the sewers, water pipes, and any other property of the Franchising Authority or any water and/or sanitation district established pursuant to Colorado law, within the Public Way,. and with any other pipes, wires, EI conduits, pedestals, structures, or other facilities that may have been laid in the Public Way prior to Grantee's occupation, under the Franchising Authority's authority. In the event of interference, the Franchising Authority may require removal or relocation of the Grantee's lines, cables, and other appurtenances from the property in question. 3.2. Conditions of Public Way Occupancy_. 3.2.1. _Work in Public Way. All work in the Public Way, including installation, repair or replacement of the Cable System and restoration of disturbed Public Way, shall be undertaken and completed so as to cause minimal interference with the proper use of Public Way and subject to permitting, inspection and approval by an official representative of the Franchising Authority in accordance with then applicable ordinances of the Franchising Authority, provided that such ordinances are consistent with the Franchising Authority's lawful police powers. Grantee reserves the right to challenge the provisions of any such regulation that it believes is inconsistent with applicable law or its contractual rights under this Agreement either now or in the future. 3.2.2. Relocation at Request of Franchising Authorit The Franchising Authority shall have the right to require Grantee to relocate, remove, replace, modify or disconnect Grantee's facilities and equipment located in the Public Way or on any other property of the Franchising Authority in the event of an emergency or when reasonable public convenience requires such change. For example, without limitation, by reason of traffic conditions, public safety, Public Way vacation, Public Way construction, change or establishment of Public Way grade, installation of sewers, drains, gas or water pipes, or any other types of structures or improvements by the Franchising Authority for public purposes. Unless otherwise provided by state or federal law, such work shall be performed at the Grantee's expense. Except during an emergency, the Franchising Authority shall provide written notice to Grantee, not to be less than thirty (30) days, and allow Grantee the opportunity to perform such action. In the event of any capital improvement project exceeding $100,000 in expenditures by the Franchising Authority that requires the removal, replacement, modification or disconnection of any part of the Cable System, the Franchising Authority shall provide at least sixty (60) days written notice to Grantee. Following notice by the Franchising Authority, Grantee shall relocate, remove, replace, modify or disconnect any of its Cable System within any Public Way, or on any other property of the Franchising Authority. If the Franchising Authority requires Grantee to relocate its Cable System located withir the Public Way, the Franchising Authority shall make a reasonable effort to provide Grantee with an alternate location within the Public Way. If funds are generally available to users of the Public Way for such relocation, and to the extent consistent with applicable law and any regulatory requirements governing the use of such funds. Grantee shall be entitled to its pro rata share of such funds. If the Grantee fails to complete this wort: within the time prescribed and to the Franchising Authority's satisfaction, upon providing Grantee at least 10 business days' notice, the Franchising Authority may cause such work to be done and bill the cost of the work to the Grantee, including all costs and expenses incurred by the Franchising E Authority due to Grantee's delay. In such event, the Franchising Authority shall not be liable for any damage to any portion of Grantee's Cable System unless the Franchising Authority acted in a negligent manner. Within thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the Franchising Authority. 3,2.3. Relocation at Request of Third Part. The Grantee shall, upon reasonable prior written request of any Person holding a permit issued by the Franchising Authority to move any structure, temporarily move its wires to permit the moving of such structure; provided (i) the Grantee may impose a reasonable charge on any Person for the movement of its wires, and such charge may be required to be paid in advance of the movement of its wires; and (ii) the Grantee is given not less than tea (10) business days advance written notice to arrange for such temporary relocation. 3.2.4. Movement of Cable System Facilities for Other Franchise Holders and Districts. If any removal, replacement, modification or disconnection of the Cable System is required to accommodate the construction, operation or repair of the facilities or equipment of another entity authorized to use the Public Way, including but not limited to any water and/or sanitation district established pursuant to Colorado Iaw, Grantee shall, after at least thirty (30) days advance written notice, take action to effect the necessary changes requested by the responsible entity. Grantee may require that the costs associated with the removal or relocation be paid in advance by the benefited party at no cost to Grantee or the Franchising Authority except that Grantee shall not require any water and/or sanitation district established pursuant to Colorado law to pay such costs. 3.2.5. Restoration of Public_ Watts. If in connection with the construction, operation, maintenance, or repair of the Cable System, the Grantee disturbs, alters, :or damages any Public Way, the Grantee agrees that it shall at its own cost and expense replace and restore any such Public Way to a condition as good or better than the condition of the Public Way existing immediately prior to the disturbance. The Franchising Authority may, after providing written notice to the Grantee and an opportunity to cure a failure in restoration, or without notice where the excavation, disturbance, or damage may create a risk to public health, safety or welfare, repair, refill or repave any excavation, disturbance or damage. The cost thereof, shall be paid by the Grantee within thirty (30) days of an itemized billing invoice. 3.2.6. Safety Requirements. The Grantee shall; at its own cost and expense, undertake all necessary and appropriate efforts to maintain its work sites in a safe, orderly and workmanlike manner in order to prevent failures and accidents that may cause damage, injuries or nuisances. All excavations made by the Grantee in any Public Way shall be properly safeguarded for the prevention of accidents. All work undertaken on the Cable System shall be performed in substantial accordance with applicable FCC or other federal, state and local regulations. By way of illustration and not limitation, Grantee shall comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. The Cable System n shall not unreasonably endanger or interfere with the. safety of Persons or property in the Franchise Area. 3.2.7. Trimmin of Trees and Shrubber . Upon obtaining a written approval from the Franchising Authority, the Grantee shall have the authority to trim trees or other natural growth overhanging any of its Cable System in the Franchise Area so as to prevent contact with the Grantee's wires, cables, or other equipment, All such trimming shall be done at the Grantee's sole cost and expense and in accordance with generally applicable codes and regulations and current accepted professional tree trimming practices. The Grantee shall be responsible for any damage caused by such. trimming. 3.2.8. Aerial and Underground Construction. (i) All new or upgraded Cable System facilities shall be installed underground unless otherwise provided by the Franchising Authority in writing upon a showing that such underground locations are incapable of .accommodating the Grantee's cable and other equipment without technical degradation of the Cable System's signal quality. In any case where the Grantee has obtained the required written permission from the Franchising Authority not to underground its Cable System, the Grantee shall utilize existing poles whenever possible, and may not construct or install any new, different or additional poles, or other facilities on public property until written approval for the same is granted by the Franchising Authority. (ii) Grantee's existing Cable System facilities, or portions thereof, shall be placed underground when utilities in the same streets place their facilities underground or when required by general ordinances of the Franchising Authority or applicable state or federal law, provided that,such underground locations are actually capable of accommodating the Grantee's cable and other equipment without technical degradation of the Cable System's signal quality. Undergrounding shall be at the Grantee's expense unless otherwise required by applicable law, including C.R.S. § 29-8-101, et seq. (iii) Nothing in this Section shall be construed to require the Grantee to construct, operate, or maintain underground any ground -mounted appurtenances such as customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment. (iv) Related Cable System facilities (such as pedestals, equipment cabinets, etc.) must be placed in accordance with applicable Franchising Authority code requirements and underground utility policies. (v) Nothing herein shall be construed as to waive any rights Grantee may lawfully have for reimbursement of costs related to underground construction. 7 3.2.9. Undergrounding and Beautification Projects. In the event all users of the Public Way relocate aerial facilities underground as part of an undergrounding or neighborhood beautification project, Grantee shall participate in the planning for relocation of its aerial facilities contemporaneously with other utilities. Grantee's relocation costs shall be included in any computation of necessary project. funding by the municipality or private parties. Grantee shall be entitled to reimbursement on .a pro rata basis of its relocation costs from public or private funds raised for the project and made available to other users of the Public Way. 3.2.10. Location of Facilities. (i) Upon the Franchising Authority's request, in connection with the design of any Franchising Authority project,. the Grantee will verify the location of its underground Cable System within the Franchise Area by marking on the surface the location of its underground facilities in accordance with applicable laws. However, when necessary for the actual. construction of any Franchising Authority project, the Franchising Authority may request the Grantee indentify the exact location of its underground Cable System by excavating (e,g., pot holing) at no expense to the Franchising Authority. (ii) Upon the Franchising Authority's written request, the Grantee will provide, at no expense to the Franchising. Authority route maps showing the general location of the Cable System within the Franchise Area. Grantee shall provide the requested documentation within thirty (30) days, or some other period of time as may be agreed upon by both parties. Such information may be deemed confidential ' in accordance with Section 7.9.2. 3.3 Discontinuing Use/Abandonment of Cable System Facilities. Whenever Grantee intends to discontinue using any facility within the Public Way and wishes for the facility to remain in place, Grantee shall submit to the Franchising Authority a complete description of the facility and the date on which Grantee intends to discontinue using the facility. Notwithstanding Grantee's request that any such facility remain in place, the Franchising Authority may require Grantee to remove the facility from the Public Way. Grantee shall complete such removal or modification in accordance with a reasonable schedule set by the Franchising Authority. Until such time as Grantee removes the facility as reasonably directed by the Franchising Authority, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be. responsible for such facility as well as maintenance of the Public Way, in the same manner and degree -as if the facility were in active use. If Grantee abandons its facilities, the Franchising Authority may choose to use such facilities for any purpose whatsoever including, but not limited to, PEG Access purposes. If the Franchising Authority chooses to utilize any such abandoned facilities, Grantee's liability for those facilities shall cease. :a 3.4. Public Way Meetings. Subject to receiving reasonable advance notice, Grantee will regularly attend and participate in meetings of the Franchising Authority regarding Public Way issues that may impact the Cable System. 3.5. Joint TrenchingBor. 3.5.1. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Grantee shall work with other providers, permitees, and franchisees so as to reduce so far as possible the number of Public Way cuts within the Franchising Authority. 3.5.2. The Grantee and the Franchising Authority recognize that situations may occur in the future where the Franchising Authority may desire to place compatible Franchising Authority facilities, including but not limited to, cable or conduit for fiber optic cable in trenches or bores opened. by the Grantee. The Grantee agrees to cooperate with the Franchising Authority in any construction by the Grantee, that involves trenching or boring, provided that the Franchising Authority has first provided reasonable notice to the Grantee in some manner that it is interested in sharing the trenches or bores in the area where the Grantee's construction is occurring. The Grantee shall allow the Franchising Authority to lay compatible facilities, including but not limited to cable, conduit and fiber optic cable in the Grantee's trenches and bores, provided the Franchising Authority bears the incremental costs, if any, of trenching and boring. The Franchising Authority shall be responsible for maintaining its respective cable, conduit and fiber optic cable buried in the Grantee's trenches and bores under this paragraph and shall not interfere with Grantee's restoration of facilities in the same trench. 3.6. Notification. Prior to doing any wort: in the Public Way, Grantee shall give appropriate notices to the Franchising Authority and to the notification association established by C.R.S. § 9-1.5-105, as such may be amended from time to time. If a permit is required, notice to the Franchising Authority shall be considered given when the permit application is made. Grantee shall give reasonable notice to private property owners of construction work in adjacent Public Way. 3.7. Emergency Permits. In the event that emergency repairs to the Cable System are necessary, Grantee shall immediately notify the Franchising Authority of the need for such repairs. Grantee may initiate such emergency repairs, and shall apply for appropriate permits within forty-eight (48) hours after discovery of the emergency. 3.8. Compliance with Construction Codes. Grantee shall comply with all applicable Franchising Authority construction codes, including, but not limited to, the International Building Code, the International Fire Code, the International Mechanical Code, the National Electric Code and other applicable codes adopted by reference now or during the term of this Agreement as well as the zoning codes and regulations of the Franchising Authority. 9 3.9. Under rounding of Multiple Dwelling Unit Drops. In cases of single site multiple dwelling units, Grantee shall minimize the number of individual aerial drop cables by installing multiple drop cables underground between the pole and multiple dwelling unit where determined to be technologically feasible in agreement with the owners and/or owner's association of the multiple dwelling unit. 3.10. Burial Standards. 3.10.1. Depths. Unless otherwise required by the National Electric Code or by law, for any construction on and after the Effective Date, Grantee shall comply with the following burial depth standards except that in no event shall Grantee be required to bury its cable deeper than electric or gas facilities in the same portion of the Public Way: (i) Underground cable drops from the curb shall be buried at a minimum depth of twelve (12) inches, unless a sprinkler system or other construction concerns preclude it, in which case, underground cable drops shall be buried at a depth of at least six (6) inches. (ii) Feeder and trunk lines shall be buried at a minimum depth of twenty-four (24) inches. (iii) Fiber Optic cable shall be buried at a minimum depth of thirty-six (36) inches. 3.10.2. Timeliness. Cable drops installed by Grantee to residences shall be buried within thirty (30) days of initial installation, or at a time mutually agreed upon between the Grantee and the Customer. When freezing surface conditions or other weather conditions prevent Grantee from achieving such timetable, Grantee shall apprise the Customer of the circumstances and the revised schedule for burial, and shall provide the Customer with Grantee's telephone number and instructions as to how and when to call Grantee to request burial of the line if the revised schedule is: not met. 3.11. Prewirig.Any ordinance or resolution of the Franchising Authority which requires prewiring of subdivisions or other developments for electrical and telephone service shall be construed to include wiring for Cable System. 3.12. Inspection of Construction and Facilities. The Franchising Authority may inspect any of Grantee's facilities, equipment or construction at any time upon at least twenty-four (24) hours notice. If an unsafe condition is found to exist, the Franchising Authority, in addition to taking any other action permitted under applicable law, may order Grantee, in writing, to make the necessary repairs and alterations specified therein to correct the unsafe condition by a time reasonably established by the Franchising Authority. The Franchising Authority has the right to correct, inspect, administer 'and repair the unsafe condition and reasonably charge Grantee therefor if 10 Grantee fails to do so after having received reasonable notice and having an opportunity to correct the unsafe condition. 3.13, Stop Work.. On notice from the Franchising Authority that any work is being performed contrary to the provisions of this Agreement, or in an unsafe or dangerous manner as reasonably determined by the Franchising Authority, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the Franchising Authority. The stop work order shall be given in full compliance with requirements of any building codes, laws, ordinances or regulations of the Franchising Authority. 3.14. Work of Contractors and Subcontractors. Grantee's contractors and subcontractors shall be licensed and bonded in accordance with the Franchising Authority's generally applicable ordinances, regulations and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee, Grantee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it; shall ensure that all such work is performed in compliance with this Agreement and other applicable law; and shall be jointly and severally liable for all damages and correcting all damage caused by them.. It is Grantee's responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee's behalf are familiar with the requirements of this Agreement and other applicable laws governing the work performed by them. 13.15. Hazardous Substances. The Grantee shall comply with all applicable State and federal laws, statutes, regulations and orders concerning hazardous substances within the Public Way. Upon reasonable notice to the Grantee, the Franchising Authority may inspect the Grantee's facilities in the Public Ways to determine if any release of hazardous substances has occurred, or may occur, from or related to the Cable System. In removing or modifying the Grantee's facilities as provided in this Franchise, the Grantee shall also remove all residues of hazardous substances thereto. SECTION 4 e Service Obligations and Testing 4.1. General Service Obligation. Whenever the Grantee receives a request for Cable Service from a Customer in an unserved area where there are at least thirty (30) residences per cable mile and within one quarter mile from the portion of Grantee's distribution cable if constructed underground or within one mile from the portion of Grantee's distribution cable if constructed aerially, , the Grantee shall then extend its Cable System to such Customers at no cost to said Customers for the Cable System extension, other than the published Standard Installation fees charged to ail Customers. A Standard Installation is a service drop that does not exceed 125' from the Grantee's tap and is measured as the drop is to be routed taking into account diversions around appurtenances and property boundaries. In areas where there are not at least thirty (30). residences per cable mile, or where a Non -Standard Installation is required, Grantee shall it, make service available to such homes as required in Section 4.2 below. At the Franchising Authority's written request, the Grantee agrees to meet periodically with the Franchising Authority and its citizens to discuss potential expansion to the Cable System and plan for service to impending or recently annexed areas. 4.2. Customer Charges for Extensions of the Cable System. No Customer shall be refused service arbitrarily; however, if an area does not meet the density requirements of Section 4.1 above, the Grantee shall only be required to extend the Cable System to Customer(s) in that area if the Customer(s) are willing to share the capital costs of extending the Cable System. For the purpose of determining the amount of capital contribution in aid of construction to be borne by the Grantee and Customers in the area to which service may be expanded, the Grantee will contribute an amount equal to the construction and other costs per mile multiplied by a fraction whose numerator equals the actual number of Customers per mile and whose denominator equals -thirty (30). Customers who request service hereunder shall bear the remaining cost to extend the Cable System on a pro rata basis. The Grantee may require that payment of the capital contribution in aid of construction borne by such potential Customers be paid in advance. 4.3. Pro rg amming. The Grantee shall offer to all Customers a diversity of video programming services containing at least the following initial broad categories of programming to the extent such categories are reasonably available: (A) Educational programming; (B) Colorado news, weather, and information; (C) General entertainment programming; (D) Children's programming; (E) Arts, culture, and performing arts; (F) Foreign language programming; (G) Sports programming; (H) Science/documentary programming; and (1) National news, weather, 'and information. 4.4. Deletion or Reduction of Broad Programming Categories. Grantee shall not delete or so 'limit as to effectively delete any broad category of programming within its control without the prior written consent of the Franchising Authority. In the event of a modification proceeding under federal law, the mix and quality of Cable Services required by the Agreement on the Effective Date of this Agreement shall be deemed the mix and quality of Cable Services required after such modification. 12 4.5. Parental Control Device. Upon request by any Customer, the Grantee shall provide by sale or lease a parental control or lockout device, traps or filters to enable a Customer to prohibit viewing of a particular cable service during periods selected by the Customer. The Grantee shall inform its Customers of the availability of the lockout device at the time of their initial subscription and upon request. Any device offered shall be at a rate, if any, in compliance with applicable law. 4.6. No Discrimination. The Grantee shall not discriminate or permit discrimination between or among any Persons in the availability of Cable Services or other services provided in connection with the Cable System in the Franchise Area. It shall be the right of all Persons to receive all available services provided on the Cable System so long as such Person's financial or other obligations to the Grantee are satisfied. Nothing contained herein shall prohibit the Grantee from offering bulk discounts, promotional discounts, package discounts, or other such pricing strategies as part of its business practice. 4.7. Customer Network. 4.7.1. Closed Captioning. All closed captioning programming received by the Cable System shall include the closed caption signal so long as the closed caption signal is provided consistent with FCC standards. All local signals received in stereo or with secondary audio tracks (broadcast and PEG Access) shall be retransmitted in those same formats. 4.7.2. Operational Standards. Grantee shall take prompt corrective action if it finds that any facilities or equipment on the Cable System are not operating as expected, or if it rinds that facilities and equipment do not comply with the requirements of this Agreement or applicable law. 4.7.3. Construction Decisions, Grantee's construction decisions shall be based solely upon legitimate engineering or economic feasibility decisions and shall not take into consideration the income level of any particular community within the Franchise Area. 4.8. Standby Power. Grantee shall maintain standby power system supplies, rated for at least two (2) hours duration, throughout the trunk and distribution networks. 4.9. Technical Performance. The technical performance of the Cable System shall meet or exceed all applicable technical standards authorized or required by law, as they may be amended from time to time, regardless of the transmission technology utilized. The Franchising Authority shall have the full authority permitted by applicable law to enforce compliance with these technical standards. 4.10. Emergency Use. Grantee shall provide the Franchising Authority an operating Emergency Alert System ("EAS") in accordance with and as required by the 13 provisions of FCC Regulation Part 11, and as such provision may from time to time be amended. Grantee shall test the EAS as required. by the FCC. Upon request, the Franchising Authority shall be permitted to participate in and/or witness the EAS testing. If the test indicates that the EAS is not performing consistent with FCC requirements, Grantee shall make any necessary adjustment to the EAS, and the EAS shall be retested. 4.11. Continuity of Service Mandatory. 4,11.1. The Grantee shall use reasonable efforts so as to ensure that all Customers receive continuous, uninterrupted Cable Service insofar as their financial and other obligations to Grantee are honored. For the purposes of this subsection, "uninterrupted" does not include short-term outages of the Cable System formaintenance or testing. 4.11.2. In the event of a change of Grantee, or in the event a new Cable Operator acquires the Cable System in accordance with this Agreement, Grantee shall reasonably cooperate with the Franchising Authority, new franchisee or Cable Operator in maintaining continuity of Cable Service to all Customers. During any transition period, Grantee shall be entitled to the revenues for any period during which it operates the Cable System, and shall be entitled to reasonable costs for its services when it no longer operates the Cable System. 4.11.3. Failure of Grantee to operate the Cable System for four (4) consecutive days without prior approval of the Franchising Authority or without just cause shall be considered a material violation of this Agreement. 4.12. Services for the Disabled. Grantee shall comply with the Americans with Disabilities Act and any amendments thereto. SECTION 5 - Fees and Charges to Customers 5.1. Rates and Charges. All rates, fees, charges, deposits and associated terms and conditions to be imposed by the Grantee or any affiliated Person for any Cable Service as of the Effective Date' shall be in accordance with applicable FCC's rate regulations. If the Grantee assesses any kind of fee for late payment, such fee shall comply with applicable law. The Franchising Authority may regulate rates for the provision of Cable Services and equipment as expressly permitted by federal or state law. 5.2. No Rate Discrimination. Grantee's rates and charges shall be nondiscriminatory. Grantee shall apply its rates in accordance with governing law, with identical rates and charges for all Customers receiving identical Cable Services, without regard to race, color, ethnic, or national origin, religion, age, sex, sexual orientation, marital, military, or economic status, or physical or mental disability or geographic location or geographic location within the Franchising Authority. The Grantee shall permit Customers to make any in -residence connections the Customer chooses without 14 additional charge and without penalizing the Customer therefor, If any in -home connection requires service from the Grantee due to signal quality, signal leakage or other factors caused by improper installation of such in -home wiring or faulty materials of such in -home wiring, the Customer may be charged appropriate service charges by the Grantee. Nothing herein shall be construed to prohibit; (i) The temporary reduction of' waiving of rates or charges in conjunction with limited promotional campaigns; (ii) The offering of reasonable discounts to senior citizens or economically disadvantaged citizens; or (iii) The offering of bulk discounts for multiple dwelling units, 5.3. Filing of Rates and Charges. 5.3.1. Throughout the term of this Agreement, Grantee shall maintain on file with the Franchising Authority a complete schedule of applicable rates and charges for Cable Services provided under this Agreement. Nothing in this subsection shall be construed to require Grantee to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns. As used in this subsection, no rate or charge shall be considered temporary if Customers have the ability over a period greater than twelve (12) consecutive months to purchase Cable Services at such rate or charge. 5.3.2. Upon written request of the Franchising Authority, Grantee shall provide a complete schedule of current rates and charges for Leased Access Channels, or portions of such channels, provided by Grantee. The schedule shall include a description of the price, terms, and conditions established by Grantee for Leased Access Channels, SECTION 6 - Customer Service-, Customer Bills and Contracts and Privacy Protection 6.1. Customer Service Standards, The Franchising Authority hereby adopts the customer service standards set forth in Part 76, §76.309 of the FCC's rules and regulations, as amended. The Grantee shall comply in all respects with the customer service requirements established by the FCC. 6.2. Customer Bills. Customer bills shall be designed in such a way. as to present the information contained therein clearly and comprehensibly to Customers, and in a way that (A) is not misleading and (B) does not omit material information, Notwithstanding anything to the contrary in Section 6.1, above, the Grantee may, in its sole discretion, consolidate costs on Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C. §542(c)). 15 6.3. Privacy Protection. The Grantee shall comply with all. applicable federal and state privacy laws, including Section 631 of the Cable Act and regulations adopted pursuant thereto. 6.4. Customer Contracts. Grantee shall not enter into a contract with any Customer that is in conflict with the terms of this Agreement or the requirements of any applicable customer service standards then in use. SECTION 7 - Oversight and Regulation by FranchisinL Authorit 7.1. Franchise Fees. The Grantee shall pay to the Franchising Authority a franchise fee in an amount equal to five percent (5%) of annual Gross Revenues received from the operation of the Cable System to provide Cable Service in the Franchise Area, provided, however that Grantee shall not be compelled to pay any higher percentage of Franchise Fees than any other video service provider providing service in the Franchise Area. The payment of franchise fees shall be made on a quarterly basis and shall be due forty-five (45) days after the close of each calendar quarter. Each franchise fee payment shall be accompanied by a report prepared by a representative of the Grantee showing the basis for the computation of the Franchise Fees paid during that period and detailing all Gross Revenues. Accrual of such franchise fee shall commence as of the Effective Date of this Franchise. In the event any payment due quarterly is not received within forty- five (45) days from the end of the calendar quarter, Grantee shall pay interest on the amount due at the rate of one percent per month. 7.2. Acceptance of_PaLent. No acceptance of any payment from Grantee shall be construed as an accord by the Franchising Authority that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the Franchising Authority may have for further or additional sums payable or for the performance of any other obligation of Grantee. 7.3. Financial Records Subject to Audit. 7.3.1. Upon reasonable prior written notice, and after the Parties execute . a Non -Disclosure Agreement, the Franchising Authority or its designee shall have the right to inspect the Grantee's financial records used to calculate the Franchising Authority's franchise fees or any other amounts payable under this Agreement; provided, however, that the audit period shall not be greater than three (3) years. if the records are not easily accessible at the Grantee's location, Grantee may either provide copies of the records to Franchising Authority or pay the reasonable travel costs of Franchising Authority's representative to view the records at an appropriate location. 7.3.2. In the event of an alleged underpayment, the Grantee shall have thirty (34) days from the receipt of written notice from the Franchising Authority, which notice shall include a copy of the audit findings, to provide the Franchising Authority M with a written response agreeing to or refuting the results of the audit, including any substantiating documentation. Based on these reports and responses, the parties shall agree upon a "Finally Settled Amount." For purposes of this Section, the term "Finally Settled Amount(s)" shall mean the agreed upon underpayment, if any, to the Franchising Authority by the Grantee as a result of any such audit including interest on all underpaid fees at the rate set forth in C.R.S. § 5-12-102, as amended. If the parties cannot agree on a "Finally Settled Amount," the parties shall submit the dispute to a mutually agreed upon mediator within sixty (60) days of reaching an impasse. In the event. an agreement is not reached at mediation, either party may bring an action to have the disputed amount determined by a court of law. 7.3.3. Any "Finally Settled Amount(s)" due to the Franchising.Authority as a result of such audit shall be paid to the Franchising Authority by the Grantee within thirty (30) days from the date the parties agree upon the "Finally Settled Amount." Once the parties agree upon a Finally Settled Amount and such amount is paid by the Grantee, the Franchising Authority shall have no further rights to audit or challenge the payment for that period. The Franchising Authority shall bear the expense of its audit of the Grantee's books and records except if the audit shows that the Franchise Fee payments have been underpaid by five percent (5%) or more,, and such findings are not disputed by the Grantee, the Grantee shall pay the Franchising Authority's audit costs up to five thousand dollars ($5,000). 7.4. Tax Liability. Subject to applicable law, any franchise fees shall be in addition to any and all taxes or other levies or assessments which are now or hereafter required to be paid by businesses in general by any law of the Franchising Authority, the State or the United States including, without limitation, sales, use and other taxes, business license fees or other payments. Payment of any franchise fees under this Agreement shall not exempt Grantee from the payment of any other license fee, permit fee, tax or charge on the business, occupation, property or income of Grantee that may be lawfully imposed by the Franchising Authority. Any other license fees, taxes or charges shall be of general applicability in nature and shall not be levied against Grantee solely because of its status as a Cable Operator, or against Customers, solely because of their status as such. 7.5. Oversight of Franchise. The Franchising Authority shall have the right to, on reasonable prior written notice and in the presence of Grantee's employee, periodically inspect the construction and maintenance of the Cable System in the Franchise Area as necessary to monitor Grantee's compliance with the provisions of this Franchise Agreement. 7.6. Technical Standards. The Grantee shall comply with all applicable technical standards of the FCC as published in subpart K of 47 C.F.R. § 76. To the extent those standards are altered, modified, or amended during the term of this Franchise, the Grantee shall comply with such altered, modified or amended standards within a reasonable period after such standards become effective. The Franchising Authority shall 17 have, upon written request, the right to obtain a copy of tests and records required to be performed pursuant to the FCC's rules. 7.7. Cable System Performance Testing. 7.7.1. Grantee shall, at Grantee's expense, perform the following tests on its Cable System: (i) All tests required by the FCC; and (ii) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time during the term of this Agreement. 7.7.2. At present, required tests include: (i) Cumulative leakage index testing of any new construction; (ii) Semi-annual compliance and proof of performance tests in conformance with generally accepted industry guidelines; (iii) Tests in response to Customer complaints; (iv) Periodic. monitoring tests, at.intervals not to exceed six (6) months, of Customer (field) test points, the Headend, and the condition of standby power supplies; and (v) Cumulative leakage index tests, at least annually, designed to ensure that one hundred percent (100%) of Grantee's Cable System has been ground or air tested for signal leakage in accordance with FCC standards. 7.7.3. Grantee shall maintain written records of all results of its Cable System tests, performed by or for Grantee, in accordance with applicable law. Copies of such test results will be provided to the Franchising Authority upon written request. 7.7.4. All technical performance tests may be witnessed by representatives of the Franchising Authority. If the Franchising Authority notifies Grantee that it wishes to have a representative present during testing of the Cable System, Grantee shall notify. the Franchising Authority when such tests will be performed. 7.7.5. Grantee shall be required to promptly take such corrective measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's failure to correct deficiencies identified through this testing process shall be a material violation of this Agreement. Sites shall be re -tested following correction. IN 7.8. Additional Tests. Where there exists other evidence that in the reasonable judgment of the Franchising Authority casts doubt upon the reliability or technical quality of Cable Service, the Franchising Authority shall have the right and authority to require Grantee to test, analyze and report on the performance of the Cable System. Grantee shall reasonably cooperate with the Franchising Authority in performing such testing and shall prepare the results and a report,. if requested, within thirty (30) days after testing. Such report shall include the following information. (i) The nature of the complaint or problem which precipitated the special tests; (ii) The Cable System component tested; (iii) The equipment used and procedures employed in testing; (iv) The method, if any, in which such complaint or problem was resolved; and (v) Any other information pertinent to said tests and analysis which may be required, as agreed upon by both parties. T9. Maintenance of Books,_ Records_, and Files. 7.9.1. Books and Records. Throughout the term of this Franchise Agreement, the Grantee agrees .that the Franchising Authority may review the Grantee's books and records to monitor Grantee's compliance with the provisions of this Franchise Agreement, upon reasonable prior written notice to the Grantee, at the Grantee's business office, during normal business hours, and without unreasonably interfering with Grantee's business operations. Such notice shall specifically reference the Section of the Agreement that is under review, so that the Grantee may organize the necessary books. and records for easy access by the Franchising Authority. If the books and records are not easily accessible, Grantee may either provide copies of the records to Franchising Authority or choose to pay the reasonable travel costs of the Franchising Authority's representative to view the books and records at the appropriate location. All such documents that may be the subject of an inspection by the Franchising Authority shall be retained by the Grantee for a period of three years. Grantee agrees to meet with a representative of the Franchising Authority upon request to review Grantee's methodology of record keeping, the computing of any franchise fee obligations and other procedures, the understanding of which the Franchising Authority reasonably deems necessary for reviewing reports and records. 7.9.2. Proprietary Information. Notwithstanding anything to the contrary set forth in this Section, the Grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature unless the Parties enter into a Non -Disclosure Agreement, The Franchising Authority agrees to treat any information disclosed by the Grantee as confidential to the extent the Grantee makes the Franchising 19 Authority aware of such confidentiality. The Grantee shall be responsible for clearly and conspicuously identifying the work as confidential or proprietary, and within thirty (30) days of a written request from the Franchising Authority, shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under state or federal law. The Grantee shall not be required to provide' Customer information in violation of Section 631 of the Cable Act or any other applicable federal or state privacy law. For purposes of this Section, the terms "proprietary or confidential" include, but are not limited to, information relating to the Cable System design, customer lists, marketing plans, financial information unrelated to the calculation of franchise fees or rates pursuant to FCC rules, or other information that is reasonably determined by the Grantee to competitively sensitive. Grantee may make proprietary or confidential information available for inspection but not copying or removal by the Franchise Authority's representative. In the event that the Franchising Authority has in its possession and receives a request under a state "sunshine," public records, or similar law for the disclosure of information the Grantee has designated as confidential, trade secret or proprietary, the Franchising Authority shall, so fa.r.as consistent with applicable law, notify Grantee of such request and provide Grantee with a copy of any written request by the party demanding access to such information within a reasonable time. If Grantee believes that the disclosure of such documents by the Franchising Authority would interfere with Grantee's rights under federal or state law, Grantee may institute an action in the Weld County District.Court to prevent the disclosure by the Franchising Authority of such documents. Grantee shall join the, Person requesting the documents to such an action. Grantee shall defend, indemnify and hold the Franchising Authority harmless from any claim or judgment as well as any costs and attorneys fees incurred in participating in such proceeding. 7.10. Performance Evaluation. 7.10.1. Upon receipt of the Franchising Authority's written request, special evaluation sessions may be held at any time during the term of this Franchise, but not more than once per year. Grantee shall attend such evaluation sessions upon the Franchising Authority's request and shall cooperate with the Franchising Authority during such evaluation sessions. 7.10.2. Topics which may be discussed at any evaluation session may include but are not limited to Cable Service rates, franchise fees, free or discounted Cable Services, Customer complaints, privacy, amendments to this Franchise Agreement, judicial and FCC rulings, line extension policies, and the Franchising Authority's or the Grantee's rules, provided, that nothing in this subsection shall be construed as requiring renegotiation of this Franchise Agreement . or any term or provision . herein, or a commitment by Grantee to implement new services. 20 7.11. Complaint File and Reports and Service Interruption Lo . Grantee shall keep an accurate and comprehensive file of any and all complaints it receives regarding the Cable System in the Service Area and Grantee's actions in response to those complaints. Such files shall be kept in a manner consistent with the privacy rights of Customers. Within thirty (30) days of written notice, Grantee shall provide the Franchising Authority a summary which shall include information concerning escalated customer complaints received by Grantee from the Franchising Authority within the time period specified in Grantor's request, but no greater than a one-year period. Grantee shall also maintain an outage log of service interruptions and shall make such log available to the Franchising Authority upon written request. SECTION S — Transfer of Cable System or Franchise or Control of Grantee 8.1. Neither the Grantee nor any other Person may transfer the Cable System or the Franchise without the prior written consent of the Franchising Authority, which consent shall not be unreasonably withheld or delayed. No. transfer of control of the Grantee, defined as an acquisition of 51 % or greater ownership interest in Grantee, shall take place without the prior written consent of the Franchising Authority, which consent shall not be unreasonably withheld or delayed. No consent shall be required, however, for (i) a transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or in the Cable System in order to secure indebtedness, or (H) a transfer to an entity directly or indirectly owned or controlled by Comeast Corporation. Within forty-five (45) days of receiving a request for consent, which such request shall include a completed FCC Form 394 and all required exhibits, the Franchising Authority shall, in accordance with FCC rules and regulations, notify the Grantee in writing of the additional information, if any, it requires to determine the legal, financial and technical qualifications of the transferee or new controlling party. if the Franchising Authority has not taken final action on the Grantee's completed request for consent within one hundred twenty (120) days after receiving such request, consent shall be deemed granted. SECTION 9 - Insurance and Indemnity 9.1. Insurance. Throughout the term of this Franchise Agreement, the Grantee shall, at its own cost and expense, maintain the following coverage and limits of insurance: (A) Worker's Compensation (including occupational disease), and Employer's Liability insurance in accordance with any applicable worker's compensation laws on all owners, employees, servants and/or agents connected with or engaged in the performance of Grantee's obligations hereunder. (B) Commercial General Liability insurance with personal injury and property damage limits at a combined single limit of not less than $1,000,000.00 per occurrence. The policy shall include coverage for bodily injury or death of a person, broad form 21 property damage (including completed operations), explosion and collapse hazard, underground hazard, personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. (C) Automobile Liability insurance on all automobiles and vehicles, whether owned or hired, with personal injury and property damage limits at a combined single limit of not less than $1,000,000.00 per accident. Grantee's liability insurance must establish the Franchising Authority as "additional insured." Grantee's insurance coverage shall be primary insurance with respect to the Franchising Authority, its officers, officials, boards, commissions, employees and duly authorized agents, Any insurance or self-insurance maintained by the Franchising Authority its officers, officials, boards, commissions, employees and duly authorized agents shall be in excess of the Grantee's insurance and shall not contribute to it, provided the occurrence arises out of the Grantee's acts or negligence. A certificate of insurance shall be provided to the Franchising Authority identifying the Franchising Authority as "additional insured" and stating that the policy or policies shall not be canceled or materially changed so as to be out of compliance with these requirements without thirty (30) days' written notice first provided to the Franchising Authority, via certified mail, and ten (10) days' notice for nonpayment of premium. All insurers shall be licensed or approved to do business within the State of Colorado; possess a minimum of A.M. Best's Insurance Guide rating of A- VI or better. If the insurance is canceled or materially altered so as to be out of compliance with the requirements of this subsection within the term of this Franchise, Grantee shall provide replacement coverage. Grantee agrees to maintain continuous uninterrupted insurance coverage, in at Ieast the amounts required, for the duration of this Franchise. 9.2. Indemnification. 9.2.1. General Indemnification. The Grantee shall indemnify, defend and hold harmless the Franchising Authority, its officers, employees, and agents from and against any liability or claims resulting from property damage or bodily injury (including accidental death) or any other claim for injury, damage, loss, liability, cost or expense, including without limitation, copyright infringement, hazardous substances and all other damages that arise out of the Grantee's construction, operation, maintenance or removal of the Cable System or any other act done under this Franchise by or for the Grantee, its officers, authorized agents employees, contractors, or subcontractors, or by reason of any neglect or omission of Grantee or officers, agents, employees, contractor or subcontractor thereof, including, but not limited to, reasonable attorneys' fees and costs, provided that the Franchising Authority shall give the Grantee timely written notice of its obligation to indemnify and defend the Franchising Authority of receipt of a claim or action pursuant to this Section. If the Franchising Authority determines that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the Franchising Authority except as otherwise provided herein. Grantee shall reasonably consult and cooperate with the Franchising Authority while conducting its defense of the 22 Franchising Authority. Notwithstanding the foregoing, Grantee shall not indemnify the Franchising Authority for any damages, liability or claims resulting from the willful misconduct or negligence of the Franchising Authority. 9.2.2. Indemnification for Relocation. Grantee shall indemnify the Franchising Authority for any damages, claims, additional costs or expenses assessed against, or payable by, the Franchising Authority arising out of, or resulting from, Grantee's failure to remove, adjust or relocate any of its facilities in the Public Way in a timely manner in accordance with any relocation lawfully required by the Franchising Authority. 9.2.3. Additional Circumstances. Grantee shall also indemnify, defend and hold the Franchising. Authority, its officers, officials, boards, commissions, authorized agents and employees harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and attorneys' fees or expenses in any way arising out of: ( 1) the lawful actions of the Franchising Authority in granting this Franchise to the extent such actions are consistent with this Franchise and applicable law; and (2) damages arising out of any failure by Grantce to secure consents from the owners, authorized distributors, or licensees/licensors of programs to be delivered by the Cable System, whether or not any act or omission complained of is authorized, allowed or prohibited by this Franchise. 9.2.4, Non -waiver. The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under this Section. 9.2.5. Expenses. If separate representation to fully protect the interests of both parties is necessary, such as arising from E conflict .of interest between the Franchising Authority and the counsel selected by Grantee to represent the Franchising Authority, after all reasonable measures have been taken to prevent the necessity of hiring separate counsel for the Franchising Authority, then the Grantee shall pay all reasonable legal expenses incurred by the Ffanchising Authority in defending itself with regard to any action, suit or proceeding indemnified by Grantee. SECTION 10 System Description and Service 10.1. System Capacity.. During the term of this Agreement, the Grantee's Cable System shall offer a minimum of 85 channels of video programming with satisfactory reception available to its customers in the Franchise Area. 10.2. Service to School Buildings. The Grantee shall provide free "Basic" Cable Service and free installation at one outlet to each public and private school, not including "home schools," located in the Franchise Area within 125 feet of the Grantee's distribution cable. 23 10.3. Service to Governmental and Institutional Facilities. The Grantee shall provide free "Basic" Cable Service and free installation at one outlet to each municipal building, public library and fire station located in the Franchise Area within 125 feet of the Grantee's distribution cable (a "Standard Installation"). "Municipal buildings" are those buildings owned or leased by the Franchising Authority for government administrative purposes, and shall not include buildings owned by Franchising Authority but leased to third parties or buildings such 'as storage facilities at which government employees are not regularly stationed. The Cable Service provided shall not be used for commercial purposes or in public viewing areas. For new hookups, Grantee shall not provide an outlet to such buildings where a non -Standard Installation is required, unless the Franchising Authority or building owner/occupant agrees to pay the cost of the non - Standard Installation. SECTION xl - Enforcement and Termination of Franchise 11.1. Notice of Violation or Default. In the event the Franchising Authority believes that the Grantee has not complied with the material terms of the Franchise, it shall informally notify the Grantee of the matter in writing. If resulting communications, written and/or verbal do not lead to resolution of the problem, it shall formally notify the Grantee in writing with specific details regarding the exact nature of the alleged noncompliance or default ("Notice"). 11.2. Gi antee's Right to Cure or Respond. The Grantee shall have thirty (30) days from the receipt of the Franchising Authority's written Notice: (A) to respond to the Franchising Authority, contesting the assertion of noncompliance or default; or (B) to cure such default; or (C) in the event that, by nature of the default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the Franchising Authority of the steps being taken and the projected date that the cure will be completed; in such case, the Franchising Authority may set a hearing in accordance with Section 11.3. 11.3. Public Hearings. In the event the Grantee fails to respond to the Franchising Authority's Notice or in the event that the alleged default is not remedied within thirty (30) days or the date projected by the Grantee, the Franchising Authority shall schedule a public hearing to investigate the default. Such public hearing shall be held at the next regularly scheduled meeting of the Franchising Authority that is scheduled at a time that is no less than ten (10) business days therefrom. The Franchising Authority shall notify the Grantee in writing of the time and place of such meeting and provide the Grantee with a reasonable opportunity to be heard. 11.4. Enforcement. Subject to applicable federal and state law, in the event the Franchising Authority, after such public hearing, determines that the Grantee is in default of any material provision of the Franchise, the Franchising Authority may: FIN 11.4.1, seek specific performance of any provision that reasonably lends itself to such remedy as an alternative to damages, commence an action at law for monetary damages or seek other equitable relief; or . 11.4.2. in the case of a substantial default of a material provision of the Franchise, declare the Franchise Agreement to be revolted in accordance with the following: (i) The Franchising Authority shall give written notice to the Grantee of its intent. to revoke the Franchise. The Grantee shall have thirty (30) days from the receipt of such notice to object in writing and to state its reasons for such objection. In the event the Franchising Authority has not received a response from the Grantee or upon receipt of the response does not agree with the Grantee's proposed remedy, it may then seek termination of the Franchise at a public hearing. The Franchising Authority shall cause to be served upon the Grantee, at least ten (10) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to request termination of the Franchise. (h) At the designated hearing, the Franchising Authority shall give the Grantee an opportunity to state its position on the matter, present evidence and question witnesses, after which it shall determine whether or not the Franchise shall be terminated. The public hearing shall be on the record and a written transcript shall be made available to the Grantee within ten (10) business days. The decision of the Franchising Authority shall be in writing and shall be delivered to the Grantee by certified mail. The Grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the Franchising Authority upon the administrative record and to modify or reverse such decision as justice may require. (iii) The Franchising Authority may, at its sole discretion, take any lawful action that it deems appropriate to enforce the Franchising Authority's rights under the Agreement in lieu of revocation of the Agreement. 11.5. Technical Violation. The Franchising Authority agrees that it is not its intention to subject the Grantee to penalties, fines, forfeitures or revocation of the Franchise for so-called "technical" breach(es) or violation(s) of the Franchise, which shall include, but not be limited, to the following: 11.5.1. in instances or for matters where a violation or a breach of the Franchise by the Grantee was good faith error that resulted in no or minimal negative impact on the Customers within the Franchise Area; or 11.5.2. where there existed circumstances reasonably beyond the control of the Grantee and which precipitated a violation by the Grantee of the Franchise, or which were deemed to have prevented the Grantee from complying with a term or condition of the Franchise. 25 11.6. No Monetary Recourse Against the Franchising Authority. Grantee shall not have any monetary recourse against the Franchising Authority or its officers, officials, boards, commissions, or employees for any loss, costs, expenses or damages arising out of any provision or requirement of this Agreement or the enforcement thereof, in accordance with the provisions of applicable federal, State and local law. The rights of the Franchising Authority under this Agreement are in addition to, and shall not be read to limit, any immunities the Franchising Authority may enjoy under federal, State or local law. 11.7. Payment on Termination. If this Agreement terminates for any reason, the Grantee shall file with the Franchising Authority within ninety (90) calendar days of the date of the .termination, a statement, certified by an independent certified public accountant, showing the Gross Revenues received by the Grantee since the end of the previous year. Within forty-five (45) days of the filing of the certified statement with the Franchising Authority, the Grantee shall pay any unpaid amounts as indicated. 11.8 Removal. 11.8.1. In the event of the termination, expiration, revocation, or non -renewal of this Franchise, and after all appeals from any judicial determination are exhausted and final, the Franchising Authority may order the removal of the Cable System from the Franchise Area at the Grantee's sole expense within a reasonable period of time as determined by the Franchising Authority. In removing the Cable System, Grantee shall refill at its own expense any excavation that is made by it and shall leave all Public Ways, public places, and private property in as good as condition as that prevailing prior to the Grantee's removal of the Cable System. 11.8.2. If the Grantee fails to complete any required removal to the satisfaction of the Franchising Authority, the Franchising Authority may cause the work to be done, and the Grantee shall reimburse the Franchising Authority for the reasonable costs incurred within thirty (30) days after the receipt of an itemized list of the Franchising Authority's expenses or costs, or the Franchising Authority may pursue any other judicial remedies for collection thereof.. Any expenses incurred in. the collection by the Franchising Authority of such obligation - shall be included in the monies due the Franchising Authority from the Grantee, including reasonable attorney fees, court expenses and expenses for work conducted by the Franchising Authority's staff or agents. .. SECTION 12 — Competitive E uit (A) The Grantee acknowledges and agrees that the Franchising Authority reserves the right to grant one (1) or more additional franchises or other similar lawful authorization to provide Cable Services within the Town; provided, the Franchising Authority agrees that, within ninety (90) days of the Grantee's request, it shall amend this Franchise to include any material terms or conditions that it makes available to the new entrant, or.provide relief from existing material terms or conditions, so as to insure that the regulatory and financial burdens on each entity are materially equivalent. "Material 26 terms and conditions" include, but are not limited to: franchise fees; insurance; System build -out requirements; security instruments; Public, Education and Government Access Channels and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. The parties agree that this provision shall not require a word for word identical franchise or authorization for .a competitive entity so long as the regulatory and financial burdens on each entity are materially equivalent. Video Programming services delivered over wireless broadband networks are specifically exempted from the requirements of this Section. Nothing in this provision shall be construed to limit the Franchising Authority's authority to enter into other cable franchises that the Franchising Authority, in its sole discretion, determines meet the cable related needs and interests of the Franchising Authority. (B) Notwithstanding any provision to the contrary, at any time that a non -wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple Channels of Video Programming within the Franchise Area without a franchise or other similar lawful authorization granted by the Franchising Authority, then Grantee may seek modification as per (A) above, or the term of Grantee's Franchise shall, upon ninety (90) days written notice from Grantee, be shortened so that the Franchise shall be deemed to expire on a date thirty-six (36) months from the first day of the month following the date of Grantee's notice, The Franchising Authority and Grantee shall then enter into proceedings consistent with Section 626 of the Cable Act for renewal of this Franchise. The Franchising Authority and Grantee shall have all rights and obligations provided under Section 626. (C) Notwithstanding any provision to the contrary, should any non -wireless facilities based entity provide Cable Service within the Franchise Area during the term of this Franchise without a franchise granted by the Franchising Authority, then Grantee may assert, at Grantee's option, that this Franchise is rendered "commercially impracticable" and invoke the modification procedures set forth in Section 625 of the Cable Act. SECTION 13 — Public, Educational and Governmental Access Use of a channel position for public, educational and governmental ("PEG") access shall be provided on the most basic tier of service offered by Grantee in accordance with the Cable Act, Section 611, and as further set forth below. "Channel position" means a number designation on the Grantee's channel lineup regardless of the transmission format (analog or digital). Grantee does not relinquish its ownership of or ultimate right of control over a channel by designating it for PEG use. A PEG access user — whether an individual, educational or governmental user — acquires no property or other interest by virtue of the use of a channel position so designated. Grantee shall not exercise editorial control over any public, educational, or governmental use of a channel position, except Grantee may refuse to transmit any public access program or portion of a public access program that contains obscenity, indecency, or nudity. The Franchising Authority may authorize Designated Access Providers to control, operate, and manage 27 the use of the PEG Access Channel made available by Grantee under this Franchise. The Franchising Authority or its designee shall be responsible for developing, implementing, interpreting and enforcing rules for PEG Access Channel use. 13,1. PEG. Access. A "PEG Access Channel" is a channel. designated for noncommercial use by the Franchising Authority for public, educational, and/or government use. Grantee shall designate one (1) channel for PEG video programming to be used by the Franchising Authority and the municipalities in the Tri-Town Area. Unused time on the channel may be utilized by Grantee subject to the provisions for "fallow time" below. 13.2. Grantee Use of Fallow Time. Because blank or under utilized PEG channels are not in the public interest, in the event the Franchising Authority or other PEG access user elects not to fully program its channel, a Grantee may program unused time on those channels subject to reclamation by the Franchising Authority upon no less than 60 days notice. 13.3. Indemnification, To the extent permitted by law, the Franchising Authority shall indemnify Grantee for any liability, loss, or damage it may suffer due to violation of the intellectual property rights of third parties or arising out of the content of programming shown on any PEG Access Channel. The Franchising Authority shall require its Designated Access Provider(s) indemnify Grantee for any liability, loss, or damage it may suffer due to violation of the intellectual property rights or copyright infringement of third parties on any Access Channel on which that Designated Access Provider is involved in programming or operations. 13.4. Notice of Changes. If Grantee makes changes to its Cable System that necessitate modifications to PEG Access signal transmission facilities and .equipment (including but not limited to the upstream paths), Grantee shall provide reasonable advance notice of such changes to the Franchising Authority and shall provide, at Grantee's expense, any additional or modified facilities or equipment necessary to implement such modifications within a reasonable time period prior to the date that the system changes are to be made in a manner that, to the extent possible, minimizes disruption to the operation of the PEG Access Channel. 13.5. Channel Identification/Location/Relocation/Bill Insertions. 13.5. L The Grantee will use reasonable efforts to minimize the movement of PEG Access Channel assignments. The Grantee shall provide the Franchising Authority a minimum of sixty (60) days notice prior to any relocation of any PEG Access Channel, unless the change is required by federal law, in which case the Grantee shall give the Franchising Authority the maximum notice possible. Grantee shall reimburse the Franchising Authority for any costs incurred for any promoting, marketing, advertising and notice of the Channel change up to two thousand dollars ($2,000) so long as the relocation was a requirement of Grantee. 13.5.2. The Grantee, upon sixty (60) days written request, shall provide the Franchising Authority the opportunity to include two (2) PEG Access Channel bill insertions and up to two (2) PEG Access Channel bill messages per year. Bill messages are subject to printing space limitations, The Franchising Authority or its Designated Access Provider shall be responsible for the costs of printing its bill insertion, the cost of inserting the information into the Grantee's bills and for any incremental postage costs. Bill insertions must conform to the Grantee's reasonable mailing requirements. The Grantee shall be provided an opportunity to review and in its reasonable discretion, approval all PEG Access bill insertions and messages. 13.6. Support for PEG Access Capital Costs. 13.6.1. The Franchising Authority shall have the option to require Grantee to provide to the Franchising Authority a "PEG Contribution" in an amount of up to fifty cents ($.50) per month per Residential Customer (those not billed on a bulk basis) for PEG Access, or such lesser amount if authorized by the Franchising Authority. If the Franchising Authority elects to require a PEG contribution, it shall give Grantee ninety (90) days written notice and such PEG contributions shall begin to accrue within that ninety (90) day time frame. The Grantee shall not be responsible for collecting or paying the PEG Contribution with respect to gratis or complimentary accounts. The Grantee may recover this amount to the extent and in a manner provided for in federal regulations, and Franchising Authority may use the PEG Contribution in a manner consistent with federal law. Such payments are to be made quarterly on the same schedule as franchise fees. 13.6.2. Upon written request from Grantee, the Franchising Authority . shall provide Grantee with public documents it maintains in the regular course of the Franchising Authority's business, consistent with the Colorado Open Records Act, which documents the use of the funds provided to the Franchising Authority, 13.7. Technical Quality, Grantee's Cable System shall be maintained so that all PEG Access Channels are provided at a level of technical quality and reliability consistent with FCC Technical Standards and all other applicable laws, rules and regulations for Customer channels. Grantee shall provide routine maintenance and shall repair and replace all transmission equipment, including modulators, associated cable and equipment necessary to carry a quality signal to the Franchising Authority's facilities unless the equipment is damaged by the Franchising Authority. All assigned PEG Access Channels can be used to transmit programming in any format which is technically compatible with the Cable System. 13.8. PEG Access Cooperation. The Franchising Authority may designate any other jurisdiction in the Tri-Town area which has entered into an agreement with Grantee or an affiliate of Grantee to receive any PEG Access benefit due the Franchising Authority hereunder, or to share in the use of PEG Access services, facilities, equipment or Channel operations hereunder. 29 SECTION 14 - Miscellaneous Provisions 14.1. Force Ma'eure, The Grantee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the Franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, failure of utility service necessary to operate the Cable System, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the Grantee's ability to anticipate or control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which the Grantee's cable or equipment is attached, as well as unavailability of materials or qualified labor to perform the work necessary. 14.2. Notice. All notices shall be in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows: To the Franchising Authority: Town of Firestone 151 Grant Avenue P. O. Box 100 Firestone, CO 80520 ATTN: Town Manager To the Grantee: Comcast of Colorado 1V, LLC 434 Kimbark Street Longmont, CO 80501 with a copy to: Comcast Cable Attn.: Government Affairs Department 8000 East Iliff Avenue Denver, CO 80231 14.3. Entire Agreement. This Franchise Agreement, including all Exhibits, embodies the entire understanding and agreement of the Franchising Authority and the 30 Grantee with respect to the subject matter hereof and supersedes all prior understandings, agreements and communications, whether written or oral. All ordinances or parts of ordinances that are in conflict with or otherwise impose obligations different from the provisions of this Franchise Agreement are superseded by this Franchise Agreement, 14.4. Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Franchise Agreement is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. 14.5. Governing Law; Venue. This Franchise :Agreement shall be deemed to be executed in the State of Colorado, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Colorado, as applicable to contracts entered into and performed entirely within the State. The venue for any dispute related to this Franchise shall be in the United States District Court for the District of Colorado or in the Weld County District Court. 14.6. Modification. No provision of this Franchise Agreement shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the Franchising Authority and the Grantee, which amendment shall be authorized on behalf of the Franchising Authority through the adoption of an appropriate resolution or order by the Franchising Authority, as required by applicable law. 14.7. No Third -Party Beneficiaries. Nothing in this Franchise Agreement is intended to confer third -party beneficiary status on any member of the public to enforce the terms of this Franchise Agreement, 14.8, No Waiver „of Rights. Nothing in this Franchise Agreement shall be construed as a waiver of any rights, substantive or procedural, Grantee may have under federal or state law unless such waiver is expressly stated herein. 14.9. Costs to be Borne by Grantee. The Grantee shall pay for all costs of publication of this Franchise and. the ordinances necessary to its adoption.. 14.10. Reasonableness of Consent or Approval. Whenever under this Agreement "reasonableness" is the standard for the granting or denial of consent or approval of either party hereto, such party shall be entitled to consider public and governmental policy, moral and ethical standards as well as business and economic considerations. 14.11. No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall, either party act toward third parties or the public in any manner that would indicate such relationship with the other. 31 14.12. Preferential or Discriminatory Practices Prohibited. Throughout the term of this Agreement, Grantee shall fully comply with all equal employment or non- discrimination provisions and requirements of federal, State : and local laws, and in particular, FCC rules and regulations relating thereto. and will require its contractors and subcontractors to comply with same. IN WITNESS WHEREOF, this Franchise Agreement has been executed by the duly authorized representatives of the parties as . set forth below, as: of this ! 3 4" day of JCL nuu r y 200 1 Town of Firestone, B y,n'� Name: Ue r- Its: a V Q r Comeast of Colorado IV, LC: By: Timothy Nester Name: SVp ^ Finance and Accounting Title: t f Z'1lfU 32 ORDINANCE NO. 7 9 AN EMERGENCY ORDINANCE OF THE TOWN OF FIRESTONE AMENDING TITLE 5 OF THE FIRESTONE MUNICIPAL CODE CONCERNING MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS AND MEDICAL MARIJUANA - INFUSED PRODUCTS MANUFACTURING WHEREAS, C.R.S. § 12-43.3-106 of the Colorado Medical Marijuana Code specifically authorizes the governing body of a municipality to "vote to prohibit the operation of medical marijuana centers, optional premises cultivation operation's, and medical marijuana -infused products manufacturers' licenses"; and WHEREAS, C.R.S. § 12-43.3-310 of the Colorado Medical Marijuana Code specifically authorizes a municipality "to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infiised products manufacturers' licenses"; and WHEREAS, pursuant to its authority in the Colorado Medical Marijuana Code and other applicable statutes, including but not limited to, the Local Government Land Use Control Enabling Act, C.R.S. § 29-20-101, et sec..; C.R.S. § 31=23-101, et sec. (municipal zoning powers); C.R.S. §§ 31-15-103 and -401 (municipal police powers); and C.R.S. § 31-15-501 (municipal authority to regulate businesses), the Board of Trustees adopted Ordinance No. 759 on August 12, 2010, which prohibited medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturing within the Town; and WHEREAS, the Board of Trustees desires to amend Title 5 of the Firestone Municipal Code to include an express prohibition on medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturing in the section of the Firestone Municipal Code concerning business regulations; and WHEREAS, the Board of Trustees herewith finds, determines and declares that this ordinance is necessary to the immediate preservation of the public health, safety, and welfare to resolve any uncertainty about the prohibition on medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturing within the Town that the Board of Trustees previously adopted; therefore, the Board of Trustees herewith further finds, determines and declares that it is necessary for this ordinance to take effect immediately upon adoption, provided the same has been adopted and signed by the Mayor and approved by three - fourths of the entire Board of Trustees; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF .THE TOWN OF FIRESTONE, COLORADO: Section 1. Title 5 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 5.10 to read as follows: Chapter 5.10 Medical Marijuana Businesses 1 Sections: 5.10.010 Definitions. 5.10,020 Medical marijuana businesses prohibited. 5.10.030 Patients and primary caregivers. 5.10.040 Penalty for violation; injunctive relief. 5.10.010 Definitions. The following words, terms and phrases, -when used in this Chapter, shall have the meaning ascribed to them in this section, except where the context clearly requires a different meaning: A. "Medical marijuana" means marijuana that is grown and sold for a purpose authorized by Article XVIII, § 14 of the Colorado Constitution. B. "Medical marijuana center," "medical marijuana -infused products manufacturer," and "optional premises cultivation operation" shall have, the same meanings as set forth in the Colorado Medical Marijuana Code, Title 12, Article 43.3, C.R.S., as the same may be amended from time to time. C. "Patient" has the meaning set forth in Article-XVIII, § 14(1)(c) of the Colorado Constitution. D. "Primary caregiver" has the meaning set forth in Article XVIII, §14(1)(0 of the Colorado Constitution. 5.10.020 Medical marijuana businesses prohibited. It is unlawful for any person to operate, cause to be operated or permit to be operated in the Town a medical marijuana center, an optional premises cultivation operation, or a business as a medical marijuana -infused products manufacturer. 5.10.030 Patients and primary caregivers. Nothing in this chapter shall be construed to prohibit, regulate or otherwise impair the protections of the use of medical marijuana by patients as provided in Article XVIII, § 14 of the Colorado Constitution, or the provision of medical marijuana by a primary caregiver to a patient in accordance with Article XVIII, § 14 of the Colorado Constitution, Title 12, Article 43.3, C.R.S., C.R.S. § 25-1.5-106, and the rules promulgated thereunder. 5.10.040 Penalty for violation; injunctive relief. 2 A. Any person who violates any provision of this Chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. Each act or omission in violation of one or more of the provisions of this Chapter shall be deemed a separate violation for each and every day that such act(s) or omissions(s) occur. B. The operation of a medical marijuana center, an optional premises cultivation operation, or a business as a medical marijuana -infused products manufacturer is required in violation of the terms of this ordinance may be enjoined by the Town in an action brought in a court of competent jurisdiction. Section 2. If any portion of this ordinance is held to be invalid for any reason, such - decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have 'passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 27th day of January, 2011. TOWN OF FIRESTONE, COLORADO ..� r Ai - Chad Auer, Mayor ATTEST: r r N 1 eo -.w 3 ORDINANCE NO. 7 0 AN ORDINANCE OF THE TOWN OF FIRESTONE AMENDING TITLE 17 OF THE FIRESTONE MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS AND MEDICAL MARIJUANA - INFUSED PRODUCTS MANUFACTURING IN THE TOWN WHEREAS, the Board of Trustees of the Town of Firestone adopted Ordinance No. 724 on October 9, 2009, which amended Title 17 of the Firestone Municipal Code and Chapter 15 of the Firestone Development Regulations to regulate medical marijuana dispensaries; and WHEREAS, the Board of Trustees adopted Ordinance No. 732 on January 28, 2010, which established a temporary moratorium until July 15, 2010 on the acceptance, processing, or issuance of applications or requests for business licenses, building permits, and certificates of occupancy for medical marijuana dispensaries; and WHEREAS, during the pendency of Ordinance No. 732, the Colorado Legislature adopted legislation which in pertinent part added a new Article 43.3 to Title 12 of the Colorado Revised Statutes, to be known as the Colorado Medical Marijuana Code; and WHEREAS, the Board of Trustees adopted Ordinance No. 750 on June 10, 2010, which extended the temporary moratorium on the acceptance, processing, or issuance of applications or requests for business licenses, building permits, and certificates of occupancy for medical marijuana dispensaries until March 1, 2011; and WHEREAS, the Board of Trustees adopted Ordinance No. 768, as an emergency ordinance, on January 27, 2011, which amended Title 5 of the Firestone Municipal Code to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturing within the Town; and WHEREAS, C.R.S. § 12-43.3-106 specifically authorizes the governing body of a municipality to "vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturers' licenses;" and WHEREAS, C.R.S. § 12-43.3-310 specifically authorizes a municipality "to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturers' licenses ... based on local government zoning, health, safety, and public welfare laws for the distribution of medical marijuana;" and WHEREAS, C.R.S. § 12-43.3-308(1)(c) also provides that the state and local licensing authorities shall not receive or act upon a new application "for a location in an area where the cultivation, manufacturer, and sale of medical marijuana as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county;" and WHEREAS, the Board of Trustees has carefully considered Article XVIII, § 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, and the secondary effects of medical marijuana centers, optional premises cultivation operations, and medical infused products manufacturing on the health, safety and welfare of the Town and its inhabitants, and has determined, as an exercise of its local land use authority, that such medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturing should be prohibited land uses in the Town; and WHEREAS, the Board of Trustees recognizes the protections afforded by Article XVIII, § 14 of the Colorado Constitution, and affirms the ability of patients and primary caregivers to otherwise be afforded the protections of Article XVIII, § 14 of the Colorado Constitution and C.R.S. § 25-1.5-106; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the Board of Trustees. Section 2. Chapter 17 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 17.60 to read as follows: Chapter 17.60 Medical Marijuana Sections: 17.60.010 Intent, authority, and applicability. 17.60.020 Definitions. 17.60.030 Medical- marijuana businesses prohibited. 17,60.040 Patients and primary caregivers. 17.60.050 Penalty for violation;'injunctive relief. 17.60.010 Intent, authority and applicability. A. Intent. It is the intent of this Chapter to prohibit certain land uses related to medical marijuana in the Town, and in furtherance of its intent, the Board of Trustees makes the following findings: 1. The Colorado Medical Marijuana Code, C.R.S. § 12-43.3- 101, et seg., clarifies Colorado law regarding the scope and extent of Article XVIII, § 14 of the Colorado Constitution. 2. The Colorado Medical Marijuana Code specifically authorizes the governing body of a municipality to "vote to prohibit the operation of medical marijuana centers, optional premises cultivation 2 operations, and medical marijuana -infused products manufacturers' licenses." 3. The Colorado Medical Marijuana Code specifically authorizes a municipality "to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana - infused products manufacturers' licenses based on local government zoning, health, safety, and public welfare laws for the distribution of medical marijuana." 4. Based on careful consideration of the Colorado Medical Marijuana Code, Article XVIII, § 14. of the Colorado Constitution, and the potential secondary effects of the cultivation and dispensing of medical marijuana, and the retail sale, distribution, and manufacturing of medical marijuana -infused products, such land uses have an adverse effect on the health, safety and welfare of the Town and its inhabitants. B. Authority. The Town'.s authority to adopt this Chapter is found in: the Colorado Medical Marijuana Code, C.R.S. § .12-43.3-101, et sea.; the Local Government Land Use Control Enabling Act, C.R.S. § 29-20-101, et seq.; C.R.S. § 31-23-101, et seq. (municipal zoning powers); C.R.S. § 31-15-103 and § 3I-15- 401 (municipal police powers); and C.R.S. § 31-.15-501 (municipal authority to regulate businesses). C.. Applicability. This Chapter shall apply to all property, businesses, and business enterprises operating within the Town, whether stationary, mobile, or virtual. 17.60.020 Definitions. 'The following words, terms and phrases; when used -in this Chapter, shall have the meaning ascribed to them in this section, except where the context clearly requires a different meaning: A. . "Medical marijuana" means marijuana that is grown and sold for a purpose authorized by Article XVIII, § 14 of the Colorado Constitution. B. "Medical marijuana center," "medical marijuana-infiised products manufacturer," and "optional premises cultivation operation" shall have the same - meanings as set forth in the Colorado Medical Marijuana Code, Title 12, Article 43.3, C.R.S., as the same may be amended from time to time. . C. "Patient" has the meaning set forth in Article XVIII, § 14(1)(c) of the Colorado Constitution. 3 D. "Primary caregiver" has the meaning set forth in Article XVIII, § 14(1)(f) of the Colorado Constitution. 17.60.030 Medical marijuana businesses prohibited. The use of property as a medical marijuana center, optional premises cultivation operation, or a medical marijuana -infused products manufacturer are all land uses prohibited in any zoning district; including in any PUD zone district or PUD overlay district. 17.60.040 Patients and primary caregivers. Nothing in this Chapter shall be construed to prohibit, regulate or otherwise impair the protections of the use of medical marijuana by patients as provided. in Article XVIII, § 14 of the Colorado Constitution, or the provision of medical marijuana by a primary caregiver to a patient in accordance with: Article XVIII, § 14 of the Colorado Constitution; Title 12, Article 43.3, C.R.S.; C.R.S. § 25-1.5-106; and the rules promulgated thereunder. 17.60.050 Penalty for violation; injunctive relief. A. Any person who violates any provision of this Chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. Each act or omission in violation of one or more of the provisions of this Chapter shall be deemed a separate violation for each and every day that such act(s) or omissions(s) occur. B. The operation of a medical marijuana center, an optional premises cultivation operation, or a business as a medical marijuana -infused products manufacturer in violation of the terms of this Chapter may be enjoined by the Town in an action brought in a court of competent jurisdiction. Section 3. On the effective date of this ordinance, Ordinance Nos. 724, 732, 750 and 759 and Resolution No. 09-30 are hereby repealed in their entirety. Section 4. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 5. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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 4 judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED- IN FULL this 24th day of FEBRUARY, 2011. TOWN OF FIRESTONE, COLORADO , Chad Auer, Wayor ATTEST: ORES T� J�6H�egword, Tow6tlerk _ s 4 ORDINANCE NO. =D AN ORDINANCE AMENDING SECTION 6.12.010 OF THE ' FIRESTONE MUNICIPAL CODE AND ADDING A NEW CHAPTER 6.14 AND A NEW SECTION 17.28.070 TO THE FIRESTONE MUNICIPAL CODE TO PERMIT THE KEEPING OF BACKYARD CHICKEN HENS WITHIN CERTAIN AREAS OF THE TOWN, AND ADOPTING RELATED REGULATONS WHEREAS, the Board of Trustees has previously adopted an ordinance codified at Section 6.12.010 of the Firestone Municipal Code making it unlawful for any person to maintain or keep any chickens within the Town; and WHEREAS, the Board of Trustees desires to am; nd the Code to allow backyard chicken hens to be kept in chicken coops on single-family residential parcels subject to permitting and compliance with specific regulations; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO- Section 1. Section 6.12.010 of the Firestone Municipal Code is hereby amended to read as,follows (words to be deleted are shown in strikee t ; words to be added. are underlined): 6.12.010 Prohibited animals. It is unlawful for any person to maintain or keep any cattle, sheep, goats, hogs, rabbits, ehiekerrs-roosters, ducks, geese, horses or other livestock, wildlife or fowl within the town. The keeping of such animals within the town is declared to be a nuisance. Notwithstanding the foregoing, backyard chicken hens may be kept on single-family residential parcels within areas zoned R-1, R-2; R-5, PUD R-A or_PUD_R-B, subject to permitting and to compliance with the regulations set forth in chapter 6.14 of this code, and other applicable town requirements. Section 2. Title 6 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 6.14 to read as follows: Chapter 6.14 Backyard Chicken Hens Sections; 6.14.010 Keeping of Backyard Chicken Hens. 6.14.020 Permit required. 6.14.030 Violations. 1 6.14.010 Keeping of Backyard Chicken Hens. A. Backyard chickens hens may be kept only on single-family residential parcels within areas zoned R-1, R-2, R-5, PUD R-A or PUD R-B, subject to permitting and compliance with all of the following requirements: 1. No more than four chicken hens are permitted per parcel. For purposes of this chapter, a parcel is a lot or tract of land having as its sole primary use a detached single-family dwelling. 2. Backyard chicken hen facilities shall meet all of the following requirements: a. Chicken hen facilities shall include a coop and runway that are fully enclosed and adequately designed and constructed to prevent escape of chicken hens and entry by predators. b. Coops shall be constructed with a solid top. c. Chicken hen facilities shall provide access to adequate and fresh water at all times in a manner to prevent the water from freezing. d. The chicken hen facilities, including coop space and run, shall be limited to a maximum of 60 square feet. e. The chicken hen facilities shall provide at least four square feet of space per chicken hen. f. Coops shall be no taller than seven feet at the highest point of the roof g. Chicken hen facilities shall be located in the rear or backyard of the parcel. Chicken hen facilities shall not be located between the rear of the structure and the front yard lot line. No chicken hens shall be permitted within any other portion of a parcel. h. Chicken hen facilities shall be at least six feet from any other structure and at least six feet from any side or rear property line. 3. All coops and runs shall be regularly cleaned and maintained to control dust, odor, and waste and to prevent the facilities from constituting a nuisance, safety hazard, or health problem to surrounding properties. 4. All waste materials shall be properly disposed of and not allowed to accumulate on the property. 5. Chicken feed must be stored in a resealable, airtight, metal, ratproof container to discourage attracting mice, rats, and other vermin. 0 6. Slaughtering of chicken hens is prohibited. 7. Dead animal carcasses shall be properly disposed of within 24 hours. 8. At such time chicken hens are no longer kept upon the parcel, all chicken facilities shall be removed within thirty (30) days and the permit shall be returned to the Town. 9. The chicken hens must be protected from predators by being closed in the chicken house from dusk to dawn. 10. The chicken hens must be sheltered or confined in such fashion as to prevent them from coming into contact with wild ducks or geese or their excrement, 11. The requirements of this section are minimum requirements and do not affect any private controls, including any more stringent regulations or prohibitions contained in private covenants. 6.14.020 Permit required. Any person keeping chicken hens pursuant to this chapter must first have been issued a pen -nit by the town, the application for which shall be made available by the Town Clerk The Town Clerk shall assess an application fee of thirty dollars ($30.00) for each application received under this chapter. 6.14.030 Violations. A. Any person who violates any provision of this chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person shall be a separate offense. B. A permit issued pursuant to section 6.14.020 may be revoked by the Town Clerk upon the conviction of the permit holder of a violation of this chapter, or upon the permit holder's entry of a plea of guilty to a violation of this chapter. C. Chicken hens and/or chicken hen facilities that are not kept or maintained in conformance with the requirements of this chapter shall be deemed a public nuisance and the owner or custodian shall be given thirty (30) days to rectify the conditions creating a public nuisance. If the owner or custodian has not rectified the conditions within 30 days of the date notice is provided, the Town may abate the nuisance as provided in chapter 8.18 of this code. D. The Town shall have the authority to seize, impound and dispose of any chicken hens found at large within the Town's limits. Such seizure, impoundment and disposal shall not require notice to any owner or keeper, nor any attempt to locate the owner thereof. E. The remedies contained in this section are cumulative and are in addition to all other remedies available to the Town. Section 3. Chapter 17.28 of the Firestone Municipal Code is hereby amended by the addition of a new section 17.28.070 to read as follows: 17.28.070 Backyard Chicken Hens, Backyard chicken hens may be kept as an accessory use on single-family residential parcels within areas zoned R-1, R-2, R-5, PUD R-A or PUD R-B, subject to permitting and to compliance with the regulations set forth in chapter 6.14 of this code, and other applicable town requirements. Section 4. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. 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. Section b. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this cMA day of t , 2011. TOWN OF FIRESTONE, COLORADO Chad Auer Mayor n Attest: Judy Hegwood Town Clerk ORDINANCE NO. f AN ORDINANCE AUTHORIZING AND DIRECTING THE TOWN CLERK TO ISSUE TEMPORARY PERMITS WHEREAS, pursuant to C.R.S. § 12-47-303(2); the Town of Firestone Local Licensing Authority has, discretionary authority to issue a prospective liquor license transferee a temporary permit to conduct business and sell alcohol beverages at retail in accordance with the terms of the existing license of the transferor; and .WHEREAS, C.R.S. § 12-47-303(3) establishes certain conditions for the issuance of a temporary permit and operation thereunder, and C.R.S. § 12-47-303(4) provides that a temporary permit, if granted by the Local Licensing Authority, shall be issued within five working days of receipt of the application for the same; and WHEREAS, the Board of Trustees finds that holding a properly noticed public meeting at which to act upon an application for temporary permit within five working days of the receipt of an application will create a scheduling hardship for the Town; and WHEREAS, the Board of Trustees, as the .Local Licensing Authority, desires to grant requests for temporary pennits provided the statutory criteria outlined in C.R.S. § 12-47-303(3) have been met;. and WHEREAS, the Board of Trustees finds that it is in the best interests of the Town and applicants for temporary permits for the Town Clerk, as Secretary of the Local Licensing Authority, to issue temporary permits within five days of receipt of an application for the same, provided all statutory requirements have been met; NOW, THEREFORE, BE IT ORDAINED BY -THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO- Section 1. Section 5.08.120 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strisken 4ipouo): 5.08.120 Administrative action on application for renewal_ temporary ep rmit. A. The Secretary of the Local Licensing Authority is authorized on behalf of the Authority to approve an application for liquor license renewal except where, upon reasonable investigation or evidence, the Secretary believes there may exist good cause for denial of such application pursuant to Section 1247-103(9)(b), C.R.S., in .which case the Secretary shall refer such application to the Local Licensing Authority, and a hearing thereon shall beheld in accordance with Section 5:08.020 of this Chapter. B. The Secretary of the Local Licensing Authority is authorized and directed on behalf of the Authority to issue temnoraa permits within five working days of receipt of an application for the same rovided the a licant has coLhlied with all statutory requirements for a temporaryyernut as identified in Section'12-47- 303, C.R.S. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the 'validity of the remaining portions of this ordinance. The Board of Trustees hereby declares thatit would have passed this ordinance, and each part hereof irrespective of the fact that any one part be declared invalid. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of tZ dua r l 2011. TOWN OF FIRESTONE, COLORADO Chad Auer, yor ATTEST: �,.0 TOWN J Hegw d, Town erk io(SEAL p � ��Q 11131l109:54 AM.(macjSlFirestone'Orcliilimce/Teinp.Pennils Clerk.ord 2 47 ORDINANCE NO. 7 7a2-- AN ORDINANCE AMENDING CHAPTERS 8.12 AND 8.16 OF THE FIRESTONE MUNICIPAL CODE TO REVISE CERTAIN TOWN REGULATIONS REGARDING THE CUTTING OF WEEDS AND BURNING OF IRRIGATION DITCHES WITHIN THE TOWN WHEREAS, the Board of Trustees has previously adopted regulations requiring the cutting of weeds within the Town, including regulations codified at Chapter 8.16 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees desires to amend such regulations to remove certain types of vegetation from the cutting requirement and to provide that, upon Town authorization, the cutting of weeds on larger tracts of vacant land can be limited to areas adjacent to property lines, street improvements and oil and gas wells and facilities; and WHEREAS, the Board of Trustees desires to amend the Town's regulations concerning the burning of irrigation ditches to require that authorization be obtained from the fire district prior to burning and that the burning comply with any applicable state regulations; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection D of Section 8.12.020 of the Firestone Municipal Code is hereby amended, and said Section is further amended by the addition of a new Subsection E, to read as follows (words to be deleted are shown in str4ke&u ; words to be added are underlined): 8.12.020. Waste material —Removal required —Burning prohibited. D. It is unlawful for any person, corporation or entity owning, occupying or managing any lot, tract or parcel of land within the town'to burn or allow the burning of waste materials, the removal of which is required by this section. The &r-egeing prohibition shall fiet apply to the btffniag of un4feated iiu..d oFWE .-i to l..,rnrag sha4 at Ao +o —he fii«o .ae & +,�... nt c:vLunin`� i, E. The prohibition set forth in subsection D of this section shall not aply to the burning of untreated wood in a fire lace or to the burning of operating irrigation ditches,__but any person who intends to burn an operating irrigation ditch shall provide notice to the fire district and receive the fire district's authorization prior to burning_A copy of the fire district's authorization shall be provided to the town prior to the commencement of burning. Further, any person engaging in such burning shall comply with any applicable State laws and regulations concerning open burning, including but not limited to any requirement to obtain an open burning permit from the Colorado Department of Public Health and Environment. If such a permit is required, a copy of said permit shall be provided to the town prior to the commencement of burning. Section 2. Subsection B of Section 8.16.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in seeut; words to be added are underlined : 8.16.010 Definitions. When used in this chapter, the following words are defined in addition to their common usage, as set forth below: B. "Grass" means turf grass and other herbage in general, especially nonwoody vegetation. Section 3. Section 8.16.010 of the Firestone Municipal. Code is hereby amended by the addition of new Subsections 8.16.010.H, I, and J, to read as follows (words to be added are underlined): 8.16.010 Definitions. When used in this chapter, the following words are defined in addition to their common usage, as set forth below: H. "Ornamental Grass" „ means grasses generally considered in the landscaping industry in this region to have ornamental qualities, and which typically_grow six inches to five feet and do not tolerate being cut below six inches. I. "Turf ass" means asses that are spreading in nature as olmosed to a tufted ornamental grass and that endure regular mowing to form a dense growth of leaf blades and root, including any of various grasses such as, but not limited to Kentucky bluegrass or perennial ryegrass, grown to form turf. J. "Noxious Weeds" means any plant species that are designated in the Colorado Noxious Weed Act on list A, B, or C, which have been, designated by rule as a threat to the economic and environmental value of lands in the State of Colorado. Section 4. Section 8.16.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are shown in Wit; words to be added are underlined): 8.16.020 Weeds - Removal required. 2 It shall be unlawful and is hereby declared a nuisance for any person, corporation or entity owning, occupying or managing any lot, tract or parcel of land within the town: A. To permit weeds, whether noxious or native, grasses or brush to grow to a height in excess of six inches upon any lot, tract or parcel owned or occupied by such person; however,. this six inch limit does not apply to ornamental grass, shrubs, or other plantings (excluding noxious weeds or nuisance brush) that are designed to have a height gyeater than six inches, including_ 1. Trees bushes shrubs flowers', or 2. , Any intentionally cultivated Mgjcultural vegetation; or 3. Any vegetation intentionally cultivated or maintained in a clearly defined and physically discrete area for landscaping, ornamental or other aesthetic Purposes; B. To store, keep or permit to remain on any lot, tract or parcel owned or occupied by such person trees, limbs or branches of trees, shrubs or plants, whether alive or dead, which aFe have been deemed dangerous by the „town to safety, health or property; C. To fail to remove trees, limbs or branches of trees, shrubs or plants, whether alive or dead; which have been deemed dangerous by the town to safety, health or property, together with all rubbish of all kinds, from any lot, tract or parcel owned or occupied by such person; D. To permit weeds, whether noxious or native grasses or brush to grow to a height in excess of six inches, to store, keep or permit to remain any trees, limbs or branches of trees, shrubs or plants, whether alive or dead, which afe have been deemed dangerous by the town to safety, health or property, or to. fail to remove the same together with all rubbish of all kinds, upon and from the area from any lot, tract or parcel owned or occupied by such person to the middle of any alley abutting behind or on the side of the lot, tract or parcel, or upon and from the area from any lot, tract or parcel owned or occupied by such person to the street abutting to the front or on the side of the lot, tract or parcel, such area to include but not limited to the curb, gutter and sidewalk. E. Any single parcel of three acres or more that has no internal street improvements or internal trail accesses may granted a seasonal permit exempting the parcel from the requirements of subsection A of this section, pursuant to the procedures set forth in subsection F and subject to the conditions set forth below. 1. Under such permit, the owner and occupant of the parcel may be permitted to keep prairie and native grasses, as used for erosion control purposes, ses, owing in excess of six inches hijzh. The exemption will be limited to only native grass species and areas of the parcel identified within the exemption permit issued pursuant to subsection Fla below. 2. An. exemption shall not be granted with regard to noxious weeds or nuisance brush. 3. All. areas within 150 feet of theproperty lines of the parcel must be mowed to a height of less than six inches. 4. All areas within 150 feet of any oil and gas well or any oil and gas facility must be mowed to a height of less than six inches. 5. . Approved exem tion permits will expire 90 da s from the date of issuance as indicated on the permit. 6. No more than two exemption permits shall be issued per calendar year. 7. The parcel shall be mowed within five days of the expiration of the exemption permit unless a second permit has been previously approved to run consecutively. 8. The parcel shall_ comply with all conditions which are attached to the ganting the permit and deemed necessM to further the purposes of this chapter. F. Exemption pennit procedures. The owner or occu ant of a parcel which qualifies for an _exemption permit may seek an exemption from the requirements of subsection A above in the following manner: 1. The chief of olice or chiefs designee shall decide requests for approval of an exemption permit. An exemption permit request shall be submitted on a form supplied by the police department. The request shalt contain the name address and contact phone number of the a licant parcel owner and an occu ants) of the parcel, a correct legal description of the parcel involved, a site plan_depictiniz the exemption requested the reasons supporting the request, and a description of the land and existin improvements thereon in sufficient detail to enable the reviewing authorit to _assess with reasonable accuracy the potential impact which the proposed exemption would have on adjacent and nearby_ properties and on the _town as a whole. The request shall by_signed by all owners of the parcel involved. If there is pending at the time of the request an outstanding notification to the owner regarding the presence of weeds or noxious weeds, an. exemption request shall not be considered. 2.. The request for an exemption permit shall. include a non- refundable S40.00 application and inspection fee payable to the town. 3. _ The exemption permit request shall be acted upon within_ a reasonable__ time, not to exceed 30 days from the date of reccipt of a complete request. a. The chief of police or chief's-designee may ant an exemption request by issuing a permit therefor or may deny the request, in which case the reasons for denial shall be stated in a Written decision, copies of which shall be filed in the office of the chief of police and mailed to the owner at the address stated on the application. The decision shall be final and not subiect to appeal. b. If the exemption permit re uest is denied the parcel must come into compliance with all applicable regulations within ten days from the date of the decision den jng the request. Section 5. Subsection B of Section U6.030 of the Firestone Municipal Code is hereby amended, and said Section is further amended by the addition of a new Subsection C, to read as follows (words to be deleted are shown in Wit; words to be added are underlined): 8.16.030. Weeds —Duty to remove —Burning prohibited. B. It shall be unlawful for any person, corporation or entity owning, occupying or managing any lot, tract or parcel of land within the town to burn or allow the burning of weeds, grasses, brush, trees, limbs, shrubs, plants or rubbish of any other kind, the removal of which is required by this section, The fefegoing hihitiA-R g:hAll not ply to the bti it rr f , „tfea, .�rl wood fi. l to t................. ....u.. .ivy uNNaJ w �aiv vuiauub va�i , s4 ll give prier notice to the fire depar+ment C. The prohibition set forth in subsection B of this „section shall not apply_ to the burning of untreated wood in a fireplace or to the burning_ of operating irrigation ditches, but any person who intends to burn an operating igation ditch shall provide notice to the fire district and receive the fire district's authorization prior to burning. A copy of the fire district's authorization shall be provided to the town prior to the commencement of burning. Further, any person engaging in such burning shall comply with any applicable State laws and regulations concerning open burning, including but not limited to any requirement to obtain an open buming_permit from the Colorado Department of Public Health and Environment. If such a permit is required, a copy of ,said permit shall be provided to the town prior to the commencement of burning_ Section 6. If any section, paragraph, sentence, clause, or phrase of this. ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespectiveof the fact that any one part or parts be declared unconstitutional or invalid. Section 7. 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. Section 8. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. INTRO UCED, READ, AD PTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of Mo v-T , 2011 TOWN A SEAL l p � Est- � 0 TOWN OF FIRESTONE, COLORADO C/J/�,. - Chad Auer Mayor 0 ORDINANCE NO.� AN ORDINANCE AMENDING TITLE 17 OF THE FIRESTONE MUNICIPAL CODE TO PERMIT FAMILY CHILD CARE HOMES IN RESIDENTIAL ZONE DISTRICTS WHEREAS, C.R.S. § 31-23-301, et seg, authorizes the Town to establish zoning districts and adopt zoning regulations; and WHEREAS, pursuant to such authorities, the Town has adopted zoning regulations as codified in Title 17 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees desires to amend Title 17 to permit family child care homes in residential zone districts; and WHEREAS, the Firestone Planning and Zoning Commission after notice and hearing has recommended the Board of Trustees adopt the amendments set forth in this ordinance; and . WHEREAS, the Board of Trustees has provided notice of a public hearing on this ordinance by publication as provided by law and held a public hearing as provided in said notice; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 17.08 of the Firestone Municipal Code, entitled "Definitions" is hereby amended by the addition of the following definition to be inserted alphabetically into said chapter, with the entire chapter to be renumbered accordingly: Family child care home. "Family child care home" means a facility licensed by the State of Colorado that provides, on a regular basis in a place of residence, less than twenty -four-hour care for two or more children under the age of eighteen from different family households who are not related to the head of the household. A family child care home may include a regular family child care home, a three under two licensed home, an infant/toddler licensed home, a large child care home, or an experienced child care provider home all as defined by the State of Colorado Department of Human Services and all as amended from time to time. A family child care home shall be operated in compliance with all applicable Town ordinances and regulations, including but not limited to, all building, fire, and public safety codes adopted by the Town pursuant to Title 15 of the Code, and all applicable state statutes and regulations. Section 2. Section 17.16.010.A of the Firestone Municipal Code is hereby amended to add a new subsection 13 to read as follows: 17.16.010 R-1 districts — Permitted uses. A. Permitted Uses. 13. 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. Section 3. Section 17.16.070 of the Firestone Municipal Code is hereby amended to add a new subsection Q to read as follows: 17.16.070 Additional standards for R-1, R-2 and R-3 districts and residential land use categories within PUD Districts. Additional standards for R-1, R-2 and R-3 districts and for residential land use categories within PUD districts shall be as set forth in this section. Where expressly stated, such standards shall further apply to any residential lot within the town. Q. Family child care homes shall be permitted home occupations. Nursery schools, day care centers, child care facilities, and other child care operations not meeting the definition of "family child care home" shall not be permitted as home occupations because of their tendency to go beyond the limits permitted for home occupations. Section 4. Section 17.16.080 of the Firestone Municipal Code is hereby amended to add a new subsection D to read as follows: 17.16.080 R-5 districts — Uses permitted. D. 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. Section 5. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance INTRO UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of Gt , 2011. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: �4� Judolegwo4, Town ClerkF��ES .•' mu SEAL )0 4129/2011Imac] 51Firemne/Ordinance)Child care facilities,ard LOj p'•�••...... O��.J l/rY�1 G ORDINANCE NO. 17 44 AN ORDINANCE AMENDING CHAPTERS 8.12 AND 8.16 OF THE FIRESTONE MUNICIPAL CODE REGARDING PENALTIES FOR VIOLATIONS PERTAINING TO GARBAGE AND REFUSE AND WEEDS AND RUBBISH WHEREAS, the Board of Trustees has previously adopted regulations prohibiting the accumulation of garbage and refuse, including .regulations codified at Chapter 8.12 of the Firestone Municipal Code; and WHEREAS, the Board. of Trustees has previously adopted regulations requiring the removal of weeds within the Town, including regulations codified at Chapter 8.16 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees desires to amend Chapters 8.12 and 8.16 concerning the penalties for violating such regulations; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO- Section 1. Chapter 8.12 of the Firestone Municipal Code is hereby amended by the addition of a new Section 8.12.040 to read as follows: 8.12.040 Violation; penalty. Any person who violates any provision of this Chapter shall, upon conviction, be deemed a have committed a petty offense, and shall be punished by a fine of not less than $200.00 and not to exceed $999.60, for each separate violation. Such person may also be enjoined by the Town from any further or continued violation hereof. Imprisonment shall not be imposed as a penalty for any violation of this Chapter. Each act or omission m violation of one or more of the provisions of this Chapter shall be deemed a separate violation for each and every day that such act(s) or omissions(s) occur. Section 2. Chapter 8.16 of the Firestone Municipal Code is hereby amended by the addition of a new Subsection 8.16.040 to read as follows: 8.16.040 Violation; penalty. Any person who violates any provision of this Chapter shall, upon conviction, be deemed a have committed a petty offense, and shall be punished by a fine of not less than $200.00 and not to exceed $999.00, for each separate violation. Such person may also be enjoined by the Town from any further or continued violation hereof. Imprisonment shall not be imposed as a penalty for any violation of this Chapter. Each act or omission in violation of one or more of I the provisions of this Chapter shall be deemed a separate violation for each and every day that such act(s) or omissions(s) occur. Section 3. If any section, paragraph, sentence, clause, or please of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. 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. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this )Z�l day of rna y , 2011. TOWN OF FIRESTONE, COLORADO � 0 L., Chad Auer, Mayor ATTEST: (C)04-7-�Y- rowNJ Hegwoo , Town Clerk =o o� _Go foe- 2 ORDINANCE NO.11�7 AN ORDINANCE AMENDING SECTION 9.24.020 OF THE FIRESTONE MUNICIPAL CODE TO PERMIT THE DISCHARGE OF WEAPONS IN ST. VRAIN STATE PARK UNDER CERTAIN CIRCUMSTANCES WHEREAS, the Board of Trustees previously adopted restrictions prohibiting the discharge of weapons, and provided for certain exceptions to such prohibition; and WHEREAS, the Board of Trustees desires to amend Section 9.24.020 to permit the discharge of weapons in St. Vrain Park as part of a shooting activity or event sanctioned by the state agency having jurisdiction over the park; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 9,24.020.B of the Firestone Municipal Code is hereby amended by the addition of a new subsection 5 to read as follows: . ' 9.24.020 Discharging weapons. A. It is unlawful for any person to fire or discharge within the Town any firearm, airgun, BB gun, bow and arrow or any toy gun projecting lead or missles. B. Subsection A of this Section shall not apply to: 5. Such activities within St. Vrain State Park as part of a shooting event or activity sanctioned by the state agency having jurisdiction over state parks and in accordance with state statutes and regulations concerning the possession, carrying, or discharge of firearms and other weapons in state parks, provided that the Town shall be given advance notice of such event or activity. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 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. Section 4. The repeal or modification of any provision of the Firestone Municipal Code by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this i day of �a , 2411. TOWN OF FIRESTONE, COLORADO CU Chad Auer, Mayor ATTEST - Jay Heg400d, Town Herk ORDINANCE NO.j 7 6 AN ORDINANCE AMENDING SECTION 2.58.030 OF THE FIRESTONE MUNICIPAL CODE REGARDING TERMS OF OFFICE FOR THE PARKS AND TRAILS ADVISORY BOARD WHEREAS, the Board of Trustees by Ordinance No. 472 created the Firestone Parks and Trails Advisory Board ("Board") for the purpose of providing input, advice and recommendations on park and trail issues of concern to the Town and its citizens, which ordinance is codified at chapter 2.58'of the Firestone Municipal Code; and WHEREAS, due to an increasing interest in participation on the Board, the Board of Trustees adopted Ordinance No. 563, which revised section 2.58.030 to increase the number of members of the Board; and WHEREAS, Ordinance No. 563 contained a scrivener's error regarding the number of three-year terms on the Board, which the Board desires to correct by this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.58.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stf"en 4*euo): 2.58.030 Members. The parks and trails advisory board shall consist of six members as follows: One member of the board of trustees, appointed annually by the mayor and referred to as the commissioner of parks and recreation for purposes of this chapter, who shall serve as the chair of the parks and trails advisory board. The chair's term shall run concurrently with his or her assignment as commissioner of parks and recreation and so long as he or she is a member of the board of trustees. The remaining five members of the parks and trails advisory board shall be appointed by the Mayor and confirmed by the Board of Trustees. The terms of the five members shall be as follows: two two-year terms, one two three-year terms and one four-year term. Any vacancy in membership shall be filled by appointment by the Mayor and confirmed by the Board of Trustees. Initial appointments to the Board shall be made within thirty days of the effective date of the ordinance codified herein. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. I 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. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not, release, extinguish, after, `modify; or :change in whole or in. part any penalty;. forfeiture, or liability,: either ,civil or criminal, which shall have been incurred under such provision, and each provision 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,rnay be rendered, entered', or made in such actions, suits, proceedings, or prosecutions. INTRODUCED,. READ, ADOPTED; APPROVED,. AND ORDERED PUBLISHED IN FULL this 2-0 day of May , 2011: TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST:, r Hegw d, Town Cler TOWN SBAL P1 ORDINANCE NO. ? 7 % AN ORDINANCE AMENDING SECTIONS 5.08.090 AND 5.08.110 OF THE FIRESTONE MUNICIPAL CODE REGARDING LIQUOR TASTINGS WHEREAS, the Board of Trustees has previously adopted regulations regarding liquor tastings, which are codified at Section 5.08.110 of the Firestone Municipal Code; and WHEREAS, the initial application fee . for a liquor tastings permit is set forth at Subsection G of Section 5.08.090 of the Firestone Municipal Code;' and WHEREAS, the Board of Trustees desires to amend Section 5.08.110 of the Code to allow for retail liquor store and liquor -licensed drugstore licensees to obtain a tastings permit within the first year. of being licensed, and to set forth additional requirements regarding records regarding tasting schedules and training of person conducting tastings; and. WHEREAS, the Board of Trustees desires to amend Subsection G of Section 5.08.090 of the Firestone Municipal Code to set forth the annual renewal fee for a tastings permit; ' NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection G of Section 5.08.090 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined): G. Each application for a liquor tastings permit shall be accompanied by an initial liquor tastings application fee in the amount of fifty dollars and a fifty - dollar annual renewal fee each year thereafter. Section 2. Section 5.08.110 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined): 5.08.110 Liquor tastings. A. The town hereby authorizes tastings to be conducted by retail liquor store and liquor -licensed drugstore licensees in accordance with this section and pursuant to Section 12-47-301, C.R.S. Within the town, it is. unlawful for any person or licensee to conduct tastings unless a permit has been obtained in accordance with this section. The local licensing authority is authorized to issue tasting permits in accordance with the requirements of this section. B. A retail liquor store or liquor -licensed drugstore licensee that wishes to conduct tastings shall submit an application for a tastings permit to the local licensing authority. Except as provided in this Paragraph, the application shall be submitted annually at the time of liquor license renewal. For new licensees the application for a tastings permit may be submitted with the application for a new license or at any time during the first year of,licensure. An application may also 1 be submitted at a time other than the time of renewal, however, in such case, the Permit shall expire at the next renewal date of the license and the permit fee shall not be prorated. The application shall be in the form required by the town clerk, and shall include a written control plan establishing how the applicant will conduct the tastings in compliance with the provisions of the Liquor Code and town code, and without creating a public safety risk to the neighborhood. The local licensing authority may reject the permit application if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this section or creating a public safety risk to the neighborhood. The local licensing authority and authority secretary may establish application procedures for tastings permits. C. Tastings shall be subject to the following limitations: 1. Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue and who is a retail liquor store or liquor -licensed drugstore licensee, or an employee of a licensee, and only on a licensee's licensed premises. 2. The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub or winery licensed pursuant to Section 12- 47-403, C.R.S., at a cost that is not less than the laid -in cost of such alcohol. Such suppliers shall have licenses from the town to the extent required by this section and Section 12-47-301, C.R.S. 3. The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor. 4. Tastings shall not exceed' a total of five hours in duration per day, which need not be consecutive. S. Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than eleven a.m. or later than seven p.m. 6. The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. 7. The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises or shall destroy the samples immediately following the completion of the tasting. 8: The licensee shall not serve a person who is under twenty-one years of age or who is visibly. intoxicated. 2 9. The licensee shall not serve more than four individual samples to a patron during a tasting. 10. Alcohol samples shall be in open containers and shall be provided to a patron free of charge. 11. Tastings may occur on no more than four of the six days from a Monday to the following Saturday, not to exceed fifty-two days per year. Upon request by the town, the licensee shall provide to the town a copy of licensee's current schedule of the dates and times on which tastings are scheduled to be held on the licensed premises. The licensee shall also maintain a log of the dates and times of all tastings that have been held, which shall be made available for inspection by town at all times. 12. No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in -kind assistance to favor the manufacturer's products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting. 13. The applicant for a tastings permit shall certify on.the application that all persons serving alcohol at tastings have completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue. The licensee shall maintain a current roster of the names- of the_persons who have completed a server training and the dates on which such persons attended training. The licensee shall submit updated rosters and documentation „to„ the, town as necessary to confirm that persons serving alcohol at tastings have received the requisite training. D. A violation of a limitation specified in this section or of Section 12-47- 301(10) or 12-47-801, C.R.S., by a retail liquor store or liquor -licensed drugstore licensee, whether by the licensee, the licensee's employees or agents, or otherwise, shall be the responsibility of the licensee who is conducting the tasting. E. A licensee conducting a tasting shall be subject to the same revocation, suspension and enforcement provisions as otherwise apply to the licensee and are imposed by the local licensing authority. The local licensing authority shall conduct a hearing with regard to any violations of this section in accordance with the requirements of this code and Section 12-47-601, C.R.S. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance, The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4: All other ordinances or portions thereof inconsistent or conflictingwith this ordinance. or any. portion .h.Ereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The repeal or modification of any provision ofthe Municipal Code -of the Town of Firestone by this ordinance 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 provision„ and each provision shall be treated and field. as still remaining, in force for the purpose of sustaining any and all proper a..ctioris, suits, proceedings, and .prosecutions for the enforcement of the penalty, forfeiture; or liability; as well.. as for the purpose of sristaitiing any judgment, decree_, or order which can or may be rendered, entered, or made in such actions, suits,. proceedings;, or prosecutions. INTROPUCED, READ,., ADOPTED„ APPROVED AND ORDERED PUBLISHED IN FULL this2,day of May , 2011. ATTEST: 1 Mf� +++ Town Clerk El TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ORDINANCE NO.? 7Y AN ORDINANCE AMENDING CHAPTER 2.12 OF THE FIRESTONE MUNICIPAL. CODE REGARDING THE POWERS AND DUTIES OF THE TOWN MANAGER WHEREAS, by Ordinance No. 671, the Board of Trustees adopted a "Personnel and Employees" provision of the Firestone Municipal Code; which provision was inadvertently deleted from the Code by Ordinance No. 731; and WHEREAS, the Board of Trustees desires to amend Chapter 2.12 of the .Firestone Municipal Code to readopt said provision, which shall further serve to confirm the authority of the Town Manager with respect to personnel matters and that the mayor and members of the Board of Trustees shall deal with the administrativeservices solely through the Town Manager; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.12'.040 of the Firestone Municipal Code. is hereby renumbered as Section 2.12.050, and Chapter 2.12 of said Code is hereby further amended by the addition of a new section 2.12.040 to read as follows: 2.12.040 Personnel and Employees. A. Except as expressly provided to the contrary in this code, the town manager shall have the' powers and duties to hire, suspend, transfer, and remove town employees. B. Except for the purpose of inquiries, individual. board members or the mayor shall deal with administrative services solely through the town manager., and neither the mayor nor the board of trustees, nor any committee thereof shall give orders to any of the subordinates of those employees directly appointed by the hoard. Section 2. If any section, paragraph, sentence, clause, or: phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of 'Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 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. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each, provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of qt,rc , 201.1. TOWN OF FIRESTONE; COLORADO C U L Chad Auer;. Mayor ATTEST: Gs0 0 dy H od; ' o Clerk C16,v 2 ORDINANCE NO. '� 7 ` AN ORDINANCE AMENDING CHAPTER 2.04 OF THE FIRESTONE MUNICIPAL CODE CONCERNING REGULAR MEETINGS AND WORK SESSIONS OF THE BOARD OF TRUSTEES AND NOTICES FOR SPECIAL MEETINGS WHEREAS, the Board of Trustees previously adopted Section 2.04.030 of the Firestone Municipal Code setting forth the days and hours for its regular meetings and work sessions, and Section 2.04.170 of the Firestone Municipal Code prescribing the procedure for giving notice of special meetings; and WHEREAS, the Board of Trustees desires to amend Section 2.04.030 of the Firestone Municipal Code to provide that the Board of Trustees shall set the day and hour of its regular meetings and work sessions by resolution, and to amend Section 2.04.170 of the Firestone Municipal Code to allow notice of special meetings to be given by electronic mail; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.04.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfisken 4hreuo): 2.04.030 Regular meetings — Special meetings -= Work sessions. A. The Board of Trustees shall meet regularly at least twice each month when there is Town business to be addressed. Regular meetings shall be conducted at the Town Hall or at such other place within the Town as designated by the Board of Trustees with public notice as required by law. The. Board of Trustees shall prescribe by resolution the „day and hour of its regular meetings_in replar- session- efi the S�­A_P_Rd —And fbuft4 q4Pdfsday of eae4 fnent4 at seven P.m. the Town Hall. if the day set for- the regulaf meeting falls on a holiday r-eeegnize shalleither-be vaeated or- f$seheduled to—_Aa alternative dateand time, as holiday-, in ease ally he i e0eding has boon set fer- any such r-egul meeting held by the bear-d of tTustees-. B. The Mayor and any two members of the Board of Trustees may call special meetings by notice to, each of the members in accordance with Section 2.04.17 . The Board of Trustees may also callspecial meetings by action taken at any regglar or special meeting, in which case notice shall be given to each of the members in accordance with Section 2.04.170. C. The Board of Trustees shall hold work sessions, as needed, at Town Hall or at such other place designated by the Board of Trustees with public notice as required by law. The Board of Trustees shall prescribe by resolution the day and hour of its regular work sessions., oil the first —A4;--d thi-r-ad Tllhur-sday of ea month at seven p.m. of the Town Hall D. All meetings shall be open to the public as provided by law. Section 2. Section 2.04.170 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are s#r-iskea thFotgh): Section 2.04.170 Service of notice of special meetings. Notice of special meetings shall be served by the *,,.,.., marsh, o - deputy each Trustee personally or by leaving the same at his or her usual place of residence or business or by electronic mail sent to the Trustee's email address. The notice shall be served at least twenty-four hours before the meeting shall convene. The Chief of Police town fmffshal or his or her designee day, and the Town Attorney, unless he or she shall be prevented by sickness or unavoidable circumstances, or unless excused by the Mayor, shall attend all meetings of the Board of Trustees. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity•or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. 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. INTRO UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of Q1, A 2011. �� Town SEAL °o N.....�0 ATTES . F'mod.... � � '- �• AR •-K • �� TOWN OF FIRESTONE, COLORADO V Y j Chad Auer, Mayor 2 111111111111111111111111111111111111111111111111111 IN 3806452 11/17/2011 04:33P Weld County, CO 1 of 3 R 21.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. �a AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE FLATIRON ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Flatiron Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -1`10, the Board of Trustees on September 28, 2011 held a duty -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published August 29 and September 4, 11, and 18, 2011 in the Longmont Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(l)(g),-110(2) or 112, C.R.S. NOW, THEREFORE,. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Flatiron Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2, The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with. the. Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this � day of m be r 2011. ATTEST: TOWN OF FIRESTONE, COLORADO CU Chad Auer, Mayor $TO 'TOWN r 110 rQ.� o� IIIIII IIIlI IIIIIII III IIIII IIIIIII IIIII III IIIII Ills IN 3806452 11/1712011 04:33P Weld County, CO 2 of 3 R 21.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION FLATIRON ANNEXATION KNOW ALL MEN BY THESE PRESENTS, FLATIRON CONSTRUCTORS, INC. BEING THE SOLE OWNER AND PROPRIETOR OF THE FOLLOWING DESCRIBED LAND, TO WIT: LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, IN THE COUNTY OF WELD, STATE OF COLORADO, PER FINAL PLAT RECORDED DECEMBER 30,1991 AT RECEPTION NO. 02273563, IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY, TOGETHER WITH LOTS 1 AND 2, FLATIRON PLANNED UNIT DEVELOPMENT Il, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED APRIL 17,1998 AT RECEPTION NO.2606946, IN SAID OFFICE OF THE CLERK AND RECORDER, TOGETHER WITH LOT 1, FIRST AMENDMENT, LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT II, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED FEBRUARY 25, 2010 AT RECEPTION NO. 3677984, IN SAID OFFICE OF THE CLERK AND RECORDER, AND TOGETHER THAT CERTAIN UN -NAMED PUBLIC RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, LYING WITHIN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, SOUTH 00020'42" WEST, 34.42 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633, IN SAID OFFICE OF THE CLERK AND RECORDER; THENCE ALONG SAID EASTERLY PROLONGATION, PARALLEL WITH THE NORTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, NORTH 89-34'18" WEST, 21.63 FEET TO THE NORTHWEST CORNER OF LOT 1, SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, SOUTH 00003'20" WEST, 2580.48 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 00003'20" WEST, 20.00 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER, SECTION 11; THENCE ALONG SAID PARALLEL LINE, NORTH 89°40'08" WEST, 751.61 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF LOT 2, SAID FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2 THE FOLLOWING TWO COURSES: 1) NORTH 84°37'14" EAST, 201.00 FEET; 2) SOUTH 89°40'08" EAST, 471.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2, BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 36045'06" WEST; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING 10 COURSES: 111111111111111111111111111111111111111111111111111 l l l l 3806452 11/17/2011 04:33P Weld County, CO 3 of 3 R 21.00 O 0.00 Steve Moreno Clerk & Recorder .. 1) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF'53°1.1'34".AND ARC LENGTH OF 92.84 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 26°39'07'.' EAST AND CHORD DISTANCE OF 89.54 FEET; 2) TANGENT TO SAID CURVE, NORTH 00°03'20" EAST, 456.41 FEET; 3) NORTH 89038'18" WEST, 426.23 FEET; 4) SOUTH 05°4I'40" WEST, 159.99 FEET; 5) NORTH 89°40'51" WEST, 198.38 FEET; 6) SOUTH 37-38'18" WEST, 63.69 FEET; 7) SOUTH 64°04'45" WEST, 61.12 FEET; 8) NORTH 88.59' 11" WEST, 119.00 FEET; 9) SOUTH 03°28'51" WEST, 35.99 FEET; 10) NORTH 88.59' 11" WEST 340.55 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF 1-25 FRONTAGE ROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT I1, NORTH 05°45'50" EAST 601.73 FEET TO THE NORTHWEST CORNER OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II, SOUTH 86°42'46" EAST, 660.22 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG SAID EASTERLY LINE, NORTH 05°46'09" EAST, 1747.51 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00°03'54" WEST, 7.01 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633, SOUTH 89034'18" EAST, 342.79 FEET TO THE POINT OF BEGINNING. CONTAINS 1,32I,164 SQ. FT. OR 30.330 ACRES, MORE OR LESS HAVE CAUSED THE ABOVE DESCRIBED TRACT OF LAND TO BE ANNEXED UNDER THE NAME OF FLATIRON ANNEXATION. V \� PLEASE RETURN N To. Town of Firestone Box 100 / 151 Grant Ave. Firestone, Colorado 80520 If 111111111111111111111111111111111111111111111111111 IN 3806454 11/17/2011 04:33P Weld County, CO 1 of 5 R 31.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE FLA71'IR.ON ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the Flatiron Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property, known as the Flatiron Annexation, was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with Employment Center (PUD EC) and Regional Commercial (PUD RC) land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requestedis consistent with the Town's plan for the area encompassed by the Flatiron Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and Outline Development Plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23- 305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Flatiron Annexation, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof (the "Property"), is hereby zoned Planned Unit Development Employment Center (PUD EC) and Regional Commercial (PUD RC) land uses, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Flatiron Annexation Outline Development Plan approved l IIIIII illli IIIII II ill IIIII Iliilll IIIII III iilll Illl IIII 3806454 11/17/2011 04:33P Weld County, CO 2 of 5 R 31.00 U 0.00 Steve Moreno_ Clerk & Recorder with conditions by the Board of Trustees, as noted below, and which shall be: placed on file with the Town, and the Town zoning map shall be amended accordingly: Section 2. The Board of Trustees hereby approves the Outline Development Plan for the Flatiron Annexation, subject to the conditions set forth on Exhibit Battached hereto and incorporated herein by reference. The Board of Trustees hereby approves as a permitted land use pursuant to the Outline Development Plan for the Flatiron Annexation. the ability to Fabricate, manufacture, assemble, process and store construction related materials, including but not limited to precasting operations and storage and distribution of precast, from an outside area that is not enclosed within a building(s) and that is limited to Flatiron PUD 1, Lot 1(24.065 acres). INTRODUCED, REAP, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisay of , 2011. TOWN OF FIRESTONE, COLORA.DO Chad Auer, Mayor ATTEST: ���tE3 TO y He ood, Town CI k � rows u gt s Sris SEALip S TiratwcNAnnczeuon n50ron wning 4AP ad MIA doe % Q r 2 I IIIIII III�� IIIIIII I�IIIIII Illllll IIl�llll i�lll 1111 3806454 1 i11712011 04:33P Weld County, CO IN _ 3 of 5__R 31.00 D 0.00 Steve Moreno Clerk &Recorder EXHIBIT A LEGAL DESCRIPTION FLATIRON ANNEXATION KNOW ALL MEN BY THESE PRESENTS, FLATIRON CONSTRUCTORS, INC. BEING THE SOLE OWNER AND PROPRIETOR OF THE FOLLOWING DESCRIBED LAND, TO WIT: LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, IN THE COUNTY OF WELD, STATE OF COLORADO, PER FINAL PLAT RECORDED DECEMBER 30,1991 AT RECEPTION NO. 02273563, IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY, TOGETHER WITH LOTS 1 AND 2, FLATIRON PLANNED UNIT DEVELOPMENT Il, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED APRIL 17,1998 AT RECEPTION NO. 2606946, IN SAID OFFICE OF THE CLERK AND RECORDER, TOGETHER WITH LOT 1, FIRST AMENDMENT, LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT 11, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED FEBRUARY 25, 2010 AT RECEPTION NO. 3677984, IN SAID OFFICE OF THE CLERK AND RECORDER, AND TOGETHER THAT CERTAIN UN -NAMED PUBLIC RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, LYING WITHIN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG THE EAST LINE OF SAID WEST HALF OF T14E SOUTHWEST QUARTER OF SECTION 11, SOUTH 00°20'42" WEST, 34.42 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633, IN SAID OFFICE OF THE CLERK AND RECORDER; THENCE ALONG SAID EASTERLY PROLONGATION, PARALLEL WITH THE NORTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, NORTH 89-34'18" WEST, 21.63 FEET TO THE NORTHWEST CORNER OF LOT 1, SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, SOUTH 00003'20" WEST, 2580.48 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 00°03'20" WEST, 20.00 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER, SECTION 11; THENCE ALONG SAID PARALLEL LINE, NORTH 89"40'08" 1ATST, 751.61 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF LOT 2, SAID FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2 THE FOLLOWING TWO COURSES: 1) NORTH 84°37'14" EAST, 201.00 FEET,- 2) SOUTH 89°40'08" EAST, 471.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2, BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 36°45'06" WEST; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING 10 COURSES: Iii441i444ii4i14444iiii4l44ii4441ii444i4i44ii4 4 4ii444 iil 3806454 11/17/2011 04.33P Weld County, CO 4 of 5 R 31.00 D 0.00 Steve Moreno Cleric & Recorder 1) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL, ANGLE OF 53011'34" AND ARC LENGTH OF 92.84 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 26°39'07" EAST AND CHORD DISTANCE OF 89.54 FEET; 2) TANGENT TO SAID CURVE, NORTH 00003'20" EAST, 456.41 FEET; 3) NORTH 89038'18" WEST, 426.23 FEET; 4) SOUTH 05°41'40" WEST, 159.99 FEET; 5) NORTH 89°40'51" WEST, 198.38 FEET; 6) SOUTH 37038'18" WEST, 63.69 FEET; 7) SOUTH 64°0445" WEST, 61.12 FEET; 8) NORTH 88.59' 11" WEST, 119.00 FEET; 9) SOUTH 03-28'51" WEST, 35.99 FEET; 10) NORTH 88"59' 11" WEST 340.55 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF 1-25 FRONTAGE ROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, NORTH 05°45'50" EAST 601.73 FEET TO THE NORTHWEST CORNER OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT I1, SOUTH 86°42'46" EAST, 660.22 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG SAID EASTERLY LINE, NORTH 05°46'09" EAST, 1747.51 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00°03'54" WEST, 7.01 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION N0, 1852633, SOUTH 89-34'18" EAST, 342.79 FEET TO THE POINT OF BEGINNING. CONTAINS 1,321,164 SQ. FT. OR 30.330 ACRES, MORE OR LESS HAVE CAUSED THE ABOVE DESCRIBED TRACT OF LAND TO BE ANNEXED UNDER THE NAME OF FLATIRON ANNEXATION. I IIIIII illl i IIIIIII III IIIII liliill IIIII IIl illil IIII IIII 3806454 1111712011 04:33F Weld County, CO 5 of 5 R 31.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Flatiron Annexation Conditions of Approval Initial Zoning and ODP ODP General 1. Fix -any typos and formatting corrections. 2. Modify all plans pursuant to Town staff comments. 3. Prepare and record an access easement (identical legal &. exhibit as public ROW vacation) in a form acceptable to the Town ,to ensure continued access to all of the existing platted lots. The order in which the Town will record documents for this Application will be: Annexation, ODP, Vacation Ordinance, and O)rDP. The Applicant has correctly shown the existing public ROW as a private drive on the OFDP since it will be recorded after the Vacation Ordinance: Sheet 1 4. In the Grading section, add the word "significant" before the word "proposed". 5. In the Land Use and Zoning section, change "Planning" to "Planned". 6 PLEASE RETU Town of Fire RN To; ETU Box 100/151 Grant Ave. Firestone, Colorado 8Q520 ORDINANCE NO. ? ?a AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING A VESTED RIGHTS AGREEMENT WITH FLATIRON CONSTRUCTORS, INC. FOR THE FLATIRON ANNEXATION PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AND AUTHORIZING EXECUTION OF SUCH AGREEMENT NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Recitals. A. C.R.S. § 24-68-104(2) authorizes local governments to enter into development agreements with landowners to provide vested property rights for a period exceeding three years. B. The Board of Trustees of the Town of Firestone, Colorado ("Town") has determined to enter into a Vested Rights Agreement for Flatiron Annexation ("'Nesting Agreement") with Flatiron Constructors, Inc. ("Owner':') for property commonly referred to as the Flatiron Annexation, establishing certain vested property rights, and further finds and determines that vesting of property rights under the Vesting Agreement for a period exceeding three years is warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. C. All notices required for the public hearing(s) at which the Vesting Agreement and this ordinance have been considered by the Town were properly and timely published, posted and/or mailed in accordance with all.applicable laws, and such public hearing(s) were held in accordance with all applicable laws. D. The effectiveness of the Vesting Agreement is conditioned upon the recordation in the real property records of Weld County, Colorado of an annexation ordinance and annexation map with respect to the annexation to the Town of the property described in the Vesting Agreement. Section 2. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Vesting Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 3. The Vesting Agreement, a copy of which is attached hereto and incorporated by this reference, is hereby approved. Section 4. The Mayor and Town Clerk are hereby authorized to execute the Vesting. Agreement on behalf of the Town, on condition that the Vesting Agreement is first executed by Owner; provided, however, that the Mayor is hereby further granted the authority to negotiate and approve such revisions to the Vesting 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 Vesting Agreement are not altered. Section 5. All ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed i to the extent of such inconsistency or conflict. Section 6. Within 14 days after the passaged this. ordinance a notice shall be published in the designated newspaper for legal publications of the Town that advises the public of (a) the approval of a site specific development plan and creation of a vested property right, (b) the general type and intensity of uses approved in. the site specific development plan and a reference to this ordinance, and (c) the description of .the subject property which shall include a legal description and a vicinity description by reference to the adjacent or nearest road intersection. INTRODUCED READ, ADOPTED, APPROVED AND ORDERED PUBLISHED rN FULL this aday of P , 2011. . TOWN OF FIRESTONE Chad Auer Mayor Attest: 'RET TOWN SO - rr-STM 1, I Hegw d x o 0 wn Clerk _ � s a��r 2 APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED VESTED RIGHTS AGREEMENT FOR FLATIRON ANNEXATION THIS AGREEMENT is made and entered into this day of 52011, by and between the TOWN OF FIRESTONE, a municipal corporation of the state of Colorado (the "Town") and FLATIRON CONSTRUCTORS, INC., a Delaware corporation (the "Owner" WHEREAS, Owner is the owner of that certain real property located within the Town legally described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"), which has been annexed to the Town as the Flatiron Annexation; and WHEREAS, Owner has applied for and the Town has approved an Outline Development Plan for the Flatiron Annexation (the "ODP" or the "Project") and an Overall Final Development Plan ("OFDP") for the Project; and WHEREAS, Owner has requested that upon annexation the Town rezone the Property from its current County C-3 (Business Commercial) and Industrial zoning to Planned Unit Development with Regional Commercial (PUD-RC) and Employment Center (PUD-EC) land uses pursuant to the Firestone Development Regulations; and WHEREAS, the Parties recognize that due to fluctuating market conditions and economic cycles, and the need for substantial financial investment, it may take several years to develop and complete the Project; and WHEREAS, the Project will benefit the public by providing increased property taxes, use taxes and sales taxes, and that it is therefore in the interest of the Town, its residents and its taxpayers that the Project be developed as set forth in the ODP and OFDP; and WHEREAS, Owner has requested the Town grant the Project vested property rights pursuant to Chapter 17.42 of the Firestone Municipal Code ("F.M.C."); and WHEREAS, while the Town declines to designate either the ODP or the OFDP a "site specific development plan" as defined in F.M.C. § 17.42.020 or as that term is used in C.R.S. § 24-68-101, et se ., the Town has agreed to grant such vested property rights to the extent specifically provided herein; and WHEREAS, this Agreement was approved by the Town's Board of Trustees after notice and a hearing in accordance with C.R.S. 24-68-103(1)(b) and F.M.C. § 17,42,030. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, the Town and the Owner agree as follows: 1. Incorporation of Recitals. The Parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms, conditions and extent of vested property rights created pursuant to Chapter 17.42 of the Firestone Municipal Code. Except as expressly provided herein to the contrary, all terms and conditions herein are in addition to all requirements' concerning subdivision and development of property contained in the Firestone Municipal Code ("F.M.C.") and the Firestone Development Regulations. This Agreement creates certain statutory vested property rights and establishes the duration of such vested property rights, as expressly provided in Paragraph 3 below and pursuant to C.R.S. § 24- 68-101, et seq. and F.M_C. Chapter 17.42. 3. Zoning and Development; Establishment of Vested Property Rights. A. The Parties recognize that it is the intent and desire of the Owner to develop the Project in a manner generally consistent with the requested PUD-RC and -EC zoning, as more particularly described in the ODP and OFDP attached hereto as Exhibit B. The Owner shall take all action necessary to permit approval of the zoning and statutory vested property rights by Firestone. B. The zoning application, ODP, and OFDP submitted by the Owner proposes that the Project is currently comprised of approximately 81,234 square feet of office and industrial uses with plans to expand to add 40,000 additional square feet all consistent with the Town's PUD-RC and PUD-EC land use categories and additionally allowing for the ability to fabricate, manufacture, assemble, process and store construction related materials, including but not limited to precasting operations and storage and distribution of precast, from an outside area that is not enclosed within a building(s) and that is limited to Flatiron PUD 1, Lot 1 (24.065 acres). The Parties agree that upon approval of the zoning request, the ODP, OFDP, and this Agreement, the uses set forth in the Firestone Development Regulations for the PUD-RC and PUD-EC land use categories shall constitute a site specific development plan under C.R.S. § 24-68-102 and F.M.C. Chapter 17.24, subject to the mass, bulk and other requirements of the Firestone Development Regulations. Pursuant to C.R.S. § 24-68-104, F.M.C. §- 17.42.060, and the ordinance approving the ODP, such land uses shall vest for a period of 20 years from the effective date of this Agreement. C. Nothing in this Agreement shall preclude the application of other Town ordinances, resolutions, rules and regulations pertaining to the development and use of the Property or preclude the requirements for approval of more specific subdivision, zoning and development plans for the Property, so long as such ordinances, resolutions, rules, regulations, and approvals do not deny the uses that constitute a site specific development plan as recognized in subparagraph B, above. Further, nothing in this Agreement shall preclude subsequent regulation of such established vested property rights as permitted under C.R.S. § 24-68-105, including but not limited to the application of Town regulations that are general in nature and applicability (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the F.M.C., and other Town rules and regulations) or the application of state or federal regulations, as all of such regulations exist or may be enacted or amended from time to time. The Owner does not waive its right to oppose the enactment or amendment of any such rules and regulations; however, it is specifically acknowledged that the application of lawful regulations of such 2 types may adversely affect the ability of the Owner to recognize the uses set forth above, and that no statutory vested rights shall exist with respect to such uses that are so affected. D. After expiration of the term of the statutory vested property rights set forth herein, the Property shall continue to be subject to the ordinances, resolutions, rules and regulations of the Town for so long as it is located within the municipal boundaries of the Town, and the statutory vested property rights established by this Agreement shall be deemed terminated and of no further force and effect. However, the termination of such vested property rights shall not affect any common-law vested rights or any other rights arising from this Agreement or from any Town permits, approvals or other entitlements for the Property. 4. Right to Cure. Before bringing any action against the Town under this Agreement, the Town shall be given written notice of any claim of a breach or default by the Town hereunder and the Town shall have sixty (60) days after receipt of such notice in which to cure any such breach or default; provided, however, if the breach or default is not reasonably susceptible of cure within such sixty (60) day period, the Town shall be given an additional period of time as may be reasonably necessary to complete the cure provided that the Town commences to cure the breach or default within such sixty (60) day period and thereafter diligently pursues the same to completion. 5. No Town Responsibffity for Outside Causes. The Town shall not be responsible for and there shall be no remedy against the Town if development of the Property is prevented or delayed for reasons beyond the control of the Town. 6. Owner's Remedies. In the event of any impairment of the statutory vested property rights established hereunder, the Owner agrees its sole and exclusive remedies for the impairment of such statutory vested property rights shall be those set forth in C.R.S. § 24-68- 105(1)(c) as in effect on the date of execution hereof, and the Owner specifically waives all other remedies with respect to any such impairment, including but not limited to contract damages. Notwithstanding the foregoing, the Owner further agrees that its sole and exclusive remedy for any such impairment resulting from an initiated measure shall be the equitable remedy of specific performance, and the Owner specifically waives any other remedies. 7. Recording of Agreement. The Town shall record this Agreement at the Owner's expense in the office of the Clerk and Recorder of Weld County, Colorado, and the Town shall retain the recorded Agreement. 8. Binding Effect of Agreement. This Agreement shall run with the land included within the Property and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 9. Modification and Waiver. No modification of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement, and no waiver of the breach of the provisions of any section of this Agreement shall be construed as a waiver of any subsequent breach of the same section or any other sections which are contained 3 herein. This Agreement may be amended only with the prior written consent and approval of each of the parties hereto following public notice and public hearing. This Agreement may be amended by the Town with the mutual consent of any subsequent owner of any portion of the Property without the consent of other subsequent owners of other portions of the Property so long as such amendment affects only the amending owner's portion of the Property. Any such amendment shall be recorded in the Weld County, Colorado real property records and shall be a covenant running with the land and shall be binding upon all persons or entities now or hereafter having an interest in the Property subject to the amendment unless otherwise specified in the amendment. 10. Addresses for Notice. Any notice or communication required or permitted hereunder shall be given in writing and shall be personally delivered, or sent by United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed as follows: TOWN: Town of Firestone 151 Grant Ave. P.O. Box 100 Firestone, CO 80520 Attention: Town Manager With a copy to: Light, Kelly & Dawes, P.C. 1512 Larimer St., Suite 300 Denver, CO 80202 OWNER: Flatiron Constructors, Inc. 10188 East I-25 Frontage Road Firestone, CO 80504 Attention: General Counsel or to such other address or the attention of such other person(s) as hereafter designated in writing by the applicable parties in conformance with this procedure. Notices shall be effective upon mailing or personal delivery in compliance with this paragraph. 11. Previous Agreements. All previous written and recorded agreements between the parties, their successors, and assigns, including, but not limited to, any Annexation Agreement and Cost Agreement, shall remain in full force and effect. If any prior agreements conflict with this Agreement, then this Agreement controls. 12. Title and Authority. The Owner warrants to the Town that it is the contract purchaser of the Property and is acting with the consent of the record owner of the Property. The undersigned further warrants to have full power and authority to enter into this Agreement. 13. Severability. This Agreement is to be governed by and construed according to the laws of the State of Colorado. In the event that upon request of the Owner or any agent thereof, any provision of the Agreement is held to be violative of the municipal, state, or federal laws and hereby rendered unenforceable, the Town, in its sole discretion, may determine whether the remaining provisions will or will not remain in force. If, by the action or upon the request of any person or entity other than the Owner or an agent of the Owner, any provision of this Agreement shall be held to be invalid, illegal or. unenforceable, it shall not affect or impair the 4 validity, legality or enforceability of any other provision of this Agreement, and the parties agree to renegotiate that provision so that it is valid, legal and enforceable and to reflect as closely as possible the original intent of the parties hereto as. expressed herein with respect to the subject matter of the provision. 14. Adoption of Agreement a Legislative Act. The adoption of this Agreement, and any amendment to this Agreement, shall be'deemed to be a legislative and administrative act of the Town, and not as an act of the Town in a judicial, quasi-judicial or other capacity. 15. Covenant of General Cooperation. The parties covenant and agree to cooperate in good faith with one another in the performance of their respective rights and obligations hereunder in order that each may reasonably realize their respective benefits hereunder. 16. No Third Party Beneficiaries. Except as otherwise provided herein, none of the terms, conditions or covenants contained in this Agreement shall be deemed to be for the benefit of any person not a party hereto, and no such person shall be entitled to rely hereon in any manner. 17. Headings for Convenience. All headings and captions used herein are for convenience only and are of no meaning in the interpretation or effect of this Agreement. 18. Applicable Law. This Agreement shall be interpreted and enforced according to the laws of the state of Colorado. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. ATTEST: Judy Hegwood, Town Clerk TOWN OF FIRESTONE, COLORADO, Chad Auer, Mayor 6i OWNER: FLATIRON CONSTRUCTORS, INC. By: Title: ACKNOWLEDGMENT STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2011 by as of Flatiron Constructors, Inc. Witness my hand and official seal. My commission expires: (SEAL) Notary Public z EXHIBIT A LEGAL DESCRIPTION FLATIRON ANNEXATION KNOW ALL MEN BY THESE PRESENTS, FLATIRON CONSTRUCTORS, INC. BEING THE SOLE OWNER AND PROPRIETOR OF THE FOLLOWING DESCRIBED LAND, TO WIT: LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, IN THE COUNTY OF WELD, STATE OF COLORADO, PER FINAL PLAT RECORDED DECEMBER 30,1991 AT RECEPTION NO. 02273563, IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY, TOGETHER WITH LOTS 1 AND 2, FLATIRON PLANNED UNIT DEVELOPMENT 11, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED APRIL 17,1998 AT RECEPTION NO.2606946, IN SAID OFFICE OF THE CLERK AND RECORDER, TOGETHER WITH LOT 1, FIRST AMENDMENT, LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT 1I, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED FEBRUARY 25, 2010 AT RECEPTION NO.3677984, IN SAID OFFICE OF THE CLERK AND RECORDER, AND TOGETHER THAT CERTAIN UN -NAMED PUBLIC RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, LYING WITHIN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, SOUTH 00020'42" WEST, 34.42 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633, IN SAID OFFICE OF THE CLERK AND RECORDER; THENCE ALONG SAID EASTERLY PROLONGATION, PARALLEL WITH THE NORTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, NORTH 89-34'18" WEST, 21.63 FEET TO THE NORTHWEST CORNER OF LOT 1, SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, SOUTH 00003'20" WEST, 2580.48 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 00003'20" WEST, 20.00 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER, SECTION 11; THENCE ALONG SAID PARALLEL LINE, NORTH 89°40'08" WEST, 751.61 FEET TO AN ANGLE POINT 1N THE SOUTHERLY BOUNDARY OF LOT 2, SAID FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2 THE FOLLOWING TWO COURSES: ]) NORTH 84°37' 14" EAST, 201.00 FEET; 2) SOUTH 89°40'08" EAST, 471.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2, BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 36°45'06" WEST; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING 10 COURSES: 1) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°11'34" AND ARC LENGTH OF 92.84 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 26°39'07" EAST AND CHORD DISTANCE OF 89.54 FEET; 2) TANGENT TO SAID CURVE, NORTH 00003'20" EAST, 456.41 FEET; 3) NORTH 89-38'18" WEST, 426.23 FEET; 4) SOUTH 05°41'40" WEST, 159.99 FEET; 5) NORTH 89°40'51" WEST, 198.38 FEET; 6) SOUTH 37-38'18" WEST, 63.69 FEET; 7) SOUTH 64-04-45" WEST, 61.12 FEET; 8) NORTH 88"59'11" WEST, 119.00 FEET; 9) SOUTH 03°28'51" WEST, 35.99 FEET; 10) NORTH 88-59-11" WEST 340.55 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF I-25 FRONTAGE ROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II, NORTH 05-45-50" EAST 601.73 FEET TO THE NORTHWEST CORNER OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, SOUTH 86"4246" EAST, 660.22 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG SAID EASTERLY LINE, NORTH 05°46'09" EAST, 1747.51 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00°03'54" WEST, 7.01 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633, SOUTH 89034' 18" EAST, 342.79 FEET TO THE POINT OF BEGINNING. CONTAINS 1,321,164 SQ. FT. OR 30.330 ACRES, MORE OR LESS HAVE CAUSED THE ABOVE DESCRIBED TRACT OF LAND TO BE ANNEXED UNDER'THE NAME OF FLATIRON ANNEXATION. EXIIISIT B Outline Development Plan and Overall Final Development Plan 10 LEGAL DESCRIPTION: - NJ4NFLLxExarME6EPIE][xrs MTWwcw:BSRucmNs.Lvp,6E,NErNe sELeavNER.Wp PRaFwETw➢FTxE r➢u➢wlNO pE3CWSF0 tup.,aw r: LOT,. FtwnROx Puw+,ov pPn npvElaPLeENI, w THE COuxry pF wee0. ]TATE OF CCaOPiaO. PERF NAL Ml IiEC➢la]Eo -CECEunER4,Eh AT REdEF•rmx xn[�REbE�N ME dFFIc pF MEGtENfFN➢PFCCROER bF a4p CONHIY rdOEMEgwtM m tL xs. ocwurr Arm ]rATE. RER FIxAi Pur REcoRamAFNE ti IweAr aECEFncN xo ]sAwE.W SNo_7q pF MEnuRNm gecuROER, TaceTxExwMLm t. FverA]ExouFm, tar,. aurWax PtAxNLu uxitkv¢wLrExTt ixem muNTrAx srATE. PERfwAMrr�cdm®FEexunnr x,n>,o.r _ .. ECErnprxd.�,w..Ws.xs LFFxf oFMELwm.xp REWR➢ER AAErxeIlE:R nuT �NrAw uxwweo wEuc . ��CE+aCWa ME EAST uns df sup wE]i Tar wmLwoArlalr aF r. pF,reu �nr �oFa c°Arl°ow le Fiam�rFgn nEVELpWRME�T Axp THE PaxroFE�EaowlNa; MErtCE At➢NG THE sduFxFarPR[AAHCAT Oti OF 6A� EAMlFSY lmE sartx m+ATp WEST AmFEErrpA9NETNAT O PNUusL WITH un ptsTAm N[wMFPiY Sam FEET, NEAEUFECAT RRLtr ul4TE9, FRmL ME SIXrrLLERLv{tNE KBFAwF3T n]AF OF rNE 60MnnNCET ppuifER, 6ECTWN n, £nCE ALO++O uIp RuuLLE! SatE, N®rtrt L]']epy wE]T, r]1Ai fEE[ ro Fft AFLGIE PC[1T W ntE 6aVMERIV EtexMC.NY CP Lm 2 WIC FLAItRdv FLµxEp uNp CEVF11iLeiuT; MErtCL ALoxo ME apun�Lar eounpFEr w su➢Lm xT� FaurnrwpTxommsEs� t, NCRYrt W'SlN'F�sT,ATa1FEm; ],SduixewNaw' FRET, NTt.0 FFFT re ME 6CIITNFF3TEL¢r CD.wERaR 8uo Lm; gEUPc rqE EEONkxCOTA xpFFTArEEN dvxvE COxGK MORMWEmERLY NAYINOA FALYVapF tp]m fFET, ME RAOµR NVIT OF EAIC [LME CL=Fxa xpgTN YNSa t�N NTLaA6TE RIl xAFFrwrTo: 9l npxrx Lv6C 6)xORM 165]tt'wLaT t,xm FFEI; ' 916WTN ma¢Et'wESr, ]5.0 sFET - +91NMn�EPwT,'vu[]r]N0.56 FEET is nE spuFFnuE6TERLT CORx[gW nRON atiAxm Cxn CEWE1.OFMEm.- BEIROAPOIVToxMEVSTEIavgNMraF.wAv yL]6 giMTA3ERwp - ' TnExCE.LLdxO 3An EAVFxvAV AWI ME WE6TEP1vEOpxsARv OF BADFLArwaN FuuuE9UNIr CEYElIXTFLxr --sou EDu N[NHYI., OF —sup FI— P'wMEC uxp pEVELCPMFNI ILxtlirx 65•uTrl EAsr6pl,n FEETiOTTa. ncWnrAssT core+SR of awo MnRa� vwe.Epunrr vEYLF.weENr n.- so. Powro pi FEEi•E�iE�v ur.,�oF yo Lm,�FlArirso�rtr w�a�Irx uHLwo pE E��xr tl.eourn ervs.r EAvi.ewaxFEEr xavE rauaECTNeAoevE oE3vaemrweT of LAxnTo sEAewuLE➢ unpEA ME xitE w MmaNAVNEVATmv PROJECT CONGEPT:' to APPR➢%OAAlEIrA 9VT FT HIOFFICE,CaNtw.RauLAup LIST I gISR MIMII,Yw naBTR1— ➢iI➢N C - rL¢ txTEm of THE S — , ttEVEL —ul.. 1. 19 mCEFWETNE TuaEaACYRIEB.wCPERAcr—BVEINEEEAxOEMF THSIPI—EACF 1Nt6GFARxty. MlEppR aRalx4xLE WILL 6ERVEAE ME 2tFaNa OOCpxFxrs FCRrxE PROPERTY, M50uriuE ELYW p6EWCPFALE99EC wdx FwtMRAILFw1 oEVE•roLex[—SEUSIM MECPoPFPmT[F2 EUFem'E � � A�4TELRrvE KQW THE NWM PRFPFrsrc uFE. Wx� wIEL 8E I16E69— REGIONAL IMPALTS: Ia w.ms+Txe lOwx or FwESTpxE uReAvaRowM Wwxmgv- RASEe tmeN evsn.o ME FgpPpeM, iTIE MTEAntAxxEFATON LR[WEI6S ADDrtI6wL msmvq TAM B�6E µc AB9 ENVIRONMENTAL IMPACT VMQ&DCN: TnERE to tp NNpWw EVICFMEOF xEOopxLE{p ExVIg0.4MENTM. CCM?IOxs Ix WwECSIOfu WrtH Mw]rtE UTILIIIESi ST. vRu ARv sEweR slFMiTOME MLORERn. WTI�LwATER Fav Fu.N-D RRDlpEC BYMItFcllgAt w4lp OotET[v wnrEROIETyCt. MEPRORExFv la sEnvlCEpvAM ELECIRGIv GRA9ING: csuplwm m➢eewmM MS AravER,Nnon lxroTneraMrsFwEarexE . is REUTNE�r fuT.no o-Nfns srww N�JEF rp ME Noma weaE oErExncw+'alm6' Omn RptpFE Ax➢OL1MN ME FLtrNTd Ms .. i w+ABLE MFilquc RELEASE RA,Eg- ME WNCFT 16 THEN mN✓elspr9 THE CMIxEGl 6WF1EAWv0 MEFxuvrApTeRPtp. SERVICE AEO IREME - ELEPxG4' ugt ' SatnCE du - dF]N1RJA wFla CDIMrTwATER a61R10[ _ 6T VRux $NiRATL7N p6TR101 FpxE', rdvm dF FwEErwE ' FmE', FREF?VTEOrION CEFPoCT . RE➢REATKN sCN➢0.: .w4NW REL tRCUTATI�N 51'5TE�M: . CCE59IOr CF 1NE 9eErs WRRW1LYR—S.F rEL9 EKrFRgaxOEROLOrxeepFJtAN PLOP pCE a SFe[E�VEIutE M4t]A4+YIG ME HIXrtHEAarcowum pF TIEP]aE. TEEmmFo+[w o nauE ileiiAL�c xo6.p rmmEReanwEaMlsxE ovc rAilwoLpc.T®wrt�nwi•x�ErlNaxsr PE➢E6TRrw wrpvE>nLTAAR vaEFalvr, Ynu aE FOR EUPLpEE M66. ME RravATE sroL�E waA., •^ � urAtanw. rr4 %LA➢EA:ErA6xPTO TItE M19RpluC ENCWuaEm sFnvN;E T+fFi wFL.. OUTLINE DEVELOPMENT "PLAN FLATIRON ANNEXATION TOWN OF FIRESTONE COUNTYOF WELD - ' STATE OF OWNER I DEVELOPER: BMdAMT .. _ - - - ovnR➢n CUETRLCTpq. Wc. I6 E.IS6FgCWlA06 ROw . Fwf6ravE CO6DSaF �]A co�oRaDo CONTACT: EM,N EAMr�MTRdx�.�. SHEET 1 OF 2 - - TECHNICAL CONSULTANT:. SPEET INDEA', eoR TRrf sNEETAm wRrExr - svnE mtt, ]oF] LOF] O+ERLLL M�PELEET wo- MWp - - F:IrLWI�aFaet] ' coxrwr; aEREw p.cuv�Pe- :. i ... ExuL. ]R.�wuEunrnLeE cax TOWN APPROVA4: APFwwEE Er mETvvx sp+wpff TmnTEEsa1HETowx aF FwEsrotaE: raawaoTxE .. uxrtE LwrdF Ej_BY dRnrxNF�xo MAi6t ATTE6r- rONx C.EFa: - OWNER'S ACCEPTANCE: %mN �gEMs%��1-11 E9 um AFCFPn AUCFMEL�utIREVEma Wvpt OWNER !W\ - srATev cwxrr of wEtp A' eNc wg ya,e�-I . _ - EME FCREd 19NA.l Y'IYA�'�wLe wG+�_'al aFv�r ]dl , MY Iwvv FNp . .. -I— dIDRN SCNEI( -LAND usE ANGZONING' - - fD 5 LEMrruCLTVFamICAtpp FwpFegry 18KF�CE uw LAWruLvpaTRUL En]rdExgmplF rFb - - Lk Cww4�LyrAEwE oNssrraL4 pLGNANNEANnCx TOFREs[aE. TNF FPLPEFTYp2Gvm Fvxvm _ ORE S CATEGpREE. —ENT wax EEUFI,pvL6Nl ICU :M, l�cIOINALC M6 ffLo-RC]Lv,Iupv+u 961MINGHI rLrT Ee ae�icI To aue-Ip'wxrwe�xWN�-x WrNF FREBTDE CEVELOPLLExr REc]EAnONB ON F9 Cur sE FSFRfrvEp a AF WUCEv'LVLEmsiwx, 9EN5FIY: - AurpLLTtpy B [Ov3NTEm mrN srum/ma FpeeMP,iA' o_ nE.wm swLLeens sEECFea W TxE Fl�sru.e EvaaRr�>Ir L�.cuur�p.o�NiilEuu EA�PPnspvEp pN AFnwL EEVEtaPFtENT Fvn. DEVELOPMENT SCNEOUIF: Y TxE A➢OrtGx of FLmurE 1E[wla111 Ta flAl�fQl wplEE ]. MEevmmstaxaF MTIRqu PLIp+, LOT2FOR Fprt,LE xEwatIEAEETEMAm6, tiv¢uowa lLE 6LLOLarpv - TAI]TIWaTN]NCF]srpm OrtNS WEMnCM MTamrP,tpL LOr TA>'PRDZWIFrY mpm EF w9t1{ RuclgN V ANOFFanTlaas DEPICT: &lEwNO CN FurPLTu RW t. LOT t APPRCTbATp.v E6m SF ETM1CCENN6AmOIut� ryE&11LGKf ON MTWLat FLW I. LOTt AfAtCm]ATFiYA,Omsix I NW 61W ar_Eneaa+cRETE BATGn PUNT wnq PREiIdrND OPFwAr]]In rxL MrwOu 1t. 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Eo, fr, m sxay.om.noraoHlEss NAVE CAUEE9 THE E9OrS pE3G6EOTPAC[ DF IAMlO BE AxHE�V ViAER TXExELI FLATiROx AxxE):Ancx. - OVERALL. FINAL DEVELOPMENT: PLAN FLATIRON ANNEXATION TOWN OF FIRESTONE ' COUNTY OF WELD STATE OF COLORADO SHEET 1 OF 7 ABBREVIATIONS: . slop n�w�i of NE'TEMLNC wAU Ai Ems' � enN6nE0 f.ytAOE . m ucel ea Exiswo mnE . E>t�awx CW,Ha FVC ARruExI CONnE�tLCV FIOrnE:tZ'ATKW f�wnir°E GPEpE eIFNt - narE vu,E new Poour INLET ix+ERr �owRa�r uHmuaE Enar¢q REFERE ENHturr -.. FroRu EOEwAuc TOPaofrB ' ironFaanx�ria+ ,Rw i �o r� wAu ni wATERNErER WATER vry . wATERvuvE vlCetm uEE •.tFm. 'PROJECT TEAM: a.meR�, oe�•eL�E un HVOTyC.dG a �xOlviAGEROAn P f9os1.eE-L¢v r: msf earain mxrAm. ewn ANr EfrML ElYl6fLAiRvi00RP,CLJu Eriwaao RLArAEaaevum wcasimE,m Axwow vnuLaE,mmr,t niol.e..ama.rs+E Emn�rin�e&�eFva <Ee wa, .AwdmnwARELuimw.cw� ' G4 � - $NEETINDEX: ca cnaneeT i amF. eF�F w�oRsse�'•� - - $ �g3� u� Eun sai EHv9roncoxmoiwH oF>w pETu exEr:r E F T o�. - pp BENCHMARK: BTE H vwRxvm�AEExrEt NwatAo 9C In Tx[,OP OFA WeG� Mpa��rR SIExPEO pletOSt. EIEL•Ariw-<F.uerus RrwAVReawnNn Q O - BASIS OF BEARING W.' ZD . eEMwG8 ERE 0F3sn On TlE wi9TLeE CELmBta9OE IiEWxVLa E1ELEP��n0, 9-Ltd-IIE.tan MRfCORDEOA}IEl5vri0n N003tgm{BFJwrtAHO!'bW'E ewxWEMB. � O F - '111 [Il ' -eEtw£ENIHEFNIA � cl LL APPROVAL BLOCK:' ExRm4�Ev rtE owxeNA00FTtLN,rF.e �TUGTdxWFlReireert.0o•OREOOrx6 NYRESO1E _.__ � LL ACCEPTANCE BLOCK ANC NOTARY: riuvo�L�:nruw,r� +�eEf�LE e�moyrnnaE 9FJ�_ Nr F tt wIME �� J 1 JVKINJ1pRry $LHEK 1 /A LL�Gf�omo�m xdr wwc yr�ErnAlEabq U�/Af �fC.7pi 15 u'wri}s'�F-rHi FLATIRON ANNEXATION COVER SHEET SHEET 1OF7 rwl P.� a,AtiH+ar roe Hu- s+,EET FDP'� p� m 90 qgn j� Thy^ �a oa E4� Le rn$ y° ;a =v •v 3ii g� AvESA ! F "_''tl-GI n F°ny S o ��v a L"Z13Qa'� m m 3 9 o a 210 ^I R R-Mrh'" m a o�yS���..os55FgR = 6� sn ;< loop MU j stk E_ n $ flip- j "�Rm TRF fib. n la$ ROW HE '� � iHE � �T§" B 3 .. 9 $ 3 $ O C m �m F r D 1 Z yoo? D U) O c z r Z.. mono . mm�r -{ T D m Np-n;u Z O O m m Z Ill HE �[�pEE' �CyV�� ° 4 � � I �AQsR ga , >g €��c�$_m FFp 1 1 'F �6a� �H gy 1. Y �aq �UP� � � a&��� �anW€ern T Z Rip g,. g `nt- a 1���g��g c€�=€s � �u Q5 NAM E. ur FF zD p N gg x 99, a# gs g n € M . . - - in Z 9S o� Q $ NARRATNE SHEET _ - - TI FLATIRON ANNEXATION .. WARE �( r/v 7��p r K OVERALL FINAL DEVELOPMENT PLAN - �'1�1�� L1'l�Li� 01�'1i7 TOWN OF FIRESTONt. CO fm0 for Cnn.,wrelal Fteal Fslak P.��#•16 f�i0blM25 OVERALL FINAL DEVELOPMENT. PLAN' FLATIRON ANNEXATION TOWN OF FIRESTONE COUNTY OF WELD STATE OF COLORADO - - SHEET.3 OF 7 FlFiEgip:E, W BUmx � .. - - GRAPHIC SCALE 1-25 SOUTH80L1NO xcmnv -�� � I ixm sax 10. 1-25 NOR —�� T7'760L1N�p ` - fI - _ E.1-25 FRONTAGE RppO A +I _ III FrAmRaN P,tlA.l, L6T II y I -�:••• I 4'I L D. 4LOr t` IlttxmpEt.p fRM?MERG C -��, 9�m I.�„ euww .j�9 r' woEc�iwc --� _�_�_ I I I'cr I aw 5s a wM.I x - 1 I l Uct... 111 1 rr - I I I I � �)T� I i � f,• � �,, N awvnie ulrnx .- "' rto-loa-sPEx-onxr_E-__ --S�x_tGxE_ -aEG�Gr--O_-RNCT�Eert-SaG``GS �E--_EN_pu.EM lfiT EtIm1u`nu¢R_FnixN_ FF,ttrsm,aE[maiu6a.t46xL➢a-[ xwo'-F-ax_°emre -------------- ­7- � P,I.. It tai-_-__`__ __-_____ ____ rr= II i ta. xFn3grhR1uEP.LLl0fuE1avNicEllOSraGTTwL+ExFlelNan6,:u,rauC, a3tni.tmfn.nGA GPLautu,mLlR;E OumNlr.oFixwDxREo.toulvtimoliawRtE9llurew' - EIUPTW / li N!3'w6tw i N, '�1 I �. '.I .. � •._ ..;t UFSKE i --, I " - - \1 Ara - ENt'vu oEx G�4 I i ev 11{I I -- ��/ I Ewa w I cs al � na•.R�mw twtR II "" \ I -� I - >r- �--;�_ � I up! � I• yy \ � ' _ _ ---------------- f1 ' I` 11 STmOr 3j. '3 � `4+ �y -_ AA .�i -V Furu vaaulu a oww Leua w.u• uxoRa sEx,muc x]a•a9ore _ - _ — xRawve. RM t' � � - _ � • � - _ - �___�- _ A ,gyp - "'• _ _oLw ti Y soo'orPow - xa.ar EASEMENT LEGEND ]D' +10E GSFYn1. Sr, vRw'I SxIo1x1GR ixSRtCi xOC'ra ]IP m - fWlglS GFMk:L xfl13 ot1FR VE fiSLY[Ilr PLC. NG. 3R99lSS-9LYP�1 • IC UtRpi GSf?'Lx] MlloD: �, Iq A)daW - I It' DF'Nx.10E fi5[IE[I} SLxiAGx P.UA P f31xL Ala] REC 10. ]S[169k . Ilf JU1 O2 FtiE+lfal YFA FAST /,tRIGhNI rylrlPoN ARM➢ 111r NHIGAYF)11 I PM/L PUl SB069.a ® IY us c,ml[m Mmaxt P.ua, x Fw1 Put qi xG. ]aG®ta ®- W' UPIIfT F15dOlr MINGY P,iL0. P¢. x10. PmaP➢ - # u[Lm � . Nww vePult]x ta[Im[ � NRI. agnp • a' [l0.il� MSuapr Pmn P ntLt PUS I[G, 110. ]W69t6 . laNltlt' IExI M16CFI PNA F£C, xa PIIPEW ttaL•[Im Pax u[mm Pp.0 ac, ar_ xom]er's - tee' 1JIRAri alx]6 tE]Pi,tpc 3M1 lIlLGFFPl1 COxP.vn cgovm raft. W. ts.ossa EASEMENT LEGEND V F EECtlit [Nv3mxr uglm vw[n x6 ]P]]POl - NN:E GSOEa} FSLtILS➢ M IOIS I FtIG 1 WE CV[nEYFD SG GPTdFHI PtMRS �iF9N P.U.G. F hSL F4V PEC N0. S60BWE ®®®• ALSFRInrITI itKe NrLVl ApIS-0P-xM xCOL61RRl (/ 1-]E FPGMKE R0.1G AEG N0. ]SPWlS - •Mal, bua SL'af1Rt WiNL V1alr! FJEEv9t] IdC xG_ ]➢sSU1R - W dYE 5 Vsleln laLvx¢'x vswn A'PEFW:1 lfiC. tq. 3e1616e Sf S. VRxLI SW}FRF GSR[S 11111RI FJCi]IFA} P[t, q. ES.HI - 17 urElfr F/SEtpr Mtxmx v.un me 1x1 ?3)C561 IR Ew4LLNl ]0 P0.TY�W�aNm wrNSL fu G ee, !RG XG, mxxHP PAWxI�E FASIWt A Fw41EM HC xb. ZbTAf . ss' ruoE aart m vrRR' Pan wnrtwx IwLar_ us ca. rcc w. xw9us • M ulun r,LmA]:I ax. lo. nalwa ®x Ea PxW..a• EASEMENT LEGEND Stl RIpR OF slr EASflgm T Va 4+MSL ElE4 +G +Ls�oallM IffC In tl®64] 2:i PY 1 GG ai CtSpCM rp (FMk:L Npp (bUNrP a1FA 061RCr RFL AV. ISS]5G0 6LYImR 9Cfl PIAS PEC KL P19.1115 - bYSS EaElrt]li .YSIIxFM PFt W. P19SHa 2W al, N+W S+xvbPx otiltaLT VRm' FAXI[nl L x0. atxalza . 9r. NW Ssm4m' GS]I¢r SS'PIX FiAll[m m x0. ➢qW92 .. aL6AGr FapFpmr51r3mt HIR(w. �' x0- 11� ntP 6 xa Z6]a6P m MI NF[C] PC LEGEND Exs]Ixc wNxsxvrwx mlAasrr — _ _ PSaFRry VE -.� _ _ _... _ _ - v��M RPm l6JTRA . _ _ _ tEmn'a ono m�� - omL sLwER' --1�'-- MmtNrt BEn'ER - _ _ .. F� a� All, FLATIRON ANNEXATION ADDRESS MAP mE 0s BNMTK: Osv-R.0 Fwi �iELOnI@N FEFq Iux�R ' PIveE NLW SE[t pF�P�P,Rm; a cErSrxsER 1. Sa.O IILV6:UI QIiE PEarewerm Renax]x a � tt.3M'nl REvlsmu dte: onoaEam.mSv la<vgnn wn: SHEET 3 OF 7 FDP OVERALL.FINAL DEVELOPMENT PLAN FLATIRON ANNEXATION TOWN OF FIRESTONE ' COUNTY OF WELD - STATE OF COLORADO- - ' - SHEET 4, OF 7:. - - - - - oe�pcfaspt� � I - ' 9GFSEl: tI.EYP Eb9,wtl MTE f �' TO BE rmOG1m.4m ' I Jw,EDCxO acTt�pu�Nol4p- 1� + uLwRM06XOLYDEN9/:SEG • I 's10CwiE Eit9ivq' I � XixCe TO xdr,n 9mE ' _ M1W,Iu •.,.pp ` �— '-9' _ f- LF PxOv09E➢uVYE z ws, rm — GRAPHIC SCALE O _ p 7_ 'wa two —__ roro q"ITE wwE. w n w - «omgsnrwns- R _ w . s,u lwta wi0tG6E6rRNhlE O —_ r.. $g I w R I UJ 0. Z n- o a'uv�les=«,. amrace rnrv.lE H rF1nE,nn+E �' 1LL j 1 `rsE OFrn r,.TE mtx Q..� u. 11 �tl-��� I- BTgw 6EwA ,e4aw.ruvioE� P � z. w. - xax iE 4i � I Li. o LL LEGEND WK, LINE LHNGTH 5FARING Y411�C1F g YLLYtrne 9tpoE9EwFA '�• ' fl O' n MpET C a q - - - aaw.vamw _ .CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD BEARING Y4 9Pw 3G'3E`1w t>-1e }a.ee ">tE (A 1EAi mA] t1B•93'� t9dl Eri'i9Et'L GENERAL NOTES: ie.0 sew u•xIr aT, l..0 Il trza•L ' CM E3.« w.w w•:fzJt' ,3.,E M.IS H1PtrJ}f - fFERENCE SlkET34Ch GOR NEIXfuo:o t,OIEA eFlvduwaup BABto pF �6 CSI no•tats e.h AEI 33]'OiFw a u.L PnvEVExY e.,.: a[T-mwEasLtiufvnt EsrwLT. , - CSY r:� m smvv !.m ,Ar n«•tl�,E CEO T.vs �.w 90•N* E.w 1M 8.1'IYb`f pl eat 6eo 95•ttrtP E4L .SEYY,I•E FSAnRON ANNE%ATIOH SITE PLAN FltwG wN6E6�aa:,lK: SVFPwta.FuvEt.OEVfWGtICM ftMt - - _ PIEPNY.t1CNG 6EPTEmErli ,9tC oFw�B,: uO .. ' Ffvt9�OHKiE: � GE&iWuv N,N,t . - ItM�4KN WtE: CLTCEEROG.MIt 6XF2, - SHEET 4 OF 7- 9rw0 PPrvAl[ — roxwE onoPoszo ��m r P. re . 1 1 uwe� m _w xeteewn, I � esLe�w wv� 51 I OVERALL FINALDEVELOPMENT PLAN FLATIRON- ANNEXATION I OWN OF FIRESTONE COUNTY OF WELD STATE OF COLORADO P.eaurxabAcc�soxrve 'd + a,110n FFtO» v"pPL6Ep ' SHEET 5 OF i 1Om}-i rAVEo ow�rouiam,n � ?'. �A„�LA��aoxx� jf 1 I r xc r PR�o� a e f ' .9LwL�avfWEF"T I GENERAL NOTES: ABBREVIATIONS: +. PEiE'iLxcl: Bx ox aea»iaeo xorea , eExcnwuu:Eo �a�eiiee.ruxe. . eLev: Lew,io wuecn�iwaF�nix.w w�ux� z caero�.x E�vnw. exnu»ucemvwcaaocx�.- m Hw iFiSxao pUOE Ar 90,1GN6RarµaINCI WAt1 ]. 6PS,¢bvATgr6lxowxu@TOROav NLM xwwror ExvosEo xeruwxo wAu omoewiseamm, SCALES- �ERr,ry AroPoseo nerLiau� w.�u. _----_-----__ ____ . o U� GRAPHIC SCALF S �a Rer, z O .Z h, a w LLJ i %- y Z w Z z o` 0 � LL 4 0. TYPICAL CROSS SECTION DETAIL LEGEND FLATIRON ANNEXATION GRADING PLAN --- ns, __ m+n,ae r mox.rxrx�rlox _wyyE '6� . rrie ci eLe�rtr.L: areP.tz �oe.zL�v¢LVL.L, an.vs.. eroro.sewtR �A vuxoxuwoc xca.ow. .PePuwna.oAre; oLvre..ex rFnsoxoA,E M © L= Risr - O 0 O Plveox w.,E. SHEET 5 OF 7 4r J FDP OVERALL FINAL DEVELOPMENT PLAN . FLATIRON ANNEXATION j I I TOWN OF FIRESTONE r COUNTY OF WELD f STATE OF COLORADO SHEET 6 OF + +- f x®TnuO PRNATE' � -% �- �Asrxuron�vc IF j BENm -. I. I iP XLFT H EE a n m>p31W 9�pR�n$q nr vuAid • 333m d36 ErcP %M w art ��rR evn witihq mm m3� mru P'br n P�9r+R 3I3fIo9on a F i7i7TTf� �� — � I i »�99e I Fm r,�w.,nwf em3 uv�rexa Etrwr.,ml ' F<aunE cn . 1MPeRryy-P�P.ex, °RAP40ECWIFRN YAxuAl ry, 9) fYwarNL'GTtMi fa:SI3KNA6EMEMRUCi�CFe h ti L fERCP msrP.3nnoN f DETAIL - - mm„mY-§11T FR NNCrER0.SION gARRfER - b¢Fau E•wi�e axr �' wisa uE.�.sww,ac�r+w I m I J 1- GENERAL NOTES: 3 Esmr'r. eHEere EOP�ruR Raw Reonme9. ( BFxbuuryc hxo EA I3 OP EFMw°. ICO31dq ELEV�i Qv3lIOANARE rp PPilg�Ep Ig !� � �vrRw, sRonRAia rna�miE LEGEND -M/WUGELAISERu 34MfK N.3}, CdiSiWICTOR pFBT 3wuGlh@M PRA4rILE8 VEHICIE TRAc104Q CONMOL Dffi5� 443Ytrtl ptl b bJ C WYb G h51o4r Yyno py Re3 m P auk Eaanr n R31hv a..Rwa a ma v.p�e3ya ,� pmic roml. 4 Rxb .mlmP n nma . No: arp iiE+iael. tr m. v..rr an s uaR n m v YW®w r PmuRe ca o-3ag w3 emE[r RV4ei GlhwgM'm - .a 3 P.Er o e c= E�qy ARRdV .-- BMP LEGEND: �-� ® IP w[EiPRCrECixxi O R VrC YQIICIE TMI,huN°CaNIPOE O . �' H Z. O U - FL4TIRONANNEXA7I0N D EROSION CONTROL PLAN & DETAILS oa rr ivmRAw¢RArr lL ' vPeaw°wrri u•Enw Fwu aP3s.RrP�.w xe ro: aErRPAiv+wre ecPrEu°rn i.mi oATe: _ m EvrsARn.TE: n4vi�. �� 3�r =�R SHEET 6 OF 7 . r�SE ArEN.x RI90E Of Ert11 P(r515). sx�-sots sx xv m�wrtcwrc rtv�v.' RE rvaE f�smc. ,rsnu m -,ri' P` nrbx[o loot, m. rp�i npx fGl�[C ��OC 33 f �°I �.�•a ,ur iEi F� `I. inx[R[ occurs ND F�' �Anx unX 4 M. CHAINLINK FENCE ECn�L: ,/;-Y-O L9rc-Cnan�t�nu-m OVERALL FINAL DEVELOPMENT PLAN FLATIRON ANNEXATION TOWN OF FIRESTONE COUNTY OF WELD - STATE OF COLORADO - SHEET 7 OF 7 ure sE ocre- -. Q ANODIZED FRAME AND -$[GN BO% - WrcwR¢ ss�RE.r" OV SIGk VENDOR. PRECAST CAP BELOW WITH MITERED �s wsuioMn a i�¢•¢G C CORNERS TO MATCH RMD, - SECTION A P STANDARD CMu IAIAFURLLSYPGGROUTED SIGN SUPPORT FOR ABOVE: SIGN - - BOX BY SIGN VENDOR - - ROCKED RMU BASE. USE _ _ Cdx¢ Ip¢rryK p - - w �' ow�wns"m'�.vrcm SLIDING GATE TRACK roE©©®o - fGfY[�Q'Jd E�a�l�QO - - fil Qf'JIl1 I memo Fall ��11[ SECTION B. CORNER PIECE AT ALL EXTERIOR CORNERS. ANODIZED'FRAME AND SIGN BOX - BY SIGN VENDOR, Mn`f 150 SF... PRECAST CAP HELOW WITH MITERED CORNERS TO MATCH RMU. EF�a ROCKED RMD BA5E, USE.. Sp-0.. CRNER-PIECE AT ALL EXTERIOR CORNERS, MONUMENT SIGN ELEVATION SCALE:', 1/a'=1'-0• (L5IMn 4oy . ST E PER RLf rLO. DETAR 11-1 r— —N.. POST. B" °I°E BO 1) pE-- —c AREASrt IIN PAVED art MUTCD STANDARDS: STOP SIGN I. sl,E smrs<¢.swu¢sAx ocrmsxmRAmmeEef;EroAAneaaExw Arm evwa z. —aws PENa eE warwxe a TM na.sr ese s T—owtua ­. STOP SIGN Ror ro scAEE { FLATIRON ANNEXATION_ -DETAIL SHEET -DETAIL SHEET SHEET 7OF7 au N J H in '41 o� GY. � O oo U L[J a z z o a Z Q 0 OF �i LL o �g ORDINANCE NO, 723 AN ORDINANCE APPROVING A TAX REBATE AGREEMENT WITH FLATIRON CONSTRUCTORS, INC. WHEREAS, Flatiron Constructors, Inc. ("Flatiron") is annexing to the Town an approximately 30.33-acre parcel of propertylocated at 10188 East I-25 Frontage Road, Firestone CO 80504 and legally described in Exhibit A to the Tax Rebate Agreement accompanying this Ordinance (the "Flatiron Property'); and WHEREAS, Flatiron intends to maintain and develop the Flatiron Property as a Planned Unit Development for Regional Commercial (PUD-RC) and Employment Center (PUD-EC) land uses, which uses include but are not limited to 81,234:square feet:ofnewly expanded office space housing Flatiron's regional corporate headquarters; and WHEREAS, in connection with its use and additional development of the Flatiron Property within the Town, Flatiron will make certain improvements to serve the Flatiron Property which improvements will include, but are not limited to, the construction of public street, traffic control, potable water, sanitary sewer, and storm water improvements; and WHEREAS, because of the location of the Flatiron. Property with respect to existing Town utility services, the condition of existing streets providing access to the Flatiron Property and other existing conditions, the costs of future improvements for development of the Flatiron Property will be significant; and WHEREAS, recognizing such costs and that Flatiron's facilities, operations and development within the Town will provide additional primaryjob creation within the Town, the Town desires to provide certain assistance to Flatiron in connection with the annexation of the Flatiron Property and location of Flatiron's regional corporate headquarters within the Town; and WHEREAS, for such purpose, there has been proposed a Tax Rebate Agreement between the Town and Flatiron, for rebate of property taxes to Flatiron for a limited amount and time period, and upon the terms of the proposed Tax Rebate Agreement accompanying this ordinance; and WHEREAS, the Board of Trustees finds that the annexation and development of the Flatiron Property, and the property tax rebates by the Town to Flatiron contemplated by the proposed Tax Rebate Agreement, are consistent with the Town's economic goals and objectives and promote the best interests of the Town; and WHEREAS, the Board of Trustees further finds that execution of the Tax Rebate Agreement will serve to provide benefit and advance the public interest and welfare of the Town and its citizens by securing the location of an economic development project within the Town; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Tax Rebate Agreement ("Agreement"), between the Town of Firestone and Flatiron Constructors, Inc., a copy of which is attached hereto and incorporated by this reference, is hereby approved. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Agreement on behalf of the Town, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Agreement as the Mayor detennines 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:firtherauthorized 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 give effect to the Agreement and the terms and conditions thereof. Section 4. If any article, section, paragraph, sentence; clause, or phrase of this ordinance is held to. be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this. ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisyju day o ; 2011. Z Li Chad Auer Mayor ATTEST: J udy egwoodxTO �'� Town Clerk r 'O a� TAX REBATE AGREEMENT THIS TAX REBATE AGREEMENT (this "Agreement"), is made and entered into effective as of the day of , 2011, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado (the "Town"), and FLATIRON CONSTRUCTORS, INC., a Delaware corporation ("Flatiron"). RECITALS A. Flatiron is annexing to the Town an approximately 30.33-acre parcel of property located at 10188 East I-25 Frontage Road, Firestone CO 80504 and legally described and depicted in the attached Exhibit A (the "Flatiron Property"). B. Flatiron intends to maintain and develop the Flatiron Property as a Planned Unit Development for Regional Commercial (PUD-RC) and Employment Center (PUD-EC) land uses, which uses include but are not limited to 81,234 square feet of newly expanded office space housing Flatiron's regional corporate headquarters. C. In connection with its use and additional development of the Flatiron Property within the Town, Flatiron will make certain improvements to serve the Flatiron Property which improvements will include, but are not limited to, the construction of public street, traffic control, potable water, sanitary sewer, and storm water improvements. D. Because of the location of the Flatiron Property with respect to existing Town utility services, the condition of existing streets providing access to the Flatiron Property and other existing conditions, the costs of future improvements for development of the Flatiron Property will be significant. , E. Recognizing such costs and that Flatiron's facilities, operations and development within the Town will provide additional primary job creation within the Town, the Town desires to provide certain assistance to Flatiron in connection with the annexation of the Flatiron Property and location of Flatiron's regional corporate headquarters within the Town. F. The Board of Trustees finds that the annexation and development of the Flatiron Property, and the property tax rebates by the Town to Flatiron contemplated by this Agreement, are consistent with the Town's economic goals and objectives and promote the best interests of the Town. G. The Board of Trustees further finds that execution of this Agreement will serve to provide benefit and advance the public interest and welfare of the Town and its citizens by securing the location of an economic development project within the Town. H. Flatiron acknowledges that property tax rebate payments to Flatiron are subject to the terms and conditions of this Agreement. 1 NOW, THEREFORE, in consideration of the recitals set forth above, which are fully incorporated herein by reference, and the mutual covenants, agreements and provisions contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Town and Flatiron covenant and agree as follows: ARTICLE I DEFINITIONS For the purposes of this Agreement, the following terms shall have the meanings set forth below. Section 1.01 Accrued Amounts. Those amounts consisting of one hundred percent (100%) of the ad valorem property taxes actually received by the Town by application of the Town's Property Tax upon the Flatiron Property and Flatiron Personal Property, such Accrued Amounts to be accrued only until the limit in Section 3.07 is reached and subject to the terms and conditions of this Agreement. Section 1.02 Accrual Date. The "First Accrual Date" shall occur on the last day of the first full calendar quarter following the month in which the Town first receives property tax revenue from the application of Town's Property Tax upon the Flatiron Property. Subsequent Accrual Dates shall be the succeeding last day of each calendar quarter (i.e_, March 31, June 30, September 30 and December 31) until the limit of Section 3.07 is reached or the Repayment Term has elapsed, whichever first occurs. Section 1.03 Affiliates. Any legal _ entities controlled by, controlling or under common control with Flatiron. Section.1.04 Board. The Board of Trustees of the Town of Firestone, Colorado, as it may be constituted from time to time. Section 1.05 Flatiron Personal Property. That personal property located at the Flatiron Property, owned and used solely by Flatiron and its Affiliates for their own business purposes, and scheduled by the Weld County Assessor as taxable -personal property. Section 1.06 Flatiron Property. That real property described in Exhibit A. Section 1.07 Rebate Payments. Quarterly payments by the Town to Flatiron of the Accrued Amounts, made subject to the terms of this Agreement. Section 1.08 Repayment Term. The term commencing on the First Accrual Date and ending eleven (11) years from the First Accrual Date. Section 1.09 Town Property Tax. The Town's ad valorem property tax general operating mill levy as certified year-to-year by the Town to the Board of County Commissioners of Weld County. The Town Property Tax does not include any mills certified by the Town for bonds, bond redemption, any other debt or contractual obligations, or for refunds, abatements, or other dedicated purposes separate from the general operating mill levy. 2 ARTICLE II REPRESENTATIONS AND COVENANTS Section 2.01 Representations of the Town. The Town represents that: (a) The Town is a municipal corporation of the State of Colorado; (b) There is no litigation or administrative proceeding pending or, to the knowledge of the Town, threatened, seeking to question the authority of the Town to enter into or perform this Agreement; and (c) The Town reasonably believes that it has the authority to enter into. -this Agreement and, assuming such authority, the Boatd has duly authorized this Agreement to be executed on behalf of.the Town. By entering into this Agreement, Flatiron acknowledges and accepts that no representation or warranty of enforceability of this Agreement is made by the Town. Section 2.02 Covenants of the Town. The Town covenants that it will cooperate with Flatiron in Flatiron's efforts to defend against any challenge or litigation brought by a third. party concerning this Agreement, provided however, that the Town, is not obligated to expend any monies for such defense, including without limitation attorney fees, costs, or any other professional fees. Section 2.03 Covenants of Flatiron. (a) In its -development and use of the Flatiron Property, Flatiron will comply with: (1) all Town ordinances, resolutions, rules, regulations and procedures, including without limitation all zoning and subdivision codes and development regulations and all uniform construction codes and street and utility construction and design requirements; (2) all applicable federal, state and county statutes, codes, rules, regulations, and ordinances. (b) Flatiron shall comply with the Indemnity Obligations as set forth in Section 5.03. (c) This Agreement shall not be deemed to prohibit Flatiron from pursuing an abatement or valuation protest; however, in the event Flatiron pursues any protest, contest, abatement or other relief that results in any reduction of or offset against property taxes received by the Town, the Town may offset the amount of such reduction against any future Rebate Payments or may require that Flatiron pay to the Town the amount thereof, which shall be paid within thirty (30) days of invoice by the Town. (d) Flatiron shall never claim a Rebate Payment for any property that is not Flatiron Property or Flatiron Personal Property, nor shall Flatiron structure or undertake - any transaction . solely for the purpose of qualifying the same for a Rebate Payment hereunder when such transaction is not otherwise qualified. (e) Except with the prior written consent of the Town, as evidence by a written amendment to this Agreement approved by the Town Board, Flatiron shall not seek to disconnect from the Town any portion of the Flatiron Property, and Flatiron hereby waives any rights to seek disconnection pursuant to state law, including without limitation C.R.S. Sections 31-12-119 and 31-12-801 et se . (f) Notwithstanding any other provision of this Agreement, this Section 2.03 shall survive termination of the Agreement and be enforceable until all legal causes of action are precluded by the longer of the applicable statutes of limitation or notice of claim filing requirements of the Colorado Governmental Immunity Act, for claims subject to such notice requirement. Section 2.04 Representations of Flatiron. Flatiron represents that: (a) Flatiron is a corporation duly organized and validly existing under the laws of the State of Delaware, is authorized to do business in the State of Colorado, is not in violation of any provisions of its organizational or operating agreements, has the power and legal right to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action, which Agreement shall be enforceable against Flatiron in accordance with its terms; (b) The consummation of the transactions contemplated by this Agreement will not violate any provisions of the governing documents of Flatiron or constitute a default or .result in the breach of any term or provision of any contract or agreement to which Flatiron is a party or by which it is bound; (c) There is no litigation or administrative proceeding pending or, to the knowledge of Flatiron, threatened, seeking to question the authority of Flatiron to enter into or perform this Agreement; and (d) Flatiron is sole owner of fee title to the Flatiron Property described in Exhibit A. ARTICLE III REBATE PAYMENTS Section 3.01 General. In consideration of the annexation of the Flatiron Property to the Town and performance by Flatiron of its obligations under this Agreement, and subject to the provisions of this Agreement, the Town agrees to account for and maintain written records of the Accrued Amounts, and to make Rebate Payments to Flatiron as described in this Article. Section 3.02 Payment of Rebate Payments from Accrued Amounts. The Town shall make Rebate Payments to Flatiron in anamount equal to the Accrued Amounts. The Accrued Amounts shall accrue on each Accrual Date. Rebate Payments shall not include any interest, and the Town shall never be obligated to pay any interest or carrying cost or charge of any kind whatsoever on the Accrued Amounts, except as set forth in Section 5.02(b). 4 Section 3.03 Timing of Rebate Payments. (a) The Rebate Payments shall be paid to Flatiron by the Town on the last day of the second month that follows the closing date of each calendar quarter (i.e., May 31, August 31, November 30 and February 28, each a "Payment Date") beginning on the last day of the first full calendar quarter that follows the month in which the Town first receives property tax revenue from the application of Town's Property Tax upon the Flatiron Property. (b) The Town shall make the Rebate Payments to Flatiron by check payable to Flatiron Constructors, Inc. at the following address: Attn: Paul Driscoll, Chief Financial Officer, Flatiron Constructors, Inc., 10188 East I-25 Frontage Road, Firestone, CO 80504, or to such other address as may be designated in writing to the Town.. (c) The Town will pay to Flatiron, as Rebate Payments, the Accrued Amounts" until the limit set forth in Section 3.07 is reached, or the Repayment Term in Section 3.06 has elapsed, whichever first occurs. The Rebate Payment payable on the first Payment Date shall equal all Accrued Amounts accrued as of the Accrual Date immediately preceding the first Payment Date. Each successive Rebate Payment shall be payable on each successive Payment Date and shall equal the Accrued Amounts accrued during the quarter ending on the Accrual Date immediately preceding the respective Payment Date. Notwithstanding the above, no Rebate Payments shall be made hereunder unless and until Flatiron has fully satisfied each covenants, representations and obligations under this Agreement. Section 3.04 Changes in Rebate Payments. The Town may elect, ' in its sole discretion and at any time, to increase the percentage of the Accrued Amounts paid to Flatiron, in order to accelerate Rebate Payments up to, but not beyond, the dollar limitation set forth in Section 3.07. In order to make such an election, the Town must so notify Flatiron in writing. Section 3.05 Town's Budget Process. For each fiscal year, the Town shall include in the budget presented to the Board of Trustees pursuant to Colorado law a request for appropriation of the estimated Accrued Amounts accruing during such fiscal year for payment of the Rebate Payments based on such Accrued Amounts. Nothing in this Section shall be construed as obligating the Board to appropriate the Accrued Amounts in any fiscal year. Section 3.06 Rebate Payments Limited to Accrued Amounts and Repayment Term. The Town shall in no event be required, during the term of this Agreement, to pay to Flatiron any greater amount than the Accrued Amounts. The Town shall have no obligation to make any payments after the payment of all funds accrued prior to the expiration of the Repayment Term (eleven [I I] years from the First Accrual Date). The Town's obligation to make Rebate Payments shall expire on the payment of all funds accrued prior to the end of the Repayment Term. Thereafter, Flatiron shall have no right to further Rebate Payments of any sort. , Section 3.07 Absolute Ceiling on Amounts Payable. The aggregate amount of Rebate Payments by the Town under the terms and conditions of this Agreement shall not exceed $280,000. 5 Section 3.08 No Debt or Pecuniary Liability; No Multiple -Fiscal Year Obligation. (a) The Town shall have the right to make Rebate Payments required under this Agreement from any source determined by the Town. All payments obligations of the Town hereunder in any year are expressly subject to annual appropriation by the Board and the Board may, in its sole discretion, decline to appropriate the Accrued Amounts for Rebate Payments. Flatiron understands and agrees that the obligation of the Town to make payments hereunder shall constitute a currently budgeted expense of the Town and nothing contained herein shall constitute a mandatory liability, charge, or requirement of or against the Town in any ensuing fiscal year beyond the then current fiscal year. The decision of the Board not to appropriate funds for such payments shall be without penalty and recourse to the Town and, further, shall not affect; impair, or invalidate any of the remaining terms or provisions of this Agreement. None of the reimbursement obligations of the Town shall exceed the Accrued Amounts or the limit set forth in Section 3.07. Nothing in this Agreement is intended to nor shall be construed to create any multiple -fiscal year direct or indirect debt or financial obligation on the part of the Town within the meaning of the Constitution or laws of the State of Colorado. Section 3.10 Annual Accounting Due. The amounts to be paid to Flatiron annually under the terms of this Agreement shall not in any event exceed the amount of the Accrued Amounts for that year as of the date such payment is required and no delay in payment or nonpayment of such amounts due to a lack of sufficient Accrued Amounts shall ever be a default hereunder. Section 3.11 Prior Obligations of the Town. The parties specifically acknowledge and agree that all obligations of the Town under this Agreement are subordinate to any existing financial obligations of the Town to which property tax revenue is expressly pledged, including without limitation any outstanding property tax revenue bonded debt and any other outstanding bond obligations. Flatiron acknowledges for itself, and its successors and assigns, that such pre- existing financial obligations may affect the future property tax revenue to be retained by the Town. ARTICLE IV COMPLIANCE AND REPORTING Section 4.01 Flatiron Reports. In order to enable the Town to keep an appropriate accounting of Accrued Amounts, Flatiron agrees that it shall submit to the Town within 15 days after the end of each calendar quarter a true, complete and attested report, together with receipts, proofs of payment and other supporting documentation, listing each transaction in the preceding quarter for which Flatiron requests a rebate of Town Property Tax ("the Report"). Subject to verification, the Report will be used as a reference document for calculating Accrued Amounts. The Report shall include true and complete copies of the County Treasurer's notices of taxes due and County Assessor's property schedules for the properties subject to the request. The Report shall include such other information as may be reasonably requested from time to time by the Town, as the Town determines necessary in order to calculate Accrued Amounts or confirm transactions which are the subject of the Rebate Payment request, and the time for payment of rel Accrued Amounts then payable shall be extended pending receipt of the requested information. The Report shall be attested to by a president or vice-president of Flatiron, who shall affirm that said Report and is true and correct and that the Town Property Tax for which rebate is requested under such Report consists solely of Town Property Tax paid for the Flatiron Property and Flatiron Personal Property. Unless prior written consent is provided by the Town, which approval shall be granted or denied in the Town sole discretion, no additions shall be made to a Report later than fifteen (15) days after Town receipt thereof. Further, the Town shall have no obligation to rebate Town Property Tax for any payment thereof for the Flatiron Property or Flatiron Personal Property that is not listed on the Report for the quarter during which such payment was made. Section 4.02 Audits. Upon five days notice to Flatiron, the Town, its accountants, auditors and authorized employees and representatives; shall have the right to inspect and audit. all applicable books and records of Flatiron to the extent reasonably necessary to verify amounts of payments made or requested under this Agreement and to verify Flatiron's compliance with the terms and conditions of this Agreement. In the event such an inspection or audit results in a determination of noncompliance by Flatiron with any terms or conditions of this Agreement, Flatiron shall be responsible for all costs incurred by the Town for conduct of such inspection or audit, in addition to payment of any Accrued Amounts required to be reimbursed to the Town. Section 4.03 Calculation of Accrued Amounts. The Town, in accordance with the Firestone Municipal Code and state law, shall account for and keep written records of the Accrued Amounts on a quarterly basis throughout the term of this Agreement using property tax reports and other appropriate financial records. Accrued Amounts shall include only that amount of Town Property Tax actually collected and remitted to the Town. Flatiron acknowledges the Reports received from Flatiron and the amounts of the Rebate Payment checks issued to Flatiron pursuant to this Agreement will be public information pursuant to the Open Records Act, C.R.S. §24-72-101 et sec . Section 4.04 Accounting for Accrued Amounts. On or before the last day of the month following the close of each calendar quarter, the Town shall deliver to Flatiron a report indicating the total of all Accrued Amounts, less any Rebate Payments made, as of the last Accrual Date. Upon five days notice, and at Town Hall during the Town's normal business hours, Flatiron shall have the right to audit the Town's records regarding the Accrued Amounts, within the limitations imposed by the Colorado Open Records Act, C.R.S. §24-72-101 et seq., C.R.S. § 29-2-106, other applicable statutes and this Agreement. Flatiron acknowledges and agrees that the Town shall have no obligation by virtue of this Agreement to disclose to Flatiron any tax records or other records or information required by law to be kept confidential. ARTICLE V DEFAULTS AND REMEDIES Section 5.01 Events of Default. Each of the following shall constitute an "Event of Default" under this Agreement: 7 (a) Defaults by the Town. Events of Default by the Town hereunder shall be limited to the following: (1) Failure to account for the Accrued Amounts as provided herein; or (2) Failure to pay Flatiron any Accrued Amounts that have been appropriated pursuant to Section 3.05 for payment to Flatiron as Rebate Payments, as provided herein. (b) In the event of any claimed default by the Town, Flatiron shall give the Town not less than thirty (30) days' written notice and opportunity to cure, which notice shall specify the nature of the Event of Default and shall request that it be corrected within said 30-day period (the "Cure Period"). No act, event or omission shall be an Event of Default hereunder if Town's failure to perform is caused by Force Majeure or by any act, omission or Event of Default by Flatiron, or so long as the Town has in good faith commenced and is diligently pursuing efforts to correct the condition specified in such notice. (c) Defaults by Flatiron. Events of Default hereunder by Flatiron shall be limited to the following: (1) Knowingly submitting a materially false Report under Section 4.01; or (2) Breach by Flatiron of any covenant of this Agreement. (d) In the event of any claimed default by Flatiron, the Town shall give Flatiron not less than thirty (30) days' written notice and opportunity to cure, which notice shall specify the nature of the Event of Default and shall request that it be corrected within said 30-day period (the "Cure Period"). The Town in its discretion may suspend all Rebate Payments until the condition specified in such notice is remedied to the Town's satisfaction. No act, event or omission shall become an Event of Default hereunder if Flatiron's failure to perform is caused by Force Majeure or by any act, omission or Event of Default by the Town. Section 5.02 Remedies. The following remedies shall be available for Events of Default that are not cured within the. applicable Cure Period: (a) Remedies of the Town. The Town's remedies for an Event of Default by Flatiron that is not cured within the applicable Cure Period shall include, but not be limited to: (1) The recovery of actual and direct compensatory damages from Flatiron; provided that, in no event shall the Town be entitled to or claim any other form of damages, including without limitation lost profits, economic damages, or incidental, consequential, punitive or exemplary damages; and (2) The right to terminate this Agreement by delivery of written notice to Flatiron, effective as of the date such notice is delivered. (b) Remedies of Flatiron. Flatiron's remedies for an Event of Default by the Town that is not cured within the applicable Cure Period shall be strictly limited to an action for specific performance to require the Town to account for and pay to Flatiron any Accrued Amounts that have been appropriated pursuant to Section 3.05 and to no other remedy. In no event shall Flatiron be entitled to or claim any form of damages, including without limitation lost profits, economic damages, or incidental, consequential, punitive or exemplary damages. In the event Accrued Amounts that have been appropriated pursuant to Section 3.05 are not paid when due, the Town shall pay to Flatiron interest on said Accrued Amounts from the date due to the date of payment thereof at a rate equal to the then current, annualized rate of return received by the Town on its investments held in the Colorado Surplus Asset Fund Trust (C-SAFE) local government investment pool. Section 5.03 Waiver and Indemnity. (a) In consideration of the Town entering into this Agreement, Flatiron for itself, and its successors and assigns expressly and unconditionally waives any claim for any form of damages, including without limitation lost profits, economic damages, or incidental, consequential, punitive or exemplary damages, arising from any breach of this Agreement by the Town or anyone acting on its behalf and covenants that, in connection with the subject matter of this Agreement, it will assert no claims against the Town or anyone acting on its behalf and seek no relief of any kind in any court or administrative tribunal, other than those remedies expressly provided in Section 5.02. (b) Flatiron and its successors and assigns will indemnify and hold harmless the Town, its Board members, officers, agents, and employees (collectively, the "Related Parties") against all claims, demands, liabilities, damages and other awards (except punitive or exemplary damages) including the costs of defense thereof to such Related Parties (which Flatiron hereby assumes and agrees to pay as incurred), brought or obtained in connection with the execution, delivery or performance of this Agreement and its authorizing enactments; provided, however, that the Related Parties shall furnish prompt notice of any claim to Flatiron and its successors and assigns, shall admit no liability without advance written consent by Flatiron and its successors and assigns, and shall not settle any such claim or demand without consent by Flatiron and its successors and assigns. Flatiron shall pay the Town's engineering, consulting and attorneys fees for the negotiation, drafting and execution of this Agreement, which fees shall be paid through the previously -executed Cost Agreement and Funds Deposit Agreement between the parties. (c) Flatiron for itself, and its successors and assigns specifically covenants and agrees that, in addition to any other amounts that may be recoverable by the Town hereunder, it will reimburse to the Town, with interest at a rate equal to four percent (4%) simple per annum, any amounts determined to have been paid to Flatiron by the Town that are not eligible for payment or that are in excess of the amounts payable pursuant to the terms and conditions of this Agreement. (d) In consideration of Flatiron entering into this Agreement, the Town for itself, and its successors and assigns expressly and unconditionally waives any claim for any form of rZ damages other than actual and direct compensatory damages arising from an Event of Default by Flatiron, such waiver to include without limitation any claim to lost profits, economic damages, or incidental, consequential, punitive or exemplary damages, arising from any breach of this Agreement by Flatiron or anyone acting on its behalf and covenants that, in connection with the subject matter of this Agreement, it will assert no claims against Flatiron or anyone acting on its behalf and seek no relief of any kind in any court or administrative tribunal, other than those remedies expressly provided in Section 5.O1; provided, however, nothing in this Section 5.03(d) shall preclude the Town from enforcing any of its laws or regulations except as specifically limited herein- (e) Notwithstanding any other provision of this Agreement, this Section 5.03 shall survive termination of the Agreement and be enforceable until all legal causes of action are precluded by the longer of the applicable statutes of limitation or notice of claim filing requirements of the Colorado Governmental Immunity Act, for claims subject to such notice requirement. Section 5.04 No Joint Venture or Partnership. Nothing contained in this Agreement is intended to create a partnership or joint venture between the Town and Flatiron, and its successors and assigns, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not provide for the joint exercise by the parties of any activity, function or service, nor does it create a joint enterprise, nor does it constitute any party hereto as an agent of any other party hereto for any purpose whatsoever. Except as otherwise provided under this Agreement, no party shall in any way assume any of the liability of any other party for any acts or obligations of the other party. ARTICLE VI MISCELLANEOUS Section 6.01. Effective Date of Accrual. The Town's commitment to account for the Accrued Amounts shall become effective upon the First Accrual Date and, except as otherwise permitted by this Agreement, shall terminate on the eleven -year anniversary date of the First Accrual Date, unless terminated earlier pursuant to the terms of this Agreement. Section 6.02 Binding Effect; Non -Assignability. This Agreement shall be binding upon and inure to the benefit of the Town, Flatiron and their respective successors and assigns to the extent provided under this Section. The Town's commitment to make Rebate Payments is made solely for the benefit of Flatiron and shall be enforceable only by Flatiron. This Agreement is not assignable by Flatiron or transferable by operation of law or otherwise. The foregoing restrictions on assignment shall not apply to any pledge or encumbrance of Flatiron's rights under this Agreement in favor of any lender or other person providing financing for construction and development or operating costs for the Flatiron Property, provided that the foreclosure or other disposition of such rights pursuant to such pledge or encumbrance shall never be permitted to occur separately from a foreclosure itself and that the Town shall never be required to make payments under this Agreement to anyone other than Flatiron. Any assignment or other transfer in violation of this Section shall be void and shall vest no rights in the purported assignee or 10 transferee, but shall not constitute an Event of Default hereunder, and this Agreement shall terminate on the effective date of such assignment or other transfer. Section 6.03 Amendments. This Agreement may be amended only by a written instrument signed by both of the parties and approved by ordinance or resolution of the Town Board of Trustees. Section 6.04 Entire Agreement. This Agreement constitutes the entire understanding among the parties with respect to the subject matter hereof. Section 6.05 No Implied Terms. No obligations, agreements, representations, warranties or certificates shall be implied from this Agreement, beyond those expressly stated herein. Section 6.06 Headings for Convenience. The headings and captions used herein are for the convenience of the parties only and shall have no effect upon the interpretation of this Agreement. Section 6.07 Applicable Law; Venue. This Agreement shall be interpreted and enforced according to the laws of the state of Colorado. Should either party institute legal ,suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado or the federal District Court for the District of Colorado. Section 6.08 Litigation. The Town and Flatiron agree to cooperate in the defense of any legal action brought to contest the validity or enforceability of this Agreement as noted in Section 2.02. Flatiron agrees to pay all costs and attorney's fees incurred by the Town in defense of any such action. Flatiron further agrees to pay any monetary judgment that may be entered against the Town in any such action; provided, however, that such monetary judgment does not exceed the amount of any Rebate Payments made to Flatiron pursuant to this Agreement. Notwithstanding any other provision of this Agreement, this Section 6.08 shall survive termination of the Agreement and be enforceable until all legal causes of action are precluded by applicable statutes of limitation or notice of claim filing requirements of the Colorado Governmental Immunity Act, for claims subject to such notice requirement. The Town shall have no obligation to make Rebate Payments while any legal action is pending concerning the validity or enforceability of this Agreement; however, while such legal action is pending, the Town shall continue to account for Accrued Amounts and maintain such Accrued Amounts in a separate Town account. Section 69 Severability. Should the accounting for the Accrued Amounts or their payment to Flatiron as Rebate Payments, be judicially adjudged illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement or contrary to public policy by a court of competent jurisdiction in a final non -appealable judgment, the parties shall utilize their reasonable, good faith efforts to restructure this Agreement, or to enter into a new agreement, consistent with the purposes of this Agreement. Should the parties be unsuccessful in their efforts, this Agreement shall immediately terminate without penalty or recourse to the Town. Otherwise, should any one or more provisions of this Agreement be judicially adjudged 11 illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement or contrary to public policy by a court of competent jurisdiction in a final non - appealable judgment, without a corresponding determination being made with regard to such accrual or payments, such provision or provisions shall be fully severable, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by the severance of such provision from this Agreement. Section 610 Initiative and Referendum. If this Agreement or any portion thereof is challenged by initiative or referendum, including any judicial contest to the outcome thereof, then, to the extent so challenged, the provisions of this Agreement, together with the duties and obligations of each party, shall be suspended pending the outcome of the initiative or referendum election and the judicial contest, if any; and a period equal to the period of such suspension shall be deemed automatically added to every right and obligation herein which is required to be performed or which accrues within a specified time. If the initiative or referendum results in voiding of this Agreement or any portion thereof, then the provisions of Section 6.09 shall apply as if the election were an action of a court. If the initiative or referendum fails, then Flatiron and Town shall continue to be bound by all of the terms of this Agreement. Section. 611 Notices. All notices, certificates, reports or other communications hereunder shall be deemed given when personally delivered, or after the lapse of three (3) business days following their mailing by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To the Town: Town of Firestone Attn: Town Manager 151 Grant Ave., Box 100 Firestone, CO 80520 With a copy to: Light, Kelly & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, Colorado 80202 To Flatiron: Flatiron Constructors, Inc. Attn: General Counsel 10188 East I-25 Frontage Road Firestone, CO 80504 Either party may designate a different notice address by written notice to the other party delivered in accordance with this Section. Section 6.12 Effective Date; Term; Termination. The effective date of this Agreement shall be the date of recordation in the Office of the Weld County Clerk and Recorder of the annexation ordinance(s) and annexation map(s) for the Flatiron Property in accordance with C.R.S. § 31-12-113(2)(a)(11)(A). Unless terminated earlier pursuant to the terms set forth herein, this Agreement shall terminate upon the first to occur of. (i) any failure of the annexation of the 12 Flatiron Property to the Town; (ii) any disconnection of the Flatiron Property from the Town; (iii) the point in time at which the total of all Rebate Payments made by the Town to Flatiron equals the limit set forth in Section 3.07, or (iv) the expiration of the Repayment Term described in Section 3.06. Section 6.13 Public and Governmental Actions. Flatiron acknowledges that the review and approval, conditional approval or disapproval of the development plans and subdivision plats for the Flatiron Property.are subject to the quasi-judicial or administrative authority of the Board of Trustees of the Town. No assurances of approval for any specific development plan have been made by the Town or relied upon by Flatiron. Section 6.14 No Waiver or Repeal by Town. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of any existing ordinances or codes, or as a waiver or abnegation of the Town's legislative, governmental or police powers to promote and protect the health, safety, morals and general welfare of the Town or its inhabitants. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. ATTEST: Judy Hegwood, Town Clerk Chad Auer, Mayor 13 FLATIRON CONSTRUCTORS; INC. By; Title: ACKNOWLEDGMENT STATE OF 'COLORADO ) } ss. COUNTY OF } The foregoing instrument was 'acknowledged before me this day of 2011 by as, of Flatiron Constructors, Inc. Witness my hand and' official seal. My commission expires: (SEAL) Notary- Public 14 EXHIBIT A LEGAL DESCRIPTION FLATIRON ANNEXATION KNOW ALL MEN BY THESE PRESENTS, FLATIRON CONSTRUCTORS, INC. BEING THE SOLE OWNER AND PROPRIETOR OF THE FOLLOWING DESCRIBED LAND, TO WIT: LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, IN THE COUNTY OF WELD, STATE OF COLORADO, PER FINAL PLAT RECORDED DECEMBER 30,1991 AT RECEPTION NO.02273563, IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY, TOGETHER WITH LOTS I AND 2, FLATIRON PLANNED UNIT DEVELOPMENT II, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED APRIL 17,1998 AT RECEPTION NO.2606946, IN SAID OFFICE OF THE CLERK AND RECORDER, TOGETHER WITH LOT 1, FIRST AMENDMENT, LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT II, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED FEBRUARY 25, 2010 AT RECEPTION NO. 3677984, IN SAID OFFICE OF THE CLERK AND RECORDER, AND TOGETHER THAT CERTAIN UN -NAMED PUBLIC RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, LYING WITHIN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH PRINCIPAL MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, SOUTH 00020'42" WEST, 34.42 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED 1N BOOK 931 AT RECEPTION NO. 1852633, IN SAID OFFICE OF THE CLERK AND RECORDER; THENCE ALONG SAID EASTERLY PROLONGATION, PARALLEL WITH THE NORTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, NORTH 89°34'18" WEST, 21.63 FEET TO THE NORTHWEST CORNER OF LOT 1, SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, SOUTH 00003'20" WEST, 2580.48 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 00003,20" WEST, 20.00 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER, SECTION 11; THENCE ALONG SAID PARALLEL LINE, NORTH 89-40.08" WEST, 751.61 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF LOT 2, SAID FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2 THE FOLLOWING TWO COURSES: 1) NORTH 84°37'14" EAST, 201.00 FEET; 2) SOUTH 89°40'08" EAST, 471.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2, BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 100.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 36°45'06" WEST; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LOT 1, THE FOLLOWING 10 COURSES: 1) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53-11'34" AND ARC LENGTH OF 92.84 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 26°39'07" EAST AND CHORD DISTANCE OF 89.54 FEET; 2) TANGENT TO SAID CURVE, NORTH 00-03-20" EAST, 456.41 FEET; 3) NORTH 89-38'18" WEST, 426.23 FEET; 4) SOUTH 05-41-40" WEST, 159.99 FEET; 5) NORTH 89°40'51" WEST, 198.38 FEET; 6) SOUTH 37-38'18" WEST, 63.69 FEET; 7) SOUTH 64°04'45" WEST, 61.12 FEET; 8)NORTH 88'5911" WEST, 119.00 FEET; 9) SOUTH 03-28'51" WEST, 35.99 FEET; 10) NORTH 88-59'11" WEST 340.55 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF 1-25 FRONTAGE ROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT AND THE WESTERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, NORTH 05°45'50" EAST 601,73 FEET TO THE NORTHWEST CORNER OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT DEVELOPMENT 11, SOUTH 86042'46" EAST, '660.22 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT; THENCE ALONG SAID EASTERLY LINE, NORTH 05°46'09" EAST, 1747.51 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00"03'54" WEST, 7.01 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL OF LAND DESCRIBED 1N BOOK 931 AT RECEPTION NO. 1852633; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO. 1852633, SOUTH 89°34'18" EAST, 342.79 FEET TO THE POINT OF BEGINNING. CONTAINS 1,321,164 SQ. FT. OR 30.330 ACRES, MORE OR LESS HAVE CAUSED THE ABOVE DESCRIBED TRACT OF LAND TO BE ANNEXED UNDER THE NAME OF FLATIRON ANNEXATION. -'� �{ I liilll iilii Illilll iil illll liiilli Illil III iilil Ilil liil 3806459 11/17/2011 04:33P Weld County, CO �J i of 4 R 26.00 D 0.00 Steve Morena Clerk &Recorder ORDINANCE NO. � S q AN ORDINANCE APPROVING THE VACATION OF AN APPROXIMATLEY 0.654-ACRE PARCEL OF RIGHT-OF-WAY LOCATED WITHIN FLATIRON PLANNED UNIT DEVELOPMENT II WHEREAS, per that certain Flatiron Planned Unit Development II Final Plat, recorded April 17, 1988 at Reception No. 2606946 in the Office of the Weld County Clerk and Recorder, there was established and dedicated a certain un-named local street right-of-way of 0.654 acres, more or less, as more particularly described and depicted on Exhibit A (the "Right -of -Way"); and WHEREAS, pursuant to ordinance adopted by the Board of Trustees of the Town of Firestone on September 28, 2011, the Right -of -Way was annexed to the Town as part of the Flatiron Annexation; and WHEREAS, the owner of the Flatiron Annexation property has requested the Town vacate the Right -of -Way; and WHEREAS, the Board of Trustees has determined that the Right -of -Way for which vacation is requested is not and has not been used or required as a roadway or thoroughfare for the public; and WHEREAS, the Board of Trustees has determined that the Right -of -Way for which vacation is requested is not and will not be needed for any public purpose of the Town; and WHEREAS, the Board of Trustees has determined that the Right -of -Way for which vacation is requested is not being used or held for park purposes or for any other governmental purposes; and WHEREAS, the Board of Trustees desires to approve the application and vacate the Town's interests in the Right -of -Way for which vacation is requested; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby vacates all of the Town's interests in and to that certain 0.654-acre parcel of Right -of -Way described and depicted on that certain Flatiron Planned Unit Development II Final Plat, recorded April 17, 1988 at Reception No. 2606946 in the Office of the Weld County Clerk and Recorder, as more particularly described and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Right -of - Way"). Title to the vacated Right -of -Way shall vest in the manner provided by law. Section 2. Easements for existing public utilities, if any, shall be not altered or affected by virtue of this Ordinance. 11111111111111111111111111111111111111111111111 3806459 11117/2011 04:33P Weld County, CO 2 of 4 R 26.00 ©0.00 Steve Moreno Clerk & Recorder Section 3. The Mayor 'and 'T6w,n Clerk: are- aut. orizcd to .execute such additional. documdhts as.maybe necessary to evidence the vacation. the Ri ht-of-Wayas set forth here i. Section 4. Ail other.ordi mces or.portions thereof i.nearisistent. or in.:eonfflict 4M.t is ordinance; or any portion hereof are :hereby repealed to:tlie extent of such inconsistency or conflict. ENTROD'UCED, ICE D ADOPTED, APPROVED, AND ORDERED PUBLISHED IN :IjFULL this day, of 2011: TOWN: OF FIRESTONE COLORAD(:} Attest: F�Ri~S 7p J Hag od �` r° �v ovai Clerk , 03 0 q nG �TY..Co�O n 11 ii1111111iii11111ii1111 iilii 11111ii1 11ii111 iilii 111i1 3806459 11117/2011 04.33F Weld County, Co 3 of 4 R_26.00_ D 0.00 Steve Moreno_ Clerk & Recorder , PROPERTY DESCRIPTION FLATIRON PLANNED UNIT DEVELOPMENT 11 ACCESS EASEMENT AN ACCESS EASEMENT OVER THAT CERTAIN PORTION OF FLATIRON PLANNED UNIT DEVELOPMENT 11 FINAL PLAT, IN THE COUNTY OF WELD, STATE OF COLORADO, PER PLAT RECORDED APRIL 17, 1998 AT RECEPTION NUMBER 2606946, IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY, LYING WITHIN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN SAID COUNTY AND STATE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II; THENCE ALONG THE NORTHERLY LINE OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II, SOUTH 8604246" EAST, 319.35 FEET; THENCE DEPARTING SAID NORTHERLY LINE, SOUTH 0301654" W EST, 65.16 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 65.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 01 °07'56" EAST; THENCE EASTERLY, SOUTHERLY, WESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 274024'5o", AN ARC LENGTH OF 311.31 FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 46004'29" WEST AND CHORD DISTANCE'OF 88.32 FEET; THENCE TANGENT TO SAID CURVE, NORTH 03°16'54" EAST, 90.00 FEET; THENCE.NORTH 86043'06" WEST, 261.09 FEET TO A POINT ON THE WEST LINE OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II; THENCE ALONG SAID WEST LINE, NORTH 05"46'09" EAST, 40.04 FEET TO THE POINT OF BEGINNING; CONTAINS 28,483 SQ. FT. OR 0.654 ACRES MORE OR LESS. AS SHOWN ON THE ATTACHED EXHIBIT TO ACCOMPANY PROPERTY DESCRIPTION aG9127 l/ � L� NANO' ROBERT D. SNODGRASS, PLS 36580 COLORADO LICENSED PROFESSIONAL LAND SURVEYOR FOR. AND BEHALF OF CALVADA SURVEYING, INC. 6551 S. REVERE PARKWAY, SUITE 165 CENTENNIAL, CO 80111. SHEET 1 OF:2 l�lli� lllll lll�lllill llllllllllll!l�II III Hill 11111111 , 3806459 11/17/2011 04:33P Weld County, CO 4 of 4 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT TO ACCOMPANY PROPERTY DESCRIPTION LOT B EXEMPTION NO, 1313-11— 3RE1717 REC. NO, 2447218 NW'L Y CORNER FLATIRON PLANNED UNIT DEVELOPMENT 46 E N86 4J'06"W 261.09' GRAPHIC SCALE 80 0 40 SO PARCEL CONTAINS 28,483 SO. FT. FEET 0.654 ACRES t 'LY LINE FLA77RON PLANNED UNIT T9.35' DEVELOPMENT 11 (BASIS OF BEARINGS) � // //// /, N0376'54"E 90.00' LOT 1 FLATIRON PLANNED UNIT DEVELOPMENT 11 LOT 2 FLATIRON PLANNED UNIT DEVELOPMENT 11 51 SO.376 S4'W 65.16, R=65.00' L=311.31 LOT 1 FIRST AMENDMENT FLATIRON PLANNED UNIT DEVELOPMENT II f LOT 1 FLATIRON PLANNED NOTE UNIT DEVELOPMENT THIS EXHIBIT ODES NOT REPRESM A MONUMENIED LAND SURVEY. THE PURPOSE OF THE EXHIBR IS SOLELY TO DEPICT THE ATTACHED PROPERTY DESCRIPTION. CAL VRDR Joe No. 10208 SVRVEYINGi INC. SHEET 2 OF '2 DATE: 1 /12/1 1 6551 S. Revere Pk . Suite 165 Centennial, CO 90111 Phone: 720 4B6-1303 Fax: 720 488-1306 SCALE: 1 ' = 80' PLEASE RETURN TO: Town of Firestone Box 100 / ! 51 Grant Ave. Firestone, Colorado 80520 ORDINANCE NO. � XS AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE CONCERNING WATER RIGHTS DEDICATION AND SUBDIVISION IMPROVEMENT GUARANTEES WHEREAS, the Board of Trustees previously adopted Sections 1.08.050 and 13.08.010 of the Firestone Municipal Code concerning the dedication of water rights to the Town; and WHEREAS, the Board of Trustees desires to amend Sections 1.08.050.A.5 and 13.08.010.13.5 of the Firestone Municipal Code to provide that water rights shall be dedicated to the Town prior to recording of the subdivision plat; and WHEREAS, the Board of Trustees previously adopted Section 16.12.030 of the Firestone Municipal Code concerning subdivision improvement guarantees; and WHEREAS, the Board of Trustees desires to amend Section 16.12.030 of the Firestone Municipal Code to further clarify the improvements the guarantee shall cover and the forms of guarantees acceptable to the Town; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 1.08.050.A.5 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stri ken dfe 1.08.050 Water. A. Residential. 5. Title to the required water rights, free of liens and encumbrances, shall be deliverable to the Town at the time of final subdivision platting of any. residential area in the annexation. No subdivision plat shall be recorded feeeive final approval until the Town becomes titled owner of all water required for the platted area. Section 2. Section 13.08.010,B.5 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are 1t-h-r-0): 13.08.010 Water connection charges.. B. In addition to the charges set forth in Subsection A above, there shall be transferred to the Town the following: 1 5. The: tiansfdr',requked by.Ahis:gubsettibn -shall belt iad e prior to the recording 1,-a4 appfeyeat of any subdivision .Plat, for the property. served. rdq If no sithdiVi6oh 'plat is, 1pired, then, sudh water, shall be deliverable at the time of building.pemit and shall: be transf&rred to the Town prior to the issta­hc6 of a $uiiding .permit. All water transferred there=der shall, be free and cl'ear-,Of. liens and encumbrances. Section -3.: Section 16,12.03.0 of thel-Firestone Municipal Co&:is herebyamended to ", read as, N(words iom&� 16 lie added"afe underlined; 'words 1Ao, be &16ted;are.: sfiok-01 thvai 16-.42.030 Centt-aet Rkid.: Subdivision Ag�rteWeift Guarantee. The subdivider :shall enter into a contract with the Town, own, which • ­contract'` s.h.4111 give the Town, full..ass-arance:that :,,j'Lmprov'emen"ts,. iri6ludingljut'.hof hinited to,, stteet.g. street .Lights, street signage, public parks, park improvements, landscaping drainage facilities, utilities, walks and , gutters. shall bp completed. . by the, subdivider. to ToWn :s pecifications. icAtions. Such, 4pptoved subdivision plat:may., be. divided :'Iiito;,.predetermined,::segi-nentsin, ,accordance With'a.,phasing pWi kwrov.dd by the Town. iriitssolediscretion and set: forth,in said contract, witli:ea6b.segrnenti- Fqvid ing fullutility service. and street -access: ess: Xq,pW:§hdll_tie recorded' until fWI iiig Aljhn; and jjNo- building permit shall be istiiod- fof%sub��uent. tO su�; : segments for which. security was not posted. . . . - ­ �i ' fcu O:TOWxi for all at the, time offecording until full financi S's, r-ityis:PrdVidW:t6th i ! rnproV6hi6fits tbbd, corn. let d 'h dAt. Such financial geputity. may:be- .. P jq suq segm, in ifie -f6rm of � a letter :of:credit,.. cash, certified check,, fiands in eseW:or .:such other :eoiVale n1baAs As'shaill be approved by the Board .ofTrustees. Section 4. If any , sec. Ition . paragraph;;sentence, qausesent, 1. br '-6hrase of this ordinance bdId to beunconstitutional or.,invalid fbr any, reason, such decision..shall not affict the validity m constitufiondlifyof the reffiami:mg pdrtiohs: of this ordinance, Tlid Board of Trustees hereby de&res that itwould,have vassed,this ordinatice.:,and, eachpart:.or parts, hekeof ii respective.of the factihai anyone Paftor-parts40 de'clated,,p'ncbhsti.tu,tioTial'pr,.iiivdlid. Section" 5. All bftf dr.d.14MI069 or Pbitibiis thereof conflicting with this ordinance44Y Vorti i on,hereof are hereby: repealed to the extent of such inconsistency or, :conflict: INTROE&CED READ, ADO.PTE.D:,. APPRQV.ED-, AND ORDERED PUBLIISHKDJN. FULL t ::Jer. .,. 201 2 ORDINANCE NO. q $ ( AN ORDINANCE AMENDING CHAPTER 2.58 OF THE FIRESTONE MUNICIPAL- CODE TO RENAME THE PARKS AND TRAILS ADVISORY BOARD AS THE PARKS, TRAILS AND RECREATION ADVISORY BOARD; TO PROVIDE FOR AN ADDITIONAL MEMBER AND ADDITIONAL DUTIES FOR SUCH BOARD, AND TO MAKE OTHER AMENDMENTS CONCERNING THE ORGANIZATION OF SUCH BOARD WHEREAS, the Board of Trustees by Ordinance No. 472 created the Firestone Parks and Trails Advisory Board (`Board") for the purpose of providing input, advice and recommendations on park and trail issues of concern to the Town and its citizens, which ordinance is codified at chapter 2.58 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees by Ordinance Nos. 563 and 776 amended said chapter 2.58 to, respectively, increase the number of members of the Board and correct a scrivener's error regarding the number of three-year terms on the Board; and WHEREAS, the Board of Trustees by this Ordinance desires to amend chapter 2.58 to rename the Board as the Parks, Trails and Recreation Advisory Board, to provide for an additional member and additional duties for the Board, and to make other amendments to said chapter 2.58; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 2.58 of the Firestone Municipal Code is hereby amended to change the title of said Chapter from "Parks and Trails Advisory Board" to "Parks, Trails and Recreation Advisory Board." Section 2. Chapter 2.58 of the Firestone Municipal Code is hereby amended to change all current references to "parks and trails advisory board" to "board." Section 3. Section 2.58.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stFi ke th,attgh): 2.58.010 Created. Pursuant to the authority conferred by applicable laws of the state, there is created a parks, affd trails and recreation advisory board for the town, referred to in this chapter as the board. Section 4. Section 2.58.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are 1�}: 2.58.020 Purpose. The pafks and t, ails . dvis^m. board shall have as its general purpose to provide input, advice and recommendations on parks sffd trails and recreation issues of concern to the town and its citizens in order to help provide for the harmonious development of the town, its parks, trails and recreational facilities, and associated services and environs, in a manner which will best promote the health, safety, and the general welfare of the citizens of the town. Section 5. Section 2.58.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stri ke dffe o): 2.58.030 Members. The Parks and Trails Advisory Board shall consist of seven si* members as follows: One member of the Board of Trustees who shall be appointed by the Mayor and serve as chairperson of the board, and one member of the Board of Trustees who shall be appointed by the Board of Trustees. Each Trustee member of the board shall serve a two-year term so long as he or she is a member of the Board of Trustecs Gemmissioner- ef Parks and Reer-ea&n for purposes of this ehapter-, Who shall ------ -- mot-- -t- -r mil---T�---t-- ---'t T-._71_ A --'----- n----1 Tt-- -t-------- -1--tt Reer-eation and so long as he or- she is a faembef of the Beafd of Tf+tst . The remaining five members of the board shall be appointed by the Mayor and confirmed by the Board of Trustees. The terms of the five members shall be as follows: two two-year terms, two three-year terms and one four-year term. Any vacancy in membership shall be filled by appointment by the Mayor and confirmed by the Board of Trustees. Terms of office for all a ointments shall commence the fourth Thursday of April in each even numbered year and shall expire on the fourth Wednesday of April in the last year of the term, subject to the above requirement that each Trustee member's service shall be concurrent with his or her service as Trustee. Board shall be made A4hin 4hiAy days of !he efiP��i,,,e date of the or-dinanee Section 6. Section 2.58.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are sue): 2.58.040 Qualifications of members. All members of the board shall be bona fide residents of the town, and if any member ceases to reside in the town, his or her membership shall immediately terminate. All members of the board shall serve as such without compensation. Members other than the Trustee members er- of parks and r-eer-eafi may be removed, after public hearing, by the mayor for inefficiency, neglect of duty, or malfeasance in office, and the Board of Trustees, after public hearing, may remove a Trustee member the eeffhmissienef from the board for the same reasons. N Section 6. Section 2.58.060 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are st+iekeo Otfa-ti&: 2.58.060 Staff and finances. The board chairperson and town manager semmissioner- of parks and reereationand .,,,,,., ,a.�.:�:�,. ,*�r shall coordinate and direct staff efforts for and on behalf of the parks.and trails adyiseFy board. Any expenditures made by the board shall. be authorized by the board of trustees or its designee, as provided herein, and shall be within the amounts appropriated by the board of trustees. Such appropriated amounts shall be in the exclusive discretion of the board of trustees. The town manager eemmissioner- of parks and r-eer-ea4iea and the town adffiiaistratef shall have the authority to authorize expenditures for and on behalf of the board within limits set forth in the town's purchasing policies. All other expenditures, and all commitments of funds and contracts proposed or recommended by the board, shall be subject to, the approval of the Tev�% B board of trustees. The parks and trails advisory board shall be provided with a detailed quarterly report of revenues, expenditures and appropriations for park purposes. Section 7. Section 2.58.070 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stride): 2.58.070 Powers and duties. The parks and tFails a&isat, board shall have such powers and duties as are set forth herein and as the board of trustees may otherwise provide for from time to time. The board's powers and duties shall include the following: A. Review and recommend parks affd trails and recreation improvements and projects for the town and town properties; B. Investigate and make recommendations regarding project budgets, suppliers, materials and related matters for parks, trails and recreation improvements and paw projects; C. From time to time review and make recommendations to the board of trustees respecting the parks, trails and recreational components of the town's par6 master plan; D. Provide comments to the board of trustees and/or planning staff on development proposals for land immediately adjacent to or materially impacting town parks, trails or recreation properties or facilities; E. Provide input on the location of trails and paths on park lands; 3 F. ' Make recommendations to the board of. trustees on operation or maintenance of town parks and recreational facilities and use of town trails; G. Provide a forum for citizen input and comment on parks, and trails and recreation issues, and provide to the board of trustees reports and recommendations resulting for any such forum; H. Suggest g, an4 providers-. Provide any additional recommendations to the board of trustees on parks, recreation and trails issues that the ad'�ise board finds appropriate; I. Keep abreast of grant opportunities, recommend r�pportunities, have input into the grant process, and identify and recommend funding sources for capital improvement projects; and J. Participate as a referral agency in the review of parks= and trails, and recreation facilities proposed for construction in new subdivisions, paying particular attention to the FDP phase of development. K. Coordinate and provide a forum for communications with the recreation district and its staff regarding recreation programs, services and facilities, and provide recommendations to the board regarding matters of ,mutual interest between the town and district. Section 8. This ordinance shall not be construed to shorten the term of office of any current office holder; however, any current officer holder may by written acknowledgment consent to the shortening of the expiration of their current term of office. Section 9. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 10. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of C�I�i r , 2011. 3834190 Pages: 2 of 4 03/26/2012 10:51 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO �VIVA lit 10 RM"i 11111 � ORDINANCE NO.787 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE TURNER COMMONS ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Turner Commons Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on September 28, 2011 opened and held a duly -noticed public hearing to consider the proposed annexation, which hearing was duly continued to October 26, 2011; and WHEREAS, notice of the hearing was published August 24 and September 4, 11, and 18, 2011 in the Lonamont Daily Times -Call; and _ WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation in accordance with the applicable laws of the State of Colorado, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of C.R.S. §§ 31-12-107(1)(g),-110(2) or 112, C.R.S. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Turner Commons Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 2e day of October, 2011. TOWN OF FIRESTONE, COLORADO �4§zqq ATTEST: Town~°-�� u,oa m °_. SEA, r� Judy Hegwood, Town Clerk, MMC , Mayor 1834190 Pages: 1 of 4 03/26/2012 10:51 AM R Fee:$26.00 Steue'Moreno, Clerk and Recorder, Weld County, CO 64fIL 14114n ,111111 STATE OF COLORADO ) SS: COUNTY OF WELD CERTIFICATE OF AUTHENTICITY (Turner Commons Annexation Ordinance) 1, Rebecca Toberman, Acting Town Clerk, in and for said Town of Firestone, in the County of Weld, in the State aforesaid, do hereby certify that the attached is a true and correct copy of Ordinance No. 787, adopted by the Firestone Town Board of Trustees of the Town of Firestone, on the 26th day of October 2011. In witness whereof, I have hereunto set my hand and the seal of the Town of Firestone, this 20th day of March 2012. F\FES'r (SEAL)`f Sze Q S , Co.,�......... 0 Nry c Rebecca Toberman Acting Town Clerk 3834190 Pages: 3 of 4 03/26/2012 10:51 AM R Fee:$26.00 Steve Moreno, Clerk and Pecorder Weld County, CO gill EXHIBIT A TURNER COMMONS LEGAL DESCRIPTION LOT 1 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, 2009 AT RECEPTION NO. 3665635, 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 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 SOUTHEAST 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 SOUTH LINE SOUTH 04'01'19" EAST 56.47 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE ALONG SAID SOUTH RIGHT OF WAY THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: THENCE NORTH 50029'34" WEST 10.13 FEET; THENCE SOUTH 89°28'56" 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; THENCE SOUTH 83°48'32" WEST 203.53 FEET; THENCE SOUTH 89°30'32" WEST 514.34 FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY NORTH 00°13'34" 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 HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT OF WAY THE FOLLOWING THREE (3) COURSES AND DISTANCES: THENCE NORTH 89028'44" EAST 500.53 FEET; THENCE NORTH 87004'21" EAST 231.58 FEET; THENCE NORTH 89°25'29" EAST 114.50 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY NORTH 19042'04" EAST 34.95 FEET; THENCE NORTH 00034'26" WEST 20.04 FEET; THENCE NORTH 06°33'03" 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 1 SOUTH 89034'30" WEST 127.46 FEET; THENCE NORTH 01024'42" 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 2 3834190 Pages: 4 of 4 03/26/2012 10;51 PM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County: CO RECEPTION NO. 12798I0 AND RECEPTION NO. 1278345; THENCE ALONG SAID WEST RIGHT OF WAY SOUTH 0202750" 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; THENCE DEPARTING SAID NORTH RIGHT OF WAY SOUTH 04001' 19" EAST 110.22 FEET TO THE TRUE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 420,973.08 SQUARE_ FEET OR 9.664 ACRES, MORE OR LESS. 3 3834193 Pages:-2 of 7 03/26/2012 10:51 AM R Fee:$41.00 Steva_f Moreno, Glerk and Recorder. Weld '013nty' CO � V1 fit�l+Uh *1i Milli ORDINANCE NO.788 AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE TURNER COMMONS ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for. annexation of certain property, annexed to the Town as the Turner Commons Annexation, was filed with the Board of Trustees of the Town of Firestone; and _ WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property, known as the Turner Commons Annexation, was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner'of the property has requested a Planned Unit Development zoning classification with Employment Center (PUD EC) and Regional Commercial (PUD RC) land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Turner Commons Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and Outline Development Plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23- 305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Turner Commons Annexation, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof (the. "Property'), is hereby zoned Planned Unit Development Regional Commercial (PUD RC), 1 `3834193 Pages: 3 of 7' ,03/26/2012 10:51 AM R Fee:$41.00 Steve Morenn, Cler4 and Recorder. weld County Co !II pursuant to the zoning ordinances of the. Town and subject to and in accordance with the Turner Commons Annexation Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves .the Outline Development Plan for the Turner Commons Annexation, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 26th day of October, 201 L ATTEST: "/t, (:k� W77V CQ Juc fyHegwood, Town Clerk, MMC 2 TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor F,R�sro f• 'TOWN~ m SSR 10 .o GYv-r l, ------------ 1834'193 Pages: 1 of 7 103/26/201Z 10:51 All P Fee:$41,00 Steve Moreno, Clerk and Recorder, Weld County, CO STATE OF COLORADO } SS: COUNTY OF WELD } CERTIFICATE OF AUTHENTICITY (Turner Commons Initial Zoning Ordinance) 1, Rebecca Toberman, Acting Town Clerk, in ' and for said Town .of Firestone, in the County of Weld,, in the State aforesaid, do hereby certify that the attached is a true and correct copy of Ordinance No. 788, adopted by. the Firestone Town Board of Trustees of the Town of Firestone, on the 26th day of October 2011. In witness whereof; I have hereunto set my hand and.the seal of the Town of Firestone, this 22nd day of March 2012. Rebecca Toberman Acting Town Clerk rtES TO TOWN (SEAL) s S� 0 .. _ 4 �'0 N y1 f 3834193 - Pages: a of 7 03/26/2012 10:51 AM R Fee:$41.00 Sieve Moreno, Clerk and Recorcder, Welt! County: CO 1111 F'i j W, i��"l� `�t 1'qj wj'MLIM l#Te "i EXHIBIT A TURNER COMMONS LEGAL DESCRIPTION LOT 1 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, 2009 AT RECEPTION NO. 3665635, 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 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 89022'56 WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST 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 SOUTH LINE SOUTH 04'01'19" EAST 56.47 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE ALONG SAID SOUTH RIGHT OF WAY THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: THENCE NORTH 5002934" WEST 10.13 FEET; THENCE SOUTH 89°28'56" WEST 254.56 FEET; THENCE SOUTH 00°43'02" EAST 7.92 FEET; THENCE SOUTH 89127'10" WEST 12.89 FEET; THENCE NORTH 88°04'13" WEST 185.53 FEET; THENCE SOUTH 85°48'54" WEST 69.46 FEET; THENCE SOUTH 83°48'32" WEST 203.53 FEET; THENCE SOUTH 89°30'32" WEST 514.34 FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY NORTH 00°13'34" 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 HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT OF WAY THE FOLLOWING THREE (3) COURSES AND DISTANCES: THENCE NORTH 89°28'44" EAST 500.53 FEET; THENCE NORTH 87004'21" EAST 231.58 FEET; THENCE NORTH 89°25'29" EAST 114.50 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY 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 89034'30" WEST 127.46 FEET; THENCE NORTH 01'24'42" EAST 345.02 FEET; THENCE NORTH 89°31'53" EAST 453.13 FEET TO A POINT ON THE WEST 3 F38341§3 Pages: 5 of 7 3/26/2012 10:51 AM R Fee:$41.00 Stave 11oreno, C,erk and Reruvoer, Weid County, 00 mill IN RIGHT OF WAY OF INTERSTATE HIGHWAY 25 DESCRIBED IN DEED RECORDED AT RECEPTION NO. 1279810 AND RECEPTION NO. 1278345; THENCE ALONG SAID WEST RIGHT OF WAY SOUTH 02027'50" EAST 230.16 FEET AND AGAIN SOUTH 0202750" EAST 324.55 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE DEPARTING SAID NORTH RIGHT OF WAY SOUTH 04001'19" EAST 110.22 FEET TO THE TRUE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 420,973.08 SQUARE FEET OR 9.664 ACRES, MORE OR LESS. 4 s' 3834193 Pages: 6 of 7 03/26/2012 10:51 AM R Fee:$41.00 Steve Moreno, Clerk and Recorder, Weld County, CO EXHIBIT B Turner Commons Annexation Conditions of Approval Initial Zoning and ODP ODP General 1. Fix typos and formatting corrections. 2. Modify all plans pursuant to Town staff comments. Sheet I 3. In the Project Concept section, also reference the acreage of the SH 119 right-of-way that is being annexed and provide a combined total as the right-of-way is being annexed and zoned as well. 4. In the Project Concept section, clarify that the property is zoned Planned Unit Development with the Regional Commercial land use category. 5. In the Regional Impacts section, note that the project will also provide necessary commercial services locally to the benefit of Firestone and area residents, employees and others. 6. In the first sentence of the Utilities section, reverse the order of the words "planned" and "future". 7. In the Utilities section, add "("LHWD")" after the phrase "Left Hand Water District" in the first sentence in the second paragraph. S. In the Grading Concept section, changes "CDOT's" to "Colorado Department of Transportation's". 9. In the Service Requirements section, clarify that the Property Owner's Association is not responsible for the maintenance of SH 119. 10. In the Density section, replace "Firestone Regulations" with "the Firestone Development Regulations. 11. In the Building Height section, replace "standards" with the "Firestone Development Regulations. 5 Ff- ,.3834193 Pages: 7 of 7 03/26/2012 10:51 Aft R Fee:$41.00 Steve Moreno, Clerk and Recorder: Weld County, CO WIVdi"Va"1 I '1�E ' j�.f R4 11111 12. In the first section of the Signage section add the word "Plan" after the word "Development" and replace "guidelines" with "approved standards". 13. In the Vicinity Map, remove reference names of County Roads to roads that are annexed Firestone streets. Also, remove "American Furniture Warehouse" and replace "Barbour Ponds State Recreation Area" with "St. Vrain State Park.", 14. In the Development Schedule section, add the phrase "by the lot property owner" after the word "maintained" in the last sentence. 15. In the Private Maintenance and Enforcement section, replace "and Firestone Regulations" with the Firestone Municipal Code, the Firestone Development Regulations and any approved Overall Final Development Plan and Final Development Plan , approved for the property. Sheet 2 lb. Remove the Concept Plan, .as it is closer to a PDP than an ODP. Sheet 4 17. Replace the word "proposed" with "planned". C ORDINANCE NO.789 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING A VESTED RIGHTS AGREEMENT WITH FIRESTONE PARTNERS, LLC FOR THE TURNER COMMONS ANNEXATION PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AND AUTHORIZING EXECUTION OF SUCH AGREEMENT NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Recitals. A. C.R.S. § 24-68-104(2) authorizes local governments to enter into development agreements with landowners to provide vested property rights for a period exceeding three years. B. The Board of Trustees of the Town of Firestone, Colorado ("Town") has determined to enter into a Vested Rights Agreement for Turner Commons Annexation ("Vesting Agreement") with Firestone Partners, LLC ("Owner") for property commonly referred to as the Turner Commons Annexation, establishing certain vested property rights, and further finds and determines that vesting of property rights under the Vesting Agreement for a period exceeding three years is warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. C. All notices required for the public hearing(s) at which the Vesting Agreement and this ordinance have been considered by the Town were properly and timely published, posted and/or mailed in accordance with all applicable laws, and such public hearing(s) were held in accordance with all applicable laws. D. The effectiveness of the Vesting Agreement is conditioned upon the recordation in the real property records of Weld County, Colorado of an annexation ordinance and annexation map with respect to the annexation to the Town of the property described in the Vesting Agreement, and upon the other conditions stated in the Vesting Agreement. Section 2. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Vesting Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 3. The Vesting Agreement, a copy of which is attached hereto and incorporated by this reference, is hereby approved. Section 4. ' The Mayor and Town Clerk are hereby authorized to execute the Vesting Agreement on behalf of the Town, on condition that the Vesting Agreement is first executed by Owner; provided, however, that the Mayor is hereby further granted the authority to negotiate and approve such revisions to the Vesting 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 Vesting Agreement are not altered. 1 Section 5. All ordinances or portions thereof inconsistent or conflicting withthis ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Within 14 days after the passage of this ordinance a notice shall be published in the designated newspaper for legal publications of the Town that advises the public of (a) the approval of a site specific development plan and creation of a vested property right, (b) the general type and intensity of uses approved in the site. specific development plan and a reference to this ordinance, and (c) the description of the subject property which shall include a legal description and a vicinity. description by reference to the adjacent or nearest road intersection. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 261h day of October, 2011. Attest: it UWl34 c� Ju y Hegwood Town Clerk, MMC TOWN OF FIRESTONE Chad Auer Mayor TOWN m i S, o ro , f owe ��UNrY, Gam 2 APPROVAL OF THIS PLAN CREATESA VESTED PROPERTYRIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S, ASAMENDED VESTED RIGHTS AGREEMENT FOR TURNER COMMONS THIS AGREEMENT is made and entered into this 26 day of October, 2011, by and between the TOWN OF FIRESTONE, a municipal corporation of the state of Colorado (the "Town") and FIRESTONE PARTNERS, LLC, a Delaware limited liability company (the "Developer"). WHEREAS, the Developer is the contract purchaser of that certain real property located within the Town legally described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"), which is in the process of being annexed. to the Town as the Turner Commons Annexation; and WHEREAS, the Developer has applied for and the Town has conditionally approved the Turner Commons Outline Development Plan (the "ODP" or the "Project") and an Overall Final Development Plan ("OFDP") for the Project, conditioned'upon Developer acquiring fee title to the Property; and WHEREAS, the Developer has requested that upon effectiveness .of the annexation, the Town rezone the Property from its current County C-3 (Business Commercial) zoning to Planned Unit Development with Regional Commercial land uses (PUD-RC) pursuant to the Firestone Development Regulations; and WHEREAS, the Parties recognize that due to fluctuating market conditions and economic cycles, and the need for substantial. financial investment, it may take several years to develop and complete the Project; and WHEREAS, the Project will benefit the publicby providing increased property taxes, use taxes and sales taxes, and that it is therefore in the interest of the Town, its residents and its taxpayers that the Project be developed as setforth in the ODP and OFDP; and WHEREAS, the Developer has requested the Town grant the Project vested property . rights pursuant to Chapter 17.42 of the Firestone Municipal Code ("F.M.C."); and WHEREAS, while the Town declines to designate either the ODP or the OFDP a "site specific development plan" as defined in F.M.C. § 17.42.020 or as that term is used in C.R.S. § 24-68-101, et seg., the Town has agreed to grant such vested property rights to the extent specifically provided herein; and WHEREAS, this Agreement was approved by the Town's Board of Trustees after notice and a hearing in accordance with C.R.S. § 24-68-103(1)(b) and F.M.C. § 17.42.030. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, the Town and the Developer agree as follows: I. Incorporation of Recitals. The Parties confirm and incorporate the foregoing recitals into this Agreement. (00042265.D0Q2) {00042265170CI) 2. - Purpose The purpose of this Agreement is to set forth the terms, conditions and extent of vested property rights created pursuant to Chapter 17.42 of the F.M.C. Except as expressly provided herein to the contrary, all terms and conditions herein are in addition to all requirements concerning subdivision and development of property contained in the F.M.C. and the Firestone Development Regulations. This Agreement creates certain statutory vested property rights and establishes the duration of such vested property rights, as expressly provided in Paragraph 3 below and pursuant to C.R.S. § 24-68-101, Rt seg. and F.M.C. Chapter 17.42. I Zoning and Development, Establishment of Vested Property Rights. A. The Parties recognize that it is the intent and desire of the Developer to develop the Project in a manner generally consistent with the requested PUD-RC zoning and as more particularly described in the ODP and OFDP attached hereto as Exhibit B. The Developer shall take all action necessary to permit approval of the zoning and statutory vested property rights by Firestone. B. The zoning application, ODP, and OFDP submitted by the Developer proposes that the Project will be developed as approximately five commercial lots to accommodate potential uses consistent with the Town's PUD-RC land use category, including fast-food restaurants, sit-down restaurants, convenience store with gasoline pumps, a hotel and other similar commercial uses consistent with the retail development in Firestone along Firestone Boulevard. The Parties agree that upon approval and the effectiveness of the zoning request, the ODP, OFDP, and this Agreement, the uses set forth in the Firestone Development Regulations for the PUD-RC land use category shall constitute a site specific development plan cinder C.R.S. § 24-68-102 and F.M.C. Chapter 17.24, subject to the mass, bulk and other requirements of the Firestone Development Regulations. Pursuant to C.R.S. § 24-68-104, F.M.C. § 17.42.060, and Resolution No. such land uses shall vest for a period of nine (9) years from the Effective Date (as defined in Section 7 below). C. Nothing in this Agreement shall preclude the application of other Town ordinances, resolutions, rules and regulations pertaining to the development and use of the Property or preclude the requirements for approval of more specific subdivision, zoning and development plans for the Property, so long as such ordinances, resolutions, rules, regulations, and approvals do not deny the uses that constitute a site specific development plan as recognized in subparagraph B, above. Further, nothing in this Agreement shall preclude subsequent regulation of such established vested property rights as permitted under C.R.S. § 24-68-105, including but not limited to the application of Town regulations that are general in nature and applicability (including, but not limited to, building, fire, plumbing; electrical and mechanical codes, the F.M.C., and other Town rules and regulations) or the application of state or federal regulations, as all of such regulations exist or may be enacted or amended from time to time.. The Developer does riot waive its right to oppose the enactment or amendment of any such rules and regulations; however, it is specifically acknowledged that the application of lawful regulations of such types may adversely affect the ability of the Developer to recognize t00042265,00c:21 [ao042265.DOC:21 2 the uses set forth above, and that no statutory vested rights ,shall exist with respect to such uses that are so affected. D. After expiration of the term of the statutory vested property rights set forth herein, the Property shall continue to be subject to the ordinances, resolutions, rules and regulations of the Town for so long as it is located within the municipal boundaries of the Town, and the statutory vested property rights established by this Agreement shall be, deemed terminated and of no further force and effect. However, the termination of such vested property rights shall not affect any common-law vested rights or any other rights arising from this Agreement or from any Town permits, approvals or other entitlements for the Property. 4. Right to Cure. Before bringing any action against the Town under this Agreement, the Town shall be given written notice of any claim of a breach or default by the Town hereunder and the Town shall have sixty (60) days after receipt of such notice in which to cure any such breach or default; provided, however, if the breach or default is not reasonably susceptible of cure within such sixty (60) day period, the Town shall be given an additional period of time as may be reasonably necessary to complete the cure provided that the Town commences to cure the breach or default within such sixty (60) day period and thereafter diligently pursues the same to completion. S. ' No Town Responsibility for Outside Causes, The Town shall not be responsible for and there shall be no remedy against the Town if development of the Property is prevented or delayed for reasons beyond the control of the Town. 6; Developer's Remedies. In the event of any impairment of the statutory vested property rights established hereunder, the Developer agrees its sole and exclusive remedies for the impairment of such statutory vested property rights shall be those set forth in C.R.S. § 24-68- 145(1)(c) as in effect on the date of execution hereof, and the Developer specifically waives all other remedies with respect to any such impairment, including but not limited to contract damages. Notwithstanding the foregoing, the Developer further agrees that its sole and exclusive remedy for any such impairment resulting from an initiated measure shall be the equitable remedy of specific performance, and the Developer' specifically waives any other remedies. 7. Recording of Agreement. The Developer will record this Agreement in the office of the Clerk and Recorder. of Weld County, Colorado, in conjunction with the recording of applicable annexation materials and deed conveying the Property to Developer.. Developer shall provide the recorded Agreement to the Town. For purposes of this Agreement, the "Effective Date" means the later of that to occur: (i) the Developer acquiring fee title to the property, and (ii) the recordation of this Agreement. S. Binding Effect of Agreement. Commencing on the Effective Date, this Agreement shall run with the land included within the Property and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. (00042265MOC:2)(o0042269.DOM ) 9. Modification and Waiver, No modification of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement, and no waiver of the breach of the provisions of any section of this Agreement shall be construed as a waiver of any subsequent breach of the same section or any other sections which are contained herein. This Agreement may be amended only with the prior written consent and approval of each of the parties hereto following public notice and public hearing. This Agreement may be amended by the Town with the mutual consent of any subsequent owner of any portion of the Property without the consent of other subsequent owners of other portions of the Property so long as such amendment affects only the amending owner's portion of the Property. Any such amendment shall be recorded in the Weld County, Colorado real property records and shall be a covenant running with the land and shall be binding upon all persons or entities now or hereafter having an interest in- the Property subject to the amendment unless otherwise specified in the amendment. 10. Developer Reliance. The Town acknowledges that the Developer is relying on the vested rights in connection with its acquisition and development efforts in connection with the Property. 11. Addresses for Notice. Any notice or communication required or permitted hereunder shall be given in writing and shall be personally delivered, or sent by United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed as follows: TOWN: Town of Firestone 151 Grant Ave. P.O. Box 100 Firestone, CO 80520 Attention: Town Manager With a copy to: Light, Kelly & Dawes, P.C. 1512 Larimer St., Suite 300 Denver, CO 80202 Attention: Sam Light DEVELOPER: Firestone Partners, LLC C10 Redwood Real Estate Partners 30342 Esperanza Rancho Santa Margarita, CA 92688 Attention: Scott Grady Packard & Dierking, LLC 2595 Canyon Blvd., Suite 200 Boulder, CO 80302 Attention: Keirstin Beck or to such other address or the attention of such other person(s) as hereafter designated in writing by the applicable parties in conformance with this procedure. Notices shall be effective upon mailing or personal delivery in compliance with this paragraph. 12. Previous A cements. All previous written and recorded agreements between the parties, their successors, and assigns, including, but not limited to, any Annexation Agreement and Cost Agreement, shall remain in full force and effect. If any prior agreements conflict with this Agreement, then this Agreement controls. (00042265.DOC:2)(00042265,DOC:2� 4 13. Title and Authorift The Developer warrants to the Town that it is the contract purchaser of the Property and is acting with the consent of the record owner of the Property. The undersigned further warrants to have full power and authority to enter into this Agreement. 14. Severx ili This Agreement is to be governed by and construed according to the laws of the State of Colorado. In the event that upon request of the Developer or any agent thereof, any provision of the Agreement is held to be violative of the municipal, state, or federal laws and hereby rendered unenforceable, the Town, in its sole discretion, may determine whether the remaining provisions will or will not remain in force. If, by the action or upon the request of any person or entity other than the Developer or an agent of the Developer, any provision of this Agreement shall be held to be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision of this Agreement, and the parties agree to renegotiate that provision so that it is valid, legal and enforceable and to reflect as closely as possible the original intent of the parties hereto as expressed herein with respect to the subject matter of the provision. 15. Adoptior► of Agreement a Le&1ative Act. The adoption of this Agreement, and any amendment to this Agreement, shall be deemed to be a legislative and administrative act of the Town, and not as an act of the Town in a judicial, quasi-judicial or other capacity. 16. Covenant of General Cooperation. The parties covenant and agree to cooperate in good faith with one another in the performance of their respective rights and obligations hereunder in order that each may reasonably realize their respective benefits hereunder. 17. No Third Party Beneficiaries. Except as otherwise provided herein, none of the terms, conditions or covenants contained in this Agreement shall be deemed to be for the benefit of any person not a party hereto, and no such person shall be entitled to rely hereon in any manner. 18. Headings for Convenience. All headings and captions used herein are for convenience only and are of no meaning in the interpretation or effect of this Agreement. 19. Aaplicable Law. This Agreement shall be interpreted and enforced according to the laws of the state of Colorado. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. TOWN OF FIRESTONE, COLORADO I: ATTEST; Judy Hegwood, Town Clerk 100042265.DOC:2} (04042265.DOC;2) Chad Auer, Mayor DEVELOPER: FIRESTONE PARTNERS, LLC, a Delaware limited liability company By: Title: ACKNOWLEDGMENT STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2011, by as of Firestone Partners, LLC, a Delaware limited liability company. Witness my hand and official seal. My commission expires: (SEAL) Notary Public 4 . 1 (00D42261DOM) (00042265.DOC:2) f OW TRUSTEIVS TI iE, TOWN OF FIRES `ONEz OL Section I. & 14 A. .. `fie Town ' ofFir °t6 c,. ,olio tlb: .'TOW, . im i i '. c orpor tort bfthe, tat :'h'rCo,lbc d 1-he To t ' c t� in the devt10 xtent o ti�: property Itl "t"the, t'altt� the%r�rR.tt lh'zc- that is in the graces or being arlkmke4 to the'T t U r Commons wmexauun,�M. that, is t b-y fir stone" to ) and.the Town furdler'desires to "cam ra e, �y (� 'y�1 yy 4�$�j. gypsy .{�'yy {y g�}] ((, �q j7�' gy.p� g�y�fp��g9... q�, r g�. [� p�?.�kay� ].`�.} y�py y� y yam" [,�t3 'i''A� � 3£S�It' ��f'e�`$A 4i.43: :5 - �ii 7i- WlR., € YM1�T: i`Vf7.k 3k Yi�.i_s � FOiw@.E�1.R IDib k4`4^f.i, f�A ;er Commons. Annexation), tweerk 'the Town: wid t Developer (the "Arc entr a Atl capjUdWA te= used fand not oth rw efi hch l uiv t"he its the AetWtt. .; P.-Orsuant.. to A eel tioti of CDis Intposmg and. Impltmenting the Tumjer Commons, Project- linprovements Fee e VIF ovenauf the, or St WCS CUM W1 Pm ►`c ant mi thc: Imo' : Pr peM,..j which, to:'be uwd to contribute to the fi"saucing of public and niratt improvements, ,. t - t und related amtrudes rielated t Pumm .to the rsf -th+e Tow d si s to provide- a, tax ret.cr►rast the cshl`tstr: to payi eoifleciu&dr remit iorivf sales t io the Townfor ",Its s t tita h� ' ` ct the j t :impro t �`� : �i � i. "rho entAgleemas the dit PIF. °' x tion 2. Mi M tic .: Al.l 11 UtA incortsismut. w1 It the proVisions,, 6.t. tlu ' or the Boa of TruAmsOf the, and outer officers, empioyees and: agents of the Tbtivn ip, con with the Agreemmit mod' the implementation of tl ro st th r t afire b rC ., z tid vtd fin € y eat ttd : Chapter :of (he bit e: Miilkip6l Code i amended bit tltc- dditl n ofth rbtlowig provisiow, oiwrit t n envy other, proansf this hap* T and 11` ord t,. to it pl xnnc rov*ns of-theof-the Ir6proveinents .RtimbunktrIent bet -tt. tltt owv d it tb . fie Pallne. 6 PLC: t . shall be t d .to. 6 . r o r 61i dbl� t� t ; 00l anl remit 1110 a mX-0 fle $talc or provision. i0 f ds"or'senices whit are,. salts taxes,occurriuilg Wit the- l tortf°,_ao, defied try the li lrl and.. lnl'plefli�,ndng tl `try t ;�rVert Fee:. 111C 'Pir Vvenant' and to t . erei by this.. Cmixei a. (4RlF#:7s coliit3rio7.A,iof the: vk iA7'.L3. Bart rR h.. Such t&x cr dot AM].; Nted i . nm of a ucti n to . f applicable,, he's tax rate tin an � amount equal to a- percent (1,.Ot l which is. tMuivalent.to, the raitt d lh6tredifFlf d h t), itaclt to a, ; ttciil .. motion 001Y 416.41W extent fist the Ctait PIP Rcvtnu x cetyc 'l e Pl Il tit a t r t e l such tillosaction. 'The salmi tax e edi slut e'Sect immediately , upon. a ap l ble retailer's M anc t by 'Jfie PW Colketiq Agent(Triistee of tiie Credit PIr ReveqULCS i a0cordwwe with ,t fie l?lP Covenan'tandthe Agwtment as refleewd` on the retailer�s i odd 1 tom.; a tt t c vredit ADA b � tt d rr lta t "r dit PIF pen'o . sh l l t rmi n t - when: fie, Credt PIFNn.bd terminates. A 1. capiulizp4term used in .th" P tlo;:. and -defined u, sball l e. Ihci rhk i : tion 4. ` E ' ct .off . �r Ott The �� '` fiord h b . etem � t at �t �a ice , d i � : " t . e t t r : t t1a 7` n�arldilua 'nothing hr to or In: .the Agmement. ervates a-muldple',riscal: year.financW oblige � or oar indebtedness ends or ft o*,m 'No i6g .h ein,, t eea t; & i the. VIF,Covenmil pro 1 1 the 'I`o1 amend'.. r, r i iti this tag edit,,: tictttr.AlI _.oi: rlttons and orm-mea or pw. thlemof. inconsiswnt "herewithiLaft, herb ey repealer t n This repaer shall got be congx � .y! , order re .Wfidn m ordinance r Patt thereof:, .h i . Wore repealed. Section � ' � t . e amendmtnito. Chapter 1-08 of ATTEST, � wdo R 1 , e ; . f . TOWN own it A! SEA, )Cc)) NTM' ,G oo m ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 5.04 OF -THE FIRESTONE MUNICIPAL CODE TO AUTHORIZE THE TOWN TO DENY, SUSPEND OR REVOKE A BUSINESS LICENSE IF THE.BUSINESS VIOLATES ,FEDERAL, 'STATE OR LOCAL LAW WHEREAS, the Board of Trustees previously adopted Chapter 5.04 of the Firestone Municipal Code to require a general: business .license for all businesses; within the Town and to set forth other.requirements and procedures related 'to the issuance of business licenses; and. WHEREAS, the Board 'of Trustees desires to amend Chapter 504 to: authorize the Town to deny, .suspend or revoke a business license or an. application therefor if the business is in violation of any federal, state or local law, ordinarnc.e,:ruile or: regulation; and WHEREAS, the Board 'of Trustees .finds .that .such amendments will :further the public health, safety, and general welfare and are authorized by state law; including but not limited to, C.R.S. § 31.15-501; NOW, THEREFORE, BE IT ORDAINEDBY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.04.070.A.2 of the Firestone Municipal. Code is hereby amended to read as follows (words to be added'are underlined): 5.04A70 Denial -- .Authority. A. The Town Clerk may deny an application for a license under this Chapter. upon a determination that: 2.. The conduct of any acti-ity connected to the business for which a license is requested would be in vibla 4AH violate, any provision of this Code or :any. federal, state or local law; ordinance; rule or re ulation; section'2. Secti6n.5.04.160.A.2 of the Firestone Municipal Code is hereby amended to. read as follows (words to be added are underlined; words to be deleted are std&ea dffeiigh): 5.04.160 Suspension or revocation: A. In addition to: ariy other provisions of this Code. or other ordinances of :the Town, the Town Clerk may cancels suspend or, revoke a license or permit - issued under this Chapter if: - l The licensee or hisor her employee or went conducis.!any actiVily (c'�onnected with tl c. business.in violation of;�e§°any_provision . of- L is' ti6d& ' bi n4�Th�i—�'� `�'rir�in .. ... ., . or. any. federal- :state, or..localla`w ordinanm rule; or. regulation; Section 3. `If, any :section;; paragraph; sentence,. Clause,. or: phrase of this ordinance; is .held to lie uncon8tituttorial of, invalid. for ariy reason, such decision shaft riot affect the; validity or 'con"stitutioriality of the: ,remaining portiaris of this ordinance:, The Board of Trustees liereby declares .that it would layepassed this ordinance and; -each part.or, parts hereof irrespective:of'the fact that any one or parts:be declared:unconstitutiorial. or `i avali'd. Sechoq 4. All, other ordinance or portions. thereof inconsistent or. conflicting with,: this', ordinance or� any por i. ii lereof are hereby repealed to. the extent of, such: inconsistency .or conflict! INTRODUCED; READ, ADO DOPTED; APPROVED;. AND-ORDERED.,PUBLISHED< IN FULL this 2 00'dafy oO ATTEST:' of _ c vao �P E f '$ J. y Hegwoo ,Town Clerk U•r �rMO�,'r�` ` V � d. �o t I llilll illil Illilll III illll Illllil IIIII III IIIII IIII IIII 3806461 11/17/2011 04:33P Weld County, CO 1 of 4—R 26_00 D 0.00 Steve Moreno Clerk & Recorder _ ORDINANCE NO. 7 c?­ . AN ORDINANCE DISCONNECTING FROM THE TOWN OF FIRESTONE, COLORADO, A CERTAIN PARCEL CONSISTING OF A PORTION OF WELD COUNTY ROAD 26 RIGHT- OF-WAY WHEREAS, the Town of Firestone and the City of Longmont are parties to a Coordinated Planning Agreement (the "Agreement") dated June 14, 2011, the purpose of which is to promote cooperation between the municipalities as it may. relate to exchanging information regarding land use and development activities within their respective jurisdictional limits or revisions to their respective comprehensive/master plans with respect to the Union -St. Vrain Planning Area; and WHEREAS, pursuant to Section 4.6 of the Agreement,.Firestone. agreed to.disconnect from the Town approximately 5.68 acres of Weld County:Road 26 from its current westernmost limit near Union. Reservoir: to the east edge of the Great Western Railroad right-of-way near the intersection with Weld County Road 5, as more particularly described in Exhibit A attached hereto (the "Property"); and WHEREAS, upon the Town's action to disconnect the Property, Longmont has agreed to promptly annex the Property and to grant the Town reasonable .public street accesses to the Property; and WHEREAS, for purposes of implementing Section 4.6 of the Agreement, there has been presented to the Board of Trustees a petition requesting the Board adopt an ordinance disconnecting the Property from the Town pursuantao C.R.S. § 31-12-501; and WHEREAS, pursuant to C.R.S. § 3142=501, the Board of Trustees has given due consideration to the petition and proposed disconnection of the Property from the Town; and WHEREAS, the Board of Trustees finds and determines that the best interests of the Town and its citizens will not be prejudiced by the disconnection of the Property from the Town; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. § 31-12-501, that certain real property described in Exhibit A, :attached hereto and incorporated herein by this reference (the "Property"),, is hereby. disconnected from the Town of Firestone, Colorado, and is excluded from the corporate boundaries of the Town. Section 2. The disconnected Property shall not be exempt from the payment of any taxes lawfully assessed against it, if applicable, as provided in C.R.S. § 31-12-502 and shall be subject to any exercise by the Town of its rights under C.R.S. § 31=12-503. .1 iilllllllllllilllllllllliilllllllllllllllillilllilillll 3806461 11/17/2011 04:33P Weld County, CO 2 of 4 R 26.00 D 0.00 Steve Moreno Clerk & Recorder Section 3. The Town Clerk shall file two certified copies of this ordinance in the office of the Weld. County Clerk and Recorder, and shall take such other actions as are necessary under C.R.S. § 31-12-501 to effect the disconnection of the Property. INTRODUCED, READ ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisZb,4' day of �}C r , 2011. TOWN OF FIRESTONE, COLORADO r1JA Chad Auer, Mayor ATTEST: Lt u y egwocy, Town Clerk. STOto rn' SEAL 1 2 H1 U11 11UH 11HI $ 1111 $1 A 38064ti1 11f171201 1 1 04:33P Weld County, CU 3806 3 of 4 R 2fi.00_ D O.i34_ Steve Moreno Clerk & Recorder EXHIBIT A WELD COUNTY ROAD 26 A strip of land being a portion of the Union Annexation Number Two located in the North'/ of Section 5, Township 2 North, Range 68 West of the 6" Principal Meridian and the South'/ of Section 32, Township 3 North, Range 68 West of the 6'" Principal Meridian, Weld County, Colorado, said strip of land being more particularly described as follows: Commencing at the North Y4 Corner of said Section 5, whence then Northeast Corner of said Section 5 bears North 89°31'00" East, 2696.54 feet, said line forming the Basis of Bearing for this description; Thence North 00010'27" East, 30.00 feet to a point on the North Right -of -Way line of Weld County Road 26 and the True Point of Beginning: Thence North 89°31'00" East 2512.14 feet along said Right -of -Way line to a point on the East Right -of - Way of the Great Western Railway; Thence along said Railway Right -of -Way along the.arc of a curve to the right (said curve having a Radius of 1478.11 feet, a central angle of 02°38'50", Chord of said arc bears South 28°01'50" West, 68.28 feet) a distance of 68.29 feet to a point on the South Right -of -Way line of Weld Country Road 26; Thence South 89031'00" West, 2,479.09 feet along the South Right -of -Way line of Weld County Road 26; Thence South 89°41'22" West, 1661.20 feet along the South Right -of -Way line of Weld County Road 26; Thence North 36°31'56" East, 37.49 feet to a point on the North line of the NorthwestY of Section 5; Thence North 89°41'22" East, 15.43 feet along said North line; Thence North 49°51'56" East, 46.84 feet to a point on the North Right -of -Way line of Weld County Road 26; Thence North 89041'22" East, 1586.69 feet along said Right -of -Way line to the True Point of Beginning. The area of said strip being 247,395 square feet or 5.68 acres, more or less. Exhibit A i IIo.6�ii EXHIBIT A p 1 i NE COR. SEC. 5 o ro i T2N, R68W, 6TH P.M a� o i SECrION 32 R=1473.11' CDCD TRUE POINT OF BEGINNING DELTA=2'38'50" w N49'51'56"E CH=S28'01'50"W 46.84' - CITY OF LONGMONT Lchord= 6$.28' C , MOREY 00'l0'27"E 0.QQ L.actual=6$.29' N89'41 22 E 15.43' LINDBERG N$9'41'22"E CAIN 4\N N89'31 00 E _ 1586.69 D COUNTY ROAD 26 2512.14' "� m� — — UNION RESERVOIR N. LINE NW1/4; C. 5 NE NE1/4, SEC. 5 S89'31'00"W P° a LAWSON 2479.09' � i ■*� " N36*31 56 E C, 37.49 ' " 589'41 22 W PO! OF COMMENCEMENT n o 1661.20' N 1 4 COR. SEC. 5 T2N, R68W, 6TH P.M V LIFEBRIDGE CHRISTIAN P��vyF UNION NORTH LLC � CHURCH E HIGHWAY 119 SZ-6 HOLDINGS LLC LIFEBRIDGE CHRISTIAN CHURCH N SHERRELWOOD INC FIRESTONE - .. .SCALE: 1"=500' A COMMUNMY IN MOVON OCTOBER 2011 `i rc Sin h.)o ORDINANCE NO. 793 AN ORDINANCE AMENDING SECTION 13.24.480 OF THE FIRESTONE MUNICIPAL CODE TO INCREASE THE STREET LIGHT FEE 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 fee for this service is collected through the billing for the water system; and WHEREAS, after review and analysis of the costs of operating and maintaining the Town's street and signal lights, and in consideration of increases in the costs of operating, maintaining and improving the Town's street and signal lights, the Board of Trustees has determined that an increase in the street light fee is necessary; and WHEREAS, the current street light fee does not adequately provide for the capital needs and operations of the Town's street and signal lights; and WHEREAS, the Board of Trustees by this ordinance desires to increase the fee for Town street and signal lights, effective January 1, 2012; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 13.24.080 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined): 13.08.080 Street light charge. There is hereby imposed a uniform service charge for the provision of street lights, including signal lighting, of three dollars and forty -eights cents per month upon each residence, business and other establishment having a water service account with the Town. Such charge shall be assessed upon each monthly water service bill of the Town and payable at the same time as such water service bill. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. The repeal or modification of any provision of any prior ordinance by this ordinance 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 1 provision, and each provision shall be treated and held as still remaining in force 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. 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. Section 5. This ordinance shall take effect January 1, 2012. INTR_OpUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 9'- ' day of tl 0 u-e to 6 t' , 2011. TOWN OF FIRESTONE, COLORADO CUL Chad Auer, Mayor ATTEST: y He ood, Town CfiJk r1%. 2