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HomeMy WebLinkAbout2012 - 2013ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2,58,030 OF THE FIRESTONE MUNICIPAL CODE TO PROVIDE FOR AN ASSOCIATE MEMBER POSITION ON THE ,PARKS, TRAILS AND RECREATION ADVISORY BOARD WHEREAS, the Board of Trustees has previously created the Firestone Parks, Trails and Recreation Advisory Board ("Board") for the purpose of providing input, advice and recommendations on parks, trails and recreation issues of concern to the Town and its citizens, and the ordinances governing the Board are codified at Chapter 2.58 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees by this Ordinance desires to amend Section 2,58.030 to provide for an associate member position on the Board; NOW, THEREFORE, BE 'IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. 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 s eugh): 2.58.030 Members. A. The Parks and Trails Advisory Board shall consist of seven 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 Trustees. 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 appointments 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. B. In addition .to the regular members of the board, the Board of Trustees may appoint one associate member for a three-year term. The associate .member may be counted for purposes of achieving a quorum for the conduct of a meeting. The associate member may participate in any board discussions but shall not be entitled to vote except_ 8 follows: In the event_ that any regular member of the board is temporarily unable to act owing to absence from the town, illness, interest in a matter before the board requiring recusal, or any other cause, the absent member's place may be taken during such time by the associate member who shall'have all the powersof&reai.meniber:while servin !in the place of a re " ular member. 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 riot affect the validity, or constitutionality of the remaining -portions of this ordinance. The Board of Trustees hereby' declare"§ that'it would have passed this ordinance and each part. or parts hereof irrespective of the fact that any one pant. 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 inconsistency or " are :hereby .repealed to the extent of such Conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN ,FULL this z�day of �. J ran u a ✓mil )2012. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: egwoo , Town e* ��RES �QN a• To m SBAL .0 v t I q ORDINANCE NO. AN ORDINANCE APPROVING A PAID -UP OIL AND GAS LEASE WITH ENCANA OIL & GAS (USA) INC. WHEREAS, the Board of Trustees has the power pursuant to Section 31-15-713(1)(c), C.R.S. to lease real estate owned by the municipality when deemed by the Board of Trustees to be in the best interest of the Town; and WHEREAS; the Board of Trustees has the power pursuant to Section 31-15-714, C.R.S. to lease real estate owned by the municipality for oil and gas exploration, development, and production purposes when deemed by the Board of Trustees to be in the best interest of the Town; and WHEREAS, there,has been proposed a Paid -Up Oil and Gas_ Lease between the Town of Firestone and Encana Oil & Gas (USA) Inc. for the purpose of prospecting, drilling, mining, operating for and producing oil, and gas associated with certain Town -owned property; and WHEREAS, the term of the lease is for three years and as long thereafter as oil and gas is produced in paying quantities; and WHEREAS, such lease is subject to the requirement that the lessee and its successors and assigns shall not enter upon or use the surface of the leased premises for conducting any surface or drilling operations under the lease, which requirement is a material consideration of the lease and the Board's approval thereof, and WHEREAS, the royalty proposed to be paid to the Town pursuant to the lease exceeds the minimum requirements of Section 31-15-714, C.R.S., and the proposed lease complies with the other applicable provisions of said Section; and WHEREAS, the Board of Trustees has determined that the proposed lease is in the best interests of the Town and desires to enter into such agreement with Encana Oil & Gas (USA) Inc.; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES .OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Paid -Up Oil and Gas Lease (the "Agreement") between the Town of Firestone and Encana Oil & Gas (USA) Inc. for the purpose of prospecting, drilling, mining, operating for and producing oil and gas associated with certain Town -owned property as described in said Agreement is hereby approved in essentially the same form as the copy of such Agreement accompanying this ordinance. Section 2. The Mayor is authorized to execute the Agreement, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. 1 Section 3. The Mayor, Town Manager, and Town Staff are further authorized to do all things necessary on behalf, of the Town to perform the obligations of the Town under the Agreement, and to execute and deliver any and all documents necessary to effect the lease upon the terms and conditions of said Agreement, upon lessee's compliance with its obligations thereunder and all terms and conditions of said Agreement. 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 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. INTRQDUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , 2012. ATTEST: Heeod, Town Cle 2 TOWN OF FIRESTONE, COLORADO C U I Chad Auer, Mayor g PRODUCERS 88-PAID UP Rev. 5-60, No.'2-8pt. " Spec. CO OIL AND GAS LEASE AGREEMENT, Made and entered into the day of 2012, by and between Town of Firestone, a Colorado municipal corporation, whose post office address is P. O. Box 100, Firestone, CO 80520, hereinafter called Lessor (whother one or mote) and Encana Oil & Gas (USA) Inc., whose post office address is 370 17" Street, Suite 1700, Denver, CO 80202, hereinafter called Lessee, WITNESSETI-I, That the Lessor, for and in consideration of Ten Dollars ($10.00) DOLLARS cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter :ontained, has granted, demised, leased and let, and by these presents does grant, demise, lease and let exclusively unto the said Lessee, the land hereinafter described, with the exclusive nght for the purpose of drilling, mining" exploring by geophysical and other methods, and operating for and producing therefrom oil and all gas of whatsoever nature or kind, specifically including coalbed methane and any and all substances produced in association therewith from coal -bearing formations, all that certain tract of land situated in the County of Weld State of Colorado, described as follows, 0o-w1.1: Township 2 North. Ranee 68 West, 6'h P.M. Section 11: Part of the N 112 described as Tract B of Firestone City Centre Subdivision Filing No. 3 (containing 0.2 acres), and Tracts B and C of Eagle Crest Subdivision (containing 38.111 acres), more or less. together with any reversionary rights therein, and together with all strips or parcels of land, (not, however, to be construed to include parcels comprising a regular 40- + acre legal subdivision or lot of approximately corresponding size) adjoining or contiguous to the above described land and owned or claimed by Lessor, and containing " 38.311 acres, more or less. 1. It is agreed that this lease shall remain in force for a term of Three (3) years from this date and as long thereafter as oil or gas of whatsoever nature or # y kind is produced in paying quantities from said leased premises or on acreage pooled therewith, or drilling operations are continued as hereinafter provided. If, at the expiration of.the primary term of this lease, oil or gas is not being produced in paying quantities on the leased premises or on acreage pooled therewith but Lessce is e A then engaged in drilling or re -working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith, and operations shall be considered to be continuously prosecuted if not more than ninety (90) days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith, the production thereof should cease from any cause after the primary term, this lease shall not terminate if lessee commences additional drilling or • c re -working operations within ninety (90) days from date of cessation of production or from date of completion of dry hole. If oil or gas shall N discovered and produced as a result of such operations at or after the expiration of the primary term of this lease, this lease shall continue in force so long as oil or gas is produced in paying quantities from the leased premises or on acreage pooled therewith. in the event a well or wells is drilled and completed on the lands, or on the lands pooled therewith, for the purpose of developing c albed gas, the word "operations" shall mean, in addition to those matters covered in the preceding paragraph, (1) operations of said wells to remove water or other substances from the coalbed, or to dispose of such water er other substances, even though such operations do not result in the production of hydrocarbons in paying quantities, of (2) shutting -in or otherwise discontinuing production from said wells to allow for surface or underground mining effecting the drilisite or wellborn, 2. This is a PAID -UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary term Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to Lessor or by filing for record a release or releases, and be relieved of all obligation thereafter accruing as to the acreage surrendered, excepting any indemnification obligation for claims accrued prior to said release. 3. In consideration of the premises the said Lessee covenants and agrees: I' To deliver to the cre it of Lessor, free of cost, in the pipe line to which Lessee may connect wells on said land, the equal of I/O (16.67%) part of all oil produced and savec from the leased premises. 2nd To pay Lessor on gas and casinghead gas produced from said land (1) when sold by Lessee 1/6a (16.67%) of the net proceeds derived from such sale or (2) when used by Lessee off said land or in the manufacture of gasoline or other products, The market value, at the mouth of the well, of Ile (16.671/6) of such gat and casinghead gas, Lessor's interest, in either case, to bear 1/6' (16.67%) of the cost of compressing, dehydrating and - otherwise treating such gas or casinghead gas to render it marketable or usable and I16' (16.670/6) of the cost of gathering and transporting such gas and casinghead gas from themouthof the well to the point of sale or use. _ 3 e To pay Lessor for gas aroduced from any oil well and used off the premises or in the manufacture of gasoline or any other product, a royalty of 1/6'a (16.67%) of the proceeds, at the mouth ofthe well, payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used, Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder, such payment or tender to he made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from the dale such well is shut in and thereafter an or before the anniversary date of this lease during the period such well is shut in. If such payment fir tender is made, it will be considered that gas is being produced within the meaning of this Iease. 5. If said Lessor owns a less interest in the above described land than The entire and undivided fee simple estate therein, then the royalties (including any Shut-in gas royalty) herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee, 6_ Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for Lessee's operation thereon. 7. When requested by Lessar, Lessee shall bury Lessee's pipe line below plow depth. 8. No well shall be drilled and no facilities shall be installed, constructed or placed on the surface of the premises. 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises, including the right to draw and remove casing. 11. The rights of Lessor and Lessee hereunder maybe assigned in whole or part. No change in ownership of Lessor's interest (by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title form Lessor, and then only with respect to payments thereafter made, No other kind of notice, whether actual or constructive, shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned, no leasehold owner shall be liable for any act or omission or any other leasehold owner. 12. Lessee, at its option, is hereby given the right and power at any time and from time to time as a recurring right, either before or after production, as to all or any part of the land described herein and as to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land, lease or Lases in the immediate vicinity for the production of oil and gas, or separately for the production of either, when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise,. units previously formed to include formations not producing oil or gas, maybe reformed to exclude such non -producing formations, The forming or reforming of any unit shall be accomplished by Lessee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced, Production, drilling or reworking operations or a well Shur in for want of a market anywhere on a unit which includes all or a pan of this lease shall be treated as if it were production, drilling _ or rewarking operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gas royalties, Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. In addition to tho foregoing, Lessee shall have the right to unitize, pool, or combine all or any part of the above described lands as to one or more of The formations thereunder with other ]ands :n the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions, and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of this lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such plan nr agreement, and this lease shall not terminate or expire during the life of such plan or agreement. In the event that said above described lands or any part thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the iand covered by said plan, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to Lessor, be regarded as having been produced from the particular tract of land to which it is allocated and not to any other tract of land; and the royalty payments to be made hereunder to Lessor shall be based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee, 13 When operations or proeuctiom are delayed or interrupted by lack of water, labor or material, or by fire, slam, flood, war rebellion, insurrection, not, strike, differences with workmen, or failure of carriers to furnish transport or famish facilities for transportation or lack of market in the field for the minerals produced, or as a result of any cause whatsoever beyond the control of Lessee, the time of such delay or interruption shall not be counted against Lessee and this lease shah remain in force during such delay or interruption and ninety (90) days thereafter, anything in this ]ease to the contrary notwithstanding, 14, Lessor hereby warrants and agrees to defend the title to the lands herein described against claims arising by, through and under Lessor only, and agrees that the Lessee shall have the right at any time to redeem for Lessor, by payment, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by Lessor and be subrogated to the rights of the holder thereof, and the undersigned Lessors, for themselves and their heirs, successors and assigns, hereby surrender and release all right of dower and homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should anyone or mote of the parties hereinabove named as Lessor fail to execute this lease, it shall nevertheless be binding upon all such parties who do execute it w Lessor. The Word "Lessor;' as used in this lease, shall mean anyone or more or all of the parties who execute this lease as Lessor. All the p!ovisions of this lease shall be hinding on the heirs, successors and assigns of Lessor and Lessee. - 14, Lessee shall famish to Lessor copies of all production reports filed with Stale or Federal agencies reporting production from wells on the leased premises and land pooled or unitized therewith. Such copies shall be delivered to Lessor within thirty (30) days after they are filed. Lessor shall have the rigit at any auie after royalty becomes payment, upon ninety (90) days notice and at Lessor's expense, to audit Lessee's production and sales records to determine that rol+alty has been properly paid, which such audit shall occur at Lessee's normal place of business- The delivery craft audit request to Lessee by Lessor shall suspend the running of any limitation or time to seek remedy for unpaid royalty until 30 days alley the audit is complete or ninety (90) days of such request, whichever is lesser 17_ Lessee will indemnify and hold Lessor, its officers, employees, agents, successors and assigns (the "Indemnified Parties") harmless from an-- and all claims, demands, suits, losses, damages and costs (including without limitation, any reasonable attorney fees) incurred by the Indemnified Parties which may be asserted against the Indemnified Eames by reason of or which may arise out of or which may be related to Lessee's activities .under or pursuant to this Lease (including, without limitation, any claims by any owners or lessees of minerals that Lessee's operations hereunder are either illegal, unauthorized, or constitute an Improper Interference with then rightsl. I& NOTWITHSTANDING ANYTHING HEREIN CONTAINED TO THE CONTRARY, IT IS UNDERSTOOD AND AGREED THAT LESSEE, IT SUCCESSORS OR ASSIGNS, SHALL NOT ENTER UPON NOR USE THE LEASED PREMISES FOR CONDUCTING ANY SURFACE OR DRILLING OPERATIONS HEREUNDER, NOR MAKE ANY OTHER USE OF THE SURFACE OF THE LEASED PREMISES. ANY PRODUCTION FROM THE LEASED PREMISES SHALL BE BY WAY OF POOLING AND/OR UNITIZATION AS PROVIDED HEREIN, OR BY DIRECTIONAL DRILLING FROM A SURFACE LOCATION ON OTHER LANDS AND BOTTOMED UNDER THE LEASED PREMISES, IN WITNESS WHEREOF, this instrument is executed as of the date first above written Attest: Judy Hegwood, Town Clerk STATE OF COLORADO 1 )� COUNTY OF WELD 1 Town of Firestone By: Chad Auer, Mayor Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah, Nebraska, North Dakota, South Dakota ACKNOWLEDGMENT (For use by Corporation) On day of A.D. 2012, before me personally appeared Chad Auer to me personally known, who, being by me duly sworn, did say that he is the Mayor of Town of Firestone, a Colorado municipal corporation, and that said instrument was signed in behalf of said Town of Firestone, and said official acknowledged said instrument to be free act and deed of said corporation. Witness my hand and seal this day of My Commission Expires Notary Public Residing at: Afierrecordinr<retum to Enema Oil & Gas (USA) Inc. 370 17" Street, Suite 1.700 Denver, CO 80202 Attn: Land Department A.D. 2012. REFERENCES: LETTER DATED 7/29/2011 OIL AND GAS LEASE T2N, R68W, 6TH P.M., SECTION 11: TRACT B OF FIRESTONE CITY CENTRE F3 AND TRACTS B & C OF EAGLE CREST SUBDIVISION TOTAL MINERAL INTEREST AREA = 38.311 ACRES LEGEND ® FIRESTONE PROPERTY SURFACE OWNERSHIP FIRESTONE PROPERTY MINERAL OWNERSHIP --- SECTION LINE THI5 EXHIBIT IS FOR /NFORMAT/ON Oft Y AND IS NOT A SURVEY. FIRESTONE SCALE: 1 "=800' w COMMUNrnr rNW07YON ` NOVEMBER 2011 EX�IIBIT - ENCANA OIL & GAS LEASEIWELL SALISBURY 2-4-11 REFERENCES: LETTER DATED 8/22/2011 WELL PROPOSAL: SALISBURY 2-4-1 1 TOTAL MINERAL INTEREST AREA = 5.45 ACRES LEGEND FIRESTONE PROPERTY SURFACE OWNERSHIP FIRESTONE PROPERTY MINERAL OWNERSHIP ENCANA WELL SITE SALISBURY 2-4-11 - - - - - ENCANA ROVING 160 SPACING UNIT --- SECTION LINE NTHIS EXHIBIT /S FOR INFORMATION ONLY AND /S NOT A SURVEY. FIRESTONE SCALE: 1 "=800' A COMMUNnT rx AtOnOAt NOVEMBER 2011 ORDINANCE NO. ' q 5 AN ORDINANCE APPROVING_ A PAID -UP OIL .AND GAS LEASE WITH NOBLE ENERGY, INC. WHEREAS, the Board of Trustees has the power pursuant to Section 31-15-713(1)(c), C.R.S. to lease real estate owned by the municipality when deemed by the Board of Trustees to. be in the best interest of the Town; and WHEREAS,.the Board of Trustees has the power pursuant to Section 3145-714, C.R.S. to lease real estate owned by the municipality for oil and gas exploration, development, and production purposes when deemed by the Board of Trustees to be in. the best interest of the Town; and WHEREAS, there has been proposed a Paid -Up Oil and Gas Lease between the Town of Firestone and Noble Energy, Inc. for the purpose of prospecting, drilling, mining, operating for and producing oil and gas associated with certain Town -owned property; and WHEREAS, the term of the lease is for three years and as long thereafter as oil and gas is produced in paying quantities; and WHEREAS, such lease is subject to the requirement that the lessee and its successors and assigns shall not enter upon or use the surface of the leased premises for conducting any surface or drilling operations under the lease, which requirement is a material consideration of the lease and the Board's approval thereof; and WHEREAS, the royalty proposed to be paid to the Town pursuant to the lease exceeds the minimum requirements of Section 31-15-714, C.R.S., and the proposed lease complies with the other applicable provisions of said Section; and WHEREAS, the Board of Trustees has determined that the proposed lease is in the best interests of the Town and desires to enter into such agreement with Noble Energy, Inc.; NOW, -THEREFORE, BE IT ORDAINED BY THE BOARD -OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Paid -Up Oil and Gas Lease (the "Agreement") between the Town of Firestone and Noble Energy, Inc. for the purpose of prospecting, drilling, mining, operating for and producing oil and gas associated with certain Town -owned property as described in said Agreement is hereby approved in essentially the same form as the copy of such Agreement accompanying this ordinance.' Section 2. The Mayor is authorized to execute the Agreement, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. 1 Section 3. The Mayor, Town Manager, and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town -under the Agreement, and to execute and deliver any and all documents necessary to effect the lease upon the terms and conditions of said Agreement, upon lessee's compliance with its obligations thereunder and all terms and conditions of said Agreement. 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 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. INTRODUCED, READ. ADOPTED, APPROVED,•AND ORDERED PUBLISHED IN FULL this day of rya✓ , 2012. ATTEST: t�peg od, Town C 2 TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor PRODUCERS 89-PAID UP Rocky Mountain 1995 No, I Rev. 8101 OIL AND GAS LEASE TR1S AGREEMENT, Made and ettcred into the _ day of , 2012, by and between the Town of Ftrstooer a Colorado mndcipal corporation, whose post office address PO_ Box 100, Fimslcm, CO 80504, bereirnlLer calkd Lessor(whcthcr one or more) and Noble Energy, Ire., a Delaware corporation whose post office address is 1625 Bmadway, Suite 2200, Demer, CO 80202, hereimfter called Lessee: WITNESSEIH: 1. That de Lessor, for and in considenuron of Ten and rmm dollars 4$ t0.00+) to hand P114 receipt and sufficiency of which is hereby acknowledged, aid of the agrecmcas of Lessee herenraRu set forth, hereby grans, demises, leases and lac it=h vuxiy onto Lessee the bids described below- molu ing all interests therein that Lessor may mw own or hereafter acquire for the purpose of u-sagit prospecting, egdorirg (by geophysical and other rmtiuds), drilling, mimrg, operating for prodnciig oil or gas, or both (as defined below), together with the right to camtmct and maintain a desg,mnd pipelines to produce, save and take care of said oil and gas, and the exdushx aght to inject air, gas, water, brim and other fields from arty Strome Lola the subsurface strata and raw and all other dghls and privileges necessary, mcideor to, or corwensm for the mom anal operation of said lard, atom or ca jointly with neighboring Imtd, for the and the injection of au, gas, water, brine, and otter fluids into the subsurface pn0mico0a —mg and taking care oil gas sierra, said soda being silnated in the County of WELD, Slate of COLORADO, describedas follows, m-wit: Township 2 North- Renee 67 West, 6t6 P M Section b; Part of ale SW14SE14 more particularly described as: Tract 0, Oak Meadows P.U.D., Filing 2, containing .019 acres, more or less. Part ofthe SW14SE14 more particularly described as: Being that portion a Tract A, Firestone Meadows P.U.D, located in SWI4SFJ4, Conttlinmg .284 acres, more or less. and contairing .303 acres more err less, fereiraaer carted "Leased premises". In adddon to the lard described above, lessor hereby gads, leases and lots exch moeiy unto Lessene, to the same extent o is spwifically, described, lands which are owned err claimed by Lessor by am of the following masons: (1) an lards and rights acquired or retained by Lessor by avufsmn, accretion, reliction or otherwise as the resit of a change he theboundaries or centerline of any rive[ or srrearo traversing or adjoining the lards descnbed above; (2) all n parsm lartds and rights which are or may be incident, appurtenant, related or attributed to Lessor in any lake, sheam or river tm ersinil or adjoining the lands described abore by vogue of Lessors Ownership of the bell described abort: (1) all lands included in arty road, easencnt or Fight - of -way traversing or adjoining the lards dcsenbed above which am or may be incident, appudemm, related or attributed to Lessorby virtue of Lessors ownership of the land dcecnbed above; and (4) an strips or tracts of land adjacem or earaigmmw to the lands described above awned at aogurired by Lessor threugh adverse possession or other similar statues of doe stam in winch the lands are located. 2. Suhjmt to dre other folic lions herein cumamed, this lease shall remain in force for a term of flame (3) years from this date (befeiu called •primary tern') and as long thewaiicr as oil and gas, or either of them, is produced in paying quantities from the leased promises or drilling opeca[ans are: condimvusly prosecuted. For purposes of this lease, "drilling opemkris" shall ircludc operations for the drniung of a row well and operators for the reworking, deepening or plugging back of a well a other opernwns conducted in an effort to establish, resume or reestablish production of oil and gas; drilling operations shall be considered to be •matimnously prosecuted" if col more than one hundred [weary (120) days shah elapse between the mnrplevon and abandonment of one well and the coutmenemnamt of driving operations on another well; the Lessee shall be'erprged in driving operations" or shall have marMc and drilling operations for a new well at such time as Lessee has begun the construction of the welsire location or the mad which provides aceeac to the wellskii location; and Lessee shall be •cagaged in driving openttions• or shall have commenced drilling operations with respect to eworlan deepening, plugging back or other operations conducted in an effort to resume or m-cstabvsh production of oil and gas at such time as Lessee has the requisime equipnert for such operatons at the wellsio. In addition, formal scam gas we1Lv, the term drilling operstians shall spec[ficany include the dewarering and associated testing of the well, and while the Issue is mildru rg such dewatering and testing, this lease shall rot Iettmnale but remain in force and effect mini such dewatering and [cling is complete and the well is elherabandoned or deemed lobe walla of producing ail aril gas. 3. This is a PAID -UP ]EASE. In consideration of the above cash paymena, Lessor agrees that Lessee shall rat be obligated c=%as otherwise provided he eir4 to war arms or continte any operations during fhe primary term Lessee may am arty lime or titres during or aver the prit" [ems swrender this lease m to all or any portion of said Lard and as to any strata or strain by delhving in Lcssar or by filing for record a relessc or releases, and be relieved of all ahngation mleneafleraarring as to the acmage surrendered, cxceptsrg aT idenoifiratimp obligation for claims acered prior (a said release. Royalties on oil, gas and other subsu was produced and saved hereunder shelf be paid by Lessee to Lesser as follows: (a) For all oil and other liquid hydrocarbons that am physically pmdDmd from the leased premises, the royally shall be 16.67 % (116 h) of such production, to be deli ctmd to Lessor at the pipeline mrreslion err storage tan ins. If Lessor does net elect to rake in ]ninth, then Lessor audlmrimes Wsm to either sell the royalty oil to a third party or purchase the royalty oil in the field based on a price equal to rite weighted avemge price of all lessee's oil produced from the field of similar grade and gravity. Lessor shall reazhv its propntiomm share arthe proceeds less is proportionate share of an costs annually incmmed by Lessee from the wellead to the point of sale and its sham ofall produuction, sc,cri me aid ad sabomm taxes, (b) Per gas (including rasifiElead gas) physically produced from the leased promises, and sold, lessor shall receive as is royalty lC67%(Ii& ) of the sales proceeds actually mmkd by Lessee as a result of the fast sale of the affected production, less this same percentage share of all Post Production Coss and production severance arid ad ,alon tm taxes. Post Pmducdoa mars shall mean all costs actually incurred by lessee farm and after the wellhead to the point of sale. Those costs include without linitadom all costs o gathering, madsetotg, compression, dehydmtirm, transportation, removal of liquid or gammon substances or impurities from the aBectcd production, and any other trct[mem or pmeesstng. For royalty cahailntion purposes, Lessee shaft neccr be required to adjust the sales proceeds to accaum for the purchaser's tests or charges downaheaw of the point of sale or rite easy to the first understate pipet im, whicbevcr is applicable. Whom gas from a well or wells capable of pmdming gas only is not sold or used for a period of one year, lessee shall pay or tender as royalty, One Dollar (S1.00) per year per net loyalty acre retained hereunder payable annually on the arrmvensany date of tuts lease following the end of each such year during which such gas is rat said or used, and while said myoty is so paid err tendered [his Inam shall be held as a producing property order Paragraph 2 herm t. 5, If Lessee drills a well whch is Imapable of producing in paying quantifies (ltpenatter mated •dry hots•) on the leased premises or lards flooded or andind �themwilk or Ball p:uductfon (whether or min paying goadiries) permamen ly ceases fromanq� cause, hclding a revisionof urdi bomtdarim pnunam to llcpmtisiom of Paragraph 8 or the action of ary gornmenerdal authority, then in the event this lease is rat otherwise being maintained For fora it shall reverthckss remain in force if Lessee min" Fees father operations 3or reworking deepening or ph ggieg back an existing well or for drilling an additional wen or far oflerwisc obmiing or restoring poduct m on rite leased presses or Ltrtds fooled or unitized herewith within ere hundred twenty (120) days after completion ofoperation; on such dry tole or within Ore hundred twenty t 120) days after such cessation of all production, or, should the lease W within the primary tern if Lessee commences sucb further opemtiom; provided that should completion of opmntioms on the dry Idle or cessaden of all production occur during the last year of the primly term no further operators, shall be .required to mo[nsin this lease fur the reminder of the prirory term If during or after the primary term this Imse is not oftmsc being no manned in force, bra Lessee is ilen engaged m drilling reworking or any other ope means reasonably calaolated to obtain wrestore prod,n Lion therefrom. this iease shall remain in form so long as any one or more of such upemtiars am prosecuted with no irtleagation of metre than ore hundred Merry (120) rorsem mot days, and if any such operations result in the production of on or gas or other substances covered hereby, and as long thereafter as there is production in poymng quuaruities from the leased premises or lands pooled or unitized therewith After completion of a wen capable of producing in paying cl areiries herenader, lessee shall drill such additional wells on the leased premises or Lands pooled or unitized therewith as a reasonably prudent operator would drill order the same or similar circumstances to (a) develop the leased premises as to reservoirs then capable of producing in paying quantities on the leased premises or lards pooled or cartized therewidn, or (b) protect lbc leased promises from ra orrpcasatcd drama p; by am' well err wells to sled on offer lards rat pooled or miti d therewith Theme shall be no oovemam to driA exploratory wells or all, additional wells except asexpressly provided herein S. If Lescorowr6 less than the fill mimnalesmle roan orany pan of0e tcascd prendssm noyahies and shag royalties hmeorder slialibe reduced n follows: royalbes and shin -in royalties for any well on any part of the leased preurisses or lands pooled or unitized themewgh shall be reduced to the proportion that Lessors interest in such pan of the leased pmroise, beets to the full mineral estate in such pat of the leased premises. To the went any royalty r other Moonlit au tibelahle to :be moment estmc eovtred by this lase is payable to soneore other than Lessor, such royalty or Oder payment stall he deducted from the corresponding amount mhcrwise payable to Lossar lercmdcr. 376992,1 7, NOTWITHSTANDING ANYTHING HEREIN CONTAINER TO THE CONTRARY, IT IS UNDERSTOOD AND AUREED THAT LESSEE, IT SUCCESSORS OR ASSIGNS, SHALL NOT ENTER UPON NOR USE THE LASED PREMISES FOR CONDUCTING ANY SURFACE OR DRILLING OPERATIONS HEREUNDER, NOR MAKE ANY OTHER USE OF THE SURFACE OF THE LEASED PREMISES. ANY PRODUCTION FROM THE LEASER PREMISES SHALL BE BY WAY OF POOLING AND/OR UNnuATION AS PROVIDED HEREIN, OR BY DIRECTIONAL DRILLING FROM A SURFACE LACATTON ON OTHER LANDS AND BOTTOMED UNDER THE LASED PREMISES. 8, Lessee shall have the not but tot the obligation to pool or unitize all or any part of the leased pneuiws or interest therein with any other lards or interests, as to any or an dep06 or zmcs, and as to arty or all substances covered by this lease, either before or after the wmrrercement of drilling or pmduclion,, wherever Lesser dcemts it necessary or proper to do so in order to pmdandly develop or operate the leased premises, whether or not smaller alto pooling authority gists with mspta to such other lids or interests. The creation of a uuut by such pooling shall be based on the following criteria (herciretter called "pooling crileria Y A urrit Ibr an oil well (other than a horizon;] completion) shall not excmd 40 acres plus a ram anrn acreage tolerance of l0a/; and for a gas well {other than a horizontal compteaoa} shall tot exceed 640 acres plus a maxbmun acreage tolerance of 10%; and for a horimraal completion shall nnf exowd 1280 acres plus a mnximu tr aaeago tolerance of I{Y3o; provided that a larger unit may he formed for moil well or gas well or lorimhhlel complexion to mnramm to any well spacing or density patent that tray be prescnLad err pemuthed by msv governmental andionly having jurisdiction to do so. For the purpose of the foregaing, the [cans mod well" and "pas well' shall have the naantags prescribed by applicable law or the appropriate govern metal authority, or, if rn defin den is w prescrt'hed, 'oil wen' mew a well with en tvtial gas-0:l auto of Is than 100,000 cubic feet per barrel and "ills will" means a well with an initial gas ul ratio of L00,000 cubic fed or tmx per barrel, based an a 24-bmur production test conducted under normal producing conditions wing standard /rase separator faclrties or equivalent tenIg equipment; and the term "hmsznrtal eampletion" mean; an oil and/or gas well in which the horizontal cor porem or the Boss completion interval in the rescmir is proposed to exceed the vemtical component thereof or which is deerrcd as a Mrizmtal well by any govemmenial authority having jurisdiction to do sa. [n esxnasing its pooling rights heneurdx, I.essee shall esecane a wriuco declaration describing the unit and smung the effetwe date of pooling, which may be retroactive to the date of first ptoduxaion Pmdue ion, drilling or reworking operations anywhere on a unit, which includes all at ay part of the kased pmmrses, shall be named as if t were production, drilling or rewmirinrg operations on the leased premises, except that the production an which Leswh royalty rs calculated shall be that proportion of the total unit production which the rcl aceage covered by this Iease and included to the war bears to the total gross acreage in the unit, (rid only to the emm such proportion of curb production is sold by Lessu. In the event a uuat is formed hereunder before the tort well is drilled and completed, so that the applicable poahgg criteria are not yet known, the tout shall be based on the paolrng criteria lessee expects in good f alb to apply upon wnpleton of the well; provided Ott within a reasonable time after completion of one well, the unit shag be revised if necessary to conform to the pooling criteria that actu ly exist. Pooling in one or more instances shall not exhtoat Lessee's poiding rights hereunder, and lessor shall have the terming rioter but not the obligation to revise ay unit formed hereunder by expansion or contraction or both, either before or after co armacereo of producton, in order to conform to the well spacing or density patcm prescribed or permitted by the gn•ernmertal authority having juuisduaipch or to eoudomh lo any productive acreage dererntiaWo made by such grnxnme" aulherdy. To m,se a unit hereunder, Lessor shall file of record a wime r declaration describing the revised out and suiting the effective date of revision To Oe exlclll ay portion of the leased prenuses is included in or excludnd fmm the unit by vin ue of surh revision, the proportion of unit production on which royalties are payable herender shall thereafter be adjwred accordingly. In the absence of production in paying quardides fmm a unit, or upon permanent p Lion thereof Lessee may terminate the unit by filing of record a wrtten declaration describing to n®1 and strong due dam of termination. Pooling hers miler shall not constitute a crass-cOnveymoc of IIQelVti6. 9_ Lessee shall have the ngb but not the obligation to carom all or ay pad of tic kasod premises or imaerust therein to ate ar more tout Dims or agreements for the woperatnre development or operation of ore or none oil and/or gas im—us or pardons thereof, if in Lessee's jrrdgncm such plan or agreement wnl prevent waste mid palm eorrchlive rights, aid it such plan or agreement is approved by the Cedeal, sate or boat governmental authority having jurisdiction When sack a wmmitmenl rs made, this lease shall be subject to the terms and conditions of the unit plan or agnunom, including any fomtda prescnbetil thcmin fro the allocation of Prediction. 10. The interest of either Lessor or L cssec hereunder may be assj9xA devised or otherwise transferred in whole or in part, by area amdfor by depth or ire, and to rights and ob*bom of to parties hereunder stall extend to their respective heirs, devisees, ewcators, administrators, succeswrs and assigns. No change in Lessees awm:34 shall lave the effect of reducing the rights or enlarging the obligations of Lessee hereunder, and no change in ownership shall be binding on lessee .mil sixty (60) days after Lessee has bun famished the ongiml or duly Rudcrrtiwted copies of the documents establishing such charge of orvactship m the mtistoction of Lessee or until lessor has satisfied the notification requirements contained in Lessee's m sal form of division order. In the event of the death of" person cmitcd to shut-in royalties I e ruder, Lessee may pay or tender such sfitrn royaldes to the credit of decedent or decedent's estate. [tat any tine two Or n4re persons am entitled to shut-in royalties hereorder, Lessee tiny pay or tender such slat-- m>raltfes to such persons or to their credit, elder joimhy, or scpamucty in proportion to the interest which each owns, If ItSace transfers its imertsl hereunder in whole or in pal Lessee shall he rcHaved of all abligalions thereafter arising with respect to tloc transferred interest, execNog any rndemnificmion obligation for claims accrued prior to said release, and fadum of the transferee to satisfy such obligations with respect to The transferred interest shag tot atect the rights of Lessee with respect to any interest not so harsfermd. If Lessee Iranmsfcts a Bell or urdividcd interest in all w arty ponion of the war covered by this }ease, the obligation to pay of tender shut-m royalties hercmdcr shall be dwided berween Lesser; and the transferee in proportion to Oc net acreage items[ in [Ids lease Oven held by each 11, All express and implied covenants of this lease shall be subject to an ficdcrat state, county or municipal 1aw•s, "ecti ive orders, mmlec and regulations, and Lessee's obligations and covenants hereunder, wheter express or irnplhA shall be suspended at the arm or Bon tine to time m cemph;mon with such obliigaliom and cma is is prevented or hindered by or is in conflict with federal, state, county or mnicipal laws, m ics, mguhtions or executre orders asserted as official by or miler public authority clalrmang jurisdiction, an Act of God, adverse field, weather or marks conditions, imbility to obtain motetials in tic open market or transportation IWXK wars, sbilres, lockouts, 6018, or other conditions or crictum „ors not wholly controlled by Lessee, and this lease shill not be terminated hn whole or in part, nor lessee held liable in darnalp for failure to comply with any such obligatiom or coverads if camphamc ihcrewilh is prevented or hindered by or is in conflict with any of the foregoing nxnuhaIiocs The tine during which Lessee shall be pmvenred from conducting drilling or reworking operations daring the primary Iarm of dug lease, under the comingcreies above staled, shall be added to the primary Lem of the lease. 12. In the event Lessor considers that Lessee has out complied with all of its obligations hereunder, both express and Implied, lessor shall notify lessee rn wriong setting out specificalty in which respects Lesser has breached dos lease. lessee shag then have sixty (60) days after icceipi of said mike within which to meet or eoimncrce to meet all or any par of the breaches alleged by Lessor. The service of said notice shto be procedem m the bringing of ay action by Lessor on said lease foray cause, and no such action shall be brought mtrl the lapse ofsixty (60) days after service of such notice on Lessee. Neither the service of said retire nor the doing of arty acts by Lessee atced to i cct all or any or the alleged breaths stall be deemed an admission or presumption that Lessee has failed to perform ad of ors obligations hereuruder This tease shall revu be forfeited or canceled for faihue to perform in whole or in pan any of is implied coveams, conditions, or stipulations until a judicial dctemdatan is made that such fahhne exists and Iessee fails within a reasonable time to satisfy any such coveams, conditions or stipulations. 13. 1-essar hereby wamams and agrees to defend title to to lands herein described against claims arising by, lhmugh and miler Lessor only,, and agrees that Lcssm at Lessee's option may pay aid discharge any axes, mars at Hems existing, levied or messed on or against the leased premises. If lessee exercises such option, Lessee shall be submgetod to lhe rights of tee party to whom payruem is made, and, to addhron to is other rights, may reimburse itself cut of any royalties or shm-tn myaltiec olhenwix payable to Lever hereunder. In the cvsm L.cssee is made aware ofam claim in onsislem with Lessm's tile, Lessee may suspend the payment of royalties and slat -in mya0ics hereunder, wti nid hmerest, amid lessce has been fumtshed mntisfapory evident that such claim has been resolved. 14. This lease and all its ono;- cooditiom, and slipulmans shag emend to and be binding on all successors in rmemst, in whole or in pan, of said lessor RW Lessee. 15. With aspect to and for to purpose orers lease• Lessor, and each of them if them be race than tor, hereby release and waive line right of homestead 16. Tie team oil as used in thrs lease shall include any liquid hydrocarbon substances which occur alumlly in the earth rcluding drip gasoline or other natural condensate recovered fmm gas without resent to mar ufacturing process. Tle term gas as used in this lease shall imhhde any subsmrrcc, rather ormabo nhlc or ton combustible, which is pmdtcrd in a antu al state from the eat and which maintains a gaseom or r"fred state at ordinary temperature and pressuue condition, including but tot tiled to helium, nitrogen, carbon dioxide, hydrogen sulphide, gas produced from coal seats or any formations in themwith (hereto called "coal seam gas"), casinglrad its and sulphur. 17. Upon written request, by Lessor, delivered by certified letter to Lessee's mmal place of baimss, Lessec shall famish to Lcssor copies of at production reports filed wrth State or Federal agencies reporting pmduciian loomwells on the leased prertuse; and land pooled or unitized therewith Such copies shall be delivered In lessor within Sixty (60) days after receipt of certified leper. . Said request shall only be grantedonce in a tweve (12) month period. Lessor shall have the right at ay time after myxgy beconcs payment_ upon mnely (90) days' notice, and a L essm's expense, m audit Lessee's production and sales records to determine that royally has been property paid, which such audit shall occur at Lessee's mrml place of busiorss. Said request for audit shag only be granted once in a twelve (12) mmmh period. The delivery of -audit request to lessx by € ussser shall suspend the mining crony Termination of time to seek remedy fro unpaid royalty urm170 days attcr to audit is cvnopletc or Diary {90) days ;[such request, whihever is lesser. 18. Lessee will indemnify and hold Lessor, its offtcem, employees, agents, successors and assrgis (Oe "Indemmffied Panics") hannlees from any and all clamp, demands, suits, losses, damages end costs (including, without lrmoalma, any reasonable attorney foes) incorrect by the Irdehmded Parties which nay be asserted against the lademrufied Partes by reason of or which may arise out of or which my be related to lessee's activities order or pursuant to this (rase lirebding, wilhout i• e fiaetation, any claims by arty ownem or lc s of mimrak that Lessee's operations hemmdcr are either iRegd, uuaudmdwr, m mmowt, an with their rights). W fINFSS ow hauls a, of the day and year first above wrllim TOWN OF FIRESTONE, COLORADO Agcsi: BY. By. Chad Aucr, Mayor Judy Hegwood, Town Cte k +� ACKNOWLEDGMENT STATEOPCOLORADO } i ss COUNTY OF WELD } The foregoing InStru rlont was a bmn ]urged before me this day of 2012, by Chad Auer, as Mayor, and lady Hegaood, ae Town Clerk, on belelf of the Town of Firestone, Colorado. IN WITNESS WHEREOF, I have hcreumo acr my hard and eftixW my notarial sea] the day and year last above wouen. a : My cammiWan expires Addn rm Notary Public , i EXI-IIBIT -NOBLE ENERGY OIL & GAS MINERAL LEASE vez f ' y d � i �* Via . r ,t• 07 4�'.... w "rAl � it . • • t'Y •-' _� P I iW' . - :�•Ae.�! 5 r� � L' - r r i� }14} :,Ei� f _3 '.'. � .x�. _* SETTLERS �. PARK ^.a V • _ a SEC. A REFEREN1M; LETTER DATED 8/ 16/201 1 OIL AND GAS LEASE T2N, R67W, 6TH P.M., SECTION 6: TRACT 0 OF OAK MEADOWS PUD FILING 2 AND A PORTION OF TRACT A OF FIRESTONE MEADOWS PUD TOTAL MINERAL INTEREST AREA = 0.303 ACRES LI.dV END FIRESTONE PROPERTY SURFACE OWNERSHIP FIRESTONE PROPERTY MINERAL OWNERSHIP --- SECTION LINE 4 +#. INFORMATION ONL Y AND IS NOT A SURVEY. FIRESTONE SCALE: 1 "=800' A COMMUNITY IN MOTION NOVEMBER 2011 ORDINANCE NO. 7 177 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR TWELVE LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT WHEREAS, the Board of County Commissioners of Weld County informed the Town it would be upgrading its public safety communications system in 2012; and WHEREAS, the Firestone Police Department's existing Mobile Data Terminals are not compatible with Weld County's new public safety communications system; and WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § .31-15-801 et sec ., -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 Town's inhabitants to acquire certain police equipment; 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 twelve (12) laptop computers for the Police Department to use as Mobile Data Terminals and which are compatible with Weld County's neN�public safety communications system; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves. a Lease Purchase Agreement between the Town and Kansas State Bank of Manhattan, (the "Lease") for the lease and acquisition of twelve (12) Panasonic laptop computers (the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, and a copy of which lease accompanies 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 I F1 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 arehereby repealed to the extent of such inconsistency or conflict. INTRPDUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of February 2012. ATTEST: ud Hegw d, Town Clerk TOWN OF FI STONE, COLORADO Chad Auer, Mayor 2 F\RE S 7'OM r .....0 Sent via Email: ed6E�govleasina.com March .12, 2012 Ed Anderson Leasing Specialists. LLC Re: Financing for Twelve „02)Panasonic LaEto�wn of Firestone, Colorado Dear Mr. Anderson: Thank you for choosing Kansas State Bank of Manhattan as your financing source.. Attached hereto, please find the contract and documentation for your review and completion. Included is a Documentation Instruction sheet to guide you through the process. The interest rate you have been quoted is valid through March 22, 2012. Please note that, depending on circumstances, we reserve the right to charge a reasonable fee to Obligoribroker, if this transaction is not funded. This fee is for expenses incurred and services performed related to the processing of the transaction. This fee will NOT be charged if the transaction is funded by Obligee. If you have any questions regarding he documentation please feel free to contact me at (877) 587-4054. Sincerely, Jaymie Moylan Documentation Associate 1680 Charles Place • P.0, Box 69 • Manhattan, Kansas 66505-0069 877.587.4054 9 fax 785.587.4016 9 wwuv.kansasstatebank.com Documentation Instructions The instructions listed below should be followed when completing the enclosed documentation. Documentation completed improperly will delay funding. If you have any questions regarding the Conditions to Funding, instructions or the documentation, please call us at (877) 587-4054. 1. GOVERNMENT OBLIGATION CONTRACT 1. - The CONTRACT • An authorized individual that is with the Obligor should sign on the first space provided 2. Exhibit A - DESCRIPTION OF EQUIPMENT Review equipment description. Complete serial numberNIN if applicable. • List the location where the equipment will be located after delive rylinstallation. 3. Exhibit B - PAYMENT SCHEDULE • Sign and print name and title 4. Exhibit E- CERTIFICATE OF ACCEPTANCE • Sign and print name and title Please list the Source of Funds for the Contract Payments. S. Exhibit D — OBLIGOR ORDINANCE • Type in the date of the meeting in which the purchase was approved. • Print or type the name and title of the individual(s) who is authorized to execute the Contract • The secretary, chairman or other authorized board member of the Obligor must sign the ordinance where indicated. • A different individual must attest the Ordinance where indicated. 6. Exhibit E — BANK QUALIFIED CERTIFICATE • Sign and print name and title 7. INSURANCE REQUIREMENTS FORM • Complete insurance company contact information where indicated. 8. 8038 - IRS Form • Please read 8038 Review Form In Box 2, type Employer Identification Number Sign and print name and title 11. ADDITIONAL DOCUMENTATION REQUIRED FOR FUNDING: • First payment check as stated on attached invoice • Documentation fee as stated on attached invoice • Vendor invoice for the amount to finance listing applicable SNNIN, down payment, trade, etc. CONDITIONS TO FUNDING If, for any reason: (i) the required documentation is not returned by March 27, 2012, is incomplete, or has unresolved issues relating thereto, or (ii) on, or prior to the return of the documentation, there is a change of circumstance which adversely affects the expectations, rights or security of the Obligee or its assignees; then Obligee or its assignees reserve the right to adjust the quoted interest rate or withdraw/void its offer to fund this transaction in its entirety. All documentation should be returned to: Kansas State Bank of Manhattan, 1680 Charles Place, Manhattan,. Kansas 66502' GOVERNMENT OBLIGATION CONTRACT CO Standard )1$012 Obligor Town of Firestone, Colorado 151 Grant Avenue Firestone, Colorado 80520-0100 Dated as of March 16, 2012 Obligee Kansas State Bank of Manhattan 1010 Westloop, P.O. Box 69 Manhattan, Kansas 66505-0069 This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment described in Exhibit "A" to Obligor and Obligor desires to finance the purchase of the Equipment from Obligee subject to the terms and conditions of this Contract which are set forth below. I. Definitions: Section 1,01. Definitions, The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Additional Schedule" refers to the proper execution of additional Schedules to Exhibit A, Exhibit B, Exhibit C and Exhibit D as well as other exhibits or documents that may be required by the Obligee all of which relate to financing of additional Equipment, "Budget Year" means the Obligor's fiscal year. "Commencement Date' is the date when Obligor's obligation to pay Contract Payments begins. "Contract" means this Government Obligation Contract, all Exhibits, and all documents relied upon by Obligee prior to the execution of this Contract. "Contract Payments" means the payments Obligor is required to make under this Contract as set forth on Exhibit "B". "Contract Term" means the Original Term and all Renewal Terms. "Equipment' means all of the items of Equipment listed cn Exhibit "A" and all replacements, restorations, modifications and improvements. "Government" as used in the title hereof means -a State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended ("Code"), or a constituted authority or district authorized to issue obligations of on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. "Obligee" means the entity originally listed above as Obligee or any of its assignees. "Obligor" means the entity listed above as Obligor and which is financing the Equipment from Obligee under the provisions of this Contract. "Original Term" means the period from the Commencement Date until the end of the Budget Year of Obligor. "Renewal Term" means the annual term which begins at the end of the Original Term and which is simultaneous with Obligor's Budget Year, "State" means the state in which Obligor is located. it: Obligor Warranties Section 2.01. Obligor represents, warrants and covenants as follows for the benefit of Obligee or its assianees: (a) Obligor is an "issuer of tax exempt obligations" because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a) of the Ilternal Revenue Code of 1986, as amended, (the "Code") or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b). (b) Obligor is authorized under the Constitution and laws of the State to enter into this Contract, and has used such authority to properly execute and deliver this Contract. Obligor has followed all proper procedures of its gcveming body in executing this Contract. The Officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal, valid, binding and enforceable obligation of the Obligor in accordance with its terms. (c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract. (d) Obligor shall use the Equipment only for essential, traditional govemment purposes. (e) ShouldtheIRS disallow the tax-exempt status of the Interest Portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental purposes, then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield to the same level as the Obligee or its assignees would attain if the transaction continued to be tax-exempt. (f) Should the Obligor cease to be an issuer of tax exempt obligations or if the obligation of Obligor created under this Contract ceases to be a tax exempt obligation for any reason, then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or its assignees would attain if the transaction continued to be tax-exempt. (g) Obligor has never non -renewed funds under an Contract similar to this Contract. (h) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code. (i) Upon request by Obligee, Obligor will provide Obligee with current financial statements, reports, budgets or other relevant fiscal information. {j} Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.G. 9601 at. seq. as amended and supplemented. (k) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit "B" hereto. The official of Obligor responsible for budget preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year, and will use all reasonatte and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. Section 2.02. Escrow Contract. In the event both Obligee and Obligor mutually agree to utilize an Escrow Account, then immediately following the execution and delivery of this Contract, Obligee and Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Contract. This Contract shall take effe--t only upon execution and delivery of the Escrow Contract by the parties thereto. Obligee shall deposit or cause to be deposited with the Escrow agent for credit to the Equ pment Acquisition Fund the sum of $NIA, which shall be held, invested and disbursed in accordance with the Escrow Contract. III. Acquisition of Equipment, Contract Payments and the Purchase Option Price Section 3.01. Acquisition and Acceptance. Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment. Execution of the Acceptance Certificate by an employee, official or agent of the Obligor having managerial, supervisory or procurement authority with respect to the Equipment shall constitute acceptance of the Equipment on behalf of the Obligor. Section 3.02. Contract Payments. Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful, legally available money of the United States of America. The Contract Payments shall be sent to the location specified by the Obligee or its assignees. The Contract Payments shall constitute a current expense of the Obligor and shall not constitute an indebtedness of the Obligor. The Contract Payments are due as set forth on Exhibit B. Obligee shall have the option to charge interest at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s) were late, plus any additional accrual on the outstanding balance for the number of days that the Contract Payment(s) were late. Obligee shall also have the option, on monthly payments only, to charge a late fee of up to 10% of the monthly Contract Payment that is past due. The Contract Payments will be payable without notice or demand. Furthermore, Obligor agrees to pay any additional fees/costs incurred by Obligee relating to Obligor's requirement that a certain payment mechanism be utilized. Section 3.03. Contract Payments Unconditional. Except as provided under Section 4.01, THE OBLIGATIONS OF OBLIGOR TO MAKE CONTRACT PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS CONTRACT SHALL BE ABSOLUTE AND UNCONDITIONAL IN .ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE. Section 3.04. Purchase Option Price. Upon thirty (30) days written notice, Obligor shall have the option to pay, in addition to the Contract Payment, the corresponding Purchase Option Price which is listed on the same line cn Exhibit B. This option is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights, title and interest in the Equipment to Obligor. Section 3.05. Contract Term. The Contract Term of the Contract shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 4.01 and Section 9.01 below. If, after the end of the budgeting process which occurs at the end of the Original Term ar any Renewal Term, Obligor has not non -renewed as provided for in this Contract then the Contract Term shall be extended into the next Renewal Term and the Obligor shall be obligated to make all the Contract Payments that come due during such Renewal Term. Section 3.06. Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBLIGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR. IV. Non -Renewal Section 4.01. Non -Renewal. If sufficient funds are available in Obligor's budget for the next Budget Year to make the Contract Payments for the next Renewal Term, and such funds are appropriated, this Contract will automatically renew for the next Renewal Term. Lack of a sufficient appropriation shall be evidenced by the passage of an ordinance or resolution by the governing body of Obligor specifically prohibiting Obligor from performing its obligations under this Contract and from using any moneys to pay the Contract Payments due under this Contract for a designated Budget Year and all subsequent Budget Years. If Obligor chooses this option, then all obligations of the Obligor under this Contract regarding Contract Payments for all remaining Renewal Terms shall be terminated at the end of the then current Original Term or Renewal Term without penalty or liability to the Obligor of any kind provided that if Obligor has not delivered possession of the Equipment to Obligee as provided herein and conveyed to Obligee or released its interest in the Equipment by the end of the last Budget Year for which Contract Payments were paid, the termination shall nevertheless be effective but Obligor shall be responsible for the payment of damages in an amount equal to the amount of the Contract Payments thereafter coming due under Exhibit W which are attributable to the number of days after such Budget Year during which Obligor fails to take such actions and for any other loss suffered by Obligee as a result of Obligor's failure to take such actions as required. Obligor shall immediately notify the Obligee as soon as the decision to non -renew is made. If such non -renewal occurs, then Obligor shall deliver the Equipment to obligee as provided below in Section 9.04. Obligor shall be liable for all damage to the Equipment other than normal wear and tear. If Obligor fails to deliver the Equipment to Obligee, then Obligee may enter the premises where the Equipment is located and take possession of the Equipment and charge Obligor for costs incurred. V. Insurance, Damage, Insufficiency of Proceeds Section 5.01. Insurance. Obligor shall maintain both casualty insurance and liability insurance at its own expense with respect to the Equipment. Obligor shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obligor is required to make Contract Payments. Obligor shall provide Obligee with a Certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Obligor shalt insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Obligor may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee. (c) Obligor may self -insure against the casualty risks and liability risks described above. If Obligor chooses this option, Obligor must fumish Obligee with a certificate and/or other documents which evidences such coverage. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that all losses are payable to Obligor and Obligee or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty (30) days advance notice to Obligee or its assignees. obligor shall furnish to Obligee certificates evidencing such coverage throughout the Contract Term. Section 5.02. Damage to or Destruction of Equipment. Obligor assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Obligor will immediately report all such losses to all possible insurers and take the proper procedures to attain all insurance proceeds. At the option of Obliges, Obligor shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all app icable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03. Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then obligor shall, at the option of Obligee, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or (2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Obliges. Section_ 5,04. Obligor Negligence. Obligor assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties, and whether such property damage be to Obligor's property or the property of others (including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by Obligor) which is proximately caused by the negligent conduct of Obligor, its officers, employees and agents. Obligor hereby assumes responsibility far and agrees to reimburse Obligee for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys' fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Obligee that in any way relate to or arise out of a claim, suit or proceeding, based in whole or in part upon the negligent conduct of Obligor, its officers, employees and agents, to the maximum extent permitted by law. VI. Title and Security Interest Section 6,01. Title. Title to the Equipment shall vest in Obligor when Obligor acquires and accepts the Equipment. Title to the Equipment will automatically transfer to the Obligee in the event Obligor non -renews under Section 4.01 or in the event obligor defaults under Section 9.01. In either of such events, Obligor shall execute and deliver to Obligee such documents as Obligee may request to evidence the passage of legal title to the Equipment to Obligee. Section 6.02. Security Interest. To secure the payment of all Obligor's obligations under this Contract, as well as all other obligations, debts and liabilities, whether now existing or subsequently created, Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit "A". Furthermore, Obligor agrees that any and all Equipment listed on any other Exhibit A, whether prior to or subsequent hereto, secures all obligations, debts and liabilities of every kind and character, plus interest thereon, whether now existing or hereafter arising. Obligor agrees that any Equipment listed on Exhibit "A" w 11 remain personal property and will not become a fixture even if attached to real property. The security interest established by this section includes not only additions, attachments, repairs and replacements, to the Equipment but also all proceeds therefrom. obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to perfect the securi-y interest created hereunder. VII. Assignment Section 7,01, Assignment by Obligee. All of Obligee's rights, title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub -assignees (including a Registered Owner for Participation Certificates) by Obligee at any time without the consent of Obligor. No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of assignment identifying the assignee. Obligor shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of obligee or the assignee named in the notice of assignment. Obligor shall keep a complete and accurate record of all such assignments. Section 7.02. Assignment by Obligor. None of Obligor's right, title and interest under this Contract and in the Equipment may be assigned by Obligor unless Obligee approves of such assignment in writing before such assignment occurs and only after Obligor first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax-exempt status of the obligation. yll. Maintenance of Equipment Section 8.01. Obligor shall keep the Equipment in good repair and working order. Obligee shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment, other than normal wear and tear, caused by Obligor, its employees or its agents. Obligor shall pay for and obtain all permits, licenses and taxes necessary for the installation, operation, possession, storage or use of the Equipment. If the Equipment includes any titled vehicle(s), then Obligor is responsible for obtaining such titie(s) from the State and also for ensuring that Obligee is listed as First Lienholder on all of the title(s). obligor shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et, seq. Obligor shall not during the term of this Contract create, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment except those created by this Contract. Obligor agrees that Obliges or its Assignee may execute any additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Obligor which Obligee deems necessary or appropriate to protect Obligee's interest in the Equipment and in this Contract. The Equipment is and shall at all times be and remain personal property. Obligor shall allow Obligee to examine and inspect the Equipment at all reasonable times. Ix. Default Section 9.01. Events of Default defined. The following events shall constitute an "Event of Default" under this Contract: (a) Failure by Obligor to pay any Contract Payment listed on Exhibit "B" for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit „B„ (b) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen (15) days after written notice by Obligee that such payment must be made. If Obligor continues to fail to pay any payment after such period, then Obligee may, but will not be obligated to, make such payments and charge Obligor for all costs incurred plus interest at the highest lawful rate. (c) Failure by Obligor to observe and perform any warranty, covenant, condition, promise or duty under this Contract for a period of thirty (30) days after wrtter. notice specifying such failure is given to Obligor by Obligee, unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Obligor. Subsection (c) does not apply to Contract Payments and other payments discussed above. (d) Any statement, material omission, representation or warranty made by Obligor in or pursuant to this Contract which proves to be false, incorrect or misleading on the date when made regardless of Obligor's intent and which materially adversely affects the rights or security of Obligee under this Contract. (a) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee. (f) Obligor admits in writing its inability to pay its obligations. Obligor defaults on one or more of its other obligations. Obligor applies or consents to the appointment of a receiver or a custodian to manage its affairs, obligor makes a general assignment for the benefit of creditors. Section 9.02. Remedies on Default. Whenever any Event of Default exists, Obligee shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating this Contract, Obligee may declare all Contract Payments and other amounts payable by Obligor hereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating this Contract, Obligee may require Obligor at Obligor's expense to redeliver any or all of the Equipment to Obligee as provided below in Section 9.04. Such delivery shall take place within fifteen (15) days after the event of default occurs. If Obligor faits to deliver the Equipment, Obligee may enter the premises where the Equipment is located and take possession of the Equipment and charge Obligor for cost incurred. Notwithstanding that Obligee has taken possession of the Equipment, Obligor shall still be obligated to pay the remaining Contract Payments due up until the end of the then current Original Term or Renewal Term. Obligor will be liable for any damage to the Equipment caused by Obligor or its employees or agents, (c) obligee may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Obligor shall be responsible to Obligee for all costs incurred by Obligee in the enforcement of its rights under this Contract including, but not limited to, reasonable attorney fees. Section 9,03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. Section 9.04. Return of Equipment and Storage. (a) Surrender: The Obligor shall, at its own expense, surrender the Equipment to the Obligee in the event of a default or a non -renewal by delivering the Equipment to the Obligee to a location accessible by common carrier and designated by Obligee. In the case that any of the Equipment consists of software, Obligor shall destroy all intangible items constituting such software and shall deliver to obligee all tangible items constituting such software. At Obligees request, Obligor shaft also certify in a form acceptable to Obligee that Obligor has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obligor's locations to verify compliance with the terms hereto. (b) Delivery: The Equipment shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a common carrier is not needed. When the Equipment is delivered into the custody of a common carrier, the Obligor shall arrange for the shipping of the item and its insurance in transit in accordance with the Obligee's instructions and at the Obligor's sole expense. Obligor at its expense shall completely sever and disconnect the Equipment or its component parts from the Obligor's property all without liability to the Obligee. Obligor shall pack or crate the Equipment and all of the component parts of the Equipment carefully and in accordance with any recommendations of the manufacturer. The Obligor shall deliver to the Obligee the plans, specifications operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and such other documents in the Obligor's possession relating to the maintenance and methods of operation of such Equipment. (c) Condition: When the Equipment is surrendered to the Obligee it shall be in the condition and repair required to be maintained under this Contract. It will also meet all legal regulatory conditions necessary for the Obligee to sell or lease it to a third party and be free of all liens. If Obligee reasonably determines that the Equipment or an item of the Equipment, once it is returned, is not in the condition required hereby, Obligee may cause the repair, service, upgrade, modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand, Obligor shall promptly reimburse Obligee for all amounts reasonably expended in connection with the foregoing. (d) Storage: Upon written request by the Obligee, the Obligor shall provide free storage for the Equipment or any item of the Equipment for a period not to exceed 60 days after the expiration of its Contract Term before returning it to the Obligee. The obligor shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Obligee shall reimburse the Obligor on demand for the incremental premium cost Of providing such insurance. X. Miscellaneous Section 10.01. Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing. Section 10.02, Binding Effect. Obligor acknowledges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions have been met to Obligee's satisfaction, and Obligee has executed the Contract. Thereafter, this Contract shall inure to the benefit of and shall be binding upon Obligee and Obligor and their respective successors and assigns. Section 10,03. SeverabiliN. In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 10,04. Amendments. Addenda. Changes or Modifications. This Contract may be amended, added to, changed or modified by written Contract duly executed by Obligee and Obligor. Furthermore, Obligee reserves the right to charge obligor a fee, to be determined at that time, as compensation to Obligee for the additional administrative expense resulting from such amendment, addenda, change or modification. Section 10.05. Execution in Counterparts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10.06. Captions. The captions or headings in this Contract do not define, limit or describe the scope or intent of any provisions or sections of this Contract. Section 10.07, Master Contract. This Contract can be utilized as a Master Contract This means that the Obligee and the Obligor may agree to the financing of adcitional Equipment under this Contract at some point in the future by executing one or more Additional Schedules to Exhibit A, Exhibit B, Exhibit C and Exhibit D as well as other exhibits or documents that may be required by Obligee. Additional Schedules will be consecutively numbered on each of the exhibits which make up the Additional Schedule and all the terms and conditions of the Contract shall govern each Additional Schedule. Section 10.08. Entire Writing. This Contract constitutes the entire writing between Obligee and Obligor. No waiver, consent, modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, Contracts, representations, conditions, or warranties, express or implied, which are not specified herein regarding this Contract or the Equipment financed hereunder. Any terms and conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to or inconsistent with the terms and conditions of this Contract will not be binding on Obligee and will not apply to this Contract. Obligee and Obligor have caused this Contractto be executed in their names by their duly authorized representatives listed below. TOWN OF FIRESTONE, COLORADO KANSAS STATE BANK OF MANHATTAN Signature Chad Auer, Ma Typed Name and Title Signature Marsha Jarvis, Vice President Typed Name and Title Schedule (01 ) EXHIBIT A DESCRIPTION OF EQUIPMENT RE: Government Obligation Contract dated as of March 16, 2012, between Kansas State Bank of Manhattan (Obligee) and Town of Firestone, Colorado (Obligor) Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable: Twelve (12) Panasonic laptops Serial #'s 1KTYA30950, 1KTYA30860, 1KTYA 30790, 1KTYA30636, 1KTYA30649, 1KTYA30913 1KTYA30714, 1KTYA30814, 1KTYA30756; 1KTYA30609., 1KTYA30843,.1KTYA30544 Location of Equipment: 151 Grant Avenue► Firestone CO 80520 Schedule (01) EXHIBIT B. PAYMENT SCHEDULE RE: Government Obligation Contract dated as of March 16, 2012, between Kansas State Bank of Manhattan (Obligee) and Town of Firestone, Colorado (Obligor) Date of First Payment: At Closing Original Balance: $71,438.76 Total Number of Payments: Forty -Eight (48) i Number of Payments Per Year: Twelve (12) Pmt Due Contract Applied to Applied to *Purchase No. Date Payment Interest Principal Option Price 1 At Closing $1,654.00 $0.00 $1,654.00 Not Available 2 16-Apr-12 $1,654.00 $320.16 $1,333.84 Not Available 3 16-May-12 $1,654.00 $314.04 $1,339.96 $70,253.63 4 16-Jun-12 $1,654.00 $307.89 $1,346.11 $68,777.90 5 16-Jul-12 $1,654.00 $301.72 $1,352.28 $67,298.42 6 16-Aug-12 $1,654.00 $295.51 $1,358.49 $65,815.19 7 16-Sep-12 $1,654.00 $289.28 $1,364.72 $64,328.20 8 16-Oct-12 $1,654.00 $283.02 $1,370.98 $62,837.43 9 16-Nov-12 $1,654.00 $276.73 $1,377,27 $61,342.88 10 16-Dec-12 $1,654.00 $270.41 $1,383.59 '$59,844.54 11 16-Jan-13 $1,654.00 $264.06 $1,389.94 $58,342.40 12 16-Feb-13 $1,654.00 $257.69 $1,396.31 $56,836.44 13 16-Mar-13 $1,654,00 $251.28 $1,402.72 $55,326.66 14 16-Apr-13 $1,654.00 $244.84 $1,409.16. $53,813.05 15 16-May-13 $1,654.00 $238.38 $1,415.62 $52,295.60 16 16-Jun-13 $1,654.00 $231.88 $1,422,12. $50,774.30 17 16-Jul-13 $1,654.00 $225.36 $1,428.64 $49,249.14 .18 16-Aug-13 $1,654.00 $218.81 $1,435.19 $47,720.11 19 16-Sep-13 $1,654.00 $212.22 $1,441.78 $46,187.20 20 16-Oct-13 $1,654.00 $205.61 $1,448.39 $44,650.40 21 16-Nov-13 $1,654.00 $198.96 $1,455.04, $43,109.70 22 16-Dec-13 $1,654.00 $192.29 $1,461.71 $41,565.09 23 16-Jan-14 $1,654.00 $185.58 $1,468.42 $40,016.56 24 16-Feb-14 $1,654.00 $178.84 $1,475.16 $38,464.10 25 16-Mar-14 $1,654.00 $172.08 $1,481.92 $36,907.70 26 16-Apr-14 $1,654.00 $165,28 $1,488.72 $35,347.35 27 164ay-14 $1,654.00 $158.45 $1,495.55 $33,783.04 28. 16-Jun-14 $1,654.00 $151.59 $1,502.41 $32,214.76 29 16-Jul-14 $1,654.00 $144.69 $1,509.31 $30,642.50 30 16-Aug-14 $1,654.00 $137.77 $1,516.23 $29,066.26 31 16-Sep-14 $1,654.00 $130.81 $1,523.19 $27,486.02 32 16-Oct-14 $1,654.00 $123.82 $1,530.18 $25,901.77 Schedule (01) EXHIBIT B PAYMENT SCHEDULE (Continued) RE: Government Obligation Contract dated as of March 16, 2012, between Kansas State Bank of Manhattan (Obligee) and Town of Firestone, Colorado (Obligor) Pmt Due Contract Applied to Applied to *Purchase No. Date. Payment . Interest. Principal Option Price 33 16-Nov-14 $1,654.00 $116.80 $1,537.20 $24,313.50 34 16-Dec-14 $1,654.00 $109.75 $1,544.25 $22,721.20 35 16-Jan-15 $1,654.00 $102.67 - $1,551.33 $21,124.86 36 16-Feb-15 :$1,654.00 $95.55 $1,558.45 $19,524.46 37 16-Mar-15 $1,654.00 $88.40 $1,565.60 $171920,00 38 16-Apr-15 $1,654.00 $81.22 $1,572.78: $16,311.47 39 16-May-15 $1,654.00 $74.00 $1,580.00 $14,698.86 40 1&Jun-15 $1,654.00 $66.75 $1,587.25 $13,082.16 41 16-Jul-15 $1,654.00 $59.47 $1,594.53 $11,461.36 42 16-Aug-15 $1,654.00. $52.16 $1,601.84 $9,836.44 43 16-Sep-15 $1,654.00 $44.81 ' $1,609.19 $8,207.40 44 16-Oct-15 $1,654.00 $37.42 $1,616.58 $6,574.23 45 16-Nov-15 $1,654.00 $30.01 $1,623.99 $4,936.91 46 .16-Dec-15 $1,654..0.0 $22.56 $1,63 i.44 $3,295.44 47 16-Jan-16 $1,654.00 $15.07 $1,638.93 $1,649.80. 48 16-Feb-16 $1,654.00 $7.55 $1,646.45 $0.00 Town of Firestone, Colorado Signature Chad Auer, Mayor Typed Name and Title *Assumes aA Contract Payments due to date are paid Schedule (01) EXHIBIT C CERTIFICATE OF ACCEPTANCE RE: Government Obligation Contract dated as of March 16, 2012, between Kansas State Bank of Manhattan (Obligee) and Town of Firestone, Colorado (Obligor) I, the .undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the Governing Body of Obligor to sign this Certificate of Acceptance with respect to the above referenced Contract. I hereby certify that: 1. The Equipment described on Exhibit A has been delivered and installed in accordance with Obligor's specifications. 2. Obligor has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor, and such' moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year. 4. Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State. 5. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. 6. The governing body of Obligor has approved the authorization, execution and delivery of this Contract on its behalf by the authorized representative of Obligor who signed the Contract. 7. Please list the Source of Funds (Fund Item in Budget) for the Contract Payments that come due under Exhibit B of this Contract. General Funds If the above Source of Funds is solely a grant type fund, then the Obligor, by signing below, hereby authorizes the General Fund of the Obligor as a backup source of funds from which the Contract Payments can be made. Town of Firestone, Colorado Signature Chad Auer, Mayor Typed Name and Title Schedule (01) EXHIBIT D OBLIGOR ORDINANCE RE: Government Obligation Contract dated as of March 16, 2012, between Kansas State Bank of Manhattan (Obligee) and Town of Firestone, Colorado (Obligor) At a duly called meeting of the Governing Body of the Obligor (as defined in the Contract) held on February 8, 2012.the following ordinance was introduced and adopted: Ordinance #797 BE IT RESOLVED by the Governing Bcdy of Obligor as follows: 1. Determination of Need. The Governing Body of Obligor has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of the Government Obligation Contract dated as of March 16, 2012, between Town of Firestone, Colorado (Obligor) and Kansas State Bank of Manhattan (Obligee). 2. Approval and Authorization. The Governing Body of Obligor has determined that the Contract, substantially in the form presented to this meeting, is in the best interests of the Obligor for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Contract by the Obligor and hereby designates and authorizes the following person(s) to execute and deliver the Contract on Obligor's behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Contract, necessary to the consummation of the transaction contemplated by the Contract. Authorized Individual(s): Ronald W. Lay, CPA — Town Treasurer (Printed or Typed Name and Title of individual(s) authorized to execute the Contract) 3. Adoption of Ordinance. The signatures below from the designated individuals from the Governing Body of the Obligor evidence the adoption by the Governing Body of this Ordinance. Signature: (Signature of Secretary, Board Chairman or other member of the Governing Body) . Typed Name & Title Chad Auer, Mayor (Typed Name and Title of individual who signed directly above) Attested By: (Signature of one additional person who can witness the passage of this Ordinance) Typed Name & Title: Rebecca Toberman, Acting Town Clerk (Typed name of individual who signed directly above) Schedule (01) EXHIBIT E BANK QUALIFIED CERTIFICATE RE: Government Obligation Contract dated as of March 16, 2012, between Kansas State Bank of Manhattan (Obligee) and Town of Firestone, Colorado (Obligor) Whereas, Obligor hereby represents that it is a "Bank Qualified" Issuer for the calendar year in which this .Contract is executed by making the following designations with respect to Section 265 of the Internal Revenue Code. (A "Bank Qualified Issuer" is an issuer that issues less than ten million ($10,000,000) dollars of tax-exempt obligations during the calendar year). Now, therefor, Obligor hereby designates this Contract as follows: I. Designation as Qualified Tax -Exempt Obligation. Pursuant to Section 265(b)(3)(B)(i) of the Internal Revenue Code of 1986 as amended (the "Code"), the Obligor hereby specifically designates the Contract as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code,; the Obligor hereby represents that the Obligor will not designate more than $10,000,000 of obligations issued by the Obligor in the calendar year during which the Contract is executed and delivered as such "qualified tax-exempt obligations". 2. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) 'of the Code, the Obligor hereby represents that the Obligor. (including all subordinate entities of the Obligor within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Contract is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than $10,000,000. Town of Firestone, Colorado Signature Chad Auer, Mayor Typed Name and Title INSURANCE REQUIREMENTS Pursuant to Article V of the Government Obligation Contract, you have agreed to provide us evidence of insurance covering the Equipment. A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is delivered. Insured: Town of Firestone, Colorado 151 Grant Avenue Firestone, Colorado 80520-0100 Certificate Holder: Kansas State Bank of Manhattan 1010 Westloop, P.O. Box 69 Manhattan, Kansas 66505-0069 ✓ LIABILITY. Minimum Combined Single Limit of $1,000,000.00 combined single -limit on bodily injury and property damage. ✓ PHYSICAL DAMAGE: All risk coverage to guarantee proceeds of at least $71,438.76. ✓ Kansas State Bank and/or Its Assigns MUS be listed as additional insured and loss payee. ✓ The deductible amounts on the insurance policy should not exceed $5, 000.00. ✓ Equipment Description: Twelve (12) Panasonic Laptops. Please include all applicable VIN's, serial numbers, etc. PLEASE FAX THE CERTIFICATE TO US AS SOON AS POSSIBLE AT (786) 687-4068, AND MAIL THE ORIGINAL TO THE ADDRESS LISTED ABOVE. PLEASE COMPLETE THE INFORMATION BELOW AND RETURN THIS FORM ALONG WITH THE CONTRACT.. Town of Firestone, Colorado Insurance Company: Colorado Intergovernmental Risk Sharing Association Agent's Name: Jill Padbury - Senior Underwriter Telephone #: 303-757-5475 Fax#: 303-757-8950 Address, City, State & Zip: 3665 Cherry Creek N. Dr. #3, Denver, Co 80209 INVOICE BILL TO: Town of Firestone, Colorado Attn: Accounts Payable 151 Grant Avenue Firestone, Colorado 80520-0100 DESCRIPTION Contract Payment Documentation Fee Government Obligation Contract Dated as of March 16, 2012 for Twelve (12) Panasonic Laptops INVOICE DATE: CONTRACT NUMBER: PAYMENT AMOUNT: PAYMENT DUE DATE: Please remit payment to: KANSAS STATE BANK GOVERNMENT FINANCE DEPT. P.O. Box 69 MANHATTAN, KS 66505-0069 For inquiries (877) 587-4054 March.16, 2012 3343550 $2,004.00 At Closing AMOUNT $1,654.00 $350.00 $2,004.00 INVOICE BILL TO: Town of Firestone, Colorado INVOICE DATE: March 1'6, 2012 Attn: Accounts Payable CONTRACT NUMBER: 3343550 151 Grant Avenue PAYMENT AMOUNT: $1,654,00 Firestone, Colorado 80520-0100 PAYMENT. DUE DATE: April 16, 2012 DESCRIPTION AMOUNT Contract Payment Government Obligation Contract Dated as of March 16, 2012 for Twelve (12) Panasonic Laptops Please remit payment to: KANSAS STATE BANK GOVERNMENT FINANCE DEPT. P.O. Box 69 MANHATTAN, KS 66505-0069. For inquiries (877) 587-4054 $1,654.00 $1,654.00 *OPTIONAL* *As an additional payment option for Obligor, we are now providing the option of'ACH (Automatic Clearing House). By completing this form, Obligor is authorizing Obligee to withdraw said payment amount on said date. Debit Authorization I hereby authorize Kansas State Bank Government. Finance Department to initiate debit entries to the account indicated below at the financial institution named below and to debit the same to such account for: Contract Number Payment Amount Frequency of Payments Annual ❑ Semi -Annual❑ 3343550 $1,654.00 Quarter) ❑ Monthly PD Day of Month (please choose one) Beginning Apr 2012. Month Year 1st ❑ 5th ❑ 15th ® 20th ❑ I acknowledge that the -origination of ACH transactions to this account must comply with the provisions of U.S. law. Financial Institution Name 1st Bank of Longmont Address 6080 Firestone Blvd Routing Number 107005047 Firestone City State Zip Firestone co 1 80504 Account Number 53.72810220 Type of Account ® Checking ❑ Savings This authority is to remain in full force and effect until Kansas State Bank has received written notification from any authorized signer of the account of its termination in such time and manner as to afford Kansas State Bank a- reasonable opportunity to act on it. Obligor Name on. Contract Town of Firestone, Colorado Signature and Title Printed Signature and Title Chad Auer, Mayor Tax ID Number Date 84-0736777 03/16/12 PLEASE ATTACH COPY OF A VOIDED CHECK TO THIS FORM! USA Patriot Act USA Patriot Act requires identity verification for all new accounts. This -means that we may require information from you to allow us to make a proper identification. 8038 Review form The 8038 form attached hereto is an important part of the documentation package and must be properly filled out and submitted to the Department of the Treasury in order for you to receive the lower tax-exempt rate. Unless you instruct us otherwise, we have engaged a Paid Preparer to assist in the filling out of this form. The Paid Preparer has filled out the relevant portions of this form based on the current understanding of what is required by the Department of the Treasury. The responses on this 8038 form are based on the dates and amounts which you have requested (structure of the transaction) and which are on the Payment Schedule. Please review our responses for accuracy. If anything is inaccurate, please contact our office so that we can make proper revisions. If the information provided to you on this form is accurate, please sign where indicated and return with the document package. If there are any changes to the structure of the transaction that occur prior to funding which require a change to the the 8038 form, we will make such changes and provide notification to you. We will return to you a copy of the 8038 form that was'mailed to the Department of the Treasury. For additional guidance on this 8038. form, you can refer to the Documentation Instructions located on the following government website:http:llwww.irs.govlapplpicklist/list/formslnstructions.html. Form 8038-GC Information Return for Small Tax -Exempt (Rev. May 2009) Governmental Bond Issues, Leases, and Installment Sales OMB No. 1545-0720 Department of the Treasury ► Under Internal Revenue Code section 149(e) Intemat Ravenue Service Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G. Re orting Authority. Check box if Amended Return ► 1 Issuer's name 2 Issuer's employer Identification number Town of Firestone, Colorado 1 84 0736777 a Number and street (or P.O. box if mail is not delivered to street address) 151 Grant Avenue Room suite 4 City, town, or post office, state, and ZIP code Firestone, CO 80520-0100 5 Report number fFor IRS Use Only) 5 _ ; 77 6 Name and title of officer or legal representative whom the IRS may call for more information 7 Telephone number of ofi er or Legal representative ( ) LiEW Description of Obligations Check one: a single issue ❑ or a consolidated return ❑ . 8a b 9 a b c d e f 9 h i j k Issue price of obligation(s) (see instructions) . . . . . . . , , , , , Issue date (single issue) or calendar date (consolidated). Enter date in mm/dd/yyyy format (for example, 01/01/2009) (see instructions) ► 03 / 16 2012 Amount of the reported obligation(s) on line 8a that is:�`' For leases for vehicle$ . . . . , , , , , , , , , , , , , , , , , For leases for office equipment . . . . . . . . . . . , , , , , For leases for real property . . . . . . . . . . . . . . . . . . . . . . . For leases for other (see instructions) . . , , , , , , , , , , , , , , For bank loans for vehicles . . . . . . . . . . . . . . . . . . . . . . . For bank loans for office equipment , , , , , , , , , , , , , , , , , , For bank loans for real property . . . . . . . . . . . . ' . . . , For bank loans for other (see instructions) . . . . . . . . . . . . . . . . . . Used to refund prior issue(s) . . . . . . . . Representing a loan from the proceeds of another tax-exempt obligation (for example, bond bank) Other . . . . . . . . . . . . . . . . . . . . . . . . . . 80 74,033 76 9a 9b 74,033 76. 9c 9d 9e 9f g 9h 9i 9 9k 10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(ill) (small issuer exception), check this box . . . ► 0 11 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box (see instructions) . . , , , , ► ❑ 12 Vendor's or bank's name: Kan- -sa-s State Bank of Manhattan -- ------------------------------------------------------- -- -- - -- - ------------------------------- 13 Vendor's or bank's employer identification number: 48 1 0760380 Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Sign and belief, they are true, correct, and complete. Here ' ` Chad Auer, Mayor Issuer's authorized representative Date Type or print name and title Paid Preparer's Date Check if Preparer's SSN or PTIN 1 , signature ' - self-employed -❑ P01438994 Preparer s Firms name (or Ba s Use Only yours if self-employed), y address. and ZIP code 5350 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form Form 8038-GC is used by the issuers of tax-exempt governmental obligations to provide the IRS with the Information required by section 149(e) and to monitor the requirements of sections 141 through 150. Who Must File Issuers of tax-exempt governmental obligations with issue prices of less than $100,000 must file Form 8038-GC. Issuers of a tax-exempt governmental obligation with an issue price of $100,000 or more must file Form 8038-G, Information Return for Tax -Exempt Governmental Obligations. Filing a separate return for a single issue. Issuers have the option to file a separate Form 8038-GC for any tax-exempt governmental obligation with an Issue price of less than $100,000. An issuer of a tax-exempt bond used to finance construction expenditures must file a separate Form 8038-GC for each issue to give notice to the IRS that LLC Overland Park, KS 66211 an election was made to pay a penalty in lieu of arbitrage rebate (see the line 11 instructions). Filing a consolidated return for multiple issues. For all tax-exempt governmental obligations with issue prices of less than $100,000 that are not reported on a separate Form 8038-GC, an Issuer must file a consolidated information return including all such issues issued within the calendar year. Thus, an issuer may file a separate Form 8038-GC for each of a number of small issues and report the remainder of small issues issued during the calendar year on one consolidated Form 8038-GC. however, a separate Form 8038-GC must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate. When To File To file a separate return for a single issue, file Form 8038-GC on or before the 15th day of the second calendar month after the close of the calendar quarter in which the issue is issued. To file a consolidated return for multiple Issues, file Form 6038-GC on or before February 15th of the calendar year following the year in which the issue is issued. Late filing. An issuer may be granted an extension of time to file Form 8038-GC under Section 3 of Rev. EIN 48 i 1223987 Phone no. ( 800 ) 752- Proc. 2002-48, 2002-2 C.B. 531, if R Is determined that the failure to file on time is not due to willful neglect. Type or print at the top of the form,"Request for Relief under Section 3 of Rev. Proc. 2002-48.' Attach to the Form 8038-GC a letter briefly stating why the form was not submitted to the IRS on time. Also indicate whether the obligation in question is under examination by the IRS. Do not submit copies of any bond documents, leases, or installment sale documents. See Where To File below. Where To File File Form 8038-GC, and any attachments, with the Department of the Treasury, Internal Revenue Serrice Center, Ogden, UT 64201. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal Government, use Form 8038-T, Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate. For private activity bonds, use Form 8038, Information Return for Tax -Exempt Private Activity Bond Issues. Form 8038-GC Receipt Acknowledgement If you wish to request an acknowledgement receipt of this return by the IRS you must provide the following: Cat. No. 641088 Form 8038-GC (Rev. 5-2009) a s ORDINANCE NO. i AN ORDINANCE AUTHORIZING THE CONVEYANCE TO THE COLORADO DEPARTMENT OF TRANSPORTATION OF TWO PARCELS OF PROPERTY OWNED BY THE TOWN THAT ARE REQUIRED FOR THE STATE HIGHWAY 66-ST. VRAIN BRIDGE RECONSTRUCTION PROJECT, AND AUTHORIZING A TEMPORARY EASEMENT IN CONNECTION THEREWITH WHEREAS, the Town of Firestone is the owner of two parcels of property referred to as Parcel Number RW-I I (containing 17,261 square feet ±) and Parcel Number RW-1 lA (containing 18,124 square feet ±), which parcels are located at the intersection of the Firestone Trail and State Highway 66 and which parcels are legally described on Exhibit A attached hereto (hereinafter "the Property"); and WHEREAS, the Colorado Department of Transportation (hereinafter "CDOT") has advised the Town that the Property is required for CDOT's completion of the State Highway 66-St. Vrain Bridge Reconstruction Project, CDOT Project No. 066A-002 (hereinafter "the Project"); and WHEREAS, by letter dated February 17, 2012, CDOT has further advised the Town that CDOT would, if necessary, exercise its power of eminent domain for the acquisition of the Property and in lieu of such a proceeding, CDOT has proposed a purchase of the Property upon certain terms and conditions; and WHEREAS, the Board of Trustees is willing to sell and convey the Property to CDOT via quit claim deed for a purchase price of $10,822.00 and upon certain other terms and conditions set forth in a Memorandum of Agreement between CDOT and the Town (hereinafter the "MOA"), a copy of which MOA accompanies this ordinance; and WHEREAS, the Board of Trustees desires to authorize the sale and conveyance of the Property in accordance with the terms and conditions of the MOA; and WHEREAS, the Board of Trustees further finds that sale and conveyance of the Property in accordance with the MOA will avoid the commencement by CDOT of eminent domain proceedings for acquisition of the Property; and WHEREAS, the Board of Trustees further finds the conveyance of the Property will not negatively impact potential future development of an improved Firestone Trail crossing at State Highway 66, and that the Property will not be needed for the development of such a crossing or for any other park or governmental purpose; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its citizens to sell and convey the Property upon the terms and conditions set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE 1 TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing recitals are hereby incorporated in and made a part of this ordinance. Section 2. The Board of Trustees hereby approves the sale and conveyance from the Town to CDOT of the Property legally described on Exhibit A, attached hereto and incorporated herein by reference, such Property to be conveyed for the Project for a purchase price of $10,822.00. Conveyance of the Property shall be by quit claim deed. Section 3. The sale and conveyance of the Property shall be upon the additional terms and conditions set forth in that certain MOA between the Town and CDOT, a copy of which MOA accompanies this ordinance and the terms 'and conditions of which are incorporated herein by reference as though set forth in full. Section 4. The Board of Trustees hereby further approves the leasing to CDOT of a temporary easement for the Project, said easement to be over that certain parcel referred to Temporary Easement TE-11 {containing 2,456 square feet ±} and further described in the MOA, said lease to be for payment of $140.00 and upon the terms and conditions set forth in the MOA. The Town Manager is hereby delegated the authority to approve an adjustment in the area subject to such Temporary Easement if required for the Project, provided no adjustment shall increase the area thereof by more than twenty-five percent. Section 5. The Mayor and Acting Town Clerk are hereby authorized to execute the MOA and quit claim deed for conveyance of the Property. The Mayor, Town- Manager, Town Engineer and Town Staff are hereby further authorized and directed to do all things necessary on behalf of the Town to effect the conveyance of the Property upon the terms and conditions hereof and to perform the obligations of the Town under the MOA, including.without limitation executing the releases of CDOT from appraisal requirements and executing any closing or other documents reasonably required by CDOT or the title company. Section 6. The Board of Trustees hereby further approves of, ratifies and confirms all actions heretofore taken consistent herewith in connection with sale and conveyance of the Property. Section 7. 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, P4SED ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FALL this l y' day of _ _ _ _G ('c �, , 2012. 7 TOWN OF FIRESTONE, COLORADO L_./ Chad Auer Mayor ATTEST: �lRES TO ..% IVQ� 71Ar° rQ WN b Rebecca Toberman m zi Acting Town Clerk ZAL 11 O y Cr��! •Y ..GQ�O EXHIBIT "A" PROJECT CODE:19224 PROJECT NUMBER- FBR 066AW002 PARCEL NUMBER; RW 11 DATE: NOVEMBER 29, 2011 DESCRIPTION A tract or parcel of land No. RW-11 of the Department of Transportation, State. of Colorado, Project. Code 18224, Project -No. FBR 066A-002 containing 17,261 sq. ft. (0.396 acres), more or less, in Section 21, Township 3 North, Range 67 Wes4 of the 6th Principal Meridian, in Weld County, Colorado, being comprised of a portion of a parcel of land recorded at Weld County Clerk and recorders office at Rec. No. 2538622, said tract or parcel being more particularly described as follows: Commencing at a point, from which the southwest comer of said Section 21 bears S. 86006'42" W., a distance of 877.38 feet, said point also being the TRUE POINT OF BEGINNING; I. Thence S. 89°58'02" E., a distance of 287.68 feet; 2. Thence S. 29°41'l9" W., a distance of 69.04 feet to a point on the south line of the southwest quarter of said Section 21; 3. Thence N. 89058'02" W. along the south line of said southwest quarter, a distance of 287.68 feet; 4. Thence N: 29°41' l9" E., a distance of 69.04 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 17,261 sq. ft. (0.396 acres), more or less. Basis of Bearings: All bearings are based on a line between Control Point "CP 4701" (NGS Brass Cap in concrete post stamped "B 330' ; MP 47.01) Section 21, Township 3 North, Range 67 West, of the 0 Principal Meridian & the Control Point "CP 4685" (CDOT Type D Monument, MP 46.85) Section 29, Township 3 North, Range 67 West of the 6" Principal Meridian, as bearing S. 84°09'48" W., a distance of 874.51 feet. Darren P. Shanks, PLS #38193 For and on behalf of the Colorado Department of Transportation Region 4,1420 a Street Greeley, CO 80631 - EXHIBIT "A" PROJECT CODE: 18224 PROJECT NUMBER:1+BR 066A-002 PARCEL NUMBER: RW-11A DATE: NO'VEMBER 29, 2011 DESCRIPTION A tract or parcel of land No. RW-I IA of the Department of Transportation, State of Colorado, Project Code 18224, Project No. FBR 066A-002 containing 18,I24 sq. ft. (0.41.6 acres), more or less, in Section 28, Township 3 North, Range 67 West, of the 6th Principal Meridian, in Weld County, Colorado, being comprised of a portion of a parcel of land recorded at Weld County clerk and recorders office at Rec. No. 2538622, said tract or parcel being more particularly described as follows: Commencing at a point, from which the northwest corner of said Section 28, bears N. 84Q58'29" W., a distance of 804.36 feet, said point also being the TRITE POINT OF BEGINNING; 1. Thence N. 29041'19" E., a distance of 80.55 feet to a point on the north line of the northwest quarter of said Section 28; 2. Thence S. 89058'02" E. along the north line of said northwest quarter, a distanced 258.91 feet; 3. Thence S. 29041' 19" W., a distance of 80.55 feet; 4. Thence N. 8905810211 W., a distance of 258.91 feet, more'or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 18,124 sq. ft. (0.416 acres), more or less. Basis of Bearings: All bearings are based on a line between Control Point "CP 4701" (NGS Brass Cap in concrete post stamped "B 330", MP 47.01) Section 21, Township 3 North, Range 67 West, of the a Principal Meridian & the Control Point "CP 4685" (CDOT Type lI Monument, MP 46.85) Section 29, Township 3 North, Range 67 West of the 6a' Principal Meridian, as bearing S. 84°09'48" W., a distance of $74.51 feet. Darren P. Shanks, PLS #38193 For and on behalf of the Colorado Department of Transportation Region 4,1420 2�d Street Greeley, CO 80631 Caloro0o Department of Transportation Sheet Revisions u Sheet Revisions I+ •1 will 1 Q 1420 2ne Street Greeley, GO 60631 Ph-970-350-2161 FmX 970-35D-2178 Region 4 Right of Way p-I=pi - - a sa =op Toa SeW. 1• - 10a' NOT HE 8 SECCb2N0. E. PC] - POINT OF INTERSECTION OF •� CENTERLINE OF PROJECT ANOIALIOL17T ' LINE. SW '/4 �yf i DISTANCES ARE. ALDNG - I ALIQUOT LINE FROM POI TD ALIOUDT CORNER. SECTION 21 NOW WIDTHS. ARE MEASURED FROM T. 3 N., R. 67 QV. Rw-6 SECTION LANE. 6TH P. 1 1 - ) ELVERNA BURCHFEELD, TRUSTEE OF THE CENTERLINE CURVEi3) AaTA ELVERNA BURCHFIELD LIVING TRUST, DATED NOVEMBER Y ;f 16.1995 Ac-3.29'41" LAS VEGASr NV 89120 T. -393.54' ANO ALSO Lc .788.85' Rw-8 ELVERNA BURCHFIELD LIVING TRUST 3 SHERRY ROSE 1276 PRESERVE CIRCLE • Rc-L2900.00' 3562 EAST RAWHIDE CC ' -78fi.72' LAS VEGAS.Hv 69120 GOLDEN, CO 80401 Cc -S68.04.55,E TE-8 AND ALSO SHERRYritOIE H J � 127$ PRESERVE CIRCLE GOLDEN, CO 80401' 45.05• I k73 ti�p1 / �Tf 174 :sue y. OO,m� w 172 �L0S51e 51,69' ar a`O 171. N89.47'02"W b� •� q RW-10 O z o H * NOTE: POW SECTIONS 2 ACQUIRED PARCEL Rw-10 Dun iV if Nr l'�p' THROUGH SECTIONS 21 & 28 FROM seW. • °a t I54 n i>'. r,,. o- CDOT PROJECT 50054(2) & SA054(3) 159 - a y;, J, v1v - 'Ie„• .y„ $ CENTERLINE CURVE(4) DATA ��P � r, Ac-3.39'S6" left E;'+ _ I. -412.78'In Lc-825.29' 10 Rc-12899.99' '•i�:1�1 PEa _.r M4Z Y .;s' .... C. "SB8•LQ'02"E POINT pF BEGINNING TIE CHART PARCEL L ING $ AL U R, RW-6`& RW-B S00. 50'23"E Ik8.fi7• SE CORNER SEC.?0 RW-SO-& RW-u SB6•p6'42"W 877.38' SW :CORNER SEC. 21 RW ILA NBV 58'29"W 804.36' Nw r CORNER SEC. 28 PE-6 SSB•26'07^E 24585' SE °CQRNFR SEC. 2D A I55 It. 2295.51. [vpa E � o �' _ � -- -�_�� •I 88 _ _Bn.2'' _ 7.14 (19^E L"J ' _ 188 011, BI7.12 - N89°47'OF-2--'��'W-•��—wrCC _ ' RT.LS''=568•.t _ r 4 cDa:'a— 2 EC �— ---e cliR+ 3 S ,66 t H _ c20 :'�� •y' �` EC 20 ! _ _ - - ` _ _ - *.F 573.14'-S89•47.02"E TE-8 ! /�� r If / a �s O4/ p r / W/ C Af -6 A ��yy=M1'r b RM-Il RINIIA TE�11 f �' O PC DF f1REST0NE / PC BOX !DO v r ® FIRESTONE, GO 8052a ` c; If+ , 4^ice r a `TE-u , ILWEL^P'Ir + HOSE 6 ; ALISL4 C:_YOTDN, i'OB P l Ei$i 17B 179 ti8233"e1WY' BF I 4r RW-IO RW�1 PLATTEVILLE. ° SEE L RWa DTAL. THIS SHEET * jar% BO6S1 257.68' - SB9° 58'02"E e j .•:(� L �' 1 � Ind ' SAND LAmDRATI INC.. A COLORAOOCORPORATION t23)3.91• = NE AND SAND LAtmLHATECLEIABIL7Y-�PCaL 8120`CAGE ST FRD�E�RICif. Sn. 80518NW 74 '®SRN-llit-- r-'tv '.: -a. N8B I9I7'W "- ! S [1/C.,1 o �1!rS. ':rsc~ g _ SECTION 28I � �'e ®; TOWMOF F.IRESTE AD Box too ® rZAESTEDIE, GO 80 CORPORATCCURTIWLANO . , LAND PROPERTIES l _ T. 3 N., R 67 W:- -• ''�." 6TH,E. d rSANG % LLC. A CmaRADO-'; LIMITED LIABILITY GmDANY�a „ , eT ,y"�• �' h� /' '�� 812D GAGE ST:'� �� i FROERiCK, CO 8Q511 �� .;. '�rrf� -{= ",�`s • � CENTEF4ENE 25 & "• NOTE: FLOODPLAIN BOLNDARIES BASED ON,FEMA-'" MAP-N0.,08G2fi5 0855 ,C, OATED SEP7EMBER �'- 21 Isb2 'AND ARE APPRQ2IMATE. ZONE "A,, -1 / ,J ® ®®�'� v 4�'� !7 a •� / �_ _gyp, 50 F00T•W[CE EAsEM_NT TO GATNEgINc SYSTEMS tN[. > '•- PER CDOr';RpJECr Hlw6eq 51w a1�pp DESIGNATES,AREAS BEING IN'A IDO YEAR 17,4000. BASE FLOOD ELEVATIONSYi NQ FLOOD HAZARD / _ It A % /-� •9H; REG. NO, FACTORS NCT DETERMINED.[ZONE DESIGNATES S: AREADF MINMA4.FLOOPING, HY ' 9 S '/° CO _ c SEC 21 4 w z k W fl J¢ INC..A COLORADO CORKRATION 1Yl0 PROPERTIES, LLC, A CIILORADD 6BIL1TY COMPANY ST-FItDER[CK, Ca 8pSE6 _ ^ r COLOR DO D.FPARTi11EN'fotE TRANSPORTATION M MORANUUkM OF ACM1 EMENT Project Code: 18224 J Psrcel No: RW.l 1, RW-1 I A, Tr-,-i 1 Projec(Np: FOR.066A-0n Ucation; SH 66 @ St. Vrain 1Jridgc. Reconstruction County: Weld Slate Highway Not 66 1` 4 agrce:mcnt made on (data , 2012 is betw&h the State ofColomdo for the use and benefit of tho Colorado Department of Transportation (GRANTEE) for the purchasc of.the parcel(s) listed above froth the Owner(s) Town of Firestone, a municipal corporation (GRANTOR). Just compcnsalion was determined by an appropriate: valuation pvtgeJ Tc prcparcd in 9ccerdance with Colorado state laws and regulations: Tlie atnrrunt Of money and/Or GO penSation listed below is full consideration {or the following land, easements, imLrove vents; artel dl L"gtis of any kind. Land, (described in attached exhibits) 35,385 Sq.ti®lacresQ StU,822.0 Permanent alttrl5tope Ewjnen,ts (de!�crihcd in attached exhibits) N/A Sq.f Uacr 0 $00 Temporary Easernertts TE-11 (2,456 sQ 2,456 SOINIaeri�$[] $140.00 trrtpmvements: None $Go DamagcsfCost to Cure: Norte Soo Gross Total Less Credit Net Told $10,.962.00 $OD. S10,062.00 Other conditions: The terra of the Temporary Easements shall commcncc no soo'ncr than tcn days after the Grantor receives written notice of CDOTs intention to occupy the Temporary Eascmentc (TE). The TE shall terfmi►7ate at the conclusion of construction, or, one year after commenccownt of use of the TE, whichever is first . This document shall serve as the binding agn emcnt for the purc hasc of the lcmporary.eaasement(s . Na other forams will be EEe art d in this rc Thr GRANTOR: 1) Will, at the closing, pay all taxes (including pretrated taxes for the current year) and special assessments for the current year; 2) Has entered into this agnenkent only btcausc thc. GRANTEE has the power ofetminent domain. and requires the property for public purposes, 3) Be responsible for sectiring releases from all liars, judgments and enewnbrum to deliver Ow, uncrtcurnix rid title, to (RANTER. Any cmcumbranco rcquircd to be paid by GRANTOR shall lit; paid at or before closing from the proceeds of the transaction hereby contcmptatcd or from any other source; 4) Will cxccule and deliver to GRANTEE. those docwrtents indicated below; 5) 8xLccp1s from the subject property dmribe:d hertin in the atttechcd Exhihils, th4 mineral estitc and including all coal; oil, gas and other hydrocarbons, and all clay and other valuable mincrnl in and tinder said subject property, The GRANTOR hereby covenants curd agroes that the GRAN"l U steal) forever have the right to take and use, without payment of ftalhcr compensali-on to the CRANTOR, any and all sand, gravel, earth, rock, and other road building materials found in or upon said subject property and belonging to the ORANTOR; and 6) `Mc GRANTOR further covenants rind agrees that no exploration for, or dcvctopmcnt of any of the products, as described above, and owned by the GRANTOR heretofore or hereafl,e;r the dart : set forth above and hereby excepted wi It ever be conducted on Or frt,.m tftc surface of the premises described in the attached Exhibits, and that in the twcnt :any of such eir�crmions may hcrcailcr be carried on beneath the surface of said prerttiscS, the GRAN t'OR shall perform no act which ratty impair the subsurface or lateral support of said premi es. These covenants and agreements hereunder, shall itlure to and be binding -upon the GRANTOR and its heirs, person.11 and legal representatives,, successors and assigns forever. Page t of 2 C: DOT Form #784 - 2ffi a Mitions prior to 2/01) nre obsoleler Rnd umy not Ire used NOTE: At GRANTOR.'S sole discm1i ij the GRANTOR. atay convey the underlying atiatril estate owned by GRANTOR to Me GRANTEE, GRANTEE.- ruaktj no represcnlations about the ttalttrn ; tine or vatue of [tit; mineral esl Lie. In Iransacticins where GRANTOR. conveys the underlying nt incral cst* Io.GRANT'EE, Paragraohi 5 and t, as Set forth ah ve, will be del'tW frost, this Mernon, ndum of'Agrcem. eni and the conveyance document. [� GRANTOR conveys the underlying miricral cslate to GRANTEE. Parageaphs 5 and 6 arc hcrchy deleted from the Memorandum of Ajyftetnent and the conveysnec 6 curnent. The CRANTl? R- 1) Will be cntiticd to specific performance of !his agreement upon tender of thy: agrocd consideration; 2) Will be held hamilcss from any claims against the p)perty ar 10 any intcrest in the property,. except ror any benefits due under relocation. law; 3) Will make payinent allrrreceiving acceptable conveyance: instruments from: the GRANTOR; 4) Will take ppssetsion and usc; of the pam-cl(5) when ii deposits the consideration, a4 sec forth above , rn, tp un escrow account fb� the; benclit of the GRANTOR, or when GRANTEE disburses fend~« to GRANTOR. Transfer offidc to the parcct(s) shall occur u0n performnance ofaq and all (aims under thN agreemeni, and role c of the paymcnt rroni escrow to the GRANTOR, tiJs..aMLi1adq that follow Title III of the 1.1 ifo l7clncat`n _&&Lg ittv�_ancl l� qi 5) Will prepare the following documents: Quit Claim Q Access Deed Full Relcase(s) Book/Page. Partial Rctcasc(s)_ a Or (specify) Q Title Company to prepare documents except 0 Utility Easement Permanent Ewctwnt Slope F.ascmrnt Temporary basement: See other conditions, OrdrrWarrantS[Q 62,UQ Payableto,ridelity'riticas;scrowagentfortheT©wuofl�iieston+:,a ' municipal co oration Order Warrant S --- payable to: Real FAMe Specialist CR, yTOR signature Attach form W-.9' Town of Firestone, a municipal corporation R. GRANTOR signature C.R.AWfOR (if a0pliep�le) �V .4 D -41on approval (Region ROSY it auager. Supervisor) t: RANTO.R signature ! cc. Par ject Developtnont Branch - ROW Service (original) Property Owncr Region Eight-oGWay Manager Region Progratrt Crigirim/Resident roginucrl'rcject t;nt inecr Page 2 of 2 CDOT Fonn li784 - ZjV)a Editions prior to 2109 are obsolete and may not trc used EXHIB11. "A" 1'1tOJECI' CODE: 18224 PROJECT NUMBER: FHR 066A-002 PARCEL N1_thIBER: RNV•11 DA'M.— NOVEMBER 29, 2011. DESCRIPTION A tract or parcel of land No. R-1 I of the Department cf'l rapOrtntian, State of Ca(fldo, . P 'ect Code 18224, Project No. FBR 066A•002 containing 17,261 sy, ft. (0.396 acres), more or less, in Section 21, llownship 3 North, Range 67 West, of the dth Principal Meridian, in Weld County, Colorado, being comprised ofi portion of a pamet of land recorded at Weld County clerk and recorders office at Rc�. No. 253862:2, said tract or parcel being more particularly described as follows: ommcncing at a paint, Cram which tote s6 thwest comer of said Section 21 gars S. 86006'42" W., a distance of 877.38 fleet, said point also Ding the: tRUV POINT OF BEGIIr[N'010; 1. Thence S. 89158102" E., a distance of 287.68 feet; 2, Thence S. 29°41'19' W., a distance of69.04 feat to a point on the south litre of the southwest quarter of said Section 21; 3. Thence hi. 89°58'02" W. along the south line of said southwest quarter, a distance of 287.68 feet; 4. `l'hence N. 2.91141'19" E., a distance of69.04 feet, more or less, to the TRUE POIN-I' OF BEGINNING, The above described pareel contains 17,261 sq. ft. (0.3% acres), more or less, Basis of Bearings: All bearings am based on a line between Control Point "CP 4701" (NOS Brass Cap in concrete post stamped "B 330". M.P 47.01) Section 21, `["ownship 3 North, Range 67 West, onhc 6,h Principal Meridian & the Control Point 'VP 4685" (CDOT Type 11 Monument, MP 46.85) Section 29, Township 3 North, Range 67 West of the 66 Principal Meridian, as bearing S. 84°09'48" W.. a distance of874,51 feet. Darren P. Shanks, PLS #38193 For and on behalf of the Colorado Depvtrtmcnt of Transportation Region 4, 1420 2"4 Street Greeley, CO 80631 EXHIBIT "A'" PROACT BODE: 18224 1 .l CT NU, M.66: FsR 0" A-002 PARCEL Ni1MARIA.- RW41'A DATE: NOVEMBER 29, 2011 DESCRIPTiO N A tractor parcel of land No, RW-1 lA of the i)epariment afTransporta6on, State ofColorado, Prolecl Code 18224, Project No, VOR 066A.002 containing 1,8,124 sq. ft. (0.416 acres),'mm or Less, in Section 2$, Township 3 North, Range 67 West, of the 66 Principal Meridian, in Weld Countp, Colorado, being comprised of portion of parcel of land rectrc9cd at Weld. Caurity clerkad rt' recorders off ce at 11ec: Flo. 2538622, said tied or parcel being miire patticttlatiy described as Cdllows: Commencing: at a point, from which the northwest corner of said Section 29 burs N. 84°58'29" 'W., a distance of 804.36 feet, said point also tieing the TRUE POINT OF DEGCMN1h10; 1: Thence N. 29114I'19" E., a distance of 80.55 feet to a po4 - on the north line of the northwest quarter of said Section 2$; 2. '[hence S. $9658'02" E. along the north line of said northwest quarter, a.distance of258.9' fact; 3, `[`hence S. 2904I' 19" W., a distance, of 80.55 feet; 4. 'Men= N. 89°58'02" W., a distance of 258.91 feet, more or less, to the TRUE POINT O1: BEGINNING. The above described parcel contains 19,124 sq. f , (0.416 acres), more or less. Basis of Bearings: All bearings are based on a tine between Control Point"CP 4701" (IYCS Brass Cap in concrete post stamped "B 330"* M P 47.01) Section 21, Township 3 North, Range 67 West; ofthe 6" Principal Meridian & the Control Faint "CP 4685" (COOT Type 11 Monument, MP 46.85) Section 29, Township 3 North, Range 67 Vilest of the 6" Prii cipal Meridian, as bearing S. 84009'48" W., a distance of 974.51 feet. Darren P. Shanks, PLS 838193 For and on behalf of the Colorado .Department of"Transportation Region 4, 1420 a Street Orecley, CO 80631 l Colorado Department of Transportation Sheet Revisions 11 Sheet Revisions Q 1420 2nd Street GreUey, CO 80631 Phone: 97a-350-2161 FAx: V70-350-2178 Region 4 Right of Way PTS r sr or •.. �• -for NOTE' NE CDR, 8 SEC 20 POI- POINT OF INTERSECTION OF ' CENTERLINE OF PROJECT AND^A1000T �� LINE. DISTANCES ARE: ALONG - SW 7q r '• ALIQUOT LINE FROM POI TO ALIQUOT .E.f CORNER. SECTION 2I ,I RDW WIDTHS. ARE MEASURED FROM T. 3 N., R. 67'W. ' RW$ SECTION C[NE, 6TH P. M.' JELYERNA BURCFNFI£LD, TRUSTEE OF THE CENTERLINE CURvE(3)DATA <A ELVERNA BURCHFIELD LIVING TRUST, �� DAT£D NOVEMBER 16, IM 6c-3.29-41" 1 LAS VEGAS, NV 82120 T. •393.54' - AND ALSO Le-786.85' ELVERMA BURCHFIELD LIVING TRUST RW'� RC-1y9110.00' 3562 EAST I SHERRY ROSE 12YO PRE`=RVE CIRCLE g m RAWHIDE GOLDS CO BD401 n Cc-786.72' LAS VEGAS, NV 59120 I N' c Cc •S88. 04'55"E TE-B AND ALSO SHERRTfROSE Elm PRESERVE CIRCLE J o g GOLMN, CD a0401' 1 + IF vi �.,.. NOTE: ROW ACQUIRED O THROUGH SECTIONS 21 6 28 F054 PARCEL RW-10 DETAIL 199 -` ♦ a m 8S 0 -- . �� Ln� i Op COOT PROJECT 50034(2) & SOQ54(3) o ARC �yx"' + , a " y` ''-'"`+'� CENTERLINE CURVE(4) DATA O Ac-3.39'56" % j] `•'"' =l `'•. 1. �;j„y' y,r left Tc-4E2.7D' Vl .'•` / Ci�l Le-825.29' R. •12899.99Cc ' Cc-S88°10'02' POINT OF BEGINNING TIE CAMT PARCEL EARINC I WST.AL[0 RW-6`8, RW-8ISO`! RW-10'6 RW-lRW 1IA PE•� •26'07"E 24585' SE.Y CORNER SEC. 20 • - c a ; _ ' 617 2 N89° 47'OZ"W .. -. --..` K, ...93.L5• z fi TE^8 F ay� 1•SBW2"E a 61- l a.4,171i1, 101 �i TOWN OF FIRESTONE ® PO BOX 100 �• i ® FIRESTONE, Go 80,520' •AANp£L P. �: POSER !, , �pp8 P Lfr se S7B 179 BiSl1CINY 4+� , Rw-oo PLATTEVILLE, ` SEE DEL Rw-10 BOBSt - E >' DETNL� TH[5 SHEET 177 - 7 287 68 S99.58'03E = it/.`. `• pp _15409 ._ - . _1 S 1/4-LDR�— ,.w �. �',r.c.a..r 5EC 20 ~� v� �! 3 SEC 20 1 t _ _ .` ._ _ _ _ - _ _ -. _ _ ...... _ _ 164 �g 573.14 - S89.47.02"E -- ;'' 169E 9S•/NB t' Ln Ln i I 5AN0 LAND. HNC„ w COLORA DO CORPORATION AND SAND LAMA PW PARCEL PROP£RTIES. LLC. A COLORA00m:'r RW-UA A _ I I \ LIMITED -LIABILITY 'COMPANY �• ! „ ® n 8120`GAGE ST Ff�IE/R_i_C_K. Comsos18 9 y -..,�i yA'�W Y A ®RW-11 yl T. 'E i11� 1 .,� �etAF V .� 4 ' ® TOWN OF FIRESTp 'LAND. i 1 SECTION 28 ' �r I PO BDx 108 - SAND LAND 1MC.1 1 ;�"'•t„ a ., v {. ._ A COLORA00 ' HJ2MM 1 ' 1 / O ® j F1RE5TLN4E1 Cp 80: a CORPORATION -AND .1 T. 3 N., R. 67 Wr; SAND LAND PROPFR7[ES� - , LLC w COLDRu]D :r l a 6TI3 P„M:. ��,�r`� ram, s LIMITED LIABILITY C[GI�ANY� a y'rc r=yy'�;~,'' _ / g' 8120 CAGE ST,� ., _ .'N _", NOTE: FLOOOPLAIN BOUNOAUt1Es BASED pN�FEMA9''` 4M A _ FROER[CN1 CO 8� l� �. '*� "� WW,NO-OaD266 0855,C, DATEO_SEPTEMBE:R "' ,` I ®®� , -w 2B, 1982 %J10 ARE APPROxIMATE: ZONE •'A" / 4 CENTERLINE 25 L 50 FOOI'MIDE EASEMENT r_ Y �- TO WTLO:RINS SYSTFMS INC. �' DESIGNATES.AREAS' BEING IN A 100 YEAR FLO00. L P[R CDOT'PROJECT 1118EA STA 0661.009 BASE FLOOD ECEVATIONSyAND FL000 HA2AR0 I / REa NO, 1 ' FACTORS NOT OETENN[NEO. ZONE "C'J ' ®. • ,,: '~ DES:GNATES AREAS;pF NININAL.FLOGOING. - raA• .Fp4 m 5 a o o g a + w z m N ' al D. [NC., A COLORADL LAND PROPERTIES .FAMLITY COIAPANY ;•,_ST FROERICN, CO Ca4PORATEON I LLC,A C13LORAM Town of Firestone PROJECT., 1=BR ONA,002 PO Box 100 LOCATION: SH 66 St Vrain bridge eonstruc*n Firostone. CO ' 80520 CODE, 18224 COUNTY; Weld PARCELS; RWA 1. RW-11A, TB-11 Federal regulations allow far a waiter valuation (value findings} if CDDT determines an appraisal Is unnecessary vifien ft valuation problem is Vncomplicated..COOT is approved to use a waiver valuation when the reasonable market value of the acgvisiiian is estimated at $25,000 or less, based on a raviaiv of available data (§ 12-61-702(5) C.KS„ 40 CF'R § 24.142(c)(2) and 40 CFR 24.2(33))• However, in aerxrrdance with §38.1.121 (C.R,S) the agent is recteired to offer the properly owner the op. lion of getting an appraisal paid for by CDOT when the parcel valkie is $5,000 yr morn. Agents, not appMlser$, may perform value ttndings for properties to be eoriuired that era valued at $26,006 or less without an appraisal, when tandownI reiea! eas are secured. PART" 1-- RELEAsrt OF COOT. FOR PAYMENT OF LANDOWNER APPRAISAL. Pursuant to §314-121 C.R.S. the Colorado Department of Transportation, ('CDDT"). roust pay the reasonable cost of the landowners appraisal if the property has an estimated value of $5,000 or more, has beer! determined by CDDT that ft piopeny which is the subject of this agreement, is located' in CDOT's.Region 4in the County of Wald, Stale of Colorado, and designated as CDDT Project No. fM 066Ar-On2 Corte Narnber 19224 Parcel No.(s) RWA1 RW- 1 TE-111, and has a street address of dj�jt has an estimated value of 85,0E00 or morn. The landovmer(s) hereby acknowledges) the sigh! to have CBOT pay the reasonable cost of an appraisal. However, ffte} rjnrler M drrnPss csr i"arul&n 'W Date CDOT Representat3v. A e Date Teoarit Date PART 2 - RELEASE OF CD4T FORAPPH AI IJIIEMENT Pursuant to the Federal Uniform RO=tlon Assistance and Real Property Acquisition for Federal and Federally Assisted Programs Act ("Uniform Act-) 49 C.F.R, § 24.1D2(c)(2#1) the.Ccslarado Department of Transportation (`CDDT"), may perform a value finding in place of an appraisal for properties with an estimated value of $10,000'to $25,000. 11 has been determined by CDDT that the property which is tiro suoject of this agreement, is located in cyors Region A. in the Ccenty of Weld, Stala of Colorado, and is designated as COOT Project No.FMR Q§�g002, Code hiuMber 18224, Parcel No.(s) RW-1.1. RW-11A, ILj 1, has a street address of NIA end has an estimated value botw"n $10,GM ar c! $25,000_ The tandavmer(s) hereby ecknw+vledl a(s) that pursuant to 49 C.F.R. § 24. i02(c)(2)(ii)(C) 0ey are enrttted to have COOT perform an appraisal instead of snaking a value finding and that pursuant to C.R.S. § 24-56- 117(1) CPOT is required to hava the property appraised. However, tfta la r gwner s un o t m cprrmpulsiorr to db so, ctioasbs fa allow COOT to farcma Otis aapraisal and me%ases CDO T of rls abh'rtaAdn to Perform the BgRmilaj. Landowner fate CDDT R.epresemative Date Tenant Date st�s€iut: �.rz REQUEST FOR TAXPAYER 1DV%y'TIF(C XT10N W-9 N1.)MANt (1TN) VF}tWICaiTION PRi' I` f.ltt l YP$ .Ct};t1NiiI3iC€Crqnl71i�r1€e~rf�uu.��x�s!uucr:uvr.�r!sty;nsCQ.��.-r�.�tr�,�rrY,•hv�zyf'I��F�Cas�Et"tt�C�31 t}i}rrI}dL'}tflER"II tIK€tiIMr ;ttAklLrP,SSfILfARCet'tit%#<F+l7t�11Tilts ig!ZF.Suucjt dGrlirgrtanrtdimrL3t® Towo of; F kest'on6, a. muhidipal t xg€�x pion: ,riwe .vrutte •• comVIrte only if ini sg W ittmv as {l� tiil 151 Grant Avenue Fir'estonei Colorado 6-S2Q Purchase. Order Atldrm .. Optimal State Uect4vrdclu Da ix0f Tend I IR'9 PAII'Cli 5-c14.t![tra€vu:+i�us�naYfialF�ata Clicclt lco ealily type anJ inter 9 agit Taxpayer iirirattificatim ti ambcf (-I' , ow, ;�. {SV -Social Ser€uily' lslumtur FlI9 Fm a3' r [tic i[ict+tiita t+tlttxt>cr) ClIndivwtal (ludivrdtlaPs ISM NU1t<: [fro tort# a CvSrl rg a iri r-kxm= lmbus a xj.m AArrc nc•r, tits}RfN rripr viq'r r:fy ll.�lYf li 9f rh! torr Nrl, Sole Proprielm. hip KhvW� &';N or FtOirtzm FIN) 5SV Nt.ft INIV Ixtlh iltc owner's SS.�I acid 0jr. hoe i€3c is EIN (tr)slra tso m?gred m Inve am) UN 0Paitnrrship 13 C1 1c.imired (Pxrrw*i S UN) 0 LsiilteMuit (USA Enrity' EIN) NUIB: Be rrl tlrtlt►da MMAOrs♦,,d)gorge* W4.0 4t vCgmtrt°Itri to t;x} tfL"y a]ttytr.lr Jtlif!424g4: f WJ3 uls Isn trt.t.+. t4 gt'rs ,f ft!, 4 HW,ioo.6+ rat jag rt-ma. .T• �.• •...^ ��f71[rrr Limilyd Liahilu C n , Joitu Verxzt, Ctuh, ede_ DC'orpomtian C)oyxru provid; lcpl or mv&41 srnim? © Yc�,,[jNo {t;r,€ps EIYj rilCrl:tjC7 C1�VI�IIOi1S�IlOYIII�R rnrdiC.gl' %it1iR�liCIS].[S -'� ..•. • '•.• .'"" ",•"• —. "• _,� ."` G(f+L.,n mmt (m bminmum Oprratcd) Fv.lity 1 FitA.i.ws ErN} v I ._m--A�! 4 0 rwgAnirati'-.m E,xr-Av flom uk under Sm. ior} 5R1(a) (0rg'3 FIN) . Yao .lu lRovide medical srMmi? 0 ym © No, Clrt:cl; Elrre. if }brl da I€ctI hl€ere s �rtd nr F11, !T€I! Iute" npplia'� f,�r ctttc. Sec rce�erst tint tafc�tnt�iolr �€i lfaly 1u C�Ffa,'rr :! ?711r Li icd Real Pshoo Wokct? 13 Yem 11 v. I_IrAet lt�wtiies of Pc�ury, I cemiry &I. (l) '!he WUMk€ fi'M t 011€biR Ili M ih M..y ozmyxi Tmpyt:16twifxteim N11=bw (.v l rots »siting tar a aambcr In he 'rcrn,ssl wale) AND (',�,y I �t cart xtArJ,�;r z;y htr�tat++.ir��din& t+c+.�acrx: (al l am ratite fitsta lsrtcL•.�} w7:tr1}aE�fil4�, crib) ! sxlve,Iar bern't r�Ylrir,t by [(ec trtct(t�l Ite+stn.c mar vi�� EIM this I am sulrfm In tuck --up withUdirfg m a I ..Y -b of a intro 0 rellml oil imc,ro U Olvitkc4r t, M (,') tho f rRS his r'.:+iFxd me thm I am grin Ic-nccr subject to h=kup Willttle rdlW (Ant•.; aca Imty wt rchl cw1v Itaa4.;46-mrrs, tum%rm immmit Faid, the a uii6w sr:bintlanmen€ nt'ucurr Prevr€y, t3rARI'rAiuit to un b1divid%ml rrtirem -A mmanrem-nt r1; Ak and p41m"m ct�a th= Mlbfet€ rid,%%-kInUUj. CUT1FICATION IN U TICh\5 .:. You muu c= ow i &m 01 e° At if }=ws:I3avt t%'C* V;ti.0 4 t3y tht IRS tbAll lv14m vmTm(lt mbie t €r} hr,:kup withhtlldiog tuc€m-ofunder-repmingu;r&wsrttirWT01 on Y01r, Ux wzxm, (Sec SiVft. I_rrCtci&-Wa1mthe m-m-d&%form) NAME I'riut cu'I ToWn' . C7 f Firestone �€ �4 `i� +�` L 'ri'k1 _ .....N ... ..r w,._ ..,._. TCCf..I« OWm cr TYPO Ii. - � z. ALITHORVW- SJGNATURL. —., DATP- DQNOT WRITE BELOW THIS LIVE R.ETURXI3WUCONkr-ST(1.ADf111M7:,,%w)VK — AGENCY USE OM, .Y Agency .- Appn€aixthy _ ._ Iare I099.' Ycs . Na Action Comodcd by _ _ �._.. �T. _ ._ ..,. ... 13-ats - VI?NI.1i ' Addilion _ .. 0P1(€tPt--._ 615•82.60-709$ (R 4M) COLORADO DEPARTMENT OFTRANSPORTATION DEMOGRAPHIC INFORMATION I♦ fW�,Tlr• ��nfy � sectivn af,lhts farm`sho`�i1d fie . To be completed by the Rea! Estate Specialist: ls,Rf,the resiideiit,al Carlton appfficabie pl�as� :stnke,t�irough ltle business pa tron, f the tiu_sinas j�arlgr�. 'Es aplfratil pleasefr�`e=tiira$ h:klt [essential ' rlian; Project Cade: 18224 Parcel: Project Number: FBR 066A-002' Location: SH 66 @ St. Wain Bridge Recon. ® Acquisition ❑ Relocation TQ be completed by Property Ownerffenant : NAME: Town of Firestone --J VOLUNTARY INFORMATION The Information is vvluritary. it is requastex;t only for record keeping puWes requ'red by Tit1s VI of RW Civil RiCttts Act of 1964 and other federal laws that prohibit &crirWnation by ra6piont� of Moral funds. "Mis shoot ID oontidentiol ;end Will W kept permanently 8GRIM14d ftom tho ael uiSiliWrolowlion Mg. RESIDENTIAL AIIA ETHNIC ITYIRAC E: Check only one. ❑ t - Black or Affi=l Amarivan, Not Hispanic w Lalin.o ❑ 4 -. Hispanlc or Latlno ❑ 2 -- Ameriman Indian or Alaska; Nativa ® S - Whito, Not Hisonic or Laflno ❑ 3 - Asir ❑ 6 -- dative Haitiasaan or Pacific Istarwer BUSINESS: AIIA ETHNICITYIIiACE: ❑ 1 - Woman -owned ❑ 2 - Wnority- ❑ 3 - Alf other•owned Please return in the atfached ore -paid anvelooe to: Colorado Department of Transportvtfon - ROVY SeMc" Attu; AcquisitionfRelooahod unit 4201 Earl Arkansas Avenua, 4'" Floor benver, Colorado 0222-3400 mac;' f n.lr�t�t nJ � f r r r cnoT �er�� A»a 005 QUIT CLAIM DEED THIS QUIT CLAIM DEED is made this day of , 2012, between the TOWN OF FIRESTONE, a municipal corporation, whose legal address is 151 Grant Avenue, Firestone, Colorado, 80520, Grantor, and the COLORADO DEPARTMENT OF TRANSPORTATION, whose legal address is WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Thousand Eight Hundred and Twenty -Two Dollars ($10,822.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the,Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the.Grantor has in.and to the following property situate, lying, and being in the County of, Weld, State of Colorado, described as follows: SEE EXHIBIT A, ATTACHED HERETO: AND MADE A PART HEREOF. IN WITNESS WHEREOF, the Grantor has exectited this Quit Claim Deed on the date set forth above. GRANTOR: TOWN OF FIRESTONE, a municipal corporation By: Attest: Chad Auer, Mayor By Rebecca Toberman, Acting Town', Clerk ACKNOWLEDGMENT STATE OF COLORADO } } ss COUNTY OF WELD } The foregoing instrument was acknowledged before me this day of , 2012, by Chad Auer, as Mayor, and Rebecca Toberman, as Acting Town Clerk, of the Town of Firestone, a municipal corporation. My commission expires on: Witness my hand and official seal. Notary Public EXHIBIT "Aff PROJECT CODE:18224 PROJECT NUMBER; FBR o66A-002 PARCEL NUMBER: RW-11 DATE: NOVEMBER 299,2011 D TION A tract or parcel of land No. RW-I I of the Department of Transportation, State of Colorado, Project Code 18224, Project No. FBR 066A-002 containing 17,261 sq. & (0.396 acres), more or less, in Section 21, Township 3 North, Range 67 West, of the 6th Principal Meridian, in Weld County, Colorado, being comprised of a portion of a parcel of land recorded at Weld County clerk and recorders office at Rec. No. 253 8622, said tract or parcel being more particularly described as follows: Commencing at a point, from which the southwest comer of said Section 21 bears S. 86106'42" W., a distance of 877.38 feet, said point also being the TRUE POINT OF BEGINNING; 1. Thence S. 89158`021' E... a distance of 287.68 feet, 2. Thence S. 29041119" W., a distance of 69.04 feet to a point on the south line of the southwest quarter of said Section 21; 3. Thence N. 89058'02": . along the south line of said southwest quarter, a distance of 287.68 feet; 4. Thence N. 29*41119" E., a distance of 69.04 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 17,261 sq. ft. (0.396 acres), more or less. Basis of Bearings: All bearings are Based on a line between Control Point "CP 4701" (NGS Brass Cap in concrete post stamped `B 330", MP 47.01) Section 21, Township 3 North, Range 67 West, of the 6" Principal Meridian & the Control Point "CP 4685" (CDOT Type II Monument, MP 46.85) Section 29, Township 3 North, Range 67 West of the 6a' Principal Meridian, as bearing S. 84°09'48" W., a distance of 874.51 feet. Darren P. Shanks, PIS #38193 For and on behalf of the Colorado Department of Transportation Region 4,1420 2 d Street Greeley, CO 80631 EXR BIT d6A" PROJECT CODE:18224 P110JECT NUMBER: F`BR 066A-002 ]PARCEL NUMBER: RW-11A DATE: NOVEMBER 29, 2011 DESCRIPTION A tract or parcel of land No. RW-I IA of the Department of Transportation, State of Colorado, Project Code 19224, Project No. FBR 066A-002 containing 18,124 sq. ft. (0.416 acres), more or less, in Section 29, Township 3 North, Range 67 West, of the 6th Principal Meridian, in Weld County, Colorado, being comprised of a portion of a parcel of land recorded at Weld County clerk and recorders office at Roc. No. 25386221, said tract or parcel being more particularly described as follows: Commencing at a point, from which the northwest corner of said Section 28, bears N. 84058'29" W., a distance of 804.36 feet, said point also being the TRUE POINT OF BEGINNING; 1. Thence N. 29041' 19" E., a distance of 80.55 feet to a point on the north line of the northwest quarter of said Section 28; 2. Thence S. 89"58'02" E. along the north line of said northwest quarter, a distance of 258.91 feet; 3. Thence S. 29°4l' 19" W., a distance of 80.55 feet; 4. Thence N. 89'58'02" W., a distance of258.91 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 18,124 sq. ft. (0.416 acres), more or less. Basis of Bearings: All bearings are based on a line between Control Point "CP 4701" (NGS Brass Cap in concrete post stamped "B 330", MP 47.01) Section 21, Township 3 North, Range 67 West, of the a Principal Meridian & the Control Point "CP 4685" (CDOT Type [I Monument, MP 46.95) Section 29, Township 3 North, Range. 67 West of the a Principal Meridian, as bearing S. 84°09'48" W., a distance of 874.51 feet. Darren P. Shanks, PLS #38193 For and on behalf of the Colorado Department of Transportation Region 4, 1420 Vd Street Greeley, CO 80631 Colorado Department of Transportation Sheet Revisions Sheet Revisions Or 2rsa street Greeley, CO 80631 Phone: 970-350-2I61 FAX! 470-350-217a Region 4 Right of Woy PTS NOTE - `I -! 6 P0I - FONT OF INTERSECT SE 2 ON OF I CENTERLINE OF PROJECT AND-ALIO110T �� " LINE. aISTANCES - SW 7q ARE, ALONG ALIQUOT LINE FROM PO! TO �ALIOVOT CORNER: �SECTION 2i r I ROW WIDTHS. ARE MEASURED FROM T. 3 N., R. 67_,-,W. f RW� SECTION LINE. J ELVER14A B :HELD, TRUSTEE OF THE CENTERLINE CURVE(3) DATA 6TH P. M. ELVERNA BURC/G[EL. L[vlNG TRUST, I DATED NDVEMBER 16, 1995 ec -3. 2W,kV f ANDVECAS, NY 89I20 Tc-393.54' QELVERNA BURCHFIELD LIVING TRUST AND AL50 Lc-786.65' RW�B ' SHEMY ROSE 1276 PRESERVE CIRCLE Rc-12900.00' 356; EAST RAWHIDE GULDEN, Co BD401 r, Cc-766.72' LAS VECAS, NV 09140 7E-B ry i Cc-S68•04'55"E AND ALSO SKERRY/ROSE 1276 PRESERVE CIRCLE o = x GOLDEN, CO SWI, 11 } } 154 y n � - ,i'-�',.-. NOTE: ROW PREv10USLY ACOUIRED THROUGH SECTIONS 2l & 28 FROM CDOT PROJECT PARCEL RW-10 DETAIL �• �^ - •o- 159CENTERLINIE 1154(2) & S0054(3) CURVE(4) DATA `�♦-3.39'S6" IeH5� TC-412:78'Mr hill rt�Lc -825.29' yT \11�I PO$ -f C f_� Rc-125.9.99' .ill �� K i. J.: a" �+. Cc -S88 ]0'02^E - TIE CFIART ' POINT QNE C L NAL QU RW-&^& RW-B 500.50'2SE CDRNER d RW-IO.& Rw-µ S86°08'4SW:CORNER W:'CORNER P -6 558 26 0SE CORNER S _ - S 9 E -- - �.� 617.12 N89!a7.tl2"W,-+' -- .- .-:. s3.L5•.. Lc SEC 20 ..... �I 2/ 3 sE'cUR .t:�.--.lJ�l'l�...-._a...._ 2--� fj' _ .SEC ---__T_-_\I- �S1Y4(i.`R- �573.IF'-589•+T02'E -- -'- 1 � o SAND LAND, INC.. A CDLDRADD CORPORATION AND SAND LAND PROPERTIES, LLC, A C0IDRAO0;--, LIMITED<L'[ABIL'ITT'COMPANY r Rx " 8620`GAGE 5T FROERICK, CO W516 I )YTS.~pA}'ityl i/ h SAND LAND INC., 16Z \ 1 ' ,�.� •` SECTION28 A COLaRADa CORPORATION^AN0 r - ., T. 3 N., R. 67 W� :. SAND LAND PROPERTIES 1 LLC, A COLORADO- : iv" n ,1 ��':._- GTH.P-M. Ll111TED LIABIL17Y COPANY� a 1, ty 0120 GAGE ST.'"��, Z iRDER,WK, CD B�Si6r yS � l -'^NOTE; FLOOOPLAIN BOUNRARIES BASED ONrFEMA •� "� y^'„ i MAP-NO„080266 0855,C DATED SEPTEMBEN -' ~ CENTEIB.INE 25 L 50 F007'wIDE EA,SE,QFIT 26; 1982 'AND ARE APPR[1%IMATEyZONE "A 4' TO DATHERINC $T6TEN5 INC. } PCR CDDT `PR01Lcr NVMDER gTA 0661b{]9 DESIGNATES.AREASBE[NG -INxA IDO YEAR FLOOD. > % BASE FLOOD ELEVATIDNSIAy* FLOOD HAZARD I REC. NO. ys, FACTORS NOT OETERMIN£D. ZONE "C'� DESIGNATES AREAS`CF MINIMAL, FLOODING. Tf-8 n < t p1 Y tli,��l� RIM-1[ Rw-R TEiI: ) ` =h� f TOWN OF FIRESTONE f PO Box too B FIRESTONE co 8a320 / rE-ik �/RANDEL P. FO6 PAELSi 178 179 - `8233 HWY 661 ��7 ATrEVIESEE CEL RW-ID0TAIItTNISS.8 287.68'- 569'S8'02E .r169 25�9f - N84•SBtl2"W +'`� PARCEL 4 it JA 46 Af ' a / � RIM-11 yl TE-11 ,. ®!TOWN OF FIRESTONE 1PC BOX I00 '6# -1 FIRESTONE, C13,60520 l` ! a�40 `W Y 15A 46 AND S ® LIMITE 812D C Z r, 2N5�7 :--SB9 a702E� 19 -.- S V.COR . ' SEC 21 -,A C12LORADO CORPORATION ' PROPERTIES, LLC, A COLORADO 'TY COMPMY FRDERCCK,CD EOSI6 - ORDINANCE NO. —1 � 9 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR TWO POLICE PATROL VEHICLES AND RELATED VEHICLE EQUIPMENT 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 Town's inhabitants to acquire certain police equipment; 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 two 2012 Dodge Chargers for the Police Department and related vehicle equipment; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves a Lease Purchase Agreement between the Town and Kansas State Bank of Manhattan, (the "Lease") for lease and acquisition of two (2) 2012 Dodge Chargers and related vehicle equipment (collectively, the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, and a copy of which lease accompanies 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 1N FULL this 25'h day of April 2012. TOWN OF FIRESTONE,'COLORADO F\REs ro--�- rowN Chad Auer m SEA, 10 Mayor o� ;Q � Q ATTEST: �O�•�•........0� NTY, G Rebecca Toberman Acting Town Clerk E-A te Sent via Email: ed govleasin_. April 20, 2012 Ed Anderson Leasing Specialists, Inc. Re: Financing forTwo (2) 2012 Dodge Chargers with Police Upfitting, Town of Firestone, Colorado Dear Mr. Anderson: Thank you for choosing Kansas State Bank of Manhattan as your financing source. Attached hereto, please find the contract and documentation for your review and completion. Included is a Documentation Instruction sheet to guide you through the process. The interest rate you have been quoted is valid through May 30, 2012. Please note that, depending on circumstances, we reserve the right to charge a reasonable fee to Obligor/broker, if this transaction is not funded. This fee is for expenses incurred and services performed related to the processing of the transaction. This fee will NOT be charged. if the transaction is funded by Obligee. If you have any questions regarding the documentation please feel free to contact me at (877) 587-4054. Sincerely, Kali Kuckelman Documentation Associate 1680 Charles Place • P.O. Box 69 w Manhattan, Kansas 66505-0069 877.587.4054 . fax 785.587.4016 • www.kansasstatebank.com Documentation Instructions The instructions listed below should be followed when completing the enclosed documentation. Documentation completed improperly will delay funding. If you have any questions regarding the Conditions to Funding, instructions or the documentation, please call us at (877) 587-4054. I. GOVERNMENT OBLIGATION CONTRACT 1. The CONTRACT • An authorized individual that is with the Obligor should sign on the first space provided. • Another authorized individual with the Obligor should attest the previous signature. 2. Exhibit A - DESCRIPTION OF EQUIPMENT • .Review equipment description. Completeserial numberNIN if applicable. • List the location where the equipment will be located after delivery/installation, 3. Exhibit B - PAYMENT SCHEDULE • Sign and print name and title • Please list the Source of Funds for the Contract Payments. 4. Exhibit C — SIGNATURE CARD • Sign and print name and title. • An additional individual may sign as an authorized individual, if desired. 5. Exhibit D - PAYMENT REQUEST AND EQUIPMENT ACCEPTANCE FORM • PLEASE KEEP THE PAYMENT REQUEST AND EQUIPMENT ACCEPTANCE FORM UNTIL YOU RECEIVE THE EQUIPMENT ITSELF, WE WILL THEN NEED THE ORIGINAL AT THAT TIME. • Sign and print name and title 6. Exhibit E — OBLIGOR ACKNOWLEDGEMENT • Complete information as indicated. 7. INSURANCE REQUIREMENTS FORM • Complete insurance company contact information where indicated. 8. 8038 - IRS Form • In Box 2, type Employer Identification Number. • If completing 8038-G IRS From, please review section VI. Misc. and complete any applicable blanks • Sign and print name and title II. ADDITIONAL DOCUMENTATION.REQUIRED FOR FUNDING: • First payment check as stated on attached invoice • Copy of Signed Ordinance CONDITIONS TO FUNDING If, for any reason: (i) the required documentation is not returned by June 18, 2012, is incomplete, or has unresolved issues relating thereto, or (ii) on, or prior to the return of the documentation, there is a change of circumstance which adversely affects the expectations, rights or security of the Obligee or its assignees; then Obligee or its assignees reserve the right to adjust the quoted interest rate or withdraw/void its offer to fund this transaction in its entirety. All documentation should be returned to: Kansas State Bank of Manhattan, 1680 Charles Place, Manhattan, Kansas 66502 GOVERNMENT OBLIGATION CONTRACT CO Small Ticket VPA 120111 Obligor: Town of Firestone, Colorado 151 Grant Avenue Firestone, Colorado 80520-0100 Dated as of April 19, 2012 Obligee: Kansas State Bank of Manhattan 1010 Westloop, P.O. Box 69 Manhattan, Kansas 66505-0069 This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment described in Exhibit 'W' to Obligor and Obligor desires to finance the purchase of the Equipment from Obligee subject to the terms and conditions of this Contract which are set forth below. I. Definitions: Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Budget Year" means the Obligor's fiscal year. "Commencement Date' is the date when Obligor's obligation to pay Contract Payments begins. "Contract" means this Government Obligation Contract and all Exhibits attached hereto, all Exhibits, and all documents relied upon by Obligee prior to the execution of this Contract. "Contract Tenn" means the Original Term and all Renewal Terms. "Contract Payments" means the payments Obligor is required to make under this Contract as set forth on Exhibit "B". "Equipment" means all of the items of Equipment listed on Exhibit "A" and all replacements, restorations, modifications and improvements. "Government" as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 103(a) of the Intemal Revenue Code of 1986, as amended ("Code"), or a constituted authority or district authorized to issue obligations of on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. "Legally Available Funds" means funds that the governing body of Obligor duty appropriates or are otherwise legally available for the purpose of making Contract Payments under this Contract, including monies held in the Vendor Payable Account to the extent that such moneys are used to prepay Contract Payments or Purchase Option Price. "Obligee" means the entity originally listed above as Obligee or any of its assignees. "Obligor" means the entity listed above as Obligor and which is financing the Equipment from Obligee under the provisions of this Contract. "Original Term" means the period from the Commencement Date until the end of the Budget Year of Obligor, "Partial Prepayment Date" means the first Contract Payment date that occurs on or after the earlier of (a) the twenty-four month (24) anniversary of the Commencement Date or (b) the date on which Obligor has accepted all the Equipment and all of the equipment has been paid for from the Vendor Payable Account. "Purchase Price" means the total cost of the Equipment, including all delivery charges, installation charges, legal fees, financing costs, recording and filing fees and other costs necessary to vest full, dear legal title to the Equipment in Obligor, subject to the security interest granted to and retained by Obligee as set forth in this Contract, and otherwise incurred in connection with the financing of this Equipment. "Renewal Term" means the annual term which begins at the end of the Original Term and which is simultaneous with Obligor's Budget Year. "State" means the state in which Obligor is located. "Surplus Amount" means any amount on deposit in the Verdor Payable Account on the Partial Prepayment Date. "Vendor Payable Account" means the separate account of that name established pursuant to Section X of this Contract. It. Obligor Warranties (a) Obligor is an "issuer of tax exempt obligations" because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, (the "Code") or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the Stale or political subdivision of the State within the meaning of Treasury Regulation 1.103-1. Obligor is authorized under the Constitution and laws of the State to enter into this Contract, and has used such authority to property execute and deliver this Contract. Obligor has followed all proper procedures of its governing body in executing this Contract. The Officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal, valid, binding and enforceable obligation of the Obligor in accordance with its terms. (b) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract. (c) Obligor shall use the Equipment only for essential, traditional govemment purposes. (d) Obligor has never non -appropriated funds under an Contract similar to this Contract. (e) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code. (f) Upon request by Obligee, Obligor will provide Obligee with current financial statements. (g) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit "B" hereto. The official of Obligor responsible for budget preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient -to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. Ill. Acquisition of Equipment, Contract Payments and the Purchase Option Price Section 3.01. _Acquisition, -Installation and Acceptance. Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment. Obligee shall have no liability for any delay in delivery or failure by the supplier to deliver any Equipment or to fill any purchase order. Obligor will pay or cause the supplier to pay all transportation, packing, taxes, duties, insurance, installation, testing and other charges in connection with the delivery, installation and use of the Ecuipment. As soon as practicable after the receipt of the Equipment. Obligor shall fumish Obligee with an Payment Request and Equipment Acceptance Form. The Payment Rec uest and Equipment Acceptance Form must be signed by the same authorized individual(s) who signed the Signature Card, Exhibit C. By making a Contract Payment after its receipt of the Equipment pursuant to this Contract, Obligor shall be deemed to have accepted the Equipment on the date of such Contract Payment for purposes of this Contract. All Contract Payments paid prior to delivery of the Payment Request and Equipment Acceptance Form shall be credited to Contract Payments as they become due as shown on the Contract Payment Schedule attached as Exhibit B herem. Section 3.02_ Contract Payments. Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful, legally available money of the United States of America. The Contract Payments shall be sent to the location specified by the Oblidee or its assignees. The Contract Payments shall be payable solely from Legally Available Funds, shall constitute a current expense of the Obligor and shall not constitute an indebtedness of the Obligor. The Contract Payments are due as set forth on Exhibit 3. Obligee shall have the option to charge interest at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payments) were late, plus any additional accrual on the outstanding balance for the number of days that the Contract Payments) were late. Obligee shall also have the option, on monthly payments only, to charge a late fee of up to 10% of the monthly Contract Payment that is past due. The Contract Payments will be payable without notice or demand at the time and in the Amounts shown on Exhibit B. Furthermore, Obligor agrees to pay any additional feesloosts incurred by Obligee relating to Obligor's requirement that a certain payment mechanism be utilized. Section 3.03, Contract Payments Unconditional. Except as provided under Section 4.01, THE OBLIGATIONS OF OBLIGOR TO MAKE CONTRACT PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS CONTRACT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE. Obligor understands and agrees that neither the manufacturer, seller or supplier of any Equipment, nor any salesman or other agent of any such manufacturer, seller or supplier, is an agent of Obligee. No salesman or agent of the manufacturer, seller or supplier of any Equipment is authorized to waive or alter any term or condition of this Contract, and no representation as to Equipment or any other matter by the manufacturer, seller or supplier of any Equipment shall in any way affect Obligor's duty to pay the Contract Payments and perform its other obligations as set forth in this Contract. Section 3.04. Purchase Option Price. Upon thirty (30) days written notice, Obligor shall have the option to pay, in addition to the Contract Payment, the corresponding Purchase Option Price which is listed on the same line on Exhibit B. This option is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights, title and interest in the Equipment to Obligor. Section 3.05. Contract Term. The Contract Term of the Contract shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 4.01 and Section 9.01 below. If, after the end of the budgeting process which occurs at the end of the Original Term or any Renewal Term, Obligor has not non -appropriated as provided for in this Contract then the Contract Term shall be extended into the next Renewal Term and the Obligor shall be obligated to make all the Contract Payments that come due during such Renewal Term. Section 3.06. Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT, OBLIGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR. IV. Non -Renewal Section 4.01. Non -renewal. If sufficient funds are available in Obligor's budget for the next Budget Year to make the Contract Payments for the next Renewal Term, and such funds are appropriated, this Contract will automatically renew for the next Renewal Term. If insufficient funds are available in Obligor's budget for the next Budget Year to make the Contract Payments for the next Renewal Term and the funds to make such Contract Payments are otherwise unavailable by any lawful means whatsoever, then Obligor shall have the option to non -renew for the next Renewal Term. Lack of a sufficient appropriation shall be evidenced by the passage of an ordinance or resolution by the governing body of Obligor specifically prohibiting Obligor from performing its obligations under this Contract and from using any moneys to pay the Contract Payments due under this Contract for a designated Budget Year and all subsequent Budget Years. If Obligor chooses this option, then all obligations of the Obligor under this Contract regarding Contract Payments for all remaining Renewal Terms shall be terminated at the end of the then current Original Term or Renewal Term without penalty or liability to the Obligor of any kind provided that if Obligor has not delivered possession of the Equipment to Obligee as provided herein and conveyed to Obligee or released its interest in the Equipment by the end of the last Budget Year for which Contract Payments were paid, the termination shall nevertheless be effective but Obligor shall be responsible for the payment of damages in an amount equal to the amount of the Contract Payments thereafter coming due under Exhibit "B" which are attributable to the number of days after such Budget Year during which Obligor fails to take such actions and for any other loss suffered by Obligee as a result of Obligor's failure to take such actions as required. Obligor shall immediately notify the Obligee as soon as the decision to non -renew is made. If such non -renewal occurs, then Obligor shall deliver the Equipment to Obligee as provided below in Section 9.04. Obligor shall be liable for all damage to the Equipment other than normal wear and tear. If Obligor fails to deliver the Equipment to Obligee, then Obligee may enter the premises where the Equipment is located and take possession of the Equipment and charge Obligor for costs incurred. V. Insurance, Damage, Insufficiency of Proceeds Section 5.01. Insurance. Obligor shall maintain both casualty insurance and liability insurance at its own expense with respect to the Equipment. Obligor shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obligor is required to make Contract Payments. Obligor shall provide Obligee with a Certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Obligor shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Obligor may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee. (c) obligor may self -insure against the casualty risks and liability risks described above. If Obligor chooses this option, Obligor must fumish Obligee with a certificate and/or other documents which evidences such coverage. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that all losses are payable to Obligor and Obligee or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty (30) days advance notice to Obligee or its assignees. Obligor shall furnish to Obligee certificates evidencing such coverage throughout the Contract Term. Section 5.02. Damage to or Destruction of Equipment. Obligor assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Obligor will immediately report all such losses to all possible insurers and take the proper procedures to attain all insurance proceeds. At the option of Obligee, Obligor shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03. Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Obligor shall, at the option of Obligee, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or (2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Obligee. Section 5.04, Obligor Negligence. Obligor assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties, and whether such property damage be to Obligor's property or the property of others (including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any state or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by Obligor) which is proximately caused by the negligent conduct of Obligor, its officers, employees and agents. Obligor hereby assumes responsibility for and agrees to reimburse Obtigee for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys' fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Obligee that in any way relate to or arise out of a claim, suit or proceeding, based in whole or in part upon the negligent conduct of Obligor, its officers, employees and agents, to the maximum extent permitted by law. VI. Title and Security Interest Section 6.01. Title. Title to the Equipment shall vest in Obligor when Obligor acquires and accepts the Equipment. Title to the Equipment will automatically transfer to the Obligee in the event Obligor non -appropriates under Section 4.01 or in the event Obligor defaults under Section 9.01. In either of such events, Obligor shall execute and deliver to Obligee such documents as Obligee may request to evidence the passage of legal title to the Equipment to Obligee. Section 6.02. Security_ Interest. To secure the payment of all Obligor's obligations under this Contract, as well as all other obligations, debts and liabilities, whether now existing or subsequently created, Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit "A". Furthermore, Obligor agrees that any and all Equipment listed on any other Exhibit A, whether prior to or subsequent hereto, secures all obligations, debts and liabilities of every kind and character, plus interest thereon, whether now existing or hereafter arising. Obligor agrees that any Equipment listed on Exhibit "A" will remain personal property and will not become a fixture even if attached to real property. The security interest established by this section includes not only additions, attachments, repairs and replacements, to the Equipment but also all proceeds therefrom. Obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to perfect the security interest created hereunder. VII. Assignment Section 7.01, Assignment by Obligee. All of Obligee's rights, title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub -assignees (including a Registered Owner for Participation Certificates) by Obligee at any time without the consent of Obligor. No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of assignment identifying the assignee. Obligor shall pay all Contract Payments due hereunder relating to such Equipment to oral the direction of Obligee or the assignee named in the notice of assignment. Obligor shall keep a complete and accurate record of all such assignments. Vlll. Maintenance of Equipment Section 8.01. Obligor shall keep the Equipment in good repair and working order. Obligee shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment, other than normal wear and tear, caused by Obligor, its employees or its agents. Obligor shall pay for and obtain all permits, licenses and taxes necessary for the installation, operation, possession, storage or use of the Equipment. If the Equipment includes any titled vehicle(s), then Obligor is responsible for obtaining such title(s) from the State and also for ensuring that Obligee is listed as First Lienholder on all of the title(s). Obligor shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Obligor shall not during the term of this Contract create, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment except those created by this Contract. Obligor agrees that Obligee or its Assignee may execute any additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Obligor which Obligee deems necessary or appropriate to protect Obligee's interest in the Equipment and in this Contract. The Equipment is and shall at all times be and remain personal property. Obligor shall allow Obligee to examine and inspect the Equipment at all reasonable times. IX. Default Section 9.01. Events of Default defined. The following events shall constitute an "Event of Default' under this Contract: (a) Failure by Obligor to pay any Contract Payment listed on Exhibit "B" for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit „B„ (b) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said Failure for a period of fifteen (15) days after written notice by Obligee that such payment must be made. If Obligor continues to fail to pay any payment after such period, then Obligee may, but will not be obligated to, make such payments and charge Obligor for all costs incurred plus interest at the highest lawful rate. (c) Failure by Obligor to observe and perform any warranty, covenant, condition, promise or duty under this Contract for a period of thirty (30) days after written notice specifying such failure is given to Obligor by Obligee, unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Obligor. Subsection (c) does not apply to Contract Payments and other payments discussed above. (d) Any statement, material omission, representation or warranty made by Obligor in.or pursuant to this Contract which proves to be false, incorrect or misleading on the date when made regardless of Obligor's intent and which materially adversely affects the rights or security of Obligee under this Contract. (e) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee. (f) Obligor admits in writing its inability to pay its obligations. Obligor defaults on one or more of its other obligations. Obligor applies or consents to the appointment of a receiver or a custodian to manage its affairs. Obligor makes a general assignment for the benefit of creditors. Section 9.02, Remedies on Default. Whenever any Event of Default exists, Obligee shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating this Contract, Obligee may declare all Contract Payments and other amounts payable by Obligor hereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating this Contract, Obligee may require Obligor at Obligor's expense to redeliver any or all of the Equipment to Obligee as provided below in Section 9.04. Such delivery shall take place within fifteen (15) days after the event of default occurs. If Obligor fails to deliver the Equipment, Obligee may enter the premises where the Equipment is located and take possession of the Equipment and charge Obligor for cost incurred. Notwithstanding that Obligee has taken possession of the Equipment, Obligor shall still be obligated to pay the remaining Contract Payments due up until the end of the then current Original Term or Renewal Term. Obligor will be liable for any damage to the Equipment caused by Obligor or its employees of agents. (C) Obligee may retain all amounts credited to the Vendor Payable Account and Obligor shall have no further interest therein. (d) Obligee may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Obligor shall be responsible to Obligee for all costs incurred by Obligee in the enforcement of its rights under this Contract including, but not limited to, reasonable attorney fees. Section 9.03, No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. Section 9.04 Return of Equipment and Storage. (a) Surrender: The Obligor shall, at its own expense, surrender the Equipment to the Obligee in the event of a default or a non -renewal by delivering the Equipment to the Obligee to a location accessible by common carrier and designated by Obligee. In the case that any of the Equipment consists of software, Obligor shall destroy all intangible items constituting such software and shall deliver to Obligee all tangible items constituting such software. At Obligee's request, Obligor shall a'sc certify in a form acceptable to Obligee that Obligor has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obligor's locations to verify compliance with the terms hereto. (b) Delivery: The Equipment shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a common carrier is not needed. When the Equipment is delivered into the custody of a common carrier, the Obligor shall arrange for the shipping of the item and its insurance in transit in accordance with the Obligee's instructions and at the Obligor's sole expense. Obligor, at its expense, shall completely sever and disconnect the Equipment or its component parts from the Obligor's property all without liability to the Obligee. Obligor shall pack or crate the Equipment and all of the component parts of the Equipment carefully and in accordance with any recommendations of the manufacturer. The Obligor shall deliver to the Obligee the plans, specifications operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and such other documents in the Obligors possession relating to the maintenance and methods of operation of such Equipment. (c) Condition: When the Equipment is surrendered to the Obligee it shall be in the condition and repair required to be maintained under this Contract. It will also meet all legal regulatory conditions necessary for the Obligee to sell or lease it to a third party and be free of all liens. If Obligee reasonably determines that the Equipment or an item of the Equipment, once it is returned, is not in the condition required hereby, Obligee may cause the repair, service, upgrade, modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand, Obligor shall promptly reimburse Obligee for all amounts reasonably expended in connection with the foregoing. (d) Storage: Upon written request by the Obligee, the Obligor shall provide free storage for the Equipment or any item of the Equipment for a period not to exceed 60 days after the expiration of its Contract Term before returning it to the Obligee. The Obligor shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Obligee shall reimburse the Obligor on demand for the incremental premium cost of providing such insurance. X. Vendor Payable Account Section 10.01. Establishment of Vendor Payable Account. On the date that the Obligee executed this Contract, which is on or after the date that the Obligor executes this Contract, Obligee agrees to (i) make available to Obligor an amount sufficient to pay the total Purchase Price for the Equipment by establishing a separate, non -interest bearing account (the "Vendor Payable Account'), as agent for Obligors account, with a financial institution that Obligee selects that is acceptable to Obligor (including Obligee or any of its affiliates) and (ii) to deposit an amount equal to such Purchase Price as reflected on Exhibit B in the Vendor Payable Account. Upon Obligor's delivery to Obligee of a Payment Request and Equipment Acceptance Form in the form set forth in Exhibit D attached hereto, Obligor authorizes Obligee to withdraw funds from the Vendor Payable Account from time to time to pay the Purchase Price, or a portion thereof, for each item of Equipment as it is delivered to Obligor. The Payment Request Farm must be signed by an authorized individual acting on behalf of Obligor. The authorized individual or individuals designated by the Obligor must sign the Payment Request Form Signature Card which will be kept in the possession of the Obligee. Section 10.02. Down Payment. Prior to the disbursement of any funds from the Vendor Payable Account, the Obligor must either (1) deposit all the down payment funds that the Obligor has committed towards the purchase of the Equipment into the Vendor Payable Account or (2) Obligor must provide written verification to the satisfaction of the Obligee that all the down payment funds Obligor has committed towards the purchase of the Equipment have already been spent or are simultaneously being spent with the funds requested from the initial Payment Request Form. For purposes of this Section, the down payment funds committed towards the Equipment from the Obligor are the down payment funds that were represented to the Obligee at the time this transaction was submitted for credit approval by the Obligor to the Obligee. Section 10.03. Disbursement upon Non -Renewal. If an Event of Non -renewal occurs prior to the Partial Prepayment Date, the amount then on deposit in the Vendor Payable Account shall be retained by the Obligee and Obligor will have no interest therein. Section 10.04. Surplus Amount. Any Surplus Amount then on deposit in the Vendor Payable Account on the Partial Prepayment Date shall be applied to pay on such Partial Prepayment Date a portion of the Purchase Option Price then applicable. Section 10.05. Recalculation of Contract Payments. Upon payment of a portion of the Purchase Option Price as provided in Section 10.04 above, each Contract Payment thereafter shall be reduced by an amount calculated by Obligee based upon a fraction the numerator of which is the Surplus Amount and the denominator of which is the Purchase Option Price on such Partial Prepayment Date. Within15 days after such Partial Prepayment Date, Obligee shall provide to Obligor a revised Exhibit B to this Contract, which shall take into account such payment of a portion of the Purchase Option Price thereafter and shall be and become thereafter Exhibit B to this Contract. Notwithstanding any other provision of this Section 10, this Contract shall remain in full force and effect with respect to all or the portion of the Equipment accepted by 0:)Hgor as provided in this Contract, and the portion of the principal component of Contract Payments remaining unpaid after the Partial Prepayment Date plus accrued interest thereon shall remain payable in accordance with the terms of this Contract, including revised Exhibit B hereto which shall be binding and conclusive upon Obligee and Obligor. XI. Miscellaneous Section 11.01. Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing. Section 11.02. Binding Effect. Obligor acknowledges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions have been met to Obligee's satisfaction, and Obligee has executed the Contract. Thereafter, this Contract small inure to the benefit of and shall be binding upon Obligee and Obligor and their respective successors and assigns. Section 11,03. 5everability. In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding sha€I not invalidate or render unenforceable any other provision hereof. Section 11.04. Amendments, Addenda. Changes or Modifications. This Contract may be amended, added to, changed or modified by written Contract duly executed by Obligee and Obligor. Furthermore, Obligee reserves the right to charge Obligor a fee, to be determined at that time, as compensation to Obligee for the additional administrative expense resulting from such amendment, addenda, change or modification. Section 11.05. Execution in Counter arts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 11.06. Captions. The captions of headings in this Contract do not define, limit or describe the scope or intent of any provisions or sections of this Contract. Section 11.07. Entire Writing. This Contract constitutes the entire writing between Obligee and Obligor. No waiver, consent, modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, Contracts, representations, conditions, or warranties, express or implied, which are not specified herein regarding this Contract or the Equipment financed hereunder. Any terms and conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to or inconsistent with the terms and conditions of this Contract will not be binding on Obligee and will not apply to this Contract. Section 11. 08. Designation as Qualified Tax -Exempt Obligation. Pursuant to Section 265(b)(3)(B)(i) of the Internal Revenue Code of 1986 as amended (the "Cote"), the Obligor hereby specifically designates the Contract as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. In oompliance with Section 265(b)(3)(D) of the Code, the Obligor hereby represents that the Obligor will not designate more than $10,000,000 of obligations issued by the Obligor in the calendar year during which the Contract is executed and delivered as such "qualified tax-exempt obligations". In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Obligor hereby represents that the Obligor {including all subordinate entities of the Obligor within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Contract is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than $10,000,000. Acceptance of Obligation to Commence Contract Payments Under Exhibit B. By signing and attesting directly below, Obligor hereby warrants and certifies that: The Equipment described on Exhibit A has not been delivered, installed or available for use as of the Commencement date of this Contract. Obligor acknowledges that Obligee has agreed to deposit into a Vendor Payable Account an amount sufficient to pay the total purchase price (the "Purchase Price") for the Equipment so Identified in such Exhibit A; The principal amount of the Contract Payments in the Exhibit B accurately reflects the Purchase Price; Obligor agrees to execute a Payment Request Form authorizing payment of the Purchase Price, or portion thereof, for each withdrawal of funds from the Vendor Payable Account Obligor further warrants and certifies that: Obligor's obligation to commence Contract Payments as set forth in Exhibit B is absolute and unconditional as of the Commencement Date and on each date set forth in Exhibit B thereafter, subject to the terms and conditions of the Contract; immediately upon delivery and acceptance of all the Equipment, Obligor will notify Obligee of Obligor's final acceptance of the Equipment by delivering to Obligee the "Payment Request and Equipment Acceptance Form" in the form set forth In Exhibit D attached to the Contract; in the event that any Surplus Amount is on deposit in the Vendor Payable Account when an Event of Non -Renewal under the Contract occurs, then those amounts shall be applied as provided in Section 10 of the Contract; regardless of whether Obligor delivers a final Payment Request and Equipment Acceptance Form, all Contract Payments paid prior to delivery of all the Equipment shall be credited to Contract Payments as they become due under the Contract as set forth in Exhibit B. Ordinance and Authorization. By signing and attesting directly below, Obligor hereby warrants and certifies that the Governing Body of the Obligor at either a special or regular meeting or through some other approved method of authorization has determined that this Contract is in the best interests of the Obligor and the Governing Body did at such meeting or through some other approval method approve the entering into of the Contract by the Obligor and specifically designated and authorized the Individual(s) who have signed directly below to execute this Contract on Obligor's behalf along with any related documents (including any escrow Contract) necessary to the consummation of the transaction contemplated by the Contract. TOWN OF FIRESTONE, COLORA©O KANSAS STATE BANK OF MANHATTAN By: Typed Name and Title: Attested By: Typed Name and Title: By: Typed Name and Title: Marsha Jarvis, Vice President EXHIBIT A DESCRIPTION OF EQUIPMENT RE: Government Obligation Contract dated as of April 19, 2012, between Kansas State Bank of Manhattan (Obligee) and Town of Firestone, Colorado (Obligor) Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable: Two (2) 2012 Dodge Chargers with Police Upfitting Physical Address of Equipment after Delivery: EXHIBIT B PAYMENT SCHEDULE Date of First Payment: At Closing Original Balancer $88,990.62 Total Number of Payments: Three (3) Number of Payments Per Year: One (1) Pmt Due Contract Applied to Applied to *Purchase No. Date Payment Interest Principal Option Price 1 At Closing $31,382.50 $0.00 $31,382.50 $60,418.70 2 25-Apr-13 $31,382.50 $3,405.33 3 25-Apr-14 $31,382.50 $1,751.55 TOWN OF FIRESTONE, COLORADO By: Typed Name and Title: *Assumes all Contract Payments due to date are paid $27,977.17 $30,593.79 $29,630.95 $0.00 Please list the Source of Funds (Fund Item in Budget) for the Contract Payments that come due under Exhibit B of this Contract. General. Water and Highway Funds If the above Source of Funds is solely a grant type fund, then the Obligor, by signing above, hereby authorizes the General Fund of the Obligor as a backup source of funds from which the Contract Payments can be made. EXHIBIT C SIGNATURE CARD RE: Government Obligation Contract dated as of April 19, 2012, between Kansas State Bank of Manhattan (Obligee) and Town of Firestone. Colorado (Obligor) The below. signatures will be used for purposes of verifying the signature on a Payment Request and Equipment Acceptance Form prior to making payments from the Equipment Acquisition Fund or Vendor Payable Account. By signing below, the undersigned represents and warrants that s/he has received all appropriate authority from Town of Firestone, Colorado. TOWN OF FIRESTONE, COLORADO BY: Printed Name and Title: Signature of additional authorized individual (optional) of Obligor By: Printed Name and Title: L=K4:I14i i ill PAYMENT REQUEST AND EQUIPMENT ACCEPTANCE FORM RE: Government Obligation Contract dated as of April 19, 2012, between Kansas State Bank of Manhattan (Obligee) and Town of Firestone, Colorado (Obligor) . In accordance with Section 10.01, by executing this Payment Request and Equipment Acceptance Form the Obligor hereby represents that the Payee or Payees listed below who are requesting payment have delivered the Equipment or a portion of the Equipment or performed the services to the satisfaction of the Obligor and that the amounts requested below by the Payee or Payees are proportionate with the value of the Equipment delivered or services rendered by the Payee or Payees. The Obligor hereby represents and warrants for all purposes that: Pursuant to the invoice attached hereto, the amount to be disbursed is $ consistent with the Contract between Obligor and Vendor. Payment is to be made to: Payee: and this amount is 3. The undersigned certifies that the following documents are attached to this Payment Request and Equipment Acceptance Form when there is a request for a release. of funds from the Vendor Payable Account to pay for a portion, or all, of the Equipment: (1) Invoice from the Vendor, (2) copy of the Contract between Obligor and Vendor (if requested by the Obligee), (3) Insurance Certificate (if applicable), (4) front and back copy of the original MSO/Title listing Kansas State Bank and/or its assigns as the first lien holder (if applicable). By executing this Payment Request and Equipment Acceptance Form and attaching the documents as required above, the Obligor shall be deemed to have accepted this portion of the Equipment for all purposes under the Contract, including, without limitation, the obligation of Obligor to make the Contract Payments with respect thereto in a proportionate amount of the total Contract Payment. 4. No amount listed in this exhibit was included in any such exhibit previously submitted. 5. Each disbursement hereby requested has been incurred and is a proper charge against the Vendor Payable Account. No amount hereby requested to be disbursed will be paid to Obligor as reimbursement for any expenditure paid by Obligor more than 60 days prior to the date of execution and delivery of the Contract. 6. The Equipment referenced in the attached has been delivered, installed, inspected and tested as necessary and in accordance with Obligor's specifications and accepted for all purposes. 7. That Obligor is or will be the title owner to the Equipment referenced in the attached, and that in the event that any third party makes a claim to such title that Obligor will take all measures necessary to secure title including, without limitation, the appropriation of additional funds to secure title to such Equipment, or a portion thereof, and keep the Contract in full force and effect. Furthermore, Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State. 8. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year. 9. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing body of Obligor to sign this Payment Request and Equipment Acceptance Form. Please forward this document and any correspondence relating to vendor payment to: Kansas State Bank of Manhattan, Attn: Documentation Dept., P.O. Box 69; Manhattan KS, 66505-0069. Fax: 785-587-4016. Please call 877-587-4054 if you have any questions. TOWN OF FIRESTONE, COLORADO Signature Typed Name and Title EXHIBIT E OBLIGOR ACKNOWLEDGEMENT RE: Government Obligation Contract dated as of April 19, 2012, between Kansas State Bank of Manhattan (Obligee) and Town of Firestone. Colorado (Obligor) Obligor hereby acknowledges that it has ordered or caused to be ordered the equipment that is the subject of the above - mentioned Contract. Please complete the below information, attach another page if necessary... Vendor Name: Phone: Contact Person: Equipment: Amount of Equipme Vendor Name: Phone: Contact Person: Equipment: Amount of Equipment: Vendor Name: Phone: Contact Person: Equipment: Amount of Equipme Obligor will immediately notify Obligee if any of the information listed above is changed. INSURANCE REQUIREMENTS Pursuant to Article V of the Government Obligation Contract, you have agreed to provide us evidence of insurance covering the Equipment. A Certificate of Insurance listing the information stated below should be sent to us no later than the date on which the equipment is delivered. Insured: Town of Firestone, Colorado 151 Grant Avenue Firestone, Colorado 80520-0100 Certificate Holder: Kansas State Bank of Manhattan 1010 Westloop, P.O. Box 69 Manhattan, Kansas 66505-0069 ✓ LIABILITY: Minimum Combined Single Limit of $1,000,000.00 combined single -limit on bodily injury and property damage. ✓ PHYSICAL DAMAGE: All risk coverage to guarantee proceeds of at least $88,990.62. ✓ Kansas State Bank and/or Its Assigns Musr be listed as additional insured and loss payee. ✓ The deductible amounts on the insurance policy should not exceed $10, 000.60. ✓ Equipment Description: Two 2 2012 Dodge Chargers with Police U fittin . Please include all applicable VIN's, serial numbers, etc. PLEASE FAX THE CERTIFICATE TO US AS SOON AS POSSIBLE AT (785) 587-4016, AND MAIL THE ORIGINAL TO THE ADDRESS LISTED ABOVE. PLEASE COMPLETE THE INFORMATION BELOW AND RETURN THIS FORM ALONG WITH THE CONTRACT. Town of Firestone, Colorado Insurance Company: Agent's Name: Telephone #:_ Fax #: Address, City, State & Zip: INVOICE BILL TO: Town of Firestone, Colorado Attn: Accounts Payable 151 Grant Avenue Firestone, Colorado 80520-0100 DESCRIPTION Contract Payment Government Obligation Contract Dated as of April 19, 2012 for Two (2) 2012 Dodge Chargers with Police Upfitting INVOICE DATE: CONTRACT NUMBER: PAYMENT AMOUNT: PAYMENT DUE DATE: Please remit payment to: KANSAS STATE BANK GOVERNMENT FINANCE DEPT. P.O. Box 69 MANHATTAN, KS 66505-0069 For inquiries (877) 587-4054 April 19, 2012 3343764 $31,382.50 At Closing AMOUNT $31,382.50 $31,382.50 *OPTIONAL* *As an additional payment option for Obligor, we are now providing the option of ACH (Automatic Clearing House). By completing this form, Obligor is authorizing Obligee to withdraw said payment amount on said date. Debit Authorization I hereby authorize Kansas State Bank Government Finance Department to initiate debit entries to the account indicated below at the financial institution named below and to debit the same to such account for: . Contract Number Payment Amount Frequency of Payments Annual ❑ Semi -Annual❑ $31,382.50 Quarter) ❑ Month) ❑ Day of Month (please choose one) Beginning Month Year 1st ❑ 5th ❑ 15th 0 201h 1 acknowledge that the origination of ACH transactions to this account must comply with the provisions of U.S. law. Financial Institution Name Branch Address City State Zip Routing Number Account Number Type of Account ❑ Checking ❑ Savings This authority is to remain in full force and effect until Kansas State Bank has received written notification from any authorized signer of the account of its termination in such time and manner as to afford Kansas State Bank a reasonable opportunity to act on it. Obligor Name on Contract Town of Firestone, Colorado Signature and Title Printed Signature and Title Tax ID Number Date PLEASE ATTACH COPY OF A VOIDED CHECK TO THIS FORM! USA Patriot Act USA Patriot Act requires identity verification for all new accounts.. This means that we may require information from you to allow us to make a proper identification. The 8038 form attached hereto is an important part of the documentation package and must be properly filled out and submitted to the Department of the Treasury in order for you to receive the lower tax-exempt rate. Unless you instruct us otherwise, we have engaged a Paid Preparer to assist in the filling out of this form. The Paid Preparer has filled out the relevant portions of this form based on the current understanding of what is required by the Department of the Treasury. The responses on this 8038 form are based on the dates and amounts which you have requested (structure of the transaction) and which are on the Payment Schedule. Please review our responses for accuracy. If anything is inaccurate, please contact our office so that we can make proper revisions. If the information provided to you on this form is accurate, please sign where indicated and return with the document package. If there are any changes to the structure of the transaction that occur prior to funding which require a change to the the 8038 form, we will make such changes and provide notification to you. We will return to you a copy of the 8038 form that was mailed to the Department of the Treasury. For additional guidance on this 8038 form, you can refer to the Documentation Instructions located on the following government website:http://www.irs.govlapplpicklist/list/formsinstructions.html. Form 8038-GC Information Return for Small Tax -Exempt (Rev. January 2012) Governmental Bond Issues, Leases, and Installment Sales Department of the Treasury ► Under Internal Revenue Code section 149(e) Internal Revenue Service Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G. 1 Issuer's name Town of Firestone Colorado 3 Number and street (or P.O. box if mail is not delivered to street 151 Grant Avenue 4 City, town, or post office, state, and ZIP code OMB No. 1545-0720 2 Issuer's I employer identification number (EIN) 8 410 0 7 '3 6 7 7 7 5 Report number (For IPS Use Only) 6 Name and title of officer or other employee of issuer or designated contact person whom the IRS may call for more information 17 or legal representative I;EM Description of Obligations Check one: a single issue ❑ or a consolidated return ❑ . 8a Issue price of obligation(s) (see instructions) . . . . . . . . . . . . . . . . . . 8a 91,320 76 b Issue date (single issue) or calendar date (consolidated). Enter date in mm/dd/yyyy format (for example, 01/01/2009) (see instructions) ► 04/2512012 9 Amount of the reported obligation(s) on line 8a that is: a b c d e f 9 h i k 10 11 12 13 For leases for vehicles . . . . . . . . . . . . . . . . . . . . . . . 9a For leases for office equipment . . . . . . . . . . . . . . . . . . . . . . 9b For leases for real property . . . . . . . . . . . . . . . . . . . . . . . . . 9c For leases for other (see instructions) . . . . . . . . . . . ... . . . . . . . . 9d . For bank loans for vehicles . . . . . . . . . . . . . . . . . . . . . . . . 9e For bank loans for office equipment . . . . . . . . . . . . . . . . . . . . 9f For bank loans for real property . . . . . . . . . . . . . . . . . . . . . . . 9g For bank loans for other (see instructions) . . . . . . . . . . . . . . . . . . . 9h Used to refund prior issue(s) . . . . . . . . . . . . . . . . . . . . . . . 9i Representing a loan from the proceeds of another tax-exempt obligation (for example, bond bank) . . 9' Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9k If the issuer has designated any issue under section 265(b)(3)(13)(i)(111) (small issuer exception), check this box If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box (see instructions) . . . Vendor's or bank's name: Kansas State Bank of Manhattan Under penalties of perjury, I declare that I have examined this return and accompanyii Sinature true, correct, and complete. I further declare that I consent to the IRS's disclosure of g that I have authorized above. and 'Consent Signature of issuer's authorized representative Date Paid Print/Type preparer's name Preparer's signature Preparer Evan Howe Use Only Firm'sname ► Ba stone Financial LLC Firm'saddress ► 5350 College Blvd„ Overland Park, KS 66211 General Instructions Who Must File Section references are to the Internal Revenue Code unless otherwise noted. What's New The IRS has created a page on IRS.gov for information about the Form 8038 series and its instructions, at www.irs.gov/formBO38. Information about any future developments affecting the Form 8038 series (such as legislation enacted after we release it) will be posted on that page. Purpose of Form Form 8038-GC is used by the issuers of tax- exempt governmental obligations to provide the IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150. 91.3 ► ❑ 0 7 6 0 3 8 0 schedules and statements, and to the best of my knowledge and belief, they are issuer's return information, as necessary to process this return, to the persons) Issuers of tax-exempt governmental obligations with issue prices of less than $100,000 must file Form 8038-GC. Issuers of a tax-exempt governmental obligation with an issue price of $100,000 or more must file Form 8038-G, Information Return for Tax -Exempt Governmental Obligations. Filing a separate return for a single issue. Issuers have the option to file a separate Form 8038-GC for any tax-exempt governmental obligation with an issue price of less than $100,000. An issuer of a tax-exempt bond used to finance construction expenditures must file a separate Form 8038-GC for each issue to give notice to the IRS that an election was made to ' Type or print name and title Date CheckEl if PTIN self-employed Firm's EIN ► no. 800-752-3562 pay a penalty in lieu of arbitrage rebate (see the line 11 instructions). Filing a consolidated return for multiple issues. For all tax-exempt governmental obligations with issue prices of less than $100,000 that are not reported on a separate Form 8038-GC, an issuer must file a consolidated information return including all such issues issued within the calendar year. Thus, an issuer may file a separate Farm 8038-GC for each of a number of small issues and report the remainder of small issues issued during the calendar year on one consolidated Form 8038-GC. However, if the issue is a construction issue, a separate Form 8038-GC must be filed to give the IRS notice of the election to pay a penalty in lieu of arbitrage rebate. Cat. No. 64108E Form 8038-GC (Rev. zot2) ORDINANCE NO. L(50 AN ORDINANCE AMENDING SECTION 12.32.060 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE PLACEMENT OF MEMORIALS OR MONUMENTS IN PARKS AND RECREATION FACILITIES WHEREAS, the Board of Trustees previously adopted Chapter 12.32 of the Firestone Municipal Code establishing rules and regulations for Town parks and recreation facilities; and WHEREAS, requests for memorials or monuments to be placed in parks or recreation facilities are received on a regular basis, and the Board of Trustees finds it is necessary and appropriate to amend Chapter 12.32 to set forth the Town's policy prohibiting the placement of same, excepting only those owned, placed and maintained by the Town; and WHEREAS, the Board of Trustees finds that such a prohibition is appropriate given the Town's interest in avoiding overcrowding, clutter, or saturation of parks and recreation facilities with memorials or monuments; that such non-public memorials or 'monuments are generally of significance only to those most closely tied to a specific person or event; that the placement of such items may be inconsistent with the uses or purposes of the park or recreation facilities in which they are placed; and that the placement thereof may increase operational costs and create risks to user; 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 the amendments to Chapter 12.32 of the Firestone Municipal Code set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section .12.32.060 of the Firestone Municipal Code is hereby. amended to add a new subsection 12.32.060.GG, to read as follows {words to be added are underlined Vl 12.32.060 Regulations; Prohibited Acts. In the use of any parks or recreation facilities, all persons shall comply with all the regulations of this Chapter and it shall. be unlawful for any person to: GG. Place, erect or maintain any memorial or monument within any park or recreation facility; however, the foregoing shall not prohibit the Board of Trustees_ from approving the placement by the Town of a public memorial or monument that is owned and maintained by the Town and that is appropriate to mark an event of national, state or local significance or to provide the general public with local history. All unauthorized memorials or monuments will be removed and discarded. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ,��day of �.� , 2012. TOWN OF FIRESTONE, COLORADO E roN � raw 10 � c j r S�� / a Chad Auer, Mayor O lQ ATTEST ��UN7Y Rebecca Toberman Acting Town Clerk 2' ORDINANCE NO.801 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A BACKHOE AND A CRACK FILL MACHINE 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 Town's inhabitants to acquire certain public works equipment; 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 a backhoe and a crack fill machine for the Public Works Department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves a Lease Purchase Agreement between the Town and Kansas State Bank of Manhattan, (the "Lease") for lease and acquisition of a 2011 John Deere 41OG backhoe and a 2012 Cimline Magma 230DHR crack fill machine (the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, and a copy of which lease accompanies 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 23rd day of May 2012. (0;7,el �RSTO WN fI STONE, COLORADO roWN �F ,10 Paul Sorensen, Mayor Pro-tem ATTEST:••C0�, T Rebecca Toberman, Acting Town Clerk 3873385 — Pages: 1 of 2 09/14/2012 08:22 AM R Fee:$16.00 Steve Moreno, Clerk and Recorder, Weld County, CO ti'6LN�T�144,��I�"��iII1 ORDINANCE NO. AN ORDINANCE APPROVING A REZONING FROM R-1 RESIDENTIAL TO PUD-NC AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR 150 BUCHANAN AVENUE IN THE TOWN OF FIRESTONE WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a rezoning from R-1 Residential zone district to PUD zone district with Neighborhood Center land uses (PUD-NC) for the property located at 150 Buchanan Avenue, the legal description of which property is Lots 7 and 8, Block 15, Town of Firestone, Weld County, State of Colorado; and WHEREAS, there has also been submitted to the Board of Trustees in connection with such rezoning a request for approval of an outline development plan (ODP) for the property; and WHEREAS, all materials related to the proposed rezoning and ODP have been reviewed by Town Staff and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Planning and Zoning Commission recommended denial of the proposed rezoning and ODP and the Board of Trustees has duly considered the Commission's recommendation; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds that the proposed rezoning and ODP should be approved;and WHEREAS, no protests were received pursuant to C.R.S. § 31-23-305; NOW, THEREFORE, BE IT ORDAINCED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Based upon the evidence and testimony entered into the record at the public hearing, the Board of Trustees finds the following criteria have been met: A. Granting the rezoning request is in the public interest; B. The public interest is best served by granting the application for rezoning, and further that such public interest is best served by granting the application at the time of the hearing; C. The proposed rezoning fully accords with the applicable goals and policies of the master plan or other applicable goals of the Board of Trustees; and 3873385 Pages: 2 of 2 09/14/2012 08:22 AM R Fee:$16.00 Steve Moreno, Clerk and Recorder: Weld County, CO mill h'i% FRIV14NA11AA111 MI,WN't IfiiM"11l 111 D. The factors listed in C.R.S. § 31-23-303 were consciously considered. These factors include: to lessen congestion in the streets; to secure safety from fire, panic, floodwaters and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, .parks and other public requirements. Other factors include reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town. Section 2. In accordance with the foregoing findings, the Board of Trustees hereby approves the rezoning from R-1 Residential zone district to PUD zone district with Neighborhood Center land uses (PUD-NC) of the property located at 150 Buchanan Avenue, the legal description of which property is Lot 7, Block 15, Town of Firestone, Weld County, State of Colorado, subject to and in accordance with Outline Development Plan approved by the Board of Trustees, as noted below. The Town zoning map shall be amended accordingly. Section 3. The Board of Trustees hereby approves the Outline Development Plan (ODP) for the property. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this '_ day of J cA �e , 2012. ST 10 Chad Auer siiAL !¢ Mayor % O •ti, O ATTEST: COUNTY G� � 1 Rebecca Toberman Acting Town Clerk 2 ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN PENALTIES AS SET IN THE FIRESTONE MUNICIPAL CODE AND ESTABLISHING COURT COSTS WHEREAS, the Board of Trustees finds that it is necessary to amend Subsection 10.04.200.0 of the Firestone Municipal Code to decrease the penalties therein for failure to appear in the Firestone Municipal Court and failure to pay an assessment of the Firestone Municipal Court; and WHEREAS, the Board of Trustees also finds it necessary to establish by ordinance court costs to be assessed by the Firestone Municipal Court; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsections B and C of Section 2.44.060 of the Firestone Municipal Code are hereby amended to read as follows (words to be deleted shown in stfikeou ; words to be added underlined): 2.44.060. Fines and penalties and court costs. B. The. Municipal Judge in his or her discretion may assess costs against any defendant who pleads guilty or nolo contendere or who enters. into a lea agreement or who after trial is foun&guilty of an ordinance violation. Such costs shall not exceed $50.00, except that in the case of a trial by jury such costs shall not exceed $75.00. C. All fines and costs collected or received by the Municipal Court shall be reported and paid monthly to the Town Treasurer and deposited in the general fund. Section 2. Subsection C of Section 10.04.200 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in st-rikeou words to be added underlined): 10.04.206 Violations —penalties. C. For any, violation of any provision of this Chapter or the Model Traffic Code adopted herein which is a traffic infraction, the court may enter a judgment of liability by default against the defendant for failure. to appear or to pay, and may assess such penalties, together with such court costs and surcharges, as are established by law; provided, however, that court costs shall be fifty dollars, the penalty for failure to pay an assessment of the court shall be one fi dollars and the penalty for failure to appear shall be two �,,..,df6 fib dollars. The court may establish, by written order, rules and regulations consistent with this Chapter for the administration of any violation of this Chapter or the Model Traffic Code adopted herein which is a traffic infraction, including but not limited to schedules establishing the amount of penalties payable without a court appearance, and schedules establishing discounts from those amounts for early payment of penalties. Such early payment discounts shall apply only to penalties paid within twenty days of issuance of the penalty assessment notice for the infraction. 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. 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 ''day of j,,e , 2012. STOlypC 1J. F fr�pWN., 1. o Chad Auer, Mayor y r! O ATTEST: ocOUNTY Gw f Rebecca Toberrnan, Acting Town Clerk ORDINANCE NO. y AN ORDINANCE AMENDING SECTION 2.14.010 OF THE FIRESTONE MUNICIPAL CODE REGARDING DUTIES AND RESPONSIBILITIES OF THE OFFICE OF TOWN CLERK WHEREAS, the Board of Trustees desires to amend Section 2.14.010 of the Firestone Municipal Code regarding duties and responsibilities of the office of Town Clerk; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.14.010 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are stfieke dff o): 2.14.010 Duties and responsibilities. The town clerk of the town shall: A. Cause the ordinances of the town to be published as required by law, superintend their publication, recording and placement in the permanent records of the town, along with resolutions, and examine the publication proof sheets and compare them with the original rolls; B. Receive and file papers to be filed among the town records; C. Handle local elections and exercise the powers vested in the clerk by state law respecting the conduct of elections; Keep e t and detailed .,,..,otti t � 11 funds r-@Iatiag to, bon& issued and p - given by the Town, speeifying tmdef what efdef or- efdinanee they wefe issued or given, when they wefe issued- -A.f given, the outstanding pa ameupA to whom they weFe issued a given, f what pur-posethe or ,�yL 7 given, wYnn-_they afe v.ayabiCIIIL, w-befe they afe aid, and notes;perreepAage of interest paid upon sueh bonds a -Rd pr-ofmssary - D. Administer oaths of office and Mmake out and deliver to each person elected or appointed to any office in the town a certificate of such election or appointment; E. Furnish to the town attorney any record .of documents in the clerk's office that the attorney may request to be used in any court and take receipts therefor. The clerk shall also furnish any necessary, duly certified.transcripts of the town;' F. Serve as custodian of public records and perform the functions thereof as provided by state law and town laws andpolicies; G. Attend all meetings of the board of trustees, and make a fair and accurate record of all the proceedings, rules, and ordinances, made and passed by the board of trustees; 1 H. As soon as possible after their passage, record all ordinances in a book to be kept for that purpose and denominated the "ordinance book," in which the ordinances upon being so recorded shall be authenticated by the signature of the mayor and clerk under the seal of the town; I. Keep the town seal and affix it to all instruments an papers which, by ordinance or other applicable law, are required to be attested to by the town seal; J. Have the custody of and safely keep per applicable retention schedules all the records, documents, ordinances, resolutions, and orders of the board of trustees; and such other papers, documents, books and other property as may be delivered into the clerk's custody; K. Sign those a14 permits and licenses that are required to be issued or attested by the clerk, ism in accordance with the provisions of the ordinances concerning the same; L. Serve as and exercise the powers of secretary to the local licensing authority, in accordance with the provisions of the ordinances and laws concerning the same; ML. Report at the regular meeting of the board of trustees the transactions of this office; and NM. Perform such other duties as may be required of the clerk_ by state or federal laweT--,by town ordinances, resolutions or policies, of the job description applicable to this office. 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 that it 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 12012. .f rowry m SEAL Attest: 4 `• �Q Rebecca Toberman, Acting Town Clerk 2 TOWN OF FIRESTONE, COLORADO Chad Auer, Maya ORDINANCE NO. 805 AN EMERGENCY ORDINANCE ADOPTED PURSUANT TO SECTION 9.16.070.G OF THE FIRESTONE TOWN CODE PROHIBITING THE SALE, USE, DISCHARGE OR EXPLOSION OF "PERMISSIBLE FIREWORKS" WITHIN THE TOWN OF FIRESTONE ON DATES SURROUNDING THE FOURTH OF JULY WHEN SUCH ACTIVITIES WOULD OTHERWISE BE PERMITTED; AND PROVIDING A PENALTY FOR THE VIOLATION OF SUCH PROHIBITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AS FOLLOWS: Section 1. Findings. A. Section 31-15-601(1)0), C.R.S., authorizes municipalities to regulate and restrain the use of fireworks, firecrackers, torpedoes, roman candles, skyrockets, and other pyrotechnic displays. B. Section 12-28-107, C.R.S., authorizes municipalities to establish local regulations and prohibitions concerning the sale, use, and possession of fireworks within their jurisdiction, including permissible fireworks as defined by applicable law, but such section provides that no city or town "shall permit or authorize the sale, use, and possession of any fireworks in violation of this article." C. Pursuant to the express statutory authority described in Findings A and B, above, the Board of Trustees previously adopted Section 9.16.070 of the Firestone Municipal Code, entitled "Regulation of Fireworks" ("Firestone Fireworks Ordinance"). D. The Firestone Fireworks Ordinance defines the terms "fireworks" and "permissible fireworks." E. The Firestone Fireworks Ordinance makes it unlawful and a misdemeanor offense 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, including "permissible fireworks," within the Town, but allows (1) the possession, use, discharge and explosion of "permissible fireworks" between the hours of 10:00 a.m.. and 11:00 p.m. on the Fourth of July; and (2) with a proper permit, the possession for sale or sale of permissible fireworks, from June 19 at 8:00 a.m. through July 4. F. However; the Firestone Fireworks Ordinance authorizes the Board of Trustees, by emergency ordinance duly adopted, to prohibit the use, sale and possession of "permissible fireworks" when otherwise permitted as described in Finding E, above, in the event that the Governor of the State of Colorado, State Legislature or other local, state or federal entity endowed with decision -making 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 1 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. G. On June 14, 2012 John W. Hickenlooper, the Governor of the State of Colorado, issued Executive Order D2012-015 imposing a statewide ban on open burning (including most fireworks) ("Executive Order"), with certain exceptions described in the Executive Order. H. In. the section of the Executive Order entitled `Background and Need" the Governor describes the extremely dangerous weather conditions that currently exist throughout the State of Colorado, specifically including high temperatures and dry conditions, and concludes that "(t)hese weather conditions and circumstances attest to the continuing threat to life, health and property posed by wildfires on Colorado's public and private lands." Such extreme and dangerous weather conditions currently exist in Weld County, Colorado, including within the Town of Firestone, and the threat of wildfires within the Town is real. I. The statutory authorization for local fireworks regulations in Section 12-28-107, C.R.S., requires that such local regulations "do not permit or authorize the sale, use or possession of fireworks in violation of (Article 28 of Title 12, C.R.S.)." J. Section 12-28-102(6), C.R.S., allows the possession and discharge of "permissible fireworks" throughout the State only at such "times that it is lawful" for such conduct to occur. K. Because the Executive Order generally bans private fireworks throughout the State of Colorado, including permissible fireworks, it is necessary and appropriate for the Town to temporarily remove the authorization in the Firestone Fireworks Ordinance for the use and sale by permit of permissible fireworks within the Town. L. The elimination of the right to use, discharge and explode "permissible fireworks" within the Town of Firestone on July 4 of this year (2012) is necessary in the considered judgment of the Board of Trustees, not only to comply with the Executive Order, but to avert the start of or lessen the likelihood of fire within the Town. Further, the suspension of the process for permitting of the sale of "permissible fireworks" within the Town of Firestone between June 19 and July 4 of this year (2012) is necessary in the considered judgment of the Board of Trustees, not only to further the purpose of the Executive Order, but to avert the start of or lessen the likelihood of fire within the Town. Section 2. Definitions. As used in this ordinance, the terms "fireworks" and "permissible fireworks" has the meanings provided in Section 9.16.070.A of the Firestone Town Code, which definitions are incorporated herein by reference as if set forth in full. Section 3. Unlawful To Use, Discharge or Explode Permissible Fireworks. Pursuant to the authority granted to the Board of Trustees by Section 9.16.070.G of the Firestone Municipal Code, and in accordance with Executive Order D2012-015 issued by the Governor of the State of Colorado on June 14, 2012, beginning at 12:01 A.M. on July 4, 2012 and ending at 11:59 P.M. on July 4, 2012 it is unlawful and a misdemeanor offense for any person to use, discharge or explode permissible fireworks anywhere within the Town. In the event of such a 2 violation, law enforcement shall be empowered to confiscate for destruction fireworks in the possession of the violator. This prohibition shall take precedence and control notwithstanding the provisions of Section 9.16.070.0 of the Firestone Municipal Code. As a result of this ordinance and the existing provisions of Section 9.16.070 of the Firestone Municipal Code, for 2012, the use, discharge and explosion of all fireworks, including permissible fireworks, is prohibited. Section 4. Permitting for Sale Suspended. Pursuant to the authority granted to the Board of Trustees by Section 9.16.070.G of the Firestone Town Code, and in furtherance of the purpose of Executive Order D2012-015 issued by the Governor of the State of Colorado on June 14, 2012, the Board of Trustees hereby temporarily suspends for 2012 the permitting of the sale of permissible fireworks within the Town, and hereby ratifies and confirms the revocation of any permits issued prior to the effective date of this Ordinance. Section 5. Penalty. Any person who violates Section 3 of this Ordinance is guilty of having violated Section 9.16.070.13 of the Firestone Town Code and, upon conviction, shall be punished as set forth in Section 9.04.040 of the Firestone Municipal Code. Section 6. Emergency Clause. The Board of Trustees herewith finds, determines and declares that this ordinance is genuinely and urgently necessary for the immediate preservation of the public health, safety and welfare in order to best further the purpose of the Executive Order and avert the start of or lessen the likelihood of fire. Therefore, the Board of Trustees herewith 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 7. Provisions Severable. 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. INTRODUCED, READ, PASSED AND ADOPTED AS AN EMERGENCY ORDINANCE AND ORDERED PUBLISHED this 27th day of June 2012. ATTEST: r�7ESaH TOW SEAL 10 �- ..co Rebecca Toberman Acting Town Clerk 3 Chad Auer, Mayor ORDINANCE NO. 806 AN ORDINANCE IMPOSING FOR A FIFTEEN YEAR PERIOD A TEMPORARY SALES TAX OF ONE PERCENT (1.0%) AND PROVIDING FOR THE SUBMISSION OF THE ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS AT A SPECIAL ELECTION TO BE HELD NOVEMBER 6, 2012 Section 1. The following ordinance of the Town of Firestone, Colorado, is hereby adopted to read: WHEREAS, the Town of Firestone (the "Town"), is a Colorado statutory town duly organized and existing under laws of the State of Colorado; and WHEREAS, the members of the Board of Trustees of the Town (the "Board of Trustees") have beer► duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights ("TABOR") requires voter approval for any new tax, any increase in any tax rate, the creation of any debt, extension of an expiring tax, and the spending of certain funds above limits established by TABOR; and WHEREAS, pursuant to applicable law, including but not limited to Article 2 of Title 29, Colorado Revised Statutes, the Town is authorized to adopt a municipal sales tax and has previously adopted upon voter approval a permanent municipal sales tax of two percent (2.0%); and WHEREAS, pursuant to resolution adopted by the Board of Trustees, the Town will hold a special election on November 6, 2012, as a coordinated election pursuant to the Uniform Election Code of 1992, as amended; and WHEREAS, TABOR requires that the Town submit ballot issues, as defined in TABOR, to the Town's registered electors on specified election days before action. can be taken on such ballot issues; and WHEREAS, November 6, 2012, is one of the election dates at which TABOR ballot issues may be submitted to the registered electors of the Town pursuant to TABOR; and WHEREAS, the Town Board of Trustees is of the opinion that it should refer to the voters at the November 6, 2012 election a TABOR ballot issue concerning the imposition of a temporary sales tax of one percent (1 A%) for the fifteen year period commencing January 1, 2013, for the purposes specified in this ordinance, which tax is proposed to be upon the Town's existing sales tax base so that there continues to be no Town sales tax upon sales of food for domestic home consumption; 1 . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: A. Section 3.08.040 of the Firestone Municipal Code, regarding the sales tax levy, is hereby amended to read as follows (words added are underlined; words deleted are strieken through): 3.08.040 Amount of tax; -use of revenues of temporary sales tax. A. There is imposed on all sales of tangible personal property at retail or furnishing of services in the town except as provided herein, a tax equal to two percent of the purchase price thereof, except that for the fifteen year period beginningJanuary 1, 2013, said tax shall be equal to three percent of the purchase price thereof. For purposes of such tax nr , ��- 1. All retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to a destination outside the limits of Firestone or to a common carrier for delivery to a destination outside the limits of Firestone. The gross receipts from such sales shall include delivery charges when such charges are subject to the state sales and use tax imposed by CRS Article 26 of Title 39, regardless of the place to which delivery is made. If a retailer has no permanent place of business in Firestone or has more than one place of business, the place at which the retail sales are consummated for the purpose of a sales tax imposed by this chapter shall be determined by the provisions of CKS. Article 26 of Title 39, and by rules and regulations promulgated by the Department of Revenue. 2. The amount subject to tax shall not include the amount of any sales or use tax imposed by C.R.S. Article 26 of Title 39. B. There is imposed a use tax on the use or consumption of any. construction and building materials purchased at retail or for the privilege of storing, using or consuming in Firestone any motor or other vehicles, purchased at retail on which registration is required, of two percent except as otherwise provided herein, but the amount subject to tax shall not include the amount of any sales or use tax imposed by C.R.S. Article 26 of Title 39. C. _Revenues from the temporary one percent sales tax approved by the registered electors of the town at the November 6, 2012 election shall be collected, retained and spent for acquisition, development, construction, operation, maintenance, repair, replacement, expansion, rehabilitation and renovation of existing and planned parks, streets and utilities, including but not limited to Central Park improvements, arterial, collector, and local streets, waterlines, culverts, drainage_ facilities, raw water irrigation facilities, curbs, gutters, sidewalks, trails, 2 brides, shoulders and medians, and for public works operations equipment. Section 2. Total Town tax revenues are estimated to increase by up to $1,500,000 in 2013, the first full year in which the temporary sales tax provided for in this ordinance is in effect. However, the revenues from said sales tax may be collected, retained and spent regardless of whether said revenues, in any year after the .first full year in which said sales tax is in effect, exceed the estimated dollar amount stated above, and without any other limitation or condition, and without limiting the collection or spending of any other revenues or funds by the Town of Firestone, under Article X, Section 20 of the Colorado Constitution or any other law. Section 3. This ordinance shall not take effect unless and until a majority of the registered voters voting at the special municipal election on November 6, 2012 vote "yes" in response to the following ballot.title: SHALL TOWN OF FIRESTONE TAXES BE INCREASED $1,500,000 IN 2013 AND THEN ANNUALLY BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED THEREAFTER BY THE IMPOSITION OF A TEMPORARY SALES TAX AT THE RATE OF 1.0 PERCENT, SUCH TEMPORARY SALES TAX TO COMMENCE JANUARY 1, 2013 AND EXPIRE FIFTEEN YEARS THERAFTER AND BE COLLECTED IN ADDITION TO THE TOWN'S PERMANENT SALES TAX OF 2.0 PERCENT UPON THE TOWN'S EXISTING SALES TAX BASE, SO THAT THERE CONTINUES TO BE NO TOWN SALES TAX UPON SALES OF FOOD FOR DOMESTIC HOME CONSUMPTION, WITH THE NET PROCEEDS OF SUCH ADDITIONAL 1.0 PERCENT SALES TAX TO BE COLLECTED, RETAINED AND SPENT FOR ACQUISITION, DEVELOPMENT, CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, EXPANSION, REHABILITATION AND RENOVATION OF EXISTING AND PLANNED PARKS, STREETS AND UTILITIES, INCLUDING BUT NOT LIMITED TO CENTRAL PARK IMPROVEMENTS, ARTERIAL, COLLECTOR, AND LOCAL STREETS, WATERLINES, CULVERTS, DRAINAGE FACILITIES, RAW WATER IRRIGATION FACILITIES, CURBS, GUTTERS, SIDEWALKS, TRAILS, BRIDGES, SHOULDERS AND MEDIANS, AND FOR PUBLIC WORKS OPERATIONS EQUIPMENT; AND SHALL THE TOWN BE PERMITTED TO COLLECT, RETAIN AND EXPEND ALL REVENUES DERIVED FROM SUCH SALES TAX AS A VOTER -APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Section 4. The provisions of this ordinance shall take effect, following passage and approval thereof as provided in Section 3, on January 1, 2013. 3 Section 5. 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 Town Board of Trustees and the registered voters of the Town hereby declare that they would have passed and approved 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 provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whale 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 25'h day of July, 2012. TOWN OF FIRESTONE, COLORADO ES TpH rowry F SEAL O Paul Sorensen, Mayor Pro-tem �Q ATTEST: .. •moo rY, .COS T A, Rebecca Toberman, Town Clerk 4 ORDINANCE NO.807 AN ORDINANCE AMENDING CHAPTER 12.20 OF THE FIRESTONE MUNICIPAL CODE TO ADD A NEW SECTION REGARDING THE TOWN STREET LIGHT CHARGE AND TO PROVIDE FOR THE SETTING OF SUCH CHARGE BY RESOLUTION OF THE BOARD OF TRUSTEES WHEREAS, the Town of Firestone (the "Town") provides street and signal lights for the residents of the Town; and WHEREAS, a charge for this service is collected through the billing for the water system; and WHEREAS, Ordinance Nos. 571 and 793, which previously set and codified the street: light charge, contained certain errors resulting in uncertainty as to the Firestone Municipal Code section number assigned to such Code provision; and WHEREAS, the Board of Trustees by this ordinance desires to amend Chapter 12.20 of the Firestone Municipal Code to add a new section regarding the street light charge and provide that such charge shall be in an amount established from time. to time by resolution of the Board of Trustees; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The title of Chapter 12.20 of the Firestone Municipal Code is hereby amended from "Street Names and Addresses" to "Street Names and Address; Street Light Charge." Section 2. Chapter 12.20 of the Firestone Municipal Code is hereby amended by the addition of a new Section 12.20.050 to read as follows: 12.20.050 Street light charge. There is hereby imposed a uniform service charge for the provision of street lights, including signal lighting, 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. Such charge shall be in the amount established from time to time by resolution of the board of trustees. Section 3. 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. 1 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 judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. Ordinance No. 793 is hereby repealed in its entirety. 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 12" DAY OF SEPTEMBER, 2012. ATTEST: Rebecca Toberman, Town Clerk TOWN OF FIRESTONE, COLORADO C 0 k Chad Auer, Mayor 2 ORDINANCE NO.808 AN ORDINANCE AMENDING TITLE 8 OF THE FIRESTONE MUNICIPAL CODE CONCERNING PORTABLE OUTDOOR FIREPLACES, PORTABLE OUTDOOR FIRE PITS, AND CHIMINEAS WHEREAS, the Board of Trustees previously adopted Sections 8.12.020 and 8.16.030 of the Firestone Municipal Code prohibiting the burning of waste materials, weeds, and rubbish, but allowing the burning of untreated wood in fireplaces; and WHEREAS, the Board of Trustees desires to amend Sections 8.12.020 and 8.16.030 to state that the prohibition against the burning of waste materials, weeds, and rubbish does not apply to the use of portable outdoor fireplaces, portable outdoor fire pits, and chimineas, subject to certain conditions and restrictions; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 8.12.020 of the Firestone Municipal Code is hereby amended to repeal and reenact Subsection E and to add anew Subsection F to read as follows: 8.12.020 Waste material — Removal required — Burning prohibited. E. The prohibition set forth in Subsection D of this Section shall not apply to the burning in a portable outdoor fireplace, portable outdoor fire pit, or chiminea of clean dry untreated wood with a total fuel area of three (3) feet or less in diameter and two (2) feet or less in height for pleasure, ceremonial, or cooking purposes, subject to the restrictions set forth in this Subsection E. Emissions from these devices that endanger the health, safety or comfort of the public are prohibited. The burning of leaves, grass, brush, branches, or trash in these devices is prohibited. Portable outdoor fireplaces, portable outdoor fire pits, and chimineas may be used at single family dwelling sites. The burning of untreated dry wood or wood pellets in permanent built-in fireplaces, wood burning stoves, or pellet stoves is permitted. Immediate extinguishment may be ordered by police or fire personnel when public health, safety, or comfort is endangered. F. The prohibition set forth in Subsection D of this Section shall also not apply 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. Section 8.16.030 of the Firestone Municipal Code is hereby amended to repeal and reenact Subsection C and to add a new Subsection D to read as follows: 8.16.030 Weeds — Duty to remove — Burning prohibited. C. The prohibition set forth in Subsection B of this Section shall not apply to the burning in a portable outdoor fireplace, portable outdoor fire pit, or chiminea of clean dry untreated wood with a total fuel area of three (3) feet or less in diameter and two (2) feet or less in height for pleasure, ceremonial, or cooking purposes, subject to the restrictions set forth in this Subsection C. Emissions from these devices that endanger the health, safety or comfort of the public are prohibited. The burning of leaves, grass, brush, branches, or trash in these devices is prohibited. Portable outdoor fireplaces, portable outdoor fire pits, and chimineas may be used at single family dwelling sites. The burning of untreated dry wood or wood pellets in permanent built-in fireplaces, wood burning stoves, or pellet stoves is permitted. Immediate extinguishment may be ordered by police or fire personnel when public health, safety, or comfort is endangered. D. The prohibition set forth in Subsection B of this Section shall also not apply 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 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 Town 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. Any person who violates any provision of this ordinance shall, upon conviction, be deemed to have committed a petty offense, and shall be punished by a fine of not less than two hundred dollars and not to exceed nine hundred ninety-nine dollars, 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 2 ordinance. Each act or omission in violation of one or more of the provisions of this ordinance shall be deemed a separate violation for each and every day that such act(s) or omission(s) occur. Section 6. The repeal or modification of any portion 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 0-0" day of SQ�p �� ►,,_h.er , 2012. FkES To TOWN OF FIRESTONE, COLORADO Tawr`'�`� . SEA. �1$ C %�- o %% Q Chad Auer, Mayor ATTEST: l Rebecca Toberman, Town Clerk 3 ORDINANCE NO.809 AN ORDINANCE AUTHORIZING THE PAYMENT OF TOWN MONEYS FOR THE ACQUISITION OF APPROXIMATELY 17.01 ACRES OF REAL ESTATE OWNED BY ADVANCED FORMING TECNOLOGY, INC. WHEREAS, the Town of Firestone desires to purchase approximately 17.01 acres of land owned by Advanced Forming Technology, Inc. which land is located adjacent to the Firestone Maintenance Facility located at 7500 Pine Cone Ave. (WCR 20) in Firestone, and legally described as Lot 3, Minor Plat Advanced Forming Technology, Town of Firestone, County of Weld, State of Colorado, containing approximately 15.97 acres; and Outlot A, Advanced Forming Technology Filing No. 1, Town of Firestone, County of Weld, State of Colorado, containing approximately 1.04 acres ("the Property"); and WHEREAS, the Town desires to purchase the Property as a general asset of the Town for various purposes, including but not limited to expansion of the Town's maintenance facilities and Public Works yard; for general Town uses; and for other purposes, including but not limited to potential disposal of portions thereof that the Town may acquire in fee title and that the Board of Trustees determines are not or will not be held, used or needed for park or governmental purposes; and WHEREAS, the Board of Trustees has approved by Resolution a Purchase Contract for the purchase of the Property, under which the Town shall pay the owner of the Property a total purchase price of $147,500, subject to the terms and conditions of said Purchase Contract; and WHEREAS, the Board of Trustees by this ordinance desires to identify the source of funding for such purchase, authorize the acquisition of the Property, and otherwise comply with C.R.S. § 31-25-302. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Unless other funds become available for use by the Town as determined by the Town Board of Trustees, moneys from the Capital Improvements Fund (Municipal Facilities Impact Fees) shall be used to pay at closing the amount of $147,500 plus closing costs for the Property; which Property is further described on Exhibit A in the Purchase Contract therefor. Section 2. Town payment for the Property shall be made in cash, certified funds or Town check, subject to the Purchase Contract and to any necessary budgetary transfers or supplementary budgets and appropriations in accordance with state law. Such Town payment is subject to and conditioned upon satisfaction of all contingencies and conditions in the Purchase Contract for the Property. Section 3. The Board of Trustees intends and states that the Property is being acquired as a general asset of the Town for various purposes, including but not limited to expansion of the Town's maintenance facilities and Public Works yard; for general Town uses; and for other purposes, including but not limited to potential disposal of portions thereof that the Town may acquire in fee title and that the Board of Trustees determines are not or will not be held, used or needed for park or governmental purposes. Section 4. Nothing in this ordinance is intended to nor should be construed to create any multiple -fiscal year direct or indirect Town debt or fiscal obligation whatsoever. Section 5. 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 Town 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. 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, VCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this a day of soo 2012. ATTEST: FARES rOti � �rx TOWN SRA IO �0 %,Lt, T1 r1yv.!- Rebecca Toberman Town Clerk TOWN OF FIRESTONE, COLORADO (7 Li Chad Auer Mayor 2 ORDINANCE NO. 810 AN ORDINANCE AMENDING CHAPTER 13.04 OF THE FIRESTONE MUNICIPAL CODE CONCERNING DROUGHT DECLARATIONS AND TO AUTHORIZE THE TOWN MANAGER TO IMPOSE EMERGENCY WATER RESTRICTIONS WHEREAS, the Board of Trustees has adopted the Town of Firestone 2012 Drought Management PIan to address drought management planning, drought mitigation, and response planning steps; and WHEREAS, the Board of Trustees desires to amend Chapter 13.04 of the Firestone Municipal Code to set forth the procedures by which the Board, of Trustees may declare a drought stage; and WHEREAS, the Board of Trustees previously adopted Section 13.04.085 of the Firestone Municipal Code authorizing the Board of Trustees to establish water service restrictions in the event of water shortage, scarcity or emergency; and WHEREAS, the Board of Trustees desires to extend the authority set forth in Section 13.04.085 to the Town Manager in situations requiring immediate action; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 13.04 of the Firestone Municipal Code is amended by the addition of a new Section 13.04.110 to read as follows: 13.04.110 Drought declaration. A. Declaration of insufficient supplies. The Town shall from time to. time determine the amount of available water supply for use in the Town water system and shall determine the expected demands for water by all the customers of the Town water system for any given period of time. In the event that the Town shall determine at any given time that there are insufficient water supplies to meet all of the present and anticipated projected needs, the Board of Trustees shall declare by ordinance a drought stage as identified in the Town of Firestone Drought Management Plan, as may be amended from time to time. Said ordinance shall establish restrictions, curtailments, and prohibitions on water use, including without limitation those measures set forth in the Drought Management Plan, as appropriate to address the drought stage declared by the Board of Trustees and may impose drought surcharges and fines for violations of any drought watering restrictions established by the Board of Trustees. B. Notification. In the case of a declared drought stage, the Town will provide information on the severity of the drought and the actions or measures the Town is taking in response to the drought. The Town will provide, by a means determined to be appropriate by the Town Manager or his or her designee, information on any drought watering restrictions in place. However, it shall not be a defense to a violation of any drought ordinance adopted by the Board that the violator did not receive notice of such ordinance. C. Violations; penalties. Any person violating any provision of any drought ordinance adopted by the Board of Trustees shall be guilty of a municipal offense and shall be punished by a fine but not imprisonment. The amount of such fine shall be determined by the Firestone Municipal Court. Upon a third and each subsequent conviction for such an offense, and in addition to such fine, the Town may discontinue water service to the property served, or the Town may install a. flow restriction device, at the expense of the customer, upon the service line to the property served to limit water service to that necessary for health and sanitary purposes only. No such discontinuance of or restriction upon water service shall extend for more than ten days for each conviction. At least ten days' notice and an opportunity to be heard before the Town Manager shall be given prior to each discontinuance or restriction of water service pursuant to this Subsection C. D: Customer, owner, occupant responsible. Each customer, owner, and occupant of any property served by the Town's water system shall be responsible for complying with the drought watering restrictions established by the Board of Trustees. Section 2. Section 13.04.085 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are *h-r-O g ): 13.04.085. Water service restrictions. A. In case of water shortage, scarcity or emergency, the Board of Trustees shall have the power to establish by resin ordinance any restrictions deemed necessary upon the use of water for nondomestic purposes, including but not limited to irrigation. B. In case of an emergency water shortage or scarcity requiring immediate action as determined by Town Manager, the Town Manager shall have the power to establish by executive order any restrictions deemed necessary upon the use of water for nondomestic purposes, including but not limited to.irri ation. No such order shall be continued or renewed for a period in excess of fourteen da, s�pt by ordinance adopted by the Board of Trustees. . Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the .extent of such inconsistency or conflict. 2 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this a day of Sp,O �e w.Mo2r , 2012. ��Q;EST0 TOWN OF FIRESTONE, COLORADO �owN''"'� m SEAL 10 O� O� Chad Auer, Mayor ATTEST: ��VNTY, G0� Rebecca Toberman, Town Clerk ORDINANCE NO. AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR LOT 1 OF THE BOOTH FARM SUBDIVISION WHEREAS, Colorado Structures, Inc., as owner and applicant, has submitted to the Board of Trustees of the Town of Firestone a request for approval of a rezoning and Outline Development Plan ("ODP") amendment for certain property consisting of approximately 19.56 acres, which property is known as Lot 1 of the Booth Farm Subdivision; and WHEREAS, the Firestone -Planning and Zoning Commission has held a properly noticed public hearing on the application, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record, and on November 6, 2012, recommended approval of the application with conditions; and WHEREAS, all materials related to the proposed rezoning and ODP amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone zoning ordinances, Development Regulations, -and related Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees considered the proposed rezoning and ODP amendment at a duly noticed public hearing held on November 14, 2012; and WHEREAS, the Board of Trustees finds that the proposed rezoning and ODP amendment is consistent with the Town's plan for the area and that the applicant has demonstrated that the proposed rezoning and ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations; and WHEREAS, the Board of Trustees finds that the proposed rezoning and ODP amendment should be approved subject to certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305. 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, Colorado hereby approves the proposed rezoning and outline development plan amendment for Lot I of the Booth Farm Subdivision, the legal description of which property is set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. The Town zoning map shall be amended accordingly. ' INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 14th day of November, 2012. ATTEST: -r-"rowN NF ileAL �. I t Laa-x' Tll�-1�2 Rebecca Toberman Town Clerk I IM2012 7 A6 PM [kmkj 51FimstonelOrdinancelBoA Farm Lot 1 ODP Amend.da 2 EXHIBIT A Rezoning/01)P Amendment Lot 1, Booth Farm Subdivision LOT 1 BOOTH FARM SUBDIVISION (FIRESTONE APARTMENTS) ODP LEGAL DESCRIPTION LOT 1 OF THE BOOTH FARM MINOR SUBDIVISION PLAT RECORDED ON APRIL 19, 2001 AT THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO.2842090, GENERALLY LOCATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T" PRINCIPLE MERIDIAN, TOWN OF FIRESTONE, WELD COUNTY, COLORADO. CONTAINING A TOTAL AREA OF 19.56 ACRES, MORE OR LESS. 3 EXHIBIT B Rezoning/ODP Amendment Conditions of Approval Lot 1, Booth Farm Subdivision Revise the second sentence of the Project Concept text to read as follows: "Development of this lot is mainly a multi -family residential apartment complex in 2 phases (RG P D 17.89 AG) and a future cemfnefeial devel ent (NCPUD) day care center to be located in the southwest corner of the lot which shall be subordinate to the multi -family use." 2. Revise the second paragraph of the Project Concept text to read as follows: "The site is currently zoned PUD-as a Residential B (R-B PUD), but is shown on the Town's Master Plan as high density residential. 3. Add the following to the end of the Environmental Information text: ", dated prepared by Dominion Due Diligence Group." 4. Throughout the ODP text, revise "FT" to read "FEET." 5. Throughout the ODP text, revise "City of Firestone" to read "Town of Firestone." 6. Revise the Service Requirements to reflect all service providers, as set forth in the Town Engineer's redlines. 7. Revise the first sentence of the Land Use and Zoning text to read as follows: "This sitee is zoned Planned Unit Development Residential-C,-ened for multi- family residential apartments and will include a day care center to be located in the southwest corner of the lot. The day care center will be subordinate to the primary multi -family use, and will be subject to such limitations as set forth in the Prelimingly Development Plan PDP and Final Development Plan (FDP) for the property." S. , Add the following to the end of Section Lc in the Land Use and Zoning text: "Building height measurements are as defined in the Firestone Development Regulations." 4 9. Add the following to the end of Section Ld in the Land Use and Zoning text: "through its public hearing process." 10. Delete references to the NC PUD land use category in the Land Use and Zoning text. 11. Revise the first sentence of the Development Schedule text to read as follows: "The site -ram} will be developed in multiple phases." 12. Revise the end of the final sentence in the Development Schedule text to read as follows: "subject tom the public hearing process with the Town of Firestone." 13. Revise the second sentence in the Park Development text to read as follows: "The Final Development Plan shall provide more detail of this these planned site amenities." 14. Revise the Private Maintenance and Enforcement text to read as follows: "All proposed common park/ and recreation areas, site amenities, and landscaping shall be privately owned and maintained pursuant to the approved FDP. 15. Submit an updated title commitment, dated no later than one month prior to recording final documents. 16. Remove "Filing No. 1" and "Phase One" from the Firestone Information Block: 17. Revise the vicinity map to show the Town limits and state the scale. Labelthestreets using the Firestone street names and provide the County Road street names in parenthesis. Revise the middle school label to read "Coal Ridge Middle School." 18. Provide email addresses and contact names for the Owner/Developer and Technical Consultants. 19. Revise the Legal Description to read as follows: "Lot 1 of the Booth Farm Minor Subdivision Plat recorded on April 19, 2001 at the office of the Weld County Clerk and Recorder at Reception No. 2842090, generally located in the Northwest Quarter of Section 7, Township 2 North, Range 67 West of the 6th Principle Meridian, Town of Firestone, Weld County, Colorado. Containing a total area of 19.56 acres, more or less." 5 20.. Revise the ODP map and text to clarify that- access will be determined by a traffic impact study, and remove any references to "full movement" access. 21. Revise documents in response to redlines provided by the Town Engineer. C ORDINANCE NO. !' + , AN ORDINANCE AMENDING CHAPTER 3.20 OF THE FIRESTONE MUNICIPAL CODE CONCERNING RESIDENTIAL DEVELOPMENT IMPACT FEES AND FUNDS WHEREAS, pursuant to state law, including but not limited to C.R.S. §29-20-101 et seq., and as a condition of issuance of a development permit, the Town has the authority to impose an impact fee or other similar development charge to fund expenditures by the Town on capital facilities needed to serve new development; and WHEREAS, the Board of Trustees previously adopted Chapter 3.20 of the Firestone Municipal Code to establish impact fees to be paid by new residential development and established provisions for the collection and expenditure of such impact fees; and WHEREAS, Section 3.20.100 of the Firestone Municipal Code requires periodic review of the. Town's impact fees to ensure that: (1) the demand and cost assumptions underlying the impact fees are still valid; (2) the resulting impact fees do not .exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; (3) the monies collected or to be collected in each impact fee trust account have been paid and are expected to be spent for capital facilities for which the fees were paid; and (4) the capital facilities for which the fees are to be used will benefit the development paying the fees; and. WHEREAS, Town staff has undertaken a review of the Town's capital needs and impact fees as required by Section 3.20.100 of the Firestone Municipal Code by reassessing the Town's capital needs, updating cost estimates, and reviewing changes in development projections and impacts for the Town in order to determine the capital facilities needed to serve new development and the proportional costs of such facilities that may be charged to proposed development through impact fees, which review is summarized in the Memorandum of Impact Fee Update and Impact Fee Calculations both dated November 21, 2012 (collectively referred to as the Impact Fee Analysis) and accompanying this Ordinance; and WHEREAS, the Board of Trustees hereby confirms and establishes as Town standards the assumptions and service standards referenced and discussed in the Impact Fee Analysis as:. part of the Town's current plans for future construction, improvement and expansion of the Town's capital facilities that are addressed by the impact fee system amended by this Ordinance; and WHEREAS, the Board of Trustees finds the demand and cost assumptions underlying the Town's impact fees, and in particular, revisions to the Town's urban growth boundary, reassessment of the Town's capital needs, and increases in construction costs, warrant revisions to the Town's impact fees as set forth in the 2012 Revised Impact Fee Analysis; and WHEREAS, the Board of Trustees further finds the impact fees, as. amended by this Ordinance, do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; of the impact fee monies spent since adoption of Chapter 3.20 of the Firestone Municipal Code, such fees have only been spent for capital facilities for which such fees were paid; impact fee monies to be collected in the future are likewise expected to be spent only for capital facilities for which the fees were paid; such capital facilities that have been constructed with impact fee monies have benefited those developments that paid the fees; and future impact fee monies paid will fund capital facilities that will benefit those developments that paid the fees; and WHEREAS, the impact fees charged to new development pursuant to this Ordinance are legislatively adopted, generally applicable to all residential development of new dwelling units, and intended .to defray the projected impacts on.. capital facilities caused by proposed development; and WHEREAS, the impact fees are no greater than necessary to defray the projected impacts directly related to proposed new development; and WHEREAS, this Ordinance creates a system under which impact fees shall not be used to remedy any deficiency in capital facilities existing on the effective date of this Ordinance and under which impact fees paid by new development_ will be used to finance or defray all or a portion of the costs incurred by the Town to construct, improve or expand capital facilities to serve new development in ways that benefit the development that paid each fee within a reasonable period of time after the fee is paid; and WHEREAS, Chapter 3.20 of the Firestone Municipal Code includes provisions to ensure that no individual landowner is required to provide any sitc-specific dedication or improvement to meet the same need for capital facilities for which the impact fees are imposed; and WHEREAS, the Board of Trustees by this Ordinance desires to amend Chapter 3.20 of the Firestone Municipal Code to establish new residential development impact fees'and to enact related provisions concerning the collection and expenditure of impact fees; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 3.20.030.B. of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are 3.20.030 Definitions. B. "Capital facilities" means any improvement or facility that: 1. Is directly related to any service that the town is authorized to provide; 2. Has an estimated useful life of five years or longer; and. 2 3. Is required by general policy of the town pursuant to a resolution or ordinance. The phrase "capital facilities," as used in this chapter, is limited to the following categories, all of which are as further defined herein and in the Impact Fee Analysis: regional. transportation network capital facilities, regional storm drainage capital facilities, regional parks, municipal facilities and raw water irrigation systems utility transfflissiaii line under -grounding, No costs of vehicles or equipment are included within such capital facilities. Section 2. Section 3.20.030.1. of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stricken thr-eug4): 310.030 Definitions. I. "Impact fees" means the fees established by this chapter for the following capital facilities: regional transportation network (the Roadway Impact Fee), regional storm drainage (the Drainage Impact Fee), regional parks (the Regional Parks Impact Fee), municipal facilities (Municipal Facilities Impact Fee) and raw water irrigation systems(Raw Water Irrigation Impact Fe )utility transmission line under-gr-Oiinding Section 3. Section 3.20.030.J. of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are sir-iolie , through): 3.20.030 Definitions. J. "Impact fee analysis" means the 200812 Impact Fee Calculations and Memorandum of Impact Fee Update, both prepared by town staff and dated November 21, 2012, and all other additional materials prepared in connection with such analysis, memorandum and this chapter. Section 4. Section 3.20.030.L. of the Firestone Municipal Code is hereby amended to read as follows (words to be added arc underlined; words to be deleted are str+sken threugh): 3.20.030 Definitions. L. "Impact Fee Trust Fund" means the trust fund established - by Section 3.20.070, which includes individual accounts for the Roadway Impact Fees, the Drainage Impact Fees, the Regional Parks Impact Fees, the Municipal Facilities. Impact Fees and the Raw Water Irri at_i_on Impact Fees. The Impact Fee Trust Fund is also called the "Trust Fund." M Section 5. Section 3.20.030.L. of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-islcon t4e-): 310.030 Definitions. N. "Regional Transportation Network (RTN)" and "RTN capital facilities." The "RTN" consists of all existing or planned section line roads., and the planned Arbor Street and the _planned streets internal to Central Park and is depicted on Exhibit B to the ordinance codified herein, a copy of which is available for inspection at the office of the town clerk. "RTN capital facilities" are defined as all engineering work, design studies, Iand surveys, alignment studies, permitting work, land costs and construction related to all necessary features for any road on the RTN, undertaken to accommodate additional traffic resulting from new impact - generating development in the town. Such features that are. part of the RTN capital facilities include, but are not limited to: [remainder of section to remain the same] Section 6. - Section 3.20.040.C.2. of the Firestone Municipal Cade is. hereby amended to read as follows (words to be added are underlined; words to be deleted are str-ieken thfoi+&4): 3.20.040 Development impact fees imposed. C. Calculation of amount of impact fees. 2. Annual adjustment of fees to reflect effects of inflation. The impact fees shown in the impact fee schedule shall be adjusted annually to reflect the effects of inflation on those costs . for capital facilities. Commencing on January 1, 2014 240, and on January 1 of each following year unless and until the fees in Appendix 3A are revised and replaced, each impact fee amount set forth in Appendix 3A shall be adjusted for inflation, based on the annual Construction Cost Index published by Engineering News Record. Such adjustments in the impact fees shall become effective immediately upon calculation by the town and shall not require additional action by the board of trustees to be effective. Section 7. Section 3.20.070.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 n46ekeR thr...;r.1,): 3.20.070 Impact Fee Trust Fund, - A. Establishment of trust fund and trust accounts. 4 2. Establishment of accounts. The trust fund shall be divided into five accounts: a Roadway Impact Fee account, a Drainage Impact Fee account, a Regional Parks Impact Fee account, a Municipal Facilities Fee account and a Raw Water Irrigation Impact Fee.. Account. Section 8. Appendix 3A to Chapter 3.20, Impact Fee Schedule; is hereby amended to read as read as follows (words to be added are underlined; words to be deleted are strieken thfough) Appendix 3A Impact Fee Schedule Categories and Total Fee for Each Residential Dwelling Unit Roadway Impact Fee $3,284.53 $3,687.65 Drainage Impact Fee l,n� 1,306.50 Regional Parks Impact.Fee 3 3,621.31 Municipal Facilities Impact Fee. �097.94 , 1,811.59. Raw Water Irrigation Impact Fee 750.96 1,884.40 Total Impact Fee (per unit) $9,cam-�7.16 12,311.46 Section 9. Exhibit B to. Chapter 3.20, Firestone Regional Transportation Network, is hereby replaced in its entirety with Exhibit B attached hereto, Firestone Regional Transportation Network. Section 10. Undergrounding Impact Fees previously collected and on deposit with the Town shall be accounted for within the Raw Water Irrigation Impact Fee Account, which account was previously named the Undergrounding Impact Fee Account. Section II.- 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 Town Board of Trustees hereby declares that it would have passed this Ordinance and each part hereof irrespective of the fact that nay one part be declared invalid. Section 12. 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, andeach 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 13. All other ordinances or portions thereof inconsistent or conflicting with 5 this .Ordinanceor any portion hereof are hereby repealed to the extent of such inconsistency, or ..aft Tema COLORADO CIVIL GROUP, INC. Fagfnu6ng Cmutrlt nts TO: Mr. Wes LaVanchy, Town of Firestone, Town Manager FROM: Dave Lindsay, Colorado Civil Group, Inc., Town Engineer ' Amber Messersmith, Colorado Civil Group, Inc., Town Engineer W"A , DATE: November 21,.2012 SUBJECT: Impact Fee Update PROJECT No.: 0668.0000.00 INTRODUCTION This memorandum was prepared to present our recommended changes to the Town's impact fees for, various categories of growth -related infrastructure. This memo recommends updated fees and outlines the methodologies used in the new fee calculation. This Impact Fee Update is recommended because of the combined effect of increased construction costs since 2008, the need to develop a solution to the Town's pending space needs, and the capital project goals identified in the 2011 community survey. OBJECTIVES The objective of this memorandum is to set forth recommended appropriate impact fees for the construction or expansion of regional capital facilities required to ensure that infrastructure capacity is available to accommodate or: mitigate new growth. Specifically, impact fees are calculated for facilities in the following areas: Regional Transportation Regional Storm Drainage Improvements Regional Parks Municipal Facilities • Raw Water Irrigation System Impact fees are not recommended at this time for regional potable water facilities because the Town utilizes its rate revenue to fund those capital projects. DEFINITION OF IMPACT FEES Impact fees are generally defined as one-time charges used to defray. the capital costs incurred by local governments in providing or expanding the capital facilities. necessary to serve.new growth. They are governed by principles established'in both state and federal law, most recently Colorado's Senate Bill 15, which was passed in 2001 and specifically gives cities, towns and counties the authority to impose impact fees. The recommended impact fees are intended to defray the projected impacts on the above categories of capital facilities that are caused by proposed development. The fees are at a level no greater than necessary to defray such impacts directly related to development. Two tests were used to identify capital facilities that could be funded with impact fees. First, per Senate Bill 15, only items with a useful life of five years or more were designated as capital facilities. Additionally, only facilities with a value of $5,000 or more were considered. COLORADO CIVIL GROUP, INC. • 1413 W. 29`h Street • Loveland, Colorado 80538 • 970-278-0029 USE OF IMPACT FEES Colorado's Senate Bill 15 is generally consistent with prior judicial opinions in the restrictions it places on the use of impact fees. Staff recommends the following limitations on the use of impact fees: • Impact fees can only be used to finance capital infrastructure, new infrastructure or expansion of existing infrastructure. They cannot be used to cover ongoing operations and maintenance costs. • Impact fees cannot be deposited into the general fund; they must be earmarked for capital expenses and deposited into separate accounts. • Impact fees should be expended within a very short time frame. The Town's annual Capital Improvements Plan should include revenue projections and identify achievable targets for competing large and expansive projects that might take additional time to generate adequate impact fee revenue. • Impact fees cannot be imposed to address existing service deficiencies. Impact fees must be intended to defray projected impacts on capital facilities caused by proposed development. A landowner cannot be required to both pay an impact fee and provide a site -specific dedication or improvement to meet the same capital need unless the improvement is warranted because of the planned development at the time of development. As noted above, the fees described and recommended here are at a level no greater than what is necessary to defray such impacts directly related to anticipated development. FEE CALCULATION METHODOLOGY The recommended update of the impact fees follows the previous methodology that utilized capital improvements master planning. This approach considers projected capital investments needed to facilitate growth with development projections based on the 2008 Growth Planning Area. Staff performed a cursory evaluation of the effect of the current Growth Planning Area and determined that many of the growth and development factors used in the calculation of impact fees is unchanged. The most significant change to the Growth Planning Area is simply its size and that most effects transportation infrastructure. However, since the planned densities and projected ratio of residential to commercial development is virtually unchanged the effects on the calculation of impact fees is negligible. Town Staff annually assesses infrastructure needs and prioritizes them based on public safety, community goals, and available funding as part of the annual Budget 5-YR Capital Improvements Plan process. The total projected investment needed to serve new growth was allocated to residential and commercial development. Because the Town only charges an impact fee to residential development, the investment is discounted based on the percentage of commercial area in the Growth. Planning Area as compared to the residential area so that residential development is not paying for the impacts of commercial development. Two methodologies were used to determine the appropriate impact fee. In both cases staff first prepares detailed cost estimates of the capital infrastructure to be funded. Staff also prepares a forecast of planned residential. development. This forecast is actually evaluated and modified as appropriate annually as part of the budget process and the most recent forecast is used for determining impact fees. The methodology used to determine the Regional Roadways impact fee uses a weighted cost of the regional roadways to -be funded and then divides that cost by the average residential density. This method funds 100% of the roadways within the plan area at buildout of the plan area. Three other impact fees use a modified approach. Rather than collecting the final funding at buildout of the plan area these impact fees are determined by funding specified infrastructure in a predetermined amount of time in order to be able to meet the needs of the impending development. The Regional Drainage impact fee is calculated using - both methods. We fund some very specific improvements in a set timeframe and then fund the remaining improvements identified in our drainage master plans as the Town builds out. Exhibit A to this memo more specifically describes the method of calculating each of the impact fees. 2013 Updated Impact Fees COLORADO CIVIL GROUP, INC. • 1 413 W. 29`h Street • Loveland, Colorado 80538. 970-278-0029 The results of the impact fee analysis are presented below and are discussed in detail as to the differences between the existing impact fees and the proposed impact fees. Following this section, step- by-step calculations are provided showing how each impact fee was calculated. Current Proposed Impact Fee Impact fee % Change Regional Transportation Impact Fee $3,284.53 /DU $3,687.65 /DU 12.3% Regional Storm Drainage Impact Fee $1,011.90 IDU $1,306.50 IDU 29.1% Regional Parks Impact Fee $3,371.83 /DU $3,621.31 /DU 7.4% Municipal Facilities Impact Fee $1,097.94 IDU $1,811.59 /DU 65.0% Undergrounding OH Powerline $750.96 /DU $0:00 /DU NIA Raw Water Irrigation Impact Fee $0.00 /DU $1,884.40 /DU NIA $9,517.16 IDU $12,311.46 IDU 29.4% Regional Transportation This impact fee increases by 12.3% and is entirely a result of increased construction costs. Most of these increases from the 2008 fee evaluation is a result of substantially higher fuel prices which trickle into virtually every aspect of construction. Not just the cost of fuel for the tractors on the job site but also it's effect on the cost of the production and delivery of things like pipe, valves, concrete, and other materials. Regional Storm Drainage This impact fee increases by 29.1 %. The increase is partly due to increased construction costs but there were two other factors. Since the 2008 fee evaluation was competed the Town also completed a new basin master plan for the Sum Basin in eastern portion of the Firestone growth planning area and those regional expenses were added to the cost. The other item was not actually an addition but the fee was increases so that the Gadding and Tri-Town Basins Outfall project will now be funded in 10 years. Regional Parks This impact fee only increases 7.4%. The items to be funded are essentially the same as with the 2008 fee evaluation. Competing the Sports Complex, completing Central Park, and completing some trails projects are still.the principle expenditures. The Central Park master plan has had some.significant changes and we have prepared all new detailed construction cost estimates. In addition, the fee will now fund two pedestrian bridges, one on the Trail adjacent to Old Town and one on the planned trail near the Mountain Shadows Park. The trail connecting Mountain Shadows Park and St. Vrain State Park is still on the list of eligible projects to be funded. In order to keep this fee near it's current amount it was necessary to extend the: funding time out to 70 years. Municipal Facilities This fee will increase 65.0% in order to address the Town's space needs within the next 10 years. The previously designed Firestone Municipal Center was and attractive building and would allow for substantial growth in Town staff and services but was simply not cost effective given our current economic climate. A cursory evaluation has shown that the Town should be able to build a new Town Hall building at Central Park using a more cost effective metal building style. In addition, the new fee will fund temporary office space that is likely to be needed as an interim until the new Town Hall is completed. The fee will also provide funding for an additional 5,000 s.f. of shop space for the Public Works Department. COLORADO CIVIL GROUP, INC. • 1413 W. 29`h Street 9 Loveland, Colorado 80538. 970-278-0029 Raw Water Irrigation This is a new impact fee that will replace the previous impact fee that was collected to reimburse the Town for the cost of undergrounding the Tri-State 115 kV Power Transmission Line in the Firestone Trail. In 2008 the Town authorized the impact fees collected for this item to be applied to the capital cost of the planned Raw Water Irrigation System. This fee will simply replace the old impact fee and is specifically dedicated to completing the irrigation system. This current fee will fund the first phase of the system within the next 10 years. The total increase in the impact fees is 29.4% or $2,794.30. 40% of the increase is a result of the new Raw Water Irrigation impact fee. Another 25% of the increase is a result of the solution to the Municipal Facilities problem. Our growth projections indicate the Town will seemodest growth over the next few years but the steady increase will eventually build to a more robust growth increase in coming years. Our recommendation is that these revised impact fees be adopted and put into effect in 2013 ahead of the expected growth increases. This is in part to ensure that as much of the new growth be captured as possible and also because increasing fees is likely to be easier during this slower building cycle. The attached exhibit is more detailed breakdown of the assumptions and calculations used to develop these proposed impact fees. COLORADO CIVIL GROUP, INC. • 1413 W. 29`h Street • Loveland, Colorado 80538. 970-278-0029 EXHIBIT A Impact Fee Calculations 2013 Impact Fee. Update ASSUMPTIONS • The Firestone Impact Fees are only applied to residential development with no distinction between single and multi -family. The Impact Fees are discounted by the amount attributed to non- residential development. • The 2008 Growth Planning Area will continue to be used for determination of impact fees and is approximately 29 sections (29.3) or 18,750 acres. • The net area which excludes area that will not be either commercially or residentially developed (parks/open spaces, schools, existing development, etc ) is approximately 14,500 acres (approximately 22.61 sections). • One section contains approximately 640 acres. • The net density of the Town at build -out of the 2008 growth boundary will be approximately 3.25 DU's per acre. The result is 2,080 DU's per section. The net density better reflects the ultimate build -out since land -use categories including commercial, parks, and schools will not develop with residential units. The 2011 Growth Planning Area has very similar residential densities. • Residential densities were assumed based on Section 16.0 of Firestone's Development Regulations. Ranges for each category are provided in the Development Regulations, so densities were roughly based on the ranges shown in the Development Regulations. • A density of 2 DU'slacre was assumed for the Residential -Low land -use category. • A density of 5 DU's/acre was assumed for the Residential -Medium land -use category. A density of 10 DU's/acre was assumed for the Residential -High land -use category. • On average, one dwelling unit will have 2.70 residents. This is calculated as an area weighted average that assumes 3.07 people/DU in low and medium density developments, and assumes 1.5 people/DU for high density development. • At build -out of the 2008 Growth Planning Area the Town would have a population of approximately 122,500 and 45,000 DU's COLORADO CIVIL GROUP, INC. • 1413 W. 29`h Street • Loveland, Colorado 80538 • 970-278-0029 Net acreage from the 2008 Growth Planning Area shows the ultimate land uses (which deducts parks/open space, schools, existing development, etc ) in Firestone will break down as follows: • Total Commercial = 2,140 Ac. 05%) i. CIOF = 1,215 Ac. ii. I/OF = 925 Ac. • . Residential = 12,330 Ac.. (85%). • The Impact Fee charged to residential development will be 85% of the total calculated fee. The remaining 15% contribution from commercial development can be collected through some combination of property taxes (29% assessment for non-residential versus 10% for residential) and retail sales taxes. REGIONAL TRANSPORTATION To ensure the Towns future regional transportation needs are met, all section lines (existing county roads) shall be designated as arterial streets, as well as Arbor Street]Jake Jabs Boulevard located one -.half mile east of 1-25. This shall be defined as the Firestone regional transportation network. Firestone. Boulevard, Frontier Street, and Locust Street will each be major arterial streets with R.O.W. widths of 120' while the other arterials will be standard arterials with 100' R.O.W. widths. Grant Avenue from Colorado Boulevard to Hart Park and Park Avenue at Central Park will each be modified collector streets with R.O.W. widths of 80'. In addition to the arterial street network, the impact fee willinclude costs of the interior roadways _ planned in Central Park, which is currently the only park in Firestone with a planned internal street network. The cost estimates prepared assumed that the entire width of pavement would be constructed. This assumes that the existing 24' (typically) asphalt width on the old county roads is in a condition that is not worth salvaging. To determine the impact of any new DU on the Towns regional transportation network we distribute the cost of half of the arterials that bound a section amongst the estimated number of residential dwelling units in an average section. Rather than calculating that cost for each section independently we have formulated a weighted average of the coststhat blends the costs of the major arterials, the standard arterials, the modified collectors and the Central Park streets. This assumption is valid given that a resident will benefit from the entire transportation network.and not just the adjacent arterials. Based on the arterial designations mentioned above Firestone will have 15.0 miles of Major Arterial streets and 35.7 miles of Standard Arterial streets. Cost/Foot Total Length Major Arterial Standard Arterial Grant Ave. Modified Collector Park Ave. Modified Collector School Dr Collector Central Ave. Local Street Length Weighted Average = ($/ft) (ft) . $11032.86 79,200 $802.46 188,496 $548.35 3,168 $692.63 5,808 $467.47 2,640 $420.49 3,168 282,480 $854.54 Ift Each section is assumed to be bounded by 4 miles of arterial streets. Each section is responsible for the cost of the half of the street adjacent to them that is equal to 2 miles (10,560 ft) of weighted arterial street . . COLORADO CIVIL GROUP, INC. • 1413 W. 29`h Street 9 Loveland, Colorado 80538. 970-278-0029 costs. That cost is then divided by projected residential density per section (2,080 DU'slsection) and then reduced (to 85%) to discount the non-residential development. Cost of Regional Roadway = [($854.541ft. x 10,560 ft.)12,080 DU's]*85% = $3,687.651DU REGIONAL STORM DRAINAGE IMPROVEMENTS The South Weld 1-25 Corridor Master Drainage Plan, Sump Basin Master Plan, and drainage improvements west of 1-25 were evaluated in determining the anticipated cost of infrastructure .improvements. Since the South Weld 1-25 Corridor Master Drainage Plan was prepared in 2000, the anticipated costs were updated by increasing the infrastructure and design costs by 30% and by assuming $25,000/acre for property acquisition. Also, since portions of the Godding Hollow and Tri-Town drainage basins extend south into Frederick, the improvements outside of Firestone's Town limits were excluded in the cost analysis. This fee was calculated in two parts, the first being improvements that are identified in the various basin master plans to be funded over the buildout of the Town and second being the cost of the Godding and Tri-Town Basin Outfall project which will be funded over 10 years. The cost of the improvements is discounted by.the current Regional Storm Drainage impact fee fund balance. The impact fee is reduced (to 85%) to discount the non- residential development. Total Cost of Master Planned Improvements = $43,753,075.50 Impact Fee Funds Already Collected = $784,400.00 Net Costs to be Funded = $42,968,675.50 GoddinglTri-Town Project Costs _ $2,560,000.00 (10-yr Project) (to be funded in 10-years with projected 2,929 new DU's added from 2013-2022). Improvements to be funded at Buildout = $40,408,675.50 (Buildout Projects) Buildout Projects Cost/Section = $40,408,675.50/29.3 Sections _ $1,379,135.681section Impact Fee = 10-YR Projects + Buildout Projects = [(1 Q-YR Costs . 10-YR DU's)+(Buildout CostlSection Net Density)]*85% = $1,306.501DU REGIONAL PARKS Parks projects to be funded with this impact fee include completion of the Sports Complex, completion of Central Park (excluding the internal streets, the raw water irrigation system improvements, and the Town Hall), a regional trail from Mountain Shadows Park to St. Wain State Park; a pedestrian bridge over the Tri-Town Basin Channel at Mountain Shadows Park, and a pedestrian bridge on the Firestone Trail adjacent to Old Town. These improvements are planned to be completed over the next 70 years. The impact fee is reduced (to 85%) to discount the non- residential development. Cost of Regional Parks improvements = $59,423,533.00 Regional Parks Funds Already Collected = $0.00 Net Costs to be Funded = $59,423,533.00 DU's added over next 70 years = 13,948 Regional Parks Impact Fee = $59,423,533.00113,948 DU's)*85% _ $3,621.311DU over 70 years MUNICIPAL FACILITIES COLORADO CIVIL GROUP, INC. * 1413 W. 2911 Street* Loveland, Colorado 80538. 970-278-0029 This impact fee will fund a new Town Hall, interim office space, and a 5,000 s.f. shop for Public Works. The' improvements will be funded over a 10-yr period. The impact fee is reduced (to 85%) to discount the non-residential development: Estimated Cost of New Facilities = $4,445,200.00 Municipal Facilities Funds Already Collected $589,700.00 Net Costs to be Funded = $3,855,500.00 DU's added over next 10 years = 1,809 Municipal Facilities Impact Fee = ($3,855,500 11,809 DU's)*85% _ $1,811.591DU over 10 years ' RAW WATER IRRIGATION This impact fee is being established to fund the capital improvements associated with the Raw Water Irrigation System Master Plan adopted by the Town. With is update, the impact fee will be set to fund the currently estimated cost of Phase 1 of the system in a. 10 year period. This impact fee replaces the previously adopted Underground Overhead Power on Firestone Trail. The balance for that impact fee fund shall be transferred to this new impact fee fund. The impact fee is reduced (to 85%) to discount the non-residential development. Cost of the Phase 1 System = $4,203,200.00 Previous Impact Fees Transferred = $192,750.00 Net Costs to be Funded = $4,010,450.00 DU's added over next 10 years = 1,809 Raw Water Irrigation Impact Fee = ($4,010,45011,809 DU's)*85%. $1,884.401DU over 10 years SUMMARY OF PROPOSED IMPACT FEES Regional Transportation Impact Fee $3,687.65 IDU Regional Storm Drainage Impact Fee $1,306.50 IDU Regional Parks Impact Fee $3,621.31 IDU Minicipal Facilities Impact Fee $1,811.59 IDU Raw Water Irrigation Impact Fee 1,884,40 IDU $12,311.46 IDU COLORADO CIVIL GROUP, INC. • 1413 W. 29' Street • Loveland, Colorado 80538 • 970-278-0029 EXHIBIT B FIRESTONE REGIONAL TRANSPORTATION NETWORK �s emu safe �mm 1 ma i mar I I -- a.1A AYE :11Ki Md� me MD.! MCL1 M e M e Md4 s�D ROM 24 1/2f � � - NBr. 11Y MES,ONE ULVO ron. IE BLYO - - e r p A22 18AB1E AYE AYE �A I its 1M41L. a¢s a¢f. env Mdf M31 i PM CM A%C:. PDF CONE A LEGEND 1 F�d701Ef�OwIN�01MRV ws10 was 1 Mab .. .. 1 . STANDARD ARTERIAL ROM ,S GRANr AVE AW1r AVE 18 I COLLECTOR/MODIFIED COLLECTOR 0 1 i LOCAL Nam Bi111B low 1 ItE MGM [ROAD ORDINANCE NO. 813 AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE TOWN OF FIRESTONE, COLORADO; ADOPTING BY REFERENCE THE 2010 EDITION OF THE "MODEL TRAFFIC CODE"; PROVIDING FOR CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS TO SUCH CODE; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, pursuant to section 42-4-110(1)(b), C.R.S., municipalities may, in the manner prescribed by article 16 of title 31, C.R.S., adopt by reference all or any part of a model municipal traffic code that embodies the rules of the road and vehicle requirements as set out in the state traffic laws; and WHEREAS, the Colorado Department of Transportation has prepared and adopted a 2010 revised edition of the Model Traffic Code for Colorado; and WHEREAS, the Town desires to adopt the 2010 revised edition of the Model Traffic Code for Colorado, with amendments, and has provided notice of the adoption of such Cade by reference in the manner required by state law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 10.04.020 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: See.10.04.020. Model Traffic Code — Adopted — Copy on file. Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S., there is hereby adopted by reference Parts 1 through 19 and Appendix I, Definitions, of the 2010 edition of the Model Traffic Code for Colorado. promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, CO 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town. The purpose of this ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Town Clerk of Firestone, Colorado, and may be inspected during regular business hours. 1 Section 2. Section 10.04.050 of the Firestone Municipal Code is hereby repealed and reenacted, to provide for the following additions, amendments or deletions to the Model Traffic Code adopted by this ordinance, to read as follows: . Sec. 10.04.050. Additions or modifications. The following additions, amendments or deletions are made to the Model Traffic Code for Colorado, 2010 Edition: A. Section 106, Who may restrict right to use highways, is amended by the addition of a new subsection (4) to read as follows: (4) When official signs are posted giving notice thereof, no person shall operate'a truck or other commercial vehicle with a gross weight in excess of 10,000 pounds at any time upon any municipal street within the Town except for Grant Avenue... B. Section 223, Brakes, is amended to replace all references to "section 235(1)(a)" with"C.R.S. § 42-4-235(1)(a)." C. Section 225; Mufflers —.prevention of noise, is amended to replace all references to "section 235(1)(a)" with "C.R.S. § 42-4-235(1)(a)," and subsection (3) is amended to read as follows: (3) Any person who violates this section commits. a traffic infraction. D. Section 228, Restrictions on tire equipment, is amended to replace all references to "section 235(1)(a)"with "C.R.S. § 42-4-235(1)(a)." E. Section 229, Safety glazing material on .motor vehicles, is amended to replace all references to "section 219" with "C.R.S. § 42-12-301." F. Section 236, Child restraint system required — definitions — exemptions, is amended to replace the reference to "Code 6" with "Article 6." G. Section 237, Safety belt systems — mandatory use - exemptions — penalty, is amended to replace the reference to "section 235(1)(4)" with ".C.R.S..: . § 42. 4-235(1)(a)." H. Section 509, Vehicles weighed excess removed, is amended to replace the reference to "section 102(32)" with."C.R.S. § 42-1-102(32), C.R.S." 2 I. Section 613, Failure to pay toll established by regional. transportation district, is amended to replace the reference_. to "Code 4" with "Article 4. T. Section 614, Designation of highway maintenance, repair, or construction zones -signs -increase in penalties for speeding violations, is amended by the deletion of "speeding" from 'the title of said section, and subsection (1) is amended to read as follows:. (1)(a) If maintenance, repair or- construction activities are occurring or will occur within four hours on a portion of a state highway, the department of transportation may designate such portion of the highway as a highway maintenance, repair, or construction zone. Any person who commits traffic violations in a maintenance, repair, or construction zone that is designated pursuant to. this section 'is subject to increased penalties and surcharges. (b) If maintenance, repair or construction activities are occurring or will occur within four hours on a portion of a roadway that is not a state highway, the public entity conducting the activities may designate such portion of the roadway as a maintenance, repair,, or construction zone. Any person who commits traffic violations in a maintenance, repair, or construction zone that is designated pursuant to this section is subject to increased penalties and surcharges. K. Section 1012, High' occupancy vehicle (HOV) and high occupancy toll (HOT) lanes, is amended to replace the reference to "section 1701(4)(a)(I)(K)" with "C.R.S. § 42-4-1701(4)(a)(I)(K). L. Section 1101, Speed limits, subsection (4) and subsection (7) are deleted, and subsection (2) is amended to read as follows: (2) Where speed limits are posted by an official traffic control device, it shall be unlawful for any person to drive any vehicle in excess of the posted speed limits. Where speed limits are not posted, and .where no special hazard exists, the following speeds shall be lawful: (a) Twenty-five (25) miles per hour in any residence district, as defined in Section 42-1-102(80), C.R.S.; (b) Thirty (30) miles per hour in any, business district, as defined in Section 42-1-102(l l); C.R.S.; and . 3 (c) Fifteen (15) miles per hour in alleys. M. Section 1204, Stopping, standing, or parking prohibited in specific places, is amended by the addition of a new subsection (1)(1) to read as follows: (1)(1) Adjacent to any municipal park unless the occupants of the parked vehicle are using the park or park facilities. N. Section 1212, Trailer, trailer coach, utility trailer, school bus, motor home or mobile home parking, is added to read as follows: Section 1212, Trailer, trailer coach, utility trailer, bus, motor home or mobile home parking. (1) Except as provided in subsection (2) of this section, no trailer, trailer coach, utility trailer, bus or motor home, as defined in this Model Traffic Code, and no mobile home, as defined in Title. 17 of the Firestone Municipal Code, shall be . parked, attached or detached, on any public right-of-way within the Town: (2) A motor home or trailer coach may be parked within a residential area for a period of time not. to exceed forty- eight hours within any seven-day period provided the home or coach is being parked for the purpose of loading or unloading during such period, and not for storage. (3) Whenever a motor home or trailer coach is parked as permitted under subsection (2) of. this section, the owner thereof shall post or place a conspicuous :notice on the home or coach to advise third parties of the approximate time when the home or coach will be moved. .. O.. Section 1208, Parking privileges for persons with disabilities — applicability, is amended to replace all. references to "section 204(2)" with "C.R.S. § 42-3-204(2); all references to "section 204(1)" with "C.R.S. § 42-3- 204(1);" all references to "section 204(1)(b)" are modified to read "C.R.S. § 42-3- 204(1)(b);" all references .to "section 204" with "C.R.S. § 42-3-204;" and all references to "section 102(17)" with "C.R.S. § 42-1-102(17)." P. Section 1213, Bus, camper coach, trailer coach, mobile home, motor home and recreational vehicle restrictions, is added to read as follows: 4 Section 1213. Sus, camper coach, trailer coach, mobile home, motor home and recreational vehicle restrictions. No bus, camper coach,. trailer coach, mobile home, motor home or recreational vehicle shall be used for living, sleeping or residing on any street or public right-of-way .within the Town. Q. Section 1214, Parking not to obstruct traffic or maintenance, is added to read as follows: Section 1214. Parking not to obstruct traffic or maintenance. No person shall park any vehicle upon a street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance. R. Section 1401, "Reckless driving penalty," is amended to replace the reference to "section 127" with "C.R.S. 42-2-127." S. Section 1409, Compulsory insurance -penalty -legislative intent, subsection (6). is amended to read as follows:.: (6) No person charged with violating subsection (1); (2) or (3) of this section shall be convicted if the person produces to the courta bona fide complying . policy or certificate of self- :. insurance that was in full force and effect as required by law at the time of the alleged violation. T. Section 1412, Operation of bicycles and other human powered vehicles, is amended to replace all references to "section 1 I I" with "C.R.S. § 42- 4-111;" the reference to "Code 10" with "Article 10;" and all references to "section127" with "C.R.S § 42-2-127." U. Section 1709, Penalty assessment notice for traffic offenses — violations of provisions by officer. — driver's license, is amended to read as follows: Section 1709. Penalty assessment notice for traffic offenses - refusal. Whenever the defendant refuses to accept service of the penalty assessment notice, tender of such notice by the peace officer to the defendant shall constitute service thereof upon the defendant. V. Section 1805, Appraisal of abandoned motor vehicles — sale, is amended to replace the reference to "Part 1 of Code 6 of this .Title" with "Part 1 5 of Article 6 of Title 42, C.R.S.;" and the reference to "Code 6 of Title 12, C.R.S." is amended to. read "Article 6 of Title 12, C.R.S." W. Section 1717, Conviction — attendance. at driver improvement school, is amended to read as follows: Section 1717. Conviction attendance at driver improvement school. (1) Whenever a person has been convicted of violating any provision of this Article, which regulates the operation of vehicles on highways, the municipal court; in addition to the penalty provided for the violation or as a condition of probation, a deferred sentence, or the suspension of all or any portion of any fine or sentence of imprisonment for a violation, may require the defendant, at the defendant's own expense, if any, to attend and satisfactorily complete a course . of instruction at any designated driver improvement school providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and, instruction in traffic accident prevention. Such school shall' be approved by the court. (2) Whenever a minor under eighteen years of age has been convicted of violating any provision of this Article; which regulates the operation of vehicles on highways, the municipal. court may require the minor to attend and satisfactorily complete a course of instruction at any designated driver improvement school providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. The court may impose the driver improvement school requirement in addition to the penalty provided for the violation or as a condition of probation, a deferred sentence, or the suspension of all or any portion of any fine or sentence of imprisonment for the violation. The minor, or the minor's. parent or parents.who appear in court with the minor in accordance with section 1716(4) of this Code, shall pay the cost of attending the designated driver improvement school. Such school shall be approved by the court. X. All provisions containing enumerated penalties for violations are deleted. Y. All provisions containing surcharges or fees not due the Town are deleted. 6 Z. There shall be no division into classes of traffic infractions, traffic offenses. or misdemeanor traffic offenses. Any reference to a "class A" or "class B" traffic infraction is deleted and replaced by "traffic infraction." Any reference to a "class 1" or "class 2" traffic offense or misdemeanor traffic offense is deleted and replaced by "traffic offense." AA. The following sections of.the Model Traffic. Code for Colorado, 2010 Edition, are specifically not adopted as part of the adoption of said Code: Section 227(3)(b); Section 229(1); Section 601; Section 1409(9); Section 1701; Section 1702; Section 1710, Subsections (2), (3) and (4); Section 1901; Section 1903, Subsections (6) and (7); and Section 1904. Section 3. Any person who violates any provision of this ordinance or the Model Traffic Code adopted herein shall be subject to punishment as set forth in Section 10.04.20.0 of the Firestone Municipal Code. 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 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. 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 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. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED: PUBLISHED IN . FULL THIS G1^` day of 4it� , 2013. ��FtESTp�� TOWN,OF FIRESTONE, COLORADO !fr TOWN AT r E sT o ti SEAL a Chad Auer, Mayor �o UoecccL ToberK\c^, To ti ..G�� 7 s A� V -. 3911890 Pages: 1 of 3 02/22/2013 09:18 AM R Fee:$21.00 Steve Moreno, Clerk and Recorder, Weld County. Co Olii 4��1" dd,Not P411r,14 i I'i 0 1"1 it II i ORDINANCE NO.814 AN ORDINANCE APPROVING A REZONING FROM C-1 COMMERCIAL TO C-2 COMMERCIAL DISTRICT WITH A PUD OVERLAY DISTRICT AND APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR CAMARO DAVE'S CUSTOM CAR RESTORATION SHOP AT 178 FIRST STREET WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a rezoning from C-1 Commercial District to C-2 Commercial District with a PUD overlay district to limit uses to those permitted in the C-1 zone district and custom car restoration for the property located at Lots 15, 16, 17, 18, 19 and 20, Block 22, as shown on the Replat of the 1907 PIat of the Town of Firestone, recorded at Reception No. 1635587 in the offices of the Weld County Clerk and Recorder, said parcel also being known as 178 First Street, being a part of the Northwest Quarter of Section 30, Township 2 North, Range 67 West of the 6th PM, Town of Firestone, Weld County, Colorado; and WHEREAS, there has also been submitted to the Board of Trustees in connection with such rezoning a request for approval of an outline development plan (ODP) for the property; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Planning and Zoning Commission recommended approval, of the proposed rezoning and ODP and the Board of Trustees has duly considered the Commission's recommendation; and WHEREAS, after a duly -noticed public hearing, at which evidence and testimony were entered into the record, the Board of Trustees finds that the proposed rezoning and ODP should be approved subject to certain conditions; and WHEREAS, no protests were received pursuant to C.R.S. § 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Based upon the evidence and testimony entered into the record at the public hearing, the Board of Trustees finds the following criteria have been met: A. Granting the rezoning request is in the public interest; B. The public interest is best served by granting the application for rezoning, and further that such public interest is best served by granting the application at the time of the hearing; C. The proposed rezoning fully accords with the applicable goals and policies of the master plan or other applicable goals of the Board of Trustees; and D. The factors listed in C.R.S. § 31-23-303 were consciously considered. These factors include: to lessen congestion in the streets; to secure safety from fire, panic, floodwaters and other L w. " 3911890 Pages: 2 of 3 02/22/2013 09:18 AM R Fee:$21:00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111W.071HAVIR19#140 � f'i�l�fi'a�lira�Y��r�� 111 dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. Other factors include reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Town. Section 2. In accordance with the foregoing findings, the Board of Trustees hereby approves. the rezoning from C-1 Commercial District to C-2 Commercial District with a PUD overlay district to limit uses to those permitted in the C-1 zone district and custom car restoration for the property located at Lots 15, 16, 17, 18, 19 and 20, Block 22, as shown on the Replat of the 1907 Plat of the Town of Firestone, recorded at Reception No. 1635587 in the offices of the Weld County Clerk and Recorder, said parcel also being known as 178 First Street, being a part of the Northwest Quarter of Section 30, Township 2 North, Range 67 West of the 6th PM, Town of Firestone, Weld County, Colorado, subject to and in accordance with Outline Development Plan approved by the Board of Trustees, as noted below. The Town zoning map shall be amended accordingly. Section 3. The Board of Trustees hereby approves the Outline Development Plan (ODP) for the property, subject to the conditions set forth in Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 0i"'� day of Sc, nk a c � , 2013. ATTEST: ��R�sroH � ff TOWN . SEAL o Ot � o�;tirY,.�o 0 &L�� Rebecca Toberman, Town Clerk 2 Chad Auer, Mayor 3911890 Pages: 3 of 3 02/22/2013 09:18 AM R Fee:$21.00 Steve Moreno, Clerk and Recorder, Weld County, CO. mill FAV11 i 4AVA 1111.,11"AWjNIVY U1111411111 EXHIBIT A Camaro Dave's ODP Conditions of Approval 1. Uses shall be restricted to the C-1 uses and custom car restoration, when conducted inside a building. 2. Provide a submittal to the St. Vrain Sanitation District to confirm that the proposed use can be serviced from the existing sewer service to the building. 3. Outdoor storage of vehicles is permitted. 4. Revise the ODP in accordance with comments from the Town Planner, Engineer, and Attorney. 5. The use restrictions and performances standards set forth in the above conditions shall be expressly set forth in the ODP and in any approved preliminary and final development plans. 9 3924151 Pages:-1 of 2 04/12/2013 W 13 AM R Fee:$16.00 SAve Moreno, Clerk and ReoorderWeld County, CO Kill RIFORIFI.A11;k N «'TrR1;+1'11'A lk'A 11111 ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE NEW VISION ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the New Vision 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 January 23, 2012 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published December 24 and 31, 2012, and January 7 and 14, 2013 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(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 I. 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 New Vision 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 23`d day of January, 2013. STO1 TOWN • o ATTEST:_• I T c°V1Vrir, �0 Rebecca Toberman, Town Clerk TOWN OF FIRE TONE, COLORADO CD . Chad; Auer, Mayo 3924151 _ Pages - 2 of 2 1 04/12/2013 08119 AM R Fee:$16.00 Steve Mareno, Clerk !ld Recorder, We'd County' Co III �!dI�11i1l,e,�►�,h, u EXHIBIT A - LEGAL DESCRIPTION NEW VISION ANNEXATION LOT'A', RECORDED EXEMPTION NO. 1313-11-3RE1717, RECORDED JULY 19, 1995 AT BOOK 1502, RECEPTION NO.2447218, LOCATED IN THE WEST 112 OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT THAT PORTION OF SAID LOT'A' CONVEYED TO THE STATE OF COLORADO. DEPARTMENT OF TRANSPORTATION JANUARY 18, 2001 BY DEED RECORDED AT RECEPTION NUMBER 2819770, COUNTY OF WELD, STATE OF COLORADO. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 304,593.13 SQUARE FEET OR 6.99 ACRES, MORE OR LESS. '3924154 Pages: 1 of 4 04/12/2013 08:19 AM R Fee:$26,00 Steve'Moreno, Clerk and Recorder; Weld County, Co mill Mal r4111,111MI iMN, W, ORDINANCE NO. 816 AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE NEW VISION ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the New Vision 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 New Vision 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 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 New Vision 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 I. That certain propertyknown as the New Vision 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) land uses, pursuant to the zoning ordinances of the Town and subject to and in accordance with the New Vision Annexation Outline Development Plan approved with conditions by the Board of 1 3924154 Pages: 2 of 4 04/12/2013 08:19 AM R Fee:$26.00 Steve Moreno: Clerk and Recorder, Weld County, CC I k Bill W11F.,N1 1upi"101i 4G' �'hKAIOff MA, K"'), 11111 1 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 New Vision 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 23`d day of January, 2013. TOWN OF FIRESTONE, COLORADO S T�N� TOWN S S�� � Chad Auer, M 4 ATTEST: C'p..... • f�0� NTY,��� � T Rebecca Toberman, Town Clerk 1/17/2011 5:14 PM [kmkl &Tires1ane%AnnexatianWew VisionWew Vision Zoning ODP.ord.doc 2 3924154 Pages: 3 of 4 } 04/12/2013 08:19 AM R Fee:$26.00 I Steve Moreno, Clerk and Recorder; Weld County, CO will �fd '�Pj�j�I�P�ItP� ��'tiP`� f',� I� 4� l d iN���' ����� f I III EXHIBIT A - LEGAL DESCRIPTION NEW VISION ANNEXATION LOT'A', RECORDED EXEMPTION NO. 1313-11-3RE1717, RECORDED JULY 19, 1995 AT BOOK 1502, RECEPTION NO.2447218, LOCATED IN THE WEST 1/2 OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT THAT PORTION OF SAID LOT 'A' CONVEYED TO THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION JANUARY 18, 2001 BY DEED RECORDED AT RECEPTION NUMBER 2819770, COUNTY OF WELD, STATE OF COLORADO. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 304,593.13 SQUARE FEET OR 6.99 ACRES, MORE OR LESS. 3 3924154 Pages: 4 of 4 04/12/2013 08:19 AM R Fee:$26.00 Sieve Morino, Clerk and Recorder; Weld County, CO 1111 WJW1l11,6,47 AUU75ANIMK1L kiki 11111 I EXHIBIT B New Vision Annexation Conditions of Approval Initial Zoning and ODP 1. Revise ODP to address comments from the -Town Engineer. 2. Execute an annexation agreement, in a form approved by the Board of Trustees. 3. In the ODP text, remove all references to the OFDP. 4. Revise the Building Height section of the ODP to specify that building heights for any redevelopment or new development shall comply with building. heights set forth in the Town's development regulations in effect at the time of such redevelopment or new development. 5. In the Sign Program section, delete "unless otherwise approved in writing by the Town Planner" from the second paragraph. ; 4 '13968479 Pages: 1 of 3 10/04/2,013 09:38 AM R Fee:$21.00 Steve Mor0no, Clerk and Recorder, Weld County, CO - - - - - - - ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE CAMBRIA CROSSING ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Cambria Crossing 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 January 23, 2012 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published December 24 and 31, 2012, and January 7 and 14, 2013 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(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 Cambria Crossing 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 23rd day of January, 2013. r,�ESTO r TOwN ATTEST: ss SEAL� r- O ti CI��NiY G `O M.M V Rebecca Toberman, Town Clerk ilM013 115 PM [kmk] S:Tirestune�AmwdonlCambialCambria Crossing Ord (2012).doc TOWN OF FIRESTONE, COLORADO J WJ I NJ "M Auer, Mayor 3968479 T - Pages: 2 of 3 10/04/2013 09:38 AM R Fee:$21.00 Steve M2reno, Clerk and Recorder, Weld County, CO mill RIr 11pgrsYI" 10611A1���:ilko p1mg1lutIi�rY�h �I111 EXHIBIT A -. LEGAL DESCRIPTION CAMBRIA CROSSING ANNEXATION ANNEXATION LEGAL DESCRIPTION - CAMBRIA CROSSING A PARCEL OF LAND SITUATED IN SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR NORTH 00027'00" WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION; THENCE SOUTH 89°58'03" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BIRCH STREET (W.C.R. 11), ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 00"27'00" WEST, A DISTANCE OF 2616.30 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED BY DEED RECORDED MARCH 23, 2000 AT RECEPTION NO. 2757371 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE CONTINUING NORTH 00"27'00" WEST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 11.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; f THENCE NORTH 89031'31" EAST, ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 634.04 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, .ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24); THENCE NORTH 89031'31" EAST, ALONG SA1D SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24), A DISTANCE OF 3396.74 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12; THENCE ALONG SAID EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12, SOUTH 00-07-18" EAST, A DISTANCE OF 2663.46 FEET; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 12, SOUTH 00007'10" EAST, A DISTANCE OF 1345.97 FEET; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 89044'46" WEST, A DISTANCE OF 1328:01 FEET; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 00000'54" EAST, A DISTANCE OF 1340.88 FEET, THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, 3968479 Pages: 3 of 3 10/04/2013 09:38 AM R Fee:$21.00 Steve Moreno; Clerk andRecorder, Weld County, CO mill iPAMIUrN1111�jm'iln"614ikW 11111 NORTH 89058'03" WEST, A DISTANCE OF 2690.83 FEET TO THE POINT OF BEGINNING; CONTAINING 12,425,711 SQUARE FEET OR 285.2550 ACRES, MORE OR LESS. 3968482 Pages: 1 of 5 10/,04/2013 09:38 AM R Fee: $31,00 Stele Moreno, Clerk and Recorder, Weld County, CO mill INFIAN'A&l011PU it f' ,11"U1010, 411A 11111 ORDINANCE NO. $1 f AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE CAMBRIA CROSSING ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the Cambria Crossing 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 Cambria Crossing 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 Regional Commercial (PUD RC), Neighborhood Commercial (PUD NC), Residential A (PUD R-A), Residential B (PUD R-B), and Residential C (PUD R-C) 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 New Vision 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 Cambria Crossing 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), 3968482 Pages: 2 of 5 10/04/2013 09:38 AM R Fee:$31.00 I Steve Moreno, Clerk and Recorder, Weld County., CO I mill 14 MON1110111 , I XU N NI �dr ivW II II Neighborhood Commercial (PUD NC), Residential A (PUD R A), Residential B (PUD. R-B), and Residential C (PUD R-C) land uses as shown on the Outline Development Plan, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Cambria Crossing 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 Cambria Crossing, . 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 23`d day of January, 2013. ATTEST: R�S70N� f'' TOWN SEAL 10 oUN..�oo A L I I -.t- � �10 A Jk--A , Rebecca Toberman, 7fJwn Clerk TOWN OF FIRESTONE, COLORADO c u Chad Auer, Mayor 1/19/2013 1:32 PM (kmkl 51Fireslone�Annexation\CambriaVCambria Crossing Zoning Ord (2012).dce 0) 3968482 pages: 3 of 5 10/04/2013 09:38 AM R Fee:$31.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill kleldpr%'1I01'AC WAVImr UREI4W 11111 EXHIBIT A - LEGAL DESCRIPTION CAMBRIA CROSSING ZONING AND OUTLINE DEVELOPMENT PLAN LEGAL DESCRIPTION - CAMBRIA CROSSI THREE (3) PARCELS OF LAND SITUATED IN SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY -OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A ANNEXATION PARCEL COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR NORTH 00027'00" WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION; THENCE SOUTH 89°58'03" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BIRCH STREET (W.C.R. 11), ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 00-27-00" WEST, A DISTANCE OF 2616.30 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED BY DEED RECORDED MARCH 23, 2000 AT RECEPTION NO. 2757371 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE CONTINUING NORTH 00°27'00" WEST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 11.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89031'31" EAST, ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 634.04 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24); THENCE NORTH 89031'31" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24), A DISTANCE OF 3396.74 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12;. THENCE ALONG SAID EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12, SOUTH 00-07-18" EAST, A DISTANCE OF 2663.46 FEET; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 12, SOUTH 00007'10" EAST, A DISTANCE OF 1345.97 FEET; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 89°44'46" WEST, A DISTANCE OF 1328.01 FEET; 3 3968482 Pages: 4 of 5 10/04/2013 09:38 AM R Fee:$31.00 Steve Moreno, Clerk and Recorder, Weld County, CO r �J THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 00000'54" EAST, A DISTANCE OF 1340.88 FEET; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, NORTH 89058'03" WEST, A DISTANCE OF 2690.83 FEET TO THE POINT OF BEGINNING; . CONTAINING 12,425,711 SQUARE FEET OR 285.2550 ACRES, MORE OR LESS. AND FUTTV0.199wo. OUTLOT D OF BOOTH FARMS, SECOND FILING RECORDED ON DECEMBER 17, 2001 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO.2909675 CONTAINING 174,660 SQUARE FEET OR 4.0096 ACRES, MORE OR LESS. AND PARCEL C OUTLOT D1 OF THE 1ST REPLAT OF OUTLOTS A, H, I, J & N, BOOTH FARMS, SECOND FILING RECORDED ON OCTOBER 10, 2003 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO.3115812. CONTAINING 6,887 SQUARE FEET OR 0.1581 ACRES, MORE OR LESS. CONTAINING A COMBINED TOTAL NET AREA FOR PARCELS A, B, AND C OF 12,607,258 SQUARE FEET OR 289.4227 ACRES, MORE OR LESS. 4 3968482 Pages: 5 of 5 ! 10/64/2013 09:38 AM R Fee:$31.00 Steve Moreno, Clerk and Recorder, Weld County: CO mill NIJN UNI ANI MAI VAT Vill MA III I EXHIBIT B Cambria Crossing Annexation Conditions of Approval Zoning and ODP 1. Revise ODP to address comments from the Town Engineer, other than comments relating to accesses along Firestone Blvd. and Birch St. G J ORDINANCE NO. AN ORDINANCE AMENDING SECTION 16.04.060 OF THE FIRESTONE MUNICIPAL CODE CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES WHEREAS, the Board of Trustees previously adopted Section 16.04.060 of the Firestone Municipal Code to require land dedication or conveyance for public school sites or payments in lieu of land dedication or conveyance for public school sites (hereinafter referred to as "Fair Contributions for Public School Sites"), which section applied to development in the Town within the St. Vrain Valley School District RE- 1J; and WHEREAS, since the adoption of Section 16.04.060, the boundaries of the Town have expanded to include areas within the boundaries of the Weld County School District RE-1 ("Weld School District"); and WHEREAS, the growth. in residential land development and the construction of new residential dwellings in the Town necessitates the acquisition of additional school sites to accommodate the corresponding increase in school population; and WHEREAS, Fair Contributions for Public School Sites will provide a portion of the land to accommodate such demand; and WHEREAS, to provide adequate public school sites to serve the Town residents of newly constructed residential dwelling units, it is appropriate that the Weld School District and the Town cooperate in the area of acquisition of additional public school sites and/or the enlargement or the new construction of school facilities by the use of Fair Contributions for Public School Sites; and WHEREAS, it is a reasonable exercise of the power of local self-government to require Fair Contributions for Public School Sites as a method of ensuring that new residential construction and residential development bear a proportionate share of the cost of such acquisition, enlargement and/or construction of additional public school sites necessary to accommodate the education service capacity demands of the residents who will be living in the new dwelling units; and WHEREAS, the Board of Trustees and the Weld School District agree that it is in the best interest of the citizens of the Town to mutually enter into a cooperative agreement to adequately provide for Fair. Contributions for Public School Sites; and WHEREAS, the Town and the Weld School District . entered into an Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, effective as of October 24, 2012 (the "IGA"); and WHEREAS, the Board of Trustees desires to amend Section 16.04.060 of the Firestone Municipal Code to extend Fair Contributions for Public School Sites to developments in the Town within the Weld School District; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 16.04.060.A of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are sideken difeugh): 16.04.060 Fair Contribution for Public School Sites. A. For all subdivisions of land, the subdivider shall dedicate land for a public school site to the school district in which the property being subdivided is located St. Vraiff Seheel Distfiet RE 1.j ("School District"), or in the event the dedication of land is not deemed. feasible or in the best interest of the School District, as determined by the superintendent or designee of the School District, the subdivider shall make a payment in lieu of land dedication.. The amount of such contribution of either land or payment in lieu of land (the "fair contribution for public school sites") shall be determined pursuant to the tables set forth in subsections 16.04.060.E and F below. Section 2. Section 16.04.060.C.6 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined): 6. In addition to the lands dedicated or conveyed, the subdivider shall provide to the School District an option to purchase abutting lands identified as a school site at their fair market value so that the dedicated or conveyed and purchased lands together form a contiguous parcel which meets the School District's land area requirements set forth in subsections 16.04.060.E and F. Section 3. Section 16.04.060.E of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfieken thfogl}): E. Effeetive Nevembef 1, 20(" The following Tables E.1 through E.5, containing school planning standards and calculations of in lieu fees, shall be used to determine the fair contribution for public school sites to the St. Vrain Valley School District RE-IJ required for the various occupancies addressed in such tables: [remainder of section to remain the same] Section 4. Section 16.04.060 of the Firestone Municipal Code is hereby amended by the addition of a new subsection F to read as follows: F. The following table, containing school planning standards and calculations of in lieu fees, shall be used to determine the fair contribution for 2 public school sites to the Weld County School District RE-1 required for the various occupancies addressed in such table: Yield Site Current Acres of Acres of Developed Cash in Requirement Capacity Land Per Land Per Land Value Lieu Per Acres Requirement Student Unit Per Acre Unit SINGLE FAMILY Elementary 0.400 12 485 0.02474 0,00990 $30,000.00 $297.00 P-5 Middle '0.200 25 320 0.07813 0.01563 $30,000.00 $468,90 School 6-8 High School 0.200 50 1040 0.04808 0.00962 $30,000.00 $288.60 9-12 Total 0.800 87 0.15094 0.03514 $1,054.20 District MULTI- FAMILY UNIT Elementary 0.100 12 485 0.02474 0.00247 $30,000.00 $74.10 P-5 Middle 0.060 25 320 0.07813 0.00469 $30,000.00 $140.70 School 6-8 High School 0.040 50 1040 0.04806 0.00192 $30,000.00 $56.60 9-12 Total 0.200 87 0.00908 � $272.40 District I I I Section 5. 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 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 7. 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. 3 INTRO UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisa3 rtay of 013 ONF 10 �t SEAL jo 's Q ATTEST: �OU�TY, GOB Rebecca Toberman, Town Clerk 4 TOWN OF FIRESTONE, COLORADO c Chad Auer, Mayor ORDINANCE NO. $rl,\ AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING A VESTED RIGHTS AGREEMENT WITH 610 SOUTH MAIN, LLC FOR THE CAMBRIA CROSSING 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. Cambria Crossing Annexation ("Vesting Agreement") with 610 South Main, LLC ("Owner") for property commonly referred to as the Cambria Crossing 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 I 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 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 day of fL%uej,, 2413. TOWN OF FIRESTONE �jEST & �r TOWN Chad Auer. l 0 Mayor n =L . SEAL S Attest: �VNTY,• GO T 1 Rebecca Toberman Town Clerk 2: **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 (CAMBRIA CROSSING ANNEXATION) THIS DEVELOPMENT AGREEMENT PERTAINING TO VESTED PROPERTY RIGHTS (this "Vesting Agreement") is made and entered into as of the day of , 201_, 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 610 SOUTH MAIN, LLC, a Delaware 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 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 Cambria Crossing 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 may be amended from time to time: (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. (DO822999. t E. C.R.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. 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 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 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(l)(a) & (b) of the Vested Property Rights Statute or as permitted pursuant to this Vesting Agreement or pursuant to the provisions of any of the constituent elements of the Approved Plans. 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 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 { DO822999. ] } 12 vesting periods set forth below except as may be specifically provided pursuant to the provisions of such constituent element(s) of the Approved Plans. 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 Town 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 15 years; (b) The initial 15 year vesting period will automatically be extended for an additional 10 years (to a total of 25 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 15 year period, which grant shall not be unreasonably withheld, conditioned or delayed; and (ii) there has been issued prior to expiration of the initial 15 year period certificates of occupancy for, in the aggregate with any previously issued certificates of occupancy, the 25'0001h building square foot of commercial space within the Property and the 501h residential unit within the Property; and (c) 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 { D0822999.1) 3 automatically be extended for an additional 20 years (to a total of 45 years) if there has been issued prior to expiration of the 25 year period certificates of occupancy for, in the aggregate with any previously issued certificates of occupancy, the 50,0001h building square foot of commercial space within the Property and the 100th residential unit within the Property. 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 Parry, 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. (p0822999.1) 4 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 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 defaultby a Party, the non -defaulting Party will give the defaulting Parry 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-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, inthe .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 {Doszz999.1 } 5 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. ARTICLE 4 MISCELLANEOUS 4.1 Amendment of Vesting Agreement. 4.1.1 Written Amendment Required. This Vesting Agreement 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. Any such amendment to this Vesting Agreement may be entered into by Town and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the Property.. 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 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. 4.3 No Third -Party 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. 4.4 Applicable Law. This Vesting Agreement will be interpreted and enforced according to the laws of the State of Colorado. 4.5 Entire Agreement. 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)(C)(II)(A). (DOM999.1) 6 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 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, Kelly & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, CO 80202 610 South Main LLC Attn: Everett Pfeiff 6530 Daylilly Court Niwot, CO 90503 Ms. Shayne M. Madsen JacksonKelly PLLC 1099 181h Street, Suite 2150 Denver, CO 80202 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] {p0822999.1 } 7 IN WITNESS WHEREOF, the Parties have executed this Vesting_ Agreement as of the day and year first written above. TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado Chad Auer, Mayor (SEAL) ATTEST: Rebecca Toberman, Town Clerk STATE OF ss COUNTY OF ) 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 , 201_. Witness my hand and official seal. My commission expires on: (SEAL) (D0822999:1) 8 OWNER: 610 SOUTH MAIN, LLC, a Delaware limited liability company By: Name: Isaac Moradi Title: Manager STATE OF COLORADO ) ss. COUNTY OF ) The above and foregoing signature of Isaac Moradi, as Manager of 610 South Main, LLC; a Delaware limited liability company, was subscribed and sworn to before me this day of , 201_. Witness my hand and official seal. Notary Public My commission expires: (D0822999, I) 9 EXHIBIT A ODP LEGAL DESCRIPTION - CAMBRIA CROSSING THREE (3) PARCELS OF LAND SITUATED IN SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A (ANNEXATION PARCEL) COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR NORTH 00"27'00" WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION; THENCE SOUTH 89058'03" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 30,00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BIRCH STREET (W.C.R. 11), ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 00°27'00" WEST, A DISTANCE OF 2616.30 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED BY DEED RECORDED MARCH 23, 2000 AT RECEPTION NO.2757371 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE CONTINUING NORTH 00027'00" WEST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 11.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89"31'31" EAST, ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 634.04 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24); THENCE NORTH 89031'31" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24), A DISTANCE OF 3396.74 FEET TO THE EAST LINE OF THE WEST HALF' OF THE NORTHEAST QUARTER OF SECTION 12; THENCE ALONG SAID EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12, SOUTH 00-07-18" EAST, A DISTANCE OF 2663.46 FEET; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 12, SOUTH 00-07-10" EAST, A DISTANCE OF 1345.97 FEET; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 89°44'46" WEST, A DISTANCE OF 1328.01 FEET; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 00000'54" EAST, A DISTANCE OF 1340.88 FEET; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, NORTH 89058'03" WEST, A DISTANCE OF 2690.83 FEET TO THE POINT OF BEGINNING; CONTAINING 12,425,711 SQUARE FEET OR 285.2550 ACRES, MORE OR LESS. AND PARCEL B OUT,LOT D OF BOOTH FARMS, SECOND FILING RECORDED ON DECEMBER 17, 2001 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 2909675 CONTAINING 174,660 SQUARE FEET OR 4.0096 ACRES, MORE OR LESS. s►1 (D0R2299M) A-1 PARCEL C OUTLOT D1 OF THE 1ST REPLAT OF OUTLOTS A, H, I, J & N BOOTH FARMS, SECOND FILING RECORDED ON OCTOBER 10, 2003 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO, 3115812. CONTAINING 6,887 SQUARE FEET OR 0.1581 ACRES, MORE OR LESS. CONTAINING A COMBINED TOTAL NET AREA FOR PARCELS A, B, AND C OF 12,607;258 SQUARE FEET OR 289.4227 ACRES, MORE OR LESS. { D0822999.1 } A-2 ORDINANCE NO. 821 AN ORDINANCE AMENDING CHAPTER 5.08 OF THE FIRESTONE MUNICIPAL CODE CONCERNING SPECIAL EVENTS PERMITS AND TASTING PERMITS WHEREAS, C.R.S. § 12-48-107(5) authorizes local licensing authorities to elect to issue special events permits without obtaining the approval of the State Licensing Authority, and C.R.S. § 12-48-107(2) authorizes local licensing authorities to establish a fee of up to $100.00 for the investigation and issuance of a special events permit; and WHEREAS, the Board of Trustees desires to amend Chapter 5.08 of the Firestone Municipal Code to authorize the Firestone Local Licensing Authority (the "Authority") to elect, by resolution, to issue special events permits without obtaining the approval of the State Licensing Authority and to establish a special events permit application fee of $25.00; . WHEREAS, the Board of Trustees previously authorized the Secretary of the Authority to. administratively approve renewal applications for liquor licenses pursuant to Section 5.08.120 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees desires to clarify that the Secretary of the Authority is also allowed to administratively approve renewal applications:for tastings permits; . NOW, THEREFORE, BE. IT"ORDAINED BY THE BOARD OF TRUSTEES OF. THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 5.08 of the Firestone Municipal Code is hereby 'amended by the addition of a new Section 5.08.150 to read as follows: 5.08.150 Special events permits. The Local Licensing Authority may issue special events permits for the sale, by drink only, of fermented malt beverages or malt, spirituous, or vinous liquors to organizations qualifying under C.R.S. § 12-48-101, et seq. The Local Licensing Authority may, by resolution, elect to issue special events permits without notifying the State Licensing Authority to obtain its approval or disapproval of applications for special events permits, which such resolution may be repealed or amended from time to time. Section 2. Section 5.08.090 of the Firestone Municipal Code is hereby amended by the addition of a new subsection I to read as follows: 5.08.090 Fees — Application and registration fees. The following. license application and registration fees shall be paid to the Town for all liquor licenses: 1 1. Each application for a special events permit shall be accompanied by a special events permit fee in the amount of twenty-five dollars. Section 3. Section 5.08.120:A 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 *t,,.,,."."): 5.08.120 Administrative action on application for renewal;. temporary permit. A. The Secretary of the Local Licensing Authority is authorized on behalf of the Authority to approve an application for a liquor license or__tastings ep rmit renewal except where, upon reasonable investigation or evidence, the Secretary believes there may exist good cause for denial of such application pursuant to Section 12-47-103(9)(b), C.R.S., in which case the Secretary shall refer such application to the Local Licensing Authority, and a hearing thereon shall be held in accordance with Section 5.08.020 of this Chapter. 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. 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 13th day of March, 2013. TOWN OF FIRESTONE, COLORADO r7T STpN�WN USEAL.10 ATTEST: Larissa Medina, Town Clerk Pro-tem A::_2_ Chad Auer, Mayor ORDINANCE NO. t Z Z AN ORDINANCE OF THE TOWN OF FIRESTONE PROHIBITING THE ESTABLISHMENT OR OPERATION OF MARIJUANA ESTABLISHMENTS AND BUSINESSES THAT INVITE OR PERMIT PRIVATE ASSEMBLY FOR THE PURPOSE OF THE USE OR CONSUMPTION OF MARIJUANA OR MARIJUANA PRODUCTS WHEREAS, at the 2012 general election, the voters of Colorado approved Amendment 64, which was codified as Section 16 of Article XVIII of the Colorado Constitution, concerning the personal use and regulation of marijuana and which allows for the retail sale and cultivation of marijuana in the State of Colorado; and WHEREAS, Amendment 64 directs the Colorado Department of Revenue to issue by July 1, 2013, regulations for marijuana cultivation facilities, marijuana testing facilities, marijuana product manufacturing facilities, and marijuana retail stores (collectively, "marijuana establishments"); and WHEREAS, the State has formed the Amendment 64 Implementation Task Force, which recently issued its Task Force Report on the Implementation of Amendment 64, which provides recommendations to the State Legislature for legislative, regulatory and executive actions on issues, including but not limited to, local licensing of marijuana establishments, temporarily limiting marijuana establishment licenses to medical marijuana licensees, consumer safety standards, and operational requirements; and WHEREAS, the Board of Trustees anticipates that the State will enact extensive legislative and regulatory changes in the upcoming months that will clarify and address licensing and land use issues connected to the implementation of Amendment 64; and WHEREAS, although Amendment 64 permits the personal use of marijuana and marijuana products by persons twenty-one (21) years of age or older, Amendment 64 provides that nothing contained in said amendment shall permit consumption that is "conducted openly and publicly or in a manner that endangers others," but said terms are not well defined; and WHEREAS, the Colorado Clean Indoor. Air Act; C.R.S. § 25-14-201, et sew, prohibits the smoking of tobacco products or medical marijuana within most commercial buildings, but it is uncertain whether such prohibition applies to the recreational use or consumption of marijuana and possible amendments to the Colorado Clean Indoor Air Act have been recommended by the Amendment 64 Implementation Task Force; and WHEREAS, until some of these fundamental interpretations of State law are resolved or clarified, attempts by the Town to regulate marijuana establishments and the places where marijuana can be used or consumed are fraught with possible inherent conflicts that could raise doubts as to any regulatory scheme adopted by the Town; and WHEREAS, despite the adoption of Amendment 64, marijuana is still classified as a controlled substance under federal law, and has the potential for abuse that should be closely monitored to the extent possible; and WHEREAS, Article XVIII, § 16(5)(f j of the Colorado Constitution specifically authorizes . municipalities "to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through,the enactment of an ordinance;" and WHEREAS, C.R.S. § 31-15-501 authorizes the Town to regulate and license businesses operating within the Town and to prohibit within the limits of the. Town any offensive or unwholesome business or establishment; and WHEREAS, the Town finds that existing provisions. within the Town Code do not adequately address the potential impacts of marijuana establishments and businesses that permit or. invite private assembly for the purpose of the use or consumption of marijuana or marijuana products because the Town Code does not regulate such businesses, their locations within the Town's zoning districts, their location relative to schools and other areas frequented by minors, their hours of operation, or other matters necessary to ensure that such businesses are legitimately operating in a manner compliant with Amendment 64 and other applicable law;: and WHEREAS, for the forgoing reasons, the Board of Trustees fords and determines that a prohibition on the operation or establishment of marijuana establishments and businesses that permit or invite. private assembly for the purpose of the use or consumption of marijuana or marijuana products, which prohibition will be automatically repealed on December 31, 2014 unless further legislative action is taken, will allow Town Staff and the Board of Trustees the opportunity to study the issues and develop regulations and recommendations pertaining to such businesses or to prohibit such businesses; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Upon the effective date of this ordinance, it is unlawful for any person to establish, operate, cause to be established or operated, or permit to be established. or operated in the Town a marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, retail marijuana store, or any business that permits or invites private assembly for. the purpose of the use or consumption of marijuana or marijuana products. Section 2. Any. person who violates any provision of this ordinnance shall be punished. by fine or imprisonment as specified in C.R.S. § 13-10-113, as amended from time to time. Each act or omission in violation of one or more of the provisions of this ordinance shall be deemed a separate violation for each and every day that such act(s) or omissions(s) occur. Section 3. The establishment or operation of a marijuana cultivation facility, marijuana product manufacturing., facility, marijuana testing facility, retail marijuana store, or business that permits or invites private assembly for the purpose of the use or consumption of marijuana or marijuana products in violation of the terms of this ordinance may be enjoined by the Town in an action brought in a court of competent jurisdiction. 2 Section 4. During the period this ordinance remains in effect, Town Staff shall monitor the State's regulatory efforts and judicial interpretations of Amendment 64, research the applicable legal, land use and other issues connected to the regulation of marijuana establishments and businesses permitting or inviting private assembly for the purpose of the use or consumption of marijuana or marijuana products, and study, develop, review and evaluate appropriate regulations or recommendations pertaining to such businesses for presentation to and consideration by the Board of Trustees. Section 5. For purposes of this ordinance, "marijuana," "marijuana cultivation facility," "marijuana establishment," "marijuana product manufacturing facility," "marijuana product," "marijuana testing facility," and "retail marijuana store" shall have the meanings ascribed to them in Article XVIII, § 16(2) of the Colorado Constitution, and such definitions are hereby incorporated into this ordinance by reference. Section 6. This ordinance shall cease to have effect after December 31, 2014 and shall be automatically repealed at such time unless sooner repealed or further legislative action is taken to extend the effective date of this ordinance. Section 7. 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 8. 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 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 .24"k day of + , 2013. 7SEAL 1 TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor 3 '3968464 Pages: 1 of 4 --- -� 10/04/2013 08:59 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill 111FAfZ44104'M' a'�N��Li��I�L�I�?��f, �h Il111 ORDINANCE NO: AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE STREET MEDIA NO 1 ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS; a petition for annexation of certain unincorporated property, to be known as the Street Media No. 1 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 June 26, 2013 held a duly -noticed public hearing to consider.the proposed annexation; and WHEREAS, notice of the hearing was published May 14, 21 and 28, and June 4, 2013 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(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 Street. Media. No. 1 Annexation, is hereby approved and such. property is made a part of and annexed to the Town of Firestone, subject to those conditions set forth in Exhibit B attached hereto and incorporated herein by this reference. 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. 3968464 Pages: 2 of 4 10/04,12013 08: 9 AM ReFee'$26.0 County, CO Steve Moreno, mill 1 r�l 'lll ill �,*%, INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 261h day of June, 2013. FAR owrONF TOWN QF F RESTONE, COLORADO I �..� s SL'. ; 0 Chad Auer, Ma or ATTEST: Rebecca Tobennan, Town Clerk 00/2013 3:00 PM [lank] S:TireslonMrmexat m\Street Media I and AOrd I aloe 2 3968464 Pages: 3 of 4 10/04/2013 081e9 and Reooeder 2Weld County, CO Steve Moreno, �lll1 ��N4 h+�u1r�KS,vii,p'YJ1;1395M�l�,� EXHIBIT A - LEGAL DESCRIPTION Street Media No. 1 Annexation A description of STREET MEDIA ANNEXATION NO. 1 being tract of land located in the EI/2 of the NE1/4 of Section 10, T2N, R68W of the 6th P.M., in Weld_ County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION STREET MEDIA ANNEXATION NO. 1 A tract of land. located in the E1/2.of.the NEIA of Section 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the E1 A Corner. of said Section 10, from which the Northeast Corner of said Section 10 bears N00°28'41 "E, 2638.44 feet (Basis of Bearing), thence N89°46'06"W, 50.20 along the South Line of said NEIA of Section 10, to a point on the Westerly Right -of -Way Line of Colorado Interstate Highway I-25; thence N00°29'24"E, 10.00 feet along said Westerly Right - of -Way Line to. the. POINT OF BEGINNING; ... .. Thence continuing N00°29'24"E, 109.00 feet along said Westerly Right -Of -Way Line; Thence N89°46'06"W, 202.83 feet along a Line which is Parallel with said South Line of the NEIA of Section 10; Thence S00°28'41"W, 109.00 feet to a point on a Line which is 10.00 feet Northerly of and Parallel with said South Line of the NE1/4 of Section 10; Thence S89°46'06"E, 202.80 feet along said Parallel Line to the POINT OF BEGINNING. Area = 22,107 square feet (0.508 acres), more or less. 3: 3968464 Pages: 4 of 4 10/04/2013 08:59 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill r�L���1 �1�fi'l� h�1�w1�1�'�h�'i4in�44« �W 1111I EXHIBIT B — CONDITIONS OF APPROVAL Street Media No. I Annexation 1. Execute an Annexation Agreement as prepared by the Town Attorney. 2. Submit an updated Title Commitment, dated no later than one month prior to recording of final documents. 3. Address and modify all documents pursuant to all engineering comments from the Town Engineer. q. 3968466 Pages: 1 of 4 10/04/2013 08:59 AM R Fee:$26.00 Stpve,Morena, Clerk and Reoorder, Weld CountY- GC rill OEM Killr���iul �1111 - . ORDINANCE NO.� AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE STREET MEDIA NO 2 ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Street Media No. 2 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 June 26, 2013 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published May 14, 21 and 28, and June 4, 2013 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(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 Street. Media No. 2 Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone, subject to those conditions set forth in Exhibit B attached hereto and incorporated herein by this reference. 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. 3968466 Pages: 2 of 4 10/04/2013 08:59 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO l IAM141011MUN.111 Ktih'PIR WXY141I II INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 26th day of June, 2013. fIREgr TOWN OF FIREVTONE, COLORADO (� 0 L�n� o t . n=; ell f Chad Auer, Mayor ATTEST: Rebecca Toberman, Town Clerk 612LV2013IDO PM [kmk] S.-TirestoneVknnexationl.Street Media I and 210rd 2.doc 2 3968466 Pages: 3 of 4 10/04/2013 08:59 PM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill NrAMU1RIATR'AIWAARJ4rMNr'AA 1I111 EXHIBIT A - LEGAL DESCRIPTION Street Media No. 2 Annexation A description of STREET MEDIA ANNEXATION NO.2 being tract of land located in the E 112 of the NE1/4 of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION STREET MEDIA ANNEXATION NO.2 A tract of land located in the El/2 of the NE114 of Section 10,.T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the E1/4 Corner of said Section 10, from which the Northeast Corner of said Section 10 bears N00028'41 "E, 2638.44 feet (Basis. of Bearing), thence N89°46'06"W, 50.20 along the South Line of said NEIA of Section 10, to a point on the Westerly Right -of -Way Line of Colorado Interstate Highway I-25; thence N00°29'24"E, 10.00 feet along said Westerly Right — of -Way of -Way Line; thence N89°46'06"W, 202.80 feet along a Line which is Parallel to said South Line of the NEIA of Section 10 to the Southwest Corner of Street Media Annexation No. 1 and the POINT OF BEGINNING; Thence N00°28'41"E, 109.00 feet along the West Line of said Street Media Annexation No. 1 to the Northwest Corner thereof; Thence N89°46'06"W, 200.30 feet along a Line which is Parallel to said South Line of the NEIA of Section 10, to a point on the West Line of that certain Parcel of land conveyed to R.H. Daggett and Jane L. Daggett by Warranty Deed recorded under Reception No. 1446636 in Book 525 of the Weld County Records; Thence S00°27'52"W, 109.00 feet along said West Line to a point on a Line which is 10.00 feet Northerly of and Parallel with said South Line of the NE1/4 of Section 10; Thence S89°46'06"E, 200.27 feet along said Parallel Line to the POINT OF BEGINNING. Area = 21,831 square feet (0.501 acres), more or less. 3968466 Pages: 4 of 4 — -- 10/04/2013 08:59 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County; Co till NFAIM NIFRIP 10,'10hll'AURh FUki 14 11111 EXHIBIT B — CONDITIONS OF APPROVAL Street Media No. 2 Annexation 1. Execute an Annexation Agreement as prepared by the Town Attorney. 2. Submit an updated Title Commitment, dated no later than one month prior to recording of final documents. 3. Address and modify all documents pursuant to all engineering comments from the Town Engineer. 4 3968469 Pages: 1 of 5 10le4/2013 08:59 AM R Fee:$31.00 stev,e.,Moreno, Clerk and Recorder, Weld County, CO mill ORDINANCE NO.Z S AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE STREET MEDIA NOS 1 AND 2 ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the Street Media Nos. 1 and 2 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 Street Media Nos. 1 and 2 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 Regional Commercial (PUD RC) and Employment Center (PUD EC) 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 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. § 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 Street Media Nos 1 and 2 � 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 3968469 Pages: 2 of 5 10/04,/2013 0a:59 AM R Fee:$31.00 Steve Moreno, Clerk and Recorder, Weld County, GO mill 11.11JAW AN.I1W10141Z KF,4NIk"), II Ill and Employment Center (PUD EC) as shown on the Outline Development Plan, pursuant to the zoning ordinances of the .Town and subject to and in accordance with the Street Media Annexation Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Street Media Outline Development Plan, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 26th day of June, 2013. TOWN OF FIRESTONE, COLORADO ` E$rON rn SEA 10 Chad Auer, Ma or Ot !� •f p� ATTEST: �'p�N...... �. Rebecca Toberman, Town Clerk 6/20/2013 3:06 PM [kmk] S:TirestonOAnnexationlStreet Media I and 21Znning Ord.dac B 2 3968469 Pages: 3 of 5 10/04/2013 08:59 AM R Fee:$31.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill 1NF1N4a k i111ATIii��h h''h � �d �'�1 k'� Ll kJr�. II II ` EXHIBIT A - LEGAL DESCRIPTION Street Media Nos I and 2 Annexation Zoning and Outline Development Plan A description of STREET MEDIA ANNEXATION NO. I being tract of land located in the E1/2 of the NE1/4 of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION STREET MEDIA ANNEXATION NO. 1 A tract of land located in the E1/2 of the NEIA of Section 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the El/4 Corner of said Section 10, from which the Northeast Corner of said Section 10 bears N00°28'41 "E, 2638.44 feet (Basis of Bearing), thence N89°46'06"W, 50.20 along the South Line of said NEI/4 of, Section 10, to a point on the Westerly Right -of -Way Line of Colorado Interstate Highway I-25; thence N00°29'24"E, 10.00 feet along said Westerly Right - of -Way Line to the POINT OF BEGINNING; Thence continuing N60029'24"E, 109.00 feet along said Westerly Right -Of -Way Line; Thence N89°46'06"W, 202.83 feet along a Line which is Parallel with said South Line of the NEIA of Section 10; Thence S00°2841"W, 109.00 feet to a point on a Line which is 10.00 feet Northerly of and Parallel with said South Line of the NE1/4 of Section 10; Thence S89°46'06"E, 202.80 feet along said Parallel Line to the POINT OF BEGINNING Area = 22,107 square feet (0.508 acres), more or less. A description of STREET MEDIA ANNEXATION NO.2 being tract of land located in the E1/2 of the NE1/4 of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION STREET MEDIA ANNEXATION NO.2 A tract of land located in the E1/2 of the NEIA of Section` 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the E1/4 Corner of said Section 10, from which the Northeast Corner of said Section 10 bears N00°28'41 "E, 2638.44 feet (Basis of Bearing), thence N89°46'06"W, 50.20 along the South Line of said NE1/4 of Section 10, to a point on the Westerly Right -of -Way Line of Colorado Interstate Highway I-25; thence N00°29'24"E, 10.00 feet along said Westerly Right - of -Way Line; thence N89°46'06"W, 202.80 feet along a Line which is Parallel to said South Line 3 3968469 Pages: 4 of 5 10/04/2013 08:59 AM R Fee:1$31,00 Steve Moreno, Clerk and Recorder, Weld County, CO mill NFAYINI`�� VIRA,0�N���Ua���;���� �� i�� of the NE1/4 of Section 10 to the Southwest Corner_ of Street Media Annexation No. 1 and the POINT OF BEGINNING; Thence N00°28'41 "E, 109.00 feet along the West Line of said Street Media Annexation No. 1 to the Northwest Corner thereof; Thence N89°46'06"W, 200.30 feet along a Line which is Parallel to said South'Line of the NE114 of Section 10, to a point on the West Line of that certain Parcel of land conveyed to R.H. Daggett and Jane L. Daggett by Warranty Deed recorded under Reception No. 144663.6 in Book 525 of the Weld County Records; Thence S00°27'52"W, 109.00 feet along said West Line to a point on a Line_ which is 10.00 feet Northerly of and Parallel with said South Line of the NEI/4 of Section 10; Thence S89046'06"E, 200.27 feet along said Parallel Line to the POINT OF BEGINNING. Area = 21,831 square feet (0.501 acres), more or less. 3968472 Pages: 1 of 4 10/04/2013 09:17 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO - mill k'A li II ORDINANCE NO. U 2 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE McMURRAY ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the McMurray 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 June 26, 2013 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published May 14, 21 and 28, and June 4, 2013 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(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 McMurray Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone, subject to those conditions set forth in Exhibit B : attached hereto sand incorporated herein by this reference. 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 261h day of June, 2013. '0 TOWly ' SEA, 10 o�4 4Gti� •• GOB, TON W OF FIRESTONE, COLORADO Chad Auer, Mayor 3968472 Pages: 3 of 4 10/04/2013 09:17 AM R Fee:$26.00 Steve Moreno. Clerk and Recorder, Weld County, CO mill EXHIBIT A - LEGAL DESCRIPTION McMurray Annexation A description of McMURRAY ANNEXATION being tract of land located in the El/2 of the NE114 of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group, LLC LEGAL DESCRIPTION McMURRAY ANNEXATION A tract of land located in- the E 1 /2 of the NE 1 A of Section 10, T2N, R68W of the -6th P.M. County of Weld, State of Colorado, being more particularly described as -follows: COMMENCING at the Northeast Corner of said Section 10 from which the NI/4 Comer of said Section 10, bears N89°50'51 "W, 2641.06 feet (Basis of Bearing), thence N89"A'51 "W, 450.00 feet along the North Line of said NE 1/4 of Section 10; thence S00°28'41 "W, 1967.50 feet along a Line which is 450.00 feet Westerly of and Parallel with the East Line of said NE114 of Section 10; to the POINT OF BEGINNING; Thence continuing S00°28'41 "W, 217.80 feet along said Parallel Line; Thence S89°50'51 "E, 399.89 feet along a Line which is Parallel with said North Line of the NE1/4 of Section 10 to the Westerly Right -of --Way Line of Colorado Interstate Highway 1-25; Thence N00°29'24"E, 217.80 feet along said Westerly Right -of -Way Line; Thence N89°50'51 "W, 399.94 feet along a Line which is Parallel with said North Line of the NE1/4 of Section 10 to the POINT OF BEGINNING. Area = 87,100 square feet (2.000 acres), more or less. 3 3968472 Pages: 4 of 4 10/04/2013 09:17 AM R Fee:$26.00 Steve Moreno, Clerk and Recorder, Weld County, CO EXHIBIT B — CONDITIONS OF APPROVAL McMurray Annexation 1. Execute an Annexation Agreement as prepared by the Town Attorney. 2. Submit an updated Title Commitment, dated no later. than one month prior to recording:of final documents. 3. Address and modify all documents pursuant to all engineering comments from the Town Engineer. 4' r 3968475 Pages: 1 of 4 10/04/2013 09:17 AM R Fee:$26.00 Steve Mareno, Clerk and Recorder, Weld County, CO PIII KFir Pv I.,M kOWNITN AW114 IIII I ORDINANCE NO. q) 211" AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE McMURRAY ANNEXATION, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY WHEREAS, a petition for annexation of certain property, annexed to the Town as the McMurray 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 McMurray 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 Regional Commercial (PUD RC) and Employment Center (PUD EC) 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 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 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. § 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OFTRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the McMurray 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) and Employment Center (PUD EC) as shown on the Outline Development Plan, pursuant to the zoning ordinances of the Town and subject to and in accordance with the McMurray Annexation Outline Development Plan approved with conditions by the Board of Trustees, as noted below, 3968475 Pages: 2 of 4 10/04/2013 W 17 AM R Fee:$26,00 Steve Moreno, Clerk and Recorder, Weld County, CO Bill KPOP N IIIAb'IfiVLVAN I MUM U 11A 11111 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 McMurray 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 261h day of June, 2013. TOWN OF FIRESTONE, COLORADO q. osroN� SEAL to. Chad Auer,Mayor ATTEST: Nj Y "Cps Rebecca Toberman, Town Clerk 6/2012013 1-.56 PM [kmk]S:WirestoneSAnnexationWcylurmyVZoning Ord.doc 2 . _1 3968475 Pages: 3 of 4 10/04/2013 09:17 AM R Fee:$25.00 Steve Moreno, Clerk and Recorder, Weld County, CO mill V0,11VT114104NAN 610tiA%INWWAI1461I II1 EXHIBIT A LEGAL DESCRIPTION McMurray Annexation Zoning and Outline Development Plan A description of McMURRAY ANNEXATION being tract of land located in the E1/2 of the NEI/4 of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado, For: Street Media Group, LLC LEGAL DESCRIPTION McMURRAY ANNEXATION A tract of land located in the E112 of the NE114. of Section 10, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the Northeast Corner of said Section 10 from which the N114 Comer of said Section 10, bears N89°50'51 "W, 2641.06 feet (Basis of Bearing), thence N89°50'5I "W, 450.00 feet along the North Line of said NE1/4 of Section 10; thence S00°28'41"W, 1967.50 feet along a Line which is 450.00 feet Westerly of and Parallel with the East Line of said NEIA of Section 10; to the POINT OF BEGINNING; Thence continuing S00°28'41 "W, 217.80 feet along said Parallel Line; Thence S89°50'51"E, 399.89 feet along.a Line which is Parallel with said North Line of the NE1/4 of Section 10 to the Westerly Right -of -Way Line of Colorado Interstate Highway I-25; Thence N00°29'24"E, 217.80 feet along said Westerly Right -of -Way Line; Thence N89°50'51"W, 399.94 feet along a Line which is Parallel with -said North Line of the NEIA of Section 10 to the POINT OF BEGINNING. Area = 87,100 square feet (2.000 acres), more or less. 3 EXHIBIT B McMurray Annexation Conditions of Approval Zoning and ODP 1. Revise ODP to address .comments from the Town Engineer. 3968475 Pages: 4 of 4 10/04/2013 09:17 AM R Fee:$26.00 Steve Moreno, Cleric and Recorder, Weld County, CO 1111 KFAI= K4 04TAWk VA NAVANIN laAli II 4 ORDINANCE NO. AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT WITH 610 SOUTH MAIN, 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. 610 SOUTH MAIN, LLC, a Delaware limited liability company ("Owner") is the fee owner of certain property annexed into the Town comprising approximately 289 acres and generally known as Cambria Crossing (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, entertainment, recreation, religious 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, a District (with prior written approval of the Town), or a water and/or sanitation district (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 are 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 finding of the Public Improvements. H. In furtherance of the foregoing, the Owner has presented to the Town a proposed Public Improvements Reimbursement Agreement (Cambria Crossing 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. 1. 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 A eernent. 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. Section S. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer 0) shall not be construed to revise any bylaw, order, resolution or ordinance, or park thereof, heretofore repealed. INTRODUCED, READ, ADOPTED, APPROVED BY A VOTE OF YEAS AND .�/ NAYS AND ORDERED PUBLISHED IN FULL this t day of , 2013. TOWN OF 171113 STONE OgES TpN� rowry Chad Auer m i SEAL 10 Mayor Attest: Op� • ...........O�OR.; NTY, G ()rigssa gedina Town Clerk PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT (CAMBRIA CROSSING ANNEXATION) THIS PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT (this "PIRA"), is made and entered into as of the day of .' 2013, 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 610 SOUTH MAIN, LLC, a Delaware 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, commercialtretail, entertainment, recreation, religious and residential uses, all as more fully and specifically set forth in and subject to,the terns, 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, including regional stormwater management and flood protection facilities, with a total principal capital cost in excess of $43,700,000, a subset of which improvements are set forth in Exhibit C of this PIRA (as farther described in Section 1.37, the "Public Improvements") with respect to which Credit PIF Revenues maybe utilized, subject to the Cap Amount and other.tenms, limitations and conditions of this PIRA, for reimbursement of Eligible Costs, subject to the limitations set forth in 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 of Trustees hasdetermined 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, 0.. 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 changed 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 1.20(a) by application of a per annum simple interest rate of 2.0%%. 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 2.0% commencing on the later of (a) the date of the Town's written "conditional acceptance" of the applicable Public Improvements, or (b) the Credit PIF Release Date, and continuing through and including the date on which thereis 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 Revenue shall be deemed "made available to the Infrastructure Provider or bond trustee" at such time as such amount of Credit. PIF Revenue 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 1.20(a) shall continue to accrue if the Infrastructure Provider reimburses Developer(s) from proceeds of bands 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 2 described in Section l .20(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, but not to exceed 2.0% 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 (Cambria Crossing Annexation) 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 Dollars ($464,250.00) plus Accrued Interest, 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 Code. The municipal code of the Town of Firestone, as amended from time to time. Section 1.09 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 1.10 Covered Losses. As defined in Section 6.04(b). Section 1.I1 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 1.12 Credit PIF Period. As more specifically set forth in Section 4.03 of this PIRA, the period during which the Sales/UseJax Credit is in effect. Section 1.13 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 16,000'h building square foot of retail sales generating space within the Property. Section 1.14 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 1.15 Cure Period. As defined Section 6.01(c). Section 1.16 Developer(s). Collectively or individually as indicated 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 1.17 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 1.18 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 withintheir 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-I-204.7), including compliance with any applicable obligations and limitations set forth in this PIRA. H Section 1.19 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)(C)(I1)(A). Section 1.20 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 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), and (b) Accrued lnterest. Section '1.21 Event of Default. As defined in Section 6.01. Section 1.22 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 1.23 Final Utility Plan. One or more utility plans for the Project, as approved and signed by the Town. Section 1.24 Financing Costs. 1 The costs of issuance of bonds or other financing instruments of the Infrastructure Provider issued to fund the Public Improvements, in.whole or in part, which may include, but are not limited to, underwriting discount, placement agent and financial advisor fees. Section 1.25 Infrastructure 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 terns 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 PIE 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 5 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 1.26 ODP. The Outline Development Plan for Cambria Crossing as approved by the Town Board, and which constitutes the approved PUD zoning for the Property. Section 1.27 Owner. As defined in the introductory paragraph of this PIRA. Section 1.28 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 1.29 PIC. The non-profit corporation or corporations that Owner may establish to function as the Infrastructure Provider. Section 1.30 PIF. Collectively, the Credit PIF and the Add -On PIF, which are public improvement fees to be imposed by Owner through recordation of the PIF Covenant. Section 1.31 P1F Covenant. That certain privately imposed Declaration of Covenants Imposing and Implementing the Cambria Crossing 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 1.32 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/Trustce as described in Section 4.05 of this PIRA. Section 1.33 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 1.34 PIRA. As defined in the introductory paragraph of this PIRA: Section 1.35 Project. As defined in Recital B of this PIRA. Section 1.36 Property. The real property that is legally described in Exhibit A of this PIRA. Section 1.37 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, including regional stormwater management and flood protection facilities, 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), or a water and/or sanitation district. Section 1.38 Records. The real property records of the Weld County, Colorado, Clerk and Recorder. Section 1.39 Related Parties. As defined in Section 6.04(b). Section L40 Sales/Use 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 PIP Revenues imposed and collected on such Taxable Transactions and subsequently received by the PIF Collecting Agent/Trustee at all times during the Credit PIP Period. Section 1.41 Taxable Transaction. The sale or provision of goods or services which are subject to Town use taxes (on building materials only) and/or Town sales taxes. Section 1A2 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 Sales/Use Tax Credit mechanism. Section 2.02 Recordation; Covenants. Upon the later to occur of (i) the Effective Date, (ii) mutuaI execution of this PIRA after Board approval as provided in Section 2.01 of this PIRA, (iii) the effective date of the ordinance approving this PIRA, or (iv) the date on which the ordinance establishing the Salesiuse 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 P1RA. 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. 7 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) 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 for such defense, including without limitation attorneys' fees, costs, or any other professional fees. (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 8 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 Agreements. (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 Agreements. (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. 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 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 PIRA and has duly authorized 9 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) There is no litigation, proceeding or investigation contesting the power or authority of Owner with respect to the Property, the Projector 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, surface use agreements, oil and gas agreements, agricultural leases, restrictions, reservations and rights -of -way of record, as well as the Neighbors Point Retention Pond Agreement and water well rights and permits. (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 thin 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 a Development Agreement. 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 and Infrastructure Provider shall discuss in good faith the process and requirements whereby the Infrastructure Provider may be a party to any such Development Agreements with respect to all or a designated. portion of the Public Improvements and, other infrastructure obligations established by such Development Agreement. 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 10 structure within which subsequent Development Agreements 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 to 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 of 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(e) 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 PIF 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), 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 therefor 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 Sales[Use 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. (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 or confirmation within thirty (30) days of Owner's submittal thereof to the Town. Section 4.02 Implementation of SaleslUse 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 SaleslUse 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 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, 12 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 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 201" anniversary of the Credit PIF Release Date; unless such period is extended as provided in Section 4.11 of this PIRA. Upozi 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'. 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. fiinds 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 4.0.3. of this PIRA, if there are Credit 13 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 (as defined in the PIF Covenant). 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 a 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 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 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: 14 (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 subsection (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. (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. (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, hinitatlons and conditions of the PIF Covenant. Collection and utilization of the Add -On PIF Revenues shall be administered 15 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, 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 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 terns, 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 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 PIF Revenues shall be disbursed for any certificate of Eligible Costs without the Town's consent, which consent may be withheld only if (i) such certificated costs do not qualify as Eligible Costs under the terms, limitations and conditions of this PIRA, (ii) the Credit PIF 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 16 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 PIF 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 each 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 PIF Revenues for any other purposes allowed under the PIF Covenant (including, but not limited to, payment of Debt Service Costs, payment of costs incurred by the PIF 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 PIF 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 L20(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 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 17 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 Sales/Use 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 SaleslUse 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 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 Sales/Use 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 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 lnfrastructure Provider, or in the case of an audit by the Town, from the Infrastructure Developer. 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 18 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 Transactions which are 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 their remedies under the PIF Covenant. or otherwise, notify the Town in writing and the Town, to the extent that it collects and enforces sales 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 Agentfrrustee, subject to annual appropriation by the Town and subjectto 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 subsequently remits the delinquent Credit PIF, such payment shall result in the application of the Sales/Use Tax Credit against such person's or entity's tax obligation, which Sales/Usc Tax Credit shall fully satisfy any corresponding liability to the Town for unpaid sales or use tax (on building materials only). _In such circumstances, the Town shall, nevertheless be entitled to recover from the Developer 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. 19 .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 Infi-astructure Provider. Events of Default hereunder by a Developer or the Infrastructure Provider shall be Iimited 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 subsection (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(c). 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 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 20 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: (I) 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. (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 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 21 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 Agreements; 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 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. 22 (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 Infrastructure 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 Agreements, the Credit PIF Collection Service Agreement, the Annexation Agreement and that certain Development Agreement Pertaining to Vested Property Rights entered into by the Parties on or about even date 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. . 23 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 P IF 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 Revenue 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 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. 24 Y 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; Town of Firestone 151 Grant Ave. P.O. Box 1.00 Firestone, CO 80520 Attn: Town Manager Light, Kelly & Dawes, P.C. 1.512 Latimer Street, Suite 300 Denver, Colorado 80202 610 South Main LLC Attn: Isaac Moradi 9301 Wilshire Blvd., Suite 315 Beverly Hills, CA 90210 . ATTN: Isaac Moradi. With a required copy to: Jerry Bouldin 3733 Florentine Cir Longmont, CO 80503 And to: .Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C. 515 Kimbark Street Longmont, CO 80501 Attn: Cameron A. Grant 25 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 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 maybe 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 Pagel 26 IN WITNESS WHEREOF, the Parties have executed this PIRA as of the day and year first written above. TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado Chad Auer, Mayor (SEAL) ATTEST. Carissa Medina, Town Clerk STATE OF ) 5s COUNTY OF ) 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 , 2013. Witness my hand and official seal. My commission expires on: (SEAL) 27 OWNER: 610 SOUTH MAIN, LLC, a Delaware limited liability company By: Name: Jerry Bouldin Title: Authorized Agent STATE OF COLOR -ADO ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by Jerry Bouldin, as Authorized Agent of b 10 SOUTH MAIN, LLC, a Delaware limited liability company. Witness my hand and official seat. Notary Public My commission expires: 28 [TO BE EXECUTED BY INFRASTRUCTURE PROVIDER IN ACCORDANCE WITH SECTION 7.01] INFRASTRUCTURE PROVIDER: [Infrastructure Provider entity name] By: Nat Titl 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. L Notary Public My commission expires: 29 Exhibit A Legal Description of the Property CAMBRIA CROSSING (ODP LEGAL DESCRIPTION) THREE (3) PARCELS OF LAND SITUATED IN SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A (ANNEXATION PARCEL) COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR NORTH 00027'00" WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION; THENCE SOUTH 89058'03" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BIRCH STREET (W.C.R.11), ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH.00°27'00" WEST, A DISTANCE OF 2616.30 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED BY DEED RECORDED MARCH 23, 2000 AT RECEPTION NO.2757371 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE CONTINUING NORTH 00027'00" WEST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 11.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89031'31" EAST, ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 634.04 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24); THENCE NORTH 89031-31" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24), A DISTANCE OF 3396.74 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12; THENCE ALONG SAID EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12, SOUTH 00°07'18" EAST, A DISTANCE OF 2663.46 FEET; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 12, SOUTH 0000710" EAST, A DISTANCE OF 1346.97 FEET; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 89-44-46" WEST, A DISTANCE OF 1328.01 FEET; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 00°00'54" EAST, A DISTANCE OF 1340.88 FEET; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, NORTH 89058'03" WEST, A DISTANCE OF 2690.83 FEET TO THE POINT OF BEGINNING; CONTAINING 12,425,711 SQUARE FEET OR 285.2550 ACRES, MORE OR LESS. AND PARCEL B OUTLOT D OF BOOTH FARMS, SECOND FILING RECORDED ON DECEMBER 17, 2001 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO.2909675 CONTAINING 174,660 SQUARE FEET OR 4.0096 ACRES, MORE OR LESS. AND Exhibit A Page l PARCEL C OUTLOT D1 OF THE 1ST REPLAT OF OUTLOTS A, H, I, J & N, BOOTH FARMS, SECOND FILING RECORDED ON OCTOBER 10, 2003 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 3115812. CONTAINING 6,887 SQUARE FEET OR 0.1581 ACRES, MORE OR LESS, CONTAINING A COMBINED TOTAL NET AREA FOR PARCELS A, B, AND C OF 12,607,258 SQUARE FEET OR 289.4227 ACRES, MORE OR LESS. Exhibit A Page 2 Exhibit B Form of Certification for Reimbursement of Eligible Costs REQUISITIONICERTIFI CATION NO. [PIF Collecting Agent/Trustee] [address] [address] [address] Re: Requisition for Reimbursement of Eligible Costs for Cambria Crossing Pursuant to Section _ of the PIF Collecting Agent and Trustee Agreement, dated as of , 20_ (the "PIF Trustee Agreement"), between 610 South Main, LLC, a Delaware limited liability company, (Infrastructure Provider) and [PIF Collecting Agent/Trustee], [Infrastructure Provider] hereby requests [PIF Collecting Agent/Trustee] to disburse Credit PIF Revenues (and/or Contingent PIF Revenues, if applicable) from the Credit/Contingent PIF Trust Account as detailed on the attached Appendix A and/or Appendix B. The Credit PIF Revenues (and/or Contingent PIF Revenues, if applicable) 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/Contingent 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 (as that term is 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/Contingent 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. The total amount actually received by the requesting entity to date is $ consisting of $ of principal and $ of Accrued Interest, Exhibit B Page WITNESS my hand this day of [Infrastructure Provider] Authorized Officer Exhibit B Page 2 APPENDIX A of EXHIBIT B EligibleEkpenses ,gig€ Zo =;F P'mI Vtf; Rnq t can's x•4 Cumulat_ive s • , , a -, Total 1 CBT Water dedicated to the Town of Firestone $10.689.250 $0 Public Street Improvements including 2 water, sewer and drainage improvements (Firestone Blvd., Birch Street, project internal cotleotor and local streets).. $16.461.100 $0 3 Traffic Signals on Rrestone Blvd. and airch Street $448.500 $0 4 Regional Public Storm Drainage Improvements $1.029,250 $0 Public Open Space, Trails, and 5 Landscaping: dedicated to the Town of Firestone $6 084 650 $0 6 Public Ravin Water Irrri ation System $874.000 . $0 Subtotal I $35,586,750 $0 $0 $0 7 Construction Engineering (10% of Subtotal 1) $3.W8,675 $Q t� Construction Surveying (5% of Subtotal 1) - I . $1.779,338 $0 9 Desi n Engineering 13% of Subtotai 1 .` $2 84B 940 $0 (I) Subtotal 2 $8.1841953 $0 $0 $O ... $0 $0 (0). G-a nd Total Z03• Sol $c ' SO : sa $0- (1) Individual line items 7, 8 and 9 are capped at percentages shown. (5) Total cost of reimbursement of individual .line items may vary but aggregate amount can not exceed the Cap Amount of $ The undersigned hereby certifies pursuant to Section _ of the PIF Collection Services and Trustee Agreement dated , 20___, and Section 4.07 of the Public Improvements Reimbursement Agreement (Union Annexation) dated , 20 , and recorded on , 20_, at Reception No. , that: (a) I am a licensed and registered Colorado civil engineer; and (b) the amounts set forth above are the actual amount of the costs of the Public Improvements for which reimbursement is being requested pursuant to this Certification of Eligible Costs. Engineer's Name. Date: Professional Engineer's License No.: Appendix B to Requisition/Certification No. Schedule of Accrued Interest Description of Total Amount of Accrued laterest Calculation I Acaucd Merest Total for this Certification: Exhibit B Page 4 Exhibit C Illustrative Schedule of Public improvements and Eligible Costs The Public Improvements costs shown below and [heir 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 $43,7000,000, which is in excess of the Iota] amount of Credit PIF Revenue available to be disbursed hereunder for such amounts (the Cap Amount of $464,250.00, excluding Accrued Interest). 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 I CBT Water dedicated to the Town of Firestone' $10,689,250 2 Public Street Improvements including water, sewer and drainage improvements (Firestone Blvd., Birch Street, project internal collector and local streets) $16,461,100 3 Traffic Signals on Firestone Blvd. and Birch Street $448,500 4 Regional Public Storm Drainage improvements $1,029,250 5 Public Open Space, Trails, and Landscaping dedicated to the Town of Firestone $6.084,650 6 Public Raw Water Irrigation System' $874,000 7 Construction Engineering 10%. 8 Construction Surveying 5% 9 1 Engineering 8% 1 Public Improvt.mcrtts. eligible for reimbursement are subject to the limitations outlined in this PIRA. Public Imprtrvetnents shall be owned by the Town, a District (with prior written approval of the Town, which may he. within the District's service plan or otherwise documented), or a water and/or sanitation district (provided no third -party water district may own or operate water facilities within the Town or supply water to the Properly without the prior express written consent of the Town). 2 The costs represented in.tU% Exhibit C are estimates only, and may he redistributedamongthe categories as described above, subject to the limitations set forth above. The categones 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, subjcci to the trap Amount. In no way shall tliis Exhibit C be construed as an approval of any aspect of reimbursement, nor shall this Exhibit C be interpreted to rcpnsctn 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, The Public Improvements eligible for reimbursement under the terms of this PIRA are generally anticipated to be desigtud and constructed within the general specificaiions of the Code and other applicable Town ordinances, rules and regulations. Should Public Improvementseligible for reimbumerrtcrtt be designed and constructed that significantly exceed the Town's requirements (at Developer's or.lnfrastivetum 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. A 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 6. Exhibit C Page. I ORDINANCE NO. e 2LI 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 CAMBRIA CROSSING ANNEXATION 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. 610 SOUTH MAIN, LLC, a Delaware limited liability company ("Owner") is the fee owner of certain property annexed into the Town comprising approximately 289 acres and generally known as Cambria Crossing (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, entertainment, recreation, religious 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 (Cambria Crossing 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 Cambria Crossing 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_ 1 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 ofthe 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 (Cambria Crossing Annexation), dated 2013 (the "Agreement'), by and between .the Town and.610 SOUTH MAIN, 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 Cambria Crossing 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 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 a new 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. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this .ct day of-, 2013. STOAI TOWN �O � f�Q S �� O Attest: NO,j GOB' ,�sssy- Carissa Me ina Town Clerk TOWN OF FIRESTONE �j Chad Auer Mayor 3 EXHIBIT A Legal Description of the Property THREE (3) PARCELS OF LAND SITUATED IN SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A (ANNEXATION PARCEL) COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 12 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF' SAID SECTION 12 TO BEAR NORTH OO°27'00" WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS LEGAL DESCRIPTION; THENCE SOUTH 89"58'03" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BIRCH STREET (W.C.R. 11), ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 00-27-00" WEST, A DISTANCE OF 2616.30 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED BY DEED RECORDED MARCH 23, 2000 AT RECEPTION NO, 2757371 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE; THENCE CONTINUING NORTH 00027'00" WEST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 11.52 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89031'31" EAST, ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 634.04 FEET TO THE NORTHEAST CORNER OF SAID PARCEL, ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R_ 24); THENCE NORTH 89031'31" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FIRESTONE BOULEVARD (W.C.R. 24), A DISTANCE OF 3396.74 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12; THENCE ALONG SAID EAST LINE OF THE WEST HALF OF THE NORTHEAST. QUARTER OF SECTION 12, SOUTH 00007'18" EAST, A DISTANCE OF 2663,46 FEET; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION_ 12, SOUTH 00°47'10" EAST, A DISTANCE OF 1345.97 FEET; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 89044'46" WEST, A DISTANCE OF 1328.01 FEET; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, NORTH 00000'54" EAST, A DISTANCE OF 1340.88 FEET; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, NORTH 89058'03" WEST, A DISTANCE OF 2690.83 FEET TO THE POINT OF BEGINNING; 4 CONTAINING 12,425,711 SQUARE FEET OR 285.2550 ACRES, MORE OR LESS s►b PARCEL B OUTLOT D OF BOOTH FARMS, SECOND FILING RECORDED ON DECEMBER 17, 2001 IN THE WELD COUNTY CLERK AND RECORDER'.S OFFICE AT RECEPTION NO.2909675 CONTAINING 174,660 SQUARE FEET OR 4.0096 ACRES, MORE OR LESS. AND PARCELC OUTLOT D1 OF THE 1ST REPLAT OF OUTLOTS A, H. I, J & N, BOOTH FARMS, SECOND FILING RECORDED ON OCTOBER 10, 2003 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 3115812. CONTAINING 6,887 SQUARE FEET OR 0.1581 ACRES, MORE OR LESS. CONTAINING A COMBINED TOTAL NET AREA FOR PARCELS A, B, AND C OF 12,607,258 SQUARE FEET OR 289.4227 ACRES, MORE OR LESS. 5 ORDINANCE NO. 830 AN EMERGENCY ORDINANCE INCREASING THE TOWN OF FIRESTONE'S SALES TAX RATE FROM TWO PERCENT TO THREE PERCENT WITH THE REVENUES FROM SUCH INCREASE TO BE USED TO FUND STREETS AND PARKS PROJECTS; CREATING A SALES TAX CAPITAL IMPROVEMENT FUND IN CONNECTION THEREWITH; AND PROVIDING FOR THE SUBMISSION OF THE TAX RATE INCREASE AND A PROPOSED INCREASE IN TOWN DEBT TO A VOTE OF THE REGISTERED ELECTORS AT A SPECIAL ELECTION TO BE HELD NOVEMBER 5, 2013 WHEREAS, the Town of Firestone (the "Town"), is a Colorado statutory town duly organized and existing under laws of the State of Colorado; and . WHEREAS, the members of the Board of Trustees of the Town (the "Board of Trustees") have been duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights ("TABOR") requires voter approval for any new tax, any increase in any tax rate, the creation of any debt, extension of an expiring tax, and the spending of certain funds above limits established by TABOR; and WHEREAS, pursuant to applicable law, including but not limited to Article 2 of Title 29, Colorado Revised Statutes, the Town is authorized to adopt a municipal sales tax and has previously adopted upon voter approval a permanent municipal sales tax of two percent (2.0%); and WHEREAS, pursuant to a resolution adopted by the Board of Trustees, the Town will hold a special election on November 5, 2013, as a coordinated election pursuant to the Uniform Election Code of 1992, as amended; and WHEREAS, TABOR requires that the Town submit ballot issues, as defined in TABOR, to the Town's registered electors on specified election days before action can be taken on such ballot issues; and WHEREAS, November 5, 2013, is one of the election dates at which TABOR ballot issues may be submitted to the registered electors of the Town pursuant to TABOR; and WHEREAS, the Town Board of Trustees is of the opinion that it should refer to the voters at the November 5, 2013 election a TABOR ballot issue concerning the imposition of an additional permanent municipal sales tax of one percent (1.0%) commencing January 1, 2014, for the .purposes specified in this ordinance, which tax is proposed to be upon the Town's existing sales tax base so that there continues to be no Town sales tax upon sales of food for domestic home consumption; and 1 WHEREAS, the Town Board of Trustees is of the opinion that it should refer to the voters at the November 5, 2013 'election a TABOR ballot issue concerning the authorization of debt to fund certain parks and streets as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L Section 3.08.040 of the Firestone Municipal Code, regarding the sales tax levy, is hereby amended to read as follows (words added are underlined; words deleted are stfieker. *...ig ): 3.08.040 Amount of tax. . A. There is imposed on all sales of tangible personal property at retail or furnishing of services in the town except as provided herein, a tax equal to two three percent of the purchase price thereof. For purposes of such tars reeeipts ef. 1. All retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to a destination outside the limits of Firestone or to a common carrier for delivery to a destination outside the limits of Firestone. The gross receipts from such sales shall include delivery charges when such charges are subject to the state sales and use tax imposed by C.R.S. Article 26 of Title 39, regardless of the place to which delivery is made. If a retailer has no permanent place of business in Firestone or has more than one place of business, the place at which the retail sales are consummated for the purpose of a sales tax imposed by this chapter shall be determined by the provisions of C.R.S. Article 26 of Title 39, and by rules and regulations promulgated. by the Department of Revenue. 2. The amount subject to tax shall not include the amount of any sales or use tax imposed by C.R.S. Article 26 of Title 39. B. There is imposed a use. tax on the use or consumption of any construction and building materials purchased at retail or for the privilege of storing, using or consuming in Firestone any motor or other vehicles, purchased at retail on which registration is required, of two percent except as otherwise provided herein, but the amount subject to tax shall not include the amount of any sales or use tax imposed by C.R.S. Article 26 of Title. 39. Section 2. Section 3.08.080 of the Firestone Municipal Code (entitled "Sales tax limitation") is hereby repealed in its entirety and reenacted to read as follows: 2 3.08.080 Sales Tax Capital Improvement Fund. A. Pursuant to C.R.S. § 29-2-I11, there is established a special fund of the Town to be known as the "Sales Tax Capital Improvement Fund." Such Sales Tax Capital Improvement Fund shall be kept separate from the general and other funds of the Town. There shall be deposited into the Sales Tax Capital Improvement Fund such revenues derived from the Town sales tax as the Board of Trustees may determine necessary from year to year or in any ordinance approving bonds or other obligations payable from the Sales Tax Capital Improvement Fund. The Sales Tax Capital Improvement Fund shall be used to provide for capital improvements for the Town, for the payment of debt service on bonds and other obligations of the Town issued for the purpose of providing capital improvements, and for other purposes permitted by C.R.S. § 29-2-111. C. Amounts deposited to the Sales Tax Capital Improvement Fund shall not be available to be pledged or expended for any general municipal purpose. C. Revenues from the one percent sales tax approved by the registered electors of the Town at the November 5, 2013 election shall be used exclusively for the purposes set forth in the Ballot Issue for such tax approved by the registered electors at said election., Section 3. Total Town tax revenues are estimated to increase by up to $1,700,000 in 2014, the first full year in which the sales tax provided ' for in this ordinance is in effect. However, the revenues from said sales tax may be collected, retained and spent regardless of whether said revenues, in any year after the first full year in which said sales tax is in effect, exceed the estimated dollar amount stated above, and without any other Iimitation or condition, and without limiting the collection or spending of any other revenues or funds by the Town of Firestone, under Article X, Section 20 of the Colorado Constitution or any other Iaw. Section 4. Sections 1 and 3 of this ordinance shall not take effect unless and until a majority of the registered voters voting at the special municipal election on November 5, 2013 vote "yes" in response to the following ballot title, which title is hereby set and referred to the ballot at said election: BALLOT, ISSUE 2A SHALL TOWN OF FIRESTONE TAXES BE INCREASED $1.7 MILLION IN 2014 AND THEN ANNUALLY BY WHATEVER ADDITIONAL AMOUNTS ARE - RAISED THEREAFTER BY THE IMPOSITION OF A SALES TAX AT THE RATE OF 1.0 PERCENT TO FINANCE: 3 (1) THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, REPAIR, REPLACEMENT, EXPANSION, REHABILITATION AND RENOVATION OF EXISTING AND PLANNED STREETS AND PARKS, INCLUDING BUT NOT LIMITED TO: • WIDENING FIRESTONE BOULEVARD, • RECONSTRUCTION OF COLORADO BOULEVARD, • RECONSTRUCTION OF STREETS IN HISTORIC FIRESTONE, • IMPROVEMENTS TO MCCLURE AVENUE AND LOCUST STREET, • CONSTRUCTION OF SABLE AVENUE SIDEWALKS, AND (2) OPERATING OR MAINTAINING ANY EXISTING OR PLANNED PARKS AND STREETS INCLUDING WITHOUT LIMITATION ONGOING OPERATIONS AND MAINTENANCE OF STREETS AND PARKS IN FIRESTONE TO EXTEND THEIR USEFUL LIFE AND, IN THE CASE OF STREETS, IMPROVE DRIVER AND PEDESTRIAN SAFETY; WITH THE SALES TAX INCREASE TO COMMENCE JANUARY 1, 2014 AND TO- BE COLLECTED IN ADDITION TO THE TO WN' S SALES TAX OF 2.0 PERCENT UPON THE TOWN'S EXISTING SALES TAX BASE, SO THAT THERE CONTINUES TO BE NO TOWN SALES TAX UPON SALES OF FOOD FOR DOMESTIC HOME CONSUMPTION; AND SHALL SUCH TAX REVENUES AND THE EARNINGS FROM THE INVESTMENT OF SUCH TAX REVENUES BE COLLECTED, RETAINED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO. CONSTITUTION OR ANY OTHER LAW? YES NO Section 5. Section 2 of this ordinance shall not take effect unless and until a majority of the registered voters voting at the special municipal election on November 5, 2013 vote "yes" in response to the following ballot title, which title is hereby set and referred to the ballot at said election: BALLOT ISSUE 2B SHALL TOWN OF FIRESTONE DEBT BE INCREASED $9.5 MILLION, WITH A REPAYMENT COST OF $15.9 MILLION (MAXIMUM PRINCIPAL AND INTEREST); SUBJECT TO THE FOLLOWING: 4 ALL OR, ANY PORTION OF THE NET PROCEEDS OF THE TOWN SALES TAX, AS DETERMINED BY THE BOARD OF TRUSTEES, MAY BE DEPOSITED TO THE TOWN'S SALES TAX CAPITAL IMPROVEMENT FUND, WHICH IS HEREBY AUTHORIZED TO BE CREATED, TO BE COLLECTED, RETAINED AND SPENT TO FINANCE THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, REPAIR, REPLACEMENT, EXPANSION, REHABILITATION AND RENOVATION OF EXISTING AND PLANNED STREETS AND PARKS, INCLUDING BUT NOT LIMITED TO: • WIDENING FIRESTONE BOULEVARD, • RECONSTRUCTION OF COLORADO BOULEVARD, • RECONSTRUCTION OF STREETS IN HISTORIC FIRESTONE, • IMPROVEMENTS TO MCCLURE AVENUE AND LOCUST STREET, AND • CONSTRUCTION OF SABLE AVENUE. SIDEWALKS, OR TO PAY DEBT SERVICE ON DEBT ISSUED FOR SUCH PURPOSES OR TO PAY THE COSTS OF OPERATING OR MAINTAINING IMPROVEMENTS FINANCED FROM THE - CAPITAL IMPROVEMENT FUND; ANY SUCH DEBT SHALL BE PAYABLE FROM THAT PORTION OF THE TOWN SALES TAXES DEPOSITED TO THE TOWN'S SALES TAX CAPITAL IMPROVEMENT FUND; ANY SUCH DEBT MAY BE SOLD IN ONE SERIES OR MORE,, ON TERMS AND CONDITIONS AS THE BOARD OF TRUSTEES MAY DETERMINE, INCLUDING PROVISIONS FOR THE REDEMPTION OF THE BONDS PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM; ANY SUCH DEBT MAY BE REFUNDED BY THE TOWN, PROVIDED THAT AFTER THE ISSUANCE OF SUCH REFUNDING DEBT THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF ALL DEBT ISSUED PURSUANT TO THIS QUESTION DOES NOT EXCEED THE MAXIMUM PRINCIPAL AMOUNT SET FORTH ABOVE, . AND PROVIDED FURTHER THAT ALL DEBT ISSUED BY THE TOWN PURSUANT TO THIS QUESTION IS ISSUED ON TERMS THAT DO NOT EXCEED THE REPAYMENT COSTS AUTHORIZED IN THIS QUESTION; AND SHALL THE EARNINGS FROM THE INVESTMENT OF SUCH DEBT PROCEEDS BE COLLECTED, RETAINED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY 5 OTHER LAW? YES NO Section 6. The provisions of Sections 1, 2 and 3 of this ordinance shall take effect, following passage and approval thereof as provided herein, on January 1, 2014. Section 7. The number/letter designations of the ballot titles herein referred shall be as finally determined by the election officials in accordance with law. Section 8. 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 Town Board of Trustees and the registered voters of the Town hereby declare that they would have passed and approved this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 9. 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 crimirial, 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 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. Section tt 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 because there is an urgent need for the revenues from the tax proposed by this ordinance, the Board of Trustees desires to submit the foregoing TABOR ballot issues to the registered electors of the Town at the special election on November 5, 2013, and there are several immediate deadlines related to the conduct of said election that must be met. Therefore, pursuant to C.R.S. § 31-16-105, the Board of Trustees herewith further finds, determines and declares that it is necessary for this ordinance to take effect immediately upon adoption. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 28t" day of August, 2013. TOWN OF FIRESTONE, COLORADO Z ATTEST: Carissa Medina, Town Clerk Chad Auer, Mayor 7 Version with Separate Questions for Tax & Debt Authorization INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 28th day of August, 2013. F�RESTO& TOWN rn SE � O ATTEST: OVff ONT. GO O issa Medina, TowiTClerk TOWN OF FIRESTONE, COLORADO C L J Chad Auer, Mayof ` 1 7 r ORDINANCE NO. � 31 AN EMERGENCY ORDINANCE TEMPORARILY WAIVING CONSTRUCTION USE TAXES PAYABLE FOR RESIDENTIAL BUILDING PERMITS ISSUED FOR FLOOD DAMAGE REPAIRS WHEREAS, pursuant to Chapter 3.08 of the Firestone Municipal Code, a use tax is imposed on the use or consumption of any construction and building materials purchased. at retail; and WHEREAS, heavy rains and flooding occurring in the Town from September 9, 2013 and several days thereafter caused considerable damage to residential properties in the Town requiring numerous repairs; and WHEREAS, to facilitate the prompt and affordable repair of flood damage, the Board of Trustees finds it is in the public interest to temporarily waive for a period of ninety days the construction use tax payable for residential building permits issued for repair and improvements caused by flood damage; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Upon the effective date of this ordinance and. until .January 7, 2014, the construction use tax payable for residential building permits issued for repair and improvements caused by flood damage is hereby temporarily waived, subject to the following requirements: A. The amount of use tax waived shall not exceed $500.00. B. Any request for a waiver shall be accompanied by an affirmation on a form prepared by the Town that the permit is for flood damage repair and improvements related to the heavy rains and flooding occurring in the Town from September 9, 2013 and several days thereafter. C. This'ordinance shall apply to all residential building permits applied for .between September 9, 2013 and January 7, 2014. Section 2. The provisions of this ordinance are temporary in nature and may be repealed by a subsequent legislative enactment. This.ordinance shall cease to have effect after January 7, 2014 and shall be automatically repealed at such time unless sooner repealed or further legislative action is taken to extend the effective date of this ordinance. Upon the termination of the temporary waiver granted herein, the full amount of the construction use tax shall be collected and remitted in accordance with state and local law. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to beunconstitutional 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. The repeal, modification or temporary suspension of any provision of any ordinance 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 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 Board of Trustees herewith finds, determines and declares that this ordinance is genuinely and urgently necessary for the immediate preservation of the public health, safety and welfare because the Town experienced heavy rainfall and flooding beginning on September 9, 2013 and continuing for several days thereafter resulting in many homes being damaged and an urgent need exists to facilitate the prompt and affordable repair of flood damage to further the public health, safety and welfare. 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. INTRODUCED, READ, ADOPTED_, APPROVED; AND ORDERED PUBLISHED IN FULL this Lj:!�'day of. o c-1 e yxX _, 2013. tS-rON TOWN OF FIRESTONE, COLORADO TOWN �? o A { SE : o t�Q Chad Auer, Mayor ATTEST: �QCr Y{O .:•'0�. rissa Medina, Town Clerk 2 ORDINANCE NO. 4�32 AN ORDINANCE AMENDING CHAPTER 2.58 OF THE FIRESTONE MUNICIPAL CODE CONCERNING THE PARKS, TRAILS AND RECREATION ADVISORY BOARD WHEREAS, the Board of Trustees previously adopted Chapter 2.58 of the Firestone Municipal Code, which created the Firestone Parks, Trails and Recreation 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; and WHEREAS, the Board of Trustees by this Ordinance desires to amend Chapter 2.58 to change the length of terms Board members shall serve to make the terms consistent with other Town boards and committees; however, the Board of Trustees further desires to acknowledge that said amendments shall not be construed to shorten the term of office of any current office holder; and WHEREAS, the Board of Trustees to add additional members to said Board and to make other amendments to Chapter 2.58 of the Firestone Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.58.030.A of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-i pro„ +hr�): 2.58.030 Members. The Parks and Trails Advisory Board shall consist of seven not more than nine members as follows: one member of the Board of Trustees who shall be appointed by Mayor and one member of the Board of Trustees who shall be appointed by the Board of Trustees. as he OF she is -a membeF of the Beard of Trustee . The remaining €r-e members of the Board shall be appointed by the Mayor and confirmed by the Board of Trustees. Any vacancy in membership shall be filled by.appointment by the Mayor and confirmed by the Board of Trustees. Terms of office for all appointments shall be two-year terms and shall commence on the fourth Thur-sda) Wednesday of April in each even -numbered year and shall expire on the fourth Wednesday of April two years later in the -year of +he tefm; subject to the above requirement that each Trustee member's service shall be concurrent with his or her service as Trustee. Trustee and Town resident members of the Board mgy be rea ointed without any limit on the total number of terms served. Section 2. Section 2.58.030.B of the Firestone Municipal Code (concerning associate members) is hereby deleted in its entirety. I Section 3. Section 2.58.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-iekea through : 2.58.050 Organization and rules. The Board shall hold regular meetings at least quarterly. The Board shall at its first meeting each year choose a Chairperson, Vice Chairperson and Secretary from among its members and shall fill any vacancy in such offices. All meetings of the Board shall be held in accordance with the open meetings law. Special meetings may be called at any time by the Chairperson or two members of the Board upon giving forty eight hours' notice of the special meeting to the Board members. The Board shall keep minutes and records of its meetings and transactions. Four members of the Board shall constitute a quorum, and an affirmative vote of a majority of those present constituting a quorum shall be sufficient to authorize any action of the Board. The Board shall have the power to adopt bylaws and rules and regulations for the conduct of its business consistent with the provisions of this Code and state law. Section 4. This ordinance shall not be construed to shorten the term of -any current member; however, any current member may by written acknowledgment consent to the shortening of the expiration of their current term. Further, this ordinance: shall not be construed to remove from office the Chair, Vice -Chair. or Secretary of the Board, and such officers shall continue to hold their offices until the first meeting of next year. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 0��lay of 2013. gF TOWN OF FIRESTONE, COLORADO TOWN 10 SEA o Chad Auer, Mayor r AUNTY G 2 ORDINANCE NO. 3 AN ORDINANCE AMENDING SUBSECTION 2.12.030.B.15 OF THE FIRESTONE MUNICIPAL CODE CONCERNING CERTAIN_ POWERS AND DUTIES OF THE TOWN MANAGER WHEREAS, by Resolution 13-40, the Board of Trustees approved and adopted a new Town of Firestone Employee Handbook, effective September 1, 2013; and WHEREAS, in connection with the adoption of such handbook, the Board of Trustees desires make certain amendments to Subsection 2.12.030.13.15 of the Firestone Municipal Code concerning the duties of the Town Manager; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 2.12.030.13.15 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are strieken thr-O): 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 Manager's duties and responsibilities shall include; without limitation, the . following: 15. Exercise oversight and control over personnel matters, including_ without limitation, hiring, training, evaluating, disciplinary action and separation of employment, except for positions that report directly to the Board of Trustees, including authority to enter into contracts regarding employment and separation subject to Board budgeting and -appropriation. 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. 1. ORDINANCE NO. �,34 AN ORDINANCE ADOPTING BY REFERENCE, WITH CERTAIN AMENDMENTS THERETO, THE 2012 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE 2009 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE, PROMULGATED BY THE INTERNATIONAL CODE COUNCIL; AMENDING CERTAIN SECTIONS OF THE FIRESTONE MUNICIPAL CODE IN CONNECTION WITH THE ADOPTION OF SUCH CODES; AND ESTABLISHING PENALTIES FOR VIOLATIONS OF SUCH CODES; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, international building, housing, and safety standards have been developed and from time to time updated, as set forth in various codes, and it is deemed in the best interest of the citizens of Firestone, and in the interest of the public health, safety, and general welfare, to amend the current building, plumbing and mechanical codes of the Town, and to adopt by reference thereto certain public safety codes and amendments thereto tailored to accommodate particular circumstances and requirements of the Town; and WHEREAS, the Board of Trustees, after proper notice as required bylaw, has held a public hearing on this ordinance providing for the amendment and adoption of said codes and which ordinance shall become effective on February 1, 2014; and WHEREAS, the proposed public safety codes and amendments thereof have been submitted to the Board of Trustees in writing and the Board of Trustees has determined that the codes and amendments thereof should be adopted as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.04.020 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.04.020 International Building Code adopted. The International Building Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters I through 35 inclusive, Appendix I and Appendix J,.are hereby adopted by reference thereto and incorporated into and made part of the Firestone Municipal Code. The purpose and subject matter of International Building Code . include comprehensive provisions regulating construction aspects of building and providing uniform building standards for the purpose of protecting the public health, safety and general welfare. In all sections of this code where a reference is made to the International Building Code, said reference shall be to the 2012 Edition of said Code. The town clerk shall maintain sufficient copies of the International Building Code as required by law in the Town Hall. Section 2. Section 1.5.04.030 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.04.030 International Building Code ---Amendments. The International Building Code as adopted by the town is hereby amended as follows: A. Section 101.1 (Title) is amended by the addition of the term"Town of Firestone" where indicated. B. Section 101.4.3 (Plumbing) is amended by deletion of the last sentence. C. Section 101.4.5. (Fire prevention) is amended by replacing "International Fire Code" with "adopted fire code".. D. Section 105.1(Required) is amended by replacing the words "building official" with "town". E. Section 109.4 (Work commencing before permit issuance) is amended by replacing the words "building official" with "town" and adding the words "the fee shall be equal to 100% of the original building fee in addition to the required permit fees." F. Section 109.6 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following: "The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The town may.authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The town shall not authorize refunding of any fee paid except_ on written application filed by the original permittee not later than 180 days after the date of fee payment." G. Section 111.3 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentence and replacing it with "town": 2 H. Section 113.1 (General) is amended by deleting the last two sentences and inserting the following: "The members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees." I. Section 113.3 (Qualifications) is amended by deleting the section in its entirety. J. Section 202 (Definitions) is amended by addition of the following: "`Sleeping Room" (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IBC Section 1208 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not.be interpreted as sleeping rooms." K. . Section 1301.1.1 (Criteria) is amended by replacing "International Energy Conservation Code" with the "2009 International Energy Conservation Code." L. Section 1612.3 (Establishment of flood hazard areas) is amended by the insertion of "Town of Firestone" where indicated in [Name of Jurisdiction] and the date of the latest flood insurance study for the town, where indicated in [Date of Issuance]. M. Section 3401.3 (Compliance with other codes) is amended by deleting International Fire Code and inserting in its place "adopted fire code", deleting International Private Sewage Disposal Code, and deleting ICC Electrical Code and inserting in its place "National Electrical Code as adopted by the State of Colorado". N. Appendix J (Grading) is amended by the addition of new sections "1112 Grading Fees" and "J113 Performance Guarantees" which shall read as follows: Section J112 Grading Fees. H12.1 General. Fees shall be assessed in accordance with the.provisions of this section or shall be as set forth in a fee schedule adopted by the Board of Trustees. J112.2 Plan review fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in Table 3 ... J112-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. J112.3 Grading permit fees. A fee for each grading permit shall be paid to the building official as set forth in Table J112-13. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE JII2 A GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m) or less ....................................................... No fee 51 to 100 cubic yards (40 m to 76.5 m).....................................$23.50 101 to 1,000 cubic yards 77.2 m to 764.6 m) ..........................$37.00 1,001 to 10,000 cubic yards 765.3 m3 to 7645.5 m3 .................$49.25 10,001 to 100,000 cubic yards (7646.3 m to 76 455 m )- 09.25 for the first 10,000 cubic yards (7645.5 m3), plus $24.50 for each additional 10,000 yards 7645.5 m3 or fraction thereof. 100,001 to 200,000 cubic yards (76 456 m3 to 152 911 m )-$269.75 for the first 100,000 cubic yards (76 455 m3), plus $13.25 for each additional 10,000 cubic yards 7645.5 m3 or fraction thereof. 200,001 cubic yards (152 912 m) or more-$402.25 for the first 200,000 cubic yards (152 911 m), plus $7.25 for each additional 10,000 cubic yards 7645.5 m3 or fraction thereof Other Fees: Additional plan review required.by changes, additions or revisions to approved plans $50.50 per hour* (minimum charge -one-half hour • Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. TABLE J112-B GRADING PERMIT FEES' 50 cubic yards 38.2 m .or less $23.50 51 to 100 cubic yards (40 m to 76.5 m)...............................$ 37.00 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3)-$37.00 for the first 100 cubic yards (76.5 m3) plus $1.7.50 for each addition al 100 cubic yards (76.5 m)or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m to 7645.5 m3)-$194.50 for the first 1,000 cubic yards (764.6 m3), plus $14.50 for each additional 1,000 cubic yards (764.6 m)or fraction thereof. 10,001 to 100,000 cubic yards (7646.3 m3 to 76 455 m3)-$325.00 for the first 10,000 cubic yards (7645.5 m3), plus $66.00 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 100,001 cubic yards (76 456 m) or more-$919.00 for the first 100,000 cubic yards (76 455 m3), plus $36.50 for each additional 10,000 cubic yards 7645.5 m3 or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours ..................... $50..50 per hour 2 (minimum charge -two hours) 2. Reinspection fees assessed under Section 108.8................ $50.50 per hour 2 3. Inspections for which no fee is specifically indicated..............$50.50 per hour 2 (minimum charge -one-half hour) 'The fee for grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Section J113 Performance Guarantees. The building official may require a performance guarantee in the form of a bond, letter of credit or cash escrow in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. O. Section 3410.2 (Applicability) is amended by the insertion of the effective date of building codes for the town where indicated in [DATE]. Section 3. Section 15.04.040 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.04.040 International Mechanical Code adopted. The International Mechanical Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 5 60478, Chapters 1 through 15 inclusive, is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Mechanical Code include minimum standards relating to the mechanical installations in or in connection with the construction, alteration and repair of new and existing structures including design, construction, installation, quality of materials, locations, operation and maintenance or use of heating, ventilation, cooling refrigeration systems, incinerators and other miscellaneous heat -producing appliances. In all sections of this code where a reference is made to the International Mechanical Code, said reference shall be to the 2012 Edition of said Code. The town clerk shall maintain sufficient copies of the International Mechanical Code as required by law in the Town Hall. Section 4. Section 15.04.050 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.04.050 International Mechanical Code --?amendments. The International Mechanical Code as adopted by the town. is hereby amended as follows: A. Section 101.1(Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section [A] 106.5.2 IMC Section [A] 106.5.2 (Fee Schedule) is amended to read "The fees for work shall be as indicated on the Town fee schedule adopted by the Board.of Trustees." C. Section [A] 106.5.3- IMC Section [A] 106.5.3 (Fee Refunds) is amended by deleting the section in its entirety and replacing the section with the following: "The Town may authorize refunding of any fee paid hereunder that was erroneously paid or collected. The Town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been.done under a permit issued in accordance with this code. The Town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done'. The Town shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment." Section 5. Section,15.04.060 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.04.060. International Plumbing Code adopted. - 6 The International Plumbing Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 13 inclusive, is hereby adopted by reference thereto and incorporated into and made part of the Firestone Municipal Code. The purpose and subject matter of the International Plumbing Code include comprehensive provisions regulating plumbing installations in or in connection with new and existing structures and providinguniform plumbing standards for the purpose of protecting the public health, safety and general welfare. In.all sections of this code where a reference is made to the International Plumbing Code, said reference shall be to the 2012 Edition of said Code. The town clerk shall maintain sufficient copies of the International Plumbing Code as required by law in the Town Hall. Section 6. Section 15..04.070 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.04.070 International Plumbing Code --Amendments. The International Plumbing Code as adopted by the town is hereby amended as follows: A. Section 101.1. (Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section [A] 106.6.2 IPC Section [A] 106.6.2 (Fee Schedule) is amended to read "The fees for work shall be as indicated onthe Town fee schedule adopted by the Board of Trustees." C. Section [A] 106.6.3 IPC Section [A] 106.6.3 (Fee Refunds) is amended by deleting the section in its entirety and replacing the section with the following: "The Town may authorize refunding of any fee paid hereunder that was erroneously paid or collected. The Town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit.for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The Town shall not authorize refunding of any fee paid except on written application filed bythe original applicant not later than 180 days after the date of fee payment." D. Section 305.4.1 (Sewer depth) is amended by filling in both areas where indicated to read "12 inches (305 mm)". 7 E. Section 312.3 (Drainage and vent air test) is amended by deleting the first sentence. F. Section 903.1 (Roof extension) is amended by inserting the number "6" (152.4 mm) where indicated in the second sentence. Section 7. Section 15.04.080 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.04.080 Penalty for Violation. A. It shall be unlawful for any person to do any act which is forbidden or declared to be unlawful or declared to be a nuisance or to fail to do or perform any act required in the Building Code, or for any person to erect, construct, reconstruct, alter, remodel, use or maintain any building, structure or equipment in the Town of Firestone, or cause to permit the same to be done, contrary to or in violation of any of the provisions of the Building Code. Maintenance of any condition which was unlawful at the time it was initiated and which would be unlawful at the time it was installed after the effective date hereof shall constitute a continuing violation. Any person violating any of the provisions of the Building Code shall be deemed guilty of a misdemeanor, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted, and upon conviction of any such violation shall be punishable by the penalty set forth in Section 1.16.010 of the Town Code. B. In addition to any and all other remedies provided by law, the town may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove any unlawful act, erection, construction, reconstruction, alteration, remodeling or use. C. It shall be unlawful for any person to erect, construct, reconstruct, alter, remove or change the use of any building or other structure within the town without first obtaining all permits required by the Building Code. No such permit shall be issued unless the plans for the proposed erection, construction, reconstruction, alteration, removal or use fully conform to the ordinances codified in this title. and in titles 16 and 17 of this code; to the final subdivision plat and final development. plan governing the property for which the permit is requested, and to other applicable regulations ofthe. town. Section 8. Section 15.04.160 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.04.160 International Property Maintenance Code. The International Property Maintenance Code, 2012 Edition as published by the 9 International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 2 inclusive, is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Property Maintenance Code include the provision of just, equitable and practical procedures for the continued maintenance of property. In all sections of this code where a reference is made to the International Property Maintenance Code, said reference shall be to the 2012 Edition of said Code. The town clerk shall maintain sufficient copies of the International Property Maintenance Code as required by law in the Town Hall. Section 9. Section 15.04.170 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.04.170 International Property Maintenance Code --Amendments. The International Property Maintenance Code as adopted by the town is hereby amended as follows: A. Section 101.1(Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section 103.5 (Fees) is amended by deleting the section in its entirety. C. Section 111.2 (Membership of board) is amended by deleting the section in its entirety and inserting the following: "The members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees." D. Section 111.2.1 (Alternate members) is amended by deleting the section in its entirety. E. Section 111.2.2 (Chairman) is amended by deleting the section in its entirety. F. Section 111.2.3 (Disqualification of member) is amended by deleting the section in its entirety. G. Section 111.2.4 (Secretary) is amended by deleting the section in its entirety. H. Section 111.2.5 (Compensation ofinembers) is. amended by deleting the section in its entirety. 9 Section 10. Chapter 15.06 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 15.06 INTERNATIONAL RESIDENTIAL CODE Sections: 15.06.010 International Residential Code adopted. 15.06.020 International Residential. Code --Amendments. 15.06.030 Violation and penalties. 15.06.010 International Residential Code adopted. The .International Residential Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters I through 43 inclusive and Appendix, Chapters G and H, are hereby adopted by reference thereto and incorporated into:and made:a part of the Firestone Municipal Code. The purpose and subject matter of the International Residential Code include comprehensive provisions regulating construction of residential: areas and providing uniform standards for the purpose of protecting the public health, safety and general welfare. In all sections of this code where a reference is made to the International Residential Code, said reference shall be to the 2012 Edition of said . Code. The town clerk shall maintain sufficient copies of the International Residential Code as required by law in the Town Hall: 15.06.020 International Residential Code amendments. The International Residential Code as adopted by the town is hereby amended to read as follows: A. Section R101.1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section R105.1 (Required) is amended by replacing the words "building official" with "town". C.. Section R108.5 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following: "The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has ,been done. under a permit _ issued in accordance with this code. The town may authorize refunding of not more 10 than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment." D. Section 108.6 (Work commencing before permit issuance.)' Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the Town. The fee shall be equal.to 100% of the original building fee in addition to the required permit fees. E. Section R110.4 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentence and replacing it: with "town". F. Section. RI 12.1 (General) is amended by deleting the last three sentences and inserting the following; "The members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees." G. IRC Section R112.3 IRC Section R112.3 (Qualifications) its amended by deleting this section in its entirety. H. Section R202 (Definitions) is amended by addition of the following: "`Sleeping Room" (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IRC Sections R304 and R305 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted -as sleeping rooms." 1. IRC Table R301.2 (1).is filled in to provide the following: ... Table R301.2 (1) Climatic and Geographic Design Criteria Ground Snow Wind Speed Seismic Design Subject to Dama e From Winter Design Ice Shield Underlayment Flood Hazard Air Freezing. Mean Annual. Weathering Frost Termite Load (mph) Category Line Temp Required Index Temp Depth 30 psf. . 90 X B Severe 30 in. Slight to 1 NO Per Town 1000 450F "C" Moderate Ordinance J. Section R302.2 (Townhouses) is amended by replacing "I -Hour fire resistance -rated wall" with "2-Hour fire resistance -rated wall." K. Section R302.2.4 (Structural Independence), Exception 5, is amended to read as follows: "Town houses separated by a common 2-hour fire -resistance rated wall as provided in Section R302.2." L. Section R303.4 (Mechanical Ventilation) is amended by replacing "5 air changes per hour" with "7 air changes per hour" and replacing the words "in accordance with section N 1102.4.1.2" with "in accordance with section 402.4.2.1 of the International Energy Conservation Code 2009 Edition." M. Section R310.1 (Emergency Escape and Rescue Openings) is amended by the deletion of the first paragraph and replacing it with the following: "All windows located in basements, habitable attics and sleeping rooms shall meet all the requirements of section R310.1 through R310.2.2." N. Section R313 (Automatic Fire Sprinkler Systems) is deleted in its entirety and amended to read as follows: "When provided, automatic residential fire sprinkler systems for one and two family dwellings and Townhouses shall be designed and installed in accordance with Section P2904 or NFPA 13D." O. Section R401.2 (Requirements) is amended by the addition of the following: "Foundations shall be designed and the construction drawings stamped by a Colorado registered design professional. The foundation design must be based on an engineer's soils report. The drawings must be noted with the engineering firm name, specific location for design and soils report number. A site certification prepared by State of Colorado registered design professional is required for setback verification on all new Group R Division 3 occupancies:" P. Section R405.1(Concrete and masonry foundations) is amended with the addition of the following after the first sentence: "All foundation drains shall be designed and inspected by a State of Colorado registered design professional." Q. Chapter 11 (Energy Efficiency) is deleted in its entirety and replaced with the 2009 International Energy Conservation Code. R. Section G2415.12 (Minimum burial depth) is amended by the addition of the following: "All plastic fuel gas piping shall be installed aminimum of 18 inches (457 mm) below grade." 12 S. Section G2417.4.1(Test pressure) is amended by changing "3 psig".to "10 psig." T. Section P2503.5.1 (Rough plumbing) is amended by deleting the first paragraph and replacing with "DWV systems shall be tested on completion of the rough piping installation by water or air with no evidence of leakage." U. Section P2603.5.1 (Sewer depth) is amended by filling in both areas where indicated to read "12 inches (305 mm)". V. Section P3103.1 (Roof extension) is amended by filling in both areas where indicated to read "6 inches (152.4 mm)". 15.06.030 Violation and penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the terms of the code adopted and incorporated herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.16.010 of the Town Code. Section 11. Chapter 15.10 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 15.10 INTERNATIONAL EXISTING BUILDING CODE Sections: 15.10.010 International Existing Building Code adopted. 15.10.020 International Existing Building Code —Amendments. 15.10.030 Violation and penalties. 15.10.010 International Existing Building Code adopted. The International Existing Building Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 1L 60478, Chapters 1 through 15 inclusive is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Existing Building Code include the provision of standards for changes of occupancy and alterations or repairs of existing buildings and structures which encourage the continued use or reuse of legally existing buildings and structures. Any reference to the International Existing Building Code within this title shall be to the 2012 Edition of said code. The town clerk shall maintain sufficient copies of the International Existing Building Code- as required by law in the town hall. 15.10.020 International Existing Building Code --Amendments. The International Existing Building.Code as adopted by the town is hereby amended as follows: A. The International Existing Building Code is amended by replacing all references to "International Fire Code" with "adopted fire code". B. The International Existing Building Code is amended by replacing all references to. "ICC Electrical Code" with "National Electrical Code as adopted by the State of Colorado". C. Section '101.1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. D. Section .1301.1 (Conformance) is amended by deleting the section in its entirety and replacing it with the following: "Structures moved into or within the jurisdiction shall comply with the provision of this code for new structures." 15.10.030 Violation and penalties. It shall be unlawful for any person, firm; or corporation to erect, construct,. enlarge, alter, repair, move, improve, remove, convert or demolish., equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the terms of the code adopted and incorporated herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty. provided in Section 1.16.010 of the Town Code. Section 12. Chapter_ 15.12 of the. Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 15.12 INTERNATIONAL FUEL GAS CODE Sections: 15.12.010 International Fuel'Gas Code adopted. 15,12.020 International Fuel Gas Code --Amendments. 14 15.12.030 Violation and penalties. 15.12.010 International Fuel Gas Code adopted. The International Fuel Gas Code, 2006 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 8 inclusive is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Fuel Gas Code include the provision of standards for the design and installation of fuel gas systems and gas fired appliances. Any reference to the International Fuel Gas Code within this title shall be to the 24W2012 Edition of said code. The town clerk shall maintain sufficient copies of the International Fuel Gas Code as required by law in the town hall. 15.12.020 International Fuel Gas Code --Amendments. The International Fuel Gas Code as adopted by the town is hereby amended as follows: A. Section 101.1(Title) is, amended by the addition of the term "Town of Firestone" where indicated: A. Sections 103 (Department of Inspection), 104 (Duties and powers of the code official), 105 (Approval), 106 (Permits), 108 (Violations), and 109 (Means of appeals) are deleted and replaced with the corresponding and applicable provisions contained within Chapter I (Administration) of the International Building Code, as adopted and amended by the Town of Firestone in this Title. B. IFGC Section [A] 106.6.2 (Fee Schedule) is amended to read "The fees for work shall be as indicated on the Town fee schedule adopted by the Board of Trustees." C. Section [A] 106.43 (Fee Refunds) is amended by deleting the section in its entirety and replacing the section with the following: "The Town may authorize refunding of any fee paid hereunder that was erroneously paid or collected. The Town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Town may authorize refunding of not more than 80 percent (801 o) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The Town shall not authorize refunding of any fee paid except on written application file_ d by the original applicant not later than 180 days after the date of fee payment." 15 E. Section 404.12 (Minimum burial depth) is amended by the addition of the following: "All plastic fuel gas piping shall be installed a minimum of 18 inches (457 mm) below grade." F. Section 406.4.1 (Test pressure) is amended by changing "3 psig" to "10 psig." 15.12.030 . Violation and penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the. provisions of this chapter or the terms of the code adopted and incorporated herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.16.010 of the Town Code. Section 13. Chapter 15.36 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 15.36 INTERNATIONAL ENERGY CONSERVATION CODE Sections: 15.36.010 International Energy Conservation Code adopted. 15.36.020 International Energy Conservation Code —Amendments. 15.36.030 Violation and penalties. 15.36.010 International Energy Conservation Code adopted. The International Energy Conservation Code, 2-00& 2009 Edition as published by the International Code Council, West Flossmoor Road, Country Club. Hills, IL 60478, Chapters I through 6 inclusive is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Energy Conservation. Code include provisions that encourage energy conservation through efficiency in envelope design, mechanical systems, lighting systems and the use of new materials and techniques. Any reference to the International Energy Conservation Code within this title shall be to the 200b 2009 Edition of said code. The town clerk shall maintain sufficient copies of the International Energy Conservation Code as required by law in the town hall. 15.36.020 International Energy Conservation Code —Amendments. 4 The International Energy Conservation Code as adopted by the town is hereby amended as follows: A. The International Energy Conservation Code is amended by replacing all references to "International Fire Code" with "adopted fire code". B. The International Energy Conservation Code is amended by replacing all references to "ICC Electrical Code" with "National Electric Code as adopted by the State of Colorado'. C. Section 10 1. 1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. 15.36.030 Violation and penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the terms of the code adopted and incorporated herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.16.010 of the Town.Code. Section 14. The provisions of this ordinance shall take effect on February 1, 2014. Section 15. 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 16. 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 117. 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 forthe .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 AND ORDERED PUBLISHED on the day of ; 2013. 17 ORDINANCE NO.S AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 15.52 OF THE FIRESTONE MUNICIPAL CODE CONCERNING FLOODPLAIN REGULATION WHEREAS, the Town of Firestone is a statutory town organized under and pursuant to the laws of the State of Colorado and has authority pursuant to state law, including Title 31, Article 23, and Title 29, Article 20, Colorado Revised Statutes, to adopt floodplain regulations; and . WHEREAS, Chapter 15.52 of the Firestone Municipal Code (FMC) sets limits on development in designated flood zones and describes procedures for approval of such development; and WHEREAS, controlled development in designated flood zones is necessary to protect the safety of persons and property; and WHEREAS, state and federal agencies .issue regulations requiring certain elements be present in. local floodplain development codes; and WHEREAS, the Town's floodplain development code must be updated to meet the state and federal requirements; and WHEREAS, the floodplain development regulations enacted by this ordinance meet state and federal requirements, and will improve safety for persons and property.in the Town; and . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 15.52 of the Firestone Municipal Code is hereby repealed and _ reenacted with amendments to read as follows: 1 CHAPTER 15.52 Floodplain Regulations Sections: 15.52.010 Authorization, 15.52.020 Definitions. 15.52.030 Findings of fact. 15.52.040 Provisions --Purpose. 15.52,050 Provisions --Generally. 15.52.060 Provisions --Greater restrictions to apply. 15.52,070 'Provisions --Interpretation. 15.52.080 Provisions --Applicability. 15.52.090 Special flood hazard areas --Basis for establishment. 15.52.100 Flood hazard reduction --General standards. 15.52,110 Flood hazard reduction --Specific standards. 15.52.120 Floodways. . 15.52.125 Critical facilities. 15.52.130 Floodplain Development Permit. 15.52.140 Local administrator --Designation. 15.52.150 Local administrator --Powers and duties. 15:52,160 Variance procedure. 15.52.170 Liability --Disclaimer. 15.52.180 Violation --Penalties.. 15.52:010: Authorization: The Legislature of the State of Colorado has in Title .31, Article 23 of the Colorado Revised. Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. In addition, the Legislature of the State of Colorado has, in Title 29, Article 20 of the Colorado Revised Statutes, delegated.the responsibility. of local governmental units to adopt regulations designed to minimize flood issues. Therefore, the town board ordains as set_ out in this chapter. 15.52.020 Definitions. Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. 1. "100-YR Flood" means a flood having a recurrence interval that has.a one percent (1%) chance of being equaled or exceeded during any given year. 2. "100-YR Floodplain" means the area of land susceptible to being inundated as the result of the occurrence of a 100-YR Flood. 3. "Appeal" means a request for review of the local administrator's interpretation of any provision of this chapter or a request for a variance. 2 4. "Area of shallow flooding" means a designated Zone AO or AH on the flood insurance rate map (FIRM). 5. "Area of special flood hazard" means the land in the floodplain subject to a one percent or greater chance of flooding in any given year as shown on the flood insurance rate map (FIRM). 6. 'Base Flood Elevation (BFE)" means the elevation shown on the flood insurance rate map (FIRM) that indicates the calculated water surface elevation resulting from a 100-YR Flood. 7. "Basement" means any area of a building having its floor below ground level on all sides. . 8. "Channel" means the physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries. 9. "Critical Facility" means a structure or related infrastructure, but not the land on which it is situated, as specified in Section 15.52.125, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. See Section 15.52.125. 10. "Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. 11. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. 12. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of water. from natural and manmade channels or reservoir spillways from storm water runoff; b. The unusual and rapid accumulation or runoff of surface waters. from any source; or c. Mudslides or mudflows that occur from excess surface water'that is combined with soil that is sufficiently fluid so as to flow over the surface of normally dry land areas. 13. "Flood insurance rate map" (FIRM) means the official map prepared by FEMA for the National Flood Insurance Program (NFIP) on which FEMA has been delineated both the areas of speciai.flood hazards and the risk premium zones applicable to the community. 14. "Flood insurance study" means the official report provided in which FEMA has provided flood. profiles, as well as the flood boundary floodway map and water surface elevation -of the base flood. 15. "Floodproofed or Floodproofing". means any combination of structural or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, and their contents. 16. "Letter of Map Revision (LOMR)" means an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. 17. "Letter of Map Revision Based on Fill (LOMR-F)" means FEMA's modification of the Special Flood Hazard Area shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. 18. "Levee" means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. 19. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement) used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination. thereof. This includes any floor that could be converted to such a use such as a basement or crawl space.. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered.a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirement of Section 60.3 of the National Flood insurance Program regulations. 20. "Manufactured home" means a single-family dwelling which: a. Is partially or entirely manufactured in a factory; b. Is not less than twenty-four feet in width and thirty-six feet in length; c. is installed on an engineered permanent foundation; d. Has brick, wood or cosmetically equivalent exterior siding and a pitched roof; and e. Is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. §5401 et seq., as amended, and such certification is confirmed prior to the issuance.of a building permit..: 21. "Mean sea level" means, for purpose of the . National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's.flood insurance rate map are referenced. 22. "Mobile home" means a structure, transportable in one section, which is eight body feet or more in width and is thirty-two body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein, and bears the insignia of approval of the Division of Housing of Colorado and has not been altered since receiving such approval. 23. "New manufactured home park or manufactured subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading 4 or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of the ordinance codified in this section. 24. "Regulatory Floodplain" means the 100-YR Floodplain, the area of land susceptible to being inundated as the result of the occurrence of a 100-YR Flood. 25. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (F) for FEMA regulated floodways that were defined before November 17, 2010, or without cumulatively increasing the water surface elevation more than six inches (6") for studies conducted after November 17, 2010. Letters of Map Revision (LOMR) or Letters of Map Revision Based on Fill (LOMR-F) for a floodway defined prior to November 17, 2010 shall not cumulatively increase the water surface elevation more than one foot (I'). 26. "Remedy any violation" means to bring the structure or other developmentinto compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. 27. "Special Flood Hazard Area" shall mean the. land identified on a FEMA FIRM subject to the 100- Year Floodplain and areas removed from the FEMA FIRM 100-YR Floodplain by a FEMA Letter of Map Revision Based on Fill (LOMR-F). 28. "Start of construction" includes substantial improvement and means the date the building permit was issued, provided that . actual start of construction, repair, reconstruction, placement, or other' improvement was within one hundred eighty days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such :as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 29. "Structure" means a walled and roofed building, a mobile home, a manufactured home, or a gas or liquid storage tank, that is principally above ground. 30. "Substantial improvement means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either: a. Before the improvement or repair is started; or b. If the structure has been damaged and is being restored, before the damage occurred. 5 For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affected the external dimensions of this structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a structure listed on the. National Register of Historic Places or a state . inventory of historic places. 31. "Variance" means a grant of relief from the requirements of this chapter when specific enforcement would result in an unnecessary hardship. A variance, therefore, permits construction in a manner that would otherwise be prohibited by this chapter. .32. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in NFIP Standards Sections 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) is presumed to be in violation until such time as that documentation is provided. 33. "Watercourse" means an open channel; naturally occurring or manmade, which conveys stormwater runoff from a higher elevation to a lower elevation and discharges into a primary riv.erine system. 34. "Water surface elevation" means the height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 15.52.030 , Findings of fact. A. The. special flood hazard areas of the town are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by the. cumulative effect of obstructions in special flood hazard areas which increase flood elevations and velocities, and when inadequately anchored, damage uses in other areas. Uses in special flood hazard areas thatare inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 15.52.040 Provisions ---Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and :private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; 6 B. To minimize expenditure of public money for costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expenses of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public and private facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; G. To ensure that potential buyers are notified that property. is in an area.of special flood hazards; and H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 15.52.050 Provisions --Generally. In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due to flood or erosion hazards, or which result in damaging increases in erosion or in flood elevations or velocities; B. Requiring that uses vulnerable to. floods, including facilities which serve such uses, be protected. against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters; D. Controlling filling, grading, dredging and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divertfloodwaters or which may increase flood hazards in other areas. 15.52.060 Provisions --Greater restrictions to apply. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and any other ordinance, .easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. .15.52.070 Provisions --Interpretation. In the interpretation and application of this chapter, all provisions shall be: A. Considered as minimum requirements; 7 B. Liberally construed in favor of the town and in furtherance of the purposes of this chapter; and C. Deemed neither to limit nor repeal any. other powers granted under state statutes. 15.52.080 Provisions --Applicability. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the town and areas removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) within the town. 15.52.090 Special flood hazard areas --Basis for establishment. The areas of special flood hazard within the corporate limits of the town are identified by the Federal Emergency Management Agency (FEMA) through the National Flood Insurance Program (NFIP) on Flood Insurance Rate Maps (FIRM) or Digital Flood Insurance Rate Maps (DFIRM). 15.52.100 Flood hazard reduction --General standards. In all areas of special flood hazards the following standards are required: A. Anchoring. 1. All new construction and substantial improvements to any structure shall be anchored to prevent flotation, collapse or lateral movement and to withstand hydrodynamic loads. B. Construction Materials and Methods. . 1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 2: All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 3. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one - square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom.of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided: that they permit the automatic entry and exit of floodwaters. C. Utilities. 1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. 8 2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. 3. On -site waste disposal systems shall be located to avoid. impairment to .them or contamination from them during flooding. 4. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. D. Development Plans and Subdivision Proposals. 1. All final development plans and subdivision proposals shall be consistent with the need to minimize flood damage. 2. All final development plans and subdivision proposals shall have public and private utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 3. All final development plans and subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 4. Base flood elevation data shall be provided for final development plans and subdivision proposals whenever the base flood elevation has been determined. Without limiting the foregoing, base flood elevation data shall be generated for final development plans and subdivision proposals which include the placement of manufactured home parks or subdivisions of greater than 50 lots or 5 acres, whichever is less. (Ord. 237 §5(part), 1987; Ord. 134 §1(part), 1979; prior code §10-40(1)) . 5. No final development plan or subdivision plat shall be recorded with any residential Iot or parcel located totally or partially in a special flood hazard area not modified by a LOMR-F. b. Any final development plan or subdivision plat for non-residential development where any parcel that allows for the construction of any structure shall require the structure to be outside of the special flood hazard area not modified by a LOMR-F prior to the issuance of a building permit. 15.52.110 Flood hazard reduction --Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 15.52.090 the following standards are required: A. Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basements, electrical, heating, ventilation, plumbing, a -id. air conditioning equipment, elevated to at least one foot (l') above base flood elevation. 1. It is required that, within any AO and AH zone on. the FIRM, all new. construction and substantial improvements of residential structures have the lowest floor, including basement, electrical, heating, ventilation, plumbing, and air conditioning equipment elevated at least one foot (Y) above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least three feet (3') if no depth number is specified). .9 2. It is required that, within zones AO and AH, there be adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures... 3. The new construction or substantial improvement shall be certified by a registered Colorado Professional Engineer, Architect, or Land Surveyor prior to issuance of a certificate of occupancy. B. Nonresidential Construction. New construction and substantial improvement of any commercial, office, industrial or other nonresidential structures shall either have the lowest floor, including basements, electrical, heating, ventilation, plumbing, and air conditioning equipment elevated to at least one foot (1') above base flood elevation or, together with attendant utility and sanitary facilities, shall be floodproofed so that one foot (1') above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and have structural components. capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Further: 1. It is required that, within any AO and AH zone on the FIRM, all new construction and substantial improvements of nonresidential structures shall either have the lowest floor, including basement, electrical, heating, ventilation, plumbing, and air conditioning equipment elevated at least one foot (l') above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least three feet (3') if no depth number is specified) or, together with attendant utility and sanitary facilities, shall be designed so that one foot (1') above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and have structure components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 2. It is required that, within zones AO and AH, there be adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. 3. The new construction or substantial improvement shall be certified by a registered Colorado Professional Engineer or Architect for compliance with these regulations prior to issuance of a certificate of occupancy. . C. Mobile and Manufactured Homes. 1. All mobile and manufactured homes or those to be substantially improved shall be elevated on a permanent concrete foundation. such that the lowest floor of the manufactured home is at least one foot (I') above the base flood elevation and is securely anchored to an adequately anchored foundation system. 2. Except as provided in this subsection, all dwellings shall be constructed on a permanent concrete foundation which foundation shall have the following minimum characteristics: a.. It shall.be constructed to be below estimated frost depth. b. The foundation shall be located directly below not less than ninety percent of the outside perimeter of the first floor building wall: c. The foundation shall be at a minimum eight inches in thickness. 10 3. All mobile homes, manufactured homes and other dwelling structures located within the flood plain shall have flood vents and such other flood hazard reduction components as are requited by applicable FEMA regulations. 4. The new construction or substantial improvement shall be certified by a registered Colorado Professional Engineer, Architect, or Land Surveyor for compliance with these regulations prior to issuance of a certificate of occupancy. D. Recreational Vehicles. All recreational vehicles placed on site_ s within Flood Hazard Zones Al-30, AH, and AE shall either: 1. Be on site for fewer than 180 consecutive days; 2. Be fully licensed and ready for highway use; or 3. Meet the requirements for a mobile or manufactured home listed in Section 15.52.110.C. E. Alteration of a Watercourse. Any alteration of an existing watercourse within the special flood hazard area that increases or decreases the base flood elevation by more than three tenths of one foot (0.30') shall be followed with a LOMR to document the change. Any alteration of a watercourse shall comply with all requirements of FEMA and the Colorado Water Conservation Board. In addition: 1. If the invert of a watercourse is to be altered it shall include a low flow channel to convey base flows. To avoid disturbance of existing' wetlands, alterations of watercourses should avoid modification of the invert; 2. Alterations to existing watercourses shall be designed such that velocities are non -erosive based on the soil type or shall include soil anchoring materials that will resist erosion; 3. In special flood hazard areas with a FEMA designated base flood elevation, the watercourse alteration shall not increase the..floodway depth, whether a floodway has been identified on the FIRM or not. If a floodway analysis is required it shall be performed by a Colorado Registered Professional Engineer, 4. Any alteration of a watercourse shall include provisions for required maintenance; and 5. Any alteration of a watercourse shall be designed by a Colorado Registered Professional Engineer. Construction drawings for the alteration of watercourse .shall be sealed by a Colorado. Registered Professional Engineer. 15.52.120 Floodways. Located within areas of special flood hazard established in Section 15.52.090 are areas that may also be designated as floodways. Since the floodway is an extremely hazardous area due to. the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: A.. Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 15.52.100 and 15.52.110. 15.52.125 Critical facilities. A critical facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of .the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. A. Classification of critical facilities. It is the responsibility of the town board to identify and confirm that specific structures meet the following criteria: Critical facilities are classified under the following categories: (a) Essential Services; (b) Hazardous Materials; (c) At -risk Populations; and (d) Vital to Restoring Normal Services. 1. Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines. These facilities consist of: a. Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage; and, emergency operation centers); b. Emergency medical (hospitals, ambulance service centers, urgent care centers .having emergency treatment functions, and non -ambulatory surgical structures but excluding clinics, doctors' offices, and non -urgent care medical structures that do not provide these functions); . c. Designated emergency shelters; d. Communications (main hubs for telephone,'broadcasting equipment for cable systems, satellite dish systems, cellular systems,: television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables; and conduits); e. Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and f. Air Transportation lifelines (airports (municipal and larger), .helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars). Specific exemptions to this category include wastewater treatment plants (WWTP), nen- potable water treatment and distribution systems, and related appurtenances. Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the town board that the facility is an element of a redundant system for which service will not be interrupted. during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside 12 of the 100-year floodplain or are compliant with the provisions of this title, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the town on an as - needed basis upon request. 2. Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water -reactive materials. These facilities may include: a. Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing); b. Laboratories containing highly volatile, flammable, explosive, toxic and/or water -reactive materials; c. Refineries; d. Hazardous waste storage and disposal sites; and e. Above ground gasoline or propane storage or sales centers. Facilities shall be determined to be critical facilities if they produce or store materials in excess of threshold limits.. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to:keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place, AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be.a critical facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. § .1910 (2010) are incorporated Herein by reference and include the regulations in existence at the time of the promulgation this ordinance, but exclude later amendments to'or editions of the regulations. Specific exemptions to this category include:' i. Finished consumer products within: retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use. ii. Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the town) that a release of the subject hazardous material does not pose a major threat to the public. . iii. Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products. These exemptions shall not apply to buildings or other structures that also function as critical facilities under another category outlined in this section. 13 3. At -risk population facilities include medical care, congregate care, and schools. These facilities consist of: a. Elder care (nursing homes); b. Congregate care serving 12 or more individuals (day care and assisted living); and c. Public and private schools (pre-schools, K-12 schools), before -school and after -school care serving 12 or more children); 4. Facilities vital to restoring normal services. including government operations. These facilities consist of: a. Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers); and b. Essential structures for public colleges and universities (dormitories, offices, and classrooms only). These facilities may be exempted if it is demonstrated to the town. board that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the .100-year floodplain or are compliant with this chapter, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the town on an as -needed basis upon request. B. Protection for critical_ facilities. New construction or substantial improvement of a Critical Facility shall, when practicable, have continuous non -inundated access during a' 100-YR event flood and shall either: 1. Be located outside of the special flood hazard area; or 2. Set the elevation of the lowest floor, including basements, electrical, heating, ventilation, plumbing, and air conditioning equipment, to at least two feet (2') above the base flood elevation: C. Ingress and egress for new critical facilities. New critical facilities shall, when practicable as determined by the town, have continuous non -inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event. 15.52.130 Floodplain Development Permit. A..: A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 15.52.090. Application for a floodplain development 14 permit shall be made in a form acceptable to the town and may include, but not be limited to; improvement plans drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the limits of the regulatory floodplain. All floodplain development permit applications shall be accompanied by an application fee in an amount set by resolution of the town board. B. Specifically, the following information is required: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all new or substantially improved structures; 2. Elevation in relation to mean sea level to which any new or substantially improved_ non-residential structure that has been or will be floodproofed; ... . 3. Certification by a registered Colorado professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 15.52.110(B); 4. Description of the extent to which any watercourse will..be altered or relocated as a result of proposed development. C. Applications will be reviewed to determine if the following relevant factors are addressed: 1. The danger to life and property due to flooding or erosion damage; 2. The susceptibility of the proposed improvement or development to flood damage; .3. The danger .that flooding can cause materials or debris to be swept onto other property to the injury of others; 4. The safety of access to the property.in times of flooding by ordinary and emergency vehicles; 5. Undue burden on municipal services during and after flood conditions; and b. The availability of an alternative location outside of the special flood hazard area. 15.52.140 Local administrator —Designation: The town clerk is appointed as the local administrator to administer and implement this chapter by granting or denying floodplain development permit applications in accordance with its provisions. 15.52.150 Local administrator —Powers and duties. Duties of the local administrator shall:include; but not be limited to; . A. Review all floodplain development permits to determine that the permit requirements of this chapter have been satisfied; B. Review allfloodplain development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; C. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 15.52.120(A) are met; D. When base flood elevation data has not been provided in accordance with Section 15.52.090, the local administrator shall obtain, review and reasonably utilize any base elevation and floodway data available from a federal, state or other source, in order to administer Sections 15.52.110; E. Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) . of all new or substantially improved structures, and whether or not the structure contains a basement; F. For all new substantially improved floodproofed structures: 1. Verify and record the actual elevation (in relation to mean sea level to which the structure has been floodproofed), and 2. Maintain the floodproofing certifications required in Section 15.52.130(13)(3); G. Maintain for public inspection all records pertaining to the provisions of this chapter; H. Notify the Colorado Water Conservation Board and adjacent communities prior to any alteration or relocation of a riverine watercourse, and submit evidence of such notification to FEMA I. Ensure that the flood carrying capacity of an altered or relocated watercourse.is maintained; J. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location 'of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.52.160. 15.52.160 Variance procedure. A. Appeal: Board. 1. The board of adjustment asestablished by the town shall hear and decide appeals and requests for variances from therequirementsof this chapter. 2. The board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter. 3. Those aggrieved by the decision of the board of adjustment may appeal such decision to the district court, as provided by Colorado statutes. 4. In passing upon such applications, the board of adjustment shall consider all technical evaivation3, all relevant factors, standards specified in other sections of this chapter, and: a.. The danger that materials may be swept onto other lands to the injury of others; 16 b. The danger of life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed. facility to the community; e. The necessity to the facility of waterfront location, where applicable; f. The availability of alternative locations for the proposed uses which are not subject to flooding or erosion; g. The compatibility of the proposed use with existing and anticipated development; h. The relationship of the proposed use to the comprehensive plan and floodplain management program of that area; i. The -safety of access to the property in times of flood for ordinary and emergency vehicles; J. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities andfacilities such as sewer, gas, electrical and water systems, and streets and bridges. 5. Upon consideration of the factors of subdivision 4 of this subsection of this section and the purposes of this chapter, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. 6. The board of adjustment shall maintain the records of all appeal actions, including technical information and report any variances to FEMA upon request. B. Conditions for Variances. 1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing . structures constructed below the base flood level, providing subparagraphs a through k of subsection A(4) of this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 2. Variances may be issued for the reconstruction,. rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set .forth in the remainder of this section. 3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 5. In addition to the other requirements in this section, variances shall only be granted upon: a. A showing of.good and sufficient cause; . b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection A(4) of this section, or conflict with existing local laws or ordinances. 5. Any applicant to whom a variance is granted shall. be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevations and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 15.52.170 Liability --Disclaimer. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the town, any board, commission, officer or employee thereof or the Federal Emergency Management Agency, for any flood damages that result .from reliance on this chapter or any administrative or other decision lawfully made thereunder. 15.52.180 Violation --Penalties. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation of this code. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than nine hundred ninety-nine dollars or imprisoned for not more than one year, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing contained in this chapter shall prevent the town from taking such other lawful action as is necessary to prevent or remedy any violation. 18 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 l t day of2013. �,Rl<sroN� TOWN OF FIRESTONE, COLORADO TOWN rnl p Chad Auer SEAL J p Mayor ATTEST: OQ�i1/TY, • rissa Me ma Town Clerk 19 DEPARTMENT OF NATURAL RESOURCES COLORADO WATER CONSERVATION BOARD RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO COLORADO WATER CONSERVATION BOARD DEPARTMENT OF NATURAL RESOURCES TABLE OF CONTENTS Rule Title Pages 1 Rules and Regulations for Regulatory Floodplains in Colorado 3 2 Authority 3 3 Purpose and Scope 3 4 Definitions 4 5 The State Regulatory Floodplain 11 6 Critical Facilities 12 7 Standards for Delineation of the Regulatory Floodplain Information 15 8 Standards for Regulatory Floodways 18 9 Criteria for Determining the Effects of Flood Control Structures on Regulatory 19 Floodplains 10 Criteria for Determining the Effects'of Levees on Regulatory Floodplains 21 11 Floodplain Management Regulations 23 12 Effects of Flood Mitigation Measures and Stream Alteration Activities on 23 Regulatory Floodplains 13 Process for Designation and Approval of Regulatory Floodplains : 25 14 Designation and Approval of Changes to Regulatory Floodplains 26 15 Variances 27 16 Enforcement of Floodplain Rules and Regulations 28 17 Incorporation by Reference 29 18 Severability 29 19 Recommended Activities for Regulatory Floodplains 29 20 Effective Date 31 Note: Statement of Basis and Purpose follows last page of Rules 2 RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO Rule 1. Title: The formal title of the previous Rules and Regulations was "Rules and Regulations for the Designation and Approval of Floodplains and of Storm or Floodwater Runoff Channels in Colorado" as approved in 1988. The title for these Rules and Regulations was revised in 2005 to 'Rules and Regulations for Regulatory Floodplains in Colorado," and amended here under the same title (referred to herein collectively as the "Rules" or individually as "Rule"). These Rules supersede both the 2005 and the 1988 Rules. Rule 2. Authority: These Rules are promulgated pursuant to the authority granted the Colorado Water Conservation Board (Board or CWCB) in sections 24-4-103, 24-65. 1 -101 (1)(c)(1), 24-65.17202(2)(a)(I); 24-65.1-302(2)(a), 24-65.1-403(3), 30-28-111(1)-(2), 31-23-301(1)— (3), 37-60-106(1), 37-60-1.66(1)(c)—(g), 0), (k), C.R.S. (2010). Rule 3. Purpose and Scope: A. Purpose. The purpose of these Rules is to.provide uniform standards for regulatory floodplains (or floodplains) in Colorado, to provide standards for activities that may impact regulatory floodplains in Colorado, and to stipulate the process by which floodplains will be designated and approved by the CWCB. Rules for Regulatory Floodplains are of statewide concern to the State of Colorado and the Colorado Water Conservation Board in order to prevent flooding and the negative impacts of floods; as well as to assure public health, safety, welfare and property.by limiting development in floodplains. These Rules will also. assist the CWCB and communities in Colorado to develop sound floodplain management practices and implement the National Flood Insurance Program (NFIP). These Rules shall apply throughout the State of Colorado, without regard to whether a community participates in the National Flood Insurance Program. These Rules shall also apply to activities conducted by state agencies and to Federal activities that are fully or partially financed by state funds. These Rules also apply to projects or studies for which the Board has made a loan or grant pursuant to sections 37-60-120(2) and 37-60-121(1)(b)(V1I), (IX)(C). B. Scope (1) Zoning. These Rules apply to all floodplain information developed for zoning and for floodplain permitting purposes for waterways in the State of Colorado by, but not limited to, individuals, corporations, local government agencies, regional government agencies, state government agencies, Indian tribes, and federal government agencies. (2) Subdivisions. These Rules generally apply to the local approval of subdivision drainage reports that provide 100-year floodplain information. Local governments. should ensure that site -specific floodplain delineations, intended for regulatory purposes when they are prepared, for development activities are consistent with floodplain information designated and approved by the Board. (3) Dam Failure floodplain. These Rules do not apply to the identification of the area potentially inundated by the catastrophic or sudden failure of any man-made structure such as a dam, canal, irrigation ditch, pipeline, or other artificial channel. Rule 4, Definitions: The following definitions are applicable to these Rules and Regulations for Regulatory Floodplain in Colorado: Term Definition 100-year Flood A flood having a recurrence interval that has a one - percent chance of being equaled or exceeded during any given year (I -percent-annual-chance-flood). The terms "one -hundred -year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every one hundred years. 100-year Floodplain The area of land susceptible to being inundated as a result of the occurrence of a one -hundred -year flood. 500-year Flood A flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2 -percent-chance-annual -flood). The term does not imply that the flood will necessarily happen once every five hundred years. 500-year Floodplain The area of land susceptible to being inundated as a result of the occurrence of a five -hundred -year flood. Addition Any activity that expands the enclosed footprint or increases the horizontal square footage of an existing structure. Alluvial Fans A fan -shaped sediment deposit formed by a stream that flows from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet flood, channel avulsions and other stream processes. Approximate Floodplain Floodplain information that significantly reduces Information the level of detail for topographic mapping or hydraulic calculations to arrive at. Floodplain delineations without a comparison of water surface profiles with a topographic map of compatible accuracy. The level of detail for hydrology is consistent with that of detailed floodplain information. 4 Base Flood Is synonymous with 100-year flood and is a flood having a one percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE) The elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, Al-A30, AR, AR/A, AR/AE, AR/AI-A30, ARJAH, ARAAO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. Basin . The total land surface area from which precipitation is conveyed or carried by a stream or system of streams under the force of gravity and discharged through one or more outlets. Channel The physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries. Channelization The artificial creation, enlargement or realignment of a stream channel. Code of Federal Regulations (CFR) The codification of the general and permanent Rules published in the Federal Register by the executive departments and agencies of the: Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. Colorado Floodplain.and The Manual prepared by the CWCB to aid local Stormwater Criteria Manual officials and engineers in the proper regulation and design of flood protected facilities. The Manual is advisory, rather than regulatory, in purpose. Community Any political subdivision in the state of Colorado that has authority to adopt and enforce floodplain management regulations through zoning, including, but not limited to, cities, towns, unincorporated areas in the counties, Indian tribes and drainage. and flood control districts. Conditional Letter of Map Revision (CLOMR) FEMA`s comment on a proposed project, which . does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain. Critical Facility or Critical Facilities Means a structure or related infrastructure; but not the land on.which it.is situated, as specified in Rule 6, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. See Rule 6. Debris Flow Movement of mud, water, and other materials downward over sloping terrain. The flow typically consists of a mixture of soil, rock, woody debris and water that flows down steep terrain. Designation and Approval Certification by formal action of the Board that technical information developed through scientific study using accepted engineering methods is suitable for local governments making land use decisions under statutorily authorized zoning powers. Detailed Floodplain Information Floodplain information prepared utilizing topographic base mapping, hydrologic analysis, and hydraulic calculations to arrive at precise water surface profiles and floodplain delineations suitable for making land use decisions under statutorily authorized zoning powers. Development Any man-made changes to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining;.dredging, filling, grading, paving, excavation or drilling operations. DFIRM Database Digital Flood Insurance Rate Map (DFIRM) Database (usually spreadsheets containing data and analyses that accompany DF1RMs). The FEMA Mapping Specifications and Guidelines outline requirements for the development and maintenance of DFIRM databases. - FEMA digital floodplain map. These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes. Federal Register The official 'dai ly publication for Rules, proposed Rules, and notices of Federal agencies and organizations, as well as executive orders. and other presidential documents. FEMA Federal:Emergency Management Agency. FEMA Guidelines & Specifications Floodplain mapping specifications published by for Flood Hazard Mapping Partners FEMA. The FEMA Guidelines and Specifications for Flood Hazard Mapping Partners (2009) are incorporated herein by reference and available for viewing at www.fema.gov/thm/dl_Cgs.shtm and for inspection at the CWCB offices at 1313 Sherman Street, Room.721, 6 "Flood" or "Flooding" Flood Contour Flood Control Structure Flood Insurance Rate Map (FIRM) Flood Mitigation Project Floodplain Floodplain Management Denver CO 8020. The regulations may also be examined at any state or federal publications depository library. The FEMA Mapping Specifications and Guidelines incorporated herein by reference are only those in existence at the time of the promulgation of these Rules and Regulations for Regulatory Floodplains in Colorado and do not include later amendments.to or editions of the incorporated material. A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of water from channels and reservoir spillways; 2. The unusual and rapid accumulation or runoff of surface .waters from any source; or 3. Mudslides or mudflows that occur from excess surface water that is combined . with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current. A line shown on a map joining points of equal elevation on the surface of floodwater that is perpendicular to the direction of flow. A physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. A FIRM_ is the official map of a community on which FEMA has delineated both the special hazard areas and the risk premium zones applicable to the community. A project within or adjacent to a flooding source that is specifically intended to reduce or eliminate the negative impacts caused by excessive floodwaters through improvement of drainage, flood control, flood conveyance or flood protection. . The area of land that could be inundated as a result of flood, including the area of land over which floodwater would flow from the spillway of:a reservoir. The operation of an overall program. of corrective and preventive measures for reducing flood damage, including, but not limited to, zoning or land -use . 7 regulations, flood control works, and emergency preparedness plans. Floodplain Management Regulations Zoning ordinances, subdivision regulations, building codes, health regulations, land -use permits, special purpose ordinances (floodplain ordinance, grading ordinance, or erosion control ordinance) and other applications of regulatory powers. The term describes state/local regulations that provide standards for flood damage preservation and reduction. Floodplain Maps Maps that show in 'a plan view the horizontal boundary of floods of various magnitudes or frequencies. Such maps include, but are not limited to, Flood Hazard Boundary Maps (FHBM), Flood Insurance Rate Maps (FIRM), and .. Digital Flood Insurance Rate Maps (DFIRM) published by FEMA, Flood Prone Area Maps published by the U.S. Geological Survey (USES), Flooded Area Maps :published by the U. S. Army Corps of.Engineers (COE), Floodplain In Reports published by the CWCB or others, Flood Hazard Area Delineations .(FHAD) published by the Urban Drainage and Flood Control District (UDFCD), and other locally adopted floodplain studies and master plans. Floodplain Studies A formal presentation of the study process, results, and technical support information developed for floodplain maps. . Floodway The channel of a river or other watercourse and the adjacent land areas that must be kept free of obstructions in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Foreseeable Development The potential future development of, or changes in, the land uses that are likely to take place during the period of time covered by a community's adopted master land use plan or comprehensive community plan, or if no time period is specified, over a 20-year period. If there is no adopted community plan, then potential development patterns based on zoning, annexations, and other relevant factors should be evaluated. Freeboard The vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a 8 selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed. Geographic Information Computer software that utilizes databases and Systems (G.I.S.) terrain mapping to store and display spacial and tabular data, such as floodplains, as layers (e.g. political boundaries, roadways, structures, topographic information) for natural resource management and other uses. Hydraulic analysis The determination of flood elevations and velocities for various probabilities based on a scientific analysis of the movement and behavior of floodwaters in channels and overbank areas. Hydrologic Analysis The computation of the peak rate of flow, or discharge in cubic feet per second, for various selected probabilities for streams, channels, or watersheds based on a scientific f analysis of the physical process. Letter of Map Revision (LOMR) An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. Letter of Map Revision Based on Fill (LOMR-F) FEMXs modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. Levee An artificial structure or land feature that has been designed and is operated, wholly or in part, for the purpose of containing, controlling, or diverting the flow of water. Low Impact Development (LID) Development design/construction strategy that maintains_ the predevelopment hydrologic regime to the extent possible. The goal of LID is to mimic the natural runoff hydrograph as much as practicable in terms of magnitude, frequency, duration, timing, and rate of change of stream flows. LID focuses on small scale stormwater retention and detention, reduced impervious areas, and increased runoff periods. Material Safety Data Sheet (MSDS) A form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety; it is intended to 9 provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner; and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill -handling procedures. Mitigation The process of preventing disasters or reducing related hazards. Structural Mitigation, includes, but is not limited to, flood proofing structures, diverting floodwaters, detention ponds, floodwalls or levees. Nonstructural Mitigation includes, but is not limited to, education, planning, and design of flood prevention measures, emergency preparedness plans, elevating relocating structures, purchasing property for open space, or early flood warning detection systems. National Flood Insurance FEMA's program of flood insurance coverage Program (NFIP) and floodplain management administered in conjunction with the Robert T. Stafford Disaster Relief. and Emergency Assistance Act. The NFIP has applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in.1968 with the passage of the National Flood Insurance Act of 1968. Post -Wildfire Hydrology Methodologies and calculations developed to account for. the increased stormwater runoff following forest fires. Post -wildfire hydrology is typically evaluated every 3 to 5 years to assess the need for further revision based on watershed recovery, forest re -growth, and other factors. Provisionally Accredited Levee (PAL) Regulatory Floodplain Residual Risk A levee that FEMA has previously credited with providing protection from a 1-percent-chance-annual flood on an effective FIRM or DFIRM, for which FEMA is awaiting data and/or documentation that will show the Levee's compliance with Levee certification requirements of the NFIP regulations. Floodplain Maps, Profiles, and related information for flood hazard areas that have been designated and approved by the CWCB. See Rule 5. The threat to the areas behind levees that may still be at risk for flooding. Although the probability of flooding may be lower because a levee exists, the consequence to personal safety and property is much higher should a levee overtop or fail. Stream Alteration Activity Any manmade activity within a stream or floodplain that alters the natural channel, geometry, or flow characteristics of the stream. Substantial Change Threshold Planning Quantity (TPQ) Any improvement to, or rehabilitation. due to damage of, a structure for which the activity performed equals or exceeds 50% of the pre -improvement or pre -damaged value of the structure. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. A.quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the State that such facilities are subject to emergency planning requirements. Topography Configuration (relief) of the land surface elevation; the graphic delineation or portrayal of that configuration in map form, as by lines of constant elevation called contour lines. Use Change Any change in the primary use of a facility. Water Surface Profile A graph that shows the relationship between the vertical elevation of the top of the floodwater and of the streambed with the horizontal distance along the stream channel. Rule 5. Regulatory Floodplain: The Regulatory Floodplain in Colorado. is the 100-year floodplain. However, the CWCB will Designate and Approve 500-year floodplain information but only at the written request of a local authority having land use jurisdiction. In addition, previously designated floodplain areas that have been removed from FEMA's effective regulatory floodplain by a Letter of Map Revision based on Fill (LOMR-F) shall remain within the Regulatory Floodplain for all activities affected by Rule I I(c). All Designated and Approved Regulatory Floodplain information can be used by local authorities having land_ use jurisdiction for the purpose of local regulation. The General Assembly has deemed the designation of floodplains a matter of statewide importance and interest and gave the CWCB the responsibility for the designation of Regulatory : Floodplains and to assure protection of public health, safety, welfare and property by protecting development in the Regulatory Floodplains. §§ 24-65.1-101, 24-65.1- 202(2)(a)(I), 24-65.1-302(1)(b), (2)(a), 24-65.1-403(3), 24-65.1-404(3). 11 Rule 6. Critical Facilities: A. Classification: Critical Facilities are classified under the following categories: (1) Essential Services; (2) Hazardous Materials; (3) At -risk Populations; and (4) Vital to Restoring Normal Services. (1) Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities , and transportation lifelines. These facilities consist of: a. Public safety (police stations, fire. and rescue stations, emergency vehicle and equipment storage, and, emergency operation centers); b. Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non -ambulatory surgical structures but excluding clinics, doctors offices, and non -urgent care medical structures that do not provide these functions); c. Designated emergency shelters; d. Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits); e. Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and f. Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars). Specific exemptions to this category include wastewater treatment plants (WWTP), Non -Potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.. Owners of these facilities are encouraged to meet the spirit of Rule 6(D) when practicable in order to protect their own infrastructure and to avoid system failures.during extreme flood events. Emergency restoring plans following major flood events should be considered as a prudent addition to operation and maintenance plans for those facilities. Public utility plant facilities may be exempted if it is demonstrated to the satisfaction of the local authority having jurisdiction that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with this rule, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the local.authority on an as -needed basis upon request by that local authority. 12 (2) Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water -reactive materials. These facilities may include: a. 'Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing); b. Laboratories containing highly volatile, flammable, explosive, toxic and/or water - reactive materials; c. Refineries; d. Hazardous waste storage and disposal sites; and e. Above ground gasoline or propane storage or sales centers. Facilities shall be determined to'be Critical Facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place, AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a Critical Facility. The TPQ for these chemicals is: either 500.pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under.40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS), or 10,000. pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010), available at http:l/www.access.gpo.gov/nara/cfr/waisidx_03/40efr3O2_o3.html, and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010), available at http://www.access.gpo.gov/nara/cfr/waisidx_99/29cfrl910_99.htm11 are incorporated herein by reference and include the regulations in existence at the time of the promulgation of these Rules, but exclude later amendments to or editions of the regulations. Specific exemptions to this category include: a) Finished consumer products within retail centers and households containing hazardous. materials. intended for household use, and agricultural products intended for agricultural use. b) Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional. (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public. c) Pharmaceutical. sales, use, storage, and distribution centers that do not manufacture pharmaceutical products. These exemptions shall not apply to buildings or other structures that also function as Critical Facilities under another category, outlined in this Rule 6(A). (3) At-riskpopulationfacilities include.medical care, congregate care, and schools. 13,. These facilities consist of: a. Elder care (nursing homes); b. Congregate care serving 12 or more individuals (day care and assisted living); c. Public and private schools (pre-schools, K-12 schools), before -school and after - school care serving 12 or more children); (4) Facilities vital to restoring normal services including government operations. These facilities consist of. - a. Essential government operations (public records, courts, jails, buildingpermitting and inspection services, community administration and management, maintenance and equipment centers); b. Essential structures for public colleges and universities (dormitories, offices, and classrooms only); These facilities may be exempted if it is demonstrated to the satisfaction of the local authority having jurisdiction that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this rule, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the local authority on an as -needed basis upon request by that local authority. B. Identification of Critical Facilities. It is the responsibility of the local jurisdiction having land use authority to identify and confirm that specific structures in their community meet the criteria outlined in Rule 6(A) and are deemed to be Critical Facilities. All structures that clearly meet the intent of Rule 6 shall be deemed Critical Facilities by that jurisdiction. For those structures for which it is unclear or otherwise ambiguous if the criteria are met, the local jurisdiction shall have the sole discretion to determine if.the structure is a Critical Facility. Local jurisdictions may adopt ordinances that regulate to higher standards or that include additional facilities within the definition of Critical Facilities. Critical Facilities that are also designated as historic structures (determinations by the State Historic Preservation Office) are exempt from these requirements. Pursuant to section 24-65.1-202(2)(a)(I)(A), C.R.S. (2010), open space activities such as agriculture, horticulture, floriculture, recreation, and mineral extraction, including oil and gas activities, shall be encouraged in the floodplain, and are exempt as Critical Facilities unless provisions within Rule 6(A)(2) apply. Required identification of Critical Facilities shall be limited to owner -occupied structures. Local jurisdictions may, at their sole discretion, include leased facilities in their identification of Critical Facilities. C. 500-year Flood Events. The CWCB acknowledges that flooding does occur above and beyond 100-year (1% annual chance) events. Communities are encouraged to regulate development of Critical Facilities within the 500-year floodplain, when available. 14 D. Protection of Critical Facilities. All new and Substantially Changed Critical Facilities, and new Additions to Critical Facilities, shall be regulated to a higher standard than those structures not determined to be Critical Facilities. Local jurisdictions having land use authority are encouraged to consult with the owner of the Critical Facility in determining the value of the Critical Facility when a Substantial Change is being considered. This Rule 6 shall be applied to a Use Change if the new use meets the provisions within Rule 6(A). Further, although Rule 6 shall apply to new Additions made at Critical Facilities, it shall only apply to the new Additions, and not the Critical Facility to the extent the Critical Facility existed prior to the amendment of these Rules. The higher standard for Critical Facilities shall be as follows: For Critical Facilities located within the 100-Year Floodplain, the structure shall be protected according to Rule I I (B) herein, with the exception of a freeboard of two feet substituted for the standard one -foot freeboard. The International Building Code (2006) and Flood Resistant Design and Construction (ASCE 24) (2005) can be used as reference tools for this standard, but are not incorporated by reference herein. For the purposes of this Rule 6(D), protection shall include one of the following: a) Location outside the Regulatory Floodplain; or b) Elevation or Flood -proofing of the structure so that it is protected to the level indicated in this Rule 6(D). Unimproved lands associated with a Critical Facility that lie within a regulatory floodplain shall not be subject to this requirement, until future development takes place on those lands. Likewise, if an undeveloped portion of a facility's property lies within a Regulatory Floodplain, but the developed portion of that facility lies outside of the Regulatory. Floodplain, then that facility shall not be classified as a Critical Facility. All other rules and regulations governing structures not deemed Critical Facilities remain in effect and unchanged. E. Ingress and Egress. for New Critical Facilities shall, when practicable as determined by the local jurisdiction having land use authority, have continuous non -inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event. This criterion is also recommended, but not required, for changes to existing Critical Facilities and use changes involving existing structures whose classification changes to Critical Facilities. F. For all Critical Facilities, the Variance procedure outlined in Rule 15 herein remains available and may be considered when deemed necessary and appropriate by the local - jurisdiction having land use authority over the Critical Facility. Rule 7. Standards for Delineation of Regulatory Floodplain Information: A. Intent of this Rule. This Rule contains standards for approximate and detailed floodplains. All floodplain information intended to be used by local jurisdictions for the purpose. regulating flood hazard areas, with the exception of local stormwater drainage reports, i5 CLOMR, LOMR, and LOMR-F subinittals, and supporting documentation submitted to FEMA, shall be provided to the CWCB for designation and approval in order to enable local governments to regulate floodplains appropriately. The standards in this rule reference, and incorporate herein, the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners. Whenever such a reference is made, it includes the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners material inexistence at the time of the promulgation of these Rules, but excludes later amendments to or editions of the material. B. Level of Detail. (1) Approximate Floodplain Information will be based on detailed hydrology computed for 100-year floods. Hydraulic information shall be produced using approximate; field, or limited techniques and best available topographic/survey data. (2) Detailed Floodplain Information will be based on detailed hydrologic and hydraulic determinations for 100-year floods Flood profiles and floodplain delineations for 100-year flood and other frequencies, if any, shall be.plotted, preferably using a digital method. The CWCB shall designate. and. approve 100-year floodplain information, and 500-year information but only at the request of a local authority having land use jurisdiction. C. Base Mapping. Base mapping for floodplain studies shall meet the minimum standards as set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as incorporated herein by reference: D. Topography and Surveys. Topographic and field survey information for floodplain studies. shall meet the minimum standards as set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as incorporated herein by reference. E. Geographic Information Systems (GIS). GIS information for floodplain studies in Colorado shall meet the minimum standards as set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as incorporated herein by reference. F. Hydrology. Hydrologic analyses for floodplain studies in Colorado shall be completed using the information set forth in FEMA.Guidelines and Specifications for Flood Hazard Mapping Partners, as incorporated herein by reference. The Colorado Floodplain and Criteria Manual may be used as a reference document to aid in this analysis. In addition, hydrology studies must comply with the following: Y gY p Y g: (1) All floodplain studies, regardless of the level of detail, (e.g., approximate or detailed) shall utilize detailed hydrologic information. The CWCB recognizes existing and future watershed conditions for the purposes of computing.flood . hydrology. The CWCB may evaluate future watershed conditions, in addition to existing conditions when Foreseeable Development is expected. (2) Any new study to evaluate hydrologic information and/or design storm. criteria shall be completed in such a way_ that it is scientifically defensible and technically reproducible. (3) All jurisdictions and communities affected by revised hydrologic data, due to their geographic proximity to the affected stream reach within a particular watershed, 16 G. ICl are encouraged to participate in the update process, and shall be given the opportunity by the study sponsor to review and comment on the revised information. Opponents to the revised information may present technically accurate and sound scientific data to the CWCB. that clearly demonstrates that the information in question is inaccurate pursuant to Rule 12. The CWCB shall make the final determination regarding disputes. (4) Within any given watershed, or hydrologic subregion, consistency in hydrologic data and runoff methodology shall be pursued to the extent possible through cooperation of all affected jurisdictions and entities. Detailed Hydraulic Method. Hydraulic analyses for floodplain studies in Colorado shall be completed using protocols set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as incorporated herein.by reference. Floodplain Delineations. Floodplain delineations shall be completed using protocols set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as incorporated herein by reference, and shall, at a minimum, comply with the technical quality assurance standards as follows: (1) The flood elevations and the floodplain delineations on the maps must correlate reasonably to the best available topographic information for the stream and adjacent corridor and must meet an acceptable level of technical accuracy. (2) The planimetric features on the floodplain maps (including, but not limited to, streets and highways, stream centerlines, bridges and other critical hydraulic features, corporate limits, section lines and corners, survey benchmarks) must be consistent with the best available aerial photographs or other suitable information for the stream and the adjacent corridor, as determined through prevailing industry practices, and must meet an acceptable level of technical accuracy. Special Floodplain Conditions. There are a number of special floodplain conditions; or natural flood hazards, in Colorado that fall outside of the standard riverine environment.. Studies for the 100-year flood involving special conditions shall be completed using protocols set forth in FEMA Guidelines and Specifications for Flood Hazard Mapping Partners, as incorporated herein by reference. The special conditions are: (1) Alluvial Fan and Debris Flow floodplains located within foothill and mountainous regions of Colorado shall be considered on.a case -by -case basis. (2) Post -wildfire hydrology shall be evaluated on a case -by -case basis in forested areas immediately following moderate to intense wildfires resulting in approximately 15% or greater burn area of the affected watershed. Interim flood advisory maps, based on burned watershed conditions; shall be produced at the request. of the local governing authority or by Board initiative. The interim floodplain maps shall show increased runoff from hydrophobic soils and lack of vegetation.. The post -wildfire maps shall be evaluated every 3 to 5 years to assess the need for further revision based on watershed recovery, forest re -growth, and other factors. (3) Ice jam flooding shall be considered within stream reaches where this phenomenon: is known to occur: Ice jam flooding may be analyzed utilizing methodologies 17. available through the U.S. Army Corps of Engineers Cold Regions Research and Engineering Laboratory (CRREL), located in Hanover, New Hampshire.. J. Written reports and maps. The results of the hydrologic analyses, hydraulic analyses, and floodplain delineations shall be summarized in a written report and submitted to the CWCB. All Approximate and Detailed Floodplain Information that is presented to the CWCB for designation and approval shall be properly titled, dated, organized, and bound as a stand-alone document. In addition to the hard copy final report, the CWCB requires that a digital copy of the final report be submitted in MS Word and PDF formats. All pertinent technical backup data such as GIS files, and hydrologic and hydraulic models shall also be provided to the CWCB in acceptable digital formats. The CWCB shall electronically distribute to interested parties, to the extent possible, pertinent study information. Access to original GIS information shall be provided to local governments and other authorized users through a secure and protected website or other secure means. (I} The Regulatory Floodplain maps shall show, at a minimum, the flood boundaries, the.:location of all cross_ sections used in the hydraulic analysis,.the reference line drawn down the center of the floodplain or low flow channel, and a sufficient number of flood contours in order to reconstruct the floodwater surface profiles. (2) New Physical Map Revisions requested by local jurisdictions or involving local .jurisdictions should include detailed 500-year floodplain information. when practicable. (3) Flood contours, or Base Flood Elevations, shall be shown as wavy lines drawn perpendicular to the direction of flow of floodwater and shall extend completely across the area of the mapped Regulatory Floodplain. Each flood contour shall indicate its elevation to the nearest whole foot. (4) The Regulatory Floodplain map scale shall be 1-inch equals 1000 feet or such, map . scale showing greater detail. FEMA map panels may also be published at 1 inch.. equals 500 feet, l inch equals 1,000 feet or I inch equals 2000 feet. (5) Where discrepancies appear between Regulatory Floodplain maps and water. . surface profiles, any regulatory water surface profile designated and approved by the Board shall take precedence over any corresponding flooded area map for the same stream reach or site location, unless a profile error is identified and substantiated. K. Contractor Qualifications (1) Qualified engineers licensed in Colorado shall direct or supervise the floodplain mapping studies and projects pertaining to the Regulatory Floodplain. All floodplain maps, reports and project designs pertaining to the Regulatory Floodplain, except those prepared by federal agencies, shall be certified and sealed by the Colorado Registered Professional Engineer of record. (2) Federal agencies or other recognized and qualified government authorities may produce floodplain mapping work as a study proponent or on behalf of a study proponent. Rule S. Standards for Regulatory Floodways: 18 :. A. Establishment of Floodway Criteria, The CWCB recognizes that Designated Floodways are administrative limits and tools used by communities to regulate existing and future Floodplain developments within their jurisdictions. This Rule S(A) does not require communities to automatically map % foot floodways within their jurisdictions. However, at such time when floodways are to be delineated through Physical Map Revisions involving local government participation, communities shall delineate floodways for the revised reaches based on '/z-foot rise criteria. Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation. Until such time that floodways are revised and designated, communities may continue to regulate their mapped one -foot floodways. For reaches where a transition must be shown to connect new studies to existing studies with different floodway criteria, the transition length shall not exceed 2,000 feet. B. Designation of floodways. Designation and approval of Floodplain information shall also include the designation and approval of corresponding Floodway Information. For waterways with Base Flood Elevations for which Floodways are not computed, the community shall apply a Moot floodway regulation according to its own determination, as outlined in FEMA Regulation 44 C.F.R. § 60.3(c)(10) (2010),incorporated herein by reference, for a 1-foot floodway. This reference is available at http://www.access.gpo.gov/nara/cfr/waisidx 02/44cfr60_02.html, and is hereby incorporated by reference into this Rule and includes the material in existence at the time of the promulgation of these Rules, but does not include later amendments to or editions of this incorporated material C. Incorporation of FEMA's Floodway Regulations. All regulations defined in the FEMA regulations ".Criteria for Land Management and Use," 44 C.F.R. § 60.3(c)(I0), (d) (2010) available at http:/Iwww.access.gpo.gov/nara/cfr/waisidx_02/44cfr60_02.html, are hereby incorporated by reference into this Rule and includes the material in existence at the time of the promulgation of these Rules, but does not include later amendments to or editions of this incorporated material. All communities participating in the National Flood Insurance Program that have Base Flood Elevations defined for one or more of the waterways within their jurisdictions shall adopt and enforce these floodway regulations. Failure to enforce floodway regulations may impact the community's standing in the National Flood Insurance Program and may eliminate or reduce eligibility for federal or state financial assistance for flood mitigation and disaster purposes. D. Communities in Which This Rule Applies. Communities with Regulatory Floodplains that have been Designated and Approved by the CWCB with Base Flood Elevations defined for one or more of the waterways within their jurisdictions shall be required to establish technical (quantified) surcharge criteria for floodway determination and regulation, which must meet or exceed the requirements set forth in this Rule. This Rule shall not apply in communities without Base Flood Elevations established, unless otherwise adopted by the community. This Rule shall not apply to approximate stream reaches for which Base Flood Elevations have not been defined. Rule 9. Criteria for Determining the Effects of Flood Control Structures on Reuulatory Floodulains: 19 A. For the purposes. of this Rule, local and regional hydraulic structures providing local or regional flood or stormwater detention, shall be considered to be "Flood Control Structures." There are no separate criteria for these structures. B. Flood Control Structures. If a publicly operated and maintained structure is specifically designed and operated either in whole or in part for flood control purposes, then its effects shall be taken into consideration when delineating the floodplain below such structure. The effects of the structure shall be based upon the 100-Year Flood with full credit given to the diminution of peak flood discharges, which would result from normal Flood Control Structure operating procedures. The hydrologic analysis pertaining to State Regulatory Floodplains shall consider the effects of on -site detention for rooftops, parking lots, highways, road fills, railroad embankments, diversion structures, refuse embankments (including, but not limited to, solid waste disposal facilities), mill tailings, impoundments, siltation ponds, livestock water tanks, erosion control structures, or other structures, only if they have been designed and constructed with the purpose of impounding water for flood detention and are publicly operated and maintained. For the purposes of this Rule, Public operation and maintenance may include direct responsibility or ultimate responsibility through written agreement. Detention structures that are privately operated or maintained shall not be included in the hydrologic analysis unless it can be shown that they exacerbate downstream peak discharges. C. Non -Flood Control Structures. If a structure is not specifically designed and operated, either in whole or in part, for flood control purposes, then its effects, even if it provides inadvertent flood routing capabilities that reduce the 100-Year Flood downstream, shall not . be taken into account; and the delineation of the Floodplain below such structure shall be based upon the 100-Year Flood that could occur absent the structure's influence. However, if adequate assurances have been obtained to preserve the flood routing capabilities of such structure, then the delineation of the Floodplain below the structure may, but need not, be based on the assumption that the reservoir formed by the structure . .. will be filled to the elevation of the structure's emergency spillway and the 100-Year hydrology can be routed through the reservoir to account for any flood attenuation effects. D. Adequate Assurances. For the purposes of this Rule 9 "adequate assurances" shall, at a minimum, include appropriate recognition in the community's adopted master plan of. (1) the flood routing capability of the reservoir, as shown by comparison of the 100-Year Floodplain in plan and profile with and without the structure in place, in order that the public may be made aware of the potential change in level of Flood protection in the event that the reservoir flood routing capability is lost; (2) the need to preserve that flood routing capability by whatever means available in the event that the reservoir owners attempt to make changes that would decrease the flood routing capability; and (3) a complete operations and maintenance plan. E. Irrigation Facilities. The CWCB recommends that irrigation facilities (including, but not limited to, ditches and canals) not be used as stormwater or flood conveyance facilities, unless specifically approved and designated by local governing jurisdictions and approved by the irrigation facility owners. The flood conveyance capacity of irrigation facilities shall 20 be acknowledged only by agreement between the facility owners and local governing jurisdictions, with review and concurrence from the Colorado Division of Water Resources to ensure that water rights administration needs are properly considered. A maintenance easement or agreement shall be in place allowing the local government maintenance access if needed. Unless specified otherwise by aforementioned written agreement, flood hydrology for State Regulatory Floodplain mapping purposes shall consist of peak hydrologic flows that are identical immediately downstream and immediately upstream of a ditch or canal that is generally perpendicular to the stream or drainageway of interest. The irrigation facility shall be assumed as running full so that there are no computed flood reduction benefits downstream of the irrigation facility. Backwater behind irrigation facilities shall be mapped. The CWCB will designate and approve 100-Year 1loodplain information for irrigation facilities if the above recommendations are met. This Rule is not intended in any way to interfere with Colorado water law. Rule 10. Criteria for Determining Effects of Levees on Regulatory Floodplains: General. The use of levees for property protection, flood control, and flood hazard mitigation is not encouraged by the CWCB, unless other mitigation alternatives are not viable. The areas landward of an accredited levee and Provisionally Accredited Levee (PAL) system shall be mapped as Zone X (shaded). The Digital Flood Insurance Rate Maps (DFIRMs) for these areas will include an informational note that advises users of the flood risk in levee -impacted areas. In situations where levees are the only viable alternative for protection of existing development, "setback" levees should be designed and constructed to maintain the natural channel and reserve a portion of the natural floodplain capacity. Levees should not be used for flood protection along streams or watercourses where new development is planned. However, levees may be used to protect public utility plant facilities for wastewater treatment and pumping as well as electric power plants due to their close proximity to natural waterways. For existing levees that protect existing development, proper maintenance should be performed by levee owners/operators, or non- federal sponsors in the case of federal levees, according to an operations and maintenance plan. Levees should not be constructed for the primary purpose of removing undeveloped lands from mapped floodplain areas for the purposes of developing those lands because of the potential impairment of the health, safety, welfare and property of the people. Design and construction of levees identified for this purpose will not be eligible for CWCB grants or loans. When constructed, levees for which protection will be considered for designation and approval must meet the requirements set forth in "Mapping of Areas Protected by Levee Systems,"44 C.F.R. § 65.10 (2010). Artificial embankments that either function as a Levee or a Flood Control Structure must meet the provisions of this Rule or "Office of the State Engineer Rules and Regulations for Dam Safety and Dam Construction," 2 C.C.R. § 402-1 (2010), respectively, in order to be considered as providing protection. 44 C.F.R. § 65.10 (2010), available at http://www.access.gpo.govinaralcfr/waisidx_02/44cfr65_02.html, and 2 C.C.R. § 402-1 (2010), available at http://water.state.co.us/pubs/rule_reg/ds_rules07.pdf, 21 A. are hereby incorporated by reference and include the incorporated material in each in existence at the time of the promulgation of these Rules, but do not include later amendments to or editions of either. Maintenance. An Operating and Maintenance manual that ensures continuing proper function of the structure shall be prepared and updated. The levee shall be structurally sound and adequately maintained. Sedimentation effects shall be considered for all levee projects. Certification from a federal agency, state agency, or a Colorado Registered Professional Engineer that the levee meets the minimum freeboard criteria, as stated above, and that it appears, on visual inspection, to be structurally sound and adequately maintained shall be required on a three-year basis and provided to the CWCB. Levees that have . obvious structural defects or that are obviously lacking in proper maintenance shall not be considered in the hydraulic analysis. B. Ownership. Privately -operated or maintained levee systems will not be considered in the hydraulic analysis performed pursuant to Rule 7 unless a local ordinance mandates operation and maintenance of the levee system and the criteria set forth below are met. Levees for which the community, State, or. Federal government has responsibility for operations and maintenance will be considered, provided that the criteria set forth below are in Privately -owned levee systems shall only be considered in the hydraulic analysis if a fully executed agreement exists between the levee owner and a governmental entity enabling unrestricted access to the governmental entity for the purposes of inspection and maintenance and gives the governmental entity responsibility for maintenance. A copy of the executed agreement shall be provided to the Board and the Board shall be notified in writing of any changes made to this agreement. C. Freeboard. A minimum levee'freeboard of 3 feet shall be necessary, with an additional 1- foot of freeboard within 100 feet of either side of hydraulic structures within the levee or wherever the flow is constricted,such as at bridges. An additional 0.5-foot above this minimum is also required at the upstream end of the levee. D. Interior Drainage. In cases where levees are mapped as providing 100-year protection the adequacy of interior drainage systems, on the landward side of the levee, shall be evaluated. Areas subject to flooding from inadequate interior drainage behind levees will be mapped using standard procedures. E. Human Intervention and Operation. In general, evaluation of levees shall not consider human intervention (e.g., capping of levees by sandbagging, earth fill, or flashboards) for the purpose of increasing a levee's.design level of protection during an imminent flood. Human intervention shall .only be considered for the operation of closure structures (e.g., gates or stop logs) in a levee system designed to provide at least I00-year flood protection, including adequate Freeboard as described above, provided that such human operation is specifically included in an emergency response plan adopted by the community. F. Analysis. For areas protected by a levee providingless than 100-year protection (e.g., 10- year protection), flood elevations shall be computed as if the levee did not exist. For the unprotected area between the levee and the source of flooding,the elevations to be shown shall be. obtained from either the flood profile that would exist at the time levee s overtopping 22 begins or the profile computed as if the levee did not exist, whichever is higher. This procedure recognizes the increase in flood elevation in the unprotected area that is caused by the levee itself. This procedure may result in flood elevations being shown as several feet higher on one side of the levee than on the other. Both profiles shall be shown in the final report and labeled as "before levee overtopping" and "after levee overtopping" respectively. Rule 11. Floodplain Management Regulations: A. Compliance with Minimum Standards of the National Flood Insurance Program. Each community in the State of Colorado shall comply with the minimum floodplain criteria set forth in the FEMA regulation"Criteria for Land Management and Use,"44 C.F.R. §§ 60.3-60.5 (2010), unless more restrictive standards have been adopted as set forth in Rules 1 through 20 of these Rules and Regulations for Regulatory Floodplains in Colorado or pursuant to regulations adopted by the local community. These Rules do not apply to local stormwater or local storm drainage studies where riverine flooding sources are not considered. 44 C.F.R. §§ 60.3-60.5 (2010) available. at http:llwww.access.gpo.gov/nara/cfr/waisidx_02/44efr60 02.htmi, are hereby incorporated by reference and include the material in existence at the. time of the promulgation of these Rules, but do not include later amendments to or editions of the material. B. Minimum Freeboard. A minimum freeboard of one foot above the 100-year flood elevation (Base Flood Elevation) shall apply to structures in the floodplain as follows: (1) Residential Structures. New and Substantially Changed residential structures, and Additions to existing residential structures shall be constructed with the lowest floor, including basements, placed with a minimum of one foot of freeboard above the Base Flood Elevation. (2) Non-residential Structures. New and Substantially Changed non-residential structures, and Additions to existing non-residential structures shall be constructed with the lowest floor, including basements, placed with a minimum of one foot of . freeboard above the Base Flood Elevation, or be flood -proofed to an elevation at least one foot above the Base Flood Elevation. Agricultural structures shall be exempt from this requirement. .. Critical Facilities shall be regulated according to Rule 6.D. This rule does not affect the freeboard requirement for levees described in Rule 1 Q.C. C. Permit Restrictions far Properties Removed from the Floodplain by Fill. No Community shall issue a permit for the construction of a new structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F) with a floor elevation placed below the base flood elevation with one foot of freeboard that existed prior to the placement of fill. Issuance of any such permit shall constitute a violation of these Rules. Critical Facilities are exempted from this restriction if the facility is protected according to Rule 6.13 herein. Rule 12. Effects of Flood Mitigation Measures and Stream Alteration Activities on Regulatory Floodplains• -_ 23 In order to assist the CWCB in carrying out its mission to protect the health, safety, welfare and property of the public, through the prevention of floods in Colorado, the CWCB requires the following: A. Detention/flood control storage and LID should be considered, when practicable, as part of a basinwide program for the watershed. B. Flood control channels shall include a low -flow channel with a capacity to convey the average annual flow rate, or other appropriate flow rate as determined through a hydrogeomorphological analysis, without excessive erosion or channel migration, with an adjacent overbank floodplain to convey the remainder of the 100-year flow. The channel improvement shall not cause increased velocities or erosive forces upstream or downstream of the improvement. C. Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed geomorphological analysis should be considered, when appropriate, to assist in determining the most appropriate design. Project proponents for a mitigation activity must evaluate the residual 100-year floodplain. Proponents are also encouraged to map the 500-year residual floodplain: D. All public and private Flood Control Structures shall be maintained to ensure that they retain their structural and hydraulic integrity. Annual inspections including, as appropriate, field surveys of stream cross -sections, shall demonstrate to the appropriate regulatory jurisdictions that the project features are in satisfactory structural condition, that adequate flow capacity remains available for conveying flood flows, and that no encroachment by vegetation, animals, geological processes such as erosion, deposition, or migration, or by human activity, endanger the proper function of the project. If any significant problems, as identified within annual inspection reports, , the facility or project owner shall notify the CWCB within 60 days of the inspection. The inspections shall be conducted by the local jurisdiction for all publicly owned or publicly maintained facilities, and shall be conducted by the property owner or facility owner for all privately owned and maintained facilities. E. Any stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable federal, state and local floodplain rules, regulations and ordinances. F. Any stream alteration activity shall be designed and sealed by Colorado Registered Professional Engineer or Certified Professional Hydrologist. G. All activities within the regulatory floodplain performed by federal agencies using local or state funds, or by private, local or state entities shall meet. all applicable federal, state and local floodplain requirements. H. Stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a Colorado Registered 24 Professional Engineer, that there are .no adverse floodway impacts resulting from the project. This requirement only applies on stream reaches with Base Flood Elevations established. I. No adverse floodway impact means that there is a 0.00-foot rise in the proposed conditions compared to existing conditions floodway. J. Whenever a Stream Alteration activity is known or suspected to increase or decrease the established Base Flood Elevation in excess of 0.3 vertical feet (or a more stringent standard adopted by the local government authority), a Letter of Map Revision showing such changes shall be obtained in order to accurately reflect the proposed changes on FEMA's regulatory floodplain map for the stream reach. The local community is responsible for ensuring that this process is pursued. This section herein does not require a Conditional Letter of Map Revision (CLOMR) to be applied for, unless mandated by the local government having land use authority. Rule 13; Process for Designation and Approval of Regulatory Floodplains: A. Designation and Approval Requirements. The Board will designate and approve Regulatory Floodplains by the adoption of written resolutions based only upon such floodplain information as the Board determines meets the standards set forth in Rule 7, as applicable, with consideration of the effects of dams and levees. being subject to the criteria or Rules 9 and 10, respectively and any mitigation activity in Rule 12, B. Base Flood. 1.00-year floodplain information shall generally be the basis for all designation and approval actions by the Board for regulatory purposes in Colorado. However, the CWCB will designate and approve 500-year floodplain information but only at the written request of a local authority having land use jurisdiction. C. Provisional Designation. The CWCB may designate and approve, on a provisional basis and for a maximum period of time not to exceed two years, floodplain information that does not meet the minimum requirements as set -forth in Rule 7. D. Process for Taking Designation and Approval Actions. The Board shall consider the designation and approval of floodplain information either by request of a community or by acting on its own initiative. (1) Consideration at a Community's Request. The Board shall consider designation and approval of floodplain information upon written request from the governing body of any community having jurisdiction in the area where the floodplain information is applicable. The letter of request shall identify the report title, date, author or agency which prepared the report, stream name(s), upstream and downstream limits of the stream reach(es) to be designated, stream length(s) in miles, type of designation requested (detailed or approximate), and any other relevant information. The Board shall receive such a request at least 30 days prior to the Board meeting at which consideration of designation and approval is requested. 25 (2) Consideration at the Board's initiative. If designation and approval of a floodplain would be in the best interest of the health, safety, welfare and property of the citizens of the State of Colorado, then the Board may take action at its own initiative to consider the designation and approval of floodplain information. In such cases, the Board shall notify the affected communities in writing at the time of study initiation or, in the case of a previously completed study, the Board shall receive concurrence in writing from the affected community at Ieast 45 days prior to the Board meeting at which it will consider the designation and approval of .floodplain information within their jurisdiction. (3) Notification of Adopted Resolutions. The CWCB shall send signed copies of each adopted resolution of designation and approval to the applicable local legislative bodies of each community having jurisdiction over land -use decisions in the study area and to FEMA within 30 days of adoption. Rule 14. Designation and Approval of Changes to Regulatory F000dplains: When changes are made to the characteristics of a floodplain that result in a revision of a community's Flood Insurance Rate Maps or Flood Hazard Boundary Maps (and a subsequent designation of the new map), the Board will designate and approve changes to the regulatory floodplain caused by development, new or better technical information, or other sources. The CWCB will designate the changed floodplains by adopting written resolutions based upon such floodplain information as the Board determines meets the standards set forth in Rules 6-12. In the event that a community is aware of and has access to better available information on a previously designated flooding source, then the CWCB allows for that undesignated information to be used for regulatory purposes. A. Conditions. All changes to designated floodplains shall meet the same conditions as those: required for original approval and designation. - - B. Process for Designation and Approval of Changes to a Regulatory Floodplain. The Board may consider the designation and approval of floodplain information either by request of a community or by acting on its own initiative. (1) Consideration at a Community's Request. The Board shall consider designation and approval of changes to a regulatory floodplain upon written request from the governing body of any community having jurisdiction in the area where the floodplain information is applicable. The Board staff shall receive such requests at least 30 calendar days prior to the Board meeting at which consideration of designation and approval is requested. (2) Consideration at the Board's Initiative. If designation and approval of a floodplain would be in the best interest of the health, safety, welfare and property of the citizens of the State of Colorado, then the Board may take action at its own initiative to consider the designation and approval of floodplain information. In such cases, the Board shall notify the affected communities in writing at the time of the study initiation or, in the case of a previously completed study, the Board shall receive concurrence in writing from the affected community at least 45 days prior to the Board meeting at which it will consider the designation and approval of floodplain information within their jurisdiction. 26 (3) Notification of Adopted Resolution. The CWCB shall send signed copies of each adopted resolution of designation and approval of changes to a regulatory floodplain to the applicable local legislative bodies of each community having jurisdiction over land -use decisions within the limits of the changed floodplain within 30 calendar days of designation and approval. C. Identification of Designations of Changes to a Regulatory Floodplain. The designation of the changes to the regulatory floodplain will be given a reference identification number that will differentiate the changed designation from the original. It is implied that designations to changes to a regulatory floodplain will only rescind the affected portions of the previously designated floodplain information. All other unaffected reaches will remain as originally designated. D. Map Revisions to Flood Insurance Rate Maps or Flood Hazard Boundary Maps. Floodplain map revisions (e.g., FEMA Letters of Map Revision) will be designated twice annually by the CWCB during a regularly scheduled Board meeting and will not be subject to a full technical review by the CWCB staff. Rule 15. Variances: A. Consideration by local jurisdiction. Request for a variance to any of these Rules may be considered by the local jurisdiction having land use authority , provided the entity or individual requesting the variance has submitted a written request to the appropriate authority. A notice of the Request must be provided to any adjacent communities that would be affected by the variance. B. Contents of a Request for Variance. The request for a variance shall identify- (1) The Rule from which the variance is requested; (2) The communities that would be affected by the variance; (3) The reasons why the Rule cannot. be complied with; (4) The estimated difference in water surface elevations, flood velocities and flood boundaries that would result if the requested variance were granted than if the calculations were made through strict compliance with the Rule; (5) The estimated number of people and structures that will be impacted by granting of the variance; and (6) Any other evidence submitted by the community, the CWCB staff, or other party of interest. C. Factors to be considered. Variances may be issued if it can be determined that: (1) There is a good and sufficient cause; and (2) The variance is the minimum necessary, considering the flood hazard, to afford relief; and (3) Failure to grant the variance would result in exceptional hardship to the community or the requestor and that the hardship is not the community's or requestor's.own making; and 27 (4) The granting of a variance will not result in increased vulnerability to flood losses, additional threats to public safety and welfare, extraordinary public expense, create nuisances, cause fraud or victimization of the public, hide information of significant interest to the public or conflict with existing local laws or regulations. (5) In lieu of items C(1) through C(4) above, a local jurisdiction having land use authority may, at its sole discretion, use an established variance procedure. D. Variance Process. Variance requests shall be processed as follows: (l) Local jurisdictions having land use authority shall render, confirm, modify, or reject all variance requests pertaining to these Rules. (2) The Board may review local variance decisions on a case -by -case basis to ensure that the overall intent and spirit of these Rules are properly considered at the local level. (3) Informal. variance determination request may be presented to CWCB staff in order to guide community officials or project applicants as to whether a formal variance would be needed on a case by case basis. Rule 16. Enforcement of Flood lain Rules and Regulations: A. Procedure to be followed regarding alleged violations (1) Notice of Non -Compliance. a. A Notice of Non -Compliance (NONC) may be prepared and transmitted by the CWCB or its Director. Information regarding potential violations may be discovered directly by CWCB staff or can be brought to the CWCB. or its Director by a Complainant, such as the Federal Emergency Management Agency, other state agencies, the local government within whose boundaries the alleged violation took place, or by any other person. who may be directly and adversely affected or aggrieved as a result of the alleged violation. b. Oral complaints shall be confirmed in writing by the Complainant. Persons making a complaint are required to 'submit a formal letter of complaint to the CWCB Director. c. NOW process. i. An NONC issued by the CWCB shall be delivered to an alleged violator by personal delivery or by certified mail (return receipt requested). A copy of the NONC shall be transmitted to FEMA Region VIII and the local jurisdiction having land use authority. ii. The NONC does not constitute final agency action. iii. The NONC shall identify the statute, Rule, regulation, or policy subject to CWCB jurisdiction allegedly violated and the facts alleged to constitute the violation. The NONC may propose appropriate corrective action and suggested corrective action(s) if any, that the CWCB elects to require. (2) FEMA Region VIII shall support, through its National Flood Insurance Program activities, these Rules. This support will include the existing ability for FEMA to place sanctions upon a community for non-compliance. 28 (3) Certain CWCB decisions to provide flood and watershed related grant funding to communities may be directly dependent upon a community's compliance with these Rules. Rule 17. Incorporation by Reference: FEMA Regulations 44 C.F.R. §§ 59, 60, 65, and 70 (2010), available at http-//www.access.gpo.gov/nara/cfr/waisidx-00/44efrvl-00.htmi, EPA Regulations 40 CFR § 302 (2010), available at http://www.access.gpo.gov/nara/cfr/waisidx_03/40efr302_O3.html, and OSHA Regulations 29 CFR § 1910 (2010), available at http://www.access.gpo.gov/nara/cfr/waisidx_99/29cfrl910_99.html, are incorporated herein by reference. In addition, The Colorado "Office of the State Engineer Rules and Regulations for Dam Safety and Dam Construction Materials," set forth in 2 C.C.R. § 402-1 (2010), available at http://water.state.co.us/pubs/rute_reg/ds_rules07.pdf, are incorporated herein by reference. The FEMA Guidelines and Specifications for Flood Mapping Partners (2009), available at www.fema.gov/fhm/dl_cgs.shtm, are also incorporated herein by . reference. These regulations are hereby incorporated by reference by the Colorado Water Conservation Board and made a part of these Rules and Regulations for Regulatory Floodplains in Colorado. Materials in these Rules, including, but not limited to those mentioned here in Rule 17, which are incorporated by reference are those materials in. existence as of the effective date of these Rules and do not include later amendments to or editions of these materials. The material incorporated by reference is available for public inspection during regular business hours at the Colorado Water Conservation Board, 1313 Sherman Street, Room 721, Denver, CO 80203 or may be examined at any state or federal publications depository library, or on the. FEMA or CWCB website. Rule 18. Severability: If any portion of these Rules is found to be invalid, the remaining portion of the Rules shall remain in force and in effect. Rule 19. Recommended Activities for Regulatory Floodplains: The following list contains floodplain management activities and actions suggested by the CWCB to increase a community's overall level of flood protection. Communities and other authorized government entities may: A. Adopt local. standards above and beyond the FEMA and CWCB minimum requirements. B. Develop a Flood Response Plan that identifies responsibilities/actions before, during and after a flood event. C. Enroll in FEMA's National Flood Insurance Program (NF1P) and possibly FEMA's Community Rating System (CRS) Program. D. Develop an early warning flood detection system (flood warning system) using available technologies such as automated precipitation and stream flow gages linked to an appropriate notification system. E. Coordinate with lenders, insurance agents, real estate agents, and developers to prepare and discuss educational tools based on state and federal requirements. 29 F. Promote wise floodplain development and support effective structural and non-structural flood mitigation projects. G. Conduct floodplain studies in areas of Foreseeable Development that do not currently have detailed floodplain studies. H. Maintain an electronic or paper library of local flood related data. 1. Develop a flood risk outreach program and notify flood prone residents annually of flood hazards and the need for flood insurance. J. Encourage elevation of flood -prone. structures and flood -proofing of structures in the floodplains. K. Utilize available state/federal mitigation and preparedness funds. L. Require certified floodplain managers to review proposed land developments. M. Advise the public at large that flooding does occur above and beyond the 100-year and 500- year floods.Floods greater than 500-year floods do occur, and loss of life and property is possible in areas.mapped outside of both the 100-year and 500-year floodplains. N. Utilize the concept of "No Adverse Impact" floodplain management where the action of one property owner does not adversely impact the rights of other property owners, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No Adverse Impact could be extended to entire watersheds as a means to promote the use of retentionldetention or other techniques to mitigate increased runoff from urban areas. O. Prohibit the construction of new levees that are intended to remove land from a regulatory floodplain. for the purpose of allowing new development activity to take place in areas that are otherwise flood prone. P. Require an appropriate level of freeboard at bridges between the 100-year water surface elevation and the lowest elevation of the lowest structural member to allow for passage of waterborne debris. Q. Identify areas prone to flooding outside of the 5007year floodplain where loss of life or substantial property damage may occur. Flooding greater than 500-year (0.2% chance) events can and do occur as well, and loss of life and property is possible in areas mapped outside of both the 100-year and 500-year regulatory floodplains. Communities are encouraged to map and regulate 500-year floodplains for Critical Facilities at their sole discretion. R. Maintain a flood hazard page on the community website with links to the CWCB, FEMA Flood Map Store, National Flood Insurance Program, National Weather Service, local building codes, and local permitting information. S. The CWCB discourages Compensatory Flood Storage because existing flood storage volume should be preserved. However, when necessary, structures and fill that displace floodplain storage volume shall be compensated for by excavation of equivalent volumes at equivalent elevations within a nearby vicinity of the displaced volume. The compensatory storage area shall be hydraulically connected to the source of flooding. T. Adopt Buffer Ordinances that limit development in and near natural protective features such as riparian stream corridors and wetlands. Natural protective features may extend beyond 100 year flood elevations. Extra protections for these areas are beneficial because these areas attenuate runoff periods, improve water quality, stabilize streambanks, recharge groundwater aquifers, allow for lateral stream migration, and protect aquatic and terrestrial habitat. Riparian and wetland areas also enhance the general aesthetic value of a community. U. Buffer ordinances are often seen as.part of land use or zoning code. They may also stand alone in other portions of the municipal code. Options for widths include fixed width, variable width, or multi -zoned buffers. V. Establish Residual Risk Mapping. Residual Risk is the threat to the areas behind levees that may still be at risk for flooding. FEMA has identified thousands of miles of levees nationwide, affecting millions of people. It is important for levee owners, communities, and homeowners to understand the risks associated with living in levee -impacted areas and the steps that can be taken to provide full protection from flooding. Even the best flood protection system or structure cannot completely eliminate the risk of every flood event, and when levee systems fail, the results may be catastrophic and the damage may be more significant than if the levee system had not been built. Rule 20. Effective Date: These Rules shall apply to the designation and approval of all floodplain information made by the Board and all other floodplain activities on or after January 14, 2011 and are, therefore, not retroactive to any floodplain information designated and approved by the Board or other floodplain activities prior to the effective date. These Rules contain provisions that will require many local ordinances to be updated to be consistent with these rules. A transition period of three years beginning from the effective date of these rules will be in effect during which all local.governmenis may follow current local ordinances but must undertake activities to come into compliance with these Rules. Following this transition period, all floodplain activities shall be in conformance with these Rules. In addition, communities may, at their sole discretion, allow un-built projects that were previously permitted by the local government, prior to the adoption date of the local ordinance for which these Rules are incorporated, to be built and therefore considered to be in compliance with these Rules.. Communities may also, at their sole discretion, permit and Allow projects for which a valid CLOMR was issued prior to the adoption date of the local ordinance for which these Rules are incorporated. 31 Floodplain Rules and Regulations Statement of Basis and Purpose — November 17, 2010 Proposed Basis and Purpose for CWCB floodplain Rules and Regulations: 1. These Rules are promulgated to carry out the authority and responsibilities of the Colorado Water Conservation Board ("the Board" or "CWCB") pursuant to sections 24-4-103, 24-65.1- 403(3), 24-65.1-101(1)(c)(I), 24-65.1-202(2)(a)(1), 24-65.1-302(2)(a), 30-28-111{1}{2), 31- 23-301(1) & (3), 37-60-106(l), 37-60-106(1)(c) -(g), 0), (k), C.R.S. (2010). The General Assembly has deemed the designation of floodplains a matter of statewide importance and interest and gave the CWCB the responsibility for the designation of regulatory floodplains and to assure public health, safety, welfare and property by limiting development in regulatory floodplains. §§ 24-65.1-202(2)(a)(I), 24-65.1-302(1)(b)&(2)(a), 24-65.1-403(3), 24-65.1-101 and 24-65.1-404(3), C.R.S. (2010). 2. The Rules will help the CWCB.carry out its statutory mission to devise and formulate methods, means, and plans for the prevention of flood damages. § .37-60-106(l)(c). 3. The purpose of the Rules is to provide uniform standards for regulatory floodplains in Colorado, to provide standards for activities that may impact regulatory floodplains in Colorado, and to stipulate the process by which floodplains will be designated and approved by the CWCB. These Rules will also assist the CWCB and Colorado communities in developing sound floodplain management practices and in assisting with the implementation of the National Flood Insurance Program: 4. Implementing a sound flood protection program is necessary to reduce flood damages because flooding is the most devastating natural disaster in terms of both property damage and human fatalities in Colorado. 5. The General Assembly gave the CWCB the authority to prevent flood damages and regulate and designate floodwater runoff channels or basins. §§ 37-60-106(1)(c), 37-60-106(1)(e), 37- 60-106(1)(f), 37-60-106(1)(g), 37-60-106(1)(h), 37-60-106(1)(k), 37-60-108. The CWCB, in cooperation and coordination with local governments, ensures proper regulation of floodplains. 6. Floodplain administration is an area of state interest. §§ 24-65.103(7) & 24-65.1-202(2)(a), C.R.S. (2010). The General Assembly gave local authorities broad authority to plan for and regulate land use within their jurisdictions, including regulation of development in hazardous areas:and regulating on the basis of impacts to the communities and surrounding areas. §§.29- : 20-102(l) & 29-20-104(1)(a)&(g), C.R.S,.(2010). County planning commissions may establish, regulate and limit uses on or along any storm or floodwater runoff channel or basin that has been n designated and approved by the CWCB in order to lessen or avoid flood damage. § 30-28-1 11 (1), C.R.S. (2010). The governing body of municipalities may establish, regulate and limit uses on or along any storm or floodwater runoff channel or basin that has been designated and approved by the CWCB in order to lessen or avoid flood damage. § 31-23- 301(1), C.R.S. (2010). Thus, all federal agencies using local or state funds, and all private, local or state entities conducting activities. on or along any storm or floodwater runoff channel or basin shall abide by all state and federal regulations and applicable local regulations on or along any storm or floodwater runoff channel or basin that has been designated and approved by the CWCB. Such activities shall also be in conformance with FEMA Regulations 44 C.F.R. § § 5.9, 60, 65, and 70 (2009). 7. Domestic water and sewage systems, such as.wastewater treatment facilities or water treatment facilities, -any systems of pipes, structures and facilities through which wastewater is collected for treatment, are areas of state interest. § 24-65.1-104(5), C.R.S. (2010). Similarly, the site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems are also areas of state interest as determined by local governments. § 24-65.1-203(1)(a), C.R.S. (2010). Structures, such as domestic water and sewage systems, in the floodplain shall be built and designed to incorporate flood protection devices, consider proposed intensity of use and the structure's effects on the acceleration of floodwaters and any potential. significant hazards to public health and safety or to. property. § 24-65.1-202(2)(a)(I)(A), C.R.S. (2010). Shallow wells, solid waste disposal sites, and septic tanks and sewage disposal systems shall be protected from inundation by floodwaters. § 24-65.1-202(2)(a)(1)(A), C.R.S. (2010).. 8. The Rules apply throughout the State of Colorado, without regard to whether a community participates in the National Flood Insurance Program. The Rules also apply to activities conducted by state agencies. §§ 24-65.1-301(1), 24-65.1-403(3)(a), 24-65.1-404(3), 24-65.1- 501, 31-23-301 and. 30-28-111(1), C.R.S. (2010). 9. The Rules incorporate new standards for critical facilities that, if flooded, may result in severe consequences to public health and safety or in essential services and operations for the community at any time before, during, and aftera flood. These Rules are proposed for promulgation in recognition that such critical facilities must be protected to a higher standard from flood damages. § 37-60-106(1)(c). Further, the General Assembly has required that building of structures in the floodplain must be designed in terms of the availability of flood protection devices, proposed intensity of use, effects on the acceleration of floodwaters, potential significant hazards to public health and safety or to property, and other impact of such development on downstream communities such as the creation of obstructions. during floods. § 24-65.1-202(2)(a)(1)(A), C.R.S. (2009). Finally, floodplains shall be administered so as to minimize significant hazards to. public health and safety or to property. § 24-65.1- 202(2)(a)(1)(A) 10. The Rules provide for procedures for and conditions of proposed variances from the Rules if such variance is for good and sufficient cause and will not increase flooding or threaten public safety. 11. The Rules contain standards and specifications for approximate and detailed regulatory floodplain determinations in Colorado. The 2005 Rules contained detailed standards within Appendix A, Appendix B, and Appendix C. These Appendices have been omitted as incorporation into the Rules, but are still available as a reference tool. 12. The Rules will provide the necessary steps for floodplain mapping partners to follow in order to have county and community flood hazard information designated and approved by the CWCB so that statutory requirements can be met. 13. The Rules will assist communities and other floodplain mapping partners with developing and providing accurate regulatory floodplain information for use in wise floodplain management activities. The Rules provide for a process whereby all affected communities have the 2 opportunity to review, analyze, and object to the floodplain studies if not based on technically accurate and sound scientific data. 14. The Rules provide for the CWCB's review of the results of the hydrologic analyses, hydraulic analyses, and floodplain delineations in a published floodplain study report. The Rules provide that a. qualified Colorado registered professional engineer in good. standing shall direct or supervise the floodplain mapping studies and projects within the regulatory floodplain and that such floodplain maps, reports and project designs within the regulatory floodplain shall be .certified and sealed by the Colorado registered professional engineer of record. 15. The Rules provide that designation and approval of floodways shall be.considered, as requested by the local governing entity, as part of the designation and approval of corresponding regulatory floodplains. The Rules provide criteria for determining the effects of dams, levees, stormwater detention, irrigation facilities, flood mitigation measures and stream alteration activities on or in regulatory floodplains in order to quantify peak flood discharges and to assess the effects of flooding conditions that would result. I6. The Rules set forth the process and procedures for the CWCB to designate and approve regulatory. floodplains. The 100-year flood shall be the basis for all designation.and approvals by the Board, for zoning and land use purposes, of regulatory floodplains in Colorado, unless the 500-year flood is requested for designation in writing by the local jurisdiction. 17. The Rules provide the process and procedures for. the CWCB to designate and approve changes to regulatory floodplains resulting from development, watershed changes, new or better technical information, or other factors, subject to the same criteria as required for an original approval and designation. 18. The Rules will provide additional information and recommendations, above and beyond the regulatory floodplain requirements, that can serve communities in need of technical, regulatory, and administrative information in order.to allow for safe and reasonable floodplain development that will lead to better protection of Colorado citizens and their property. 19. The Rules will increase the quantity of statewide uniform credit for the Community Rating System, a program within FEMA's National Flood Insurance Program that provides flood insurance discounts for flood programs that exceed federal minimum standards. This will serve to make flood insurance premiums more affordable statewide for the citizens of Colorado.. 20. The Rules establish freeboard for all new and substantially changed structures statewide. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as debris blocking bridge openings, inherent uncertainty in hydrologic and hydraulic models, rainfall in excess of design events, legal encroachments into the floodplain, and the hydrological effect of urbanization of the watershed. Freeboard results in substantially safer construction and significantly lower flood insurance rates due to lower flood risk. This standard will not apply to existing mapping, but rather, it will be in effect for future mapping and studies. This new standard does not result in any new requirements. 3 21. The Rules provide for a uniform statewide floodway criteria. Current minimum standards set by the National Flood Insurance Program allow for encroachment into the floodplain that raises base flood elevations by one foot. While legally permissible inmost cases, this encroachment results in increased risk to neighboring property owners without recourse that may result in lower property values and increased liability for the permitting communities. Some local communities in Colorado have already successfully adopted and implemented a'/z foot surcharge, as proposed by these Rules. However, due to the non -uniform surcharge criteria between neighboring communities, this higher local regulation is difficult to enforce near community boundaries and is often unable to be reflected on countywide floodplain maps due to the non -uniform regulations. While this regulation only applies to future activities, it has the potential to provide benefits for both existing and future facilities by limiting higher flood depths impacting these structures due to'encroachment. This regulation has the net effect of lowering flood elevations on nearby properties, thus increasing the safety and property value of these positively impacted properties. 22. These Rules apply higher standards to regulations and processes that currently exist, including requirements to: 1) follow all state and federal regulations, 2) obtain a local permit for development in the floodplain (where applicable), 3) elevate -or floodproof structures to a safe elevation, and 4) get a local determination of when substantial changes occur. These Rules do not change the current need to obtain a local permit for development in the floodplain and do not alter how substantial change determinations are made by local governments. Identification of a structure as a critical facility does not create a new regulatory nexus nor does it prevent its occupation in the floodplain; rather. it simply requires an additional foot of freeboard when designed and constructed 23. These Rules contain. provisions that will require many local ordinances to be updated to be consistent with these rules. A transition period of three years beginning from the effective date of these rules will be in effect during which all local governments may follow current local ordinances but must. undertake activities to come into compliance with these Rules. Following this transition period, all floodplain activities shall be in conformance with these Rules. In addition, communities may, at their sole discretion,'allow un-built projects that were previously permitted by the local government, prior to the adoption date of the local ordinance for which these Rules are incorporated, to be built and therefore considered to be in compliance with these Rules. Communities may also, at their sole discretion, permit and allow projects for which a valid CLOMR was issued prior to the adoption date of the local ordinance for which these Rules are incorporated. 24. These Rules reduce expenditure of public money for costly flood control structures. In many cases, proper application of these Rules may reduce, or in some cases, eliminate the need for these costly public expenditures due to wiser use of floodplain areas and safer development within them. 25. These Rules minimize the need for response and rescue efforts associated with flooding and generally undertaken at the expense of the general public While these Rules actually regulate only structures and facilities in the regulatory floodplain, response and rescue efforts associated with flooding affect all residents of a community in terms of cost and reduced availability' of these services during and following a flood to non-floodplain areas. Depending on the circumstances for a particular flood event, the cost of these services can be enormous and, in 4 worst cases, can impact the financial viability of a community. 26. These Rules minimize business interruptions. While there is a tangible cost of complying with these'Rules, it often pales in comparison to the lost business income, tax revenue, and employment that are often experienced following flood events. There are many examples, both from Colorado and around the nation, of a damaging flood impacting the financial stability of a community or region for long periods. While disaster assistance may be available following some events, it is often not sufficient to fully restore services, especially to individuals and businesses. These Rules reduce the risk of flooding to future infrastructure and therefore lessen the vulnerability of communities to losses.and economic risk. 27. These Rules minimize expenses to taxpayers for costly disaster bailouts, relief efforts, and recovery programs. Disaster assistance only benefits those directly affected by a flood disaster but the costs are shared by. entire communities, the state as a whole and, in some cases, the entire nation. Application of these Rules places responsibility and costs on property owners most likely to be directly affected by a flood event. These costs are often low compared to costs experienced during flood events. These Rules reduce the risk of flooding to future infrastructure and therefore lessen the vulnerability of communities and the State to costly and avoidable post -flood activities. 28. These Rules are not to be applied retroactively. These Rules are in effect for future construction, substantial changes to existing construction, and new additions. Substantial change determinations are already made by local governments, and the process for this decision is not altered by these Rules. 5